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December 18, 2012 City Council 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 18, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the December 4, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents: a. VM-11-12: Medium and Heavy Duty Vehicles, two six-yard dump trucks with extended warranties, Corley Freightliner (San Angelo, TX) and Roberts Truck Center (San Angelo, TX), $148,316.00 (Submitted by Vehicle Maintenance Superintendent Patrick Fredrick) b. VM-13-12: Police Computers and Digital Video based on DIR pricing, Visual Pro 360 (Tempe, AZ), not to exceed $212,000.00 (Submitted by Vehicle Maintenance Superintendent Patrick Fredrick) c. REC-01-12: Nutrition Program, Sysco West Texas (Lubbock, TX), $82,000.00 (Submitted by Senior Services Manager Sandra Hernandez) 3. Consideration of authorizing extension of contract through March 31, 2015 pursuant to contract terms with Casco Industries for personal protective equipment (FD-01-11) and ratifying the execution of the extension of contract from December 18, 2012 (Submitted by Fire Chief Brian Dunn)City Council Agenda Page 1 of 5 December 18, 2012
  • 2. 4. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale (quitclaim) deed, sold under the Urban Redevelopment Program, conveying the following real property Tax Lot: (Submitted by Real Estate Administrator Cindy Preas) a. 2325 Lille Street, (Feist), S 50’ of N 497.7’ of Block 8, Kirby Addition, $750, TAX-89-0320-B 5. Consideration of adopting a Resolution approving an amendment to a contract between the City of San Angelo and Varsity Contractors for Janitorial Services, and authorizing the Mayor and/or City Manager to execute said contract amendment (Submitted by Facilities Manager Ron Lewis) 6. Consideration of adopting a Resolution approving an assignment of the December 4, 2012 lease of the West Mezzanine, in substantially the attached form, in the City Hall Building for office space by and between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC), said assignment executed by SAPAC as assignor and the San Angelo Symphony Society (Symphony) as assignee; and authorizing the City Manager or his designee to execute a consent to said assignment on behalf of the City (Submitted by Assistant City Manager/Chief Financial Officer Michael Dane) 7. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute airport property lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located at 8926 hangar road, San Angelo Regional Airport – Mathis Field Airport (Submitted by Airport Manager Luis Elguezabal) 8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (Submitted by Planning Manager AJ Fawver) Z 12-13: Creed Partners, LLC. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1601 KNICKERBOCKER ROAD, APPROXIMATELY 230 FEET FROM THE INTERSECTION OF KNICKERBOCKER ROAD AND SOUTH JACKSON STREET, IN SOUTHWESTERN SAN ANGELO. THIS PROPERTY OCCUPIES 4.086 ACRES OF THE MCNEESE SURVEY 0176.25 ABSTRACT 1641, CHANGING THE ZONING CLASSIFICATION FROM LIGHT MANUFACTURING (ML) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 9. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (Submitted by Planning Manager AJ Fawver) Z 12-14: Basil El-Masri AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4028 SOUTH BRYANT BOULEVARD, APPROXIMATELY 350 FEET FROM THE INTERSECTION OF SOUTH BRYANT BOULEVARD AND BEN FICKLIN ROAD. THIS PROPERTY OCCUPIES 4.35 ACRES OF THE E HERMES SURVEY 0174 ABSTRACT 0349, IN SOUTHERN SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM A COMBINATION OF RANCH & ESTATE (R&E) AND GENERAL COMMERCIAL (CG), TO SINGLE ZONING OF GENERAL COMMERCIAL (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYCity Council Agenda Page 2 of 5 December 18, 2012
  • 3. 10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (Submitted by Planning Manager AJ Fawver) Z 12-15: Julie Snider AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4126 LAKE DRIVE, LOCATED APPROXIMATELY 100 FEET FROM THE INTERSECTION OF LAKE DRIVE AND NORTH BRYANT BOULEVARD; MORE SPECIFICALLY OCCUPYING THE SHORT GEORGE ADDITION, BLOCKS 9 AND 10, 180’ X 484’ TRACT LESS THE SOUTHWEST 0.1020 ACRE, CHANGING THE ZONING CLASSIFICATION FROM RANCH & ESTATE (R&E) TO A GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: JOINT MEETING BETWEEN CITY COUNCIL AND DOWNTOWN DEVELOPMENT COMMISSION (see special agenda for further information) 9:00 A.M. – 10:30 A.M. D. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo E. PUBLIC HEARING AND COMMENT 11. First Public Hearing and consideration of introducing Ordinances amending the Code related to Animal Control and fees: a. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; b. AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; c. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATECity Council Agenda Page 3 of 5 December 18, 2012
  • 4. (Presentation by Health Services Director Sandra Villarreal) 12. Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail (Presentation by Planning Manager AJ Fawver) 13. Discussion, consideration of, and possible action on a petition filed by area landowners seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sams Club Addition (Presentation by Planning Manager AJ Fawver) 14. Discussion of City website costs and consideration of authorizing staff to negotiate a subscription services agreement between the City of San Angelo and Vision Internet, and authorizing the City Manager to execute said contract (Presentation by Public Information Officer Anthony Wilson) 15. Consideration of approving the correction of a previous change order to the contract with Stoddard Construction Management Inc. (SCMI) (PUR-04-10B) for the construction of the City Hall Plaza central plant and for additional work related to the Auditorium to increase the contract amount by $71,805.00 and authorizing the City Manager or his designee to execute any related documents (Presentation by Assistant City Manager Rick Weise) 16. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for grants, new projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS. (Presentation by Budget Manager Morgan Trainer) 17. Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COSADC) Board of Directors to ratify Change Orders 1 through 4 to Contract No. COSADC-01-11, the Business Resource Center, funded by COSADC to cover the additional costs incurred as a result of required structural modifications to the second floor area unknown until after the start of construction, the cost of additional demolition, provision of signage and other contractor change orders in the amount of $150,485.69 and any other action in connection thereto (Presentation by Community and Economic Development Director Shawn Lewis) 18. Discussion and consideration of possible water conservation efforts, programs or incentives and any action in connection thereto (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane and Customer Service Manager Toni Fox) 19. Discussion of the late fees associated with the City’s utility bill and any action in connection thereto (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)City Council Agenda Page 4 of 5 December 18, 2012
  • 5. 20. Discussion of the Water Utility billing structure and procedure (Requested by Councilmember Morrison and presentation by Assistant City Manager/Chief Financial Officer Michael Dane) F. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 22. Consideration of confirming the Park Commission’s nomination, Julia Lane, to the Parks and Recreation Advisory Board 23. Announcements and consideration of Future Agenda Items 24. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, December 11, 2012, at 8:00 P.M. /x/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 December 18, 2012
  • 6. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 135Tuesday, December 4, 2012 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:07 A.M., Tuesday, December 4, 2012,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, with the exception of Councilmembers Farmer and Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led byTristian Tiftickjian, 8th Grader at Trinity Lutheran School.PUBLIC COMMENTCouncilmember Silvas commented on citizen’s issues regarding release of water from fire hydrants along WacoStreet. He suggested staff consider the impact on the current drought situation and how better methods could beestablished to recycle and save the potable water.CONSENT AGENDAAPPROVAL OF THE NOVEMBER 20, 2012 CITY COUNCIL REGULAR MEETING MINUTESAPPROVAL OF A MAINTENANCE SERVICE CONTRACT FOR SAN ANGELO PUBLIC SAFETYCOMMUNICATIONS IN THE AMOUNT OF $141,395.88 FOR CALENDAR YEAR 2013 BETWEEN THECITY OF SAN ANGELO AND INTERGRAPH CORPORATION AUTHORIZING 24/7 TECHNICALSUPPORT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID MAINTENANCECONTRACT AND ANY RENEWAL CONTRACT THEREAFTER PROVIDED THE COST DOES NOTINCREASE MORE THAN 4% EACH SUBSEQUENT YEARAPPROVAL OF AN AMENDMENT TO EXTEND THE NEIGHBORHOOD STABILIZATION PROGRAM(NSP) CONTRACT BETWEEN THE CITY AND THE TEXAS DEPARTMENT OF HOUSING ANDCOMMUNITY AFFAIRS (TDHCA) AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTERELATED DOCUMENTSADOPTION OF A REVISED RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITHTHE TEXAS DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSPORTATIONASSISTANCE IN THE AMOUNT OF $1,300,354.00 MILLION WITH A 20% MATCHING FUNDREQUIREMENT OF UP TO $260,071.00 OVER A FIVE YEAR PERIOD UNDER THETRANSPORTATION ENHANCEMENT GRANT PROGRAM, AUTHORIZED BY TITLE 43, PART 1,CHAPTER 11, SUBCHAPTER E OF THE TEXAS ADMINISTRATIVE CODE, AND OTHER STATE ANDFEDERAL STATUTES ADMINISTERED BY THE TEXAS DEPARTMENT OF TRANSPORTATION(PAGE 143, #2012-12-171)
  • 7. Page 136 MinutesVol. 104 December 4, 2012APPROVAL OF A RESIDENTIAL LEASE RENEWAL LOCATED AT LOT 37, GROUP FISHERMANSROAD, 2610 SLEEPY HOLLOW ROAD (HONAKER); AND AUTHORIZATION FOR THE CITYMANAGER OR INTERIM WATER UTILITIES DIRECTOR TO EXECUTE THE SAMESECOND HEARING AND ADOPTING AN ORDINANCE AMENDING SPEED ZONES ON USHIGHWAY 87 FRONTAGE ROADS (PAGE 145, #2012-12-172)AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, AUTHORIZING ESTABLISHMENT OF A SPEED LIMIT OF 45M.P.H. ON BOTH EAST AND WEST FRONTAGE ROADS OF US HIGHWAY 87 BEGINNING AT THEINTERSECTION OF US HIGHWAY 87 AND FARM TO MARKET ROAD 2105 EXTENDING SOUTH2.553 MILES, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDINGFOR AN EFFECTIVE DATEMotion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Morrison. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTACCEPTANCE OF A PETITION FILED BY AREA LANDOWNERS SEEKING ANNEXATION (TO SANANGELO’S CITY LIMITS) OF CERTAIN PROPERTIES SITUATED IMMEDIATELYWEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00 ACRE TRACTLOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67(SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL AND DIRECTIONTO STAFF TO PROCEED WITH THE PROPOSED ANNEXATION SCHEDULEPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Responding to a question from Councilmember Morrison, Ms. Fawver stated sewer and water serviceavailability will conducted as part of the service plan study and will be presented to City Council for approval.Motion, to accept the petition and direct staff to proceed with the proposed annexation schedule, as presented,was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-13: Creed Partners, LLC.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 1601 KNICKERBOCKER ROAD, APPROXIMATELY 230 FEETFROM THE INTERSECTION OF KNICKERBOCKER ROAD AND SOUTH JACKSON STREET, INSOUTHWESTERN SAN ANGELO. THIS PROPERTY OCCUPIES 4.086 ACRES OF THE MCNEESESURVEY 0176.25 ABSTRACT 1641, CHANGING THE ZONING CLASSIFICATION FROM LIGHTMANUFACTURING (ML) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.
  • 8. Minutes Page 137December 4, 2012 Vol. 104FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-14: Basil El-MasriAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4028 SOUTH BRYANT BOULEVARD, APPROXIMATELY 350FEET FROM THE INTERSECTION OF SOUTH BRYANT BOULEVARD AND BEN FICKLIN ROAD.THIS PROPERTY OCCUPIES 4.35 ACRES OF THE E HERMES SURVEY 0174 ABSTRACT 0349, INSOUTHERN SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM A COMBINATIONOF RANCH & ESTATE (R&E) AND GENERAL COMMERCIAL (CG), TO SINGLE ZONING OFGENERAL COMMERCIAL (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.General discussion was held on storage of vehicles, lot boundaries, required fencing, and the required 100 footsetback.Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded byCouncilmember Morrison. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-15: Julie SniderAN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 4126 LAKE DRIVE, LOCATED APPROXIMATELY 100 FEETFROM THE INTERSECTION OF LAKE DRIVE AND NORTH BRYANT BOULEVARD; MORESPECIFICALLY OCCUPYING THE SHORT GEORGE ADDITION, BLOCKS 9 AND 10, 180’ X 484’TRACT LESS THE SOUTHWEST 0.1020 ACRE, CHANGING THE ZONING CLASSIFICATION FROMRANCH & ESTATE (R&E) TO A GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld.Public comment was made by Citizen Jim Turner regarding the potential odor and other issues associated with acrematorium.Proponent Julie Snider responded she has researched the potential issues and has visited with TexasCommission on Environmental Quality regarding their strict regulations; she informed the smell is almost non-existent, and she confirmed the required 6 foot privacy fence will be installed.A vote was taken on the motion on the floor. Motion carried unanimously.
  • 9. Page 138 MinutesVol. 104 December 4, 2012APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) TO APPROVE AND EXECUTE THE LEASE DOCUMENT BETWEENCOSADC AND ANGELO STATE UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER IN THEBUSINESS RESOURCE CENTER AT 69 NORTHCommunity and Economic Development Director Shawn Lewis presented background information. Mr. Lewisnoted the lease is a four year agreement for an annual rate amount of $19K with three one-year automaticrenewal options.Motion, to approve the recommendation, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Silvas. Motion carried unanimously.DISCUSSION OF THE CITY’S WATER CONSERVATION CREDIT PROGRAMAssistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of thepresentation is part of the Permanent Supplemental Minute record.General discussion was held on adding identifiers to clearly title the previous month’s conservation credit andrecommending staff directing citizens to contact the water billing department regarding any questions they mayhave regarding their utility bill. Council requested staff generate data reports regarding residential users abusingthe Drought Level I restrictions, specifically the high end users (top 10-20% users). Council also commented onthe City need to balance the usage and demand while still maintaining the income necessary to generate thenecessary income as well as establishing a long term plan.PUBLIC HEARING AND APPROVAL OF THE 2011 CONSOLIDATED ANNUAL PERFORMANCE ANDEVALUATION REPORT (CAPER)Neighborhood and Family Services Director Bob Salas presented background information. A copy of thepresentation is part of the Permanent Supplemental Minute record.Councilmember Adams arrived to the meeting at 10:06 A.M.General discussion was held on the Fire Marshal’s and Community Development Block Grant Program’sdemolition program, and the qualification and application for the programs.Motion, to approve the report, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Silvas. Motion carried unanimously.RECESSAt 10:07 A.M., Mayor New called a recess.RECONVENEAt 10:28 A.M., Council reconvened, and the following business was transacted:ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION FOR A PUBLIC HEALTHEMERGENCY PREPAREDNESS DISCRETIONARY FUNDS GRANT IN THE AMOUNT OF $117,024.00FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO ESTABLISH A PUBLICHEALTH EMERGENCY RESPONSE CENTER AT THE SAN ANGELO CITY HALL COMPLEX WHICHREQUIRES THE CITY TO CONTRIBUTE A TEN PERCENT (10%) MATCH IN FUNDS IN AN AMOUNTOF $11,702.00; AND AUTHORIZING THE CITY TO ACCEPT SUCH GRANT FUNDS FOR FY 2013, IFAWARDED, AND AUTHORIZING THE CITY TO PAY THE MATCH IN THE AMOUNT OF$11,702.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY ANDRELATED DOCUMENTS (Page 147, #2012-11-173)Assistant City Manager Rick Weise presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record. Mr. Weise informed the requested grant amount has been revised
  • 10. Minutes Page 139December 4, 2012 Vol. 104from $134,419.00 to $117,024.00 and the 10% match from $13,442.00 to $11,702.00 since the publication ofthe agenda.Motion, to adopt the Resolution, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION FOR 1115 WAIVER FUNDS IN THEAMOUNT OF $960,000.00.00 FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSIONTO ESTABLISH A SEXUALLY TRANSMITTED DISEASE (STD) CLINIC AT THE CITY OF SANANGELO-TOM GREEN COUNTY HEALTH DEPARTMENT WHICH REQUIRES THE CITY TOCONTRIBUTE A FORTY PERCENT (40%) MATCH IN FUNDS IN AN AMOUNT OF $400,000.00 OVERA FOUR (4) YEAR PERIOD BEGINNING FY 2013; AND AUTHORIZING THE CITY TO ACCEPT SUCH1115 WAIVER FUNDS BEGINNING FY 2013 AND CONTINUING THROUGH FY 2016, IF AWARDED,AND AUTHORIZING THE CITY TO PAY THE MATCH IN THE AMOUNT OF $400,000.00; ANDAUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AND RELATEDDOCUMENTS (PAGE 149, #2012-12-174)Assistant City Manager Rick Weise and Nursing Supervisor Marie Aguilar presented background information.A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on the future success of the STD program once the grant expires, specificallyemployee positions. Staff explained employees hired within these positions would be advised upon hiring thegrant funding the position was for a set period. Staff advised STD patients referred from the state are treated atthe City and all other patients are referred to alternative facilities, Shannon Medical, Planned Parenthood orEsparanza Clinic, since closing the City’s clinic. Staff disclosed the main reason to continue this programthrough the City’s clinic is to provide the necessary treatment at a reduced cost, thereby allowing thoseindividuals seeking treatment they would not otherwise seek through other alternatives. Staff informed the grantwill provide funding for employee salaries, to re-establish a downtown location clinic, and to reduce future costof the program. Staff informed due to former agreements, the Tom Green County does not contribute to theclinic.Motion, to adopt the Resolution, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams.Responding to a question from Councilmember Hirschfeld, Assistant City Manager/Chief Financial OfficerMichael Dane replied the department will manage the grant.A vote was taken on the motion on the floor. Motion carried unanimously.DISCUSSION OF ISSUING REBATES OF WATER FEESBudget Manager Morgan Trainer presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Responding to a question from Councilmember Hirschfeld, Interim Assistant Director Kevin Kruger responded1.068 million feet of water mains are scheduled to be replaced out of 3.5 million feet total pipeline initiallyscheduled for repair. Each year $1M is allocated in the budget to repair water mains which equates toapproximately 20,000 feet of water main.Responding to a question from Councilmember Silvas, Mayor New stated the automatic meter reader (AMR)project is in the second of the four year project. Mayor also noted City Council authorized funding for the fouryear project.Councilmember Morrison expressed his concerns on how the water and sewer revenue is distributed betweencapital and operational accounts, specifically on how the rebates are authorized. He requested staff conduct afull audit of the utility account distribution.Assistant City Manager/Chief Financial Officer Michael Dane clarified the rebate is scheduled to be issued from
  • 11. Page 140 MinutesVol. 104 December 4, 2012the operating fund and utility fee increases are dedicated monies for capital project funding for the maintenanceand repair of streets.Councilmember Hirschfeld stated the main concern remains to be the availability of water. He noted manypipelines still require repair and currently loose a fair amount of water due to leakage. Mr. Hirschfeld furthernoted the number of repairs can be further reduced through maintenance and replacement and providing amethod to continue to maintain and manage the project via CIP. He suggested possibly increasing the amountallocated for repairs, incentives, and rebates for those individual’s that install water conservation mechanisms.He remarked the primary purpose is to establish a plan where it benefits all users in the long term.Mayor New further added until the Hickory Water Pipeline project is active, he preferred not to move anymonies for the fear of being in the same situation the City faced 6 months ago. He recognized the 75 day fundgoal as a true reserve and once the goal is met, then the Council should consider a rebate.Public comment was made by Citizen Jim Turner.In conclusion, Mayor New stated based on the discussion, no further action would be required.SECOND PUBLIC HEARING AND ADOPTING AN ORDINANCE AMENDING THE 2012-2013BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETEPROJECTS, AND GRANTS WHICH NECESSITATE BUDGET AMENDMENTS (PAGE 151, #2012-12-175)Budget Manager Morgan Trainer presented background information and informed the requested adjustmentshad been made to the budget amendment.Motion, to adopt the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE A LEASE AGREEMENT WITH THE SAN ANGELO PERFORMING ARTS COALITION(SAPAC) PROVIDING FOR THE LEASE OF OFFICE SPACE BY SAPAC ON THE WEST MEZZANINEOF THE CITY HALL BUILDING (PAGE 155, #2012-12-176)Assistant City Manager/Chief Financial Officer Michael Dane presented background information.Councilmember Alexander acknowledged SAPAC is contributing millions of dollars for the success of thisendeavor.General discussion was held on future allowable adjustments on the $2 ticket fee and SAPAC’s agreement toreview adjustments to resources required to continue the maintenance and future success of the project. Mr.Dane advised the City is requirement to have the cash in hand prior to beginning any project bidding process.He further reviewed the lease terms to occupy the Mezzanine and provided several funding and debt servicescenarios should the City borrow the $2.5M versus receiving the monies from SAPAC.Councilmember Morrison recalled prior staff requests regarding property and purchasing of buildings. Heexpressed his concern for these types of requests and suggested utilizing existing space for City services orcontinue to purchase property versus providing this prime real estate to SAPAC.Councilmember Alexander further stated the positive impact of SAPAC’s endeavor further satisfies the goal andis detrimental to success of the City’s vision.Councilmember Adams concurred with Councilmember Alexander further noting this endeavor benefits theCity, the culture of the City, the continuance of the vision, and displays the aggressiveness by the City to makeimprovements for the city.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld.
  • 12. Minutes Page 141December 4, 2012 Vol. 104Councilmember Morrison recalled the City’s contract with Carlo Capanelli and the required % he is required topay from his proceeds. He viewed this contract as a positive private/public partnership. He stated the city isreceiving little in comparison to what SAPAC is receiving from the City.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld.NAY: Morrison. Motion carried 5-1.POSTPONEMENT OF POSSIBLE ACTION REGARDING A RECOMMENDATION BY THE CITY OFSAN ANGELO DEVELOPMENT CORPORATION TO APPROVE THE EXPENDITURE OF UP TO$23,000.00 FROM HALF CENT SALES TAX FUNDS FOR CABINETS, SHELVING, GUEST WAITINGFURNITURE, DÉCOR/ARTWORK, RECEPTIONIST DESK, AND LANDSCAPING FOR THE NEWBUSINESS RESOURCE CENTERMayor New stated the item has been postponed at the request of staff.AUTHORIZATION TO CLOSE CITY OF SAN ANGELO OFFICES ON MONDAY, DECEMBER 31, 2012AND TUESDAY, JANUARY 1, 2013 TO COINCIDE WITH TOM GREEN COUNTY OFFICES NEWYEAR’S HOLIDAYRequested by Councilmembers Adams and Silvas, both commented in support of closing City offices.Motion, to authorize closing City’s offices on December 31, 2012, as presented, was made by CouncilmemberAdams and seconded by Councilmember Silvas.Mayor New expressed his concern regarding the City’s existing policies in comparison to the County’s policiesnoting employees that are eligible have the option to request the day off.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, and Adams. NAY: New andHirschfeld. Motion carried 4-2.RECESSAt 12:01 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:18 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companieswith whom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At 12:45 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt12:45 P.M., Mayor New called a recess.RECONVENEAt 12:51 P.M., Council reconvened, and the following business was transacted:FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF AND POSSIBLE ACTION MATTERS DISCUSSED IN EXECUTIVE/CLOSEDSESSIONNo action was taken on matters discussed in Executive/Closed Session.
  • 13. Page 142 MinutesVol. 104 December 4, 2012APPROVAL OF BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:Parks and Recreation Advisory Board: Anthony Delacruz (SMD1), Mike Campbell (SMD2), Louis Perez(SMD3), Mary Palos (SMD4), Donald Barnhart (SMD5), Debbie Cross (SMD6), and Gloria Henderson(Mayor)Motion, to approve board nominations by Council and designated Councilmembers, was made byCouncilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.APPROVAL OF APPOINTMENTS TO MENTAL HEALTH MENTAL RETARDATION (MHMR)SERVICES FOR THE CONCHO VALLEY BOARD OF TRUSTEES RECOMMENDED BY LIAISONREPRESENTATIVE COMMITTEEMotion, to approve board appointments, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Daniel Valenzuela distributed the proposed December 18, 2012 Agenda and solicited Councilcomments and suggestions.Councilmember Adams informed he would be absent from December 18th meeting.Councilmember Morrison requested an audit of the water billing department. Mayor New informed staff mayorganize an external meeting and further information will be provided. Councilmember Alexander furtherstated the City has already conducted an audit as a requirement of the Charter. Council suggested this topic as afuture discussion item on the agenda.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motioncarried unanimously.The meeting adjourned at 12:55 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkIn 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.)
  • 14. City of San AngeloMemo Date: November 26, 2012 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for December 18, 2012 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-11-12 Medium and Heavy Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for Medium and Heavy Duty Vehicles from Jim Bass Ford – San Angelo, TX, Corley Freightliner – San Angelo, TX, Roberts Truck Center – San Angelo, TX, Youngs Truck Center – Abilene, TX, Bruckner’s – Ty, TX, and MHC Kenworth – Odessa, TX. Corley Freightliner and Roberts Truck Center submitted complete bids on all requested equipment. Jim Bass Ford submitted a bid on the six-yard dump truck without an extended warranty option. History: Bids were requested for various medium and heavy duty trucks for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring medium and heavy duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given 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; the performance ability of a vendor’s submitted item; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: Approval at this time is for the purchase of two six-yard dump trucks with extended warranties ($148,316) from Corley Freightliner as budgeted from the General Fund and Water Fund capital accounts. Any additional equipment needs will be submitted to Council prior to purchase. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent medium and heavy duty vehicle purchases to Corley Freightliner (San Angelo, TX) and Roberts Truck Center (San Angelo, TX) as assigned on Bid Tabulation VM-11-12. Attachments: Bid Tabulation VM-11-12 Reviewed by: Shane Kelton, Interim Director of OperationsX:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-11-12 - Medium and HeavyDuty Vehicles.doc
  • 15. City of San AngeloMemo Date: November 26, 2012 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for December 18, 2012 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding bid VM-11-12 Medium and Heavy Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for Medium and Heavy Duty Vehicles from Jim Bass Ford – San Angelo, TX, Corley Freightliner – San Angelo, TX, Roberts Truck Center – San Angelo, TX, Youngs Truck Center – Abilene, TX, Bruckner’s – Ty, TX, and MHC Kenworth – Odessa, TX. Corley Freightliner and Roberts Truck Center submitted complete bids on all requested equipment. Jim Bass Ford submitted a bid on the six-yard dump truck without an extended warranty option. History: Bids were requested for various medium and heavy duty trucks for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring medium and heavy duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given 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; the performance ability of a vendor’s submitted item; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: Approval at this time is for the purchase of two six-yard dump trucks with extended warranties ($148,316) from Corley Freightliner as budgeted from the General Fund and Water Fund capital accounts. Any additional equipment needs will be submitted to Council prior to purchase. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent medium and heavy duty vehicle purchases to Corley Freightliner (San Angelo, TX) and Roberts Truck Center (San Angelo, TX) as assigned on Bid Tabulation VM-11-12. Attachments: Bid Tabulation VM-11-12 Reviewed by: Shane Kelton, Interim Director of OperationsX:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-11-12 - Medium and HeavyDuty Vehicles.doc
  • 16. C I T Y   O F   S A N   A N G E L O  BID TABULATION * RFB NO: VM‐11‐12/Mid/ Heavy Duty Vehicles * November 16, 2012Item Description Corley Freightliner Jim Bass Ford Roberts Truck Center1 3.1 - New and Unused 6 Yard Dump $ 72,158.00 $ 69,235.00 $ 75,265.002 Make and Model Quoted: M2 106 Davis Body F650 2013 Intl 4300 SBA 4X23 Delivery Lead Time 60 Days 160 Days 90 Days4 Extended Warranty $ 2,000.00 Not Available $ 4,375.005 Parts, Service, and Operator Manuals No Charge $ 450.00 $ 500.00 Total Bid $ 74,158.00 $ 69,685.00 $ 80,140.00 *low price vendor not selected due to extended warrantyItem Description Carley Freightliner Jim Bass Ford Roberts Truck Center1 3.2 - New and Unused 12 Yard Dump $ 94,483.00 No Bid $ 97,625.002 Make and Model Quoted: Davis Body, M2-106 No Bid Intl 7500 6X4 SBA3 Delivery Lead Time 60-90 Days No Bid 90 Days4 Extended Warranty $ 3,000.00 No Bid $ 3,145.005 Parts, Service, and Operator Manuals No Charge No Bid $ 500.00 Total Bid $ 97,483.00 No Bid $ 101,270.00 Award Total Base + Selected OptionsItem Description Carley Freightliner Jim Bass Ford Roberts Truck Center1 3.3 - Haul Truck $ 164,699.00 No Bid $ 155,050.002 Make and Model Quoted: Coronado SD No Bid Intl 7600 6X4 SBA3 Delivery Lead Time 90-150 Dyas No Bid 90-120 Days4 Automatic Transmission $ 7,599.00 No Bid $ 5,700.005 Extended Warranty $ 4,750.00 No Bid $ 2,815.006 Parts, Service, and Operator Manuals No Charge No Bid $ 500.00 Total Bid $ 177,048.00 No Bid $ 164,065.00 Award Total Base + Selected Options Payment Terms On Delivery or 10 days Net in 10 days Net in 10 days
  • 17. City of San AngeloMemo Date: November 26, 2012 To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for December 18, 2012 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of awarding VM-13-12 (DIR) - Police Computers and Digital Video based on State of Texas DIR Contract: DIR-SDD-1365 pricing, to Visual Pro 360 and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department solicited quotes for portable computers and digital video for the use in Police and Municipal Court patrol vehicles from a State of Texas DIR approved vendor and is requesting approval to purchase up to $212,000 from the contract. History: The equipment brand and model requested is specific so-as to maintain compatibility with existing server hardware, software and standardization in all patrol cars. This equipment is needed for the transfer of information to the officers as well as to record events the officers encounter. Quotes were requested for only computers and digital video equipment (excluding shipping) as they will be installed by the Vehicle Maintenance Division in Police Patrol and Municipal Court vehicles. The intention of this Request is to authorize purchases from Visual Pro 360, a State approved vendor and the State contract pricing throughout the current budget year. Financial Impact: The purchases are budgeted and will not exceed $212,000 from the General Fund capital accounts. Any additional equipment needs, exceeding the amount requested, will be presented to Council prior to purchase. Related Vision Item: NA Other information/Recommendation: Staff recommends authorizing the purchases from Visual Pro 360 (Tempe, AZ), utilizing the State of Texas DIR pricing not to exceed $212,000.00 Attachments: Visual Pro Estimate Reviewed by: Chief Tim Vasquez, Chief of PoliceX:PF DocumentsBid Documents2013 Equipment BidsAgenda BackgroundBackground Memo VM-13-12 - Police Computers andDigital Video.doc
  • 18. 501 Lakeview Heights Suite 101 Estimate Jefferson City, MO 65109 Date Estimate # 11/14/2012 2012-1117 Name / Address City of San Angelo Attn: Vehicle Maintenance Dept. PO Box 1751 San Angelo TX 76902 P.O. No. Sales Rep GG Item Description Quantity Rate TotalCF-31SBLEA1M CF-31 Panasonic CF-31SBLEA1M Windows 7 16 4,309.00 68,944.00 Professional, Intel Core i5-3320M 2.60GHz, 13.1" XGA Touchscreen LCD, 500GB Shock-mounted HDD (7200rpm), 4GB, Wi-Fi, Bluetooth, 3G Gobi, GPS Receiver, Dual Pass (Upper WWAN / Lower Selectable), TPM 1.2, Backlit Emissive Keyboard, Toughbook PreferredDS-PAN-112-2-P Havis Vehicle Port Replicator for the Panasonic CF-30, 16 767.00 12,272.00 CF-31. Includes a Havis Docking Station (dual pass) and a LIND 120 Watt Power Supply- Fully Assembled and Packaged as a Single Product, Greatly Simplifying Installation. Connectivity Includes - 5 USB, 2 Ethernet, 2 Serial, 1 VGA, Speaker/Mic. Antenna Not Included.C-SM-SA-1-HD Havis Mounting bracket complete w/ swing arm 16 90.00 1,440.00C-MD-204 Havis Action adapters, Tilt/swivel, 1.38" High, See 16 60.00 960.00 SpecificationARBTR-KIT-360 Panasonic Mobile Digital Video System Includes: 15 4,050.00 60,750.00 Camera with Wide-angle Lens, Camera Mount, SDHC Video & Audio Recorder, CableCF-SVCARB2A... Panasonic Arbitrator 360 Software Maintenance 15 423.00 6,345.00 Agreement - 3 Years per VPUCN258IR-P Panasonic Arbitrator Rear Sear IR Camera 15 129.00 1,935.00 Optional:TGS-3DP Panasonic G Force Sensor for Arbitrator 0 238.00 0.00CF-SVCLTNF3Y Panasonic Protection Plus - Laptop (Years 1, 2 & 3) 0 250.00 0.00Texas DIR Contract:DIR-SDD-1365 Total $152,646.00 Signature _____________________________________
  • 19. 501 Lakeview Heights Suite 101 Estimate Jefferson City, MO 65109 Date Estimate # 11/14/2012 2012-1117 Name / Address City of San Angelo Attn: Vehicle Maintenance Dept. PO Box 1751 San Angelo TX 76902 P.O. No. Sales Rep GG Item Description Quantity Rate TotalCF-31SBLEA1M CF-31 Panasonic CF-31SBLEA1M Windows 7 16 4,309.00 68,944.00 Professional, Intel Core i5-3320M 2.60GHz, 13.1" XGA Touchscreen LCD, 500GB Shock-mounted HDD (7200rpm), 4GB, Wi-Fi, Bluetooth, 3G Gobi, GPS Receiver, Dual Pass (Upper WWAN / Lower Selectable), TPM 1.2, Backlit Emissive Keyboard, Toughbook PreferredDS-PAN-112-2-P Havis Vehicle Port Replicator for the Panasonic CF-30, 16 767.00 12,272.00 CF-31. Includes a Havis Docking Station (dual pass) and a LIND 120 Watt Power Supply- Fully Assembled and Packaged as a Single Product, Greatly Simplifying Installation. Connectivity Includes - 5 USB, 2 Ethernet, 2 Serial, 1 VGA, Speaker/Mic. Antenna Not Included.C-SM-SA-1-HD Havis Mounting bracket complete w/ swing arm 16 90.00 1,440.00C-MD-204 Havis Action adapters, Tilt/swivel, 1.38" High, See 16 60.00 960.00 SpecificationARBTR-KIT-360 Panasonic Mobile Digital Video System Includes: 15 4,050.00 60,750.00 Camera with Wide-angle Lens, Camera Mount, SDHC Video & Audio Recorder, CableCF-SVCARB2A... Panasonic Arbitrator 360 Software Maintenance 15 423.00 6,345.00 Agreement - 3 Years per VPUCN258IR-P Panasonic Arbitrator Rear Sear IR Camera 15 129.00 1,935.00 Optional:TGS-3DP Panasonic G Force Sensor for Arbitrator 0 238.00 0.00CF-SVCLTNF3Y Panasonic Protection Plus - Laptop (Years 1, 2 & 3) 0 250.00 0.00Texas DIR Contract:DIR-SDD-1365 Total $152,646.00 Signature _____________________________________
  • 20. City of San AngeloMemo Date: December 6, 2012 To: Mayor and Councilmembers From: Sandra Aguilar, Recreation Supervisor-Senior Services Subject: Agenda Item for December 18, 2012 Council Meeting Contact: Sandra Aguilar, 481-2798 Caption: Concent Agenda Item Consideration of awarding “Rec-01-12” Food Products for the Senior Services Nutrition Program, and authorizing the Mayor or City Manager to execute any necessary related documents Summary: Award of bid will be for twelve (12) months with an option to extend for 2 – twelve (12) month terms for various food supplies under the Senior Services nutrition program. The program provides a hot meal for lunch at the Santa Fe Crossing Senior Center, Christian Village, and Plaza Del Sol #2. History: The Nutrition Program has been in existence for 35 years providing meals to seniors of the community. The federal program allows participants an opportunity to donate based on their ability. The only criterion is that a person must be 60 years of age and complete the required paperwork. Financial Impact: Funding for the Nutrition Program is in the FY2012-2013 budget. The Area Agency on Aging of the Concho Valley purchases a set number of meals, which covers the food cost and cost related to the preparation. Contributions and general fund dollars cover the meals that are not funded under the Title III C-1, Congregate. The allocated amount for raw food proposed in FY2012-2013 is $83,458.00. Other Information/ The City received bids from Sysco West Texas and Ben E. Keith. Staff Recommendation: recommends the bid be awarded to Sysco West Texas based on the fact that the majority of the lowest priced items were proposed by Sysco. Sysco also provides menus that meet the state requirement for the Nutrition Program. Attached is the proposed cost per item. Attachments: Bid Tabulation Reviewed by Carl White, Parks & Recreation, December 7, 2012 Director:
  • 21. CITY OF SAN ANGELO Bid Sheet RFB No: RFB-REC-01-12 Recreation- Senior Nutrition / November 15, 2012FROZEN FRUITS AND DESSERT Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ FROZEN FRUIT & DESSERT 395-003 Cobbler Cherry (Mrs. Smith) 4/5lb 10 $ 48.16 $ 481.60 $ 46.49 $ 464.91 395-003 Cobbler Peach (Mrs. Smith) 4/5lb 16 $ 33.49 $ 535.84 $ 31.93 $ 510.82 395-003 Dough Cookies Raisn 240/1oz 5 $ 38.13 $ 190.65 $ 45.60 $ 228.00 395-003 Dough Cookies Sugar 240/1oz 5 $ 31.56 $ 157.80 $ 29.13 $ 145.65 395-003 Fruit Mix ( frozen) 2/5lb 4 $ 21.18 $ 84.72 $ 16.87 $ 67.50 395-003 Pie Sweet Potato-10" 6 ct 6 $ 37.26 $ 223.56 $ 38.61 $ 231.65 395-003 Pie Pumpkin - 10" prebaked 6/6.5 lb 6 $ 34.83 $ 208.98 $ 32.02 $ 192.13 395-003 Strawberries ( whole) Frozen 2/5 lb 12 $ 19.19 $ 230.28 $ 13.91 $ 166.92 395-003 Strawberry sliced 4-1 6/6lb 8oz 10 $ 63.35 $ 633.50 $ 50.83 $ 508.28 Total $ 2,746.93 $ 2,515.86 Days for Delivery No Reply 2 daysCANNED FRUITS AND DESSERT Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ CANNED FRUIT & DESSERT 393-053 Apple Sliced N.W. Fancy 6/#10 16 $ 48.30 $ 772.80 $ 41.33 $ 661.22 393-053 Applesauce Fcy Unsweetened 6/#10 3 $ 40.15 $ 120.45 $ 35.14 $ 105.43 393-053 Apricot Hlvs In Pear Juice 6/#10 12 $ 40.44 $ 485.28 $ 33.63 $ 403.50 393-053 Cherry Maraschino 6/1/2 gal 6 $ 63.91 $ 383.46 $ 60.64 $ 363.83 393-053 Fruit Cocktail Choice LS 6/#10 30 $ 38.01 $ 1,140.30 $ 40.80 $ 1,223.87 393-053 Fruit Tropical Lt Syrup 6/#10 5 $ 42.60 $ 213.00 $ 31.53 $ 157.65 393-053 Oranges, Manderine 6/#10 15 $ 33.89 $ 508.35 $ 36.68 $ 550.16 393-053 Peach Sliced Irregular LS 6/#10 30 $ 34.40 $ 1,032.00 $ 35.80 $ 1,074.00 393-053 Pear Halves in Juice 30/35 6/#10 17 $ 33.83 $ 575.11 $ 36.92 $ 627.65 393-053 Pear Sliced Light Syrup 6/#10 16 $ 35.22 $ 563.52 $ 37.32 $ 597.16 393-053 Pineapple ( crushed ) 6/#10 5 $ 32.62 $ 163.10 $ 32.54 $ 162.69 393-053 Pineapple Sliced 66 ct 6/#10 12 $ 31.31 $ 375.72 $ 34.67 $ 416.09 393-053 Pudding Banana RTS 6/#10 10 $ 30.99 $ 309.90 $ 30.22 $ 302.15 393-053 Pudding Chocolate RTS 6/#10 10 $ 30.99 $ 309.90 $ 28.24 $ 282.42 393-053 Pudding Tapioca RTS 6/#10 9 $ 32.43 $ 291.87 $ 31.31 $ 281.76 393-053 Pudding Vanilla RTS 6/#10 3 $ 30.99 $ 92.97 $ 30.38 $ 91.15 TOTAL CANNED FRUITS $ 7,337.73 $ 7,300.74 Days for Delivery No Reply 2 daysDAIRY PRODUCTS COM# Description Unit Size QTY Ben E. Keith Extended $ Sysco Extended $ DAIRY 380-075 Cheese Cheddar Shrd Milk 4/5 lb 4 $ 31.90 $ 127.60 $ 29.48 $ 117.91 393-053 Cheese Sauce Mild Cheddar 6/#10 7 $ 46.98 $ 328.86 $ 31.41 $ 219.85 393-053 Cheese, Cream 3 lb 4 $ 6.61 $ 26.44 $ 5.81 $ 23.22 393-053 Cottage Cheese sm/Lg Curd 4/#5 7 $ 39.85 $ 278.95 $ 15.76 $ 110.31 393-053 Margarine Reddies 1/12 lb 10 $ 16.75 $ 167.50 $ 28.84 $ 288.35 393-053 Margarine Solids Pure Veg 30/1 lb 13 $ 22.20 $ 288.60 $ 20.02 $ 260.27 380-065 Milk 2% 4/1 Gal 975 $ 21.31 $ 20,777.25 $ 17.35 $ 16,917.57 393-053 Sour Cream 5lb 11 $ 5.79 $ 63.69 $ 5.01 $ 55.15 TOTAL DAIRY PRODUCTS $ 22,058.89 $ 17,992.63 Days for Delivery No Reply 2 daysPRODUCE Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ PRODUCE 390-065 Banana 1/40# 10 $ 24.80 $ 248.00 $ 22.57 $ 225.74 390-065 Green Cabbage 1/50# 15 $ 22.10 $ 331.50 $ 13.11 $ 196.58 390-065 Cole Slaw Mix 4/5# 10 $ 17.80 $ 178.00 $ 14.85 $ 148.49 390-065 Salad Mix 4/5# 10 $ 18.90 $ 189.00 $ 14.66 $ 146.57 Y:12-RFXRecreationREC0112 FOODREC 01-12 Bid Tab Page 1 of 5
  • 22. CITY OF SAN ANGELO Bid Sheet RFB No: RFB-REC-01-12 Recreation- Senior Nutrition / November 15, 2012 390-065 Lemon Choice 1/7# 8 $ 14.10 $ 112.80 $ 9.41 $ 75.32 390-065 Potato Red 1/50# 5 $ 28.10 $ 140.50 $ 14.63 $ 73.14 390-065 Potato Russet 1/50# 10 $ 22.10 $ 221.00 $ 9.76 $ 97.55 TOTAL PRODUCE $ 1,420.80 $ 963.40 Days for Delivery No Reply 2 daysJUICE Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ JUICE 390-090 Juice, Lemon 1/1gt 3 $ 3.17 $ 9.51 $ 27.24 $ 81.71 390-090 Juice Orange Pure Pack 70/4 oz 3 $ 14.85 $ 44.55 $ 14.18 $ 42.53 TOTAL JUICE $ 54.06 $ 124.24 Days for Delivery No Reply 2 daysBREAD Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ BREAD 375-015 Tortilla flour 6" pressed 24/12ct 6 $ 24.36 $ 146.16 $ 20.16 $ 120.97 375-015 Bread, Garlic Toast (slices) 12pkg 18 $ 31.22 $ 561.96 $ 27.68 $ 498.16 375-015 Bread Sandwich White Loaf 8/24 oz 25 $ 15.54 $ 388.50 $ 22.12 $ 552.89 375-015 Bread Sandwich Wheat Loaf 8/24 oz 150 $ 17.36 $ 2,604.00 $ 22.12 $ 3,317.37 375-015 Bun Hot Dog 12 ct 6/12 ct 4 $ 15.40 $ 61.60 $ 30.38 $ 121.52 375-015 Buns Hamburger White 4 Inc 4/12 ct 30 $ 10.23 $ 306.90 $ 27.47 $ 824.24 375-015 Dumplings 2/2.5lb 3 $ 19.68 $ 59.04 $ 18.44 $ 55.32 375-015 Honey Wheat Rolls Ht & Serv 72ct 70 $ 17.93 $ 1,255.10 $ 16.44 $ 1,150.53 375-015 Rolls Sweet yeast parbaked 120ct 35 $ 29.53 $ 1,033.55 $ 28.75 $ 1,006.20 TOTAL BREAD $ 6,416.81 $ 7,647.21 Days for Delivery No Reply 2 daysDRY GOODS Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ DRY GOODS 393-053 Butter Flavor Oil 3/1 gal 5 $ 36.80 $ 184.00 $ 34.68 $ 173.39 375-015 Corn Bread Mix 6/5lb 20 $ 29.83 $ 596.60 $ 28.68 $ 573.68 375-015 Cookies Chocolate Chips 1/10 lb 15 $ 23.31 $ 349.65 $ 20.35 $ 305.22 375-015 Cookie Oatmeal Homestyle 1/10 lb 5 $ 20.13 $ 100.65 $ 17.91 $ 89.56 375-015 Cookies Sugar Homestyle 1/10 lb 15 $ 19.53 $ 292.95 $ 17.91 $ 268.69 375-015 Cracker Graham 200/2 ct 5 $ 21.83 $ 109.15 $ 20.96 $ 104.78 375-015 Flour Hotel & Rest 1/25 lb 4 $ 8.38 $ 33.52 $ 8.15 $ 32.60 375-015 Food Release Aerosol 6/14 oz 5 $ 25.79 $ 128.95 $ 19.75 $ 98.77 375-015 Gelatin Mix Asst Citrus 12/24 oz 5 $ 31.09 $ 155.45 $ 24.78 $ 123.91 375-015 Gelatin Mix Asst Red 12/24 oz 4 $ 30.79 $ 123.16 $ 24.76 $ 99.04 375-015 Gravy Mix Brown 6/13 oz 28 $ 17.86 $ 500.08 $ 20.00 $ 560.00 375-015 Gravy Mix Pork 6/13 oz 10 $ 26.07 $ 260.70 $ 27.18 $ 271.81 375-015 Gravy Mix Peppered Conesto 2/24 oz 9 $ 16.41 $ 147.69 $ 14.30 $ 128.69 375-015 Gravy Mix Poultry 6/12 oz 13 $ 21.47 $ 279.11 $ 20.16 $ 262.05 375-015 Greens-Turnips 6/#10 10 $ 23.36 $ 233.60 $ 21.64 $ 216.41 375-015 Green Mixed Chopped Fancy 6/ #10 8 $ 23.36 $ 186.88 $ 21.64 $ 173.13 390-022 Lemon Pepper 28 oz 3 $ 10.01 $ 30.03 $ 9.82 $ 29.47 375-015 Marshmellow 12/1lb 4 $ 20.31 $ 81.24 $ 20.53 $ 82.10 390-022 Oats 12/42 oz 3 $ 27.94 $ 83.82 $ 24.89 $ 74.68 375-015 Pasta Bowtie 2/5 lb 6 $ 16.92 $ 101.52 $ 13.93 $ 83.55 375-015 Pasta Macaroni Elbow 1/20 lb 4 $ 18.32 $ 73.28 $ 15.13 $ 60.53 375-015 Pasta Spaghetti Long 1/20 lb 7 $ 17.82 $ 124.74 $ 15.13 $ 105.94 390-022 Pudding Mix-Bread 8/1.27 L 6 $ 27.17 $ 163.02 No Bid No Bid 375-015 Rice Long Grain 1/25 lb 17 $ 9.82 $ 166.94 $ 10.15 $ 172.56 375-015 Rice-Pilaf 6/36 oz 3 $ 29.22 $ 87.66 $ 26.40 $ 79.19 390-022 Seasoning Onion Powder 20oz 3 $ 4.72 $ 14.16 $ 5.93 $ 17.79 390-022 Seasoning Rotisserie Chicken 24oz 3 $ 10.20 $ 30.60 $ 10.66 $ 31.99 Y:12-RFXRecreationREC0112 FOODREC 01-12 Bid Tab Page 2 of 5
  • 23. CITY OF SAN ANGELO Bid Sheet RFB No: RFB-REC-01-12 Recreation- Senior Nutrition / November 15, 2012 390-022 Stuffing Mix 6/3.5lb 4 $ 66.25 $ 265.00 $ 59.58 $ 238.32 393-053 Shortening Clear Fry Liquid 1/35 lb 8 $ 29.32 $ 234.56 $ 27.03 $ 216.21 393-053 Sugar Light Brown in Bags 12/2 lb 5 $ 26.21 $ 131.05 $ 23.44 $ 117.22 393-053 Sugar Pure Cane Grandulated 1/25 lb 20 $ 18.77 $ 375.40 $ 15.52 $ 310.37 393-053 Tea Iced Brew Bags 96/1 oz 12 $ 23.13 $ 277.56 $ 12.09 $ 145.03 393-053 Topping Whip Mix 6/16 oz 12 $ 22.23 $ 266.76 $ 22.47 $ 269.68 393-053 Vinegar White 40 grain 4/1 gal 4 $ 7.59 $ 30.36 $ 6.82 $ 27.27 TOTAL DRY GOODS $ 6,219.84 $ 5,543.62 Days for Delivery No Reply 2 daysSOUPS AND SAUCES Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ SOUPS & SAUCES 390-025 Chili No Beans 6/#10 2 $ 71.32 $ 142.64 $ 70.33 $ 140.66 390-025 Dressing Buttermilk Ranch 4/1 gal 3 $ 40.69 $ 122.07 $ 42.65 $ 127.95 390-025 Mayonnaise 4/1 gal 3 $ 31.06 $ 93.18 $ 25.48 $ 76.44 390-025 Sauce Hot Louisiana 24/6 oz 11 $ 10.32 $ 113.52 $ 14.77 $ 162.45 390-025 Sauce Marinara Chunky RTU 6#10 8 $ 37.54 $ 300.32 $ 28.60 $ 228.80 390-025 Sauce Orange 4/.5 gal 4 $ 34.33 $ 137.32 $ 40.32 $ 161.28 390-025 Sauce Picante Mild 4/1 gal 5 $ 31.11 $ 155.55 $ 32.94 $ 164.68 390-025 Sweet & Sour Sauce 6/1/2gal 4 $ 35.84 $ 143.36 $ 40.64 $ 162.55 390-025 Tomato Sauce Fancy Calid 6#10 6 $ 19.60 $ 117.60 $ 20.43 $ 122.55 385-002 Tomatoe Diced in Juice 6/#10 9 $ 21.47 $ 193.23 $ 22.55 $ 202.98 TOTAL SOUPS AND SAUCES $ 1,518.79 $ 1,550.34 Days for Delivery No Reply 2 daysCANNED VEGETABLE Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ CANNED VEGETABLE 393-054 Beans Refried 6/#10 6 $ 28.31 $ 169.86 $ 23.38 $ 140.28 393-054 Bean Baked Oven Prepared 6/#10 5 $ 34.75 $ 173.75 $ 29.85 $ 149.25 393-054 Bean Chuck Wagon Mex Style 6/#10 8 $ 26.44 $ 211.52 $ 23.63 $ 189.01 393-054 Bean Green Cut MX/SV 6/#10 10 $ 26.85 $ 268.50 $ 24.48 $ 244.80 393-054 Bean Green Lima small 6/#10 3 $ 29.34 $ 88.02 $ 26.97 $ 80.92 393-054 Beans- Navy 6/#10 15 $ 26.08 $ 391.20 $ 23.97 $ 359.52 393-054 Beans Pinto 6/#10 20 $ 24.85 $ 497.00 $ 22.77 $ 455.32 393-054 Beets Sliced Salad 6/#10 13 $ 24.16 $ 314.08 $ 26.73 $ 347.54 393-054 Onions Dried Minced 3 lb. 18 $ 11.17 $ 201.06 $ 14.43 $ 259.78 393-054 Pea Blackeye Fresh Shelled 6/#10 9 $ 29.68 $ 267.12 $ 25.15 $ 226.37 393-054 Pepper Diced Red 24/#300 8 $ 37.95 $ 303.60 $ 36.92 $ 295.34 393-054 Pickle Dill Hamburger Slices 1/1 gal 4 $ 6.22 $ 24.88 $ 20.97 $ 83.87 393-054 Potato Au Gratin 20Lb 4 $ 51.95 $ 207.80 $ 48.80 $ 195.21 393-054 Potato-Pearl 6/3.5 oz 15 $ 51.43 $ 771.45 $ 46.48 $ 697.19 393-054 Potato Scalloped 24/7 oz 5 $ 51.00 $ 255.00 NO BID NO BID 393-054 Potaot Sweet LA cut Fancy 6/#10 25 $ 34.74 $ 868.50 $ 28.56 $ 714.06 393-054 Potato Salad 2/12# 15 $ 37.71 $ 565.65 $ 28.40 $ 425.97 393-054 Potato Sliced New 6/#10 8 $ 26.49 $ 211.92 $ 22.46 $ 179.65 393-054 Potato Whole New Diced 6/#10 4 $ 26.49 $ 105.96 $ 31.65 $ 126.58 393-054 Spinach Chopped Fancy 6/#10 25 $ 26.20 $ 655.00 $ 23.14 $ 578.56 393-054 Tomatoes-Stewed 6/#10 10 $ 22.06 $ 220.60 $ 26.80 $ 267.99 TOTAL CANNED VEGETABLE $ 6,772.47 $ 6,017.20 Days for Delivery No Reply 2 daysMEAT PRECOOKED Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ MEAT PRECOOKED 390-020 Pork Diced Boneless 1/10 lb 8 $ 26.87 $ 214.96 $ 21.90 $ 175.24 393-054 Tuna Chunk in Water 6/66.5 oz 4 $ 71.93 $ 287.72 $ 70.05 $ 280.21 TOTAL MEAT PRECOOKED $ 502.68 $ 455.45 Days for Delivery No Reply 2 days Y:12-RFXRecreationREC0112 FOODREC 01-12 Bid Tab Page 3 of 5
  • 24. CITY OF SAN ANGELO Bid Sheet RFB No: RFB-REC-01-12 Recreation- Senior Nutrition / November 15, 2012FROZEN VEGETABLES Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ FROZEN VEGETABLES 385-002 Baby Lima Beans 12/2.5 lb 3 $ 41.58 $ 124.74 $ 37.78 $ 113.35 385-005 Bean Green Italian Cut 12/2 lb 10 $ 27.88 $ 278.80 $ 25.68 $ 256.77 385-005 Bean, Green Regular 12/2 lb 18 $ 22.91 $ 412.38 $ 22.25 $ 400.55 385-005 Bean Green Whole 12/2 lb 10 $ 28.59 $ 285.90 $ 28.90 $ 289.03 385-002 Broccoli Cuts 1/20 lb 10 $ 18.19 $ 181.90 $ 26.11 $ 261.08 385-002 Broccoli Flore 12/2 lb 13 $ 35.00 $ 455.00 $ 29.93 $ 389.04 385-002 Broccoli Spear 12/2 lb 2 $ 27.36 $ 54.72 $ 23.49 $ 46.98 385-002 Brussel Sprouts Medium 12/2 lb 8 $ 40.26 $ 322.08 $ 30.39 $ 243.10 385-002 Carrots Baby Whiole 1/20 lb 12 $ 23.35 $ 280.20 $ 26.68 $ 320.21 385-002 Carrots Crinkle Cut 1/20 lb 13 $ 16.84 $ 218.92 $ 21.54 $ 279.99 385-002 Carrots Smooth Sliced 1/20 lb 8 $ 17.00 $ 136.00 $ 25.45 $ 203.61 385-002 Cauliflower IQF 1/20 lb 6 $ 22.07 $ 132.42 $ 24.17 $ 145.04 385-005 Corn Cut 12/2.5 lb 24 $ 19.22 $ 461.28 $ 26.93 $ 646.37 385-002 Corn Fire Roast 1/20 lb 5 $ 27.23 $ 136.15 $ 29.67 $ 148.37 385-002 Green Collard 12/3 lb 2 $ 30.18 $ 60.36 $ 21.29 $ 42.58 385-002 Hashbrown County 6/6 lb 2 $ 36.98 $ 73.96 $ 23.24 $ 46.48 385-002 Okra Cut Half Inch (Breaded) 1/20 lb 3 $ 18.47 $ 55.41 $ 30.67 $ 92.02 385-002 Okra Cut Half Inch (unbreaded) 12/2 lb 8 $ 27.43 $ 219.44 $ 14.25 $ 113.98 385-002 Spinach Chopped 12/3 lb 4 $ 31.64 $ 126.56 $ 35.58 $ 142.33 385-002 Pea Green 1/20 lb 35 $ 19.33 $ 676.55 $ 27.61 $ 966.37 385-002 Potato Wedge 6/5 lb 8 $ 36.31 $ 290.48 $ 25.94 $ 207.49 385-002 Potato Roasted 4/3 lb 4 $ 22.35 $ 89.40 $ 20.34 $ 81.35 385-002 Potato Diced 4/3 lb 6 $ 44.22 $ 265.32 $ 36.23 $ 217.35 385-002 Squash Yellow Sliced IGF 12/2 lb 37 $ 22.69 $ 839.53 $ 33.07 $ 1,223.70 385-002 Squash Zucchini Sliced IQF 12/2 lb 22 $ 23.41 $ 515.02 $ 24.40 $ 536.80 385-002 Vegetable Blend California 1/20 lb 15 $ 20.98 $ 314.70 $ 31.19 $ 467.84 385-002 Vegetable Corn & Pepper 6/2.5 lb 8 $ 27.76 $ 222.08 $ 29.91 $ 239.31 385-002 Vegetable Blend - Caribbean 6/4 lb 10 $ 36.67 $ 366.70 $ 34.44 $ 344.42 385-002 Vegetable Blend Peas & Carrots 1/20 lb 13 $ 18.28 $ 237.64 $ 24.92 $ 323.91 385-005 Vegetable Blend - Normandy 6/4 lb 13 $ 35.85 $ 466.05 $ 33.49 $ 435.43 385-002 Vegetable Stir Fry 12/2 lb 2 $ 34.73 $ 69.46 $ 36.12 $ 72.24 385-005 Vegetable Venetitian 6/4 lb 15 $ 39.56 $ 593.40 $ 25.19 $ 377.84 385-005 Vegetable Blend - Winter Mix 1/20 lb 15 $ 20.98 $ 314.70 $ 25.91 $ 388.58 385-002 Vegetable Mixed 5-way 1/20 lb 20 $ 19.11 $ 382.20 $ 25.67 $ 513.47 TOTAL FROZEN VEGETABLES $ 9,659.45 $ 10,576.98 Days for Delivery No Reply 2 daysMEATS Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ MEATS 390-020 Beef Salisbury Charbroiled 80/3 oz 13 $ 52.59 $ 683.67 $ 29.49 $ 383.33 390-020 Beef Steak Chopped Carbroiled 76/3 oz 35 $ 44.41 $ 1,554.35 $ 49.15 $ 1,720.16 390-020 Beef Steak Fritter 4/1 40/4 oz 4 $ 18.86 $ 75.44 $ 23.22 $ 92.89 390-020 Brisket Ch Heavy Bnls 6/11 #up 10 $ 2.50 $ 25.00 $ 2.46 $ 24.57 390-020 Ham Buffet Smoked H&W 2/10-12#CW 14 $ 1.81 $ 25.34 $ 2.16 $ 30.28 390-020 Lasagna-meat 4/96 oz 16 $ 67.99 $ 1,087.84 $ 59.13 $ 946.12 390-020 Meatball Charbroiled Cn 320/0.5 oz 17 $ 29.78 $ 506.26 $ 27.22 $ 462.69 390-020 Meatloaf Portioned PC 76/3.20 oz 15 $ 40.88 $ 613.20 $ 42.54 $ 638.10 390-020 Pork Fritters 50/3 oz 12 $ 30.00 $ 360.00 $ 19.63 $ 235.61 TOTAL MEATS $ 4,571.10 TOTAL MEATS $ 4,298.12 Days for Delivery No Reply 2 daysRAW MEATS Item COM# Description Unit Size EST. QTY Ben E. Keith Extended $ Sysco Extended $ RAW MEATS 390-020 BBQ Beef Chopped w/a6% TVP 4/5 lb 7 $ 47.18 $ 330.26 $ 45.77 $ 320.41 390-020 Beef Ground Fine 80/20 16/#5 pkg 16 $ 2.34 $ 37.44 $ 2.46 $ 39.32 390-020 Beef Patties 75/25 - 4/1 40/4 oz 55 $ 18.49 $ 1,016.95 $ 45.74 $ 2,515.45 390-020 Beef Stew Meat 1/10 lb 9 $ 36.42 $ 327.78 $ 29.76 $ 267.82 390-020 Beef Tips Frozen 1/10 lb 29 $ 44.20 $ 1,281.80 $ 3.53 $ 102.43 390-020 Catfish Fillet 4oz BRD 40/4 oz 26 $ 42.92 $ 1,115.92 $ 47.82 $ 1,243.29 Y:12-RFXRecreationREC0112 FOODREC 01-12 Bid Tab Page 4 of 5
  • 25. CITY OF SAN ANGELO Bid Sheet RFB No: RFB-REC-01-12 Recreation- Senior Nutrition / November 15, 2012390-020 Chicken Breast BLSLv40 oz IF 2/5 lb 110 $ 26.35 $ 2,898.50 $ 25.64 $ 2,820.21390-020 Chicken Breast Strips 2/5 lb 24 $ 17.99 $ 431.76 $ 25.37 $ 608.82390-020 Chicken Diced 3/4" IQF 1/10 lb 65 $ 31.37 $ 2,039.05 $ 23.40 $ 1,521.28390-020 Chicken Drumstick IQF Raw 96/3.5 oz 25 $ 38.90 $ 972.50 $ 40.78 $ 1,019.41390-020 Chicken Fajita Thigh Meat 2/5 lb 25 $ 39.43 $ 985.75 $ 57.02 $ 1,425.53390-020 Chicken Thigh IQF 96/4.2 oz 21 $ 52.68 $ 1,106.28 $ 46.99 $ 986.77390-020 Cod-Loin Fillet 40/4oz 15 $ 45.68 $ 685.20 $ 45.42 $ 681.24390-020 Pollock Fish Sticks 1/10lbs 3 $ 23.10 $ 69.30 $ 24.44 $ 73.33390-020 Pork Chops Center Cut 4 oz 40/4 oz 45 $ 28.50 $ 1,282.50 $ 31.62 $ 1,422.77390-020 Pork Loin Roast 40Lbs 10 $ 2.36 $ 23.60 $ 1.73 $ 17.26390-020 Tilapia Fillet 1/10 lbs 32 $ 39.09 $ 1,250.88 $ 26.26 $ 840.41390-020 Turkey Hen 10-12 4/10-12 CW 5 $ 1.32 $ 6.60 $ 1.19 $ 5.97390-020 Turkey Breast SKNLS 2/10lbs 30 $ 2.74 $ 82.20 $ 2.07 $ 62.21390-020 Turkey Toms 24/26 lb 2/24-#26 CW 5 $ 1.32 $ 6.60 $ 1.31 $ 6.54 TOTAL RAW MEATS $ 15,950.87 TOTAL RAW MEATS $ 15,980.48 Days for Delivery No Reply 2 daysINVENTORY SUMMARY Ben E. Keith Days For Delivery Sysco Days For DeliveryFROZEN FRUITS AND DESSERT $ 2,746.93 No Reply $ 2,515.86 2 daysCANNED FRUITS AND DESSERT $ 7,337.73 No Reply $ 7,300.74 2 daysDAIRY PRODUCTS $ 22,058.89 No Reply $ 17,992.63 2 daysPRODUCE $ 1,420.80 No Reply $ 963.40 2 daysJUICE $ 54.06 No Reply $ 124.24 2 daysBREAD $ 6,416.81 No Reply $ 7,647.21 2 daysDRY GOODS $ 6,219.84 No Reply $ 5,543.62 2 daysSOUPS AND SAUCES $ 1,518.79 No Reply $ 1,550.34 2 daysCANNED VEGETABLE $ 6,772.47 No Reply $ 6,017.20 2 daysMEAT PRECOOKED $ 502.68 No Reply $ 455.45 2 daysFROZEN VEGETABLES $ 9,659.45 No Reply $ 10,576.98 2 daysMEATS $ 4,571.10 No Reply $ 4,298.12 2 daysRAW MEATS $ 15,950.87 No Reply $ 15,980.48 2 days GRAND TOTAL $ 85,230.42 $ 80,966.27 Piggy Back Option N/A Yes Payment Terms / Discount No Reply No Reply Accept P-Card No Reply No Reply P-Card Payment Discount No Reply No Reply Is this a Purchasing Co-Op Quote: No No If so, which one? No Reply No Reply Contract Number: No Reply No Reply Are these products available from a purchasing co-op? No Reply No Reply If so, which one (s)? No Reply No ReplyBen E. Keith Food P.O. Box 1180 Abilene TXPerformance Food Group 4141 Lucins McCelvey Drive Temple TXPerformance Food Group P.O. Box 6104 Temple TXSysco West Texas 1420 South Monroe San Angelo TXWatson Sysco 714 2nd Place Lubbock TXY:12-RFXRecreationREC0112 FOODREC 01-12 Bid Tab Page 5 of 5
  • 26. City of San AngeloMemo Date: December 14, 2012 To: Mayor and Councilmembers From: Assistant Chief Scott Farris Subject: 12-18-2012 Contact: Scott Farris Caption: Consent Consideration of authorizing extension of contract through March 31, 2015 pursuant to contract terms with Casco Industries for personal protective equipment (FD-01-11) and ratifying the execution of the extension of contract from December 18, 2012 Summary: The Fire Department is requesting City Council approval to purchase 30 sets of bunker clothing. Request for Bids FD-01-11 were sent out to 4 vendors last year. The lowest responsible bidder that met our specifications was Casco. The terms included 4 additional years at 1 year terms conditional to both parties agreement. History: In order to comply with state and national guidelines we must replace our gear at set intervals. This purchase allows us to stay in compliance and outfit new hires in the gear they need. We have purchased 38 sets of gear from this RFB and would like to extend the agreement with Casco for one more year which would end 12-18-2013. Casco has agreed to the same terms with no changes in pricing. Financial Impact: The purchase will consist of 30 sets of protective jackets and trousers at $1,484.00ea/set for a total of $44,520.00 The total purchase price will be taken out of our regular budget uniform account #101-9000-422-06-13 Recommendation: Staff recommends extending the RFB through 12-18-2013 with existing terms. This would include the purchase of the 30 sets of gear as well as any future gear purchases needed through the remainder of the agreement. Attachments: Casco PPE agreement.pdf, RFB FD-01-11.pdf Reviewed by Director: Brian Dunn, Fire Chief, 12/03/12 Approved by Legal: N/A
  • 27. CITY OF SAN ANGELO REQUEST FOR BIDS RFB NO: FD-01-11 FIRE DEPARTMENTPERSONAL PROTECTIVE GEAR City of San Angelo 106 South Chadbourne San Angelo, Texas 76903 SUBMITTAL DEADLINE JANUARY 31, 2011/ 2:00 P.M.
  • 28. TABLE OF CONTENTS This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications.Section PageTABLE OF CONTENTS1. INTRODUCTION ........................................................................................................................................... 1 1.1. GENERAL ............................................................................................................................................................1 1.2. DISQUALIFICATION ...............................................................................................................................................1 1.3. DIGITAL FORMAT .................................................................................................................................................1 1.4. REQUIRED RESPONSE ...........................................................................................................................................1 1.5. NO BID INSTRUCTIONS .........................................................................................................................................1 1.6. ADDENDA ...........................................................................................................................................................1 1.7. INTERPRETATIONS ................................................................................................................................................1 1.8. CONFIDENTIALITY.................................................................................................................................................1 1.9. AWARD OF CONTRACT ..........................................................................................................................................1 1.10. ACCEPTANCE OF PROPOSAL CONTENT ..................................................................................................................2 1.11. COPIES OF BID TABULATION RESULTS ..................................................................................................................22. DEADLINE AND DELIVERY LOCATION ........................................................................................................... 3 2.1. DEADLINE ...........................................................................................................................................................3 2.2. COPIES ...............................................................................................................................................................3 2.3. SEALED ENVELOPE FORMATTING ............................................................................................................................3 2.4. DELIVERY ENVELOPE FORMATTING .........................................................................................................................3 2.5. DELIVERY ADDRESSES: ..........................................................................................................................................3 2.6. POINTS OF CONTACT ............................................................................................................................................33. INSTRUCTIONS TO BIDDERS ......................................................................................................................... 5 3.1. PROPOSAL/BID INTERPRETATION ...........................................................................................................................5 3.2. SPECIFICATIONS ...................................................................................................................................................5 3.3. SUBSTITUTIONS ...................................................................................................................................................5 3.4. MATERIALS .........................................................................................................................................................5 3.5. CORRECTIONS, ADDITIONS, OR DELETIONS ..............................................................................................................5 3.6. BID ITEMS ..........................................................................................................................................................5 3.7. TAXES ................................................................................................................................................................5 3.8. AUTHORIZED SIGNATURE ......................................................................................................................................5 3.9. MODIFICATION OR WITHDRAWAL OF BIDS ..............................................................................................................5 3.10. PRICES............................................................................................................................................................6 3.11. DELIVERY DATE ................................................................................................................................................6 3.12. DEFAULT IN DELIVERY .......................................................................................................................................6 3.13. DELIVERY TIMES...............................................................................................................................................6 3.14. EVALUATION FACTORS ......................................................................................................................................6 3.15. PARTIAL AWARD ..............................................................................................................................................6 3.16. RESERVATIONS.................................................................................................................................................6 3.17. SUBMISSION OF BIDS........................................................................................................................................7 3.18. CLOSING TIME & DATE .....................................................................................................................................7 3.19. LATE BIDS .......................................................................................................................................................7 3.20. ACCEPTANCE ...................................................................................................................................................7
  • 29. 4. TERMS AND CONDITIONS ............................................................................................................................ 9 4.1. SELLER TO PACKAGE GOODS..................................................................................................................................9 4.2. SHIPMENT UNDER RESERVATION PROHIBITED ..........................................................................................................9 4.3. TITLE & RISK OF LOSS ..........................................................................................................................................9 4.4. DELIVERY TERMS AND TRANSPORTATION CHARGES...................................................................................................9 4.5. NO REPLACEMENT OF DEFECTIVE TENDER ...............................................................................................................9 4.6. PLACE OF DELIVERY .............................................................................................................................................9 4.7. INVOICES & PAYMENTS.........................................................................................................................................9 4.8. GRATUITIES ......................................................................................................................................................10 4.9. SPECIAL TOOLS & TEST EQUIPMENT ......................................................................................................................10 4.10. WARRANTY-PRICE..........................................................................................................................................10 4.11. WARRANTY-PRODUCT ....................................................................................................................................10 4.12. SAFETY WARRANTY ........................................................................................................................................10 4.13. NO WARRANTY BY CITY AGAINST INFRINGEMENTS..............................................................................................10 4.14. RIGHT OF INSPECTION.....................................................................................................................................10 4.15. CANCELLATION ..............................................................................................................................................11 4.16. TERMINATION................................................................................................................................................11 4.17. FORCE MAJEURE ............................................................................................................................................11 4.18. ASSIGNMENT-DELEGATION ..............................................................................................................................11 4.19. WAIVER........................................................................................................................................................11 4.20. MODIFICATIONS.............................................................................................................................................11 4.21. INTERPRETATION-PAROL EVIDENCE ...................................................................................................................11 4.22. APPLICABLE LAW............................................................................................................................................11 4.23. ADVERTISING.................................................................................................................................................11 4.24. RIGHT TO ASSURANCE ....................................................................................................................................11 4.25. EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................................11 4.26. CONFLICT OF INTEREST....................................................................................................................................12 4.27. LEGAL VENUE ................................................................................................................................................12 4.28. FUNDS – PRICE ..............................................................................................................................................12 4.29. CLAIMS FOR OVERCHARGES .............................................................................................................................12 4.30. PIGGY-BACK/COOPERATIVE PROCUREMENTS......................................................................................................12 4.31. TERMS..........................................................................................................................................................125. SPECIFICATIONS......................................................................................................................................... 13 5.1. GENERAL ..........................................................................................................................................................13 5.2. SPECIFICATIONS WORKSHEET ...............................................................................................................................136. BID FORMS ................................................................................................................................................ 27 DISCLOSURE OF CERTAIN RELATIONSHIPS..........................................................................................................................29 LOCAL PREFERENCE CONSIDERATION ...............................................................................................................................33 DEBARMENT AND SUSPENSION CERTIFICATION ..................................................................................................................37 BID SHEET ...................................................................................................................................................................39 AUTHORIZED SIGNATURE/CONTACT INFORMATION............................................................................................................40
  • 30. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42191. INTRODUCTION 1.1. General The City of San Angelo Fire Department is seeking bids for the purchase of Personal Protective Gear (Bunker Gear). 1.2. Disqualification The bidder may be disqualified for any of the following reasons: • The bidder is involved in any litigation against the City of San Angelo; • The bidder is in arrears on any existing contract or has defaulted on a previous contract with the City; • The bidder is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs. 1.3. Digital Format If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.4. Required Response The City requires a response to any RFB’s mailed to potential bidders. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Bidders List you must submit a “No Bid”. 1.5. No Bid Instructions To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list. 1.6. Addenda Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Department will issue an addendum addressing the nature of the change. Respondents must sign it and include it in the returned proposal package. Addenda will be posted on the City’s website and mailed to the bidder’s list. Firm is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued. 1.7. Interpretations All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to Owner in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than seven (7) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.8. Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such. 1.9. Award of Contract The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.RFB NO.: FD-01-11/Personal Protective Gear 1
  • 31. 1.10. Acceptance of Proposal Content Before submitting a proposal, each Bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Bidder receives an award, failure to have made such investigation and examinations will in no way relieve the Bidder from his obligation to comply in every detail with all provisions and requirements. 1.11. Copies Of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, Texas 76902-1751RFB NO.: FD-01-11/Personal Protective Gear 2
  • 32. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42192. DEADLINE AND DELIVERY LOCATION 2.1. Deadline Sealed Request for Bids (RFB) submittals must be received and time stamped, January 31, 2011, 2:00 PM, Local Time. The clock located in Purchasing will be the official time. 2.2. Copies Submit one (1) unbound original and one (1) complete copy of your bid. (Staples and binder clips are acceptable on the unbound original). 2.3. Sealed Envelope Formatting Mark Sealed Bid Envelope: “RFB NO.: FD-01-11/Personal Protective Gear” 2.4. Delivery Envelope Formatting Mark delivery envelope “Sealed Bid Enclosed” 2.5. Delivery Addresses: USPS: City of San Angelo Purchasing Department RFB NO.: FD-01-11/Personal Protective Gear P.O. Box 1751 San Angelo, Texas 76902-1751 Delivery Services: City of San Angelo Purchasing Department RFB NO.: FD-01-11/Personal Protective Gear 106 S. Chadbourne St., RM 204 San Angelo, Texas 76903 Faxed or electronically transmitted bids will not be accepted 2.6. Points Of Contact Laura Brooks, Purchasing Specialist Captain Mark Martin Purchasing Department Fire Department City of San Angelo City of San Angelo st P.O. Box 1751 306 W. 1 Street San Angelo Texas, 76902-1751 San Angelo Texas, 76903 Email: laura.brooks@sanangelotexas.us Email: safety1@safiredept.com Telephone: (325) 657-4219 Telephone: (325)657-4281It is the sole responsibility of the bidder to ensure that the sealed RFB submittal arrives at the above location by the specified deadline regardless of method chosen by the firm for delivery.RFB NO.: FD-01-11/Personal Protective Gear 3
  • 33. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 4
  • 34. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42193. INSTRUCTIONS TO BIDDERS 3.1. Proposal/Bid Interpretation Any explanation desired by a bidder regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing seven (7) days prior to the deadline to the Purchasing Department, City of San Angelo, P.O. Box 1751, San Angelo, TX 76902-1751 to allow sufficient time for evaluation and reply to all prospective bidders before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement. 3.2. Specifications The specifications herein shall be the basis of comparison and where a definite item is specified it is not the intention to discriminate against any product made by another manufacturer, but rather, the intention is to set a definite standard, style, and function. Bidders are required to quote equipment that will meet or exceed the minimum or maximum specifications herein. 3.3. Substitutions It is the intention of the City of San Angelo to purchase equipment similar or equal to that specified. Variation from the specification must be noted in bid by bidder. Absence of noted variations will be interpreted to mean that the item quoted is in exact accordance with the specification. Each bidder, if not bidding on specified equipment, is required to furnish with his bid, a complete detailed description, and specifications of each item upon which he is bidding, supported by the manufacturer’s catalog, photographs, guarantee, complete name, and any other pertinent information. An “or equal” item must reflect the general appearance, design, dimensions, or color of the item specified. Samples, if required, shall be furnished free of expense to the City. Samples not used or destroyed in examination and testing will be returned to the bidder, if requested, at the bidder’s expense. Each sample must be marked with Bidder’s name, address, and Bid Number reference. Approval of substitute “or equal” items remains with the City and in all cases is final. In the event an item is not accepted as an “or equal”, the City may allow the vendor to supply the remaining items meeting specifications at the bid price. 3.4. Materials The bidder certifies all materials and equipment supplied resulting from this bid invitation shall be new and unused, unless noted elsewhere in the invitation. 3.5. Corrections, Additions, Or Deletions Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum. 3.6. Bid Items Bidders are expected to examine all specifications, drawings, standard provisions, and instructions. FAILURE to do so will be at the bidder’s risk. Bids are to be submitted on each item and total extended, however more than one bid may be submitted on products meeting the specifications. 3.7. Taxes All quotations are to be submitted less Federal Excise and State of Texas Sales Taxes. Tax exemption certificates will be executed upon request. The City’s federal tax identification number is 75-6000-659-9. 3.8. Authorized Signature Bids must show vendor name, address, and be manually signed. The person signing the bid must have authority to bind his firm in a contract. Any erasures or other changes must be initialed by the person signing the offer. 3.9. Modification Or Withdrawal Of Bids Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a bidder or his authorized agent, provided his identity is made known and he signs a receipt for the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department.RFB NO.: FD-01-11/Personal Protective Gear 5
  • 35. 3.10. Prices Bidder is to quote its lowest and best price Free On Board (F.O.B.) destination on each item to shipping location in San Angelo, Texas unless otherwise specified in the invitation. Pricing shall include packaging, transportation, unloading, and any trade and cash discounts will be taken, if earned. Bids must be firm, however if a bidder believes it necessary to base its price on price adjustment, such a bid may be considered, but only as an alternate bid. Pricing is to be submitted on units of quantity specified with extended totals, however in the event of a discrepancy in extension, the unit prices shall govern. Pricing shall be entered on the Bid Sheet in ink or typewritten. 3.11. Delivery Date Bid must show the number of calendar days required to place the materials at the place of destination under normal conditions. Failure to specify delivery date or state unrealistically short or long delivery dates may cause the bid to be disregarded. 3.12. Default In Delivery The vendor must keep the City advised at all times as to the status of the order. When delivery delay can be foreseen, the vendor shall give prior notice to the Purchasing Department who shall have the right to extend the delivery date if reasons for delay are reasonable and acceptable. Default in promised delivery, without acceptable reasons, or failure to meet specifications without remedy shall cause the City to purchase the goods elsewhere, and charge any increase in cost and handling to the defaulting vendor. This does not limit any other remedies to the City for damage entitled under the Uniform Commercial Code. 3.13. Delivery Times Deliveries will be accepted only during normal working hours, i.e.; 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m., Monday thru Friday, unless prior arrangements have been made. For large orders, 24 hours notice to the Receiving Department is required to eliminate delays in delivery. 3.14. Evaluation Factors It is not the policy of the City to purchase on the basis of low bids alone. In evaluating bids submitted and the following considerations shall be taken into account to determine the “best value” for the City. A. The purchase price; B. the reputation of the vendor and of the vendor’s goods or services; C. the quality of the vendor’s goods or services; D. the extent to which the goods or services meet the City’s needs; E. the vendor’s past relationship with the City F. the impact on the ability of the City to comply with laws and rules relating to historically underutilized businesses; G. the total long-term cost to the City to acquire the vendor’s goods or services; and H. any other relevant factor specifically listed in the request for bids and proposals. 3.15. Partial Award Bidders may furnish pricing for all or any portion of the bid invitation. UNLESS bidder specifies otherwise in his bid, the City may award contracts for any item or group of items listed. 3.16. Reservations The City expressly reserves the right to accept, reject, or cancel all bids AND: Waive any defect, irregularity, or informality in any bid or bidding procedure. Extend the bid closing time and date. Reissue a bid invitation or proposal. Procure any item by other means. Increase or decrease the quantity specified, unless the bidder specifies otherwise.RFB NO.: FD-01-11/Personal Protective Gear 6
  • 36. Waive as an informality, minor deviations from specifications at a lower price than the low bid meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and overall function is improved or not impaired. Consider and accept an alternate bid as provided herein when most advantageous to the City. Extend any contract when most advantageous to the City. The City reserves the right to award multiple contracts based on low bids for individual items or groups of similar items. 3.17. Submission Of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section, page 3. Faxed bids will not be accepted. 3.18. Closing Time & Date All bids must be returned in sufficient time to be received in the Purchasing Department on or before the advertised closing date and time 3.19. Late Bids Bids received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened. 3.20. Acceptance Acceptance of bidder’s offer will be in the form of a purchase order or contract. Notice for annual contract agreements will be a notice of award, purchase order, or contract.RFB NO.: FD-01-11/Personal Protective Gear 7
  • 37. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 8
  • 38. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42194. TERMS AND CONDITIONS 4.1. Seller To Package Goods The seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: A. Seller’s name and address. B. Consignee’s name and address C. Purchase Order or purchase release number, and the supply agreement number if applicable. D. Container number and total number of containers, e.g., box 1 of 4 boxes. E. The number of the container bearing the packing slip. Seller shall pay cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to the requirements of common carriers and any applicable specifications. City’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4.2. Shipment Under Reservation Prohibited Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 4.3. Title & Risk Of Loss The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery. 4.4. Delivery Terms And Transportation Charges F.O.B. destination unless delivery terms are specified in Seller’s bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided City shall have the right to designate what method of transportation shall be used to ship the goods. Delivery may be a consideration in the award when shown to be a benefit to the City. 4.5. No Replacement Of Defective Tender Every tender or delivery of goods must fully comply with all provisions of this contract as to the method and place of delivery, quality and the like. If a tender is made which does not fully conform, this will constitute a breach and Seller will not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time. 4.6. Place Of Delivery The place of delivery shall be that set forth in the block of the purchase order entitled “Receiving Agency”. The terms of this agreement are “no arrival, no sale”. 4.7. Invoices & Payments Seller shall submit separate invoices, in duplicate, on each purchase order or purchase release after or at the time of each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number, if applicable. Invoices shall be itemized and they shall list transportation charges, if any, separately. A copy of the bill of lading, and the freight waybill, when applicable, should be attached to the invoice. Payment shall not be due until the above instruments are submitted on or after delivery. If invoices are not included in the delivery package then they should be mailed to the ordering department. Payment may be withheld by City, at the discretion of the City, to Seller until all required documents pertaining to the sale are received by the City. City’s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by City.RFB NO.: FD-01-11/Personal Protective Gear 9
  • 39. Do not include Federal Excise, State, or City Sales Tax. 4.8. Gratuities The City may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by City that gratuities were offered from an agent or representative of the Seller to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by Seller in providing such gratuities. 4.9. Special Tools & Test Equipment If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any drawings or related documents thereto shall become the property of the City and to the extent feasible shall be identified by the Seller as such. 4.10. Warranty-Price The price to be paid by the City shall be that contained in Seller’s bid which Seller warrants to be no higher than seller’s current prices on orders by others for products of the kind and specifications covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller’s current prices on orders by others, or in the alternative, reduced to the Seller’s current prices on orders by others, or in the alternative, City may cancel this contract without liability to seller for breach or Seller’s actual expense. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 4.11. Warranty-Product Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Seller warrants that the goods furnished will conform to the specifications, drawings, and descriptions. 4.12. Safety Warranty Seller warrants that the product sold to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA). In the event the product does not conform to OSHA standards, City may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by City will be at Seller’s expense. 4.13. No Warranty By City Against Infringements As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. City makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall City be liable to Seller for indemnification in the event that seller is sued on the grounds of infringement or the like. If Seller is of the opinion that an infringement or the like will result, he will notify City to this effect in writing within two weeks after the signing of the agreement. If City does not receive notice and a claim of infringement is made, Seller will indemnify, defend, and hold harmless City, its Council members, officials, agents, consultants, and employees free and harmless from and against any and all claims, suits, judgments, costs, penalties, fines, damages, and attorneys’ fees and expenses asserted by any person or persons. If Seller, in good faith, ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be void. 4.14. Right Of Inspection City shall have the right to inspect the goods at delivery before accepting them. Acceptance of the goods upon delivery should in no way constitute a waiver of any right or privilege contained with this contract or under law.RFB NO.: FD-01-11/Personal Protective Gear 10
  • 40. 4.15. Cancellation City shall have the right to cancel for default all or any part of the undelivered portion of the order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which City may have in law or equity. 4.16. Termination Performance under this contract may be terminated in whole, or in part by the City in accordance with this provision. Termination performance hereunder shall be effected by the delivery to seller of a “Notice of Termination” specifying the extent to which performance under this contract is terminated and the date upon which such termination becomes effective. 4.17. Force Majeure Neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, which by the exercise of reasonable diligence said party is unable to prevent. 4.18. Assignment-Delegation No right or interest in the contract shall be assigned nor shall any delegation of any obligation made by Seller be valid without the written permission of the City. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 4.19. Waiver No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 4.20. Modifications This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 4.21. Interpretation-Parol Evidence This writing is intended by the parties as a final expression of their agreement and is intended as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in the agreement, the definition contained in the Code is to control. 4.22. Applicable Law This agreement shall be governed by the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 4.23. Advertising Seller shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government. 4.24. Right To Assurance Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 4.25. Equal Employment Opportunity Seller agrees that during the performance of its contract it will: Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.RFB NO.: FD-01-11/Personal Protective Gear 11
  • 41. Identify itself as an “Equal Opportunity Employer” in all help wanted advertising or request. The Seller shall be advised of any complaints filed with the City alleging that Seller is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included; however, the Seller is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted. 4.26. Conflict Of Interest Seller agrees to comply with the conflict of interest provisions of the City Of San Angelo Charter and Code of Ordinances. Seller agrees to maintain current, updated disclosure of information on file with the Purchasing Dept. throughout the term of the contract. 4.27. Legal Venue San Angelo, Tom Green County, Texas 4.28. Funds – Price The seller submitting the lowest and best bid for each item will establish a price agreement with the City. The item(s) ordered will be selected based on the availability of funds, needs of each user, price, delivery, and value to the City. 4.29. Claims For Overcharges Seller hereby assigns to City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. 4.30. Piggy-Back/Cooperative Procurements Other municipalities or public agencies in the State of Texas may be interested in purchasing products as procured through this solicitation. Any such “piggy-back” awards will be made independently by each agency. The City of San Angelo is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated “piggy-back” procurements. 4.31. Terms This contract will be for one year effective from the bid award date by the City Council. Four (4) additional one (1) year term extensions will be available subject to agreement by both parties .RFB NO.: FD-01-11/Personal Protective Gear 12
  • 42. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42195. SPECIFICATIONS 5.1. General A. Vendor must accept a purchase order for method of payment at the time of ordering. Vendor will submit an invoice to the ordering department with delivery of order. Payment will then be processed by the ordering department and a check will be issued to the Vendor for the amount of purchase within 30 days of receipt/delivery. B. All quantities listed are approximate. Actual quantities may be more or less than what is requested on bid sheet. C. The products will be ordered on an as-needed basis and based on availability of funds D. All deliveries of merchandise must include an invoice and/or packing slip with order detail. E. Bidder will deliver all required quantities at the BID price during the terms of this agreement. F. The City shall have the option to pick up material(s) from the Vendor (if local). G. The City anticipates award of the contract(s) for the materials as per these specifications. H. Articles must be bundled separately and clearly identifiable. I. The City reserves the right to award multiple contracts based on low bids for individual items or groups of similar items. 5.2. Specifications Worksheet GENERAL SPECIFICATIONS PROTECTIVE JACKET AND TROUSERS FOR STRUCTURAL FIRE FIGHTINGSCOPEThis specification details design and materials criteria to afford protection to the upper and lower body, excludinghead, hands, feet, against adverse environmental effects during structural fire fighting. All materials andconstruction will meet or exceed NFPA Standard #1971 (2007 revision) and OSHA for structural fire fightersprotective clothing. _____Comply _____ExceptionOUTER SHELL MATERIAL - JACKETS AND TROUSERS ® ®The outer shell shall be constructed of "ADVANCE" 60/40 Kevlar /Nomex blend material with an approximate weightof 7.0 oz. per square yard in a rip stop weave. The shell material must be treated with SST (SUPER SHELLTITE) whichis a durable water-repellent finish that also enhances abrasion resistance. Color of garments to be khaki. Bids offeringthis shell material without the SST will not be considered. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 13
  • 43. THERMAL INSULATING LINER - JACKET AND TROUSERS ®The thermal liner shall be constructed of “CALDURA SL2”; one layer of 1.5 oz. and one layer of 2.3 oz. per square yard ® ®E-89 spunlaced Nomex /Kevlar aramid blend, quilt stitched to a 3.9 oz. per square yard combination spun/filament ®Caldura SL face cloth, with a finished weight of approximately 7.6 oz. per square yard. A 7 inch by 9 inch pocket,constructed of self material and lined with moisture barrier material, shall be affixed to the inside of the jacket thermalliner on the left side by means of a lock stitch. The thermal liner shall be bound around its perimeter with Bias-CutNeoprene coated cotton/polyester binding. The thermal liner shall be attached to the moisture barrier. Furthermention of “Thermal Liner” in this specification shall refer to this section. NOTE: This thermal liner MUST be usedexclusively with a minimum 7 oz. per square yard outer shell material. _____Comply _____ExceptionMOISTURE BARRIER - JACKETS AND TROUSERSThe “CROSSTECH®” Type 2C 2-layer moisture barrier material shall be a 5.0 oz. per square yard two-layer laminate ®comprised of a bicomponent membrane and a 3.2 oz. per square yard Nomex IIIA woven pajama check substrate. Thebicomponent membrane shall be comprised of an expanded PTFE (polytetrafluoroethylene, for example Teflon) matrixhaving a continuous hydrophilic (i.e. water loving) and oleophobic (i.e. oil hating) coating that is impregnated into thematrix. The moisture barrier material shall meet all moisture barrier requirements of NFPA 1971-2007 edition, whichincludes water penetration resistance, viral penetration resistance, and common chemical penetration resistance. Themoisture barrier shall be bound along the edges with Bias-Cut Neoprene-coated cotton/polyester binding. Furthermention of “Specified Moisture Barrier” in this specification shall refer to this section. _____Comply _____ExceptionSEALED MOISTURE BARRIER SEAMSAll moisture barrier seams shall be sealed with a minimum 1 inch wide sealing tape. One side of the tape shall becoated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrierseam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams bymeans of pressure exerted by rollers for that purpose. _____Comply _____ExceptionMETHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND TROUSERSThe thermal liner and moisture barrier shall be completely removable from the jacket shell. Two strips of 5/8 inch wideflame resistant hook and loop fastener tape shall secure the thermal liner/moisture barrier to the outer shell along thelength of the neck line under the collar (see Collar section). The remainder of the thermal liner/moisture barrier shallbe secured with a minimum of four snap fasteners appropriately spaced on each jacket facing and four snap fastenersat each sleeve end. Additionally there shall be three snap tabs at hem to secure liner to shell.The thermal liner and moisture barrier shall be completely removable from the trouser shell. Nine snap fasteners shallbe spaced along the waistband to secure the thermal liner/moisture barrier to the shell. The legs of the thermalliner/moisture barrier shall be secured to the shell by means of three snap fasteners per leg. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 14
  • 44. THERMAL PROTECTIVE PERFORMANCEThe assembled garment, consisting of an outer shell, moisture barrier, and thermal liner, shall exhibit a TPP (ThermalProtective Performance) rating of not less than 35. _____Comply _____ExceptionSTITCHINGThe outer shell shall be assembled using stitch type #301, #401, and #516. The thermal liners and moisture barriersshall be assembled using stitch type #301, #401, #504, #514, and #516. Stitching in all seams shall be continuous. Thereshall be no joined stitching in midseam. All major A outer shell structural seams, major B structural liner seams, shallhave a minimum of 8 to 10 stitches per inch. _____Comply _____Exception JACKET CONSTRUCTIONBODYThe body of the shell and AXTION liner system shall be constructed of three separate panels consisting of two frontpanels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body ®movement and shall be joined together by double stitching with Nomex thread. _____Comply _____ExceptionDRAG RESCUE DEVICE (DRD) ®A Firefighter Drag Rescue Device shall be installed in each jacket. The ends of a 1.5 inch wide Kevlar strap will be sewntogether to form a continuous loop. The strap will be installed in the jacket between the liner system and outer shellsuch that when properly installed will loop around each arm. The strap will be accessed through a portal between theshoulders on the upper back where it is secured in place by a hook and loop strap. The access port will be covered byan outside flap with beveled corners designed to fit between the shoulder straps of an SCBA. The flap will have acompliant reflective patch sewn to the outside to clearly identify the feature as the DRD (Drag Rescue Device). _____Comply _____ExceptionLINER ACCESS OPENING (JACKET)The thermal liner and moisture barrier shall be completely removable from the jacket shell. Two strips of 5/8 inch wideflame resistant hook and loop fastener tape shall secure the thermal liner/moisture barrier to the outer shell along thelength of the neckline under the collar. This opening shall run the full length of the collar for the purpose of inspectingthe inner surfaces of the coat liner system. The remainder of the thermal liner/moisture barrier shall be secured with aminimum of four snap fasteners appropriately spaced on each jacket facing and four snap fasteners at each sleeve end.The outside perimeter of the AXTION liner moisture barrier and thermal liner layers shall be bound together along theside and bottom edges with a Bias-Cut Neoprene coated cotton/polyester binding for a finished appearance thatprevents fraying and wicking of contaminants. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 15
  • 45. AXTION SLEEVESThe sleeves shall be of two piece construction, having an upper and a lower sleeve. The sleeve seams shall be of adouble needle seam construction and shall be contoured to follow the natural flex of the arm at rest. Both the underand upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside ofeach sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shelland thermal liner. On the moisture barrier, the system will consist of two darts, rather than pleats, to allow addedlength in the undersleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrityThe pleats shall expand in response to upper arm movement, and shall fold in on themselves when the arms are atrest. This expansion shall allow for greater multi-directional mobility and flexibility in the shoulder and arm areas,with little restriction or coat rise. _____Comply _____ExceptionLINER ELBOW THERMAL ENHANCEMENTAn additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protectionat contact points and increased thermal insulation. The elbow thermal enhancement layers shall be sandwichedbetween the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal linerlayer only. _____Comply _____ExceptionSLEEVE CUFF REINFORCEMENTSThe sleeve cuffs shall be reinforced with grey suede leather.The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside andone half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be doublestitched to the sleeve end. _____Comply _____ExceptionWRISTLETS / ELASTICIZED ADJUSTABLE SLEEVE WELLS ®Each jacket shall be equipped with Nomex hand and wrist guards (over the hand) not less than 7 inches in length andof double thickness. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately1 inch from the leading edge.The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester moisturebarrier material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end andextending toward the cuff forming the sleeve well. The neoprene sleeve well shall form a cuff end that shall beelasticized providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves toprevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprenemoisture barrier material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inchesback, where it joins the sleeve well and is double stitched to the shell. Four Nomex snap tabs will be sewn into thejuncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted withfemale snap fasteners to accommodate corresponding male snaps in the liner sleeves. This configuration will ensurethere is no interruption in protection between the sleeve liner and wristlet. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 16
  • 46. COLLAR & FREE HANGING THROAT TABThe collar shall consist of a four-layer construction and be of two-piece design. The collar shall have a minimum of 3 rows ofquilting. The outer layers shall consist of outer shell material, with two-layers of specified moisture barrier sandwiched inbetween (see Moisture Barrier section). The rear inside ply of moisture barrier shall be sewn to the collar’s back layer of outershell at the edges only. The forward inside ply of moisture barrier shall be sewn to the inside of the collar at the edges only.The multi-layered configuration shall provide protection from water and other hazardous elements. The collar shall be of twopiece design with the left and right halves of all component materials joined in the center by stitching, thereby permitting thecollar to retain its proper shape and roll. The collar shall be minimum 3 1/2 inches high and graded to size. The leading edges ofthe collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area.The collar’s back layers of outer shell and moisture barrier shall be joined to the body panels with two rows of stitching. Insidethe collar, above the rear seam where it is joined to the shell shall be a strip of 5/8-inch wide FR hook fastener tape running thefull length of the collar. The collar’s front layers of moisture barrier and outer shell shall have an additional strip of 5/8 inchwide hook fastener tape stitched to the inside lower edge and running the full length of the collar. These two inside strips of5/8 inch wide FR hook fastener tape sewn to the underside of the collar shall engage corresponding pieces of flame resistantloop fastener tape at the front and back neck area of the liner system. A self material fabric hanger loop shall be sewn at thetop of collar.The throat tab shall be a scoop type design and constructed of two plies of outer shell material with two center plies ofmoisture barrier material. The throat tab shall measure not less than 4 inches wide at the center tapering to 2 inches at eachend with a total length of approximately 9 inches. The throat tab will be attached to the right side of the collar by a 1 inch wide ®by 1.5 inch long piece of Nomex twill webbing. The throat tab shall be secured in the closed and stowed position with flameresistant hook and loop fastener tape. The flame resistant hook and loop fastener tape shall be oriented to prevent exposure tothe environment when the throat tab is in the closed position. Two 1.5 inch by 3 inch pieces of FR loop fastener tape shall besewn vertically to the inside of each end of the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inchesby 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustmentwhen in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tabwhen not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tabimmediately under the 1.5 inch by 3 inch pieces of FR loop fastener tape. The collar closure strap shall fold in half for storagewith the FR loop fastener tape engaging the FR hook fastener tape. A hanger loop constructed of a double layer of outer shellmaterial shall be sewn to the top inside of the collar at the center. _____Comply _____ExceptionLINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENTAn additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front andshoulder area of the liner system. This thermal enhancement layer shall drape over the top of each shoulder extendingfrom the collar to the sleeve/shoulder seam, down the front approximately 5 inches and from the juncture of the collardown the back to a depth of 7 1/2 inches. The upper back, front and shoulder thermal enhancement layers shall besandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to thethermal liner layer only. _____Comply _____ExceptionAXTION BACKThe jackets shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to thatprovided by the AXTION sleeves. The outer shell shall have two inverted pleats (one each side) installed on either sideof the back body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down thesides of the jacket to the hem. Maximum expansion of the pleats shall occur at the shoulder area and taper toward thehem.RFB NO.: FD-01-11/Personal Protective Gear 17
  • 47. The thermal liner shall have a single inverted pleat located at the upper middle of the back, corresponding to the addedlength in the shell provided by the AXTION back pleats. It will be designed to expand with the outer shell pleats toprovide maximum expansion.The moisture barrier shall be designed with darts corresponding to the added length in the shell provided by theAXTION back pleats. The darts are positioned at the shoulder blades of the moisture barrier, outside of the SCBAstraps, and work together with the outer shell and the thermal liner pleats in the AXTION back providing maximumexpansion. _____Comply _____ExceptionJACKET FRONTThe jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in thefront closure area. The facings shall measure 2 1/2 inches wide, extend from collar to hem, and be double stitched tothe underside of the outer shell at the leading edges of the front body panels. A Breathable moisture barrier materialshall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the insideof the respective body panel. The breathable film side shall face inward to protect it. The thermal liner and moisturebarrier assembly shall be attached to the jacket facings by means of snap fasteners. _____Comply _____ExceptionSTORM FLAPA rectangular storm flap measuring 3 1/4 inches (6 inches for #7C) wide and 24 inches long shall be centered over theleft and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket.The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisturebarrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced atthe top and bottom with bartacks. _____Comply _____ExceptionSTORM FLAP AND JACKET FRONT CLOSURE SYSTEMThe jacket shall be closed by means of a 22 inch size #10 heavy duty high-temp polymer zippers on the jacket frontsand flame resistant hook and loop fastener tape on the storm flap. The teeth of the zipper shall be mounted on ®Nomex cloth and shall be sewn into the respective jacket facings. The storm flap shall close over the left and rightjacket body panels and shall be secured with flame resistant hook and loop fastener tape. A 1 1/2 inch by 24 inch pieceof FR loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows ofstitching. A corresponding 1 1/2 inch by 23 inch piece of FR hook fastener tape shall be sewn with four rows ofstitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed overthe front of the jacket. _____Comply _____ExceptionCARGO/HANDWARMER EXPANSION (BELLOWS) POCKETSEach jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket double stitched toit and shall be located such that the bottom of the pockets are at the bottom of the jacket for full functionality whenused with an SCBA. Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe.Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage ofwater. The lower half of the pocket shall be reinforced with an extra layer of outer shell material on the inside. Thepocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inchesRFB NO.: FD-01-11/Personal Protective Gear 18
  • 48. deeper than the pocket expansion and 1/2 inch wider than the pocket. The upper pocket corners and pocket flaps shallbe reinforced with bartacks. The pocket flaps shall be closed by means of flame resistant hook and loop fastener tape.Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap(one piece on each end). Two corresponding pieces of 1 1/2 inch by 3 inch FR loop fastener tape shall be installedhorizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hookfastener tape. (35” or longer) Retroreflective trim shall run over the bottom of the pockets so as not to interrupt thetrim stripe.Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This ®compartment will be accessed from the rear of the pocket and shall be lined with Nomex Fleece for warmth andcomfort. _____Comply _____Exception"SURVIVOR" FLASHLIGHT HOLDEREach jacket shall be equipped with a “Survivor” flashlight holder. An inward facing safety hook/coat snap shall be triple rivetedin a vertical position to the upper chest. The inward facing snap hook will accommodate the clip portion of the flashlight. Belowthe coat hook will be a strap constructed of outer shell material measuring approximately 2 ½ inches high and 9 inches wide,and will hold the barrel of the flashlight. The lower strap will be equipped with a 1 ½ inch by 2 ½ inch flame resistant hook andloop closure at the front of the strap to facilitate easy removal of the flashlight. There shall be approximately 3 inches betweenthe upper snap hook and lower strap. The "Survivor" flashlight holder shall be sewn to the jacket on the right chest. _____Comply _____ExceptionRADIO POCKETEach jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box type construction,double stitched to the coat, and shall have one drainage eyelet in the bottom of the pocket. The pocket flap shall beconstructed of two layers of outer shell material measuring approximately 5 inches deep and 1/4 inch wider than the pocket.The pocket flap shall be closed by means of flame resistant hook and loop fastener tape. A 1 1/2 inch by 3 inch piece of FR hookfastener tape shall be installed vertically on the inside of the pocket flap beginning at the center of the bottom of the flap. A 11/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top centerand positioned to engage the hook fastener tape. In addition, the entire inside of the pocket shall be lined with neoprenecoated cotton/polyester moisture barrier material to ensure that the radio is protected from the elements. The moisturebarrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection.The radio pocket shall measure approximately 2 inches deep by 4 inches wide by 7.5 inches high and shall be installed on theleft chest. _____Comply _____ExceptionMICROPHONE STRAPA strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the coat at the ends only.The microphone strap shall be mounted above the radio pocket and shall be constructed of double layer outer shellmaterial. _____Comply _____ExceptionRETROREFLECTIVE FLUORESCENT TRIMThe retroreflective fluorescent trim shall be lime/yellow Triple Trim (L/Y borders with silver center).RFB NO.: FD-01-11/Personal Protective Gear 19
  • 49. Each jacket shall have an adequate amount of retroreflective fluorescent trim affixed to the outside of the outer shellto meet the requirements of NFPA #1971 (2007 edition) and OSHA. The trim shall be in the following widths and shallbe NYC style; 3 inch wide stripes - around the bottom of the jacket within approximately 1 inch of the hem, around theback and chest area approximately 3 inches below the armpit, around each sleeve below the elbow, around eachsleeve above the elbow. _____Comply _____ExceptionREINFORCED TRIM STITCHING The trim stitching shall be reinforced with a strip of 3/32-inch wide flame resistant cording material. The cording shall be sewn to the top surface of the trim at the edges during installation of the retroreflective fluorescent trim on the garment. The cording provides a bed for the stitching and affords extra protection to the stitching from abrasion. This action will help to significantly reduce trim separation from the garment due to stitching failure from abrasion. _____Comply _____ExceptionLETTER PATCHSew-On Letter PatchLettering on Row F will be on a Sewn-on letter Patch. The sewn-on letter patch shall be constructed of a layer of outershell material. _____Comply _____ExceptionSIZINGThe jacket length shall be measured from the juncture of the collar and back panels to the hem of the jacket and beavailable in sizes of 29, 32 or 35 inches long.The jacket shall be available in male and female patterns in even size chest measurements of two inch increments, andshall range from a small size of 30 to a large size of 60. Generalized sizing, such as small, medium, large, etc., will not beconsidered acceptable. _____Comply _____Exception TROUSER CONSTRUCTIONBODYThe body of the shell shall be constructed of four separate body panels consisting of two front panels and two backpanels. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement, and shall ®be joined together by double stitching with Nomex thread. The body panels and seam lengths shall be graded to sizeto assure accurate fit in a broad range of sizes.The front body panels will be wider than the rear body panels to provide more fullness over the knee area. This isaccomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. Theslight taper will prevent premature wear of the side seams by pushing them back and away from the primary highabrasion areas encountered on the sides of the lower legs. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 20
  • 50. LINER ACCESS OPENING (TROUSER)The thermal liner and moisture barrier layers of the trouser liner system shall be constructed in such a way as to allowthe layers to separate for complete interior inspection, service and replacement. The thermal liner and moisture barrierlayers shall be stitched together at the front fly for security and prevention of inadvertent use of one layer without the ®other. The liner system shall have a reinforcement of black Nomex Twill sewn to the bottom of the fly opening.This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffingof the trousers.The liner system of the trouser shall incorporate an opening at the right side of the waist, a minimum of 11 inches, forthe purpose of inspecting the integrity of the trouser liner system. _____Comply _____ExceptionELASTICIZED WAISTBANDThe trouser design facilitates the transfer of the weight of the trouser to the hips instead of the shoulders andsuspenders. The two rear outer-shell body panels, beginning at the trouser side seams, shall incorporate anelasticized waistband. The rear elasticized waistband shall be integral to the shell of the pant and the elasticizedportion shall be covered in an aramid fabric.The waist area of the trousers shall incorporate an independent stretch waistband on the inside with a separatepiece of black aramid outer shell material cut on the bias (diagonally) measuring not less than two inches in width.Neoprene coated cotton/polyester shall be sewn to the back of the waistband as a reinforcement. The top edge ofthe waistband reinforcement shall be double stitched to the outer shell at the top of the trousers. The lower edgeof the waistband shall be serged and unattached to the shell to accept the thermal liner and moisture barrier. Thetop of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement soas to be sandwiched between the waistband reinforcement and outer shell to reduce the possibility of linerdetachment while donning and to avoid pass through of snaps from the outer shell to the inner liner. _____Comply _____ExceptionEXTERNAL / INTERNAL FLY FLAPThe trousers will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer ofmoisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel andshall measure approximately 2 ½ inches wide by 10 inches long and reinforced with bartacks at the base. An internalfly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuringapproximately 2 inches wide by 10 inches long, shall be sewn to the leading edge of the right front body panel. Theinside of the right front body panel shall be thermally enhanced directly under the outside fly with a layer of moisturebarrier and thermal liner material.The underside of the outside fly flap shall have a 1½ inch wide piece of loop fastener tape quadruple stitched alongthe full length and through the shell material only; stitching shall not penetrate the moisture barrier insert betweenthe two layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1½ inchwide by 9 inch long hook fastener tape shall be quadruple stitched to the outside right front body panel securing thefly in a closed position.Appropriate male and female snap fastener halves shall be installed at the leading edge of the waistband for thepurpose of further securing the trousers in the closed position. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 21
  • 51. BELT ®Each trouser shall include a 2" wide black Kevlar belt with an adjustable hi-temp thermoplastic buckle serving as theexterior primary positive locking closure. Sizing adjustments shall be provided by a self locking 2" thermoplasticbuckle; this buckle shall also provide a quick-release mechanism for donning and doffing. The belt shall be attachedto the two front body panels of the trouser beginning at the side seams. The belt shall run through tunnels ®constructed of black 7.5oz Nomex outer shell material protecting it from damage. The tunnels will begin at the sideseams and terminate at the front of the trouser exposing the buckle. A single belt loop constructed of a double layer ®of black 7.5oz Nomex measuring approximately ½ inch by 3 inches shall be attached to the topside of the right sidetunnel. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. _____Comply _____ExceptionPADDED RIP-CORD SUSPENDERS & ATTACHMENTOn the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There willbe four attachments total – 2 front, 2 back. The suspender attachments shall be constructed of a double layer of ®black Nomex measuring approximately ½ inch wide by 3-inches long. They shall be sewn in a horizontal positionon the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspenderends.A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the trousers. The main bodyof the suspenders shall be constructed of 2 inch wide black strap webbing. The suspenders shall run over each shoulderto a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal pieceof webbing measuring approximately 8-inches long, forming the “H”. This shall prevent the suspenders from slippingoff the shoulders. The shoulder area of the suspenders will be padded for comfort.The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately8-inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall beequipped with specially configured non-slip metal slides. Through the metal slides will be the 9 inch lengths of strapwebbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quickadjustment of the suspenders.Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be ® ®black Nomex suspender attachments incorporating two snap fasteners. The Nomex suspender attachments are to be ®threaded through the suspender attachment loops on the inside waistband of the trousers. The Nomex suspenderattachments will then fold over and attach to themselves securing the suspender to the trousers.Comply __________ExceptionAXTION SEATThe rise of the rear trouser center back seam, from the top back of the waistband to where it intersects the inside legseams at the crotch, shall exceed the rise at the front of the trouser by 8-inches. The longer rear center back seamprovides added fullness to the seat area for extreme mobility without restriction when stepping up or crouching andwill be graded to size. This feature in combination with other design elements will maintain alignment of the kneedirectly over the knee pads when kneeling and crawling. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 22
  • 52. EXPANSION (BELLOWS) POCKETSAn expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be doublestitched to the side of each leg straddling the outseam above the knee and positioned to provide accessibility. Thelower half of each expansion pocket shall be reinforced with an additional layer of outer shell material on theinside. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket tofacilitate drainage of water. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shellmaterial and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. Theupper pocket corners and pocket flaps shall be reinforced with bartacks. The pocket flaps shall be closed by meansof flame resistant hook and loop fastener tape. Two pieces of 1 1/2 inch by 3 inch FR hook fastener tape shall beinstalled vertically on the inside of each pocket flap (one piece on each end). Two corresponding pieces of 1 1/2inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (onepiece on each end) and positioned to engage the hook fastener tape. _____Comply _____ExceptionAXTION KNEEThe outer shell of the trouser legs shall be constructed with horizontal expansion pleats in the knee area withcorresponding darts in the liner to provide added fullness for increased freedom of movement and maximumflexibility. Two expansion pleats measuring approximately 1" deep, shall be installed along both the inseam andoutseam on each leg in the knee area. The pleats shall be folded to open outwardly towards the side seams toinsure no restriction of movement. The AXTION knee will be installed proportionate to the trouser inseam, in such amanner that it falls in an anatomically correct knee location.The liner system shall be constructed with four darts per leg in the front of the knee. Two will be located abovethe knee (one on each side) and two will be located below the knee (one on each side). Each dart will beapproximately 2 inches long. The darts in the liner provide a natural bend at the knee. The darts in the liner workin conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling,crawling, climbing stairs or ladders, etc. _____Comply _____ExceptionLINER KNEE THERMAL ENHANCEMENTAn additional layer of specified thermal liner and moisture barrier material will be sewn to the knee area of theliner system for added protection and increased thermal insulation at contact points. The knee thermalenhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner systemand shall be stitched to the thermal liner layer only. _____Comply _____Exception 1. KNEE REINFORCEMENTSThe knee area shall be reinforced with grey suede leather.The knee reinforcement shall be slightly offset to the outside of the leg to insure proper coverage when bending,kneeling and crawling. The knee reinforcements shall measure 10 inches wide by 12 inches high and shall bedouble stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. _____Comply _____ExceptionPADDING UNDER KNEE REINFORCEMENTSRFB NO.: FD-01-11/Personal Protective Gear 23
  • 53. Padding for the knees shall be accomplished with one layer of neoprene coated aramid batt and one layer ofquilted aramid batt. Both layers of aramid batt shall be sandwiched between the shell and the knee reinforcementlayers. The neoprene shall face outward. _____Comply _____ExceptionTROUSER CUFF REINFORCEMENTSThe cuff area of the trousers shall be reinforced with grey suede leather.The cuff reinforcement shall not be less than 2 inches in width (3 inches for self or DragonHide) and folded in half,approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. ®The cuff reinforcement shall be double stitched to the outer shell. Two Nomex snap tabs (one each side),measuring approximately 1 inch long shall be bartacked to the inside of each leg of the outer shell approximatelythree inches from the bottom of the trouser leg. A female half of the snap fastener shall be installed at the end ofeach tab and shall align with the male snap fastener halves installed at the bottom of the trouser thermalliner/moisture barrier. The tab mounted snap fasteners shall secure the trouser thermal liner/moisture barrier tothe outer shell within three inches of the cuff. _____Comply _____ExceptionREVERSE BOOT CUTThe outer shell trouser leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorterthan the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front tokeep the liner from hanging below the shell. This construction feature will minimize the chance of premature wearof the cuffs and injuries due to falls as a result of "walking" on the trouser cuffs. _____Comply _____ExceptionRETROREFLECTIVE FLUORESCENT TRIMThe trousers shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to complywith the requirements of NFPA #1971 (2007 revision) in 3 inch lime/yellow Triple Trim (L/Y borders with silvercenter). _____Comply _____ExceptionREINFORCED TRIM STITCHINGThe trim stitching shall be reinforced with a strip of 3/32 inch wide flame resistant cording material. The cordingshall be sewn to the top surface of the trim at the edges during installation of the retroreflective fluorescent trimon the garment. The cording provides a bed for the stitching and affords extra protection to the stitching fromabrasion. This action will help to significantly reduce trim separation from the garment due to stitching failurefrom abrasion. _____Comply _____ExceptionRFB NO.: FD-01-11/Personal Protective Gear 24
  • 54. SIZINGThe trousers shall be available in even size waist measurements of two inch increments and shall be available in arange of sizes from 24 to 56. The trouser inseam measurement shall be available in two inch increments.Generalized sizing, such as small, medium, large, etc., will not be considered acceptable. Sizing specifically forwomen shall also be available. _____Comply _____ExceptionTHIRD PARTY TESTING AND LISTING PROGRAMAll components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971(2007 revision) by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list compliance tothat standard. Such certification shall be denoted by the Underwriters Laboratories certification label. _____Comply _____ExceptionLABELSAppropriate warning label(s) shall be permanently affixed to each garment. Additionally, the label(s) shall includethe following information.Compliance to NFPA Standard #1971 - 2007 editionUnderwriters Laboratories classified markManufacturers nameManufacturers addressManufacturers garment identification numberDate of manufactureSizeFiber contents _____Comply _____ExceptionISO CERTIFICATION / REGISTRATIONThe protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactorylevel of quality. Indicate below whether the manufacturer is so certified and registered by checking either "Yes" or"No" in the space provided. _____Yes _____NoEXCEPTIONS TO SPECIFICATIONSAny and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions,if necessary.The Garments shall be manufactured in the United States.SizingShall be done using sizing sets and a tape measure. ___Comply ___ExceptionRFB NO.: FD-01-11/Personal Protective Gear 25
  • 55. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 26
  • 56. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-42196. BID FORMSRFB NO.: FD-01-11/Personal Protective Gear 27
  • 57. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 28
  • 58. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Disclosure of Certain Relationships NOTICE TO VENDORS Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or personconsidering doing business with a local governmental entity make certain disclosures concerning any affiliation or businessrelationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and theForm CIQ questionnaire that you must complete, if applicable, to comply with this new law, are available and explained in moredetail at the Texas Ethics Commission website at http://www.window.state.tx.us/procurement/prog/hub/ A current list of City of San Angelo and City of San Angelo Development Corporation officers is available in the officeof the City of San Angelo City Clerk, Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you areconsidering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have anaffiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records thadministrator (City Clerk) of the City of San Angelo not later than the 7 business day after the date you become aware of factsthat require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violatethis provision. By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation Request forProposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you arerepresenting that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Division Manager, PurchasingRFB NO.: FD-01-11/Personal Protective Gear 29
  • 59. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 30
  • 60. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQFor vendor or other person doing business with local governmental entity thThis questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular OFFICE USE ONLYSessionThis questionnaire is being filed in accordance with chapter 176 of the Local Government Code by Date Receiveda person doing business with the governmental entity.By law, this questionnaire must be filed with the records administrator of the local governmententity not later than the 7th business day after the date the person becomes aware of facts thatrequire the statement to be filed. See Section 176.006, Local Government Code.A person commits an offense if the person knowing violates Section 176.006, Local GovernmentCode. An offense under this section is a Class C misdemeanor.1. Name of person doing business with local governmental entity.2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the th 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)3. Name of local government officer with whom filer has affiliation or business relationship. _______________________________________________ Name of Officer This section, (item 3 including subparts A, B, C & D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more? Yes No D. Describe each employment of business relationship with the local government officer named in this section.4.___________________________________________________ __________________Signature of person doing business with the governmental entity Date
  • 61. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 32
  • 62. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Local Preference ConsiderationSection 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OFBUSINESS”:In accordance with Section 271.9051 of the Texas Local Government Code, if a local government receives one or morecompetitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five (5%)percent of the lowest bid price received from a bidder who is not a resident of the municipality, the municipality may enter intoa contract with (a) the lowest bidder or (b) the bidder whose principal place of business is in the municipality if the governingbody of the local government determines, in writing, that the local bidder offers the local government the best combination ofcontract price and additional economic development opportunities for the local government created by the contract award,including the employment of residents of the local government and increased tax revenues to the local government.Local Preference Consideration DOES NOT apply to Construction Projects, Telecommunication and Information Technology Bidsor any purchases $100,000.00 or greater.If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP – do not fill outthis form.This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limiting responses to thisrequest for bids/proposals to only those businesses located within the city limits. All bids/proposals are welcome.Bidders who wish to qualify under the local preferences law must have their principal place of business located within the SanAngelo city limits.If your principal place of business is within the San Angelo city limits and you want to apply for local preferenceconsideration, then you must: 1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.RFB NO.: FD-01-11/Personal Protective Gear 33
  • 63. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 34
  • 64. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Local Preference Consideration ApplicationBusiness Name:Physical Address:Mailing Address:City:Zip Code:Business Type: □ Corporation – Indicate state of incorporation □ Partnership – Indicate “general” or “limited” □ Sole proprietorshipBasis For Preference (Check applicable box(s) if physical location of business is not within the City Limits of the Cityof San Angelo. □ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses). □ The business is a sole proprietorship owned by a resident of the City of San Angelo (Attach name and address of owner).Attachments: Describe in writing, and attach supporting documentation, the additional economic developmentopportunities for the City of San Angelo that will be created if you are awarded this contract. Include the numberof City of San Angelo residents that you will employ to complete this contract and the increased tax revenues thatwill be generated for the City of San Angelo if you are awarded this contract.CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this formis true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the citywill provide, within 10 days of notice, the necessary documents to substantiate the information provided.Authorized Representative Signature:Printed Name: _________________________________________________________________Title: Date:RFB NO.: FD-01-11/Personal Protective Gear 35
  • 65. Intentionally Left BlankRFB NO.: FD-01-11/Personal Protective Gear 36
  • 66. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Debarment and Suspension Certification (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this proposal. Business Name ___________________________________________________________ By: ______________________________________Date Name and Title of Authorized Representative ______________________________________ Signature of Authorized RepresentativeRFB NO.: FD-01-11/Personal Protective Gear 37
  • 67. Instructions for Certification1. By signing and submitting this proposal, the prospective participant is providing the certification set out below.2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment And Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.RFB NO.: FD-01-11/Personal Protective Gear 38
  • 68. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902-1751 Tel: (325) 657-4219Bid SheetRFB No: FD-01-11/Personal Protective GearA. Refer to Instructions to Bidders before completing Bid Sheet.B. Price – Quote your best price F.O.B. destination, on each item.C. Delivery Date – Promised delivery times in Calendar Days after receipt of order.D. The bidder is responsible for calling the City to determine if any addendums have been issued and agrees that the prices(s) quoted reflect any changes or modifications created by any addendum(s).E. Complete the Local Preference form (If applicable).F. Complete the Suspension and Debarment form (REQUIRED).G. Complete the Specification Worksheet (REQUIRED)H. Attach Specification Data Sheet for each product being quoted (REQUIRED).I. Submit one (1) unbound original and one (1) complete copy of your bid (REQUIRED)Note: Should there be any differences between the unit price and the extended pricing calculations, the unit price will prevail. Personal Protective Gear Estimated Quantity Item Description Unit Price Extended Price Protective Jacket And Trousers-For Structural 1. Fire Fighting (Bunker Gear) $ 38 $ $ 2. Protective Trousers for Structural Fire Fighting $ 38 Total Bid Personal Protective Equipment - Quantity Order Discount Product Description & Quantity Order Sizes % Discount 1. % % 2. % 3. % 4. % 5.(continued on next page)RFB No.: FD-01-11/RFB Title 39
  • 69. 1. Delivery Date _________ (in calendar days) 2. Agree to Cooperative Participation for other government agencies? Yes: ____ No: _______ 3. Payment Discounts Terms _____ % if Paid in _______ days 4. Will you accept a City Purchasing Card (Mastercard or Visa) for payment? Yes: ____ No: _______ 5. Card Card Transactions are normally paid within 24-48 hours. Will you offer a payment discount if orders are paid using a credit card? Yes____ No: _____ a. If yes, how much of a discount for paying with a credit card? ______ % ###Authorized Signature/Contact Information Firm Name: Mailing Address: City, State Zip Code: Authorized Signature: Print Name: Date: Tax ID: Payment Terms: Telephone: FAX: Email:Bids which are not signed and dated or bids which do not comply with all of bid requirements herein, may be considered non-responsive and may be rejected.RFB NO.: FD-01-11/Personal Protective Gear 40
  • 70. City of San AngeloMemo Date: November 5, 2012 To: Mayor and Councilmembers From: Cindy M. Preas, Real Estate Administrator (657-4407) Subject: Agenda Item for December 18, 2012 Council Meeting Contact: Diana Farris, Property Specialist (657-4407) Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale (quitclaim) deed, sold under the Urban Redevelopment Program, conveying the following real property Tax Lot: 2325 Lille Street, (Feist), S 50’ of N 497.7’ of Block 8, Kirby Addition, $750, TAX- 89-0320-B Summary: The subject property was auctioned at Sheriff’s Sale conducted April 6, 1993. No offers were received causing subject property to be stuck-off to the City, as Trustee for itself and the other taxing entities. The attached Property Analysis reflects 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 Chapter 33, Tex. Property. History: The Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment. CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, Tom Green County, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998. Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll. Related Vision Item Neighborhood Vision – Attract reinvestment (if applicable): Other Information/ Staff recommends approval. Recommendation: Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map Adopted: 5/30/03 Revised: 6/21/10
  • 71. Presentation: N/APublication: N/AReviewed by Lysia H. Bowling, City AttorneyDirector:Approved by Legal:
  • 72. S 50 of the N 497.7 of Block 8, E.S. KirbyAddition2325 Lillie St 50 x 206Copyright 2011 Esri. All rights reserved. Mon Feb 13 2012 09:31:08 AM.
  • 73. PROPERTY ANALYSIS For Tax Resale Property:Legal Description: The South 50 feet of the North 497.7 feet of Block 8, E.S. Kirby Subdivision out of the F.E. Cramer Survey 320 and Edward Micheli Survey 319, as described in Volume 395, Page 301, Deed Records of Tom Green County, Texas.Improved or UnimprovedUnimproved:Tax Suit Number: TAX89-0320-BLocation: 2325 Lillie StreetSize/Dimensions: 50 x 206City of San Angelo vs. Cecil Green Acct. # UnknownTax ID Number: 15-30200-0008-013-00Judgment Date: October 14, 1992Date of Sheriffs Sale: April 6, 1993Sheriffs Deed May 5, 1993Recorded: Years Held in Trust 14 YRSAdjudge Value: $2,500.00 Purchased under Urban Redevlopment? YESAmount of Offer: $750.00 Amounts Due Priority % of Pro Rata Amounts Fees Priority Judgment Allocations Remainder Allocations Distributed JudgmentAdministration Fee $ 500.00 $ 500.00 0.00% $ 500.00Maintenance Fee $ 137.09 100.00% $ 137.09 $ 137.09District Clerk $ - $ - 0.00% $ -Sheriffs Fee $ - $ - 0.00% $ -Attorney Fee $ - $ - 0.00% $ -Municipal Liens $ 112.91 100.00% $ 112.91 $ 112.91Taxes $ - 0.00% $ - $ -Total $ 500.00 $ - $ 112.91 $ 500.00 200.00% $ 112.91 $ 750.00Actual Total Amt Due $ 612.91Amount Remaining $137.09 Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market valuespecified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.
  • 74. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED FOR THE PURPOSE OF URBAN REDEVELOPMENT, CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT WHEREAS, by Sheriff’s Sale conducted on April 6, 1993, the property described below wasstruck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosure decree ofthe 119th Judicial District, Tom Green County, Texas; and WHEREAS, the Congress of the United States of America has authorized under Title 1 of theHousing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.Sec 5301, as amended through the Housing and Community Development Act of 1992,establishes a program of community development block grants for the specific purpose ofdeveloping viable communities by providing decent housing and suitable living environmentsand expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, under the Tex. Tax Code §34.051, a municipality is authorized to resell taxforeclosed property for less than the market value specified in the judgment of foreclosure or lessthan the total amount of the judgments against the property if consent to the conveyance isevidenced by and Interlocal agreement between the municipality and each taxing unit that is aparty to the judgment; and WHEREAS, the CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in TomGreen County, TOM GREEN COUNTY, a political subdivision of the State of Texas, SANANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas,TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTYEDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17,1998; and WHEREAS, the City of San Angelo Family Support Division authorizing the sale of thesubject parcel described below and declares the agency mentioned below meet the specifiedcriteria outlined under the Urban Redevelopment Program; andWHEREAS, the sum of Seven Hundred Fifty Dollars ($750.00) has been offered by Bill Feist,LLC, a Texas Corporation, for the purchase of said property pursuant to Section 34.05, TexasTax Code Ann. (Vernon, 1982); and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale(quitclaim) Deed conveying to BILL FEIST LLC, a Texas Corporation and a qualified homebuilder, all of the right, title, and interest of the City of San Angelo, and all other taxing units
  • 75. interested in the tax foreclosure judgment in the following described real property located in SanAngelo, Tom Green County, Texas: The South 50 feet of the North 497.7 feet of Block 8, E.S. Kirby Subdivision out of the F.E. Cramer Survey 320 and Edward Micheli Survey 319, as described in Volume 395, Page 301, Deed Records of Tom Green County, Texas.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO _______________________________ Alvin New, MayorAttest:______________________________Alicia Ramirez, City ClerkApproved As to Content: Approved As to Form:______________________________ ______________________________Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
  • 76. TAX RESALE DEED WITHOUT WARRANTY (Sold Under Urban Redevelopment Program)STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS:COUNTY OF TOM GREEN § THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom GreenCounty, Texas, for the 119th Judicial District, in Cause No. TAX89-0320B in favor of City of San Angelo, etal., Plaintiff(s), against Cecil Green, et al., and any and all other persons, including adverse claimants,Defendant(s), on a certain judgment granted October 14, 1992, and directed and delivered to the Sheriff ofTom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) hereindescribed to satisfy said judgment, the same being for taxes, penalties, interest, and costs due on the hereinafterdescribed lands, together with interest thereon at the rate of ten percent per annum; WHEREAS, said Sheriff did, on the 16th day of March, 1993, levy upon and advertise said premisesas described in said Order of Sale and on the first Tuesday in April, 1993, between the hours prescribed by lawsold said hereinafter described property at public outcry in the County of Tom Green at the courthouse doorthereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for theuse and benefit of itself, Tom Green County, San Angelo Independent School District, and County EducationDistrict #9, the original deed evidencing said sale being dated 3rd day of May, 1993, and recorded in Volume363, Pages 590-591, in the Official Public Records of Real Property of Tom Green County, Texas; WHEREAS, said hereinafter described property is being sold for less than the adjudged value thereofor the amount of the judgments against said property recovered in the above numbered and entitled cause,whichever is lowest; and WHEREAS, the herein described property is being sold to be used for a purpose consistent with theCity of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resaleby Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement amongthe taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office ofthe City Clerk. Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor, CityManager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and inconsideration of the sum of Seven Hundred Fifty dollars ($750.00) cash to it in hand paid by Bill Feist, LLC, aTexas Corporation, receipt of which is hereby acknowledged, grants, sells, and conveys unto said Bill FeistLLC, a Texas Corporation, 1902 Country Club Estates Circle San Angelo, Tom Green County, Texas, itssuccessors and assigns with the restrictions and upon the conditions and covenants below stated, all the right,title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and tothe certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows: The South 50 feet of the North 497.7 feet of Block 8, E.S. Kirby Subdivision out of the F.E. Cramer Survey 320 and Edward Micheli Survey 319, as described in Volume 395, Page 301, Deed Records of Tom Green County, Texas. 15-30200-0008-013-00 TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges, andappurtenances thereto in any manner belonging unto said Bill Feist LLC, a Texas Corporation, its successors,and assigns forever, without express or implied warranty. All warranties which might arise by common law aswell as the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded. However,
  • 77. this conveyance is expressly made on the condition that the property be used only for providing housing forfamilies of low or moderate income, construction of such housing to be completed within three (3) years of thedate of this Deed, such condition to be binding upon and to be observed by Grantee, its successors, andassigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assignsshall have the right to terminate the estate granted herein and to re-enter and re-take said premises. Thisconveyance is also subject to the owner’s right to redeem same in the manner and within the time prescribed byV.T.C.A., Tax Code §34.21. This conveyance is made expressly subject to recorded restrictive covenants running with the land andvalid easements of record as of the date of this sale, if such covenants or easements were recorded prior toJanuary 1 of the year the tax lien(s) arose.WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to byAlicia Ramirez, City Clerk, this the _____ day of _______________, 2012. CITY OF SAN ANGELO The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment By: _____________________________ATTEST: Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New,Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, onbehalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in theabove instrument. __________________________________ Notary Public, State of TexasAfter recording return to:
  • 78. City of San AngeloMemo Date: November 28, 2012 To: Mayor and Councilmembers From: Ron Lewis, Construction and Facilities Maintenance Subject: Consent Agenda Item for December 18, 2012 Council Meeting Contact: Ron Lewis, 481.2773 Caption: Consent Consideration of approving an amendment to a contract between the City of San Angelo and Varsity Contractors for Janitorial Services, and authorizing the Mayor and/or City Manager to execute said contract amendment. The City of San Angelo entered into a contract for Janitorial Services with Varsity Contractors in April 2009. The initial term of the contract was for two years with Summary: an optional one year extension through April 2012. Staff desires to amend the contract providing for a month-to-month agreement not to exceed 4 months effective January 1, 2013. This amendment will allow staff time to complete new bid specifications since the move back to City Hall and the Community Development Building changed our needs. Staff is incorporating cost saving measures through utilizing staff to perform some of the tasks and purchasing paper goods and soap products through online BuyBoard services. We have been asked to include the newly renovated and opened Business Resource Center (BRC) to provide potential savings to the COSADC. Bids are expected to be received, evaluated and brought back to City Council for approval and award in late January or early February 2013. History: Building Maintenance and the Purchasing Department prepared RFB: PUR-04-09 for Janitorial Services for several City facilities. The City Council awarded the bid and original contract on April 21, 2009. Financial Impact: Various City Departments annually budget for these services. Related Vision Item (if applicable): Other Information/ Staff recommends approval to amend the contract with Varsity Contractors for up Recommendation: to an additional one hundred twenty (120) days. Attachments: Resolution and Amendment 3 Presentation: NA Publication: NA Reviewed by Rick Weise, Assistant City Manager XXX, 2012 Director: Approved by Legal: x-2012
  • 79. THIRD AMENDMENT TO JANITORIAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND VARSITY CONTRACTORS WHEREAS, the City of San Angelo, Texas (“City”) and Varsity Contractors, Inc., dbaVarsity Contractors (“Contractor”) have previously executed a Janitorial Service Agreement,effective on April 21, 2009 (“Agreement”); and, WHEREAS, City and Contractor entered into a First Amendment of said Agreementextending the initial term through April 30, 2012, and providing for an option to extend for anadditional six months, which option was exercised with expiration of the extended termoccurring October 31, 2012; and, WHEREAS, the City and Contractor entered into a Second Amendment of saidAgreement extending the term of the Agreement, as amended by the First Amendment, throughDecember 31, 2012, for continued janitorial services maintained according to specifications forcertain sites and to adjust the payment due contractor for the janitorial services at those sites; and WHEREAS, the parties would like to extend the Agreement, as amended by First andSecond Amendments, through April 30, 2013, terminable by City on thirty day written notice toContractor; NOW, THEREFORE, in consideration of the mutual promises contained herein, City andContractor agree as follows: 1 This Third Amendment to Janitorial Services Agreement shall become effective from and after January 1, 2013. 2 Section 2. “Term” of the Janitorial Services Agreement, as amended, is extended through April 30, 2013, subject to earlier termination at the option of City, exercised by City giving Contractor a thirty (30) day written notice of termination. 1
  • 80. 3 All provisions of the Janitorial Service Agreement, as amended by the First Amendment and Second Amendment, not amended by this Third Amendment shall remain in full force and effect for the extended term set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment toJanitorial Service Agreement to be executed in duplicate. CITY OF SAN ANGELOATTEST: By : Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager VARSITY CONTRACTORS, INC.ATTEST: BY:BY: ITS:ITS:APPROVED AS TO CONTENT APPROVED AS TO FORM______________________________ __________________________________Ron Lewis, Facilities/Maintenance Dan T. Saluri, Sr. Assistant. City AttorneyManager 2
  • 81. A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A THIRD AMENDMENT TO JANITORIAL SERVICE AGREEMENT WITH VARSITY CONTRACTORS, INC. EXTENDING THE TERM OF THE AGREEMENT THROUGH APRIL 30, 2013, AND PROVIDING FOR EARLIER TERMINATION ON THIRTY DAY WRITTEN NOTICE BY CITY TO CONTRACTOR WHEREAS, the City of San Angelo, Texas (“City”) and Varsity Contractors, Inc. dba VarsityContractors (“Contractor”) have previously executed a Janitorial Service Agreement, effective on April 21,2009 (“Agreement”); and, WHEREAS, City and Contractor entered into a First Amendment of said Janitorial ServicesAgreement extending the initial term through April 30, 2012, and providing for an option to extend for anadditional six months, which option was exercised with expiration of the extended term occurring October 31,2012 ; and, WHEREAS, the City and Contractor entered into a Second Amendment of said Janitorial ServicesAgreement extending the term of the Agreement, as amended by the First Amendment, through December 31,2012, for continued janitorial services maintained according to specifications for certain sites and to adjust thepayment due contractor for the janitorial services at those sites; and, WHEREAS, the City would like to extend the term of the Agreement, as amended, through April 20,2013, terminable by the City on thirty day written notice to Contractor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO,TEXAS THAT: The City Manager or his designee is hereby authorized to execute on behalf of the City of SanAngelo, Texas, a Third Amendment to Janitorial Service Agreement with Varsity Contractors, Inc.,d/b/a/Varsity Contractors, extending the term of the Agreement, as previously amended, through April 30,2013; and, providing for earlier termination on thirty day written notice given by City to Contractor. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk Page 1 of 2
  • 82. APPROVED AS TO CONTENT APPROVED AS TO FORMRon Lewis, Construction and Facilities Lysia H. Bowling, City AttorneyMaintenance Manager Page 2 of 2
  • 83. City of San AngeloMemo Date: December 18, 2012 To: Mayor and Council members From: Michael Dane, Assistant City Manager/Chief Financial Officer Subject: Agenda Item for December 18, 2012 Council Meeting Contact: Michael Dane, City Manager’s Office, 1070 Caption: Consent Agenda Consideration of adopting a resolution approving an assignment of the December 4, 2012 Lease of the West Mezzanine in the City Hall Building for office space between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC), said Assignment executed by SAPAC as Assignor and the San Angelo Symphony Society (Symphony) as Assignee; and authorizing the City Manage or his designee to execute a consent to said Assignment on behalf of the City Summary: Pursuant to provisions of the Lease with SAPAC, Tenant, may assign the Lease to one of its entity members on condition that: (a) SAPAC shall remain fully obligated as a party under the DEVELOPMENT AND OPERATING AGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (Authorized by Council Resolution adopted March 6, 2012.); and (b) the Assignee (San Angelo Symphony Society) assumes all of the obligations and duties of SAPAC as Tenant under the Lease Agreement. The San Angelo Symphony Society (Symphony) is a member entity of SAPAC. History: On March 6, 2012, Council authorized execution of a Development and Operating Agreement For Performing Arts Campus between the City and SAPAC relating to creation of the Performing Arts Center and Campus which will include the City Auditorium located in the historic City Hall Building (“City Hall”); providing for management services by SAPAC; providing for the lease of office space to SAPAC within the City Hall building; and providing for funding responsibilities. On December 4, 2012, Council adopted a resolution authorizing the execution of an Office Lease Agreement between the City and SAPAC of the West Mezzanine of the City Hall Building. The Lease Agreement provides for assignment of the Lease by SAPAC to one of its member entities on condition that SAPAC remain fully obligated as a party under the Development and Operating Agreement, and that the Assignee (Symphony) assumes all of the obligations and duties of SAPAC as Tenant under the Lease Agreement. Financial Impact: There will be no financial impact. SAPAC remains obligated as a party under the Development and Operating Agreement, and as guarantor of performance under the Assignment of Office Lease Agreement.
  • 84. Related Vision Item N/A(if applicable):Other Information/ Staff recommends adoption of a resolution approving the assignment of OfficeRecommendation: Lease Agreement from SAPAC to Symphony, and authorizing the City Manager to execute consent to the Assignment on behalf of the City.Attachments: Attached is a Resolution for adoption by City Council along with the “Assignment of Office Lease Agreement and Consent to Assignment”.Presentation: N/APublication: N/AReviewed by Michael Dane, Assistant City ManagerDirector: City Manager’s Office; December 11, 2012Approved by Legal: Date of Approval December 12, 2012.
  • 85. A RESOLUTION OF THE CITY OF SAN ANGELO APPROVING AN ASSIGNMENT OF THE DECEMBER 4, 2012 LEASE OF THE WEST MEZZANINE IN THE CITY HALL BUILDING FOR OFFICE SPACE BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC), SAID ASSIGNMENT EXECUTED BY SAPAC AS ASSIGNOR AND THE SAN ANGELO SYMPHONY SOCIETY (SYMPHONY) AS ASSIGNEE; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONSENT TO SAID ASSIGNMENT ON BEHALF OF THE CITY WHEREAS, on March 6, 2012, the City Council adopted a resolution authorizing theInterim City Manager or his designee to negotiate and execute a Development and OperatingAgreement For Performing Arts Campus By and Between the City of San Angelo and the SanAngelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Centerand Campus which will include the City Auditorium located in the historic City Hall building(“City Hall”); providing for management services by SAPAC; providing for the use of officespace by SAPAC within the City Hall building; and providing for funding responsibilities; and, WHEREAS, pursuant to said Development and Operating Agreement, and as part of theconsideration therefore, the City entered into an Office Lease Agreement with SAPAC as Tenantfor office space on the West Mezzanine of City Hall (hereinafter “Lease”); and, WHEREAS, the Lease provides that Tenant may assign the Lease to one or more of itsmember entities upon meeting certain conditions, and that SAPAC shall remain solely obligatedunder the Development and Operating Agreement; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: The Assignment by San Angelo Performing Arts Coalition (SAPAC) of the December 4,2012 Office Lease Agreement between City and San Angelo Performing Arts Coalition(SAPAC) to the San Angelo Symphony Society (Symphony) is hereby approved; and the CityManager or his designee is hereby authorized to execute a consent to such Assignment and anyrelated and necessary documents behalf of the City of San Angelo, Texas. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 86. APPROVED AS TO CONTENT APPROVED AS TO FORMMichael Dane, Asst. City Manager Lysia H. Bowling, City Attorney
  • 87. ASSIGNMENT OF OFFICE LEASE AGREEMENT AND CONSENT TO ASSIGNMENT This Assignment of Lease Agreement (“Assignment”) is entered into between SANANGELO PERFORMING ARTS COALITION (“SAPAC” or “Assignor”) and SAN ANGELOSYMPHONY SOCIETY (“Symphony” or “Assignee”), each of which is a Texas nonprofitcorporation, with the consent of the CITY OF SAN ANGELO, a Texas Home Rule municipalcorporation (“Landlord” or “City”). WHEREAS, SAPAC has entered into two agreements with the City: (a) A “Development and Operating Agreement for Performing Arts Campus By and Between The City Of San Angelo and the San Angelo Performing Arts Coalition” dated October 16, 2012 (the “Operating Agreement”), and, (b) An “Office Lease Agreement” effective December 4, 2012 (the “Lease”), under which SAPAC leases the open, west mezzanine of the San Angelo City Hall Building, as described on the attached Exhibit “A”, made a part hereof for all purposes; and, WHEREAS, Symphony is a member entity of SAPAC; and, WHEREAS, Symphony and SAPAC desire for SAPAC to assign the Lease to Symphonyon terms and conditions stated, and City desires to consent to the assignment; NOW THEREFORE, in consideration of the mutual covenants, terms andconditions contained herein, and other good and valuable consideration, the receipt andsufficiency of which is hereby acknowledged by each of the parties, it is agreed as follows: 1. This Assignment of Lease Agreement shall be effective from and after December 18, 2012. 2. Symphony, Assignee, assumes the performance of all of the obligations of Tenant under the Lease, arising or accruing from and after the effective date hereof until expiration or earlier termination of the Lease, and agrees to pay all of the amounts due there under and perform all obligations of the Tenant there under, except: a) Symphony does not assume the obligations of SAPAC under the Operating Agreement, the performance of which is made a part of the obligation of Tenant Assignment of Lease Agreement, SAPAC/San Angelo Symphony Society, Page 1 of 4
  • 88. under the Lease, Part II. A (9). SAPAC, remains solely responsible for the performance of its obligations under Part II, A (9) of the Lease, and under the Operating Agreement, the terms and conditions of which shall remain in full force and effect, and are not amended by this Assignment. b) Symphony does not assume the obligation of SAPAC under the Lease, Part II, E. 3., entitled Tenant Annual Report Regarding Management of Auditorium, which obligation shall remain the sole obligation of SAPAC under the Lease and Operating Agreement. Notwithstanding, the Symphony will assist SAPAC in fulfilling the reporting requirement for information requested related only to the Symphony. c) Should SAPAC default under the Operating Agreement or under the Lease with respect to SAPAC’s obligations under the Lease not assigned to Symphony, City shall have the right to terminate the Lease upon thirty (30) days written notice of termination to SAPAC and Symphony.3. Symphony, Assignee, shall, as of the effective date of this Assignment, enjoy all rights and privileges and be responsible for satisfying all of such obligations assumed by Assignee, the same as if the Lease had originally been executed between Landlord and Assignee. Provided however, that SAPAC, Assignor, shall remain obligated in the capacity of guarantor of those obligations under the Lease that are assigned by SAPAC and assumed by Symphony under this Assignment.4. Pursuant to authorizing resolution properly adopted by the City Council for the City of San Angelo, Texas, City hereby consents to this Assignment by SAPAC to Symphony, on conditions stated herein. City specifically does not consent to any other assignment of the Lease, and does not waive any of its rights there under, except as specifically provided herein. This Assignment shall not be construed in any manner whatsoever that would indicate that the original terms and provisions of the Lease have been modified, amended, or changed in any way by the execution of this Assignment of Lease Agreement and Consent to Assignment.5. Any notice required or permitted under this Assignment or the Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission or other commercially reasonable means and will Assignment of Lease Agreement, SAPAC/San Angelo Symphony Society, Page 2 of 4
  • 89. be effective when actually received. Any address for notice may be changed by writtennotice delivered as provided herein. SAN ANGELO PERFORMING ARTS COALITION Board President: Susan Brooks c/o 2201 Sherwood Way, Suite 205 San Angelo, Texas 76901 CITY OF SAN ANGELO Attention: City Manager 72 W.College San Angelo, Texas 76903 With a copy to: City Attorney’s Office 72 W.College San Angelo, Texas 76903 SAN ANGELO SYMPHONY SOCIETY Attention: Executive Director P.O. Box 5922 San Angelo, Texas 76902-5922 Assignment of Lease Agreement, SAPAC/San Angelo Symphony Society, Page 3 of 4
  • 90. 6. This Assignment may be signed in multiple counterparts, each of which will be deemed an original.SAN ANGELO PERFORMING ARTS SAN ANGELO SYMPHONY SOCIETYCOALITIONBy: ________________________________ By: ______________________________ Its President Its PresidentPrint Name: Print Name:Date: Date:CITY OF SAN ANGELOBy: ________________________________ Attest: _____________________________ Daniel Valenzuela, City Manager Alicia Ramirez, City Secretary Date:APPROVED AS TO CONTENT: APPROVED AS TO FORM:Michael Dane, Assistant City Manager Dan T. Saluri, Sr. Asst. City Attorney Assignment of Lease Agreement, SAPAC/San Angelo Symphony Society, Page 4 of 4
  • 91. MEMORANDUMDate: December 6, 2012To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 12-18-2012 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 NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED DOCUMENTS WITH SKYLINE AVIATION, INC. FOR PROPERTY LOCATED AT THE SAN ANGELO REGIONAL AIRPORT.History: Skyline Aviation, Inc., a Texas corporation, entered into an Airport Lease and License Agreement with the City of San Angelo effective March 5, 2001, and extended by mutual agreements through October 31, 2012.Summary: Staff has worked with Skyline Aviation, Inc. on a new FBO Lease and License Agreement. The proposed lease is for a 1.657 acre tract of land (approximately 72,163 square feet.) Skyline Aviation, Inc. desires to engage in an aeronautical business which may consist of aeronautical service: including the sales, service and rental of aircraft and aircraft engines, parts, radios, equipment, fuel propellants and lubricants; sales demonstrations of aircraft and aircraft accessories, conduct of aircraft charter and local flight service, flight instruction, flying school operations and any other activities reasonably incidental to a flying service. The lease will be for a five-year term with three additional five-year renewal options for a total of twenty years. All of the terms comply with the approved Rates and Charges.Financial Impact: Rental fee of $2,122.40 per month will result in $25,468.85 annual revenue. The lease and rates conforms to the approved Schedule of Rates and Charges.Related Vision Item: N/AOther Information/Recommendation: Staff recommends approval.Attachments: Skyline Aviation, Inc. lease and ResolutionPresentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-06-2012
  • 92. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITH SKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGAR ROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT) WHEREAS the City of San Angelo (“City”) is owner the hangar located at 8926 HangarRoad, San Angelo Regional Airport – Mathis Field (Airport), located in Tom Green County, Texas; and, WHEREAS City presently leases the hangar located at 8926 Hangar Road, Mathis Field(Premises), to Skyline Aviation, Inc. (Skyline) for operation of a fixed base aviation business, which leaseterm expired October 31, 2012, and the lease continues in effect on a month to month bases pursuant toholdover provision; and WHEREAS City and Skyline desire to enter into a new “Airport Property Lease and LicenseAgreement” to continue Skyline’s occupancy of the hanger and a reduced land area of the Premises for afive year term beginning January 1, 2013, and providing for an option in Skyline to extend the Lease forup to three additional five year terms; and, WHEREAS, City shall reserve an option to terminate the Lease as to a portion of the land area ofthe Premises as may become necessary for access and development of the premises and adjoining landarea; and, WHEREAS, City deems it advantageous to authorize the Interim City Manager or his designee toexecute the Airport Property Lease and License Agreement with Skyline Aviation, Inc. for lease of thePremises and hangar; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute an Airport Property Lease andLicense Agreement with Skyline Aviation, Inc. of the hangar and subject Premises located at 8926Hangar Road, San Angelo Regional Airport—Mathis Field, Tom Green County Texas, for operation of afixed base aviation business, said lease to be for a term of five years effective from January 1, 2013, withTenant to have the option to extend the Lease term for up to three additional five year terms; and toinclude an option to City to terminate the Lease as to a portion of the leased Premises that may becomenecessary for future access and development of the premises and adjoin land area. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 93. APPROVED AS TO CONTENT APPROVED AS TO FORMLuis Elguezabal, Director of Airport Lysia H. Bowling, City Attorney
  • 94. City of San AngeloMemo Meeting Date: December 4, 2012 To: City Council members From: Kevin Boyd, Planner Subject: Z 12-13: Creed Partners, LLC., a request of a Zone change from Light Manufacturing (ML) to General Commercial (CG) to allow for "Retail Sales and Service" on the following property: Location: 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641. Purpose: Approval or modification of this request by the Planning Commission would forward the recommendation to City Council for a final decision on the matter. Contacts: Creed Partners, LLC. 210-621-3288 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-13: Creed Partners, LLC. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property
  • 95. occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641, changing the zoning classification from Light Manufacturing (ML) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Recommend approving the proposed Zone change as requested; or (2) Recommend modifying the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed Zone change. Recommendation: City staff recommends approving the proposed Zone change. On November 19, 2012, the Planning Commission recommended approving this request by an unanimous vote of 6-0.History and Background: General Information Existing Zoning: Light Manufacturing (ML) Existing Land Use: Vacant Golden Corral restaurant, commercial parking and partially open lot Surrounding Zoning/Land Use: North: General Commercial (CG) Rosas Cafe (under construction) West: Light Manufacturing (ML) Citibank, Taco Bell, Advance Eye Care, General Builders Supply Inc., Alexander Construction Co. and vacant lot South: Light Manufacturing (ML) A-1 Distribution Inc. / Budweiser East: Light Manufacturing (ML) Toyota Dealership and Angelo Place student housing
  • 96. Thoroughfares/Streets: Knickerbocker Road and S Jackson Street are defined as an "arterial streets," which are designed to connect collector streets to freeways and carry large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.Zoning History: In 1949, the property was annexed into the city. As far back as 1964, the property has been zoned Light Manufacturing (M-1), an equivalent to the current zoning. On Tuesday, August 9, 1994, the City Council voted to approve a sign variance request to allow for two freestanding signs for the Golden Corral restaurant, on the property.Applicable Regulations: Refer to off-street parking standards, per Section 511.Development Standards: General Commercial (CG) requires a 25 feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502. The maximum floor area or gross floor area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502.Vision Plan Map: CommercialRelated Comp PlanExcerpts: "...incentivize new retail in infill locations within a defined framework." Create new physical connections to neighborhoods lined with transitional and intermediate uses."
  • 97. Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods." Special Information Traffic Concerns: Changing the zoning to commercial will increase the volume of traffic than if the property remained as-is. Parking Requirements: Varies depending on the use or occupancy category, per Section 511. Parking Provided: More than 100 paved parking spaces exist on the property. Density: Surrounding uses are predominately medium density commercial and residential. The plan complies with the Vision Plan, which calls for a continuation of the future development of this area as a “Commercial." Notification Required: Yes Notifications Sent: 6 Responses in Favor: 1 Responses in Opposition: 1Analysis: In order to approve this Zone change request, the Planning Commission members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
  • 98. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the statements listed below.In considering the nature of this request, staff believes that a Zone change toGeneral Commercial (CG) is compatible with the surrounding area and will be anice transition relative to the current zoning. The request is consistent withaspects of the Vision Plan which calls for ‘Commercial’ in the area which seeks tocluster single-use centers to include retail and similar uses. This zoning changewould encourage redevelopment and provide opportunities for commercialdevelopment that would be compatible with surrounding uses, considering thefactors outlined below.The nature of this request, a Zone change to General Commercial (CG) for “retailsales and service”, would allow for a wide variety of uses – branch banks,restaurants, cafes, health clubs, gyms, dance halls, theaters and hotels. Whilethe zoning to the west, east, and south is zoned for Light Manufacturing (ML),many of the uses are commercial in nature. Staff has recommended a Zonechange given the inappropriateness of ML zoning for the intended use. In thepast, the area was zoned ML as the intended use since city leaders envisionedthe area to be a industrial hub, given its proximity of the rail lines and currentdevelopment patterns at that time. More recently, conditional uses have beenapproved for nearby properties to allow for retail sales and services (CU03-04)and multi-family residential buildings (CU06-03), in a ML zone, just to name afew. Staff recommends a Zone change process over the Conditional Use processto better support the known vision of this area, rather than repeated requests foraugmentation over time.“Retail sales and service” is compatible with surrounding uses in the area.Knickerbocker Road is an established commercial corridor as uses varies fromlight-to-medium-density commercial and multi-family residential. Surrounding
  • 99. uses include restaurants, a bank branch, construction and supply shop, a beerdistribution plant, a car dealership and student apartments. Angelo StateUniversitys recreational facilities, including the Junell Center / Stephens Arena,are located a block north of the subject property.The property is zoned for Light Manufacturing (ML) located in a commercialcorridor. ML zoning does not allow for retail sales and service by right, nor does itfollow the directed vision for this area. A transition to commercial zoning is moreappropriate given that there are similar uses and the fact that this segment ofKnickerbocker Road is an established corridor. While Neighborhood Commercial(CN) supports Retail Sales and Service, it is not a viable option with this request.CN zoning is less intensive and places limitations in the Maximum Floor AreaRatio, which is 60 percent, and maximum height of 35 feet.Some aspects of the natural environment will be affected if the Zone changeresults in future development of the property. Given the nature of allowed uses inthe proposed zoning, staff believes that the small scale of the site will havelimited affects on water and air quality. Much of the noise generated from the siteis likely to come from vehicular traffic. The open space portion of lot which isovergrown with grass and wild shrubs, may be removed in the eventdevelopment does occur on the site - there are also a few sparsely placed treesand bushes. Since the area around the site is mostly developed, there are nomajor issues regarding wildlife, or any type of wetlands.This plan serves a community need in that it seeks to provide development thatis consistent with the development patterns and aspects of the Vision Plan. Thezone change to CG supports the type and scale of uses that exist nearby. CreedPartners, LLC., the proponent and owners of the property, initiated the Zonechange request and have plans to construct a new restaurant, some retail space,and a hotel. It is located in an area in which infill development is desired andneeded, especially in this case, where the lot fell into disuse and has become ablighted area of the corridor. The lot has stood vacant ever since the GoldenCorral closed its doors back 2009, and roughly a third of the property remainsopen space. While the mere presence of a vacant lot is not on its own enough tojustify a zone change, the fact that the zone change has been upheld asappropriate by the Vision Plan map, the infrastructure in place, the logical andorderly development, and the transportation network - paired with this fact - canjustify the proposal.Regarding parking: in order to receive a Certificate of Occupancy for a newbusiness, an applicant must provide adequate off-street parking, based on theoccupancy category or use, per Section 511. The off-street parking mentioned inthe section represents the minimum parking standards. While staff found that thesite has over a hundred parking spaces, given some uncertainties in the futuredevelopment, an assessment of the required parking cannot be fully determined -this will become a function of the site plan review process.
  • 100. The request is consistent with current developmental patterns and echoes theVision Plan which calls for the property to be designated as “Commercial”.Ideally, given the nature of its location, this area is ideal for this type ofdevelopment as it serves as a node for two arterial streets. It is adjacent to acorner lot at the intersection of Knickerbocker Road and S Jackson Street.Current developmental trends, echoed by the Comprehensive Plan, denote thatthe area be dedicated for commercial use. Staff feels that a Zone change toGeneral Commercial (CG) would be an appropriate zone type as commercialactivity becomes more established along the corridor.Proposed Conditions N/AAttachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt from zoning map, highlighting subject property; and Aerial photo, highlighting subject property. Draft minutes from November 19, 2012 Planning Commission; Citizen responses; and Draft ordinance.Presentation: Kevin Boyd, PlannerReviewed by: AJ Fawver, AICP, Planning Manager (11/14/2012)
  • 101. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641, changing the zoning classification from Light Manufacturing (ML) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-13: Creed Partners, LLC. WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 1601Knickerbocker Road, approximately 230 feet from the intersection of KnickerbockerRoad and South Jackson Street, in southwestern San Angelo. This property occupies4.086 acres of the MC Neese Survey 0176.25 abstract 1641 shall henceforth bepermanently zoned as follows: General Commercial (CG) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 102. SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 4th day of December, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of December, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 103. City of San AngeloMemo Meeting Date: December 4, 2012 To: City Council members From: Kevin Boyd, Planner Subject: Z 12-14: Basil El-Masri, a request of a zone change from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG), on the following property: Location: 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo. Purpose: Approval or modification of this request by the Planning Commission would forward the recommendation to City Council for a final decision on the matter. Contacts: Basil El-Masri, Owner 325-895-2426 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-14: Basil El-Masri AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35
  • 104. acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo, changing the zoning classification from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change. Recommendation: City staff recommends approving the proposed zone change. On November 19, 2012, the Planning Commission recommended approving this request by an unanimous vote of 6-0.History and Background: The request for a zone change was initiated partly due to a pending code violation relating to the use of the property. While mostly open, and free of any permanent structures, a portion of the lot is occupied by recreational vehicles or RVs, identified as ‘Wholesale Trade’ in Section 310 in the Ordinance. In order to rectify the issue, the owner applied for a Conditional Use that would give an exception for the existing use and also filed an application to rezone the lot to a single district for greater flexibilities in expanding the use in the future. To be clear, the amount of outdoor storage and display allowed presently for the CG-zoned portion of the tract is .32 acres, or 10% of the size of that tract. The R&E-zoned portion does not allow outside storage under any circumstances. If the zone change request to zone the remainder of the lot as CG is approved, it will allow for 10% of the size of the tract, or .435 acres, to be utilized for outdoor storage. This results in a net increase in the allowed outdoor storage of .115 acres, or 5,009 square feet. However, Section 504.D states that "Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this section." RVs are considered vehicles because they are used in this way: "by which any person or property is or may be transported or drawn upon a thoroughfare, except devices moved by human
  • 105. power or used exclusively upon stationary tracks or rails" as explained in SanAngelos traffic section of the Code of Ordinances. In the future, however,merchandise and materials not counted as a vehicle, that is not garbage, and isnot enclosed would be required to fall within this 10% figure.General Information Existing Zoning: General Commercial (CG) and Ranch & Estate (R&E) Existing Land Use: Mostly vacant commercial lot Surrounding Zoning/Land Use: North: Ranch & Estate (R&E) Vacant residential lot West: General Commercial (CG) Stripes gas station, Rays Transfer & Storage, Cross Texas Supply South: General Commercial (CG) Brannon Nursery & Landscape, Hurt Ink Tattoo, Christian Church of San Angelo East: Ranch & Estate (R&E) Residential dwelling Thoroughfares/Streets: S Bryant Blvd is defined as an "arterial street," which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets. Zoning History: In 1949, the property was annexed into the city. In 1964, the property was zoned Ranch & Estate (R&E), in 1987, property was zoned a combination of General Commercial (CG) and Ranch & Estate (R&E), the same zoning that is in place today. Applicable Regulations: Construction or installation of any principal building on a lot requires at least 2 off- street parking spaces. Development Standards: General Commercial (CG) requires a 25 feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where
  • 106. a minimum of 10 feet is required, per Section 502. The maximum floor area or gross floor area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502.Vision Plan Map: CommercialRelated Comp PlanExcerpts: “Promote better transition between nearby commercial and residential use of land and buildings.” "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods." “Establish transition areas between commercial areas and nearby neighborhoods.” "Create new physical connections to neighborhoods lined with transitional and intermediate uses."Special InformationTraffic Concerns: Changing the zoning to commercial will increase the volume of traffic than if the property remained as-is. Since the much of the lot is already commercially zoned, traffic increases will be a minimum.Parking Requirements: N/AParking Provided: Currently, the property does not have off- street parking.Density: Surrounding uses are predominately low- to-medium density commercial and residential. The plan complies with the Vision Plan, which calls for a continuation of the future development of this area as a “Commercial."Notification Required: Yes
  • 107. Notifications Sent: 9 Responses in Favor: 0 Responses in Opposition: 1Analysis: In order to approve this zone change request, the Planning Commission members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. The subject property lies within two districts. While much of the lot is zoned General Commercial (CG), less than a third is zoned Ranch & Estate (R&E), as shown in the zoning map attached to this report. The Vision Plan identifies long- range prospects for the subject property to be ‘Commercial’ in use, which
  • 108. consists of single-use centers – large retail and office clusters, for example – thatseek visibility and convenient access to the street. Rezoning the portion of the lotzoned R&E to CG is consistent with the overall intent of the vision and matchesthe CG zoning that already exists. Both the Comprehensive Plan from 2003 andgeneral planning principles argue against maintaining a variety of different zoningdistricts for a singular platted parcel. This practice works against the orderlydevelopment called for in the Zoning Ordinance, and it creates difficulty indevelopment as each zoning district carries with it distinct requirements. Theproperty owner recognizes the advantage in this lot maintaining one zoningdistrict, especially for future development along such a major traffic carrier for thecity. As such, this request is compatible with existing plans and policies.Planning staff believes that CG is the most appropriate zoning for the area.Although there is more intensive commercial zoning in the area-CG/CH-it is azoning district which is planned for phasing out, and as such, is no longeravailable for zone change requests. Roughly 500 to the south and 3500 to thenorth are areas planned to function as nodes of "Neighborhood Center" activity.The "Commercial" designation encompasses CO, CG, and CH zoningclassifications. While it is hopeful that this commercial corridor be diversified witha mixture of zoning types - including CO - this is more likely to happen on muchsmaller tracts. This 4.3 acre tract with direct access to South Bryant Boulevardhas functioned within a CG zoning district since 1987, and this request is a smallenlargement of that zoning within the very same tract that has been within thisdistrict for 25 years. If this were the introduction of a new commercial zoningdistrict - staffs analysis would likely take a different approach. Based on thespecific characteristics of this request, it appears to support the ZoningOrdinance principle of encouraging the tendency of commercial use withindefined areas. As such, this request appears compatible with the ZoningOrdinance.The Ordinance allows for three types of outdoor storage and display in non-residential districts, per Section 504. Generally speaking, CG zoning falls underType 2: Limited Outdoor Storage - which limits storage to 10 percent or 1,000square feet of the total lot, whichever is greater. Part of the reason for thislimitation is to allow the CG district to function in areas of transition, and tominimize the amount of storage ultimately utilized to something moderate. Again- this limitation on storage already applies to 3/4 or more of the tract in question.The amount is not proposed to be increased in any way, nor would staffrecommend it be. The applicant’s accompanying request for a Conditional Usefor Wholesale Trade - also on this agenda - will also limit the applicant to Type 2outdoor storage. The CG zoning is compatible with and matches both the usesand zoning to the south and west of the property. Though the transition from CGto R&E on the north and east of the property is not ideal - the situation existstoday and has since 1987. This request would still "hold the line" on the CGzoning being entirely encompassed within a singular ownership tract and notcontinuing onto neighboring properties. Also, the requirement of a Conditional
  • 109. Use for Wholesale Trade - something not allowed by right in the CG zoningdistrict - allows the opportunity for the Commission to place conditions to helpbetter mitigate this transition. It is important to realize that the very nature of theR&E zoning district has been treated as unique for decades - its large minimumlot sizes, large setback requirements, and the waiving of screening in the ZoningOrdinance for nonresidential properties abutting it, recognizes the ability for it towithstand transitions less ideal; on the other hand, stringent screeningrequirements, small lot sizes, and small setback restrictions recognize that othertypes of residential zoning are not as capable of managing these transitions. It isalso clear that some of the more noxious uses allowed in CH districts would notbe appropriate immediately adjacent to residential properties, nor does CH relyon visibility the same way CG zoning districts do. Based upon the compliancewith the zoning called for on the Vision Plan map, and the discussion above ofexisting and proposed uses, this request appears to be compatible with thesurrounding area.Changed conditions in this area include the continued - and some would argue,accelerated - momentum of this corridor emerging as a commercial corridor,attracting traffic from both within the city as well as from the outlying communitiesand an intense frequency of truck traffic. The Planning Commission discussedthe Vision Plan map in this general area back in 2010, and recognized thesechanges in a Vision Plan map amendment for this area of the corridor to"commercial" - realizing that this "commercial" development should be done in adiversified matter, mixing types of commercial to avoid solid strip development.As such, changed conditions play some part in this analysis.The natural environment within proximity to this tract includes the river property(called to remain as "Open Space") around 800 - 1000 to the west. This property isseparated from this area by a substantial 6.5 acre home site. Travelling acrossSouth Bryant to the west, the natural environment remains in place along somesizable vacant tracts, but is interspersed with more industrial types of development.On the site itself, the property is relatively flat and it does not appear that water/airquality would be negatively impacted, since the uses of the site are limited andspecifically exclude noxious uses. Wildlife and wetlands are not present, and thepractical functioning of the natural environment to the east will remain unaffected. Inthe future, it is possible to imagine a variety of retail or related ventures on thisproperty - however, their only access point is South Bryant Boulevard, and it isdifficult to imagine any value in sending traffic elsewhere. Noise is always apossibility along such a major arterial roadway, but the nature of the R&E district asdescribed above, paired with the small expansion of this CG as zone as proposed -within the same tract - does not appear to make a substantial change in effects.The sixth criterion outlined in the Zoning Ordinance for consideration is that of aCommunity Need. As described earlier, the maintaining of tracts throughout thecity with a variety of zoning districts criss-crossing them is a lingering issue thatcan create problems not only for the property owner, but for the community and
  • 110. the long-term viability of an area. Staff continues to attempt to identify and rectifythese issues where possible, and in this case, one could argue this changecontinues to serve a community need for those reasons.Logical and orderly development is another tenet of the Zoning OrdinancesSection 212. In this case, the zoning requested is consistent with the changes inthis area, the surroundings - for reasons already articulated - and it fits the plansfor this area. For all intents and purposes, this appears to result in a logical andorderly pattern.Proposed Conditions N/AAttachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt from zoning map, highlighting subject property; and Aerial photo, highlighting subject property. Draft minutes from November 19, 2012 Planning Commission; Citizen responses; and Draft ordinance.Presentation: Kevin Boyd, PlannerReviewed by: AJ Fawver, AICP, Planning Manager (11/14/12)
  • 111. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo, changing the zoning classification from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-14: Basil El-Masri WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: 4028South Bryant Boulevard, approximately 350 feet from the intersection of SouthBryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the EHermes Survey 0174 abstract 0349, in southern San Angelo shall henceforth bepermanently zoned as follows: General Commercial (CG) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:
  • 112. SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.INTRODUCED on the 4th day of December, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of December, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City ClerkApproved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 113. City of San AngeloMemo Meeting Date: December 4, 2012 To: City Council members From: Roxanne Johnston, Planner Subject: Z12-15: Julie Snider, requesting a zone change from Ranch and Estate (R&E) to General Commercial (CG), to specifically allow an Animal Crematorium, an “Industrial Service” as defined by Section 316A of the Zoning Ordinance, on the following property: Location: 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in western San Angelo. Purpose: This request would allow for the building of an animal crematorium on the subject property upon final approval of the Planning Commission for a Conditional Use Permit. Contacts: Julie Snider (325) 655-0198 Roxanne Johnston, Planner (325) 657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-15: Julie Snider AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING
  • 114. PROPERTY, TO WIT: : 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, changing the zoning classification from Ranch & Estate (R&E) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve this zone change request from R&E to CG which would allow for the placement of an animal crematorium; or (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny this zoning request from R&E to CG to allow for the placement of an animal crematorium. Recommendation: City staff recommends approving the proposed zone change. On November 19, 2012, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.History and Background: General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Rural; a vacant lot with one empty storage shed located in the middle northeast section. A single strand wire fence primarily surrounds the property on the south and west borders. Surrounding Zoning/Land Use: North: R&E Used for storage West: R&E Used for storage South: ML Lake Drive and vacant pasture East: R&E Residential building
  • 115. Thoroughfares/Streets: North Bryant Boulevard Frontage Road is defined as an “arterial street” and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets. Lake Drive is defined as a “collector street” which provides direct access to residential, commercial and other land uses.Zoning History: The subject property has consistently remained R&E since being zoned as such in the 1970’s. In 1980, Special Permit 776 was approved by the Planning Commission to locate a mobile home on a parcel to the northeast, but it was withdrawn. The property just east of the subject property was given Special Permit 767 in 1980 to locate a mobile home and it was approved by City Counsel with conditions. Also in 1980, the subject property and the property to the west were given Special Permit 251 that allowed for a mobile home and to have two residences on one zoning lot, with conditions.Applicable Regulations: Section 504. Type 3: General Outdoor Storage “Type 3 General Outdoor Storage shall be allowed in unlimited quantity.” Section 303. Residential Intent Statements "A. The Ranch and Estate District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting. The District is also intended to serve as a holding zone for vacant land areas annexed to the City." Section 304. Commercial District Intent Statements
  • 116. "C. CG (General Commercial) District. The General Commercial District is intended to provide opportunities for development of commercial establishments of higher intensity, with larger trade area, floor area and traffic generation than Neighborhood Commercial uses Limited outdoor storage, screened from adjacent residential uses, may be appropriate. D. The Heavy Commercial District is intended to provide opportunities for development of wholesale trade, retail sales, warehousing development, repair and service establishments, heavy and bulk equipment supply dealers or other such establishments that typically are characterized by outside storage of materials or merchandise.” Section 316. Industrial Use Categories "A.3. Examples (of industrial use categories) include mortuary and crematory services, not on same site as funeral home…"Related Comp PlanExcerpts: 2000 Zoning Ordinance, Vision Map, and Thoroughfare Map; City of San Angelo, Texas. Vision Plan. Rural. Intent and Goal 1. “Rural areas…will…come under the largest pressure to develop more intensively… Ensure suitability of development in Rural areas, promoting overall compatibility and avoiding overload of rural structure, especially the street.” "Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."
  • 117. "Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods." "Ensure suitability of development in Rural areas, promoting overall compatibility.."Special InformationTraffic Concerns: Changing the zoning to General Commercial will increase the volume of traffic more than if the property remained as-is. For the proposed usage, volume would be low. Future Heavy Commercial uses could yield higher traffic that the area may not be able to sustain in its current condition; although should the requested zone change from Ranch and Estate to General Commercial be granted, it would be more in line with the Vision Plan and the Thoroughfare Plan. Access to and from the property off of North Bryant Frontage Road falls under the jurisdiction of TXDOT. Access to and from the property from Lake Drive is reasonable for low volume traffic because the property fronts Lake drive approximately 89.5’ and the standard 30’ driveway entrance would fit.Parking Requirements: Varies depending on the use or occupancy, per Section 511, which also states “In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces...”Parking Provided: Currently, there is no provision for parking because the project has not been constructed.Density: Surrounding uses are predominately rural. The intent for use as an “animal crematorium” within this zone change request complies with the Vision Plan; however, not all future changes in use under the same category comply.Notification Required: Yes
  • 118. Notifications Sent: 4 Responses in Favor: 1 Responses in Opposition: 0Analysis:In order to approve this request, the City Council members are first required toconsider the following criteria:1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of the Zoning Ordinance.3. Compatible with the Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.4. Changed Conditions. Whether or the extent to which there are changed conditions that require an amendment.5. Considers Effect on Natural Environment. Whether and to the extent of which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.6. Considers Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.The staff recommendation is based upon the following.The initial request from the proponent was to rezone the subject property to HeavyCommercial because under this zoning, an animal crematorium would be allowed.During the Planning Commission meeting held on November 19, 2012, Planning staffargued against the initial request because it was not in line with the seven criterialisted above. The Planning Commission therefore recommended approval of amodification of a CG zoning to the City Council. They also issued Planning staff a
  • 119. directive to submit to the Planning Commission an application for a Conditional Usethat would allow the proponent the opportunity to place an animal crematorium on thesubject property should they grant the request.In this situation, where Heavy Commercial is the only district that allows for an animalcrematorium, Staff feels that General Commercial zoning, along with a ConditionalUse Permit, would be a more viable option for the proponent and the area thansimply placing a Heavy Commercial zone next to Ranch and Estate.The allowance of unlimited storage was a key negative element when considering astraight zone change from Ranch and Estate to Heavy Commercial. Also stressedwas the possibility that if zoned Heavy Commercial, a use other than the proposedcould locate there and have an extremely negative impact on the land; such as thoseoutlined in Section 304.D of the Zoning Ordinance (see above, “ApplicableRegulations”). Therefore, General Commercial would be more compatible next toRanch and Estate because it calls for limited storage along with screening, whichwould mitigate the environmental impacts usually associated with outdoor storagesuch as visual clutter, noise and heavy equipment that would place a large burden onLake Drive and a Conditional Use would guarantee that no other industrial usebusiness could locate there.The Zoning Ordinance states that zoning decisions will take into accordance theVision Plan. The Vision Plan does call for specific areas of the city to be “Industrial.”Staff interprets this to imply that Heavy Commercial could be more concentrated inthese areas since compatibility with other land uses have been carefully considered.The nature of an “industrial” use with regard to land use is that it is more heavy andintense than other classifications and again, Ranch and Estate is one of the leastintensive. Placing the two next to each other does not create a sensible border, so aGeneral Commercial zone would provide a gentler buffer between land uses asopposed to Heavy Commercial.The Vision Plan calls for the subject property and the properties to the north, southand west, to be Commercial, so a zone change at this time to General Commercialfalls in line with that document, which , like the Comprehensive Plan and the ZoningOrdinance, was adopted by the City Council. The area to the east and southeast,according to the Vision Plan, will remain rural in nature and is not projected to berezoned.The Comprehensive Plan, too, recognizes the need for General Commercial next toRanch and Estate instead of Heavy Commercial, noting that even CG/CH zoningadjacent to neighborhoods should be eliminated - CH zoning is even more intensive,although, again, it is the only zoning district that allows for a crematorium.In looking at the compatibility with the surrounding area, it is important to note that,while there are some more industrial or heavy types of uses along North Bryant Blvd,the proximity of this site to a rural neighborhood makes it a unique site. The
  • 120. requirements to zone in accordance with the Vision Plan are also a very importantconcept to remember.With just one animal crematorium located in the City of San Angelo alongKnickerbocker Road, there is a demonstrated community need to add another. Sucha zone change and possible Conditional Use Permit on the subject property couldprovide a community benefit as the trend in people seeking such services for theirpets is on the rise. Although the area has not experience a lot of growth and changein land use since the 1970’s, such an establishment, again, would not cause the areato drastically change.The proposed zone change from Ranch and Estate to General Commercial, is abetter fit to the area than the original request put before the PlanningCommission where the proponent was seeking a zone change to HeavyCommercial. General Commercial with a possible Conditional Use to allow for ananimal crematorium is even much more sensible and suitable. Roughly less thanone half of the immediate surrounding land will remain Ranch and Estate. Assuch, this would be a more appropriate and responsible development approach.Attachments: Excerpt from Zoning Map, showing the general location within the City of San Angelo; Excerpt from the Comprehensive Plan Vision Map highlighting the subject property; Excerpt from Zoning Map, highlighting subject property; and Aerial photo, highlighting subject property. Citizen response; Draft minutes from November 19, 2012 Planning Commission meeting; and Draft ordinance.Presentation: Roxanne Johnston, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (11/14/12)
  • 121. Exhibit 1. Minute Excerpt from November 19, 2012 Planning CommissionMeeting. B. Z 12-15: Julie Snider A request for a zone change from Ranch and Estate (R&E) to Heavy Commercial (CH) to specifically allow an “Animal Crematorium” included in the category of "Industrial Services" as defined by Section 316.A of the Zoning Ordinance on the following property: 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in western San Angelo.Roxanne Johnston, Planner, came forward to present this request, consistentwith the staff recommendation of denial. There were four notifications sent asrequired for this request, with one received in favor and zero received inopposition. Ms. Johnston showed maps and photos of the area in question.The notification in favor did not have any written comments, but was shared withthe Commission. Aerial photographs show some residential development to thesouth/southeast, with some industrial types of usage along N Bryant Blvd. TheVision Plan map calls for "commercial" usage at this location. The zoning is alarge R&E zoning classification, with ML zoning to the south/southwest. TheVision Plan map calls for "rural" classification to the south/southeast,immediately adjoining the site in question. The property is currently vacant. Theproperty has an empty storage shed, but is otherwise vacant. Residentialdwellings are located to the east, storage yards to the north, and pasturelandsurrounds the subject property. The property was annexed in 1949 and hasremained relatively unchanged since the 1970s. The Vision Plan map showsthat the area is not projected to change from the current character of rural.The applicable regulations were reviewed with the Commission - Ms. Johnstonexplained that the requested zoning of CH allows for unlimited outdoor storage,and explained that the intent of R&E is to remain relatively low in intensity. Shethen reviewed the intent statement for the CH district and explained that the twoare incompatible. She also reviewed several excerpts from the ComprehensivePlan that are relevant and provide guidance. CH districts can bring in heaviertraffic than roads that are in place can sustain or were intended for. Thesurrounding uses are predominantly rural, and while this lot is labeled as"commercial" in the Vision Plan, and this proposed use is commercial - theproximity to the rural areas does not make it the best choice for a type ofcommercial. The Zoning Ordinance classifies an animal crematorium as an"industrial service". CH is one of the least compatible types of commercial forsomething next to a rural area. For example, the Comprehensive Plan calls forelimination of CG/CH next to neighborhoods - and this requested zone isactually more intensive than CG/CH. The proposed change would not be an
  • 122. appropriate development pattern. R&E allows for the least environmentalimpact, whereas the CH zoning allows for high environmental impact.The Chair summarized that a crematorium is allowed in CH zoning, but that CHzoning is not appropriate where the property is located.The proponent, Julie Snider, came forward to speak in favor of the request. Shealso owns the property next door. She explained that there is some industrialusage that has begun taking place just north of the property, and then she talkedabout understanding what the use entails, and explaining that to theCommission. Sebastian Guerrero asked if she had experience in this type ofusage, and she explained that shes learning about it as she goes, but cantmove forward until she understands if the zoning approval is in place. Therewere some questions about the type of regulation that is in place for this type ofusage and the environmental conditions.Jennifer Boggs spoke about the need for this type of usage for the community.There was a great deal of discussion about the actual type of effects that areproduced by this type of endeavor, and Ms. Fawver explained that the PlanningCommission could also modify the request - for example, to a CG zoning district- and pursue approval of a Conditional Use by the Planning Commission inorder to put together some conditions of approval that could help mitigate thetransition, helping to provide a more natural type of transition and minimizeeffects.There was no one else present to speak in favor or in opposition to this request.Motion, to recommend approval of a modification to a CG zoning to the CityCouncil, (a lesser zoning category and thus allowed as a modification) and forstaff to bring back an application for Conditional Use for "Industrial Services" tothe Commission for consideration, was made by Jennifer Boggs and secondedby Joe Grimes. The motion passed unanimously, 6-0.
  • 123. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT : 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, changing the zoning classification from Ranch & Estate (R&E) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-15: Julie Snider WHEREAS, the applicant seeks to develop the property in accordance with thecitys Comprehensive Plan and Zoning Ordinance. WHEREAS the applicant seeks to market the property and bring business to SanAngelo through zoning the property in accordance with the plans and policies of the city forthe types of businesses that are allowed in an industrial area. WHEREAS, the Planning Commission for the City of San Angelo and the governingbody for the City of San Angelo, in compliance with the charter and the state law withreference to zoning regulations and a zoning map, have given requisite notice by publicationand otherwise, and after holding hearings and affording a full and fair hearing to all propertyowners and persons interested, generally, and to persons situated in the affected area andin the vicinity thereof, is of the opinion that zoning changes should be made as set outherein; NOW THEREFORE,BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enactedby the governing body for the City of San Angelo on January 4, 2000 and included withinChapter 12 of the Code of Ordinances for the City of San Angelo, be and the same ishereby amended insofar as the property hereinafter set forth, and said ordinance generallyand the zoning map shall be amended insofar as the property hereinafter described: : 4126Lake Drive, located approximately 100 feet from the intersection of Lake Drive and NorthBryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10,180’ x 484’ tract less the southwest 0.1020 acre shall henceforth be permanently zoned asfollows: General Commercial (CG) District.The Director of Planning is hereby directed to correct zoning district maps in the office of theDirector of Planning, to reflect the herein described changes in zoning.
  • 124. SECTION 2: That in all other respects, the use of the hereinabove describedproperty shall be subject to all applicable regulations contained in Chapter 12 of the Code ofOrdinances for the City of San Angelo, as amended. SECTION 3: That the following severability clause is adopted with this amendment:SEVERABILITY:The terms and provisions of this Ordinance shall be deemed to be severable in that, if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validityof the other provisions of this Ordinance. SECTION 4: That the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this article shall be guilty of a misdemeanor and,upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code ofOrdinances for the City of San Angelo. Each day of such violation shall constitute aseparate offense.INTRODUCED on the 4th day of December, 2012 and finally PASSED, APPROVED ANDADOPTED on this the 18th day of December, 2012. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 125. City of San AngeloMemo Date: To: Mayor and Councilmembers From: Sandra J. Villarreal, Health Services Manager Subject: Agenda Item for December 18, 2012 Council Meeting Contact: Sandra J. Villarreal, Health Services Manager, 657-4493 Caption: Regular First Public Hearing and consideration of introducing Ordinance Amendments related to Animal Control and fees: AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE; AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE Summary: Staff is asking for consideration of approving changes to the City’s Animal Ordinances as proposed by staff and the Animal Services Board: Ordinance Amendment Article 3.500 Impoundment allows the following: Sec. 3.501 General Provisions: Allows for the impoundment of an animal found in violation, allows redemption of such animal or allows for the owner to voluntarily relinquish ownership to the shelter. Sec. 3.502 Impoundment periods for non identifiable and owner identifiable animals sets three (3) business days excluding the day of impoundment as the hold period and sets seven (7) business days as the period allowed to hold an animal that is owner identified by either a tag or microchip. Sec. 3.503 Disposition of certain animals prior to expiration of impoundment
  • 126. period. a) Allows for a sick, injured or infant to be disposed in a humane mannerto avoid prolonged suffering or b) allows the transfer of an animal to be at risk dueto illness, injury or infancy to a qualified rescue organizationSec. 3.504 Redemption of impounded owner identifiable animals. Does notallow for an impounded animal to be redeemed without presenting proof ofownership, current registration, current rabies vaccination and alteration of theanimal. An impounded animal may not leave the shelter unaltered except: 1. Theowner pays the unaltered fee, 2. The owner obtains a waiver from the HealthDirector, 3. The owner obtains a letter from a veterinarian stating health reasonsas a waiver of alteration. And 4. Consideration may be given but is notguaranteed a waiver of alteration, if the owner provides proof of registration of theunaltered impounded animal from a nationally recognized kennel association.This last exception can only be invoked two times for the same owner.Sec. 3.505 Disposition of animals upon expiration of impounded period. Animpounded animal is eligible for adoption after the prescribed 3 day or 7 day holdperiods in Sec. 3.412 through 3.415Sec. 5.506 Disposition of animals voluntarily relinquished by owner. Allowsan owner released animal to automatically become eligible for adoption or to behumanely euthanized.Ordinance amendments related to Adoption of Animals allow for thefollowing:Sec. 3.412 Adoption of Animals; Sterilization Requirement: No animal shallbe eligible for adoption unless sterilized.Sec. 3.413 Adoption of Animals by Individuals: Any individual may adopt adog by submitting an application and paying all adoption fees. Ordinance allowsfor any individual to request a different veterinarian to perform sterilization, uponwhich adopter is responsible for additional surgery charges beyond the city’sadoption fee.Sec. 3.414 Adoption of Animals by Qualified Animal Rescue Organizations:establishes a qualified rescue to be a 501(c)(3) x-exempt, as well as, allows arescue organization to request a different veterinarian to perform sterilization,upon which the adopter is responsible for additional surgery charges beyond thecity’s adoption fee. This section requires a qualified rescue to micro-chip ananimal prior to release of an animal to an adopter by either allowing the shelter toimplant the chip or use their own resources and devices to implant the chip.Sec. 3.415 Adoption Fees: a) The adoption fee for an individual is referenced as“a” in the ordinance amendment; provides for the addition of “b” which setsadoption fees for rescue organizations; “c” which sets the adoption fee for apreviously sterilized and micro-chipped animal and “d” which sets the adoption feefor a previously sterilized, non-micro-chipped animal. In addition, changes to thecity’s contracted amount for the sterilization surgery will result in an automaticincrease or decrease to the adoption fee.Sec. 1.300 Animal Adoption Fees: a) the Adoption fees for an individual iscurrently at $50.00 for cats and ferrets, and $85 for dogs. Item b) sets theadoption fees for qualified rescues at the same for individuals; c) adoption fee fora previously sterilized and micro-chipped animal is $15.00 and includes the cost ofthe rabies vaccine, as well as the cost of the city license, and d) adoption fee for apreviously sterilized, non-micro-chipped animal is $28.00 which includes the costof for rabies vaccine, license and micro-chip.Sec. 1.301 Animal Micro-Chip Fees: For a previously altered animal, the micro-chip fee will be $13.00.This section allows a qualified rescue organization the option to negotiate pricingand pay a veterinarian directly for any and all costs incurred for sterilizationservices or other services negotiated and obtained between the qualified rescueorganization and the veterinarian.
  • 127. History: On August 3, 2010, a new fee schedule for Animal Services was presented during the city’s budget discussions which council approved and implemented with the start of the new fiscal year. On that day, Council directed staff to work with Rescue Organizations during a 90-day trial period, to come up with a different fee structure specifically for Rescues, and allowed Rescues to pay a reduced rate for adoptions during that interim period. Staff was to allow rescue organizations to continue to adopt animals out of the shelter using the old fee structure until December 31, 2010. (Staff continued to allow old fee schedule for Rescue Organizations until June 2011). At the August 19, 2010 Animal Services Board Meeting, Jenie Wilson was appointed chairperson of a sub-committee designed to propose a separate fee schedule for Rescue Organizations. Two recommendations were made to the Animal Services Board Special Meeting on October 28, 2010. The AS Board approved of an Option B (see attached). In order to assist Rescue Organizations, staff began work on a Qualified Rescue Organization Adoption Policy, as well as, formulation of a Mutual Aide Agreement (MOA) between the City and the Rescue Organizations. The MOA and Adoption Ordinance Amendment were intended to allow Rescue Organizations to pull unaltered animals out of the shelter, with approval and with the discretion of the Animal Services Manager, as well as, allow Rescue Organizations to negotiate their own pricing with Veterinarians for necessary services. On September 2, 2010, Staff had a meeting with 2-3 Rescue Organizations to present the Agreement and Adoption Policies/Ordinances. What resulted was the unification (Humane Society, Sadies, and Critter Shack) of the rescue organizations into Pets Are Worth Saving (PAWS). PAWS ideas were to come up with a new concept, whereby, PAWS would run the Animal Shelter, and the City would continue to run Animal Control. Several meetings were held with PAWS, staff and management. With Staff seeking clarification on defining a “Qualified Rescue Organization”, Animal Services Board also voted on this issue October 28, 2010, and approved the following criteria: 501c3 documentation, letter of reference from licensed veterinarian, organization’s copies of Adoption Policies, Procedures and Adoption Contract, Copy of current Board of Directors, schedule of regular meetings, and the rescue must have the ability to microchip themselves, or pay the City Shelter to microchip, and have the resources to pay all associated adoption fees needed for rescue adoptions, as well as, proposed the additional Option B Adoption Fees by Rescue Organizations, which is to charge $15 for a previously spayed/neutered animal if the rescue is micro-chipping using their own resources, $28 for a previously altered animal and we micro-chip, sets the micro-chip price at $13, and allows for a qualified rescue organization to independently negotiate and pay their veterinarian directly for surgical fees or take advantage of shelter negotiated pricing. Surgical fees for a qualified rescue organization remain the same as for an individual adopter, which are $65 dogs and $45 cats. On November 2, 2010, Option B was presented to council; council directed to staff to bring the final proposal including changes specified with regard to the fee schedule. PAWS group, did not agree with the MOA concept, and instead began working with the City on a plan to manage the Shelter. Staff set aside the staff-drafted Adoption and Impoundment Ordinance Amendments, Policies and MOA, to give PAWS time to develop their plan of action. On March of 2011, Staff and Legal began working on draft Adoption and Impoundment Ordinances, whereby working towards resolving fee schedule changes and the allowance of Rescue Organizations negotiating own veterinary fees, as well as clarifying the Impoundment Process to make sure animals were not kept for months unnecessarily while Shelter staff sought ownership of tagged or micro-chipped animals. Again, these ordinance amendments were placed on hold while discussions between the City and PAWS took place. On June 10, 2011, the Shelter had to stop subsidizing Rescue Organization
  • 128. Surgery costs for cats and dogs; a 9-month period was given to them to adjust to this change before it was implemented. Based on the number of dogs and cats adopted by Rescues, the Shelter had lost roughly $9,000 and could no longer afford to subsidize the cost. Rescues were paying only 50% of the approved new $85 Dog Adoption Fee (includes the surgery, city tag, rabies vaccination and micro-chip). On November 2, 2011, two of the Rescue Organizations (Sadies and Critter Shack) pulled out of PAWS, thus voiding their attempt to propose a plan for operation of the shelter. The Humane Society retained the PAWS name and now goes by that acronym for their business. A subcommittee consisting of Dr. Mary Ann White, Animal Shelter Advisory Committee member, and representatives from three other rescue organizations, met on June 6, 2012, in order to review the staff-drafted Adoption Ordinance Amendment and Impoundment Ordinances and make any recommendations for change before going before the Animal Shelter Advisory Committee (ASAC). By allowing Rescue’s input into the process, staff demonstrated its willingness to work in cooperation with the Rescue organizations. Interestingly, it was determined that three of the four major Rescue Organizations did not want animals pulled out of the Shelter unaltered by any rescue organization, an issue that had been a prior subject of contention. Staff removed the Mutual Aid Agreement requirements as advised by the group and the proposal was well accepted by the three rescue organizations. The draft Adoption Ordinance was presented to the ASAC on June 21, 2012. The Adoption and Impoundment Ordinances were approved unanimously by the committee. Upon the completion of legal review, ordinance changes are now being presented to council.Financial Impact: No financial impactRelated Vision Item Neighborhood Vision….establish appropriate regulations to protect neighborhoods;(if applicable): Industry Vision…better coordination/look for partnership opportunitiesOther Information/ Staff recommends . . . ApprovalRecommendation:Attachments: Draft Ordinance Amendments: Sec. 3.412-3.415 pertaining to Adoptions of Animals and Article 3.500 Impoundment, and Article 1.000 Animal Control Services Fees, Sec. 1.300 Animal Adoption Fees Current Ordinances: Sec. 3.412 Adoption of Animals and Article 3.500 Impoundment of Animals for comparison, and Article 1.000 Animal Control Services Fees Option B: Fee Schedule for Rescue Organizations approved by Animal Shelter Advisory CommitteePresentation: YesPublication:Reviewed by Rick Weise, x-1072Director:Approved by Legal: Date of Approval (attach Legal Approval Form)
  • 129. City CouncilDecember 18, 2012
  • 130. Chapter 3 – Animal Control Proposed Amendments 1. Repeal Article 3.500 Entitled Impoundment of Animals’ and replace with Article 3.500 Entitled ‘Impoundment’ 2. Repeal Sec. 3.412 ‘Adoption of Animals’ and replace with Sec. 3.412 ‘Adoption of Animals; Sterilization Requirements’; Sec. 3.413 ‘Adoption of Animals by Individuals’; Sec. 3.414 ‘Adoption of Animals by Qualified Animal Rescue Organizations’; and Sec. 3.415 ‘Adoption Fees’.
  • 131. Proposed Amendments (con’t)3. Amend Article 1.000 ‘ Animal Control Services Fees’ by adding 1.300(a) Adoption Fee for animals by individuals; 1.300(b) ‘Adoption fee for adoptions of animals by qualified rescue organizations under Sec. 3.414’; 1.300(c) ‘Adoption fee for a previously sterilized and micro-chipped animals is’; 1.300(d) ‘ Adoption fee for a previously sterilize, non-micro- chipped animal is’; and4. Adding Section 1.3001 ‘Micro-chip Fee’
  • 132. Article 3.500 – Impoundment Proposed Amendments • Sec. 3.501 General Provisions – allows for the impoundment of animal, allows redemption of such animal or allows voluntary relinquishment by owner, in addition to, authorizing any animal running at large to be impounded, and making it unlawful for a dog, ferret or pot bellied pig to be running loose when off their own property. • Sec. 3.502 Impoundment period is set for 3 business days for a non identifiable animal and 7 business days for an identifiable animal that has a tag or chip
  • 133. Impoundment Proposed Amendments• Sec. 3.503 Redemption of Impounded owner identifiable animals proof of ownership, current registration, current rabies vaccination, proof of alteration (sterilization) Exceptions for alteration:1. pay the unaltered fee2. obtains waiver from Health Director3. Health reasons stated in a letter by a Vet4. consideration may be given if animal registered in a National Kennel Assoc. (may invoke only 2X for same owner)
  • 134. Impoundment Proposed Amendments• Sec. 3.505 states that an animal is eligible for adoption after the prescribed 3 or 7 day hold periods• Sec. 3.506 allows for immediate release for adoption or humane euthanasia of an animal that has been relinquished by its owner
  • 135. Adoption Proposed Amendments• Sec. 3.412 No animal shall be eligible for adoption unless it is altered• Sec. 3.413 Adoption of Animals by Individuals, allows for any individual to adopt by submitting an paying the adoption fees. The ordinance amendment allows for any individual to request a different veterinarian to perform the sterilization, upon which adopter is responsible for additional surgery charges beyond the city’s adoption fee.
  • 136. Adoption Proposed Amendments• Sec. 3.414 Adoption of Animals by Qualified Rescue Organizations, establishes a qualified rescue organization to be a 501 c 3, as well as, allows a rescue organization to request a different veterinarian to perform the sterilization, and makes the adopter responsible for additional surgery charges. This section requires the rescue organization to micro-chip an animal prior to its release of such animal by either using their own resources, or allowing the shelter to micro-chip the animal prior to its release to the rescue organization
  • 137. Adoption Proposed Amendment• Sec. 3.415 Adoption Fees (a) Individuals $50.00 for Cats $85.00 for Dogs (b) Qualified Rescue Organizations $50.00 for Cats $85.00 for Dogs (c) Previously sterilized and micro-chipped animal $15.00 for a Dog, Cat or Ferret (d) Previously sterilized, non-micro-chipped animal $28.00 for a Dog, Cat or Ferret Section 3.415 also allows a qualified rescue organization to negotiate their own pricing with a Veterinarian of choice and allows direct payment for any all costs incurred Sec. also states if contracted fee for sterilization surgery changes, it will result in automatic increase or decrease to the adoption fee
  • 138. Adoption Fees Proposed Changes• Sec. 1.300 Animal Adoption Fees: (a) Individuals (b) Qualified Rescue Organizations (c) Previously sterilized and micro-chipped animal (d) Preciously sterilized, non-micro-chipped animal• Sec. 1.301 Animal Micro-Chip Fees: Microchip Fee - $13.00
  • 139. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 3, Article 3.500 of the Code of Ordinances of the City of San Angelo,Texas is hereby repealed in its entirety and replaced with the following:Sec. 3.501 General provisions.(a) Animals found to be in violation of this Chapter or found to be in circumstances in whichimpoundment is authorized by the provisions of this Chapter shall be taken into the custody ofthe animal control authority and impounded at the City of San Angelo Animal Shelter.(b) The owner of any impounded animal shall redeem such animal in accordance withSection 3.504 of this Article and shall be required to pay to the City all fees, costs and expensesincurred in the seizure, impoundment and redemption of the animal, which shall include, but arenot limited to an impoundment fee, daily boarding fees, alteration, vaccination and registration.(c) An owner of any impounded animal may voluntarily relinquish ownership of the animalto the animal control authority by executing a release to relinquish ownership. For purposes ofthis Article, a presumption of relinquishment exists with respect to any animal which is notredeemed within the time period of impoundment prescribed under Section 3.502 of this Article.(d) Any animal running at large may be taken up by the Animal Services Director, hisdesignee or by any police officer.(e) It shall be unlawful for any person to permit any dog, ferret, or pot bellied pig possessed,kept or harbored by him to be off his premises unless such dog, ferret, or pot bellied pig isrestrained on a leash or chain held by a responsible person under that person’s control.Sec. 3.502 Impoundment periods for non identifiable and owner identifiable animals.(a) An impounded animal, not exhibiting an identification tag or micro-chip, shall be kept forthree (3) business days excluding the date of impoundment.(b) An impounded animal exhibiting an identification tag or micro-chip shall be kept forseven (7) business days excluding the day of impoundment during which period the AnimalServices Manager or designee will notify the owner identified on such tag or micro-chip bypersonal contact or mail to the address identified on the tag or micro-chip of the impounded
  • 140. animal. If the owner of an impounded animal does not claim the animal within the prescribedseven (7) business days, disposition of the animal will be made as provided under Section 3.505.Sec. 3.503 Disposition of certain animals prior to expiration of impoundment period.Notwithstanding the prescribed impoundment periods, the Director of Animal Services shallhave the discretion to:(a) Dispose of an animal determined to be at risk due to a state of illness, injury or infancy inthe most expedient, humane manner as possible to avoid prolonging its suffering; or(b) Transfer an animal determined to be at risk due to a state of illness, injury or infancy to aqualified animal rescue in accordance with Section 3.414 of this Chapter.Sec. 3.504 Redemption of impounded owner identifiable animals.(a) The owner of any impounded animal shall redeem such animal during normal hours ofoperation of the City of San Angelo Animal Shelter in accordance with the proceduresestablished under this section.(b) No impounded animal shall be redeemed unless approved for redemption by the Directorof Animal Services. To obtain approval for redemption, the owner shall: 1. Present proof of ownership, current registration, current rabies vaccination, alterationof the animal, and 2. Pay all applicable fees, costs and expenses incurred in the seizure, impoundment andredemption of the animal, including, but not limited to an impoundment fee, daily boarding fees,fees for alteration, vaccination and registration.(c) No impounded animal shall be redeemed without current annual registration and currentrabies vaccination and shall be registered and vaccinated before redemption by the owner. If theowner fails to provide proof of current registration or current rabies vaccination, the Director ofAnimal Services shall register and vaccinate such impounded animal, as required.(d) If the owner fails to provide proof of alteration and the animal is unaltered, the Directorshall transfer the animal to a designated veterinary facility for alteration. If an animal istransferred for alteration, the Director of Animal Services will inform the owner of the name andlocation of the veterinary facility and the date and time of release. Animals will only be releasedto the owner upon presentation to the veterinary facility of redemption approval.(e) No unaltered impounded animal shall be redeemed, except under the followingcircumstances:
  • 141. 1. The owner pays an unaltered animal fee as provided for in the fee schedule underAppendix A, Article 1.000 Animal Control Services Fees, Section 1.500 Unaltered Animal Fee;or 2. The owner obtains a waiver from the Health Director of the unaltered animal fee asprovided for in the fee schedule under Appendix A, Article 1.000 Animal Control Services Fees,Section 1.500 Unaltered Animal Fee, or 3. The owner obtains a Letter from a Veterinarian stating Health Reasons as a waiver ofalteration of the unaltered impounded animal. 4. Consideration may be given, but does not guarantee waiver to alteration, if the ownerprovides proof of registration of the unaltered impounded animal from a nationally recognizedkennel association. This exception to the requirement of alteration may not be invoked morethan two (2) times for the same owner.Sec. 3.505 Disposition of animals upon expiration of impoundment period.(a) Upon expiration of the impoundment periods prescribed under Sec. 3.503 of this Article,an impounded animal is eligible for adoption in accordance with Sections 3.412 through 3.415 ofthis Chapter.(b) The Director of Animal Services has the discretion to humanely euthanize anyimpounded animal that remains in the City Animal Shelter after expiration of the impoundmentperiod and is not adopted.Sec. 3.506 Disposition of animals voluntarily relinquished by owner.(a) Upon voluntary relinquishment by an owner and submission of signed owner releaseform, an animal is automatically eligible for adoption in accordance with Sections 3.412 through3.415 of this Chapter.(b) The Director of Animal Services has the discretion to humanely euthanize any animalwhich has voluntarily been relinquished and for which an owner release form has been obtained. 2) THAT, the following severability clause is adopted with this amendment:SEVERABILITY:That the terms and provisions of this Ordinance shall be deemed to be severable in that if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validity ofthe other provisions of this Ordinance.
  • 142. 3) THAT, the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this Article shall be guilty of a Misdemeanor andupon conviction shall be subject to a fine as provided for in Chapter 1, Article 1.100, Section1.106 of this Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 201_, and finally PASSED,APPROVED and ADOPTED on this the day of , 201_. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorBy: Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Sandra J. Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 143. AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Appendix A, Article 1.000 of the Code of Ordinances of the City of SanAngelo, Texas is hereby amended as follows:Sec. 1.300 Animal Adoption Fees(a) Adoption fee for adoption of animals by individuals under Chapter 3, Article 3.400, Sec.3.413 is: (1) Cats or ferrets - $50.00 (2) Dogs - $85.00(b) Adoption fee for adoption of animals by qualified rescue organizations under Chapter 3,Article 3.400, Sec. 3.414 is: (1) Cats or ferrets - $50.00 (2) Dogs - $85.00(c) Adoption fee for a previously sterilized and micro-chipped animal is: (1) Dog, Cat or Ferret - $15.00(d) Adoption fee for a previously sterilized, non-micro-chipped animal is: (1) Dog, Cat or Ferret - $28.00Sec. 1.301 Micro-chip Fee (1) Dog or Cat - $13.00
  • 144. 2) THAT, the following severability clause is adopted with this amendment:SEVERABILITY:That the terms and provisions of this Ordinance shall be deemed to be severable in that if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validity ofthe other provisions of this Ordinance. 3) THAT, the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this Article shall be guilty of a Misdemeanor andupon conviction shall be subject to a fine as provided for in Chapter 1, Article 1.100, Section1.106 of this Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 201_, and finally PASSED,APPROVED and ADOPTED on this the day of , 201_. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorBy: Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Sandra J. Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 145. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT, Chapter 3, Article 3.400 of the Code of Ordinances of the City of San Angelo,Texas is hereby amended as follows:Sec. 3.412 Adoption of Animals; Sterilization RequirementAnimals in the custody of the City Animal Shelter may be adopted by individuals ororganizations that qualify as an animal rescue organization under Sec. 3.414 of this Article.Adoption procedures for adoptions by individuals that are not qualified animal rescueorganizations shall be in accordance with Section 3.413 of this Article. Adoption procedures foradoptions by qualified animal rescue organizations shall be in accordance with Sec. 3.414 of thisArticle. All animals adopted from the Animal Shelter shall be sterilized prior to release.No animal shall be eligible for adoption unless sterilized. The City Animal Shelter provides forsterilization of animals prior to release for adoption. The cost of sterilization is included in theadoption fee.Sec. 3.413 Adoption of Animals by Individuals(a) Applications for adoption of animals by individuals must be submitted to the Director ofAnimal Services for approval, along with payment of the adoption fee.(b) Adoptee animals will be released for adoption from a designated veterinary facility. Oncean application for adoption is approved, the Director of Animal Services will inform theapplicant of the name and location of the veterinary facility and the date and time of release.Adoptee animals will only be released upon presentation to the veterinary facility of adoptionapproval. Adopter may request a different veterinarian to perform the sterilization surgery on theunaltered animal, upon which adopter will pay any additional surgery charges beyond the City’s
  • 146. contracted pricing and any additional fees assessed by the veterinarian, as stated in 3.415(d) ofthis Article, and additional charges shall be paid directly to the veterinarian.(c) This section does not apply to animals claimed by the owner of the animal in custody ofthe City Animal Shelter and redeemed in accordance with Section 3.504 of this Chapter.Sec. 3.414 Adoption of Animals by Qualified Animal Rescue Organizations(a) For purposes of this Article, an organization qualifies as an animal rescue organization ifthe organization: (1) Is tax-exempt under section 501(c)(3) of the Internal Revenue Code and is organized and operated exclusively for the purpose of the prevention of cruelty to animals.(b) Applications for Adoption of Animals by Qualified Animal Rescue Organizations mustbe submitted to the Director of Animal Services for approval, along with payment of theadoption fee.(c) Adoptee animals will be released for adoption from a designated veterinary facility or theanimal shelter if previously sterilized. Once an application for adoption is approved, the Directorof Animal Services will inform the applicant of the name and location of the veterinary facilityand the date and time of release. Adoptee animals will only be released upon presentation to theveterinary facility of adoption approval.(d) A qualified rescue organization will ensure an animal is micro-chipped prior to release ofan animal to an adopter by either: (1) Allowing Animal Shelter to implant micro-chip as part of Appendix A, Article 1.000,Sec. 1.300, Animal Adoption Fees; (2) Pay the Animal Shelter a micro-chip fee as prescribed in Appendix A, Article 1.000,Sec. 1.301, for a previously sterilized animal; or (3) Implantation of a micro-chip using their own resources and micro-chip devices andproviding micro-chip information to the Animal Shelter.Sec. 3.415 Adoption Fees(a) The adoption fee for adoption of animals by individuals is prescribed by Appendix A,Article 1.000, Sec. 1.300(a) of the San Angelo Code of Ordinances.(b) The adoption fee for adoption of animals by qualified animal rescue organizations isprescribed by Appendix A, Article 1.300(b) of the San Angelo Code of Ordinances.(c) The adoption fee for adoptions of previously sterilized and micro-chipped animals isprescribed by Appendix A, Article 1.300(c) of the San Angelo Code of Ordinances.
  • 147. (d) The adoption fee for adoptions of previously sterilized, non-micro-chipped animals isprescribed by Appendix A, Article 1.300(d) of the San Angelo Code of Ordinances.(e) Adoption fees required to be paid under Sec. 3.413 and Sec. 3.414 of this Articleconstitute the City’s contracted amount for sterilization surgery, registration fees, rabiesvaccination fees and micro-chipping costs. Any fees assessed for additional veterinary servicesother than the City’s contracted amount for sterilization surgery, registration fees, rabiesvaccination fees and micro-chipping costs do not constitute adoption fees. The City is not liablefor fees assessed for any additional veterinary services. Adopter is responsible to the veterinarianfor any additional fees incurred. Changes to the City’s contracted amount for sterilizationsurgery will result in an automatic increase or decrease to the adoption fee.(f) The Director of Animal Services shall post the fee rate schedule at the beginning of eachfiscal year under Appendix A, Article 1.000 Animal Control Service Fees of the San AngeloCode of Ordinances.(g) A qualified rescue organization shall have an option to negotiate pricing and shall besolely responsible for negotiation and payment directly to a veterinarian of any and all costsincurred for sterilization services or other services negotiated and obtained directly between aqualified rescue organization and a veterinarian. 2) THAT, the following severability clause is adopted with this amendment:SEVERABILITY:That the terms and provisions of this Ordinance shall be deemed to be severable in that if anyportion of this Ordinance shall be declared to be invalid, the same shall not affect the validity ofthe other provisions of this Ordinance. 3) THAT, the following penalty clause is adopted with this amendment:PENALTY:Any person who violates any provisions of this Article shall be guilty of a Misdemeanor andupon conviction shall be subject to a fine as provided for in Chapter 1, Article 1.100, Section1.106 of this Code. Each day of such violation shall constitute a separate offense.
  • 148. 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 201_, and finally PASSED,APPROVED and ADOPTED on this the day of , 201_. CITY OF SAN ANGELOATTEST: BY: Alvin New, MayorBy: Alicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Sandra J. Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 149. City of San AngeloMemo Meeting Date: December 4, 2012 To: Mayor and Council members From: AJ Fawver, AICP Planning Manager Subject: consider petition for possible annexation (to San Angelo’s City limits) of certain properties situated southwest of San Angelo Location: First of two required public comment periods for an area encompassing a 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail, as shown in attached exhibit Contacts: AJ Fawver, AICP Planning Manager 657-4210 Caption: Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 20.00 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to an apartment
  • 150. development currently undergoing construction, and located on a property under the sameownership as that under discussion.By accepting the petition and adopting a calendar of annexation proceedings as prescribedunder Chapter 43 of the Texas Local Government Code, City Council will initiate a processthat may be completed as early as February 5, 2013.The subject area of proposed annexation is uninhabited and free of any structures.The Local Government Code authorizes cities to annex sparsely occupied areas on petitionof the areas landowner(s). This section (43.028) only applies to the annexation of areasthat meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.Analysis of Proposed Annexation:It is essential that the foundation statement of the 2009 Comprehensive Plan be consideredin context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."This Plan provides guidance for annexation, many of which are relevant to this scenario.First, the plan establishes a goal stating that the City should "annex areas before extensivedevelopment of home sites and business properties occurs, guiding any such developmentwithin a framework of municipal regulations on zoning, subdivision, signs, fire preventionand building construction." This excerpt is relevant in this situation, because the area isvacant, and thus, no such development is in place. However, this argument alone is notcompelling enough on its own - as vacant property is currently in place outside the city limitsall around San Angelo - and should not necessarily be annexed.However, the Subdivision Ordinance requires that development that seeks to utilize SanAngelos water service petition for annexation before such service can be extended. Itappears in this case that such a purposeful and specifically-situated tract - in the contextthat the neighboring property under the same ownership which is developing currently - wascreated specifically to pursue annexation in order to develop. As such, the second goaloutlined in this Plan advises to "balance short-term costs of making measured capitalimprovements in possible annexation areas with the long-term costs of not annexing thesesame areas." More specifically, "recognize that determining best areas for annexationinvolves anticipating realistic potential for development around the urban fringe, annexingthe most promising such areas...".Another important consideration of this specific location is the fact that the currentdevelopment, created when platting the property, now embraced within The Boulevardsubdivision, created in summer 2011. When this plat was drafted and approved, it
  • 151. contained a particularly important piece for the southwest part of San Angelo: the dedicationof a piece of Appaloosa Trail, a minor collector street planned long-term in the ThoroughfarePlan to eventually provide a connection from the developing areas just west of theintersection of FM 2288 and Sherwood Way to the emerging neighborhood south ofSouthland Boulevard and looping back northeast along Pinon Ridge and Oak GroveBoulevard, eventually connecting to Houston Harte Expressway. For now, the only lateralroutes of significant carrying ability connecting these two segments of the city are FM2288/Southland Boulevard and Sherwood Way/US Hwy 67. Development along this areawould result in future segments of Appaloosa Trail being pieced together, though this isclearly a very long-term endeavor.The Comprehensive Plan goes on to state that it is important to "identify specific areaswhere...annexation may be useful for incorporating expected new development...within Citylimits, especially where an infrastructure of water utilities already exists."In this area, a network of water and sewer mains, available for extension, are in existence.These were extended and tied into during the process of developing The Boulevardsubdivision. Financial Impact: not applicable, yetRecommendation: City staff recommends that City Council accept the proposedschedule of hearings as outlined below. Even before those public hearings may begin, thegoverning body must decide whether to “accept” or “reject” a petition for annexation. Acceptingsuch petition does not commit the governing body to approving any or all of the requestedannexation. Accepting such petition simply initiates a series of proceedings which mayeventually lead to annexation. These hearings allow the opportunity for input from the public,interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed)first public hearing December 18, 2012second public hearing January 8, 2013introduce annexation January 22, 2013ordinance, on firstreadingsecond and final reading February 5, 2013of annexation ordinanceAttachments: map as provided by the applicant, of the proposed area draft survey map as provided by the applicant petition as submitted to City staff
  • 152. Presentation: AJ Fawver, AICP, Planning ManagerPublication: A legal notice was required for this and the next public hearing (on January 8th) of this item. This notice was published in accordance with the Texas Local Government Code, on December 7th.
  • 153. City CouncilDecember 18, 2012
  • 154. Annexation• First public hearing of comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail
  • 155. Proposed Scheduleannexation calendar (no special meetings needed) first public hearing December 18, 2012 second public hearing January 8, 2013 introduce annexation January 22, 2013 ordinance, on first reading second and final reading February 5, 2013
  • 156. Annexation for PetitionDiscussion and consideration of petition seekingannexation (to San Angelo’s City limits) of certainproperties situated immediately west/southwest of SanAngelo and encompassing a vacant 8.995 acre tractextending northwest from Mills Pass Drive, and locatedeast of the Community of Faith subdivision andsouthwest of the Sams Club Addition
  • 157. Petition for Annexation
  • 158. Petition for Annexation• Council’s options are: • Accept the petition for annexation, or • Deny the petition for annexation.
  • 159. Petition for Annexation (cont.)• This area is immediately adjacent to a residential subdivision, known as the Prestonwood Addition;• This addition was annexed to the city in 2008;• This addition contains both traditional single-family residences and zero lot line homes;
  • 160. Petition for Annexation (cont.)• If the petition is accepted, staff will work up an analysis & recommendation regarding the annexation, after the required public hearings are held;• Chapter 43.028 of the Local Government Code authorizes cities to annex sparsely occupied areas upon petition;• Accepting the petition does not commit the city to actually annexing all or part of the land, but rather, allows the city to hear comments & allow the proponent to make their case by initiating a series of public hearings;
  • 161. Petition for annexation (cont.)• Proposed schedule: • First public hearing: January 8, 2013 • Second public hearing: January 22, 2013 • Introduction of ordinance: February 5, 2013 • Final reading of ordinance: February 19, 2013
  • 162. Zone ChangeZ 12–13: Creed Partners, LLC.• A request of a Zone change from Light Manufacturing (ML) to General Commercial (CG) to allow for "Retail Sales and Service" on the following property:• 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641.Six (6) notifications were sent. One in favor, one opposed.
  • 163. Zoning Map
  • 164. Aerial Map
  • 165. Looking North on Knickerbocker Rd
  • 166. Looking South on Knickerbocker Rd
  • 167. Looking at the Subject Property along Knickerbocker Rd
  • 168. Looking at the Subject Property along S Jackson St
  • 169. Looking West on S Jackson St
  • 170. Looking East on S Jackson St
  • 171. Recommendation• Planning staff recommends approving this Zone change request.• On November 19, 2012, the Planning Commission recommended approval of the requested Zone change by an unanimous 6-0 vote.
  • 172. History & BackgroundGeneral Information• Light Manufacturing (ML) zoning;• Vacant Golden Corral restaurant, commercial parking and partially open space;• CG & ML zoning in the area;• Restaurants, bank branch, hotels, general construction and supply stores, beer distribution plant, dealership, dealership and student apartments.
  • 173. Criteria of Application• Compatible with Plans and Policies• Consistent with Zoning Ordinance• Compatible with Surrounding Area• Changed Conditions• Effect on Natural Environment• Community Need• Development Patterns
  • 174. Analysis – Basis for Recommendation• Compatible with Plans and Policies − Vision Plan calls for ‘Commercial’ − Area has been established as a commercial corridor − Encourage development compatible with surrounding uses• Appropriate transition from the current ML zoning − Recent cases allowed for ‘Retail Sales and Service’• Nature of the area supports light to medium-density commercial development
  • 175. Zone ChangeZ12-15: Julie Snider• Requesting a zone change from Ranch and Estate (R&E) to Heavy Commercial (CH), to specifically allow an Animal Crematorium, an “Industrial Service” as defined by Section 316A of the Zoning Ordinance, on the following property:• 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard Frontage Road; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in west San Angelo.Four (4) notifications were sent, one in favor.
  • 176. General Map
  • 177. Site Map
  • 178. Aerial Map
  • 179. Vision Map
  • 180. Ownership Map
  • 181. Looking North at subjectproperty from Lake Drive
  • 182. Looking North at subject property near theintersection of Lake Drive and North Bryant Boulevard Frontage Road
  • 183. Looking South from Lake Drive down North Bryant Boulevard Frontage Road
  • 184. Looking East from subject property
  • 185. OptionsIn considering this application, the Council may:• Approve the proposed zone change as originally presented, to Heavy Commercial (CH);• Approve the modification to this request proposed by Planning Commission, to change the zoning to what is believed to be more appropriate for the location, General Commercial (CG);• Deny the proposed zone change.
  • 186. Recommendation• Planning staff recommends approving the request as modified by the Commission; staff recommends denying the request as originally submitted.• On November 19, 2012, the Planning Commission recommended approval of the zone change – as proposed to be modified - by an unanimous 6-0 vote.
  • 187. History and BackgroundGeneral Information• Ranch & Estate (R&E) ;• Residential dwellings east, storage yards north, and pastures.• North Bryant Boulevard Frontage Road is an “arterial street.”• Lake Drive is a “collector street.”• Annexed in 1949, property relatively unchanged since the 1970’s.• In the 1980’s, Special Permits applied for in the area included SP 167, SP176 (withdrawn), and SP 251; mostly for mobile home locations.
  • 188. History and Background• Applicable Regulations include: Section 504. Type 3 General Outdoor Storage “…shall be allowed in unlimited quantity” Section 303. Residential Intent Statements “A. The Ranch and Estate District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting…(it ) is also intended to serve as a holding zone for vacant land areas annexed to the City.”
  • 189. History and BackgroundSection 304. Commercial District Intent Statements“The Heavy Commercial District is intended to provideopportunities for development of wholesale trade, retailsales, warehousing, development, repair and serviceestablishments, heavy and bulk equipment supply dealeror other such establishments that typically arecharacterized by outside storage of materials ormerchandise.”
  • 190. History and Background Section 316. Industrial Use Categories “A.3. Examples include mortuary and crematory services, not on same site as funeral home…”• Related Comprehensive Plan Excerpts: Vision Plan. Rural. Intent and Goal 1. “Rural areas…will…come under the largest pressure to develop more intensively…(e)nsure suitability of development in Rural areas, promoting overall compatibility and avoiding overload of rural structures, especially the street.”
  • 191. History and Background“Establish transition areas to better “scale-down” intensityof use from commercial centers to neighborhoods.”“Require a buffer separating commercial, industrial, oragriculture zoned land from neighborhoods.”“Rezone or remove any CG/CH zoning from adjacent toexisting neighborhoods.”“Ensure suitability of development in Rural areas,promoting overall compatibility.”
  • 192. Criteria of Application• Compatible with Plans and Policies;• Consistent with Zoning Ordinance;• Compatible with Surrounding Area;• Changed Conditions;• Effect on Natural Environment;• Community Need;• Development Patterns.
  • 193. Analysis – Basis for Staff Recommendation • Unlimited outside storage is not allowed in a residential zoning district, & only allowed conditionally in a CG district. • The “industrial service” category also allows for warehouse and freight movement, full-service vehicle repair, waste related uses such as a junk yard, and an industrial services related business such as an oilfield pipe storage complete with a shipping and machinery repair yard. • Pairing a less intensive zoning with a Conditional Use (which the Planning Commission instructed staff to initiate on their behalf) would allow conditions to be added to help mitigate effects & avoid future uses of CH next to this large residential district.
  • 194. Analysis – Basis for Staff Recommendation • CH is one of the least compatible land uses next to an R&E district. • The Comprehensive Plan notes that CG/CH zoning adjacent to neighborhoods should be eliminated. CH is even more intense than CG/CH. CG is less. • The Zoning Ordinance provides for unlimited outside storage allowances for CH.
  • 195. Analysis – Basis for Staff Recommendation • The Vision Plan calls for land east of the subject property to remain rural in nature. There are better use categories that would function better next to rural areas. • The Vision Plan calls for specific areas to be set aside for “Industrial” uses. This is not one of those, & it is important to remember the plethora of industrial properties throughout the city which are vacant.
  • 196. Analysis – Basis for Staff Recommendation • The proposed zone change/industrial use does not fall in with the intent of future land use patterns in this area. The land directly to the east of the subject property will remain R&E. Therefore, the proposed change would not be an appropriate development pattern.
  • 197. Analysis – Basis for Staff Recommendation • A rezone from Ranch & Estate to Heavy Commercial is too extreme of a change in terms of land use because • Ranch & Estate creates the least environmental impact on land use, whereas; • Heavy Commercial allows for and potentially creates one of the most extreme environmental impacts • The proposed zone change would be at cross purposes with the Comprehensive Plan, the Vision Plan, and the Zoning Ordinance.
  • 198. Zone ChangeZ 12–14: Basil El-Masri• A request of a Zone change from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG), on the following property:• 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo.Nine (9) notifications were sent. One in opposition.
  • 199. Zoning Map
  • 200. Aerial Map
  • 201. Photographs of Subject Property Looking South on Bryant Blvd
  • 202. Photographs of Subject Property Looking North on Bryant Blvd
  • 203. Photographs of Subject PropertyLooking at the Subject Property on Bryant Blvd
  • 204. Photographs of Subject PropertyLooking North of the Subject Property on Bryant Blvd
  • 205. Recommendation• Planning staff recommends approving this Zone change request.• On November 19, 2012, the Planning Commission recommended approval of the requested Zone change by an unanimous 6-0 vote.
  • 206. History & BackgroundGeneral Information• General Commercial (CG) and Ranch & Estate (R&E) zoning;• Mostly vacant commercial lot;• CG, R&E, CH, & CG/CH zoning in the area;• Vacant residential lot, a convenience gas station, storage facilities, general supply, a tattoo parlor, landscaping business, church and residential single-family homes.
  • 207. Criteria of Application• Compatible with Plans and Policies• Consistent with Zoning Ordinance• Compatible with Surrounding Area• Changed Conditions• Effect on Natural Environment• Community Need• Development Patterns
  • 208. Analysis – Basis for Recommendation• Compatible with Plans and Policies − Split-lot zoning; rezoning to a single district allows for greater flexibilities with expanding the use − Vision Plan calls for ‘Commercial’, follows aspects of the 2003 Comp Plan• Appropriate transition to CG zoning − Less intensive than CH zoning − Matches the zoning that already exists − Leads to orderly development − Commercial nodes exists near intersections; emerging commercial corridor
  • 209. Analysis – Basis for Recommendation• Consistent with the Ordinance – − CG zoning falls under Type 2: Limited Outdoor Storage − Vehicles do not count towards the maximum outdoor storage − CG zoning matches the intended use• Minimal effects on the natural environment.• Diversifies commercial zoning in the area.• The Conditional Use heard by the Planning Commission included a condition mandated either setbacks from the residential area or a privacy fence between it and the residential area.
  • 210. City of San AngeloMemo Meeting Date: December 18, 2012 To: Mayor and Council members From: AJ Fawver, AICP Planning Manager Subject: consider petition for possible annexation (to San Angelo’s City limits) of certain properties situated southwest of San Angelo Location: area encompassing an 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sams Club Addition in the southwest part of the city, as shown in attached exhibit Contacts: AJ Fawver, AICP Planning Manager 657-4210 Caption: Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sams Club Addition Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 20.00 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing
  • 211. residential subdivision, known as the Prestonwood Addition, located south/southeast of SamsClub and west of Bonham Elementary School. This subdivision, nearing the completion of itsdevelopment, was annexed to the city in 2008 and incorporates both traditional single-familyresidences and zero lot line homes.By accepting the petition and adopting a calendar of annexation proceedings as prescribedunder Chapter 43 of the Texas Local Government Code, City Council will initiate a processthat may be completed as early as February 19, 2013.The subject area of proposed annexation is uninhabited and free of any structures.The Local Government Code authorizes cities to annex sparsely occupied areas on petitionof the areas landowner(s). This section (43.028) only applies to the annexation of areasthat meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.Analysis of Proposed Annexation:It is essential that the foundation statement of the 2009 Comprehensive Plan be consideredin context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."This Plan provides guidance for annexation, many of which are relevant to this scenario.First, the plan establishes a goal stating that the City should "annex areas before extensivedevelopment of home sites and business properties occurs, guiding any such developmentwithin a framework of municipal regulations on zoning, subdivision, signs, fire preventionand building construction." This excerpt is relevant in this situation, because the area isvacant, and thus, no such development is in place. However, this argument alone is notcompelling enough on its own - as vacant property is currently in place outside the city limitsall around San Angelo - and should not necessarily be annexed.However, the Subdivision Ordinance requires that development that seeks to utilize SanAngelos water service petition for annexation before such service can be extended. Itappears in this case that such a purposeful and specifically-situated tract - in the contextthat the neighboring property under the same ownership which is developing currently - wascreated specifically to pursue annexation in order to develop. As such, the second goaloutlined in this Plan advises to "balance short-term costs of making measured capitalimprovements in possible annexation areas with the long-term costs of not annexing thesesame areas." More specifically, "recognize that determining best areas for annexationinvolves anticipating realistic potential for development around the urban fringe, annexingthe most promising such areas...".
  • 212. The Comprehensive Plan goes on to state that it is important to "identify specific areaswhere...annexation may be useful for incorporating expected new development...within Citylimits, especially where an infrastructure of water utilities already exists."In this area, a network of water and sewer mains, available for extension, are in existence.These were extended and tied into during the process of developing The Boulevardsubdivision. Financial Impact: not applicable, yetRecommendation: City staff recommends that City Council accept the proposedschedule of hearings as outlined below. Even before those public hearings may begin, thegoverning body must decide whether to “accept” or “reject” a petition for annexation. Acceptingsuch petition does not commit the governing body to approving any or all of the requestedannexation. Accepting such petition simply initiates a series of proceedings which mayeventually lead to annexation. These hearings allow the opportunity for input from the public,interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed)first public hearing January 8, 2013second public hearing January 22, 2013introduce annexation February 5, 2013ordinance, on firstreadingsecond and final reading February 19, 2013of annexation ordinanceAttachments: legal description as provided by the applicant, of the proposed area survey map as provided by the applicant petition as submitted to City staffPresentation: AJ Fawver, AICP, Planning Manager Publication: No legal notice required at this time. However, if City Council agrees to accept this petition, legal notice of required public hearings will need to be published (in the newspaper) and posted on the City’s web site.
  • 213. City of San Angelo Public InformationMemo Date: Nov. 26, 2012 To: Mayor and Councilmembers From: Anthony Wilson, Public Information Officer Subject: Agenda Item for Dec. 18, 2012, Council Meeting Contact: Anthony Wilson, Public Information Officer, 234-0014 Caption: Regular Item Discussion of City website costs and consideration of authorization for staff to negotiate a subscription services agreement between the City of San Angelo and Vision Internet, and authorizing the City Manager to execute said contract. Summary: The City is close to executing a contract with Vision Internet for the redesign of the City’s website, per Council direction. In preparation for that, staff asked that funds earmarked for the website be moved into Public Information accounts, which raised questions from the Council about the amount of the contract. Staff requests that funds earmarked for the new website be used not only for the redesign, but for a subscription services contract that would include hosting, support, updates, new features and a graphic redesign. History: The City Council on May 1, 2012, approved a contract with Vision Internet for the design of a new website at a cost not to exceed $40,000. Anthony Wilson became the Public Information Officer on Sept. 1, 2012, and learned the contract had not yet been executed. The PIO began working with Vision, IT Manager John Eades and Assistant City Attorney Dan Saluri on a contract. In preparation for the execution of the contract, the PIO sought a budget amendment to move funds earmarked for the website into the appropriate account. According to Budget Manager Morgan Trainer, in Fiscal Year 2011, bond fund 505 had only one active project – a new City website. To eliminate staff time required to comply with the bond covenants, bond fund 505 was closed on June 23, 2011, when the City Manager approved a budget amendment to pay for $90,000 in voice over Internet protocol (VoIP) phone expenses using fund 505 monies and to close out the fund. That freed up $90,000 in the Communications Fund’s fund balance to be used for the website. The redesign contract that staff has negotiated with Vision is for $30,860. Vision offers three optional services that would cost an additional $9,140. Those services are: onsite consulting before the redesign, $4,725; content migration of 50 pages, $1,445 (the rate would be less for more than 200 pages); and one day of onsite web administrator training after the redesign, $3,290. The PIO contacted five cities – including Denton, Grand Prairie and Round Rock – for whom Vision has designed websites and found that most believe the onsite consulting can be adequately performed remotely and that content migration can be done in-house … and serves as a good training tool for internal site administrators. All unanimously agreed the onsite training is not only valuable, but critical. That is the only optional service staff is considering using. Doing so would
  • 214. raise the cost of the redesign to $34,150 – well below the $40,000 authorized by Council. Again, that cost will be paid from the Communications Fund. The PIO and the IT Manager have considered having the City host the site. Doing so would necessitate the purchase of $10,456 in servers and software. Afterward, the City would have to purchase increased bandwidth to accommodate the site’s traffic at an expense of $400 per month, or $4,800 annually. So, total first-year costs would be $49,406 with a recurring annual cost of $4,800. Currently, the City pays Avenet $2,450 per year to host the site, which entitles us to 1 gig of disc space and no technical support or upgrades. The City is currently using 7 gig. Avenet says it will soon begin charging customers that are over their size limit at a rate of 4 gig for $1,000 annually. That would nearly double our costs to $4,450 annually. By staying with the current host, the total first-year-cost would be $38,600 with a recurring annual cost of $4,450. Vision Internet offers a package of subscription services that includes a hosting option with more than 100 gig of disc space at a cost of $200 per month. Contracting with Vision to host the site would involve a total first-year cost of $36,550 with a recurring annual cost of $2,400 with a 3-percent annual rate increase. For a cost of $400 per month, Vision offers hosting plus technical support (including 24/7 emergency support, with an “emergency” defined as the site being offline for 10 minutes) and upgrades. Contracting with Vision for these services would involve a total first-year cost of $38,950 with a recurring annual cost of $4,800 with a 3-percent annual rate increase. For a cost of $500 per month, the package includes hosting, support and upgrades, plus new features as they are released and a graphic redesign (a freshening of the look) every four years. The website administrator in Denton said this is the package Denton recently added after three years of having Vision simply host the site. He explained that City staff and the site’s users grew frustrated at always “chasing the technology.” Contracting with Vision for these services would involve a total first-year cost of $40,150 with a recurring annual cost of $6,000 with a 3-percent annual rate increase. The subscription contract normally calls for a 5-percent annual rate increase; the PIO negotiated that down to 3 percent. The term of the contract is four years with rolling one-year options after that. Staff proposes purchasing the full subscription services package (or, in the alternative, the $400 monthly package of support and upgrades). Doing so would involve a total first-year cost of $38,950 with a recurring annual cost of $4,800 with a 3-percent annual rate increase. All costs would be paid from the $90,000 originally earmarked for the website. Paying subscription costs from the Communications Fund’s fund balance would lessen the burden on the General Fund by at least $2,400 annually.Financial Impact: The redesign will cost $30,860. Additionally, staff plans on purchasing the one day of onsite training for $3,290, raising the total redesign cost to $34,150. (The City will conduct all the pre-planning of the design remotely and will attempt to migrate the content itself for a total savings of $5,850.) The total cost of hosting alone would be $10,040.70 during the initial four-year term of the subscription services contract. The total cost of hosting, support and upgrades would be $20,081.41 during the four-year term of the contract. The total cost of hosting, support, upgrades, new features and the redesign would be $25,101.76 during the four-year term of the contract. All costs will be paid from the $90,000 earmarked in the Communications Fund for the new website. That amount is sufficient to cover all costs during the term of any subscription services contract with Vision.
  • 215. Paying subscription costs from the Communication Fund would relieve the burden on the General Fund by a minimum of $2,400 per year.Related Vision Item N/A(if applicable):Other Information/ Staff recommends approval of a subscription services contract with VisionRecommendation: Internet. The first preference would be the full package to include hosting, support, upgrades, new features and a redesign at a cost of $6,000 annually with a 3- percent yearly rate increase. The second preference would be the hosting, support and upgrades option at a cost of $4,800 annually with a 3-percent yearly rate increase. Staff further recommends that these costs be funded from the $90,000 earmarked for a new website in the Communications Fund.Attachments: Vision Internet Subscription Services DRAFT Contract Vision Internet Scope of Services Vision Internet Design DRAFT Contract Vision Internet ProposalPresentation: PowerPointPublication: N/AReviewed by Assistant City Manager/CFO Michael Dane, Dec. 5, 2012Director:Approved by Legal: Yes
  • 216. City CouncilDec. 18, 2012
  • 217. City Website• Council on May 1, 2012, authorized a contract not to exceed $40K with Vision Internet for the design of a new website.• New PIO began Sept. 1, 2012, and immediately began working with Vision, IT and Legal on a contract.• Negotiated price of $30,860.
  • 218. City WebsiteVision additionally offers three optional services:• Onsite consulting, $4,725. We will instead do this remotely.• Content migration, $1,445 for 50 pages. We will do this in-house.• Onsite training, $3,290. We will do this, per the consensus of other Vision customers.Total redesign cost:$30,860 redesign + $3,290 training = $34,150
  • 219. City WebsiteHosting• Currently pay $2,450/year for 1 gig of space. COSA uses 7 gig. Vendor to begin charging $1,000/year for every 4 gig = $4,450/year. With redesign, total first- year cost of $38,600.• Self-hosting would require $10,456 in servers & software PLUS $400/month for increased bandwith = $4,800/year after capital investment. With redesign, total first-year cost of $49,406.
  • 220. City Website• Vision offers hosting with 100 gig for $200/month = $2,400/year with 3% annual rate increase. With redesign, total first-year cost of $36,550.Any of the above 3 options yield the current level of service.
  • 221. City WebsiteSubscription ServicesVision further offers:• Hosting PLUS 24/7 tech support, upgrades for $400/month = $4,800 year w/ 3% annual rate increase. With redesign, total first-year cost of $38,950.• Hosting, 24/7 tech support, upgrades PLUS new features, graphic redesign after four years for $500/month = $6,000/year w/ 3% annual rate increase. With redesign, total first-year cost of $40,150.
  • 222. City WebsiteHow to pay for hosting/subscription services?Bond Fund 505 closed in FY11 with one active project … a new City Website. Fund closed by City Manager on 6/23/11 to pay for VoIP phone expenses, freeing up $90K in the Communications Fund’s fund balance for the website.Vision’s redesign contract to be paid from these funds, leaving $55,850 available for website expenses.
  • 223. City WebsitePay for hosting and/or subscription services from earmarked website funds in Communication Fund fund balance. Saves General Fund at least $2,400/year.Funding is sufficient to sustain services until next redesign.Consider in FY13 budget charging departments or website users a small fee to replenish funding to pay for next redesign and future hosting/subscription services.
  • 224. City WebsiteStaff recommends subscribing with Vision Internet for hosting, 24/7 tech support, upgrades, new features and a graphic redesign in four years at a cost of $6K/year with a 3-percent annual rate increase. ). Doing so would involve total first-year cost of $40,150.In the alternative, staff would recommend subscribing with Vision Internet for hosting, 24/7 tech support and upgrades at a cost of $4,800/year with a 3-percent annual rate increase. Doing so would involve total first-year cost of $38,950.
  • 225. City WebsiteQuestions?
  • 226. City WebsiteAdditional Information
  • 227. City WebsiteAttractive design• Clean, creative design that reflects our community and features photos/collages of landmarks, scenery, etc.• Intuitive navigation and a functional layout, with the most important info being the most accessible, easy- to-use drop-down menus, and info organized by department, topic and target users• Consistent look and feel• Breadcrumbs that show the user’s current path so they know where they are
  • 228. City WebsiteInteractive components and features• Approval cycle ensures accuracy and consistency• Calendar system based upon month, category or departments. Easier to search. Allows for recurring events, auto archiving, e-Notification, auto event address link to Google Maps• News with e-Notification and auto archiving• E-Notification sign-up service. Users set preferences. Export the database for other uses. Integrates with calendar, job postings, RFPs, news.• Bookmark and Share content via Facebook, Twitter.
  • 229. City websiteInteractive components and features• Component manager allows dynamic pages in which content expires automatically.• Community Spotlight on the home page highlighting special events, projects, news, etc.• Connected Pages – multiple instances of a page in different areas that are updated simultaneously• Emergency Homepage Alert notifies users of emergency info, prominently covering home page• Form/Survey Tool develops interactive forms replacing paper forms. Also allows online surveys.
  • 230. City WebsiteInteractive components and features• Forward to a Friend to easily forward pages to others• FAQs browsable by categories with multiple categories assignable to each question and a simpler interface for creating Q’s and A’s• CRM to request services and info based on categories, automatically routed to case processors, trackable by user s• Image Library stores all images on the site, Photo Gallery displays them• Rotating Homepage Banners w/ links freshens page
  • 231. City WebsiteInteractive components and features• visionMobile converts content into mobile versions for smart phones and tablets• Weather Updates• Easy integration with third-party, web-enabled databases and systems
  • 232. City WebsiteTimeline• Vision Stage 2-4 weeks• Concept Stage 2-4 weeks• Design Stage 3-4 weeks• Development Stage 4-9 weeks• Quality Assurance, Documentation& Training Stage 2-3 weeks• Soft Launch & Final Launch 2 weeksTotal 15-26 weeks
  • 233. Attachment AScope of WorkFollowing is the Scope of Work for the City of San Angelo’s (“City”) website to be performedby Vision Internet (“Contractor”). In this document the words “we,” “us,” and “ours” refer toContractor. The word “you” refers to City.The implementation of the website will include:  Attractive Design: A website design that reflects the City, draws people in, and makes it immediately obvious that the website is the best place to get information and access resources.  Intuitive Navigation: Information will be easy to find with the most important information accessible from the homepage to make it easier for website visitors.  Vision Content Management SystemTM: Contractor will implement the Vision Content Management SystemTM (VCMS) to facilitate content updates by non-technical staff throughout the City.  Integrated Interactive Components and Features: Interactive components and features will make the website more engaging while improving usability and simplifying content updates for staff.  Integrated Web 2.0/Gov 2.0: Your new website will include Web 2.0 features such as RSS feeds, Google Maps and integrated OneClick Social NetworkingTM with Twitter and Facebook to enable more immediate, fluid and targeted communications to your audiences.  Integration of Third-Party Components and Databases: Existing web-applications and databases should be incorporated to the new website.Each of these recommendations is discussed in more detail in the sections that follow.Attractive DesignThe City will have a design that makes it stand out among municipalities on both a regional andnational basis. The City’s website will be inviting, easy to use, and will reflect your uniqueidentity. This will be accomplished through the following design characteristics:  Creative design that reflects your community and creative design elements that capture the essence of the City.  Highly functional layout that makes important information available from the homepage and pages throughout the site.  Photos and collages of recognizable landmarks, scenery of the City, and the local area.  Consistent look and feel throughout the site to make it easier for website visitors to navigate the site and find information they need.  Section 508 Compliance making it accessible to persons with disabilities.  Easy to use drop down menus helping users to quickly understand navigation and locate information with the least amount of clicks.  Breadcrumbs showing the user’s current path to let them know exactly where they are on the website. City’s Initials_____ Contractor’s Initials_____ Page 1
  • 234. Attachment AIntuitive NavigationFor your website, Contractor will organize information by department, topic, and/or targetusers. This approach allows users to find information in the variety of ways that are mostimportant to them. This is a solution we use on many of our government websites making iteasy for visitors to find information. This is because content is available through multiple“paths” making it simple for users to search the site regardless of their preferred method.Vision Content Management SystemTMFor your project, Contractor will implement the non-proprietary, Microsoft ASP.NET and SQLbased content management system, developed specifically for government agencies.Interactive Components and FeaturesIn addition to the creative design, effective navigation, and easy to use Vision ContentManagement SystemTM, Contractor will provide you with many different interactive componentsand features for managing special types of content.The included interactive components are:SITE ADMINISTRATION AND SECURITY  Approval Cycle  Image Library  Archive Bin  Multiple File and Image Uploading  Audit Trail Log  Role-Based Security  Automatic Content Archiving  Submission Validation (reCAPTCHA)  Content Review and Publishing  Recycle Bin  Component Manager  Updated and Expired Content  Content Scheduling Reporting  Document Central  Web Traffic Statistics1  Email Address Masking  WorkspaceCONTENT EDITING  Advanced WYSIWYG Editor  Style Gallery  Paste from MS Word  Table Wizard  Search and Replace  Undo/Redo  Spell CheckerADVANCED NAVIGATION MANAGEMENT  Automatic Breadcrumbs  Link Redirect  Connected Pages  Navigation Control  Content Categories  Page Linking1 Included with Vision Internet hosting. City’s Initials_____ Contractor’s Initials_____ Page 2
  • 235. Attachment A  Dynamic Drop Down Menus  Single-Source Publishing  Error 404 (Page Not Found) Handling  Site Search (Google CSE)  External Link Splash Page  Sitemap Generator  Friendly URL ManagerUSER EXPERIENCE AND INTERACTIVITY  Business Directory  Job Postings  Calendar System (Monthly, Weekly,  News and Newsletters Daily, and Yearly Views)  RFP Postings  Community Spotlight  Rotating Homepage Banners  Dynamic Homepage  Service Directory  Facility Directory  Staff Directory  Facility Reservations  Sticky News  Form and Survey Tool  Weather Update  Frequently Asked Questions  govTrack CRMTMDEPARTMENT MANAGEMENT  Department-Level Administration o Calendar o FAQ o News o Photo Gallery o Staff Directory  Department-Level Navigation  Department-Level Sitemap  Dynamic Department HomepagesOUTREACH, MEDIA, AND SOCIAL NETWORKING  Agenda and Minutes Manager  Integrated Twitter™ API  Audio and Video Embedding 2  OneClick Social NetworkingTM  Bookmark and Share  Photo Gallery  e-Notification  RSS FeedReader  Emergency Homepage Alert  RSS Feeds  Event Share  visionMobileTM  Forward to a Friend2 Vision Internet does not provide streaming media; however, the Vision CMS is able to embedvideos such as YouTube. City’s Initials_____ Contractor’s Initials_____ Page 3
  • 236. Attachment AACCESSIBILITY  Automatic Alt-Tags  Google Translation Integration  Dynamic Reader Download Links  Printer Friendly Pages  Table Accessibility ToolsKey interactive components are described in detail below.Approval CycleFor websites where content authorship and updates are distributed throughout anorganization’s departments, it is helpful to implement the Approval Cycle where contentupdates and changes do not go live on the website until one or more persons have approvedthem. Our clients find that having the Approval Cycle allows website maintenance to bedelegated while ensuring consistency throughout the site. This eliminates errors and the postingof inaccurate content.Our Approval Cycle allows you to segment the management of content by groups of users(such as departments), in addition to types of content as determined by the interactivecomponents. Unlike most content management systems available today which restrict you toonly two-step workflows such as authoring and publishing, the Vision CMS is extremely flexibleallowing you to define as many workflows as you require with as many steps in the approval asyou deem necessary! As your work requirements change overtime, you will want the flexibilityand scalability of the Vision CMS to customize your current and future approval process needs.Calendar SystemInteractive calendars are a staple of local government websites and are an essential tool foryour site’s success. The dynamic Calendar System can be used to improve attendance at yourevents and meetings by making it easier for users to find the types of events important to them.The Calendar System allows staff to create calendars for any department or category your staffchooses. These calendars can share events, preventing duplication of effort.Calendars can be implemented in a user-friendly monthly or yearly format. To assist usersfurther, your website’s Calendars will have filtering tools that allow them to find information bymonth, category, or even departments. This makes it quite easy to locate specific information.Our dynamic Calendar System contains a number of advanced functions including:  Recurring events function  Automatic archiving  Integration with e-Notification component  Ability to create and assign filtering categories to events  Ability to restrict use of categories by specific staff  Ability to control which events to include on the homepage of the site  Ability to insert calendar pages anywhere in the site navigation  Ability to apply different calendar formats including standard monthly calendar and a listing of events  Add to my Outlook, Google, and Yahoo calendars link  Automatic event address link to Google Maps for driving directions City’s Initials_____ Contractor’s Initials_____ Page 4
  • 237. Attachment A  Automatic RSS feedsNOTE: With the e-Notification component, calendar events may also be broadcast tosubscribers via email.NewsBy posting news on your site, you will improve communication with your target audiences. Ourexperience is that news can take many forms, including press releases, feature stories, and“what’s new” content. With our News component, each of these types of news can beimplemented onto a single section of the website or have their own separate area. To ensureusability for website visitors while providing simplicity for staff, news content is automaticallymoved to an archive section at a predefined interval after publishing. Website visitors can alsobrowse the archive by category. This is a great way to provide a historical archive while makingsite administration easy. Additionally, RSS feeds of the News are automatically available towebsite visitors.NOTE: News integrates with eNotification for broadcasting information to subscribers via email.e-NotificationIncrease communication, draw in more repeat users, and get important information out morequickly, using our email based e-Notification tool. Our tool provides a sign-up box allowingusers to add their email addresses to receive important notices, and set their preferences forthe e-Notifications they would like to receive. Each registration is verified via a confirmationemail that the user must respond to in order to complete the registration process. This samemechanism allows each user to change preferences including opting out from subscription lists.To better manage the e-Notification process, your staff can see how many subscribers there arefor each category, plus edit subscriber information and export the subscriber database for usein other systems.The best part about our e-Notification tool is that it also integrates with the Calendar, JobPostings, RFP Postings, and News and Newsletter components, giving you the ability tobroadcast event and news content from your website to your subscribers. There is no need torecreate the content. This integrated approach enables your users to sign up for different typesand categories of content on a single subscription page in order to have it delivered directlyinto their email box.Bookmark and ShareThe Bookmark and Share component is a Web 2.0 feature that helps you spread your contentacross the web. It makes it easy for website visitors to bookmark and share your content amongtheir favorite social destinations on the web. This tool allows website visitors to share yourcontent with popular social networking and news sites including Facebook, Twitter, Delicious,Digg, Reddit and MySpace.Business DirectoryOne way to promote local businesses is the use of a Business Directory in the City’s website.This supports local industry and businesses by increasing their ability to reach anational/international market while at the same time making residents more aware of them.When you list businesses on your website, their individual websites may receive higherplacement in search engines because of your link to them. City’s Initials_____ Contractor’s Initials_____ Page 5
  • 238. Attachment AThe Business Directory is an interactive index of local businesses. Your staff can post abusiness’s name, description, location, contact information, links to their sites, and, if available,a graphic (i.e. logo or photo). Users would then be able to browse an alphabetical listing ofthese businesses or filter the directory based upon categories you define.Component ManagerThe Component Manager allows your administrator to create dynamic and user-centric pages.Depending on the settings, content in the page can be automatically displayed and expiredwithout any managerial time from the administrator. For example, the administrator can createa component page displaying events of a particular category and/or department. When anevent has expired, it will automatically be placed in a past events view. In addition, for somecomponents, there are multiple views to layout content to enhance users’ usability experience.This feature gives you the flexibility to create dynamic content pages in most any area of yourwebsite.Community SpotlightBeing able to draw attention to important information is a necessity on a local governmentwebsite. With the Community Spotlight, your website can have a prominent area on thehomepage that highlights community events, classes, announcements, business opportunitiesand other information that would be especially important to your residents. Your staff will beable to link Community Spotlight notices to webpages with additional details and change thehighlighted item to reflect current community events.Connected PagesContent on your website may be relevant to different departments, and thus may need toappear in different navigation areas throughout the site. Connected Pages, unique to VisionInternet, allows you to create multiple instances of any web page and place them in differentareas of the website. Changes made to any instance of a Connected Page are reflectedimmediately across all other instances, saving your staff precious time and eliminatingduplication of effort, while keeping information on the website consistent and easy to find.Department ManagementKey components on your website, including the dynamic Calendar System, News andNewsletters, Frequently Asked Questions, and Job Postings, are setup to allow end-users tofilter through content by department. Additionally, your departments can choose to displaytheir department-specific items on their own custom pages. For example the Parks andRecreation department can have their own events on their own calendar.To provide consistency throughout the site, these department settings are managed in one-central location similar to the Component Category Manager. The Department Manager allowsyour website administrator to add unlimited departments, rename existing department names,and delete any unused departments from the list. Any change made from this component willautomatically be reflected on all department functions throughout the website. Instead oflimiting you to a certain number of department entries, this component empowers you withUNLIMITED potential as you maintain your website now and in the future.Emergency Homepage AlertIn the case of an emergency, it is extremely important for cities to reach out to residents in themost efficient way possible. By doing so, potentially life-saving information reaches those who City’s Initials_____ Contractor’s Initials_____ Page 6
  • 239. Attachment Aneed it most. Notifying the City’s website users is simple with the Emergency Homepage Alert.The notice is easily customized and can be prepared in advance with common evacuation orshelter information. The Emergency Homepage Alert would prominently cover the main area ofthe homepage so users would not miss it.Form/Survey ToolInteractive forms are the staple of an effective government website. They allow users tocommunicate and interact with their government at convenient times. Vision Internet’sForm/Survey Tool can be used to develop online forms for asking questions, getting feedback,or submitting applications. Keep in mind that these online forms can be used for replicatingmany paper forms the City uses, including service requests.The Form/Survey Tool also provides you with the ability to easily create your own online surveysand track the results in real-time. In contrast to the traditional paper survey approach, onlinesurveys are more convenient because they eliminate the time and expense of mailing backresponses. Furthermore, you can display the results in several formats, including graphicalrepresentations. This allows your staff to aggregate the responses and view them in reportformat.Along with the ability to create your own online forms, we will also include a set of 12 formtemplates. You can customize these forms to be used for employment applications, servicerequests, business license applications, gathering feedback, submitting events to the website’sonline calendar, and satisfaction surveys. Additionally, your staff can customize these forms formore specific functions.The tool supports fill in the blank, multiple choice, multiple select, and ranking type questions. Italso has an export function so you can analyze the results using Excel or any other programcapable of importing CSV files. This is a third party tool, so only graphic design may becustomized and the Approval Cycle functionality is not available.Forward to a FriendWhat better way to build traffic to your website than through the Forward to a Friendcomponent. In content rich websites like yours, people will often find information they want toshare with others. With the Forward to a Friend component, you can easily forward a page ofinterest to a coworker, friend or colleague. Additionally, the interactive components willautomatically have a link for forwarding to a friend. The simple form asks for both the senderand recipient’s email addresses and, if they care to, allows comments to be sent with the pagelink. The recipient will receive a short email from their colleague directing them to a specificpage on your website. This component empowers your online visitors to share information fromyour website that they find particularly useful.Frequently Asked QuestionsFrequently Asked Questions (FAQ) are a website staple that visitors have come to expect. Whiletraditional FAQs consist of long lists of questions that may overwhelm users, our componentprovides a simple and easy way for them to find the information they need. Website visitors areable to browse the list of questions (and answers) by categories you define. Multiple categoriesmay be assigned to each question so that your visitors will be able to find answers based uponthe category that best matches what they are looking for.Your staff will also love the feature because our component presents a much simpler solution tocreating FAQs. Questions and their associated answers are submitted through a simple andcentralized interface. Our component does the rest! City’s Initials_____ Contractor’s Initials_____ Page 7
  • 240. Attachment AgovTrack CRMTMIt is important for cities like San Angelo to provide their residents with advanced features forrequesting services online, saving both your users and your staff time. Vision Internet canimplement our advanced govTrack CRMTM for your website.Your residents will be able to make service and information requests based on categoriesdefined by the City. Users can also send comments and files (such as photos of a street lamprequiring maintenance, graffiti that needs to be removed, etc.) to the case processor so thatthey will have a clearer idea of the work that needs to be done. These requests will beautomatically routed to the appropriate case processor and a confirmation email will be sent tothe user. Passwords provided to users will allow them to log-in and track the progress of theirrequest throughout the process. Users will also receive emails updating them on their requests.Additionally, because govTrack CRMTM is integrated with the included Frequently AskedQuestions component, your users will also be able to check for common solutions to theirproblem before sending it to the City.Assigned case processors will be notified of service requests by email. After logging-in, an easy-to-use queue will show them a list of pending requests, including highlighted overdue projects.Either City staff or a contractor can be assigned as a case processor and receive servicerequests; since requests do not need to be accessed via the Vision Content ManagementSystem, you do not need to worry about granting access to the website’s backend to non-Cityemployees.Image LibraryThe Image Library is a centralized place where all images used in the website are stored. Thissaves space because only a single version of each image is used on the entire site. This alsoprovides greater control, as you can restrict the ability to add new images to specific staffmembers within your organization. Images remain archived when deleted to prevent accidentalbroken links within the website while the content management system tracks all pages usingindividual photos to make it easier for you to replace images in individual pages.The Image Library also incorporates several components that make managing images mucheasier. They include automatic scaling and sizing of photos to the maximum size recommendedfor your website plus automatic alt-tag insertion for images added to pages to ensure futureSection 508 compliance.Job PostingsJob Postings is one of the most popular types of content on local government websites. Byposting jobs within the site, you are both attracting possible candidates and averting the floodof telephone inquiries about positions that do not exist. This, of course, keeps youradministrative costs down.Our Job Postings component makes posting jobs a snap. Your HR staff fills out a simple formwith fields such as position, department, salary, and benefits. Staff can schedule when postingsgo live on the website and when they expire, thus simplifying the process and reducing youradministrative time and costs.To make it easy for users, postings can include interactive components for filtering availablepositions by category, type of position, posting date, and salary. As is normal for all ourcomponents, your staff is able to define the categories or classification of Job Postings.NOTE: With the e-Notification component, job postings may also be broadcast to subscribersvia email. City’s Initials_____ Contractor’s Initials_____ Page 8
  • 241. Attachment AOneClick Social NetworkingTMThe innovative OneClick Social NetworkingTM component will allow your staff to post content toyour website and to the most popular social networking sites, such as Twitter and Facebook,with one click - saving your staff precious time and helping you broadcast your news, alerts,events and other notices easily and selectively all across the web. OneClick Social NetworkingTMworks by generating an RSS feed of each component, which can be connected to Twitter,Facebook and any other tool that allows importing of RSS feeds using a third party service.Our OneClick Social NetworkingTM component integrates with the included Dynamic CalendarSystem, Job Postings, News and Newsletters, and RFP Postings components.Photo GalleryNothing spices up a website like pictures. With our Photo Gallery component, your websitevisitors can browse through images of your beautiful city and its exciting events. Users can viewphoto albums defined by your staff, and either look at images via thumbnails or a slide show.Simply upload the image from the Image Library to the new album and add a caption;thumbnails are created and added to pages based upon the predefined template. To make iteasier for website users to find photo albums of particular events, the Photo Gallery may beviewed as either a thumbnail display or as a Flash view listing.RFP PostingsTo make future Requests for Proposals simpler, easier to manage, and more cost effective, thewebsite can include an RFP Postings where they can be posted along with amendments andupdates.Potential vendors can download RFPs in a PDF format. Because RFPs are time sensitive, you canschedule when the RFP posting would be live on the website and when it would be removed,thus ensuring your website is kept up-to-date with minimal staff time required. Additionally theRFP Postings can be integrated with our e-Notification system to alert users by email.Rotating Homepage BannersRotating Homepage Banners is a great way for you to mix up the design on your site, andensure that your homepage always looks fresh and inviting. You can easily change the images atany time, and each rotating image can be set to link to a different page on the site, allowingyou to use the banner area to highlight special features, events and services. This makes it agreat marketing tool!RSS FeedReaderIn contrast to our RSS Feeds feature, which allows users to syndicate content from your websiteto their readers such as My Yahoo, iGoogle, My MSN etc., the RSS FeedReader allows you tosyndicate content from other websites into your website. Syndicated content can vary and beselected by you to include feeds about your overall organization or individual departments,making your website more comprehensive and up-to-date.RSS FeedsRSS (Really Simple Syndication) Feeds keep local residents, potential visitors, and othersubscribers up-to-date on important news, events, and announcements from your website.Users can subscribe to your website and receive automatic updates in their RSS readers, mobile City’s Initials_____ Contractor’s Initials_____ Page 9
  • 242. Attachment Aphones and personal homepages (such as iGoogle, My MSN and My Yahoo!) as a convenientway of remaining current on community events.Service DirectoryKey to serving your community is making it easy for them to find the services they need. Whilewe generally recommend organizing information by topic or service in addition to bydepartment and target audience, the interactive Service Directory allows users to filter or searcha list of services by category, department, and keyword, thus simplifying the entire process.For each service in the directory, you can provide a title and description plus associate theservice with contacts in the Staff Directory.Staff DirectoryIt is often difficult for website visitors to find the correct person to contact in a governmentagency. However, the useful Staff Directory component greatly simplifies this search. It can listall staff persons, departments, even related agencies and partners, along with their contactinformation and description of their role or area of specialization. Your website users will lovethe convenience, simplicity, and accessibility; they can easily filter the list of staff based uponname, department, or other criteria determined to be important to them.Additionally, your staff will be pleased that they can make their email addresses available toothers without exposing their contact information to spammers. Our component “masks” emailaddresses so that email-harvesting software used by spammers cannot automatically extractthem from your website.Updated and Expired Content ReportingThis handy administrative feature provides website administrators a snapshot of websiteactivities. An initial search can display expired content, created or updated content, then can befurther filtered by content type or by department. Need to quickly find out what section of yourwebsite hasn’t been updated for a while? Curious to see which department has been mostactively creating new content? The Updated and Expired Content Manager makes websiteoversight easy!visionMobileTMvisionMobileTM dynamically converts all standard web pages and key components, such as theCalendar, News and Newsletters, Job Postings, and FAQs, to your mobile website. Updatesremain simple and easy with dynamic posting to the traditional website and the mobile version.Also, intuitive navigation allows users to go through all page levels with ease. Your website willbe compatible with all major smart phones including iPhone, Blackberry, Android, WindowsMobile phones and more.In order to implement visionMobileTM, Vision Internet will do the following:  Vision Internet will create a design for the mobile interface.  Vision Internet will modify the existing website code to add the ability for the site to detect when a user is visiting from a smart phone and send them to the new mobile format.  visionMobileTM will be compatible with iPhone OS Safari 4, Android Chrome 4, Windows Mobile OS IE 6, BlackBerry Browser 4.5 and 5.0, Opera Mini 4 and 5, and Palm webOS.  visionMobileTM may not be compatible with previous or future versions. City’s Initials_____ Contractor’s Initials_____ Page 10
  • 243. Attachment AWeather UpdateWeather information is often important to visitors of government websites. By offering the localweather on your own site, your online users will come into the habit of regularly visiting it andthus become more familiar with the City and all that you have to offer them. For your website,we will implement NOAA or Yahoo weather at no charge.WorkspaceTired of constantly checking the content management system for content changes needingapproval? Built especially to help manage the content publishing process, the Workspacefeature provides a central location for website administrators to review pending contentchanges for your website before they are published. This view is customized to show only thecontent relevant to you that is ready for publishing approval. You can filter items by contenttype, review the changes, and approve multiple items – all with this one great feature!Optional Interactive Components and FeaturesIn addition to the included interactive components above, we can also offer you a number ofadditional features. Below are details on some of these options. Please note that because ourcontent management system is so flexible, you may add these at any time in the future for anadditional budget.Virtual TourismIn addition to the components described above, the City may wish to implement additionalcomponents for Virtual Tourism. This includes Panoramic Video and other travel relatedfeatures. As a firm that creates custom solutions, we can discuss developing these componentsfor you.There are several different ways we can implement these, including modifying our pre-existingcomponents, creating custom components, or helping the City find third-party tools.We can discuss these with you during the consulting phase of your project. We will help the Cityfind the best solution based on its needs and budget. City’s Initials_____ Contractor’s Initials_____ Page 11
  • 244. Attachment AIntegrated Web 2.0/Gov 2.0Internet technology is always evolving, and Vision Internet believes it is important forgovernment websites to take advantage of new technologies to enable their audiences to getthe information they want, when they want it, and on the device they prefer. Vision Internet’scontent management system includes many Web 2.0/Gov 2.0 features built right in. Thesehelpful and handy features include RSS feeds, Twitter API, “Bookmark & Share” links, and more.Also available are advanced tools like optional OneClick Social NetworkingTM which allows youto post content to your website and social networking sites with one click. We can alsoimplement blogs, message boards, and integrate virtually any third party system you may wantto include in your site. The flexibility and extendibility of the Vision Content ManagementSystemTM assures that it can easily adapt to new technologies that continue to emerge in thefuture.Integration of Third-Party Components and DatabasesToday, there are many advanced components for such functions as:  eCommerce Systems  GIS Mapping  Online Applications and Fee Payments  Park and Recreation Services  Permitting  Service Requests (CRM)  Streaming Video  Vendor Registration  OthersOur content management system can easily work with these third-party systems, provided theyare web-enabled. Most of these types of components can be given the same look and feel asyour main website via modifications to the presentation template. For your project, we willprovide you with an HTML template that vendors of these third-party components can use. Wewill also integrate links to these third-party components into the overall website navigation.There are many examples of where we have used this approach, including the Cities of NewportBeach, CA; Wilsonville, OR; Rancho Cordova, CA; and many others.Another approach is to create a web interface for existing third-party databases. We used thisapproach in displaying tax records exported from a mainframe system for Vanderburgh County,IN; crime statistics from California state databases for the City of Citrus Heights, CA; Contractorinformation from city databases for City of Hamilton, OH; and staff and student contactinformation from school databases for the UCLA School of Law.These are just a few examples of our extensive experience working with third-party databasesand systems. While interfaces to third-party systems are not included within the budget, theyare available for an additional fee. We will provide a firm quote for interfaces after analyzing thedatabases and requirements during the consulting phase of your project. City’s Initials_____ Contractor’s Initials_____ Page 12
  • 245. Attachment AThe Vision ProcessContractor’s process consists of six stages. In each, there are formal review and approval pointsto give you full control of the project and ensure the final website meets your expectations. TheVision Process is explained in the sections below.The six stages of the Vision Process are explained in the sections below:Stage 1: Vision StageIn the Vision Stage, we work with you to create the vision for your website now and for thefuture. The Vision Stage emphasizes the objectives of the website and how it supports youroverall organizational goals. This vision then guides each subsequent step in the process.To create this vision, we will:  Prepare and review a survey document which will focus on goals and objectives.  Review your existing website and those of similar cities.  Study examples of other websites you like.  Review project goals and timeline.  Collect content and materials for the new website.The heart of this stage is defining the vision for the project, setting goals, and timeline toensure the project’s success.Stage 2: Concept StageIn the Concept Stage we realize the vision through:  Defining the navigation strategy.  Review and recommendation of interactive components and features to ensure streamlined navigation through special types of content.  Creation of a homepage layout wireframe that shows the placement of key information and dynamic content.The Concept Stage will conclude with your satisfaction and approval of the homepage layoutwireframe.Stage 3: Design StageIn the Design Stage our team continues with the graphic design for your homepage. Ourcreative ability and expertise allows us to develop a compelling graphic design whilemaintaining its usability. We work closely with your staff to establish a look and feel that reflectsyour community. Our world-class designers take the time to create a truly professional designthat incorporates graphics, photos, fonts, colors, and other design elements that fit together tocreate a stunning, harmonious design. We create a unique homepage design concept basedupon your direction and input plus do all revisions as necessary. The Design Stage will concludewith your satisfaction and approval of the homepage design comp.Stage 4: Development StageDuring the Development Stage the process continues as we create the interior page designthen program the website. Development includes implementation of the Vision Content City’s Initials_____ Contractor’s Initials_____ Page 13
  • 246. Attachment AManagement SystemTM and integration of the interactive components and features. Quality isensured by our extensive experience, testing, and the proven Vision CMSTM.Included in the scope of your project is the content migration of up to 50 pages into the newwebsite. We can provide guidance on the best practices for web content writing and will trainyour staff on the best approach for migrating additional content. Alternatively, at your requestwe can provide a price quote to migrate additional pages.Migration is not a simple cut-and-paste process. As part of our migration service, we review theformatting and layout of each page, reformat it using the new site’s design styles, and lay it outin a way that conforms to industry best practices for impact and readability.Stage 5: Quality Assurance, Documentation, and Training StageWhile quality assurance is an integral part of every stage of the project, in the QualityAssurance, Documentation, and Training Stage we:  Perform extensive functional testing.  Review content.  Create a custom training manual that incorporates actual screenshots of your site.  Provide administrator and content editor training.For your project we will provide our web-based training. This train-the-trainer approachteaches your project manager how to use the site for content editing in addition to detailedinstruction on advanced administrative functions including system configuration, systemmaintenance, reporting, and strategies for future expansion. Alternatively, onsite classroom-style training is available for an additional fee of $3,290 for the first day and $1,250 for eachadditional day – inclusive of travel costs and travel time. Classroom-style training is in twosessions. One for your staff members on content editor training and the other session foradvanced administrator training. You would simply need to provide a location with computersand internet access and we recommend up to ten people per session. Typically one or two daysare adequate since our system is so easy to use and comprehend.Note that the custom training manual incorporates screenshots from your website, making iteasy for staff to understand and use. It is an excellent reference for new staff to use as well.Stage 6: Launch StageIn the Launch Stage, the website is moved to the production server. Our launch processincludes the installation of necessary software, making configuration changes, and transferringcode and content. Once transferred, we again go through the final quality assurance process toensure the site transferred correctly plus do a final check for broken links, Section 508compliance, and others. The site will be available to the public upon your final approval. City’s Initials_____ Contractor’s Initials_____ Page 14
  • 247. Attachment AProject ScheduleThe table below shows our recommended development and launch schedule along with a list ofkey deliverables/milestones.Implementation Step Avg. DurationVision Stage  Initial kick-off call with San Angelo’s project manager 2 – 4 Weeks  Survey preparation and review  Review project goals and timelineConcept Stage  Define navigation strategy 2 – 4 Weeks  Homepage layout wireframeDesign Stage  Unique, custom graphic design 3 – 4 Weeks  Custom icons, buttons, screen elements, and backgrounds  Homepage design compDevelopment Stage  Implementation of Vision CMSTM 4 – 9 Weeks  Integration of interactive components  Migration of up to 50 pages of contentQuality Assurance, Documentation, and Training Stage  Final testing 2 – 3 Weeks  Customized training manual  Web-based trainingSoft Launch & Final Launch  Move website to production server 2 Weeks  Completed website  Website goes liveTotal estimated time to launch 15 – 26 Weeks* The schedule may vary depending on additional components and participant decision times. City’s Initials_____ Contractor’s Initials_____ Page 15
  • 248. Subscription Services AgreementVision Internet Providers IncorporatedAccount Terms and ConditionsThese Terms and Conditions, and any addendum signed by the parties and attached hereto, represent thecomplete agreement and understanding (“Agreement”) between Vision Internet Providers Inc. ("VisionInternet"), a California corporation, and the City of San Angelo, Texas ("Client"), and supersedes anyother written or oral agreement with regard to the Subscription Services provided for herein. Client andVision Internet are sometimes individually referred to as “Party” and collectively as “Parties.”1. Ongoing Service ProvisionsPursuant to the terms herein, Vision Internet agrees to provide Hosting Services, Upgrade Services, andSupport Services (collectively "Subscription Services") as defined below for the Clients website, whichwill utilize the Vision Content Management System (“VCMS”) developed under the agreement titled“Website Development Services Terms and Conditions, (“Website Development Agreement”)”. If Clientand Vision Internet have already entered into a separate agreement which includes hosting services, thenthis Agreement shall supersede, replace, and amend any and all conflicting provisions of such prioragreement. Vision Internet will provide Subscription Services to the Client in exchange for payment offees and compliance with the terms and conditions of this Agreement. Subscription Services are definedas follows: (a) Hosting Services Vision Internet will provide shared website hosting on a Microsoft Windows Server and shared database hosting on a Microsoft SQL Server for one (1) unique domain. (b) Upgrade Services Vision Internet will provide Upgrade Services which include: • Enhancements to the backend VCMS functionality • Enhancements to the Included Interactive Components that were developed under the Website Development Agreement • New Interactive Components released from time to time according to the visionLive Roadmap • Bug fixes to the VCMS code • Updates to provide compatibility to future versions of supported web browsers within three months of its release To receive the Upgrade Services, a non-interrupted Subscription Services Agreement must be in place from time of website launch and the VCMS must be unmodified. Upgrade Services do not include:  Optional Interactive Components  Modules, Programs, or Software Applications  Conversion to new platforms  Modification of third-party products 1 Client’s Initials_____ Vision Internet’s Initials_____
  • 249.  Updates to provide compatibility to third-party products, except for those included in VCMS  Upgrades that require modification to website design  System configuration, website content editing and/or formatting, website design, custom data updates, etc. (c) Support Services Support Services is defined as technical support for the unmodified VCMS. Vision Internet will provide Support Services to a designated Client account manager, system administrator or webmaster. Technical support is generally available by email and telephone from 7:00 AM to 5:00PM Pacific Time Monday through Friday excluding holidays (“Business Hours”), with emergency support available 24 hours a day, 7 days a week. An emergency is defined as the website being down for more than ten (10) minutes. (d) Redesign Services At the conclusion of year four of an uninterrupted Subscription Services agreement, the Client will be entitled to a basic graphic redesign of the website. Services shall include:  Project Management  Wireframe Development  Graphic Design Development with one preliminary concept  Graphic Production Vision Internet will not develop new content as part of the redesign, but will assist the city in transferring existing content into the new design2. FeesRate: $6,000 per year payable to Vision Internet in U.S. funds in advance, which rate shall be increasedby three percent (3%) per year, for each year of the Initial Term (defined below), and any and all renewalterms, as provided in Section 3 below. Vision Internet shall invoice Client annually within thirty (30)days of start of service or any renewal term as defined below. Any services not covered in thisAgreement will be subject to additional fees and will be considered extra work (“Extra Work”). ExtraWork will be billed at Vision Internet’s prevailing hourly rates, which are currently as follows: HTMLProgramming, Content Migration, $85/hr; Graphic Production $95/hr; Quality Assurance, Testing, Debugging,Technical Support, Webmaster Services, $105/hr; Consulting, Project Management, Database Design,Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr. Client shall be responsible for any or alladditional fees including, without limitation: software, applications, online promotion, marketing, copy writing,redesign, change orders, mailings, and fees to any third party vendors if applicable. Calls outside of BusinessHours not deemed an emergency as defined above will be subject to a minimum fee of $135.3. TermThe Subscription Services will begin when the website is hosted on the production server and remain ineffect for a period of four years thereafter (the “Initial Term”). With respect to the Initial Term, unlessone party has given written notice to the other party of its intent not to renew this Agreement at leastthirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a year-to-year basis thereafter until one party gives written notice to the other of its intent not to renew thisAgreement at least thirty (30) days prior to the expiration of any renewal term. If the term of this 2 Client’s Initials_____ Vision Internet’s Initials_____
  • 250. Agreement is extended or renewed in accordance with the foregoing, all of the terms and conditions ofthis Agreement shall continue, unmodified, in full force and effect, until the end of the last applicablerenewal or extension term, except that all rates, fees, charges, and compensation payable to VisionInternet hereunder shall be increased by three percent (3%) per year, for each annual renewal termextending the term hereof.4. Subscription Services Website Usage (a) The Client shall use the Subscription Services in strict accordance with, but not limitedto, all local, state, and federal laws. The Client shall not use the Subscription Services for any unlawfulor destructive purpose including, but not limited to, copyright and/or trademark infringement. The Clienthereby represents and warrants that any text, data, graphics, or any other material displayed or publishedby the Client on their Website is, and shall continue to be, throughout the term of this Agreement, freefrom violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory,common law or proprietary or intellectual property rights of others, and is free from obscene or libelousmaterial. (b) The Client represents and warrants that it has or has obtained all rights necessary todisplay all the images, data, information or other items being displayed at the Clients Website. TheClient expressly authorizes Vision Internet to display those images, data, information or other items. (c) The Client shall not misuse any of Vision Internets resources or cause any disruption toVision Internets business ("Misuse"). Examples of Misuse include, but are not limited to, the display ofpornography or linking to pornographic material, the sending of chain letters, advertisements,solicitations, or mass mailings to individuals who have not agreed to be contacted in this manner(including, but not limited to, what is commonly referred to as “Spam”). (d) The Client shall not use any process, program or tool via Vision Internet for gainingunauthorized access to the accounts of other parties, including but not limited to, other Vision Internetclients, customers or account holders or other Vision Internet systems. The Client shall not useSubscription Services to make unauthorized attempts to access the systems and networks of others.Client shall not use Vision Internets services as a door or signpost to another server. (e) The Client shall not use Subscription Services in a manner in which system or networkresources are denied to other Vision Internet clients, customers or account holders. This includes, but isnot limited, to excessive memory usage and programs that consume excessive CPU resources. (f) The Client will have password access to the VCMS through the Subscription Services.The Client agrees to be responsible for keeping all passwords secure and will immediately notify VisionInternet if a password is lost, stolen or compromised in any way. The Client shall be responsible for alluse of Subscription Services accessed through the Clients passwords. The Clients passwords are nottransferable to any third party and are subject to any limits established by Vision Internet.5. Disclaimers and Acknowledgments (a) The Internet (i) The Client acknowledges that, when using the Internet, the Client is using a 3 Client’s Initials_____ Vision Internet’s Initials_____
  • 251. completely different physical network than the Vision Internet communications network and differentcontent than available on Vision Internet. The reliability, availability and performance of resourcesaccessed through the Internet are beyond Vision Internets control and are not in any way warranted orsupported by Vision Internet. The Client acknowledges that safeguards relative to copyright, ownership,decency, reliability and integrity of content may be entirely lacking with respect to the Internet andcontent accessible through it. Vision Internet makes no warranty that any systems accessed will be freeof computer viruses. The Client is responsible for making backup copies of their files. The Clientassumes all risk and liability of its use of the Internet. (ii) The Client specifically acknowledges that Vision Internet provides access toother systems not controlled by Vision Internet including, but not limited to, discussion groups, Websitesand databases, that may contain pictures and language intended for adult audiences. The Client furtherunderstands that Vision Internet is not responsible for any damages that may result from exposure to suchmaterial and the Client shall hold Vision Internet harmless from any damages that may result. (iii) Vision Internet does not warrant any connection to, transmission over, norresults of use of, any network connection or facilities provided under this Agreement. Vision InternetMAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OFMERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSEWHATSOEVER. Vision Internet assumes no responsibility for any damages suffered by the Client,including, but not limited to, server down time, loss of data, loss of business, mis deliveries, delays, nondeliveries, access speed, or service interruptions of any kind. In no event, at any time, shall the aggregateliability of Vision Internet exceed the amount of fees paid by Client to Vision Internet and VisionInternet shall not be responsible for any lost profits or other damages, including direct, indirect,incidental, special, consequential or any other damages, however caused. (iv) The Client acknowledges that the information available through theinterconnecting networks may not be accurate. Vision Internet has no ability or authority over thematerial. In addition, Vision Internet has no liability for the quality, accuracy, or validity of thedata/information delivered over the Internet. Use of information gathered through the use of VisionInternet services is at the risk of the Client. (b) Domain Name and Secure Digital CertificateIf agreed to under this Agreement, Vision Internet will apply for a custom domain name of the Client’schoosing. Vision Internet cannot guarantee the availability of any particular name. Client is responsiblefor all fees charged by the registrar (i.e. Verisign or Dotster) including setup and renewal fees. Clientshall be responsible for all licensing fees, if any, including but not limited to secure digital certificaterenewal fees. Vision Internet shall not be responsible for maintaining or renewing domain names, digitalcertificates, or any other third party registrations.6. Indemnification (a) Vision Internet will defend, hold harmless and indemnify Client from and against allliability costs and expenses including reasonable attorney fees resulting from claims of injury to person,damages to property, or monetary damages arising out of Vision Internets negligence or intentionalmisconduct. 4 Client’s Initials_____ Vision Internet’s Initials_____
  • 252. (b) The Client will defend, hold harmless and indemnify Vision Internet, its officers,directors, shareholders, employees and agents from and against all liability costs and expenses includingreasonable attorney fees resulting from claims of injury to person, damages to property, or monetarydamages arising out of the Client’s negligence or intentional misconduct.7. DefaultsThe occurrence of any one or more of the following shall constitute an Event of Default under thisAgreement: (a) Any Misuse of Vision Internet resources that disrupts Vision Internets business. (b) The Clients breach of any representation, warranty, term or provision of this Agreement.8. Remedies (a) If Vision Internet discovers that the Client is displaying content that is in violation of anyof the foregoing provisions, Vision Internet may discontinue or suspend access to the Clients Websitewithout prior notice, until the violating item(s) have been resolved. However, the Client shall remainliable for all payments due under this Agreement as if access had not been interrupted; (b) If an Event of Default occurs, Vision Internet may immediately discontinue or suspendaccess to the Clients Website without prior notice and may immediately terminate this Agreement.However, if access is only suspended, the Client shall remain liable for all payments due under thisAgreement as if access had not been interrupted; and/or (c) If an Event of Default occurs and remains uncured for at least ten (10) days after VisionInternets delivery of written or email notice to Client, Vision Internet may immediately terminateSubscription Services and this Agreement.9. Documents & Data; Licensing of Intellectual PropertyThis Agreement creates a non-exclusive and perpetual license for Client to copy, use, or modify for itsown use, any and all copyrights, designs, and other intellectual property embodied in this website, whichare prepared or caused to be prepared by Vision Internet under this Agreement (“Documents & Data”), towhich Vision Internet retains ownership of all intellectual property rights. Notwithstanding anythingto the contrary in any of the agreement documents, Client understands and agrees that Vision Internetshall retain all right, title, and interest to the Vision Content Management SystemTM (also known as theVision Internet Content Management System, VCMT, VCMS and the Vision Content ManagementTool), and Dynamic and Interactive Components.10. Other (a) The headings in this Agreement are intended solely for convenience and shall be givenno effect in the construction or interpretation of this Agreement. (b) The Client agrees that a failure to exercise or delay in exercising any right, power orprivilege on the part of Vision Internet will not operate as a waiver or estoppel thereof. 5 Client’s Initials_____ Vision Internet’s Initials_____
  • 253. (c) Neither the course of conduct between parties nor any trade practice shall act to modifythe provisions of this Agreement except as expressly stated herein. (d) This Agreement shall be governed by and construed in accordance with the laws of theUnited States of America, and the State of California. Any cause of action of the Client with respect tothe services provided hereunder must be instituted within one year after the claim or cause of action hasarisen or be forever barred. Further, jurisdiction and venue for any cause of action or claim with respectto the services provided hereunder shall be exclusively in the County of Los Angeles. (e) Except for any injunctive relief or similar remedy, which may be sought in any court ofcompetent jurisdiction, any controversy, dispute, claim or counterclaim, whether it involves adisagreement about this Agreement or its meaning, interpretation, or application; the performance of theAgreement; questions of arbitrability as to subject matter of the dispute; whether an agreement toarbitrate exists and, if so, whether it cover