Your SlideShare is downloading. ×
January 22, 2013 Agenda Packet
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

January 22, 2013 Agenda Packet

2,408

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
2,408
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
5
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 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, January 22, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “School Board Recognition Month”, January 2013, to be accepted by Lanny Layman, Board President, San Angelo Independent School District D. Recognition Brian Groves, City of San Angelo Employee, for outstanding service and excellent work as the City’s Multimedia Coordinator E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the January 8, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid WU-17-12 for Liquid Ferrous Chloride to Kemira Water Solutions, Inc. (Mattesson, IL), in the amount of $85,120.00 and authorizing the City Manager to execute the related documents (submitted by Interim Water Utilities Director Ricky Dickson) 3. Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing City Manager to execute a service agreement in substantially the attached form between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resinCity Council Agenda Page 1 of 5 January 22, 2013
  • 2. 4. Consideration of awarding RFP FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group in the amount up to $114,743.00 and authorizing the City Manager to execute a service contract in substantially the attached form between the City of San Angelo and Siddons-Martin Emergency Group for the repair and maintenance of our Fire apparatus and Ambulance Fleet (submitted by Assistant Fire Chief Scott Farris) 5. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim) Deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 117 E 43rd Street, (Gonzalez), Lot 5, Block 19, Fair Park Addition, $1,500.00, Suit No. D-08-0023-T (submitted by Real Estate Administrator Cindy Preas) 6. Consideration of adopting a Resolution 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(s) located at 1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, B-06-0131-T (submitted by Real Estate Administrator Cindy Preas) 7. Consideration of authorizing the City Manager to execute amendment No. 1 to Task Order No. 18, and all related documents, between the City of San Angelo and KSA Engineers for architectural/engineering services associated with the Airport Layout Plan (ALP) update in the amount of $72,404.00 at San Angelo Regional Airport (submitted by Airport Director Luis Elguezabal) 8. Consideration of adopting a Resolution approving the “SNAPS” city-wide photography contest as recommended by the Public Art Commission (“program”); directing and authorizing the Parks & Recreation Department to facilitate and coordinate the program; and, providing for the deposit of revenues into, and disbursements for necessary expenditures and awards from designated city accounts (submitted by Parks and Recreation Director Carl White) 9. Consideration of adopting a Resolution approving bylaws of the City of San Angelo, Texas, Design and Historic Review Commission; and, directing that said bylaws be filed with the City Clerk (submitted by Planning Manager AJ Fawver) 10. Consideration of accepting the annual report of Records Management Program and consideration of adopting a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management Program (submitted by City Clerk Alicia Ramirez) 11. Consideration of adopting a Resolution granting a thirty foot five-inch (30’5”) variance from the required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by leaseholder Bruce L. Hitt, for city-owned property located at 1814 Cove Road (submitted by Interim Water Utilities Director Ricky Dickson) 12. Consideration of adopting a Resolution authorizing the City Manager 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 (submitted by Airport Director Luis Elguezabal) 13. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez) 14. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez)City Council Agenda Page 2 of 5 January 22, 2013
  • 3. 15. Second Hearing and consideration of adopting Ordinances amending the Code related to Animal Control and fees: (submitted by Health Services Director Sandra Villarreal) 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 DATE 16. 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 12-18: David Mazur & Z 12-19: COSA Planning 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 17. 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 12-17: CSA Materials 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard andCity Council Agenda Page 3 of 5 January 22, 2013
  • 4. M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on a matter of attorney/client privilege Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property JOINT MEETING BETWEEN CITY COUNCIL AND DEVELOPMENT CORPORATION (see special agenda for further information) 9:00 A.M. – 10:30 A.M. G. PUBLIC HEARING AND COMMENT 18. Presentation and discussion of the 96-gallon cart pilot program survey results conducted by Republic Services, and any action in connection thereto (Presentation by Interim Operations Director Shane Kelton and Robert Searls, Municipal Services Manager for Republic Services) 19. Consideration of adopting the 2012 San Angelo Cultural District Planning Study and any action related thereto (Presentation by Parks and Recreation Director Carl White and Howard Taylor, Director of the Museum of Fine Arts) 20. Public comments for and against annexation 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) 21. First Public Hearing and consideration of an Ordinance annexing property within the San Angelo’s existing city limits and related matters: AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 20 ACRES LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL, ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY, OUT OF THE DEAF AND DUMB ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS OF SAID TERRITORY; DIRECTING THE FILING OF THE ORDINANCE IN THE MANNER REQUIRED BY LAW; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 4 of 5 January 22, 2013
  • 5. 22. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, and grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS (Presentation by Budget Manager Morgan Trainer) 23. Consideration of approving a naming rights proposal for the San Angelo soccer complex from Ener-Tel and authorizing the Mayor and/or City Manager to execute the agreement with Ener-Tel and Citywise Marketing (Presentation by Public Information Officer Anthony Wilson) 24. Discussion of residential customer’s water consumption information (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 25. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 26. Announcements and consideration of Future Agenda Items Scheduling of Strategic Planning Meeting 27. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, January 16, 2013, at 5:00 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 January 22, 2013
  • 6. PROCLAMATIONWHEREAS, The mission of public schools is to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; andWHEREAS, Local school board members are committed to children and believe all children can be successful life-long learners and that the best education is tailored to the individual needs of each child; andWHEREAS, Local school board members work closely with parents, educational professionals, and other community members to create the educational vision we want for our students; andWHEREAS, Local school board members are responsible for ensuring the structure that provides a solid foundation for our school system; andWHEREAS, Local school board members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district;NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, on behalf of the City Council,do hereby declare our appreciation to the members of the San Angelo Independent School Boardand proclaim the month of January 2013, as “SCHOOL BOARD RECOGNITION MONTH”in San Angelo and urge all citizens to join us in recognizing the dedication and hard work of localschool board members and in working with them to mold an education system that meets the needsof both today’s and tomorrow’s children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 22nd day of January, 2013. THE CITY OF SAN ANGELO ____________________________________ ALVIN NEW, MAYOR
  • 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 179Tuesday, January 8, 2013 Vol. 104 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 8, 2013, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Councilmember Morrison and pledge was led by Mayor New.PROCLAMATIONS AND RECOGNITIONSWestern Towers for receiving the Texas Workforce Commission Employer of Excellence Texas WorkforceCommission during the 16th Annual Texas Workforce Conference on November 29, 2012, was be received byCharles Anderson, owner of Western TowersPUBLIC COMMENTPublic comment was made by citizen Bill Murray regarding the designated classification zone of his propertyand how the property is represented on the Comprehensive Master Plan.CONSENT AGENDAAPPROVAL OF THE DECEMBER 18, 2012 CITY COUNCIL AND DOWNTOWN DEVELOPMENTCOMMISSION JOINT AND CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID WU-14-12 FOR WASTEWATER IRRIGATION PUMP TO XYLEM INCORPORATED /FLYGT PRODUCTS (CARROLTON, TX), IN THE AMOUNT OF $54,678.00, AND AUTHORIZING THECITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS (SUBMITTED BYINTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 UP TO $400,000.00BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN CONSTRUCTION, LLC ON THEHICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR BRUSH CLEARING REQUIREDFOR THE EXPANSION OF THE WELL FIELD (SUBMITTED BY INTERIM WATER UTILITIESDIRECTOR RICKY DICKSON)AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISEDVALUE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR INTERIM WATER UTILITIESDIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OFSUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:(SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves)
  • 8. Page 180 MinutesVol. 104 January 8, 20132872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds)3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga)ADOPTION OF A RESOLUTION REQUESTING THE MEMBERS OF THE 83RD LEGISLATIVESESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FORTHE TEXAS RECREATION AND PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITYRECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXASSTATE PARK SYSTEM (SUBMITTED BY PARKS AND RECREATION DIRECTOR CARL WHITE)(PAGE 187, #2013-01-001)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TOEXECUTE A NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENT ON BEHALF OF THE CITYAS GRANTOR, WITH CHARLES BECKER AND NANCY BECKER, GRANTEES, BEING THEOWNERS OF A CERTAIN LANDLOCKED PARCEL OF REAL PROPERTY LOCATED AT 2059CHRISTOVAL ROAD, FOR PURPOSES OF PERMITTING A RIGHT-OF-WAY OVER WHICHGRANTEES SHALL CONSTRUCT A ROAD FOR PEDESTRIAN AND VEHICULAR ACCESS TO ANDFROM CHRISTOVAL ROAD AND SAID LANDLOCKED PARCEL AND ADJACENT PROPERTYOWNED BY THE CITY, FOR JOINT USE OF THE PARTIES (SUBMITTED BY INTERIM WATERUTILITIES DIRECTOR RICKY DICKSON) (PAGE 189, #2013-01-002)SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGETFOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (SUBMITTED BY BUDGETMANAGER MORGAN TRAINER)AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTSMotion, to approve the Consent Agenda, as presented, with the exception of the Archer Western Constructionchange order, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carriedunanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTPUBLIC HEARING AND COMMENTAUTHORIZATION FOR staff to negotiate and THE CITY MANAGER TO EXECUTE a CHANGE ORDER#1 UP TO $400,000.00 BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERNCONSTRUCTION, LLC ON THE HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FORBRUSH CLEARING REQUIRED FOR THE EXPANSION OF THE WELL FIELDInterim Water Utilities Director Ricky Dickson presented background information.General discussion was held on the funding of the project provided as a loan by the Water Development Boardand whether such cost maybe reimbursed, the importance to proceed with the necessary brush clearing, thenegative impacts should the City not approve the change order,Motion, to authorize to proceed, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams.Further discussion was held on the planned projected use, the data regarding the amount of water available asprovided by hydrologist.A vote was taken on the motion on the floor. 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 12-18: David Mazur & Z 12-19: COSA Planning
  • 9. Minutes Page 181January 8, 2013 Vol. 104AN 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: Evenly addressed properties on the east side of the 300 block of NorthChadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2,Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from GeneralCommercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 12-17: CSA MaterialsAN 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter HendersonDrive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, morespecifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2,Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing thezoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FORSEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer. Motion carried unanimously.APPROVAL OF AN APPEAL OF PLANNING COMMISSIONS DECISION TO DENY CASE NUMBERCU 12-14, REQUESTING APPROVAL OF A CONDITIONAL USE TO ALLOW FOR “HOUSEHOLDLIVING” FOR AN AREA CURRENTLY ZONED GENERAL COMMERCIAL (CG), SPECIFICALLY ATAN UNADDRESSED TRACT OF LAND ON THE NORTHWEST CORNER OF KNICKERBOCKERROAD AND VALLEYVIEW BOULEVARD, MORE SPECIFICALLY OCCUPYING THE SOUTH HILLSADDITION, BLOCK 51, LOTS 3 THROUGH 10 IN SOUTH CENTRAL SAN ANGELOPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.General discussion was held on possible conditional uses and how much detail may be imposed as part of theapproval, possible detail to conform within the surroundings, pros and cons with the residential use designation,traffic concerns, quality of construction and conforming with the neighborhood, availability and possiblyauthorizing architectural restrictions,Public comments were made by Proponent Brad Morris, Home Builder Louis Blanek, Realtor Nancy Vincent,
  • 10. Page 182 MinutesVol. 104 January 8, 2013Opponents Greg Keeling, Frieda Ingram, Mona Leggett, Bill Robbins, EJ Roberts, Jim Whitten, and ChrisZapata.Responding to questions by Councilmember Farmer, Mr. Morris stated his company will be the managers of thecommunity and Mr. Keeling agreed to consider a gated community. Planning Manager AJ Fawver informed ofthe complications of private street ownership.Councilmember Alexander suggested an RS-1 designation; implement architectural restrictionsMotion, to remand the item to the Planning Commission, allow specific restrictions and conditions, to includespecific architectural restrictions that conform with the vision of the proponents, builders, and nearby residentialowners, was made by Councilmember Alexander. Motion failed due to the lack of a second.Motion, to overturn the appeal of the Planning Commission subject to the conditions that the PlanningDepartment provide oversight of the construction and issues addressed ensuring conformance and compatibilityof the existing neighborhood, and allow the submittal of appeals to the City Council, was made byCouncilmember Farmer and seconded by Councilmember Hirschfeld.Ms. Fawver stated the legal requirements do not allow the case to be remanded to the commission, but Councilcan designate to another body, e.g. staff, department, or Planning Commission.Councilmember Hirschfeld must conform or visually compatible with surrounding neighborhood, therebyproviding flexibility to the builder and developer.A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Hirschfeld, and Farmer.NAY: Adams. Motion carried 6-1.RECESSAt 11:14 A.M., Mayor New called a recess.RECONVENEAt 11:30 A.M., Council reconvened, and the following business was transacted:PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATEDIMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 8.995ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED EAST OFTHE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWEST OF THE SAMS CLUB ADDITIONPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplement Record.Mayor New opened the floor to provide public comment for and against the annexation. No comments weremade. Mayor New closed the public comment period.PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATEDIMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S.HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAILPlanning Manager AJ Fawver presented background information. A copy of the report/presentation is part ofthe Permanent Supplemental Record.Mayor New opened the floor to provide public comment for and against the annexation. No comments weremade. Mayor New closed the public comment period.APPROVAL OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-01-12:
  • 11. Minutes Page 183January 8, 2013 Vol. 104• DISCUSSION OF PROPOSALS SUBMITTED FOR REQUEST FOR PROPOSAL HR-01-12 FOR INDIVIDUAL AND AGGREGATE STOP LOSS INSURANCE• SELECTION OF AMWINS FIDELITY AS THE BENEFIT PROVIDER RELATED TO REQUEST FOR PROPOSAL HR-01-12, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTSHuman Resources Director Lisa Marley presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.Motion, to approve and select AmWins, including changing terms and related increased cost, as presented, wasmade by Councilmember Adams and seconded by Councilmember Hirschfeld.General discussion was held on the extension of the terms and analyzing the costs and terms for future years.A vote was taken on the motion on the floor. Motion carried unanimously.POSTPONEMENT Of ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HISDESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITHSKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGARROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORTMayor New informed the item has been tabled to a future meeting. Council concurred.ADOPTION OF A RESOLUTION TO EXECUTE A LEASE OF THE FOSTER COMMUNICATIONSCOLISEUM TO UNDERWATER FOOTBALL, LLC, D/B/A THE SAN ANGELO BANDITS, FORSCHEDULED INDOOR FOOTBALL GAMES FOR THE 2013, 2014, AND 2015 INDOOR FOOTBALLLEAGUE SEASONSCivic Events Manager Angelica Pena presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld.General discussion was held on the number of teams on the league, working with local youth groups,A vote was taken on the motion on the floor. Motion carried unanimously.RECESSAt 12:04 P.M., Mayor New called a recess.RECONVENEAt P.M., Council reconvened, and the following business was transacted:EXECUTIVE/CLOSED SESSIONAt 12:28 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 orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)
  • 12. Page 184 MinutesVol. 104 January 8, 2013At 1:10 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:10 P.M., Mayor New called a recess.RECONVENEAt 1:19 P.M., Council reconvened, and the following business was transacted:AWARD OF BID VM-09-12 FOR POLICE PATROL VEHICLES, AND AUTHORIZING THE CITYMANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSPolice Chief Tim Vasquez presented background information. A copy of the report/presentation is part of thePermanent Supplemental Record.General discussion was held on gas consumption, weight differential between the sedan and utility vehicle,number of vehicle replacements, expressed concerns on increased costs, and trial test for consideration of futurepurchase.Motion, to award, as presented, was made by Councilmember Adams and seconded by CouncilmemberAlexander.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, andFarmer. NAY: New. Motion carried 6-1.DISCUSSION OF RESIDENTIAL CUSTOMER’S WATER CONSUMPTION INFORMATIONAssistant City Manager Michael Dane presented background information. A copy of the presentation is part ofthe Permanent Supplement Record.General discussion was held on why the City billed on per 1,000 gallon methodology, under billing or roundingdown for the billing period versus actual usage, the effect on the sewage fee and any related cost for a particularmonth, empowering customers to manage their usage, and providing additional month reports with averagerainfall.Councilmember Silvas requested data for the summer months, specifically August.FAILURE OF THE DESIRABILITY FOR AN INDEPENDENT AUDIT AND INVESTIGATION OFWATER UTILITIES DEPARTMENT; DISCUSSION AND CONSIDERATION OF THE OBJECTIVES,SCOPE, AND PARAMETERS OF SUCH INDEPENDENT AUDIT AND INVESTIGATIONRequested by Councilmember Morrison, City Manager Daniel Valenzuela informed the issues are beingaddressed, leadership has changed, concerns are being researched and resolved, and staff is taking steps tocorrect any issues or discrepancies.Councilmember Morrison noted should this statement been made at the beginning of his request, readstatements into the record,He commended staff for assisting citizens with issues with their utility statements.Mr. Valenzuela requested citizens or petitioners contact the department directly in order to resolve their issues,staff is continuously catching anomaliesCouncilmember Morrison regarding water department and generated revenue; rebate process, balance of waterrebate, appropriation of revenue to the correct account, and where the revenues are expendedMr. Valenzuela stated issues have been acknowledged and requested staff be allowed the necessary time to
  • 13. Minutes Page 185January 8, 2013 Vol. 104review the accounting of the various accounts, allowing the new management to address the concerns, and sucha request should be determined by management.General discussion was held on the circulated petition, the limited information to respond to the petitioners,providing the opportunity to staff to resolve the issues, current leadership of the department, implementedchanges,Direction to staff to authorize the Auditors to inspect the ledger assignments, specifically track the incomingfunding and ensuring the funds are allocated to the appropriate accounts, for this year and future audits. Alsorecommended City Manager and Interim Water Utilities Director Ricky Dickson present any findings toCouncil, specifically regarding the meters, meter reading, and any billings which are out of the norm.Motion, to hire an external investigator to investigate the Water Department and water billing procedure toinvestigate how the funds are being appropriated and ensuring the funds are being appropriated correctly, wasmade by Councilmember Morrison and seconded by Councilmember Alexander.Public comment was made by Citizen Jim Turner.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams,Hirschfeld, and Farmer. Motion failed 3-4.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMSSetting a meeting, of no more than 3 person, regarding the support of Hotel/community housing, volunteers:New, Adams, and AlexanderRailroad growth: in coordination with the new legislation session: Councilmember Hirschfeld and FarmerCity Manager Daniel Valenzuela distributed the proposed January 22, 2013 Agenda and solicited Councilcomments and suggestions.Councilmember Farmer – feasibility of utilizing actual versus under billing on the City’s utility statementCouncilmember Alexander: city inability to handle growth - City’s inability to react to change, specifically oil boom growth, internal policy change (water billing issues) - Should be aware of conventional thinking and react to quicklyCouncilmember Adams: annexation issue near colisumCouncilmember Silvas - update on concho river project (include pictures)City Manager Daniel Valenzuela – Strategic meeting on 2/19ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.Motion carried unanimously.The meeting adjourned at 2:53 P.M. THE CITY OF SAN ANGELO
  • 14. Page 186 MinutesVol. 104 January 8, 2013 ___________________________________ 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.)
  • 15. City of San Angelo Water UtilitiesMemo Date: January 3, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Consent Agenda Item for January 22, 2013 Council Meeting Contact: Ricky Dickson, Interim Water Utilities Director, 657- 4209 Caption: Consideration of awarding Water Utilities Bid, “WU-17- 12” for Liquid Ferrous Chloride to Kemira Water Solution, Inc. for the calculated amount of $85,120.00. Summary: Bids have been received from Kemira Water Solutions, Inc. for liquid ferrous chloride. The bids were mailed to five suppliers and the only bid was received from Kemira Water Solutions, Inc. Financial Impact: Bid amount is calculated on a price per pound for the estimated quantities used by the Water Reclamation Facility. Estimated quantities are for 112,000 lbs @ $0.76 for a total of $85,120.00. Funds are budgeted in operating funds for the Water Reclamation Facility. Related Goal Item: The liquid ferrous chloride is used for odor and corrosion control at the Water Reclamation Facility. Other Information/Recommendation: It is recommended the bid from Kemira Water Solutions, Inc. be accepted. Attachment: Bid tabulation. Presentation: None Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director January 3, 2013
  • 16. City of San Angelo RFB WU-17-12 / Liquid Ferrous Chloride Bid Opening 12/21/2012 @ 2:pm Kemira Water Solutions, Inc. (Lawrence, KS) Percent of Item No. Ferrous Iron Pounds of FE Price per Pound Total Bid 1 10.50% 46,100 0.76 $ 3,678.78 Estimated Delivery Time (In Calendar 3 days Net 30 Bids Mailed to: Kemira Water Solutions, InMattesson IL Unable to Forward Enviromental Chemical CoSan Antonio, TX Unable to Forward Kemira Water Solutions, InLawrence, KS Brenntag Southwest Houston, TX No Bid PVS Chemicals Detroit, MI No BidC:Usersbryan.kendrickDesktop01-22-1302b PUR WU-17-12 Bid Tab
  • 17. City of San AngeloMemo Date: January 15, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 22, 2013 Council Meeting Contact: Ricky Dickson; 657-4209 Caption: Consent Item Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing the City Manager to execute a service agreement in substantially the attached from between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resin Summary: RFP WU-16-12 was advertised for selection of a system and resin supplier of radium removal equipment. Proposals have been received from a single equipment/media supplier. The single supplier Water Remediation Technology, LLC is therefore selected to provide equipment and ion exchange media required to remove radium from the Hickory groundwater. The selected vendor will provide information necessary to complete the design of the Hickory groundwater treatment plant. Bid prices will also be utilized to enable city staff to negotiate a service agreement. The service agreement will be brought to Council for approval. History: This project is part of the groundwater treatment plant project that will be bid at a future date. Projects completed or under construction include the Well Field Pipelines, 30” Transmission Main and the Booster Pump Station and Well Field. Future projects will be related to the well field expansion. Financial Impact: Bid amount $150,000.00. Funded from the Texas Water Development loan program proceeds in the amount of $120,000,000. Related Vision Item Long term water supply. (if applicable): Other Information/ Staff recommends the bid be accepted and the City Manager be authorized to Recommendation: execute the contract documents. Attachments: Bid Tabulation and Draft Contract Presentation: None. Publication: None. Reviewed by Ricky Dickson, Interim Water Utilities Director; 657-4209 Director: Approved by Legal: 12/19/12
  • 18. CITY OF SAN ANGELO BID TABULATION * RFB NO: WU-16-12/Radium Removal System January 15, 2013/2:30PM WRT No. Item Unit Est Qty Total Price $ 1 Radium Removal System LS 1 4,839,500.00 2 Submittals and Design LS 1 150,000.00 Total Bid 4,989,500.00 Bids Mailed To: WRT Aurora CO Layne Tyler TX The Brandt Companies, LLC Carrollton TXC:Documents and SettingsKevin.KruegerLocal SettingsTemporary Internet FilesContent.OutlookZEXODQWZBid Tab WU1612 minus alt
  • 19. DOCUMENT 00_52_00 AGREEMENT NOTICEThis is the City’s standard form of agreement for projects of this type and applies only to theSubmittals and Design Information Services Contract portion of the Scope of Work and applies onlyto the Submittals and Design Information Services Contract portion of the Scope of Work. Thespecified insurance requirements in Section 179 of this agreement are applicable to this project.After proposals are opened and the City has determined its recommendation, a final agreement forthe Supplier’s signature will be prepared. The appropriate sections will be completed with anaccurate summary of the description of work to be awarded and the bid price recommended toCouncil, including all alternates, options and addenda to be awarded. This agreement must befinalized by the CITY, and signed by the Supplier, prior to the award of the bid by the City Council. SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND _________________________ RFP WU-16-12 This Agreement is entered into this ___ day of ____________, 2013 (but effective as of___________________) by and between the City of San Angelo, a municipal corporation of theState of Texas (“City”) and ________________a corporation (“Supplier”).RECITAL A. City is in need of securing a long term usable water treatment system for its potable water supply (“Project”), and in that connection, is seeking technical expertise and services to the design and implement of a radium removal water treatment system (“Services”). The project site will be on City property located at 327 East Avenue I, San Angelo, Texas, also known as the City Water Production Facility (“Site”). B. City has issued Request for Proposal for Water Utilities Hickory Water Supply Project Radium Removal System No. WU-16-12 (“RFP No. WU-16-12”) at San Angelo, Texas to procure Services, and Supplier’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Services.December 2012 00_52_00-1 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 20. C. On _______________, 2013, the City Council of the City of San Angelo, approved the selection of Supplier and authorized the City Manager to execute an agreement (“Agreement”), under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promisesherein contained, Supplier and City agree as follows:TERMS1. RECITALS: The recitals are true and correct and are hereby incorporated into andmade a part of this Agreement.2. TIME FOR PERFORMANCE: Supplier shall perform Services under this Agreement in accordance with the followingtime schedule: A. RADIUM REMOVAL SYSTEM CONTRACT BETWEEN SUPPLIER AND GENERAL CONTRACTOR FOR PROJECT (1) City shall provide Supplier the copy of the Notice of Award to the General Contractor for Project (“General Contractor”). (2) Within thirty (30) calendar days of receipt of the Notice of Award to the General Contractor from City, Supplier shall execute a contract with General Contractor for the provision of a radium removal system in accordance with the specifications set out in RFP No. WU-16-12 and submit a copy of such executed contract to City. B. SUBMISSION OF RADIUM REMOVAL SYSTEM DESIGN-PHASE SUBMITTALS (1) City shall provide Supplier the copy of the Notice to Proceed for Project.December 2012 00_52_00-2 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 21. (2) Within thirty (30) calendar days of receipt of the Notice to Proceed from City, Supplier shall submit the radium removal system design-phase submittals as defined in Section 46_63_11 except those submittals required by Section 40_61_05 in Formatted: Font: Not Italic accordance with the specifications set out in RFP No. WU-16-12 to Engineer for approval. Within sixty (60) calendar days of receipt of the Notice to Proceed from Formatted: Font: Not Italic City, Supplier shall submit the submittals specified in Section 40_61_05 to Engineer for approval. (2) Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + C. DELIVERY OF RADIUM REMOVAL SYSTEM EQUIPMENT Indent at: 0.75" (1) Contractor shall provide Supplier the copy of the Notice to Commence Manufacture for the Project. (2) Within twenty-four (24) weeks, upon Supplier’s receipt of the Notice to Commence Manufacture from Contractor, Supplier shall manufacture and deliver the radium Formatted: Font: Italic removal system to Site in accordance with the specifications set out in RFP No. WU- 16-12. Supplier shall coordinate said delivery with the General Contractor for Project.3. SCOPE OF SERVICE: A. Supplier agrees to perform Services as specifically described, and subject to thespecial terms and conditions set forth in RFP No. WU-16-12, which by this reference isincorporated as if fully set out herein. B. Supplier represents and warrants to City that: (i) it possesses all qualifications,licenses and expertise required for the performance of Services; including but not limited to fullqualification to do business in the State of Texas(ii) it is not delinquent in the payment of anyDecember 2012 00_52_00-3 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 22. sums due City, including payment of permit fees, occupational licenses, etc., nor in theperformance of any obligations to City; (iii) all personnel assigned to perform Services are andshall be, at all times during the term hereof, fully qualified and trained to perform the tasksassigned to each; and (iv) Services will be performed in the manner, at such times, and for thebudgeted amounts described in, Exhibit Attachment “A” Fee and Payment Schedule attached Formatted: Strikethrough Formatted: Font: Italichereto, which by this reference is incorporated into this Agreement, and (v) each personexecuting this Agreement on behalf of Supplier has been duly authorized to so execute the sameand fully bind Supplier as a party to this Agreement.4. COMPENSATION: A. The amount of compensation payable by City to Supplier for Service shall bebased on the Compensation described under Exhibit Attachment “A” Fee and Payment Schedule Formatted: Strikethrough Formatted: Font: Not Italic B. Absent an amendment to this Agreement, additional services and expenses are notincluded in Compensation shall only be provided upon a written amendment entered into by Cityand Supplier and with prior approval by City Council. City shall not be liable for any costs, fees,expenses or charges beyond Compensation. C. Unless otherwise specifically provided in Attachment “A”, payment shall bemade within thirty (30) calendar days after receipt of Supplier’s invoice, which shall beaccompanied by sufficient supporting documentation and contain sufficient detail, to allow aproper audit of expenditures should City require one to be performed. No advance paymentsshall be made at any time.5. LIQUIDATED DAMAGES: Supplier acknowledges that General Contractor isrequired to perform timely under its contract for Project with City and that Supplier’s time ofperformance under this Agreement is of the essence. Supplier further acknowledges that delay inDecember 2012 00_52_00-4 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 23. Supplier’s performance under this Agreement will adversely impact City and the ability ofGeneral Contractor to timely perform under its contract with City and that City and GeneralContractor will suffer financial loss if Services are not complete by the time as specified in RFPNo. WU-16-12, plus any extensions thereof allowed. City and Supplier agree that a reasonableestimate of liquidated damages for any delay (but not as a penalty) for Supplier providingServices would be for Supplier to pay City Two Thousand and 00/100 Dollars ($2,000.00) foreach calendar day that expires after the time specified under Section 2.B.(2). Time ForPerformance hereunder. Therefore, Supplier shall pay as liquidated damages Two Thousand and00/100 Dollars ($2,000.00) for each calendar day that expires after the time specified underSections 2.B.(2) and 2.C.(2). Time of Performance hereunder. The Supplier will only be chargedliquidated damages for late equipment delivery if the Supplier’s delay causes the GeneralContractor to miss a deadline and, therefore, be charged liquidated damages by the City.6. CONTRACT DOCUMENTS: The following documents from the City of SanAngelo are incorporated herein by reference for all purposes, as if fully set out verbatim:  Request for Bid for the Water Utilities Hickory Water Supply Project Radium Removal System No. WU-16-12 (“RFP No. WU -16 -12”)  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation number as of the time this Agreement is entered by Supplier and City.7. ADDITIONAL SUPPLIER’S REPRESENTATIONS: In order to induce City to enter into this Agreement, Supplier makes the followingrepresentations to City: A. Supplier has familiarized itself with the nature and extent of the ContractDocuments, Work, and with all local conditions and federal, state and local laws.December 2012 00_52_00-5 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 24. B. Supplier has made, or caused to be made, examinations and investigations ofinformation as it deems necessary for the performance of Services at the Contract Price, withinthe Contract Time and in accordance with the other terms and conditions of the ContractDocuments; and no additional examinations, investigations or similar data are, or will berequired by Supplier for such purposes. C. Supplier has given City advanced written notice of all conflicts, errors, ordiscrepancies that it has discovered in the Contract Documents prior to bidding and the writtenresolution thereof by City is acceptable to Supplier. D. Supplier is skilled and experienced to responsibly perform the type of Workdescribed in the Contract Documents in a timely manner.8. OWNERSHIP OF DOCUMENTS: Supplier understands and agrees that anyinformation, document, report or any other material whatsoever which is given by City toSupplier or which is otherwise obtained or prepared by Supplier pursuant to or under the terms ofthis Agreement is and shall at all times remain the property of City. Supplier agrees not to useany such information, document, report or material for any other purpose whatsoever without thewritten consent of City, which may be withheld or conditioned by City in its sole discretion. TheCity will keep confidential any information noted by Supplier as being ‘confidential’ to theextent allowed by law.9. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years followingthe date of final payment by City to Supplier under this Agreement, audit, or cause to be audited,those books and records of Supplier which are related to Supplier’s performance under thisDecember 2012 00_52_00-6 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 25. Agreement. Supplier agrees to maintain all such books and records at its principal place ofbusiness for a period of three (3) years after final payment is made under this Agreement. B. City may, at reasonable times during the term hereof, inspect Supplier’s facilitiesand perform such tests, as City deems reasonably necessary, to determine whether the goods orservices required to be provided by Supplier under this Agreement conform to the terms hereofand/or the terms of the Solicitation Documents, if applicable. Supplier shall make available toCity all reasonable facilities and assistance to facilitate the performance of tests or inspections byCity representatives. All tests and inspections shall be subject to, and made in accordance with,the provisions of City of San Angelo Code of Ordinances, as same may be amended orsupplemented from time to time.10. AWARD OF AGREEMENT: Supplier represents and warrants to City that it hasnot employed or retained any person or company employed by City to solicit or secure thisAgreement and that it has not offered to pay, paid, or agreed to pay any person any fee,percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the awardof this Agreement..11. PUBLIC RECORDS: Supplier understands that the public shall have access, at allreasonable times, to all documents and information pertaining to City contracts, subject to theprovisions of Chapter 552, Texas Government Code, and agrees to allow access by City and thepublic to all documents subject to disclosure under applicable law. Supplier’s failure or refusalto comply with the provisions of this section shall result in the immediate cancellation of thisAgreement by City.12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Supplierunderstands that agreements between private entities and local governments are subject to certainDecember 2012 00_52_00-7 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 26. laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Supplier agree to comply with and observe all applicable laws, codes andordinances as they may be amended from time to time.13. INDEMNIFICATION: Supplier shall indemnify, defend and hold harmless Cityand its officials, employees, Engineer, and agents (collectively referred to as “Indemnitees”) andeach of them from and against all loss, costs, penalties, fines, damages, claims, expenses(including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of anyinjury to or death of any person or damage to or destruction or loss of any property arising out of,resulting from, or in connection with (i) the performance or non-performance of Servicescontemplated by this Agreement which is or is alleged to be directly or indirectly caused, inwhole or in part, by any act, omission, default or negligence (whether active or passive or instrict liability) of Supplier or its employees, agents or sub-suppliers (collectively referred to as“Supplier”), regardless of whether it is, or is alleged to be, caused in whole or part (whetherjoint, concurrent or contributing) by any act, omission, default or negligence (whether active orpassive) of the Indemnitees, or any of them or (ii) the failure of Supplier to comply with any ofthe paragraphs herein or the failure of Supplier to conform to statutes, ordinances, or otherregulations or requirements of any governmental authority, local, federal or state, in connectionwith the performance of this Agreement. Supplier expressly agrees to indemnify defend andhold harmless the Indemnitees, or any of them, from and against all liabilities which may beasserted by an employee or former employee of Supplier, or any of its sub-Suppliers, as providedabove, for which Supplier’s liability to such employee or former employee would otherwise belimited to payments under state Workers’ Compensation or similar laws. Supplier further agreesto indemnify, defend and hold harmless the Indemnitees from and against (i) any and allDecember 2012 00_52_00-8 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 27. Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,condition, or requirement, related directly to Supplier’s negligent performance under thisAgreement, compliance with which is left by this Agreement to Supplier, and (ii) any and allclaims and/or suits for labor and materials furnished by Supplier or utilized in the performance ofthis Agreement or otherwise. Supplier’s obligations to indemnify, defend and hold harmless the Indemnitees shallsurvive the termination of this Agreement. Supplier understands and agrees that any and all liabilities regarding the use of any sub-supplier for Services related to this Agreement shall be borne solely by Supplier throughout theduration of this Agreement and that this provision shall survive the termination of thisAgreement.14. DEFAULT: If Supplier fails to comply with any term or condition of this Agreement,or fails to perform any of its obligations hereunder, then Supplier shall be in default. Upon theoccurrence of a default hereunder City, in addition to all remedies available to it by law, mayimmediately, upon written notice to Supplier, terminate this Agreement whereupon all payments,advances, or other compensation paid by City to Supplier while Supplier was in default shall beimmediately returned to City. Supplier understands and agrees that termination of thisAgreement under this section shall not release Supplier from any obligation accruing prior to theeffective date of termination. Should Supplier be unable or unwilling to commence to performServices within the time provided or contemplated herein, then, in addition to the foregoing,Supplier shall be liable to City for all expenses incurred by City in preparation and negotiation ofthis Agreement, as well as all costs and expenses incurred by City in the re-procurement ofServices, including consequential and incidental damages.December 2012 00_52_00-9 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 28. 15. RESOLUTION OF CONTRACT DISPUTES: Supplier understands and agrees thatall disputes between Supplier and City based upon an alleged violation of the terms of thisAgreement by City shall be submitted to the City Manager for his/her resolution, prior toSupplier being entitled to seek judicial relief in connection therewith. In the event that theamount of compensation hereunder exceeds Twenty-five Thousand and No/100 Dollars($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.Supplier shall not be entitled to seek judicial relief unless: (i) it has first received the CityManager’s written decision, approved by City Council if the amount of compensation hereunderexceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), or (ii) a period of sixty (60)calendar days has expired, after submitting to the City Manager a detailed statement of thedispute, accompanied by all supporting documentation (90 calendar days if the City Manager’sdecision is subject to City Council approval); or (iii) City has waived compliance with theprocedure set forth in this section by written instruments, signed by the City Manager.16. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Agreement, in its sole discretion, at anytime, by giving written notice to Supplier at least five (5) business days prior to the effective dateof such termination. In such event, City shall pay to Supplier compensation for servicesrendered and expenses incurred prior to the effective date of termination. In no event shall Citybe liable to Supplier for any additional compensation, other than that provided herein, or for anyconsequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice to Supplier,upon the occurrence of an event of default hereunder. In such event, City shall not be obligatedDecember 2012 00_52_00-10 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 29. to pay any amounts to Supplier and Supplier shall reimburse to City all amounts received whileSupplier was in default under this Agreement.17. INSURANCE: Supplier shall, at all times during the term hereof, maintain suchinsurance coverage as may be required by City. All such insurance, including renewals, shall besubject to the approval of City for adequacy of protection and evidence of such coverage shall befurnished to City on Certificates of Insurance indicating such insurance to be in force and effectand providing that it will not be canceled during the performance of Services under this contractwithout thirty (30) calendar days prior written notice to City. Completed Certificates ofInsurance shall be filed with City prior to the performance of services hereunder, provided,however, that Supplier shall at any time upon request file duplicate copies of the policies of suchinsurance with City. A. If, in the judgment of City, prevailing conditions warrant the provision bySupplier of additional liability insurance coverage or coverage which is different in kind, Cityreserves the right to require the provision by Supplier of an amount of coverage different fromthe amounts or kind previously required and shall afford written notice of such change inrequirements thirty (30) calendar days prior to the date on which the requirements shall takeeffect. Should Supplier fail or refuse to satisfy the requirement of changed coverage withinthirty (30) calendar days following City’s written notice, this Contract shall be consideredterminated on the date that the required change in policy coverage would otherwise take effect. B. Supplier understands and agrees that any and all liabilities regarding the use ofany of Supplier’s employees or any of Supplier’s sub-suppliers for Services related to thisAgreement shall be borne solely by Supplier throughout the term of this Agreement and that thisprovision shall survive the termination of this Agreement. Supplier further understands andDecember 2012 00_52_00-11 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 30. agrees that insurance for each employee of Supplier and each sub-supplier providing Servicesrelated to this Agreement shall be maintained in good standing and approved by the City RiskManagement Administrator throughout the duration of this Agreement.18. SPECIAL INSURANCE AND INDEMNIFICATION RIDERA. GENERAL INDEMNIFICATION. SUPPLIER AGREES TO INDEMNIFY,DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSIONMEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS ANDEMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES,DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANYPERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF SUPPLIER ORCITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TOPROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAWOR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OFCOMMISSION, OMISSION, NEGLIGENCE OR FAULT OF SUPPLIER, ITS AGENTS OREMPLOYEES, OR THE JOINT NEGLIGENCE OF SUPPLIER AND ANY OTHER ENTITY,AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENTOR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHINGCLAIMED TO BE DONE OR ADMITTED TO BE DONE BY SUPPLIER HEREUNDER.THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT ASLONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALLREQUIRE SUPPLIER TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANYINDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCEOR WILLFUL MISCONDUCT.B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FORIN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENTAND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TODecember 2012 00_52_00-12 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 31. EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLYDURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANYLIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POSTCLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONSOF SUPPLIER IN PERFORMING UNDER THIS AGREEMENT.C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THISAGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTSOCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TOCLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERMOF PREVIOUS AGREEMENTS BETWEEN CITY AND SUPPLIER.19. INSURANCE: A. GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by Supplier for the purpose of complying with this Agreement. 1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 2) Named Insured. All insurance policies required herein shall be drawn in the name of Supplier, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Supplier shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Agreement, Supplier shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly stateDecember 2012 00_52_00-13 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 32. that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Supplier and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College Avenue, San Angelo, Texas 76903. 5) Supplier’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Supplier’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Supplier’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Supplier to maintain adequate coverage shall not relieve Supplier of any contractual responsibility or obligation. 6) Sub-suppliers’ Insurance. Supplier shall cause each Sub-supplier and Sub- sub-supplier of Supplier to purchase and maintain insurance of the types and in the amounts specified below. Supplier shall require Sub-suppliers and Sub-sub-suppliers to furnish copies of certificates of insurance to Supplier’s Risk Manager evidencing coverage for each Sub-supplier and Sub-Sub-supplier. B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Supplier shallobtain and continuously maintain in effect at all times during the term hereof, at Supplier’s soleexpense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be an occurrence-type policy and shall protect Supplier and additional insured against all claims arising from bodily injury, sickness, disease or death of any person (other than Supplier’s employees) and damage to property of City or others arising out of the act or omission of Supplier or its agents and employees. This policy shall also include protection against claims for theDecember 2012 00_52_00-14 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 33. contractual liability assumed by Supplier under the paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent suppliers (to remain in force for two years after final payment). Coverage limits shall not be less than: $3,000,000.00 General Aggregate $1,000,000.00 Products – Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence 2) Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Supplier and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall be as follows: $1,000,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Supplier hires any employees, Supplier shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Supplier against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claim for injury, disease or death of employees which for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than: Statutory Amount Workers’ Compensation $1,000,000.00 Employer’s Liability, Each Accident $1,000,000.00 Employer’s Liability, Disease - Each Employee $1,000,000.00 Employer’s Liability, Disease – Policy Limit If Supplier uses contract labor, Supplier shall require its Sub-supplier to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.December 2012 00_52_00-15 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 34. 4) Professional Liability. This insurance shall include contractual liability in its coverage, and the coverage under this policy shall survive the term of this Contract as long as any liability could be asserted. Coverage shall not be less than: $1,000,000.00 Aggregate $ 500,000.00 Each Claim20. NONDISCRIMINATION: Supplier represents and warrants to City that Supplier doesnot and will not engage in discriminatory practices and that there shall be no discrimination inconnection with Supplier’s performance under this Agreement on account of race, color, sex,religion, age, handicap, marital status or national origin. Supplier further covenants that nootherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,handicap, marital status or national origin, be excluded from participation in, be denied services,or be subject to discrimination under any provision of this Agreement.21. ASSIGNMENT: This Agreement shall not be assigned by Supplier, in whole or inpart, without the prior written consent of City, which may be withheld or conditioned, in City’ssole discretion.22. NOTICES: All notices or other communications required under this Agreement shallbe in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, returnreceipt requested, addressed to the other party at the address indicated herein or to such otheraddress as a party may designate by notice given as herein provided. Notice shall be deemedgiven on the day on which personally delivered; or, if by mail, on the fifth day after being postedor the date of actual receipt, whichever is earlier. TO CITY: TO SUPPLIER: City of San Angelo Water Reclamation Technology, LLC_________________________December 2012 00_52_00-16 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 35. Attn: Kevin Krueger Attn: Ron Dollar__________________. 72 West College Avenue 5525 W. 56th Avenue, Suite Formatted: Superscript 100_________________________ San Angelo, Texas 76903 Arvada_____________, CO 80002TX 7______ Phone: (325)657-4260 Phone: (303__)424 -5355 Email: kevin.krueger@sanangelotexas.us Email: rdollarinfo@wrtnet.com.com Formatted: Default Paragraph Font Formatted: Default Paragraph Font23. MISCELLANEOUS PROVISIONS:A. Remedies: In the event of default by Supplier under the Contract Documents, City shallhave all rights and remedies afforded to it at law or in equity to enforce the terms of the ContractDocuments; however, arbitration is not an available remedy to resolve any disputes arising underthis Agreement unless City and Supplier mutually agree to such remedy in a separate writtenagreement. The exercise of any one right or remedy shall be without prejudice to theenforcement of any other right or remedy allowed at law or in equity.B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or Supplierto enforce or interpret the terms of the Contract Documents, the party prevailing on the majorityof issues shall be entitled to reasonable attorneys’ fees and costs and any necessarydisbursements in addition to any other relief to which the prevailing party is entitled.C. Conflicts: This Agreement, the documents required to be provided, and the ContractDocuments constitute the entire agreement between the parties hereto and supersede any priorwritten or oral agreements and understandings between the parties. If any provision of thisAgreement, the General Conditions, the Specifications or any other provision contained withinthe Contract Documents conflicts, or is inconsistent with any other provision of the ContractDecember 2012 00_52_00-17 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 36. Documents, then the conflict or inconsistency will be resolved first by reference to the terms ofthis Agreement, then to the General Conditions to this Agreement and then finally to theSpecifications therein, unless a federal law, regulation or restriction would require otherwise, inwhich case the federal provision would control.D. Severability: If any provision of this Agreement is held invalid or unenforceable, theremainder of the Agreement shall not be affected thereby and all other parts of this Agreementshall nevertheless be in full force and effect.E. Venue: This Agreement, including the Contract Documents, is governed by the laws ofthe State of Texas. Venue for any suit or claim or cause of action arising out of or related toWork covered by this Agreement shall be in Tom Green County, Texas.F. Counterparts: This Agreement may be executed in two or more counterparts, each ofwhich shall constitute an original but all of which, when taken together, shall constitute one andthe same agreement.G. Enforcement: This Agreement shall be construed and enforced according to the laws ofthe State of Texas.H. Headings: Titles and paragraphs are for convenient reference and are not a part of thisAgreement.I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute awaiver of any subsequent breach of the same or any other provision hereof, and no waiver shallbe effective unless made in writing.J. Governing Laws: Should any provision, paragraph, sentence, word or phrase containedin this Agreement be determined by a court of competent jurisdiction to be invalid, illegal orotherwise unenforceable under the laws of the State of Texas or the City of San Angelo, suchDecember 2012 00_52_00-18 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 37. provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessaryin order to conform with such laws, or if not modifiable, then same shall be deemed severable,and in either event, the remaining terms and provisions of this Agreement shall remainunmodified and in full force and effect or limitation of its use.K. Applicable Law: This Contract and the Contract Documents are subject to all applicablefederal and state laws, statutes, codes, rules and regulations and local ordinances, rules andregulations.24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the partieshereto, their heirs, executors, legal representatives, successors, or assigns.25. INDEPENDENT SUPPLIER: Supplier has been procured and is being engaged toprovide services to City as an independent supplier, and not as an agent or employee of City.Accordingly, Supplier shall not attain, nor be entitled to, any rights or benefits under the CivilService or Pension Ordinances of City, nor any rights generally afforded classified orunclassified employees. Supplier further understands that Texas Workers’ Compensationbenefits available to employees of City are not available to Supplier, and agrees to provideworkers’ compensation insurance for any employee or agent of Supplier rendering services toCity under this Agreement.26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on theavailability of funds and continued authorization for program activities and the Agreement issubject to amendment or termination due to lack of funds, reduction of funds and/or change inregulations, upon thirty (30) calendar days notice.27. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject toall Attachments hereto, to all of the attachments, provisions, requirements, federal, state andDecember 2012 00_52_00-19 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 38. local laws, rules and regulations as of the effective date herein, and to any and all requirements,whether federal, state or local, verbal or written, placed upon City. The entire foregoing ishereby made a part of this Agreement and incorporated herein by reference as if fully set outherein.28. FORCE MAJEURE: A “Force Majeure Event” shall mean an act of God, act ofgovernmental body or military authority, fire, explosion, power failure, flood, storm, hurricane,sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,insurrection, blockade, or embargo. In the event that either party is delayed in the performanceof any act or obligation pursuant to or required by the Agreement by reason of a Force MajeureEvent, the time for required completion of such act or obligation shall be extended by thenumber of days equal to the total number of days, if any, that such party is actually delayed bysuch Force Majeure Event. The party seeking delay in performance shall give notice to the otherparty specifying the anticipated duration of the delay, and if such delay shall extend beyond theduration specified in such notice, additional notice shall be repeated no less than monthly so longas such delay due to a Force Majeure Event continues. Any party seeking delay in performancedue to a Force Majeure Event shall use its best efforts to rectify any condition causing such delayand shall cooperate with the other party to overcome and delay that has resulted.29. CITY NOT LIABLE FOR DELAY: Supplier hereby understands and agrees thatin no event shall City be liable for, or responsible to Supplier or any Sub-supplier, or to any otherperson, firm, or entity for or on account of, any stoppages or delay(s) in work hereinprovided for, or any damages whatsoever related thereto, because of any injunction or other legalor equitable proceeding or on account of any delay(s) for any cause over which City has nocontrol.December 2012 00_52_00-20 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 39. 30. USE OF NAME: Supplier understands and agrees that City is not engaged inresearch for advertising, sales promotion, or other publicity purposes. Supplier is allowed,within the limited scope of normal and customary marketing and promotion of its work, to usethe general results of this project and the name of City. Supplier agrees to protect anyconfidential information provided by City and will not release information of specific naturewithout prior written consent of the City Manager or the City Council.31. NO THIRD-PARTY BENEFICIARY: No persons other than Supplier and City(and their successors and assigns) shall have any rights whatsoever under this Agreement.32. AMENDMENTS: City or Supplier may amend this Agreement at any time providedthat such amendments make specific reference to this Agreement, and are executed in writing,signed by a duly authorized representative of both organizations, and approved by City. Suchamendments shall not invalidate this Agreement, nor relieve or release City or Supplier fromtheir respective obligations under this Agreement.33. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole andonly agreement of the parties relating to the subject matter hereof and correctly set forth therights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,negotiations, or representations not expressly set forth in this Agreement are of no force oreffect.34. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which shall constitute an original but all of which, when taken together, shall constituteone and the same agreement.35. REAFFIRMATION OF REPRESENTATIONSSupplier herby reaffirms all of the representations contained in RFPB No.WU-16-12.December 2012 00_52_00-21 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 40. IN WITNESS WHEREOF, the parties hereto have caused this instrument to beexecuted by their respective officials thereunto duly authorized, this the day and year abovewritten. “CITY” CITY OF SAN ANGELO, a municipal corporationATTEST:_______________________________ By:______________________________Alicia Ramirez, City Clerk David Valenzuela, City Manager _______________ Date “SUPPLIER” __________________________ATTEST:______________________________ By:_______________________________Print Name: Name , TitleTitle: Corporate Secretary______________ ______________Date DateDecember 2012 00_52_00-22 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 41. ATTACHMENT “A” FEE AND PAYMENT SCHEDULE FOR SUBMISSION OF RADIUM REMOVAL SYSTEM DESIGN-PHASE SUBMITTALSTotal compensation to Supplier from City for design assistance shall not exceed $ 1500,000.00(One Hundred Thousand No/100 Dollars) and shall be divided as follows:1. Supplier will be compensated 75% of total amount indicated in the Proposal for Submittalsand Design Information Services upon transmittal of draft shop drawings.2. Supplier will be compensated 25% of total amount indicated in the Proposal for Submittalsand Design Information Services upon acceptance of shop drawings.December 2012 00_52_00-23 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 42. SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND _______________________APPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ __________________________________ Lysia H. Bowling, City AttorneyAPPROVED AS TO CONTENT:______________________________Roger Banks, Purchasing ManagerAPPROVED AS TO INSURANCE REQUIREMENTS______________________________John Seaton, Risk ManagerDecember 2012 00_52_00-24 8173A10 600pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)
  • 43. City of San AngeloMemo Date: January 18, 2013 To: Mayor and Councilmembers From: Assistant Chief Scott Farris Subject: Agenda Item for JANUARY 22,2013 Council Meeting Contact: Scott Farris (325)657-4355 (325)656-3546 Caption: Consent Consideration of awarding RFP no. FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group and authorizing the City Manager to execute a service contract in substantially the attached from between the City of San Angelo and Siddons- Martin Emergency Group for the repair and maintenance of our Fire apparatus and Ambulance Fleet and authorizing the Mayor and or the City Manager to execute said Service contract. Summary: Request for proposals were sent to four vendors. They included Ferrara, Hall- Mark, Metro fire, and Siddons-Martin. Two vendors replied and met our requirements (Hall-Mark and Siddons-Martin). The San Angelo Fire Department is recommending that the City contract with Siddons Fire Apparatus for the repair and maintenance of San Angelo Fire Department’s Fire apparatus and Ambulance Fleet. Siddons currently provides repair and maintenance services for the San Angelo Fire Department. History: The San Angelo Fire Department has utilized mechanics employed by Siddons- Martin for the past two years to maintain and make repairs to our fire apparatus and ambulance fleet. Their technicians are well trained and certified to work on every aspect of our apparatus. Their response to our critical needs has been outstanding. Financial Impact: Currently, the maintenance budget for our fire equipment is $114,743. During the last budget cycle (Oct. 1, 2011 through Sept. 30, 2012) we used $70,216.73 of our annual budgeted amount on Siddons repairs. This vendor also guarantees their work for 90 days so that duplication of cost is avoided if the same repair is necessary. Proposed Contract Terms The contract shall be for tem of one year and an option to renew for two - one year terms with up to a 3% increase annually if agreeable to both parties. Vendor must provide written evidence of cost increases. Related Vision Item (if applicable): Other Information/ Staff recommends approval of the recommendation. Recommendation: Attachments: Siddons Rate-fees 1.pdf Siddons rate- fees 2.pdf
  • 44. PUR FD-05-12 Acknowledgment,Ranking,Justification.pdf RFP Final.pdf Bid Tab FD0512.xlsx ContractDraft 12-Part 1.pdf PUR FD-05-12 contractDraft12-Part 2.pdfPresentation:Publication:Reviewed by Brian DunnDirector:Approved by Legal:
  • 45. CITY OF SAN ANGELO Evaluation * RFP NO: FD-05-12/Vehicle Maintenance Service, December 5, 2012 Hall-Mark Metro Siddons No. Description Proposed Fee Proposed Fee Proposed Fee 1 Mobile Trip Charge $ 99.00 No Bid $ 85.00 2 Regular Hourly Shop Rate $ 99.00 No Bid $ 98.50 3 Overtime Shop Rate $ 135.00 No Bid $ 98.50 4 Overnight Stay Rate $ - No Bid $ 98.50 5 Parts Discount % 20% No Bid Varies 90 Days Parts/12 6 Length of Warranty for Repairs (days) 30 No Bid Months Labor Total Bid $ 333.00 $ - $ 380.50 Bids Mailed To: Ferrara Fire Apparatus Spring TX Hall-Mark Texas Houston TX Metro Fire Apparatus Specialists, inc. Mansfield TX Siddons Fire Apparatus Manor TXC:Usersbryan.kendrickDesktop01-22-1304b PUR FD-05-12 Bid Page 1 of 1
  • 46. Request for Proposal City of San Angelo Fire DepartmentVehicle Maintenance Service RFP No.: FD-05-12 City of San Angelo P.O. Box 1751 San Angelo, Texas 76902 RFP SUBMITTAL DEADLINE December 5, 2012, 2:00 P.M. Local Time
  • 47. Table of ContentsINTRODUCTION ..................................................................................................................................................... 1 DISQUALIFICATION .........................................................................................................................................................1 CONFIDENTIALITY ...........................................................................................................................................................1 DOCUMENT AVAILABILITY................................................................................................................................................1 DIGITAL FORMAT ...........................................................................................................................................................1 ADDENDA.....................................................................................................................................................................1 AWARD OF CONTRACT ....................................................................................................................................................1 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................2 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................................................2 PROPOSAL TERM ...........................................................................................................................................................2 POINTS OF CONTACT ......................................................................................................................................................2DEADLINE AND DELIVERY LOCATION ..................................................................................................................... 3 DEADLINE.....................................................................................................................................................................3 COPIES.........................................................................................................................................................................3 SEALED CONTAINER ADDRESSING......................................................................................................................................3 DELIVERY ADDRESSES .....................................................................................................................................................3SCOPE OF SERVICES REQUESTED ............................................................................................................................ 5 GENERAL SPECIFICATIONS................................................................................................................................................5 GENERAL SERVICE AND REQUIREMENTS .............................................................................................................................5 INVENTORY ...................................................................................................................................................................5 PROPOSED CONTRACT TERMS ..........................................................................................................................................6 CANCELLATION AGREEMENT ............................................................................................................................................6INSURANCE REQUIREMENTS ................................................................................................................................. 7PROPOSAL FORMAT............................................................................................................................................. 11 PROPOSAL FORMAT INSTRUCTIONS .................................................................................................................................11SELECTION PROCESS ............................................................................................................................................ 13 CRITERIA ....................................................................................................................................................................13SUBMISSION FORMS............................................................................................................................................ 15 LETTER OF INTEREST .....................................................................................................................................................17 ADDENDUM ACKNOWLEDGEMENT ..................................................................................................................................19 DISCLOSURE OF CERTAIN RELATIONSHIPS..........................................................................................................................21 DEBARMENT AND SUSPENSION CERTIFICATION ..................................................................................................................25 LIST OF REFERENCES .....................................................................................................................................................27 RATES/FEES WORKSHEET ..............................................................................................................................................29 OTHER ATTACHMENTS REQUIRED ...................................................................................................................................29
  • 48. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220INTRODUCTIONThe City of San Angelo is seeking an established qualified company specializing in the repair and preventativemaintenance (PM) of 11 Fire Engines, 2 Aerial units, 2 Rescue units, 2 ARFF units and 12 Ambulances. Disqualification Disqualification may occur for any of the following reasons: • The respondent is involved in any litigation against the City of San Angelo; • The respondent is in arrears on any existing contract or has defaulted on a previous contract with the City; • The respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs. Confidentiality All proposals 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. Document Availability Proposals documents are available and may be examined or obtained without charge in the Purchasing Department, Suite 330, City Hall, San Angelo, Texas. The Request for Proposal is also available at http://www.sanangelotexas.us. The proposal documents may be found by following the links. o City Departments o Purchasing o Bid Information o Bid Opportunities>RFP: FD-05-12 Digital Format If Bidder 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, Bidders 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. Addenda Should bid documents or specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue an addendum addressing the nature of the change. Respondents must review all addendums and complete, sign and include the Addendum Acknowledgement form with their bid. Addenda will be posted on the City’s website as they are issued. Bidder is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued prior to submitting a bid. Award of Contract The City reserves the right to accept or reject any or all proposals, and to waive any informalities or irregularities in the RFP process. The City is an equal opportunity employerRFP: FD-05-12/Vehicle Maintenance Service 1
  • 49. The City will select the most highly qualified respondent(s) of the requested services based on demonstrated competence and qualifications and then attempt to negotiate with respondent(s) a contract(s) at a fair and reasonable price. Acceptance of Proposal Content Before submitting a proposal, each Respondent 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 Respondent receives an offer because of its proposal, failure to have made such investigation and examinations will in no way relieve the Respondent from its obligation to comply in every detail with all provisions and requirements. Equal Employment Opportunity Attention of Respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability. Proposal Term Proposal shall be in effect for at least 180 days from the submission date. Points of Contact Roger Banks, Division Manager Scott Farris, Assistant Chief Purchasing Department Fire Department City of San Angelo City of San Angelo 72 West College Avenue, Suite 330. 306 w. 1st San Angelo Texas, 76903 San Angelo Texas, 76903 Email: roger.banks@sanangelotexas.us Email: support@safiredept.com Telephone: (325) 657-4220 Telephone (325)657-4355RFP: FD-05-12/Vehicle Maintenance Service 2
  • 50. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220DEADLINE AND DELIVERY LOCATION Deadline Sealed submittals must be received and time stamped by December 5, 2012, 2:00 P.M., Local Time. The clock located in Purchasing will be the official time. Faxed or electronically transmitted RFP submittals will not be accepted It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of method chosen by the respondent for delivery. Copies Please submit One (1) original, five (5) copies and one (1) copy in PDF format on CD or USB flash drive of all proposal documents, including questionnaire. Sealed Container Addressing • Lower Left Hand Corner: “RFP: FD-05-12/Vehicle Maintenance Service” • Top Left Hand Corner: Enter your company name and address. Delivery Addresses USPS: Purchasing Department RFP: FD-05-12/Vehicle Maintenance Service City of San Angelo 72 West College Avenue San Angelo, Texas 76903 Delivery Services (FedEx, UPS, etc): Purchasing Department, RFP: FD-05-12/Vehicle Maintenance Service City of San Angelo 72 West College Avenue, Suite 314 San Angelo, Texas 76903 Please ensure the delivery envelope/container is marked, “RFP Enclosed”.RFP: FD-05-12/Vehicle Maintenance Service 3
  • 51. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 4
  • 52. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220SCOPE OF SERVICES REQUESTED General Specifications Provide the Fire Department with professional fire apparatus mechanics that are both factory trained and nationally certified. General Service and Requirements 1. Vendor will assist the Fire Department in maintenance of warranty coverage. 2. The vendor shall supply all inspections forms and maintenance forms. 3. The vendor shall provide a full vehicle maintenance/inspection report on each vehicle for the life of the contract. 4. The vendor shall provide detailed documentation to City staff at the time of each repair/inspection 5. Vendor shall provide all annual or when service intervals have been reached per manufactures specifications, including aerial ladder testing. 6. Vendor shall provide all of their own test equipment and tools necessary to perform their required tasks. 7. Vendor shall be responsible for the disposal of all fluids, hazardous material, etc, as required by local, state and federal law. Inventory Reflected below is the current inventory of fire department vehicles to be serviced. TYPE UNIT ID ASSET# MILEAGE YEAR-MAKE-MODEL ALS MEDICAL UNIT M1 22547 662 2012 Chevy 3500 M10 22241 54,712 2009 Dodge 3500 M2 22328 35,329 2011 Dodge 3500 M3 22242 60,162 2009 Dodge 3500 M4 11968 76,528 2007 Ford/Frazer F-350 M5 11905 80,452 2006 Ford/Frazer F-350 M6 22327 36,606 2011 Dodge 3500 M7 22458 3,990 2012 Chevy 3500 M8 22069 76,608 2008 Ford/Frazer F-350 M9 22210 60,132 2009 Dodge 3500 M11 22070 84,995 2008 Frazer Ford F-350 M12 22209 56,700 2009 Dodge 3500RFP: FD-05-12/Vehicle Maintenance Service 5
  • 53. TYPE UNIT ID ASSET# MILEAGE YEAR-MAKE-MODEL ARFF TRUCK1 11745 13,866 2003 Oshkosh Striker TRUCK2 5016 15,784 1992 Oshkosh P-19 BRUSH TRUCK BRUSH 11553 3,578 2001 Ford 550 ENGINE OR PUMPER E2 11678 44,739 2002 Pierce Enforcer E3 22077 26,641 2008 Pierce Velocity E4 10340 97,581 1992 Pierce ENGINE OR PUMPER E5 22076 32,078 2008 Pierce Velocity E6 1107 81,374 1995 KME E7 11841 60,433 2004 Pierce Enforcer E8 11963 39,215 2006 Pierce Enforcer RP23 9059 54,819 1991 Pierce ENGINE OR PUMPER RP24 8074 53,112 1989 Pierce RP25 7817 97,764 1989 Pierce RP27 11105 64,009 1995 KME RESCUE UNIT Rescue 5 11477 80,902 1999 Freightliner Rescue 1 22299 14,833 2009 Ferrara TRUCK OR AERIAL L7 11140 42,064 1995 Sutphen L1 22345 2010 Ferrara L1 platform 22345L 100 hrs 2010 Ferrara 100” Proposed Contract Terms The contract shall be for tem of one year and an option to renew for two - one year terms with up to a 3% increase annually if agreeable to both parties. Vendor must provide written evidence of cost increases. Cancellation Agreement The City of San Angelo reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to cancel or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of San Angelo. In addition to all other legal remedies available to the City of San Angelo, the City of San Angelo reserves the right to cancel and obtain from another source, any items which have not been delivered within the period of time stated in proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by the City of San Angelo.RFP: FD-05-12/Vehicle Maintenance Service 6
  • 54. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220INSURANCE REQUIREMENTSThe following insurance requirements are an example of the City’s typical insurance requirements. The finalrequirements will be completed during the negotiations process. For more specific information, please contactJohn Seaton, Risk Manager at (325) 657-4359.1.0 INDEMNIFICATION: 1.1 GENERAL INDEMNIFICATION. PROVIDER AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM A ND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF PROVIDER OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF PROVIDER, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF PROVIDER AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY PROVIDER HEREUNDER. NOTHING HEREIN SHALL REQUIRE EITHER PARTY TO THIS AGREEMENT TO INDEMNIFY, DEFEND, OR HOLD HARMLESS THE OTHER FOR THE PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 1.2 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF PROVIDER IN PERFORMING UNDER THIS AGREEMENT. 1.3 RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND PROVIDER.2.0 INSURANCE 2.1 GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by Provider for the purpose of complying with this Agreement. 2.1.2 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.RFP: FD-05-12/Vehicle Maintenance Service 7
  • 55. 2.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Provider, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 2.1.3 WAIVER OF SUBROGATION. PROVIDER SHALL REQUIRE ITS INSURANCE CARRIER(S), WITH RESPECT TO ALL INSURANCE POLICIES, TO WAIVE ALL RIGHTS OF SUBROGATION AGAINST CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES. 2.1.4 Certificates of Insurance. At or before the time of execution of this Agreement, Provider shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non- renewal, or material change in the policy of insurance. In addition, Provider and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 106 South Chadbourne or P.O. Box 1751, San Angelo, Texas 76903. 2.1.5 Provider’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Provider’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Provider’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Provider to maintain adequate coverage shall not relieve Provider of any contractual responsibility or obligation. 2.1.6 Subcontractors’ Insurance. Provider shall cause each Subcontractor and Sub-Sub- Contractor of Provider to purchase and maintain insurance of the types and in the amounts specified below. Provider shall require Subcontractors and Sub-subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-subcontractor. 2.2 TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall obtain and continuously maintain in effect at all times during the term hereof, at Provider’s sole expense, insurance coverage as follows with limits not less than those set forth below:RFP: FD-05-12/Vehicle Maintenance Service 8
  • 56. 2.2.1 Commercial General Liability. This policy shall be a occurrence-type policy and shall protect the Provider and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Provider’s employees) and damage to property of the City or others arising out of the act or omission of the Provider or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Provider under the paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent Providers (to remain in force for two years after final payment). Coverage shall not be less than: $ 500,000.00 General Aggregate $ 500,000.00 Products- Completed Operations $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence $ 50,000.00 Fire Damage (any one fire) 2.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Provider and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than: $ 500,000.00 Each Accident Limit 2.2.3 Workers’ Compensation and Employer’s Liability. If Provider hires any employees, Provider shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Provider against all claims under applicable state workers’ compensation laws and employer’s liability. Coverage shall not be less than: Statutory Amount Workers’ Compensation $ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit The foregoing requirement will not be applicable if, and so long as, Provider qualifies as a self- insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement. If Provider uses contract labor, Provider shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.RFP: FD-05-12/Vehicle Maintenance Service 9
  • 57. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 10
  • 58. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220PROPOSAL FORMATProposals shall be submitted in the following format with each element requested and/or form furnished asspecified to facilitate evaluation of the proposals. The detailed requirements in this RFP are mandatory.Proposers are required to submit a complete RFP that satisfies all requirements. Each RFP is required to address,with a written response, each requirement in all sections of the RFP and in the same format and sequence as thedetails presented herein. To facilitate evaluation, all submittals must be submitted in the uniform format. Allsubmittals must follow the prescribed format and shall include completed forms which are attached to this RFP.Failure to follow the required format or complete the required forms may result in submittals being rejected andremoved from consideration.City of San Angelo will not participate in any cost the Respondent may incur in the preparation and submission of aproposal. The City will not be liable in any manner with regard to this RFP and the Respondent’s response to it. FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF PROPOSAL. Proposal Format Instructions Proposal should be submitted in a three-ring binder or report cover and tabbed. Each response should be organized in a fashion as outline below with sections labeled (not numbered): Please submit One (1) original, five (5) copies and one (1) copy in PDF format on CD or USB flash drive of all proposal documents, including questionnaire Each response should be organized in a fashion as outline below with sections labeled (not numbered): Tab 1 Table of Contents Tab 2 Executive Summary (no longer than 2 pages, No smaller than Ariel 9-point font) Tab 3 Completed RFP Letter Of Interest and IRS W-9 Form Tab 4 Completed Conflict Of Interest form (if applicable) and Completed Debarment and Suspension Certificate Tab 5 List of References Tab 6 Example of your standard contract Tab 7 Rate/Fee ScheduleRFP: FD-05-12/Vehicle Maintenance Service 11
  • 59. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 12
  • 60. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220SELECTION PROCESS Selection Committee All submittals shall be evaluated by a selection committee and those applicants selected for the short list may be invited to attend an interview, at the applicants own expense. A. The selection committee will consist of the following individuals: 1. Kevin Lassiter, Assistant Chief of Operations, SAFD 2. Scott Farris, Assistant Chief of Administration, SAFD 3. Bryan Dunn, Chief B. The selection committee will evaluate all proposals that are submitted. Selection ratings will be based on 100-point scale. Ranking will be as reflected below: Criteria The selection committee shall evaluate all proposals that are submitted. Selection ratings will be based on 100 point scale. Ranking will be as reflected below: Price ......................................................................................................... 35 Points Availability to Perform Repairs in a timely manner ................................. 25 Points Ability to perform the work .................................................................... 30 Points Thoroughness of proposal and services ................................................... 05 Points Pierce and Frazer repair authorization .................................................... 05 Points Respondents are advised that the City reserves the right to evaluate and rank the proposals without input from the respondents. Therefore, proposals should be complete as initially submitted. However, if you are selected for an interview, you will be expected to present not only your proposal, but also your approach. Selection, Negotiations & Award C. City staff shall make a recommendation to City Council of the selection of the most qualified respondent to enter into contract negotiations with the City. D. The selected respondent shall enter into negotiations with the City for the services to be performed. E. If satisfactory negotiations cannot be concluded, the City reserves the right to negotiate with the next highest-ranking respondent. F. When services and fees are agreed upon, the selected respondent shall be offered a contract subject to City Council approval. G. Should negotiations be unsuccessful, the City may enter into negotiations with the next, highest ranked respondent until an agreement for services and fees are reached. The City retains the right to end the process at any time. H. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred inRFP: FD-05-12/Vehicle Maintenance Service 13
  • 61. preparing for, traveling to and attending the interviews. The City reserves the right to accept or reject all or part of proposals.RFP: FD-05-12/Vehicle Maintenance Service 14
  • 62. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220SUBMISSION FORMS • RFP Letter Of Interest • Addendum Acknowledgement • Conflict Of Interest form • Debarment and Suspension Certificate • List of References • Pricing Options • Rate/Fee ScheduleRFP: FD-05-12/Vehicle Maintenance Service 15
  • 63. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 16
  • 64. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220Letter of InterestThe undersigned firm submits the following information in response to Request for Proposal (as amended byAddenda), issued by the City of San Angelo, Texas (“City”). • Respondent is responsible for calling the Purchasing Division or checking the City’s website to determine if any addendums have been issued prior to submitting a proposal. • Respondent also understands that the City is not bound to select any proposals for the final pre-qualified list and may reject any RFP submittal that the City receives. • Respondent further understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the respondent, and that the RFP submittal materials will become the property of the City and will not be returned. • Respondent agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP and accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. • The respondent certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State departments or agencies. • Respondent agrees that any offer submitted because of this RFP shall be binding on the Respondent for 120 calendar days following the specified opening date. Any proposal for which the respondent specifies a shorter acceptance period may be rejected.This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. Company Authorized Signature Printed Name & Title Address City, State Zip Code Date THIS FORM MUST BE RETURNED WITH THE BIDRFP: FD-05-12/Vehicle Maintenance Service 17
  • 65. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 18
  • 66. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220 Addendum AcknowledgementReceipt is hereby acknowledged of the following addenda to the Contract documents. Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received Addendum No. 6 dated Received Company Name Signature Printed Name ________________________________ Title ________________________________ Address ________________________________ City, State Zip Code THIS FORM MUST BE RETURNED WITH THE BIDRFP: FD-05-12/Vehicle Maintenance Service 19
  • 67. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 20
  • 68. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220 NOTICE TO VENDORS Disclosure of Certain Relationships Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor orperson considering doing business with a local governmental entity make certain disclosures concerning anyaffiliation or business relationship that might cause a conflict of interest with the local governmental entity. Theprovisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, areavailable at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm. A current list of City of San Angelo and City of San Angelo Development Corporations officers is availablein the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website athttp://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of SanAngelo Development Corporation and have an affiliation or business relationship that requires you to submit acompleted Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo no later ththan the seventh (7 ) business day after the date you become aware of facts that require the form to be filed. SeeSection 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision. By Submitting a response to a City of San Angelo or City of San Angelo Development CorporationRequest for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either ofthose two entities, you are representing that you are in compliance with the requirements of Chapter 176 of theTexas Local Government Code. Roger S. Banks Division ManagerRFP: FD-05-12/Vehicle Maintenance Service 21
  • 69. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 22
  • 70. CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4212RFP: FD-05-12/Vehicle Maintenance Service 23
  • 71. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 24
  • 72. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220 Debarment 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. Company Signature Printed Name & Title Address City, State Zip Code Date THIS FORM MUST BE RETURNED WITH THE BIDRFP: FD-05-12/Vehicle Maintenance Service 25
  • 73. Debarment and Suspension Certification INSTRUCTIONS1. 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 because 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.RFP: FD-05-12/Vehicle Maintenance Service 26
  • 74. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220List of ReferencesList at least three (3) references of similar scope and size giving company name, contact information, and term. REFERENCE ONEGovernment/Company Name:Location:Contact Person and Title:Telephone Number:Scope of Work:Contract Period: REFERENCE TWOGovernment/Company Name:Location:Contact Person and Title:Telephone Number:Scope of Work:Contract Period: REFERENCE THREEGovernment/Company Name:Location:Contact Person and Title:Telephone Number:Scope of Work:Contract Period: REFERENCE FOURGovernment/Company Name:Location:Contact Person and Title:Telephone Number:Scope of Work:Contract Period: THIS FORM MUST BE RETURNED WITH THE BIDRFP: FD-05-12/Vehicle Maintenance Service 27
  • 75. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 28
  • 76. CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220Rates/Fees WorksheetLine Description Proposed FEE 1 Mobile Trip Charge $Explain how charge is calculated: 2 Regular Hourly Shop Rate $Explain how it is calculated $ 3 Overtime Shop RateExplain how it is calculated $ 4. Overnight Stay RateExplain how it is calculated 5. Parts Discount %Explain how it is calculated days 6. Length of Warranty for RepairsOther Attachments Required A. Attach a list of Preventative Maintenances Services available, a description of those services and proposed fees. B. Attach a list of AERIAL Preventative Maintenances Services/inspections available, a description of those services and proposed fees. C. Attach a list of item-specific repairs, with a predetermined rate, a description of those services and fees. D. Provide information about what Aircraft Rescue and Fire Fighting (ARFF) equipment services you provide and associated fees. THIS FORM MUST BE RETURNED WITH THE BIDRFP: FD-05-12/Vehicle Maintenance Service 29Y:12-RFXFire DeptFD0512 Vehicle MaintFD0512 120512.docx
  • 77. Intentionally Left BlankRFP: FD-05-12/Vehicle Maintenance Service 30
  • 78. RFP: FD-05-12/Vehicle Maintenance Service 31Y:12-RFXFire DeptFD0512 Vehicle MaintFD0512 120512.docx
  • 79. City of San AngeloMemo Date: January 8, 2013 To: Mayor and Councilmembers From: Cindy M. Preas, Real Estate Administrator (657-4407) Subject: Agenda Item for January 22, 2013 Council Meeting Contact: Diana Farris, Property Specialist (657-4407) Caption: Consent Item January 22, 2013 Consideration of adopting a Resolution authorizing the Mayor to execute a quitclaim (tax-resale) deed conveying the following real property Tax Lot: rd 117 E 43 Street, (Gonzalez), Lot 5, Block 19, Fair Park Addition, $1,500, Suit No. D-08-0023-T 1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, Suit No. B- 06-0131-T Summary: The subject property was auctioned at Sheriff’s Sale conducted March 2, 2010. No offers were received causing subject property to be stuck-off to the City, as Trustee for itself and the other taxing entities. History: 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, Texas Tax Code. 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 Financial Vision – Examine liquidation of unused or underperforming city-owned properties (if applicable): Neighborhood Vision – Attract reinvestment Other Information/ Staff recommends approval. Recommendation: Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Publication: N/A Reviewed by Lysia H. Bowling, City Attorney Director: Approved by Legal: Adopted: 5/30/03 Revised: 6/21/10
  • 80. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97, Map Records of Tom Green County, Texas.Improved/Unimproved UnimprovedTax Suit Number: D-08-0023-TLocation: 117 E 43rd StreetParcel Size/Dimensions: 50 x 150City of San Angelo vs. Gary W. Voth Account #7431Tax ID Number: 09-22500-0019-005-00Judgment Date: September 8, 2009Date of Sheriffs Sale: March 2, 2010Sheriffs Deed Recorded: March 25, 2010 Years Held in Trust 2 YRSAdjudge Value: $ 4,250.00 Urban Redevelopment Sale? NOAmount of Offer: $ 1,500.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $500.00 $500.00 0.00% $500.00Maintenance Fee $ - $ - 0.00% $0.00District Clerk $348.00 $348.00 0.00% $348.00Sheriffs Fee $100.00 $100.00 0.00% $100.00Attorney Fee $365.00 $365.00 0.00% $365.00Municipal Liens $ - $3,219.78 65.33% $122.17 $122.17Taxes $ - $1,708.69 34.67% $64.83 $64.83Total $1,313.00 $4,928.47 $1,313.00 100.00% $187.00 $1,500.00Actual Total Amt Due $6,241.47Amount Remaining $ 187.00 Offer will satisfy the court cost and a portion of the taxes.
  • 81. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT WHEREAS, by Sheriff’s Sale conducted on March 2, 2010, the property described below wasstruck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosure decree ofthe 391st Judicial District, Tom Green County, Texas; and WHEREAS, the sum of One Thousand Five Hundred Dollars ($1,500.00) has been offered byCarlos Gonzalez, for the purchase of said property pursuant to Section 34.05, Texas Tax CodeAnn.(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 CARLOS GONZALEZ, a single person, all of the right, title, andinterest of the City of San Angelo, and all other taxing units interested in the tax foreclosurejudgment in the following described real property located in San Angelo, Tom Green County,Texas: Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97, Map Records of Tom Green County, Texas.APPROVED AND ADOPTED ON THE DAY OF , 2013. 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
  • 82. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove orstrike any or all of the following information from this instrument before it is filed for record inthe public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Not Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: Carlos Gonzalez, a single person 725 Amberton Parkway San Angelo, Tom Green County, Texas 76901 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97, Map Records of Tom Green County, Texas. Acct. #09-22500-0019-005-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 8, 2009 in Suit No. D-08-0023-T, by the 391st District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 22, 2010, and recorded in Instrument Number 684006, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax- Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
  • 83. which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that wasnot extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date ofthe sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is not less than the lesser of (1) the marketvalue specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and allfuture years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the JudgmentATTEST: By: ____________________________ Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, 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:
  • 84. City of San AngeloMemo Date: January 2, 2013 To: Mayor and Councilmembers From: Cindy M. Preas, Real Estate Administrator (657-4407) Subject: Agenda Item for January 22, 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: 1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750, B-06-0131-T The subject property was auctioned at Sheriff’s Sale conducted October 7, 2008. No offers were received causing subject property to be stuck-off to the City, as Summary: 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: Under 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. The 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 Presentation: N/A Publication: N/A
  • 85. Reviewed by Lysia H. Bowling, City AttorneyDirector:Approved by Legal:
  • 86. 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 October 7, 2008, the property describedbelow was struck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosuredecree of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, the Congress of the United States of America has authorized under Title 1of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42U.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 reselltax foreclosed property for less than the market value specified in the judgment of foreclosure orless than 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 situatedin 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 ofTexas, 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 ofthe subject parcel described below and declares the agency mentioned below meet the specifiedcriteria outlined under the Urban Redevelopment Program; and WHEREAS, the sum of Seven Hundred Fifty Dollars ($750.00) has been offered by T.R.Logan Enterprises, Inc, a Texas corporation, for the purchase of said property pursuant toSection 34.05, Texas Tax Code Ann. (Vernon, 1982); and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying to T.R. Logan Enterprises, Inc, a Texas corporation and aqualified home builder, all of the right, title, and interest of the City of San Angelo, and all othertaxing units interested in the tax foreclosure judgment in the following described real propertylocated in San Angelo, Tom Green County, Texas:
  • 87. Lot 5, Block 6, Kenley Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 335, Page 111, Deed Records of Tom Green County, Texas. Account #15-29800-0006-005-00APPROVED AND ADOPTED ON THE DAY OF , 2013. 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
  • 88. PROPERTY ANALYSIS For Tax Resale Property:Legal Description:Improved or UnimprovedUnimproved:Tax Suit Number: B-06-0131-TLocation: 1814 Ellis StreetSize/Dimensions: 50 x 130City of San Angelo vs. Katie Glenn Account #1822Tax ID Number: 15-29800-0006-005-00Judgment Date: November 14, 2007Date of Sheriffs Sale: October 7, 2008Sheriffs Deed October 22, 2008Recorded: Years Held in Trust 4 YRSAdjudge Value: $2,250.00 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 $ - 0.00% $ - $ -District Clerk $ 333.00 45.43% $ 113.57 $ 113.57Sheriffs Fee $ 100.00 13.64% $ 34.11 $ 34.11Attorney Fee $ 300.00 40.93% $ 102.32 $ 102.32Municipal Liens $ 428.00 0.00% $ - $ -Taxes $ 2,535.00 0.00% $ - $ -Total $ 500.00 $ 733.00 $ 2,963.00 $ 500.00 100.00% $ 250.00 $ 750.00Actual Total Amt Due $ 4,196.00Amount Remaining $250.00 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.
  • 89. 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. B-06-0131-T in favor of City of San Angelo,et al., Plaintiff(s), against Katie Glenn, and any and all other persons, including adverse claimants,Defendant(s), on a certain judgment granted November 14, 2007, and directed and delivered to the Sheriffof Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s)herein described to satisfy said judgment, the same being for taxes, penalties, interest, and costs due onthe hereinafter described lands, together with interest thereon at the rate of ten percent per annum; WHEREAS, said Sheriff did, on the 12th day of September, 2008, levy upon and advertise saidpremises as described in said Order of Sale and on the first Tuesday in October, 2008, between the hoursprescribed by law sold said hereinafter described property at public outcry in the County of Tom Green atthe courthouse door thereof at which said sale the property hereinafter described was sold to the City ofSan Angelo in trust for the use and benefit of itself, Tom Green County, San Angelo Independent SchoolDistrict, and County Education District #9, the original deed evidencing said sale being dated 21st day ofOctober, 2008, and recorded in Instrument Number 660136, in the Official Public Records of Tom GreenCounty, Texas; WHEREAS, said hereinafter described property is being sold for less than the adjudged valuethereof or the amount of the judgments against said property recovered in the above numbered andentitled cause, whichever is lowest; and WHEREAS, the herein described property is being sold to be used for a purpose consistent withthe City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051,“Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the InterlocalAgreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which areon file in the office of the City Clerk. Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor,City Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, forand in consideration of the sum of Seven Hundred Fifty dollars ($750.00) cash to it in hand paid by T. R.Logan Enterprises, Inc., a Texas corporation, receipt of which is hereby acknowledged, grants, sells, andconveys unto said T. R. Logan Enterprises, Inc., a Texas corporation and a qualified home builder, 2257Hillside Drive, San Angelo, Tom Green County, Texas, 76904, its successors and assigns with therestrictions and upon the conditions and covenants below stated, all the right, title, and interest of all thetaxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tractor parcel of land lying in Tom Green County, Texas, described as follows: Lot 5, Block 6, Kenley Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 335, Page 111, Deed Records of Tom Green County, Texas. Account #15-29800-0006-005-00
  • 90. TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges,and appurtenances thereto in any manner belonging unto said T. R. Logan Enterprises, Inc, a Texascorporation, its successors, and assigns forever, without express or implied warranty. All warrantieswhich might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code(or its successors) are excluded. However, this conveyance is expressly made on the condition that theproperty be used only for providing housing for families of low or moderate income, construction of suchhousing to be completed within three (3) years of the date of this Deed, such condition to be binding uponand to be observed by Grantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assigns shall have the right to terminate theestate granted herein and to re-enter and re-take said premises. This conveyance is also subject to theowner’s right to redeem same in the manner and within the time prescribed by V.T.C.A., Tax Code§34.21. This conveyance is made expressly subject to recorded restrictive covenants running with the landand valid easements of record as of the date of this sale, if such covenants or easements were recordedprior to January 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 _______________, 2013. 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 _____________________, 2013, by AlvinNew, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipalcorporation, on behalf of such corporation and as Trustee for any taxing authorities named in theJudgment identified in the above instrument. __________________________________ Notary Public, State of Texas
  • 91. MEMORANDUMDate: December 21, 2012To: Mayor and CouncilmembersFrom: Luis Elguezabal, A.A.E., Airport DirectorSubject: Consideration for 1-08-2013 meetingContact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010Caption: CONSENT AGENDA: CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO TASK ORDER NO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE AIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $72,404 AT SAN ANGELO REGIONAL AIRPORT.History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.Summary: Task Order No. 18 will provide the San Angelo Regional Airport with an updated Airport Layout Plan to reflect all changes experienced at the airport since the completion of the previous ALP in 2000. An update of the Airport Layout Plan is required under the FAA’s Airport Sponsor Assurances, Section-29. The Airport Layout Plan will be prepared in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. The objective of Amendment No. 1 is for a taxiway utilization study. The study is to provide the airport with proper guidance for improving the layout of the taxiway system at SJT. The study will be conducted in accordance with the design standards in FAA Advisory Circular 150/5300-13A to determine taxiway and taxilane layouts to enhance safety by avoiding runway incursions, enabling safe and efficient taxiing by airplanes while minimizing excess pavement.Financial Impact: Total cost for Task Order No. 18 Amendment No. 1 is $72,404 for which the Federal Aviation Administration has approved the use of Passenger Facility Charges to be used for this task. The City will fund this task 100% through Passenger Facility Charges (PFC). No General Fund dollars will be required.Related Vision Item: Adequately Maintain Infrastructure.Other Information/Recommendation: Staff recommends approval.Attachments: Task Order No. 18 Amendment No. 1Presentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-21-12
  • 92. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edition dated May 4, 2010.Amendment No. 1 To Task Order No. 18 – Airport Layout Plan 1. Background Data: a. Effective Date of Task Order Agreement: March 15, 2011 b. Owner: City of San Angelo – San Angelo Regional Airport c. Engineer: KSA Engineers, Inc. d. Specific Project: Airport Layout Plan 2. Nature of Amendment  Additional Services to be performed by Engineer  Modifications to Payment to Engineer 3. Description of Modifications See Attachment 1, “Modifications” Page 1 of 2 Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved.
  • 93. This is Attachment 1, consisting of 1 page, to Amendment No. 1, dated , Airport Layout Plan; Task Order No. 18.Modifications1. Engineer shall perform the following Additional Services: A. The San Angelo Regional Airport (SJT) Taxiway Utilization Study Scope of Services is to to establish the goals of the project and framework from which all parties to the project may participate. The objective of the study is to provide the airport sponsor with proper guidance for improving the layout of the taxiway system at SJT. This study will utilize FAA criteria and planning efforts to determine an optimum taxiway system to improve airfield efficiency and safety. Coordination between the Sponsor, the Federal Aviation Administration (FAA), and other parties with an interest in the airport will be essential to bringing together all facts and data relevant to the project and to developing a mutual agreement regarding future taxiway improvements at the airport. Specific objectives of the study Scope of Services will be:  Analyze existing taxiway layout and planning efforts aimed at modifying the layouts of each runway;  Alternative taxiway layouts to include new taxiways, modifications to existing taxiways, and/or removal of some existing taxiways;  Following collaboration with the airport sponsor, FAA, and airport users, provide a recommended taxiway layout plan. ELEMENT 1 - TAXIWAY SYSTEM ANALYSIS Task 1.1 – Taxiway System Operational Analysis Description: Perform an analysis of the current taxiway operational system at San Angelo Regional Airport with regard to safety and functional efficiency. FAA safety and design standards for the airport’s critical aircraft will be considered. RSAT recommendations will be considered as well as other areas of the current taxiway system that could be improved. An analysis of optimum exit taxiway locations will be performed for each runway based upon the operational mix using each. Task 1.2 – Taxiway System Alternatives Analysis Description: Formulate a series of alternatives for the taxiway system based upon the operational analysis in Task 1.1. The alternatives will address options to reduce the potential for runway incursions and improve the exit taxiway efficiency. The alternatives will be evaluated with regard to safety, optimization, functional efficiency, and logistical (phased) development, and development cost. The alternatives will submitted for the purposes of a Safety Management System (SMS) process that will include input from the FAA, CCIA, ATCT, airlines and other stakeholders. This process could result in the development of a FAA Risk Management Decision Document if required. Page 1 of 2 Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved.
  • 94. Task 1.3 - Taxiway System Recommendations Description: Based upon the results of the alternative analysis, coordination activities, issues, comment and direction from the airport staff, prepare and refine a preferred taxiway system improvement concept. This process will involve the development of conceptual airfield plan, and a refinement of development costs, and a priority schedule for development. ELEMENT 2 – FINAL REPORTS AND MEETINGS Task 2.1 - Coordination Meetings Description: The planning process will require on-site meetings at periodic points in the study. This task will include two (2) meetings that could take place at SJT and/or in the FAA Southwest Region offices in Forth Worth, Texas. One meeting will be undertaken with the sponsor to outline alternatives and the second will be for the FAA SMS panel review meeting. Task 2.2 – Final Reports Description: Once the final taxiway system plan has been developed, a final report will be submitted to the airport sponsor. This report will include information completed in Elements 1 through 2. Ten (10) copies of the Final Report will be provided, in addition to ten (10) digital copies of the entire plan (text and graphics) in a PDF format. The taxiway system layout plan drawing will be provided in AutoCad (.dwg) file format on the ALP drawings also currently being updated by the consultant.2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Category of Services Compensation Method Fee Taxiway System Plan Lump Sum $72,404.00 Total $72,404.00 Page 2 of 2 Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved.
  • 95. City of San AngeloMemo Date: December 10, 2012 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for January 22, 2013 Council Meeting Contact: Carl White, Parks & Recreation Director, 657-4279 Caption: Consent Agenda Item Consideration of authorizing a Public Art Commission photography contest program entitled “SNAPS” to promote the Commission and local visual arts. Summary: The purpose of the “SNAPS” photography contest is to promote the Public Art Commission and local visual arts. This program was conceived by one of the Public Art Commissioners and coordinated by others. Upon approval, a call for entries would be sent out with a deadline of March 1, 2013 for submissions. Dr. Ben Sum, Associate Professor of Art at Angelo State University has agreed to judge the submissions whose theme is “Through the Lens: San Angelo, Texas. Accepted works will be displayed at the Coop Gallery from 16 to 18 May. Awards st nd rd would be given for 1 , 2 and 3 places. History: There is no Council history on this item. In the past, the Council has authorized the Indoor and Outdoor Art Display Programs, initiated by the Public Art Commission. Financial Impact: The cost for this program is nominal, taking only a small amount of staff time to facilitate and coordinate the program. A designated revenue and expenditure account may need to be set up for the program. We have no good estimate as to how much funds would be generated by this program but any funds raised would either be transferred to the San Angelo Area Foundation “Public Art San Angelo” (PASA) fund, with Council approval, or spent on approved public art related projects, including contest awards. Related Vision Item None directly applicable. Other Information/ The Public Art Commission approved the program at the October 22, 2012 Recommendation: meeting. Attachments: Resolution and “SNAPS” brochure of call for entries with rules and details. Presentation: N/A Publication: N/A Reviewed by Rick Weise, Assistant City Manager Director: Approved by Legal: N/A
  • 96. RESOLUTION A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL APPROVING THE “SNAPS” CITY-WIDE PHOTOGRAPHY CONTEST AS RECOMMENDED BY THE PUBLIC ART COMMISSION (“PROGRAM”); DIRECTING AND AUTHORIZING THE PARKS & RECREATION DEPARTMENT TO FACILITATE AND COORDINATE THE PROGRAM; AND, PROVIDING FOR THE DEPOSIT OF REVENUES INTO, AND DISBURSEMENTS FOR NECESSARY EXPENDITURES AND AWARDS FROM, DESIGNATED CITY ACCOUNTS.WHEREAS, the City of San Angelo City Council has created the Public Art Commission,composed of seven members appointed by the City Council; and,WHEREAS, the Public Art Commission acts as an advisory board to the City Council, includingthe making of recommendations on art proposed for the City and assisting with related projectspromoting the visual arts in the City; and,WHEREAS, the Public Art Commission has developed and proposed to the City Council the“SNAPS” city-wide photography contest (hereinafter “program”) for promotion of the visual artsand enhancing the quality of life in the City; and,WHEREAS, the Parks & Recreation Department will facilitate and coordinate the program; and,WHEREAS, facilitation and coordination of the ”SNAPS” city-wide photography contest by theParks & Recreation Department will require designated accounts for revenues derived fromapplication fees or other sources, and program expenditures and awards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF SAN ANGELO, TEXAS THAT: 1. The “SNAPS” city-wide photography contest (the “program”) is hereby approved as developed and proposed by the San Angelo Public Art Commission; 2. The Parks & Recreation Department is hereby directed and authorized to facilitate and coordinate the program as developed and proposed by the San Angelo Public Art Commission; and, 3. Program application fees and other revenues may be accepted by the Parks & Recreation Department for deposit, and disbursements for necessary program expenditures and awards may be made from, designated City accounts for the Parks & Recreation budget.
  • 97. PASSED AND APPROVED by the ____________________ City Council on this the____ day of _____________________ 2013. APPROVED: ______________________________ Mayor, Alvin NewATTEST:______________________________Alicia Ramirez, City ClerkAPPROVED AS TO CONTENT: APPROVED AS TO FORM:______________________________ ______________________________Carl White Lysia H. BowlingParks & Recreation Director City Attorney
  • 98. SNAPS!A city-wide photography contestTo promote the Public Art Commission and local visual arts Call for Entries Exhibition Dates: May 16—18, 2013 Postmark Deadline: March 1, 2013 Public Art Commission The City of San Angelo, Texas
  • 99. Entry Postmark Deadline: March 1, 2013 SNAPS! - Call for EntriesExhibition Juror: Ben Sum, Associate Professor of Art, An- May 16-18, 2013gelo State University. Mr. Sum joined the ASU art faculty in2005. He teaches drawing and painting and has an extensive All entries must be postmarked no later thanbackground in computer graphics. March 1, 2013Theme: Through the Lens: San Angelo, TX Please fill out this form. Please make check payable to City of San Angelo - Public Art Commission. Mail entry form, CD ,Eligibility: Open to all photographers, amateur and profes- entry fee and your SASE (only for specified CD return) to:sional. Entries must be submitted on a CD. Entrants warrantthat they have copyright to all submitted work. If the print de- City of San Angelolivered does not accurately represent the digital file we reserve Parks and Recreation Departmentthe right to refuse the image. 702 Chadbourne St San Angelo, TX 76903Entry Fee: $10 for 2 images; Additional images are $5 eachup to a total of 5 images. Name: _________________________________________Digital Image Requirements: All work will be judged by Address: _______________________________________digital images. All images must be in jpeg format in high reso-lution (300 dpi). Label CDs with artist’s name and number of _______________________________________work that corresponds with the entry form. CDs will not be re-turned unless requested and return postage is included. Notifi- E-Mail: ________________________________________cation of acceptance or decline will be by e-mail. Phone: _________________________________________Exhibition Venue: All accepted work will be on display atthe Coop Gallery, Oakes Street located next to the San Angelo List of Entries:Museum of Fine Arts. The opening reception will be on Thurs-day, May 16 and the exhibit will continue Friday and Saturday, Photo Titles:May 17 and 18. All accepted photographs must be framed andready for installation. 1. _____________________________________________Awards: First Place $150, Second Place $100, Third Place 2. _____________________________________________$50, Merit Awards. Calendar of Events: 3. _____________________________________________ March 1 - Deadline to Apply April 5 - Email Notification 4. _____________________________________________ May 15 - Delivery of Artwork May 16 - Exhibition Opening 5. _____________________________________________ May 18 - Pick-up Artwork
  • 100. City of San AngeloMemo Meeting Date: January 22, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: The approval of bylaws for the Design and Historic Review Commission. Purpose: Approval or modification of this request by the City Council finalizes the last step necessary for conducting business by the Design and Historic Review Commission. Contacts: Roxanne Johnston, Planner 325-657-4210 Caption: Consideration of approving bylaws for the Design and Historic Review Commission (DHRC) as required by the Code of Ordinances, Article 2.2800, Section 2.2805, and as unanimously recommended by the DHRC at their last meeting on December 20, 2012. Summary: The City Council may: (1) Approve the proposed bylaws as requested; or (2) Modify the bylaws to some alternative format and/or content believed to be more appropriate; or (3) Deny the proposed Bylaws for the Design and Historic Review Commission.
  • 101. Recommendation: City staff recommends approving the proposed bylaws. In2012, City Council adopted the Design and Historic Review Commission, therebyconsolidating the Historic Preservation Commission and the River Corridor Commissionin order to streamline processes and prevent redundancies. This new Commissionreviews and recommends to the City Council designations of the Historic Overlay Zonesand renders decisions on Certificates of Appropriateness required for alteration and newconstruction or demolition of structures in the Historic Overlay Zones. This Commissionalso oversees development and recommends design standards in the River Corridor.These proposed bylaws will regulate and provide legal authoritative guidelines by whichthe Design and Historical Review Commission can conduct their meetings and heardecisions brought before them with regard to the City of San Angelo Zoning Ordinance.On December 20, 2012, by a unanimous vote of 6-0, the Design and Historic ReviewCommission recommended approving the bylaw draft as presented, and remitting thedraft to City Council. Attachments: Draft minutes from the December 20, 2012 Design and Historic Review Commission meeting; and Draft bylaws for the Design and Historic Review Commission.
  • 102. MINUTE RECORD OF THE CITY OF SAN ANGELO DESIGN AND HISTORICREVIEW COMMISSION MEETING HELD ON THURSDAY, DECEMBER 20, 2012 AT10:00 A.M, MCNEASE CONVENTION CENTER, COUNCIL CHAMBERS, 500 RIOCONCHO DRIVE, SAN ANGELO, TEXASPRESENT: William J. Carter, LeeAnn Bailey, and David Mazur, Hal Noelke, BenjaminVillarreal , Margaret Mallard, Gary DonaldsonABSENT:STAFF: Roxanne Johnston, Planner AJ Fawver, Planning Manager Barbara Hesse, Historic Preservation OfficerIV. Discussion and possible action regarding draft bylaws for the Designand Historic Review Commission.AJ Fawver gave a brief overview of the history leading up to the creation of thedraft bylaws. Roxanne Johnston, Planner, came forward to review these with theCommission members. She reminded the Commission that they are now actingas an advisory commission to the City Council for design and historic matters.She reviewed the draft bylaws with the Commission.Benjamin Villarreal and Gary Donaldson entered the meeting at 10:19 and 10:24,respectively.Staff spent a good deal of time talking about the duties and emphasizing the roleof the Commission and the wide range of duties which the Commission membersshould be aggressively pursuing as both regulatory officials - and ambassadors -for their areas of expertise.There was additional discussion about absences for the Commission membersand the types of absences (excused vs. unexcused). Mr. Johnston also reviewedthe possible actions of delaying a case (postponement) and the required timelinefor the different types of cases. There was some discussion about the roles of the
  • 103. ex-officio members, the way that public comment is handled, and that sort ofthing. The method of voting was also discussed.The bylaws were discussed by the Commission briefly.Motion, by Hal Noelke, to accept the proposed bylaws as presented. The motionwas seconded by David Mazur. The motion passed unanimously, 7-0.
  • 104. A RESOLUTION OF THE CITY OF SAN ANGELO APPROVING BYLAWS OF THE CITY OF SAN ANGELO, TEXAS, DESIGN AND REVIEW COMMISSION; AND, DIRECTING THAT SAID BYLAWS BE FILED WITH THE CITY CLERK. WHEREAS, the Design and Historic Review Commission (DHRC) has beencreated and established by ordinance adopting restated Article 2.2800, entitled “River CorridorCommission; and, WHEREAS, pursuant to said ordinance, the DHRC is to adopt Bylaws to becomeeffective upon approval of the City Council; and, WHEREAS, on , 20 , the DHRC adopted and unanimouslyrecommended for approval by the City Council Bylaws, a copy of which are attached to thisResolution as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SAN ANGELO THAT: The Bylaws adopted by the San Angelo Design and Historic Review Commission, acopy of which are attached to this Resolution as Exhibit “A”, and unanimouslyrecommended by the DHRC for approval by the City of San Angelo City Council pursuantto Article 2.2800 of the Code of Ordinances of the City of San Angelo, are hereby approvedin their entirety, a copy of which are directed to be filed with the City Clerk.. PASSED and APPROVED THIS DAY OF , 2013. THE CITY OF SAN ANGELO ______________________________ATTEST Alvin New, Mayor______________________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:______________________________ ______________________________Lysia H. Bowling, City Attorney A. J. Fawver, Planning Manager
  • 105. EXHIBIT “A” RESOLUTION BY THE CITY OF SAN ANGELO APPROVING BYLAWS FORTHE DESIGN AND HISTORIC REVIEW COMMISSION
  • 106. BYLAWS OF THE CITY OF SAN ANGELO, TEXAS DESIGN AND HISTORIC REVIEW COMMISSION ARTICLE ONE GOVERNANCE AND PURPOSE Section 1.01. Governance of the Commission. The Design and Historic Review Commission of the City of San Angelo, hereinafter referred to as the “Design and Historic Review Commission” or “Commission”, shall be governed by these By-Laws, subject to ordinances establishing and governing the Commission now in effect or hereinafter adopted, and applicable state law. Section 1.02. Purpose of the Commission. The Commission shall assume those duties imposed upon the Commission by City ordinances with the purpose to protect, enhance and perpetuate landmarks and districts of historical and cultural importance. The Commission shall function in an advisory capacity to the City Council in matters of design review and the application of Historic Overlay Zones for historic preservation within the City, including development along the Concho River. ARTICLE TWO COMPOSITION OF THE COMMISSIONSection 2.01. Number and Composition. (a) The Design and Historic Review Commissionshall consist of seven members appointed by the City Council, having the followingqualifications to the extent that such candidates for appointment are available among theresidents of the City: 1. at least two (2) members shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession; 2. at least one (1) member shall be recognized as a historian or a member of a local historic preservation group; 3. at least one (1) member shall be an owner of real property within the River Corridor; 4. at least one (1) member shall own real property designated or recognized as a community landmark, or within a designated historic district; and, 5. at least one (1) member shall be a member of a downtown development organization under contract with the City of San Angelo. 1
  • 107. A single candidate may be regarded as meeting more than one of the foregoing qualifications for the Commission. (b) Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge of historic preservation or a professional design field. (c) The following City staff persons or their designated representatives shall sit on the Design and Historic Review Commission as ex-officio, non-voting members, who shall assist the Commission in its functions:  Director of Planning;  Chief Building Official; and  Historic Preservation Officer.Section 2.02. Term. Members of the Commission shall serve no more than two (2) fullconsecutive two (2) year terms.Section 2.03. Vacancies. (a) Vacancies for unexpired terms shall be filled by appointment ofan interim member by the City Council for the remainder of the unexpired term of the memberwhose position is vacated; provided however, that a person serving such an interim appointmentshall nevertheless be eligible to serve two (2) full, consecutive terms after completion of his orher interim appointment.(b) In the event the Chairperson vacates his office, the Vice-Chairperson shall succeed and serveas Chairperson for the unexpired term. A new Vice-Chairperson shall be elected at the nextregular meeting of the Commission.Section 2.04. Removal from Office. Members of the Design and Historic Review Commissionshall serve at the pleasure of City Council, subject to removal by the City Council without cause. ARTICLE THREE DUTIESSection 3.01. Responsibilities of the Commission. The Commission shall act in an advisorycapacity to the City Council in matters of design review relating to historic preservation in theCity and development along the Concho River. The responsibility of the Commission within thescope of its general duties and corresponding authority shall include: 2
  • 108. 1. Adopt bylaws, rules, and regulations to carry out the business of the Commission, subject to ratification by the City Council.2. Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, subject to ratification by the City Council.3. Prepare and present to the City Council, recommendations for policies and ordinances regarding development and all types of signage along the Concho River and other similar bodies of water as designated, subject to ratification by the City Council.4. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City.5 Recommend the designation of landmarks, historic districts, and other types of districts.6. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.7 Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public educational programs.8. Increase public awareness of the value of open spaces, public spaces, natural habitats, and wildlife along the Concho River and other similar bodies of water as designated by developing and participating in public educational programs.9. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of open and public spaces along the Concho River and other similar bodies of water as designated.10. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City.11. Approve or deny applications for Certificates of Appropriateness pursuant to provisions of the City of San Angelo Zoning Ordinance.12. Prepare specific design guidelines for the review of landmarks, districts, and construction & demolition of historic buildings.13. Recommend the acquisition of a landmark structure by the City of San Angelo where its preservation is essential to the purpose of this article and where private preservation is not feasible. 3
  • 109. 14. Recommend the acquisition of land along the Concho River and other similar bodies of water as designated by the City of San Angelo where its proximity to the river is vital to the purpose of this article. 15. Recommend to the City Council tax abatement and other economic development programs for the preservation of landmarks or historic districts. 16. Recommend to the City Council tax abatement and other economic development programs for sustainable developments along the Concho River and other similar bodies of water as designated. 17. Recommend to the City Council the acceptance of the donation of preservation easements and development rights as well as any other gifts of value for the purpose of historic and environmental preservation. 18 Carry out other duties as specifically delegated to the Commission by the City Council. ARTICLE FOUR OFFICERSSection 4.01. Chairperson. The Design and Historic Review Commission shall elect aChairperson from its members at its first meeting in January. The Chairperson shall be electedfor a term of one (1) year or until expiration of the member’s term on the Commission. TheChairperson may be re-elected to serve as Chairperson for successive one year terms. TheChairperson shall: 1. Preside at all meetings of the Commission; 2. Call special meetings of the Commission in accordance with the adopted Bylaws; 3. Execute official documents of the Commission; 4. Ensure that actions required of the Commission are properly taken; and 5. Vote on all matters before the Commission.Section 4.02. Vice Chairperson. The Design and Historic Review Commission shall elect aVice Chairperson from its members at its first meeting in January, who shall serve as theChairperson in the absence of the Chairperson. The Vice Chairperson shall be elected for a termof one (1) year or until earlier expiration of the member’s term on the Commission. The ViceChairperson may be re-elected to serve as Vice Chairperson for successive one year terms.Section 4.03. Secretary. The Planning Manager for the City, or his or her designee, shall serveas Secretary to the Commission. The Secretary shall keep the minutes of all meetings of theCommission, shall be the custodian of all books and records of the Commission, prepare and 4
  • 110. send or deliver such notices as directed by the Commission and in general perform all duties asmay be required by the Commission. The Secretary, along with the Historic PreservationOfficer, shall coordinate the preservation efforts of the Commission with applicable state andfederal agencies and non-profit organizations. ARTICLE FIVE RULES OF PROCEDURESection 5.01. Rules of Order and Procedure. The Design and Historic Review Commissionshall adopt rules of order and procedure to regulate meetings of the Commission and otherbusiness of the Commission. The rules of order and procedures shall govern procedural matters,shall be kept on file with the Director of Planning, and shall be available for inspection by thepublic .Section 5.02. Voting. (a) Votes taken by the Commission shall be conducted in open meetingsupon motion made and seconded, and by a show of hands. The results of each vote shall beannounced by the Chairperson at the time the vote is taken.(b) On any matter in which the Commission is to offer a recommendation to the City Council,and a tie vote is taken by the Commission, the tie vote shall be forwarded to the City Councilwithout recommendation for approval or disapproval by the Commission.(c) Unless excused or disqualified from voting, a Commission member shall cast a vote on eachmotion duly made and seconded. A failure to cast a vote on a duly made and seconded motionby a Commission member who is otherwise required and eligible to vote, shall be deemed by theChairperson to be a vote in the affirmative.Section 5.03. Conflict of Interest. (a) No member of the Commission shall participate in anymatter in which he or she has a substantial interest in the business or property concerned, or hasany other conflict of interest as defined by applicable law, except as may be otherwise permittedpursuant to Chapter 171 of the Texas Local Government Code, which shall govern. “Substantialinterest” and “Business entity” are as defined in Chapter 171 of the Texas Government Code. Tothis end the conflicted Commission member shall execute an appropriate affidavit as required bystatute, and shall leave the meeting room during discussion, deliberation and vote on the matterin which the Commission member has a conflict of interest.(b) If a member of the Commission believes that he or she may have a perceived conflict ofinterest for a specific matter not covered by paragraph (a) of this section, from which he or she 5
  • 111. desires to be excused, then that Commission member may be excused upon motion made,seconded and adopted by a majority vote of the remaining Commission members. The excusedCommission member shall leave the meeting room during discussion, deliberation and vote onthe matter in which the Commission member has a perceived conflict of interes.Section 5.04. Absences. (a) Each member of the Commission who gains knowledge of the factthat he/she will not be able to attend a scheduled meeting of the Commission shall so notify thePlanning Division as early as is reasonably possible prior to the meeting. The Planning Directorshall notify the Chairperson in the event that the anticipated absence will result in the lack of aquorum. If, for any valid reason, a member is not able to attend a regular meeting and notifiesthe Chairperson or the Planning Division at least seventy-two (72) hours in advance of thescheduled time for a meeting, the member’s attendance shall be excused and the absence shallnot count against the member’s attendance record (hereinafter “excused absence”).(b) Each member of the Commission shall be required to attend at least ten (10) regularlyscheduled meetings annually from the member’s date of appointment. Any member failing tocomply with this requirement shall be deemed to have resigned from the Commission. Amember’s excused absences shall be counted the same as if the member had attended themeeting from which he or she was excused for purposes of this requirement. ARTICLE SIX PUBLIC MEETINGSSection 6.01 Regular Meetings and Open Meetings Act. All meetings of the Design andHistoric Review Commission shall be held incompliance with the Open Meeting Act of the Stateof Texas. Regular meetings shall be scheduled at least once a month. Additional meetings maybe held upon the call of the Chairperson or the Vice Chairperson, in the absence of theChairperson, or upon petition of a simple majority of the Commission members, following atleast seventy-two (72) hours notice to each member of the Commission and public notice of themeeting and meeting agenda.Section 6.02 Historic Overlay Designations. The Design and Historic Review Commissionshall hold at least one public hearing on each proposed Historic Overlay Zone designation and oneach application for Certificate of Appropriateness. However, no public hearing shall bescheduled until after the application for the Certificate of Appropriateness is completed and allapplicable fees have been paid. The Commission may postpone or table a public hearing on anapplication for a Certificate of Appropriateness if the Commission finds that additionalinformation relative to the pending application is necessary for its review of the application. 6
  • 112. Section 6.03. (a) Public Notice. Notice of all meetings of the Design and Historic ReviewCommission shall be given in compliance with the requirements of the Texas Open MeetingsAct. Notice of hearing to consider Historic Overlay zoning designation shall also comply withChapter 12, Exhibit “A” Zoning Ordinance, Article 2 Development Review, Section 211 HistoricOverlay Zone, of the Code of Ordinances of the City of San Angelo, and with Chapter 12Planning and Development, Article 12.800 Historic Preservation Tax Abatement, Section 12.803Historic Project Tax Abatement, of the Code of Ordinances of the City of San Angelo, whenapplicable. The Director of Planning of the City shall be responsible for compliance with thenotice requirements.(b) Notice to Commissioners. Notice of any meeting of the Commission, whether a regular ora special meeting, shall be given to the members of the Commission at least three (3) days inadvance of the meeting, by written notice delivered personally, sent by mail, electronic mail, orfacsimile to each member. Such notice shall contain the time, date, place, and the agenda to beconsidered.Section 6.04. Quorum. (a) For purposes of convening a meeting, a quorum shall consist ofFive (5) duly appointed regular, voting members of the Commission. Except as stated atsubparagraph (b) of this section, decisions of the Commission may be made only upon theaffirmative vote of at least four (4) regular, voting members.(b) When a property owner objects to property, being included in a Historic Overlay zone,whether an area, site, building(s), or other structure, fixture or object, of historical, architectural,or cultural significance, the affirmative vote of at least six (6) members of the Commission shallbe required for a recommendation by the Commission to the City Council that the property beincluded in a Historic Overlay Zone.Section 6.05. Agenda. The Director of Planning shall prepare the agendas necessary forCommission meetings. Any member of the Commission may have an item placed on the agendaby timely notifying the Historic Preservation Officer or the Director of Planning pursuant toapplicable procedures for preparation of the agenda and public notice.Section 6.06. Deadlines. The deadline for submission of completed applications to the Designand Historic Review Commission is 5:00 p.m. on the last work day at least fifteen workdaysprior to the scheduled Commission meeting.Section 6.07. Staff. City staff or persons serving the Commission shall include: 1. Historic Preservation Officer. 7
  • 113. The City Council or its designee shall appoint a qualified City official, staff person, or appropriate resident of the City to serve as Historic Preservation Officer (HPO). This Officer shall administer the Design and Historic Review Commission Ordinance, and on request of the Commission, advise the Commission on matters submitted to it. The Historic Preservation Officer, in coordination with the Secretary to the Commission, is responsible for coordinating the City’s preservation activities with those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. 2. Director of Planning and Chief Building Official. The Director of Planning and the Chief Building Official or their designated representatives shall attend all meetings of the Commission and may provide information and make recommendations to the Commission regarding matters within the purview of the Commission. 3. City Attorney The City Attorney or designated Assistant City Attorney shall be the legal advisor to the Design and Historic Review Commission.Section 6.08. Committees. The Chairperson of the Design and Historic Review Commissionmay, with approval of a majority of the members of the Commission, appoint Special StudyCommittees and assign tasks to those committees.Section 6.09. Presentation and Public Comment. (a) Public comment to the Commissionregarding an item on the agenda shall be limited to a five (5) minutes per person or presenterunless such person or presenter requests and receives an allowance of additional time from thepresiding officer. The presiding officer may exercise reasonable and unbiased discretion inallowing or not allowing additional time for any person or presenter. The use of a singlepresenter or spokesperson to represent a group of people having like interests or positions on amatter before the Commission is encouraged.(b) When there are a large number of persons present who wish to address the Commission on amatter, the presiding officer may reduce below five (5) minutes, the amount of time allowed eachperson on public comment to address the Commission. When, due to the number of people whowish to address the Commission or for other reasons, there is not time available to completeconsideration of a matter or matters on the meeting agenda, the presiding officer may continue 8
  • 114. the meeting to a later date in a manner compliant with the requirements of the Open MeetingsAct.(c) The order of Consideration of Agenda Items shall be: 1. Staff presents report and recommendation. 2. The Commission may ask questions regarding the staff presentation and report. 3. Proponents of the agenda items are allowed to make public comment. 4. Any opponents are allowed to make public comment. 5. Final comments. 6. The Commission then takes a vote.Section 6.10. Minutes of Meetings. The Design and Historic Review Commission shall keepminutes of its meetings. Minutes shall include a description of each motion and vote. Theminutes of Commission meetings shall be filed with the Commission Secretary and madeavailable for public inspection. ARTICLE SEVEN AMENDMENTS TO BYLAWS(a) The bylaws of the Design and Historic Review Commission may be amended by affirmativevote of at least four voting members of the Commission and approval by the City Council.(b) Members of the Design and Historic Review Commission shall be provided notice of anyproposed amendment to the bylaws at least two (2) weeks prior to any Commission meeting atwhich consideration of the amendment to the bylaws is on the meeting agenda. ARTICLE EIGHT PARAGRAPH HEADINGS AND TABLE OF CONTENTSThe table of contents and the paragraph headings contained herein are for convenience in 9
  • 115. reference to these bylaws and are not intended to define or to limit the scope of any provisionherein. APPROVED AND RECOMMENDED to the City Council of the City ofSan Angelo this _______ day of __________________, 2012. ,Chairperson Date: , 2012 RATIFIED AND ADOPTED by the City Council of the City of San Angelothis _______ day of ____________________, 2012.ATTEST: Alvin New, MayorAlicia Ramirez, City ClerkAPPROVED AS TO CONTENT APPROVED AS TO FORMA. J. Fawver, Planning Manager Dan T. Saluri, Sr. Assistant City Attorney 10
  • 116. City of San Angelo Office of the City ClerkMemoDate: January 14, 2013To: Mayor and CouncilmembersFrom: Alicia Ramirez, City ClerkSubject: nd Agenda Item for January 22 Council MeetingContact: Alicia Ramirez, City Clerk, 657-4405Caption: Consent Item Consideration of accepting the annual report of Records Management Program and consideration of adopting a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management ProgramSummary: The annual report is required by state law and City ordinance. The Resolutionallows the Records Management Officer to continue implementation of routine operational andprocedural amendments to the Records Management Program during the year between reportsto the Council and, if necessary, with approval of the Records Management Committee.Financial Impact: The expenses (other than personnel costs) to support the Records ManagementProgram during fiscal year 2010-11 were $23,365. These expenses included storage costs, storagesupplies, and costs for destruction of out of retention and confidential records ($12,100) and relocationof records storage facility and related shelving units ($11,265). Due to the facility relocation, totalfunding budgeted for fiscal year 2011-12 was decreased to $7,900.Other Information/Recommendation: A detailed report and the Resolution for consideration areattached. Staff recommends the adoption of this Resolution.Attachments: Report and Resolution
  • 117. A RESOLUTION AUTHORIZING THE RECORDS MANAGEMENT OFFICER TO CONTINUE TO IMPLEMENT ROUTINE OPERATIONAL AND PROCEDURAL AMENDMENTS TO THE CITY OF SAN ANGELO’S RECORDS MANAGEMENT PROGRAM DURING THE INTERIM BETWEEN REPORTS TO THE CITY COUNCIL AND UPON APPROVAL OF THE RECORDS MANAGEMENT COMMITTEEWHEREAS, the City of San Angelo Records Management Plan was developed in accordance with the Texas Local Government Records Act of 1989 and the Records Management Ordinance, approved by the Records Management Committee, and adopted by the City Council; andWHEREAS, the City of San Angelo Records Management Manual sets out policies and procedures for implementation of the Records Management Plan and has been approved by the Records Management Committee and adopted by the City Council; andWHEREAS, the City of San Angelo Records Management Officer finds it necessary to implement routine operational and procedural amendments to the Program during the interim between annual reports to the City Council.NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo, Texas,hereby authorizes its Records Management Officer to continue to implement the necessary routineoperational and procedural amendments to the Program during the interim between annual reports tothe Council and upon approval of the Records Management Committee.PASSED, APPROVED and ADOPTED on the 22nd day of January, 2013. CITY OF SAN ANGELO, TEXAS Alvin New, MayorATTEST:_____________________Alicia Ramirez, City ClerkApproved as to Content/Form:_____________________Alicia Ramirez, City Clerk
  • 118. 2012 Records Management Report City of San Angelo Records Management Program Prepared by Alicia Ramirez, Records Management Officer January 22, 2013
  • 119. Introduction:In December 1990 the City Council adopted an Ordinance establishing a Records Management Program for theCity of San Angelo to meet the requirements of the State Local Government Records Act. The Ordinanceprescribes the duties and responsibilities of City officials in the preservation, microfilming, destruction and otherdispositions of City government records. The program has been designed to reduce the costs and improve theefficiency of record keeping, to adequately protect the essential records of the City of San Angelo, and toproperly preserve those records of the City of San Angelo that are of historical value.Requirements of Program:The Records Management Program requires all departments to establish retention schedules for all recordscreated or received by their department. In accordance with records retention schedules, which have been filedwith the Texas State Library, all City departments are to inventory their departmental records each year anddestroy those records, which have met the retention periods established in the schedule. After authorization isgiven for destruction, the departments shall destroy those eligible records. The yearly maintenance ofdepartment records lessens the need to purchase additional storage cabinets or boxes to store inactive recordsand provides cost savings for the City.Records Inventories:1995 was the first year the inventory phase went into effect, requiring each department to inventory the recordsin their department. All inactive records retained 5 years or longer are candidates for low-cost inactive storage,giving room in departmental filing cabinets for active records. Out of retention records are destroyed accordingto their related schedules. The following table represents a summary of the cubic feet of records destroyed since1995: 1400 1200 1000 800 600 400 200 0 -7 -9 -1 -3 -5 -7 5 9 1 -9 -0 -1 96 98 00 02 04 06 94 08 10 19 19 20 20 20 20 19 20 20* 2003-4 and 2005-06 were the result of an in-depth review/destruction of out of retention recordsAs a matter of comparison, one two-drawer letter filing cabinet equals approximately 3 cubic feet of records.The year to date total of all records destroyed since inception of the Program equals 5,940 cubic feet or 1,980two-drawer filing cabinets. Considering that a filing cabinet costs approximately $300, the estimated total costsavings over the past ten years, in filing equipment alone, is $594,400.In 2004-5, staff was not able to conduct a massive destruction process due to additional duties assigned to thedepartment and personnel changes. With the in-depth destruction in 2003-4, staff was able to audit existing
  • 120. department files and change various department records retention schedules to accommodate and facilitate theprocess at the new facility at Fort Concho.In 2005-6, staff was able to conduct a massive destruction of over 598.6 cubic feet or 199 two-drawer filingcabinets. Department staff has provided in-depth assistance to two departments to further develop their recordsmanagement program. Permanent record storage costs are .25 per box. With additional departments taking anactive approach in their RM program, storage cost will continue to escalate $150 to $200 per year.Since 2007 to date, staff has diligently worked with various departments on their destruction schedule. Annualdestruction has remained steadily flat. Staff has also been successful in engaging inactive departments in theprogram. Due to the various office moves and relocations, departments have a better appreciation for theprogram as they are able to easily dispose of inactive/obsolete records.In September 2009, staff worked to prepare all City Hall departments for the relocation due to the City Hallrenovation project. We meet individually with all departments to inventory their records and ensure the properprocedure was followed. The majority of the departments submitted record schedule amendments; thereby,updating, revising, and/or reducing the time documents were kept within their offices. The amendments havebeen forwarded to and pending final approval from the State Archives Commission. In December 2009, CityHall relocated into its temporary location. Based on the revised retention schedules, Departments were able tostore additional records off-site. Total records destroyed due to this process were 700 cubic feet or 233 two-drawer filing cabinets.In January 2010, the build out of the Tom Green County (TGC) Basement for records storage purposes wascompleted (based on contract agreement between TGC for the use of the former Hemphill Wells building as thefuture Library). We purchased shelving and began moving records from City Hall and current facility to theTGC Basement.In Spring 2011, the additional permanent storage at the paid facility was cancelled. Storage relocation cost fromthis facility was $6,000. The records were relocated to TGC resulting in additional savings of $10,000 whichwill be used to purchase additional shelving, records management software, and possibly fund additional staffspecifically dedicated to the records management function. In Summer 2011, TGC proposed exchanging avacant building for the storage space in the TGC Basement. Staff reviewed the proposal, the related cost, anddecided the building exchange was not conducive to the City’s needs.Ongoing Projects:Departments conduct their annual inventory review in January of each year. Departmental liaisons also reviewtheir current Records Retention Schedule for any possible amendments to better accommodate their work flowswithin the guidelines of the adopted State Schedules.As of December 2000, the City Clerk’s Office has utilized the City’s storage facility located on the Fort ConchoMuseum grounds for non-permanent records storage. Annual storage cost savings is an estimated $8,000.However, it should be noted that city staff struggle to continue the level of service expected by departments dueto the decreased assistance given the City Clerk’s Department by the Building Maintenance Department as aresult of reduced staffing and project workload. The City Clerk’s Department has made arrangements withMunicipal Court maintenance personnel to assist with retrieval and stocking of requested records at the facility.We have also taken the opportunity to utilize the Municipal Court’s Alternative Work Program, a.k.a.Community Service Workers, which saves our department approximately $500 in labor costs.Its estimated that more than 90% of the records being created today are electronic. Coupled with theoverwhelming growth of electronic messages - most notably e-mail and instant messaging - the management of
  • 121. electronic records has become a critical business issue. How that information is managed has significantbusiness, legal, and technology ramifications. Ultimately, it doesnt matter what medium is used to create,deliver, or store information when determining if content is a record and should be managed accordingly. Staffwill be conducting needs assessments for these types of records as well as assisting department liaisons withtraining and management of these records.In 2007, Council authorized the purchase of a centralized email server that would save all City emails, with theexception of the Police Department. Staff will meet with key department staff to create retention schedules andappropriate records maintenance process.In 2011, staff made concentrated efforts due to the numerous files generated by the City of San Angelo.Revisions to existing retention schedules were revised based on the updated State schedules. The schedulerevisions created an additional demand to this overburdened department. Due to insufficient support staff,facilitating the transfer of records and related duties continues to be a struggle for this department.In 2012, Staff met with TGC representatives to consider sharing resources and staff for the recordsmanagement. We are working on a proposal and will submit for review of and approval by City management.For 2013, our goal is to either hire additional personnel or continue with the concept to share resources withTGC. Records Management is vital to the organization, however, concentrated efforts are lacking.Financial Impact:Program costs for fiscal year 2011-12 was approximately $3,724 with $1,524 expended for supplies (boxes,labels, etc) and $2,200 for destruction of confidential and out of retention records. Based on relocating andtransferring all permanent stored records to the new TGC Keyes facility, total funding budgeted for fiscal year2011-12 decreased to $7,900. Supplies are expected to increase due to changes in department records retentionschedules, increase in department participation, and additional records inventory of these records. 16000 14000 12000 10000 8000 Supplies 6000 Destruction 4000 Storage 2000 0 2003-4 2007-8 2009-10 2011-12Conclusion:In conclusion, the City’s Records Management Program exists with an excellent working relationship havingbeen established between the Records Management Division, City departments, the Municipal CourtMaintenance staff, and Community Service Program. Further positive support of the liaisons and DepartmentHeads will allow the City’s records management program to be an excellent research resource, and City Councilhas allowed the City’s records program to be extremely successful and set the standard for municipal recordsmanagement.
  • 122. The next level in the program would be to have a framework for Integration of Electronic DocumentManagement System and an Electronic Records Management System. Staff is currently visiting with vendorsregarding our City’s specific needs and expectations.
  • 123. City of San AngeloMemo Date: January 11, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Interim Water Utilities Director Subject: Agenda Item for January 22, 2013 Contact: Ricky Dickson, Interim Water Utilities Director 657-4209 Caption: Regular Agenda Item Consideration of adopting a Resolution of the City of San Angelo authorizing the City Manager to grant a thirty foot five-inch (30’5”) variance from the required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by Leaseholder Bruce L. Hitt, on City-owned property located At 1814 Cove Road. Summary: Lake Nasworthy Residential Lot Lease states no dwelling or residence shall be located nearer than 75 feet to the 1872.2 foot elevation line. The lease also states that lessee may request from Council a variance or deviation from any term or condition contained herein. History: Bruce L. Hitt acquired the leasehold interest in the city-owned property located at 1814 Cove Road and described as Lot 4, Block A, Group 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas, on or about Dec 4, 2012 and desires to make improvements to the leased premises. Financial Impact: None Related Vision Item Neighborhood Vision (if applicable): Other Information/ Notices were sent out to all property owners and/or lease holders notifying them Recommendation: of the request of the proposed variance. Eleven notices were sent out five returned in favor of granting the request and none have been returned in opposition. Attachments: Resolution Presentation: None Publication: Eleven notices sent to adjacent property owners within 300 feet of proposed property. Reviewed by Ricky Dickson, Interim Water Utilities Director January 11, 2013 Director: Approved by Legal: January 14, 2013
  • 124. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO GRANT A THIRTY FOOT FIVE-INCH (30’5”) VARIANCE FROM THE REQUIRED SEVENTY-FIVE FOOT (75’) REAR SET BACK LINE FROM THE 1,872.2 FOOT ELEVATION LINE AS REQUESTED BY LEASEHOLDER BRUCE L. HITT, FOR CITY-OWNED PROPERTY LOCATED AT 1814 COVE ROAD, LAKE NASWORTHY ADDITION, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS WHEREAS, Bruce L. Hitt is Lessee of the surface estate only in city-owned propertycommonly known as 1814 Cove Road, having a legal description of Lot 4, Block A, Group 2,Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas; and, WHEREAS, Lessee desires to construct a residential structure on said property withinthe required rear set back line of seventy-five feet (75’) from the 1872.2 foot elevation linerequired by Declaration of Covenants, Conditions, and Restrictions and Lake NasworthyResidential Lot Lease; and, WHEREAS, Lake Nasworthy Homeowners Association, Inc., a Texas non-profitcorporation, has approved the variance as requested; and, WHEREAS, Lease states lessee may request from the San Angelo City Council avariance or deviation from any term or condition contained within the Lease; and, WHEREAS, Lessee, Bruce L. Hitt desires to construct a residential structure at 1814Cove Road and requests a thirty foot five-inch (30’5”) variance from the required seventy fivefoot (75’) rear set back line from the 1,872.2 foot elevation line; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to approve a request from BruceL. Hitt for a variance of thirty foot five-inch (30’5”) from the required seventy five foot (75’)rear set back line from the 1,872.2 foot elevation line on city-owned property located at 1814Cove Road and described as Lot 4, Block A, Group 2, Lake Nasworthy Addition, City of SanAngelo, Tom Green County, Texas. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 125. APPROVED AS TO CONTENT APPROVED AS TO FORMRicky Dickson Lysia H. BowlingInterim Water Utilities Director City Attorney
  • 126. 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 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: Proposed Lease, Expired Skyline Aviation, Inc. lease and ResolutionPresentation: NonePublication: NoneReviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-06-2012
  • 127. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER 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 Hangar Road,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 City Manager to execute the AirportProperty Lease and License Agreement with Skyline Aviation, Inc. for lease of the Premises and hangar; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANANGELO, TEXAS THAT: The City Manager is hereby authorized to execute an Airport Property Lease and LicenseAgreement with Skyline Aviation, Inc. of the hangar and subject Premises located at 8926 Hangar Road,San Angelo Regional Airport—Mathis Field, Tom Green County Texas, for operation of a fixed baseaviation business, said lease to be for a term of five years effective from January 1, 2013, with Tenant tohave the option to extend the Lease term for up to three additional five year terms; and to include anoption to City to terminate the Lease as to a portion of the leased Premises that may become necessary forfuture access and development of the premises and adjoin land area. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 128. APPROVED AS TO CONTENT APPROVED AS TO FORMLuis Elguezabal, Director of Airport Lysia H. Bowling, City Attorney
  • 129. AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT This Airport Lease and License Agreement ("Lease") is entered into between the CITYOF SAN ANGELO, a Texas home-rule municipal corporation, acting by and through its dulyauthorized City Manager ("Landlord" or "City"), and SKYLINE AVIATION, INC., a Texas forprofit corporation, acting by and through its designated Chief Executive Officer pursuant to itsbylaws and a resolution of its Board ofDirectors ("Tenant"). RECITALS: A. Landlord is the owner and operator of the San Angelo Regional Airport-MathisField located at 8618 Terminal Circle, San Angelo, Texas ("Airport"); and B. Tenant desires to engage in an aeronautical fixed base operation in common withothers so licensed, which may include: (1) sales, service and rental of aircraft and aircraftengines, parts, equipment, and avionics; (2) storing, dispensing, self-fueling and sale of aircraftfuel propellants and lubricants; (3) performing aircraft maintenance; (4) conducting aircraftcharter and local flight service, flight instruction, flying school operations; and (5) any otheractivity reasonably incidental to the providing of airport related flying services. C. Landlord deems it advantageous to grant to Tenant the right to conduct theaeronautical fixed base operation hereinabove described; NOW, THEREFORE, in consideration of the mutual covenants, promises and termsherein contained, Landlord and Tenant agree as follows:1. PREMISES1.1 In consideration of the mutual covenants, promises, terms and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is herby acknowledged by each of the parties hereto, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to Landlords option described at part 1.2 below, the following Premises: A 1.657 acre tract (approximately 72,163 square feet) ofland including a hangar with offices (approximately 15,378 square feet, hereinafter "Hangar"), said 1.657 acre tract being more particularly described on Exhibit "A", which is attached hereto and incorporated by reference, the same as if fully copied and set forth at length. All of said property is located at 8926 Hangar Road, San Angelo Regional Airport-Mathis Field ("Airport"), Tom Green County, Texas. Said tract is hereinafter referred to as the "Premises" or the "Property". TENANT HAS EXAMINED, AND ACCEPTS THE HANGAR, IMPROVEMENTS, AND ANY FIXTURES ON THE PREMISES, IN ITS PRESENT "AS-IS" PHYSICAL CONDITION. NO REPRESENTATION, STATEMENT, OR WARRANTY, EXPRESS OR IMPLIED, HAS BEEN MADE BY OR ON BEHALF OF LANDLORD AS TO THE CONDITION OF THE PREMISES, OR AS TO THE USE THAT MAY BE MADE OF THE
  • 130. PREMISES. IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY REASONABLY APPARENT DEFECT IN THE PREMISES OR FOR ANY LIMITATION ON THE USE OF THE PREMISES NOT WITHIN THE LANDLORDS CONTROL. 1.2 Landlord Option. Landlord shall have the option during the initial term of this Lease and any extensions thereof, on sixty (60) day written notice to Tenant, to terminate the Lease with respect to that certain portion of the leased premises referred to as "Tract 2" as described in Exhibit "A", attached hereto and made a part hereof for all purposes.: Tenant shall, without further notice, peacefully surrender possession and use of Tract 2 to Landlord on or before the sixty first day after Landlords written notice is given to Tenant. From and after the day that Landlord resumes the possession and use of Tract 2, the rent due hereunder shall be proportionately reduced based upon the ratio of the land area of Tract 2 described in Exhibit "A" to the land area of the Leased Premises, applying the then applicable Airport Schedule of Rates and Charges for the rental of land; i.e. the "Land Rate".2. TERM. 2.1 Fixed Beginning and Termination Date. This Lease is granted for a term of five (5) years beginning January 1_, 2013, and continuing through December 31, 2017. 2.2 Tenant Options to Extend Lease Term.. On the terms and conditions set forth herein, Tenant shall have three, successive options to renew the Lease, each option being for an additional term of five (5) years, the first option extending the term through December 31, 2022, the second option extending the term through December 31, 2027, and the third option extending the term through December 31, 2032, for a total of twenty (20) years, but in no event to extend the term beyond December 31, 2032, Each extension of the Lease term shall be under the terms, conditions and covenants contained in this Lease, subject to: (a) adjustment of rent by application of the then applicable Airport Schedule of Rates and Charges for rent; and (b) amendment of the required insurance coverage limits applicable as determined by Landlords Risk Manage. The exercise of Tenants Options under this part 2.2 shall be conditioned upon Tenant not then being in default of any term, condition or covenant in this Lease and further provided that Landlord is not prohibited from leasing said property pursuant to any agreement with or requirement from the United States Government such as those situations described in Section 6,2 of this Lease. 2.2.1 Tenant shall exercise each option to renew this Lease by notifying Landlord in writing and delivering such writing to Landlord at the address specified in Section 13.8, entitled "NOTICES", not more than one hundred eighty (180) days and notZ:LeasesAP -13-036_AP _SKYLINE_LEASE2.docx-Page2 of 30
  • 131. less that sixty (60) days prior to the expiration of the primary term. Landlord shall provide Tenant with the current, applicable Airport Schedule of Rates and Charges and the applicable required insurance coverage limits within twenty days of receipt of Tenants notice of exercise of Tenants option to extend the Lease term. 2.3 Holdover. Any holding over by Tenant of the Leased Premises after the expiration of this Lease term or any extension thereof shall operate and be construed only as a tenancy from month to month, terminable at the will of Landlord.3. RENT. 3.1 Rent. Tenant shall pay rent to Landlord for the use of Leased Premises in advance, monthly, in the amount of Two Thousand One Hundred Twenty Two and 40/100 Dollars ($2, 122.40) per month, for a total annual rent of Twenty Five Thousand Four Hundred Sixty-Eight and 85/100 Dollars ($25,468.85) per year. The above rents shall be adjusted effective the first month following every fifth year anniversary of the Lease term by use of the below method (Rent Adjustment), multiplying the rent times the Dallas/Fort Worth Consumer Price Index ("CPI"), to be calculated thirty (30)-days prior to the end of each five (5) year period. The rent shall be adjusted every five (5) years until the expiration of the Lease, in like manner. In no event shall an adjustment of rent based upon the CPI Index as described, result in a reduction of the current rent at the time the rent adjustment is calculated. 31.1 Rent Adjustment - CPl. After the expiration of five (5) years, and at the expiration of each five (5) year period thereafter so long as the lease term shall continue, the Annual Rent will be adjusted to the then current, applicable Airport Schedule of Rates and Charges. 3.2 Time. The first of such monthly rental payments shall be due and payable on January 1, 2013, and subsequent payments shall be due and payable on the lOth day of each succeeding month thereafter during the term of this Lease. At the time rent is due monthly under this Lease, Tenant agrees that payment of all fuel flowage fees duly authorized by the City Council of the City of San Angelo incurred during the prior calendar month shall be due and payable, and shall be treated as Additional Rent due under this Lease. Tenants failure to make timely payment of all fuel flowage fees due hereunder shall constitute a material breach of this Lease. Landlord shall be entitled to all remedies authorized under federal or state law to collect the past due fuel flowage fees, in addition to remedies authorized under this Lease for default, including non-payment of rent. 3.3 Place ofPayment. All payments due by Tenant to Landlord under this Lease shall be made at the Airport Directors office at San Angelo Regional Airport-Mathis Field, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, or at such other place as Landlord may from time to time designate by written notice to Tenant.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 3 of 3 0
  • 132. 3.4 Delinquent Payments. Tenant shall pay to Landlord a late charge or interest for any rent or Additional Rent past due in accordance with established City ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Landlord to terminate this Lease at its option as authorized herein.4. GRANT OF LICENSE. 4.1 Landlord grants Tenant a non-exclusive license, concurrent with the herein- described Lease to engage, in common with others so licensed, in an aeronautical business which may consist of a flying 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 upon the Airport property generally. Tenant shall confine his operation at the Airport to the Leased Premises described on Exhibits A, except for servicing of aircraft upon the ramp and loading apron adjacent to the Airport terminal building provided, however, that under exceptional circumstances, Tenant may service and store aircraft on any other part of the Airport designated by the Airport Manager, except on Premises leased exclusively to another operator. It is agreed that Tenant will not park any aircraft on the ramp when such parking obstructs airline operations. Any parking of aircraft on the ramp may be changed or stopped at any time when deemed necessary by the Airport Manager. 4.1.1 Insofar as the license granted herein is exercised for the purpose of selling aviation fuel, propellants and lubricants, the following conditions shall apply: (a) Tenant shall have the right to offer the products of any dealer of his choice, provided that Tenant first furnish Landlord with a certified copy of the specifications of the product he proposes to offer, and provided that Landlord approves such product, which approval shall be in the sole discretion of Landlord, before it is offered for sale. Tenant shall furnish Landlord with a certified copy of any laboratory analysis of product as specified by Landlord upon request. (b) The sale of such products to the general public shall be deemed a public service, and shall be offered to all customers without discrimination, and at prevailing current prices. Tenant shall at all times post on public display in Tenants service area all current prices for products offered. A copy of each current price list shall be furnished to the Airport Manager as changes in product or pricing occur.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 4 of 3 0
  • 133. (c) At the time monthly payment of rent is due, Tenant shall furnish Landlord with a copy of the suppliers delivery tickets for all aviation fuel delivered to Mathis Field for use or sale by Tenant from the previous month to date of payment of rent. (d) At the time monthly payment of rent is due, Tenant shall furnish Landlord with a copy of all billing on fuel sales made to commercial carrier aircraft operating under contract with the City of San Angelo from the pevious month to date of payment of rent. (e) Nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of the F.A.A.s latest available edition AC 150/5190-6. (f) Tenant shall furnish, install, and maintain during the term of this Lease and any extension thereof, at Tenants expense, and in compliance with all applicable federal, state and local law, rules and regulations, fuel storage facilities adequate for proper, safe and environmentally compliant operation of Tenants aeronautical business as described herein. Subject facilities will be located on Airport property in the area designated by the Airport Manager. No charges will be levied for the use of designated Airport land but all expenses for expanding the fences and construction of fixtures and facilities shall be born by the Tenant. All fueling facilities and procedures shall conform to pertinent Airport fire and safety regulations. (g) At the time monthly payment of rent is due, Tenant shall pay, and continue to pay in a timely manner, all applicable fuel flowage fees and any other required Airport fees authorized by federal or state law or by the City Council of the City of San Angelo (Fuel Flowage Fees). 4.2 Tenant shall confine its operation at the Airport to its exclusive area and to those portions of the aircraft ramp area that are designated by the Airport Director. Tenant shall not solicit sales or services for aircraft that are parked or stored in any exclusive area of another fixed based operator located on the Airport.5. UTILITIES, TAXES AND FEES. 5.1 Utilities. Tenant shall pay before past due or cause to be timely paid all charges for water, sewer, gas, electricity, telephone, cable, trash collection and any and all other utilities or services used or consumed on Leased Premises or incurred in relation to Tenants aeronautical business, throughout the term of this Lease, including any connection fees. 5.2 Taxes and Assessments. It is further understood and agreed that Tenant shall payZ:LeasesAP - 13-036_AP_ SKYLINE_LEASE2.docx-Page 5 of 3 0
  • 134. and discharge all taxes, general and special assessments and other charges of every description which during the term of this Lease may be levied on or assessed against the Leased Premises, inventory, personality and improvements thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. Tenant shall pay all such taxes, charges and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS LANDLORD FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS. 5.3 Incidental Fees. Tenant shall pay or cause to be paid all incidental charges, such as permit fees, incurred in connection with its operation and use of the Leased Premises.6. LAWS, REGULATIONS AND LIMITATIONS. 6.1 Observance. Tenant shall observe and obey all applicable federal, state and local laws and regulations, including all Environmental Requirements, in the operation of Tenants aeronautical business on Airport property and in the performance of its obligations under this Lease. Tenant also agrees to observe and obey all Airport rules and regulations promulgated and enforced by the City of San Angelo and by any other governmental authority having jurisdiction over the conduct of operations at the Airport. 6.2 Lease Limited. It is agreed that this Lease shall be limited, notwithstanding its terms, by the provision of any existing or future agreement between Landlord and the United States government, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditures of federal funds for the maintenance or development of the Airport. 6.3 Waste Water. If Tenants use of the Premises results in the discharge or potential discharge of waste water, Tenant shall immediately apply to the Texas Commission on Environmental Quality (TCEQ) for a waste water discharge permit. Tenant shall also advise the Airport Director of the drains or other waste water facilities Tenant intends to use in disposing of waste waters. The Airport Director may designate sewers or other facilities for Tenant to use for disposal of waste water. 6.4 Hazardous Material/Contaminants. Tenant agrees that Tenant will not cause or permit release, discharge or spillage by Tenant, its licensees, officers, agents, employees, sublessees, business invitees or guests of any hazardous material or contaminants, either intentionally or accidentally, by act or omission, onto Premises or Airport property. If any such release, discharge, or spillage does occur, Tenant shall immediately notify the Airport Director and the TCEQ, promptly followed by written documentation of the notice and shall, at Tenants expense, comply with all removal and cleanup directives or requirements issued.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 6 of 3 0
  • 135. As between Landlord and Tenant, Tenant shall be solely liable for remedial costs and damages relating to any release, discharge or spillage of hazardous substances or contaminants as a result ofthe operation of Tenants aeronautical business. TENANT WARRANTS THAT IT HAS INSPECTED THE LEASED PREMISES TO ITS SATISFACTION AND THAT TENANT IS SATISFIED THAT THERE ARE NO HAZARDOUS WASTES OR CONTAMINANTS LOCATED THEREON. TENANT UNDERSTANDS THAT TENANT SHALL REMOVE ANY HAZARDOUS WASTE OR CONTAMINANT FROM PREMISES BEFORE TERMINATION OR ABANDONMENT OF THIS LEASE. 6.5 Easements. It is understood and agreed that this Lease is made subject and subordinate to the terms of any oil, gas and other mineral lease and right-of-way easements of any nature which may have been executed prior to this Lease or which may be executed hereafter by Landlord, in Landlords sole discretion. If, however, any exploration or production occurs that materially interferes with the conduct of Tenants business at the Leased Premises, Tenant may terminate this Lease by delivering written notice to Landlord as herein provided. 6.6 Non-discrimination. The Tenant for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, creed, color, national origin or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities; (2) that in the construction or use of any improvements on, over or under such land and the furnishing of services thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of race, creed, color, national origin or sex. In the event of breach of any of the preceding nondiscrimination covenant, Landlord shall have the right to declare Tenant to be in breach of this Lease agreement, to terminate this Lease, and to re-enter and repossess said Premises. 6.7 Compliance with ADA. Tenant agrees to comply fully with the provisions of the Americans with Disabilities Act. 6.8 Compliance with the Department of Homeland Security. Tenant agrees to comply fully with the guidelines set forth in 49 CFR Part-1542 Airport Security in all pertinent parts as directed either by representatives of the federal government or the Airport Director or his designee. 6.9 Relationships. Tenant, its agents, servants and employees agree to maintain a friendly and cooperative, though competitive, relationship with other companies engaged in similar or like business on Airport Premises. Except in connection with judicial proceedings, Tenant shall not engage in open public disputes, disagreements, or conflicts regarding activities at the Airport which would tend toZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 7 of 3 0
  • 136. deteriorate the quality of the service of Tenant or its competitors or which would be incompatible with the best interest of the public at the Airport.7. CONDITION AND USE OF LEASED PREMISES. 7.1 NO WARRANTY. LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES, OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. EXCEPT AS TO THE PORTION OF THE LEASED PREMISES DESCRIBED ON EXHIBIT B, ATTACHED, LESSOR WARRANTS THAT AT THE EFFECTIVE DATE OF THIS LEASE AGREEMENT SAID PREMISES ARE NOT IN VIOLATION OF APPLICABLE ENVIRONMENTAL REGULATIONS. 7.2 Acceptance and Use. Landlord and Tenant agree that the Leased Premises will be used as an aeronautical facility. Any other use must have the prior written consent of the City, evidenced by a written amendment to this Lease. Tenant accepts Leased Premises as suitable for such purpose. 7.3 Standards. Landlord reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to maintain standards relative to maximum heights for buildings or other structures and set-back building lines in relation to the runways, taxiways, navigational airspace, parking aprons, or other facility conditions, which would limit or impair the usefulness of the Airport Master Plan or constitute a hazard to aircraft. 7.4 Improvements and Modifications. 7.4.1 Tenant shall not alter or improve Leased Premises in any respect without Landlords prior written consent. Any such alteration or improvement to which Landlord consents must fully comply with all laws, rules, regulations, codes, standards, and policies (including, without limitation, local Hangar codes and ordinances) of any governmental authority with jurisdiction over the Airport (including, without limitation, the City of San Angelo, Texas), Landlord may not unreasonably withhold its consent with regard to any alteration or improvement that Tenant proposes. 7.4.2 A notice of proposed construction or alterations, as required by Federal Aviation Regulations, C.F.R. Title 14, Chapter 1, Subchapter E, Part 77, shall be submitted to Landlord and the Federal Aviation Administration for approval the earlier of sixty (60) days prior to commencement of constructing any Hangar or structure on the Leased Premises or as otherwise required pursuant to the federal regulation. 7.4.3 No construction shall be commenced within or upon the Leased Premises until such proposed construction is approved in writing by Landlord and,Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page8of30
  • 137. if applicable, the Federal Aviation Administration, and any attempted construction commenced prior to receipt by Tenant of such written approval(s) shall, at the option of Landlord, constitute a breach of this Lease by Tenant. 7.5 Ingress and Egress. Tenant and its employees, patrons, guests, invitees, contractors and subcontractors, shall have the right of ingress to and egress from the Leased Premises and the right, in common with others so authorized, to use common areas of the Airport, including runways, taxiways, aprons, navigational facilities, roadways, parking areas, subject to federal, state, City and Airport rules and regulations. 7.6 Storage and Parking. Outside storage including, but not limited to, equipment, parts, accessories, vehicles (whether operable, abandoned or inoperable), is expressly prohibited. Other uses, including temporary parking of motor vehicles, incident to Tenants operation, unless specifically approved herein, shall be upon the Leased Premises only. Tenant shall not use or permit employees, patrons, invitees or guests to use Airport property in a manner contrary to the rules and regulations of the Airport. 7.7 Aircraft and Vehicle Identification. Tenant agrees to register all aircraft and vehicles to be used in its business on the Airport property, with the Airport Director. 7.8 Noise Abatement. Tenant shall actively participate in and comply with all noise abatement procedures, policies and programs as set forth by Landlord.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 9 of 3 0
  • 138. 8. REPAIRS AND MAINTENANCE. 8.1 Tenants Duties. 8.1.1 Except for the specific maintenance obligations Landlord undertakes hereunder, Tenant shall be responsible for the repair and maintenance of the Hangar fixtures and equipment, including: hangar structure, paving, fixtures, plumbing, air-conditioning and heating units (HV AC), water heaters, non-load bearing walls, paint, flooring, windows, window glass, plate glass, doors, hangar aircraft doors, pest control and extermination, and all equipment and improvements (hereinafter collectively referred to as "Improvements") that are presently located or to be located or constructed on the Leased Premises. In the event Tenant shall fail to keep said Improvements maintained as herein required, as determined in the sole discretion of Landlord, then the Landlord, after notice to Tenant of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required maintenance, and Tenant expressly agrees that the reasonable cost of any such labor and materials shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Tenant, 8.1.2 Tenant further agrees to keep and maintain the Leased Premises in a neat, clean and respectable condition by prompt removal of all trash, litter, debris and junk, and shall keep said Premises cleared of all objectionable matter. In the event Tenant shall fail to keep and maintain the Leased Premises as herein required, as determined in the sole discretion of Landlord, then the Landlord, after notice to Tenant of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required maintenance, and Tenant expressly agrees that the reasonable cost of any such labor and materials shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Tenant,8.2 Landlords Duties. 8.2.1 Landlord shall (a maintain in good condition the structural parts of the Hangar building, namely the roof, foundation and load bearing and exterior walls, but excluding the maintenance obligations of the Tenant set forth herein; (b Landlord shall repaint the exterior of the building one time withinZ:LeasesAP -13-036_AP_SKYLINE_LEASE2.docx-Page 10 of 3 0
  • 139. one year of the commencement of the initial Lease term. Thereafter, Tenant shall be solely responsible for painting and maintenance of the exterior of the hangar during the initial term of this Lease and any extensions thereof; and, (c) Landlord will repair the parking lot paving within one year of the commencement of the initial Lease term. Thereafter, Tenant shall be solely responsible for maintenance of the parking lot and paving during the initial term of this Lease and any extensions thereof; (d) Landlord will cause a qualified structural engineer to inspect the north exterior wall of the hangar for structural integrity and make any necessary repairs within one year of the commencement of this Lease. (f) Landlord will inspect the hangar roof for leaks at the west exterior wall and make any necessary repairs. 8.2.2 Landlord shall maintain the common areas of the Airport facilities. 8.2.3 Landlord shall maintain and operate the Airport in compliance with the safety and security regulations established by the Federal Aviation Administration and other appropriate regulatory authorities. 8.2.4 Landlord shall maintain and operate San Angelo Regional Airport-Mathis Field with adequate and efficient personnel, keep in good repair the airport appurtenances and facilities, and keep access ways and approaches reasonably free from obstruction, congestion and interference. 8.2.5 If any such maintenance or repairs are necessitated solely by the acts of Tenant or its employees, agents, contractors, sub-contractors, licensees, invitees or guests, Tenant shall reimburse Lessosr for the reasonable cost thereof, as additional rent, to be paid within thirty (30) days after notice of such cost is given to Tenant as herein provided. 8.3 Force Majeure/National Emergency. Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants or conditions of this Lease due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage, or any other circumstances for which such party is not responsible or which is not in its power to control. During a time of war or national emergency, City reserves the right to alter, amend or suspend this Lease upon demand of military, naval or other proper authorities of the United States government or the State of Texas.Z:leasesiAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 11 of 3 0
  • 140. 8.4 Damage or Destruction of Leased Premises. 8.4.1 If the Leased Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but the Hangar is not rendered untenantable, in whole or in part, the Landlord shall proceed to complete the Structural Repair of the Hangar and Tenant shall repair all other damage at its cost and expense with due diligence. 8.4.2 If the damage shall be so extensive as to render the Hangar on the Leased Premises untenantable, in whole or in part, but in Landlords estimation Structural Repair can be completed in one hundred and twenty (120) days, Landlord shall proceed to complete the Structural Repair of the Hangar and Tenant shall repair all other damage at its cost and expense with due diligence, and the rent payable herein shall be abated in proportion to the diminished utility of the Leased Premises from the time the damage occurs until Landlord completes Structural Repair of the Hangar. 8.4.3 In the event that the Hangar on Leased Premises is completely destroyed by fire, explosion, the elements, public enemy or other casualty, or so damaged that it will remain untenantable, in whole or in part, for more than one hundred and twenty (120) days, in Landlords estimation of the time necessary for Structural Repair of the Hangar (the Restoration Estimate), either party to this Lease may terminate this Lease by delivering written notice to the other within fourteen (14) days after the delivery of Landlords Restoration Estimate. Landlord must furnish that Restoration Estimate to Tenant within thirty (30) days after the occurrence of the damage. If neither party gives the other notice of termination of the Lease as hereinabove provided, Landlord shall proceed to complete the Structural Repair of the Hangar and Terrant shall repair all other damage at its cost and expense with due diligence; and the rent payable herein shall be abated in proportion to the diminished utility of the Leased Premises from the time the damage occurs until Landlord completes Structural Repair of the Hangar. 8.4.4 If Landlord fails to complete the Structural Repair of the Hangar on the Leased Premises that renders the Hangar untenantable by the one hundred eightieth (180th) day after the occurrence of the structural damage to the Hangar, Tenant may terminate this Lease by giving a written notice of termination to Landlord as herein provided. 8.5 Right of Entry. Landlord or its designee may enter Leased Premises at any time upon reasonable notice to Tenant, for any purpose necessary, incidental to, or connected with the exercise of it duties and obligations as the Airport Owner, including, but not limited to the following: fire protection, security purposes, repairs, additions, alterations, or inspections for compliance with applicable law,Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 12 of 3 0
  • 141. regulation, or lease compliance.9. INSURANCE. 9.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Tenant for the purpose of complying with this Lease. 9 .1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas. 9.1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Tenant, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers Compensation coverage. 9.1.3 Waiver of Subrogation. Tenant shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Landlord shall waive all claims against Tenant for damages covered normally by Fire and Casualty damage insurance with standard extended coverage. 9 .1.4 Certificates of Insurance. At or before the time of execution of this Lease, Tenant shall furnish Citys Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Tenant and insurance company shall immediately provide written notice to Citys Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to Citys Risk Manager at City Hall, 72 West College or P.O. Box 1751, San Angelo, Texas 76903. 9.1.5 Tenants Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Tenants liability or as a full performance on its part of the indemnification provisions of this Lease. Tenants obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the Premises. Failure ofZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 13 of 3 0
  • 142. Tenant to maintain adequate coverage shall not relieve Tenant of any contractual responsibility or obligation. 9.1.6 Sub lessees Insurance. Tenant shall cause each Sub lessee of Tenant to purchase and maintain insurance of the types and in the amounts specified below. Tenant shall require Sub lessees to furnish copies of certificates of insurance to Landlords Risk Management Department evidencing coverage for each Sub lessee. 9.2 Types and Amounts of Insurance Required. Tenant shall obtain and continuously maintain in effect at all times during the term hereof, at Tenants sole expense, insurance coverages on a primary basis, non-contributory with any other insurance coverage, as follows with limits not less than those set forth below: 9.2.1 Commercial General Liability (CGL) or equivalent Aviation Liability. This policy shall be an occurrence-type policy and shall protect the Tenant and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Tenants employees) and damage to property of the City or others arising out of the act or omission of the Tenant or its agents and employees. There shall be no endorsement or modification of the GCL limiting the scope of coverage for liability assumed under the Lease or liability arising from pollution, explosion, collapse, underground property damage, or damage to the premises or improvements. This policy shall also include protection against claims for the contractual liability assumed by Tenant under the parts of this Lease entitled "Indemnification" and "Environmental Indemnification", including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, Premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than: $ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations Aggregate $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire) 9.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Tenant and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than: $ 1,000,000.00 Combined Single LimitZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 14 of 30
  • 143. 9.2.3 Comprehensive Aircraft Liability. This policy shall be an occurrence-type policy, written in comprehensive form and shall protect Tenant and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Tenants employees) and damage to property of Landlord or others arising out of the act or omission of the Tenant or Tenants agents and employees. This policy shall also include protection against claims normally insured by personal injury liability coverage and claims pertaining to: the contractual liability assumed by Tenant under the paragraph of this Lease entitled "Indemnificatiion", completed operations, products liability, contractual liability, leased premises/operations, and independent contractors and shall include broad form property coverage. Coverage shall remain in force for two years after termination of this Lease and shal be as follows: $ 500,000.00 Each Passenger $2,000,000.00 Each Occurrence 9.2.4 Workers Compensation and Employers Liability. If Tenant hires any employees, Tenant shall maintain Workers Compensation and Employers Liability insurance, which shall protect the Tenant against all claims under applicable state workers compensation laws and employers liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers compensation law. Coverage shall not be less than: Statutory Amount Workers Compensation $ 500.000.00 Employers Liability, Each Accident $ 500,000.00 Employers Liability, Disease - Policy Limit $ 500,000.00 Employers Liability, Disease - Each Employee The foregoing requirement will not be applicable if, and so long as, Tenant qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers compensation program in Texas and furnishes evidence of such qualification to Landlord in accordance with the notice provisions of this Lease. If Tenant uses contract labor, Tenant shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 9.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury;Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 15 of 3 0
  • 144. (including death) property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than: $1,000,000.00 per loss $2,000,000.00 Annual aggregate10. INDEMNIFICATION. 10.1 GENERAL INDEMNIFICATION. TENANT AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF TENANT OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF TENANT, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF TENANT AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS LEASE OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY TENANT HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE TENANT TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTYS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10.2 ENVIRONMENTAL. 10.2.1 Definitions. (a) Hazardous Material. Hazardous Material means any substance: (i) the presence of which requires investigation, notice or remediation under any federal, state or local statute,Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 16 of 30
  • 145. regulation, ordinance, order, action, policy or common law; or (ii) which is or becomes defined as a "hazardous material," "hazardous waste," "hazardous substance," "regulated substance," "pollutant" or "contaminant" under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. (S)9601 et seq.), Toxic Substances Control Act (15 U.S.C. (S)2601 et seq.), and/or the Resource Conservation and Recovery Act (42 U.S.C. (S)6901 et seq.); or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, or of the State in which the Premises are located or any political subdivision thereof; or (iv) the presence of which on the Premises causes or threatens to cause a nuisance upon the Premises or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Premises; or (v) which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (vi) which contains polychlorinated biphenyls (PCBs), asbestos or urea fmmaldehyde foam insulation; or (viii) radon gas. (b) Environmental Requirements. Environmental Requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation: (i) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, andZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 17 of 30
  • 146. remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (ii) All requirements pertaining to the protection of the health and safety of employees or the public. (c) Environmental Damages. Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys fees and disbursements and consultants and witnesses fees, any of which are incurred at any time as a result of the existence of Hazardous Material upon, about, beneath the Premises or migrating or threatening to migrate to or from the Premises, or the existence of a violation of Environmental Requirements pertaining to the Premises, including without limitation: (i) Damages for personal injury, or injury to property or natural resources occurring upon or off of the Premises, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties including but not limited to claims brought by or on behalf of employees of Tenant; (ii) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision or court, or reasonably necessary to make full economic use of the Premises and any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys fees, costs and expensesZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 18 of 3 0
  • 147. incurred in enforcing this agreement or collecting any sums due hereunder; (iii) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced herein; and (iv) Diminution in the value of the Premises and adjoining property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Premises and adjoining property. 10.2.2 Tenants Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all reasonable and necessary actions to remediate the Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the Premises, or are required by Environmental Requirements, which remediation is necessitated by the ( 1) introduction of a Hazardous Material upon, about or beneath the Premises, except as otherwise permitted in the use provisions hereof, or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant shall take all actions necessary to restore the Premises in accordance with applicable environmental regulations to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring wells and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the Premises to the maximum extentZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 19 of 3 0
  • 148. possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees. 10.2.3 Notification. If Tenant shall become aware of or receive notice or other communication concerning any actual, alleged, suspected or threatened violation of Environmental Requirements, or liability of Tenant for Environmental Damages in connection with the Premises or past or present activities of any person thereon, or that any representation set forth in this agreement is not or is no longer accurate, including but not limited to notice or other communication concerning any actual or threatened investigation, inquiry, lawsuit, claim, citation, directive, summons, proceeding, complaint, notice, order, writ, or injunction, relating thereto, then Tenant shall deliver to Landlord, within ten days of the receipt of such notice or communication by Landlord, a written description of such violation, liability, correcting information, or actual or threatened event or condition, together with copies of any such notice or communication. Receipt of such notice shall not be deemed to create any obligation on the part of Landlord to defend or otherwise respond to any such notification or communication. 10.2.4 Negative Covenants. (a) No Hazardous Material on Premises. Except in strict compliance with all Environmental Requirements, and except as otherwise permitted in the use provisions hereof, Tenant shall not cause, permit or suffer any Hazardous Material to be brought upon, treated, kept, stored, disposed of, discharged, reLeased, produced, manufactured, generated, refined or used upon, about or beneath the Premises by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees, or any other person. Tenant shall deliver to Landlord copies of all documents which Tenant provides to any governmental body in connection with compliance with Environmental Requirements with respect to the Premises, such delivery to be contemporaneous with provision of the documents to the governmental agency. (b) No Violations ofEnvironmental Requirements. Tenant shall not cause, permit or suffer the existence or the commission by Tenant, its agents, employees, contractors, subcontractors or guests, licensees or invitees, or by any other person a violation of any Environmental Requirements upon, about or beneath the Premises or any portion thereof. (c) No Environmental or Other Liens. Tenant shall not create or suffer or permit to exist with respect to the Premises, any lien, security interest or other charge or encumbrance of any kind, including without limitation,Z:LeasesAP - 13-036_AP_SKYLINE_LEASE2.docx-Page 20 of 3 0
  • 149. any lien imposed pursuant to section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. section 9607(1) or any similar state statute to the extent that such lien arises out of the actions of Tenant, its agents, employees, contractors, subcontractors or guests, licensees or invitees. 10.2.5 Landlords Right to Inspect and to Audit Tenants Records. Landlord shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the Premises and to inspect and audit Tenants records concerning Hazardous Materials at any reasonable time to determine whether Tenant is complying with the terms of the Lease, including but not limited to the compliance of the Premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the Premises or surrounding properties and activities thereon. If Landlord has reasonable cause to believe Tenant is in default with respect to any of the provisions of this Lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord shall have the right, but not the duty, to retain at the sole expense of Tenant an independent professional consultant to enter the Premises to conduct such an inspection and to inspect and audit any public records or reports prepared by or for Tenant concerning such compliance. Tenant hereby grants to Landlord the right to enter the Premises and to perform such tests on the Premises as are reasonably necessary in the opinion of Landlord to assist in such audits and investigations. Landlord shall use reasonable efforts to minimize interference with the business of Tenant by such tests inspections and audits, but Landlord shall not be liable for any interference caused thereby. 10.2.6 Landlords Right to Remediate. Should Tenant fail to perform or observe any of its obligations or agreements pertaining to Hazardous Materials or Environmental Requirements, then Landlord shall have the right, but not the duty, without limitation upon any of the rights of Landlord pursuant to this agreement, to enter the Premises personally or through its agents, consultants or contractors and perform the same. TENANT AGREES TO INDEMNIFY LANDLORD FOR THE COSTS THEREOF AND LIABILITIES THEREFROM AS SET FORTH IN THIS LEASE. 10.2.7 Landlords Obligation to Remediate. Landlord agrees to remediate all Environmental Damages (1) caused by Landlord, its agents, employees, contractors, subcontractors, guests, licensees or invitees, or (2) not so caused but arising prior to Commencement Date hereof and not caused by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees. 10.2.8 Landlords Obligation to Indemnify, Defend and Hold Harmless Concerning Environmental Matters. Landlord, its successors, assigns and guarantors, agree to defend, reimburse and hold harmless, if or to the extent permitted by law, the following persons from and against any and all Environmental Damages arising from activities of Landlord or its employees,Z:LeasesAP - 13-036_AP_SKYLINE_LEASE2.docx-Page 21 of 3 0
  • 150. agents, contractors, subcontractors or guests, licensees, invitees; or which occurred prior to the Commencement Date (and were not caused by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees) which (1) result in the presence of Hazardous Materials upon, about or beneath the Premises or migrating to or from the Premises, or (2) result in the violation of any Environmental Requirements pertaining to the Premises and the activities thereon: (a) Tenant; and, (b) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns and invitees of Tenant. This obligation shall include, but not be limited to, the burden and expense of the indemnified parties in defending all claims, suits and administrative proceedings, including attorneys fees and expert witness and consulting fees, even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons, and all such expenses incurred in enforcing the obligation to indemnify. Landlord, at its sole expense, may employ additional counsel of its choice to associate with counsel representing Tenant. 10.2.9 Survival ofEnvironmental Obligations. The obligations ofLandlord and Tenant as set forth in this Part 10 and all of its subparagraphs shall survive termination of this Lease. 10.2.10 ENVIRONMENTAL INDEMNIFICATION. TENANT AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH ENVIRONMENTAL DAMAGES OCCURRING ON OR OFF THE LEASED PREMISES OR AIRPORT PROPERTY, INCLUDING THE EXPENSE OF THE REMEDIATION THEREOF,RESULTING FROM OR ARISING OUT OF ACTS OR OMMISSIONS OF TENANT OR LESSEES AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, GUESTS, LICENSEES OR INVITEES. TENANT SPECIFICALLY AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA. TENANT SHALL BEZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 22 of 3 0
  • 151. RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF TENANT OR ANY PERSON ACTING ON BEHALF OF TENANT REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. TO THE EXTENT THAT TENANT IS NOT RESPONSIBLE FOR THE REMEDIATION OR OTHER DAMAGES UNDER THIS LEASE, LANDLORD AGREES, IF AND TO THE EXTENT PERMITTED UNDER TEXAS LAW, TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD TENANT, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE OF WASTE COLLECTED, TRANSPORTED OR PLACED WITHIN A LANDFILL OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION OTHER THAN BY THE ACTS OR OMISSIONS OF TENANT OR ANY PERSON ACTING ON BEHALF OF TENANT. LANDLORD SPECIFICALLY AGREES, IF AND TO THE EXTENT PERMITTED UNDER TEXAS LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS TENANT AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA OTHER THAN FOR THE ACTS OR OMISSIONS OF TENANT OR LESSEES AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, GUESTS, LICENSEES OR INVITEES, OR ANY OTHER PERSON ACTING ON BEHALF OF TENANT. LANDLORD SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF LANDLORD REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 23 of 3 0
  • 152. 10.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS LEASE SHALL SURVIVE THE EXPIRATION OF THIS LEASE AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS LEASE BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF TENANT IN PERFORMING UNDER THIS LEASE. 10.4 APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS LEASE EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS AND FOR WHICH LIABILITY IS ASSERTED TO HAVE EXISTED FROM OPERATION OF THE LEASED PREMISES BY TENANT.11. TERMINATION OF LEASE. 11.1 Termination. A finding of violation of any applicable law or regulation by a trial court or state or federal regulatory agency having jurisdiction is a material breach of this Lease for which Landlord may terminate the Lease or elect such other remedy as Landlord may be entitled to hereunder, at law or in equity .. 11.2 Abandonment/Default. In the event Tenant shall (1) abandon the Leased Premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Tenant and such default continues for a period of thirty (30) days after notice thereof, Landlord shall have the right to re-ener and take possession of the Leased Premises and all personal property therein and to remove Tenant and Tenants agents and employees therefrom, and either: (1) terminate this Lease and sue Tenant for damages for breach of the obligations of Tenant to Landlord under this Lease; or, (2) without terminating this lease, re-let, assign or sublet the Leased Premises and personal property, as the agent and for the account of the Tenant with a new tenant for such period as Landlord may deem best and collect any rent due upon any such re-letting. In this event, the rents received on any such re-letting shall be applied first to the expenses of re-letting and collecting, including, without limitation, all repossession costs, reasonable attorneys fees, and real estate brokers commissions, alteration costs and expenses of preparing such Premises for re- letting, and thereafter toward payment of the rental and of any other amounts payable by Tenant to Landlord. If the sum realized shall not be sufficient to pay the rent and other charges due from Tenant, then within five (5) days after demand, Tenant will pay to Landlord any deficiency as it accrues. Landlord may sue therefore as each deficiency shall arise if Tenant shall fail to pay such deficiency within the time limited. In the event Landlord elects to re-enter or takeZ:LeasesAP -13-036_AP_SKYLINE_LEASE2.docx-Page 24 of 3 0
  • 153. possession of the Premises, Tenant shall quit and peaceably surrender the Premises to Landlord, and Landlord may enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and may have, hold and enjoy the Premises and the right to receive all rental income of and from the same .. Likewise, if Landlord shall default in performance of any of the covenants and conditions required herein to be kept and performed by Landlord, and such default continues for a period of thirty (30) days after notice thereof, Tenant shall have the right to terminate this Lease. Notice shall be sufficient if given in accordance with the notice provision in this Lease 11.3 Bankruptcy or Insolvency. In the event Tenant: (1) files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent, or takes the benefit of any relevant legislation that may be in force for bankrupt or insolvent debtors or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation, or proceedings are taken by Tenant under any relevant Bankruptcy Act in force in any jurisdiction available to Tenant, or Tenant seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties or of the Premises, or makes any general assignment for the benefit of creditors, or (2) a petition is filed against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other statute, law or regulation, and shall remain undismissed for an aggregate of one hundred twenty (120) days, or if any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties or of the Premises is appointed without the consent or acquiescence of Tenant and such appointment remains un-vacated for an aggregate of twenty (20) days; then either such event shall constitute a default by Tenant and Landlord shall have the right to terminate this Lease. 11.4 Re-entry By Landlord. In the event Landlord elects to re-enter or take possession of the Leased Premises, Tenant shall quit and peaceably surrender the Premises to Landlord, and Landlord may enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and may have, hold and enjoy the Premises and the right to receive all rental income of and from the same. Upon termination of this dLease, Landlord may re-enter and take immediate possession of the Leased Premises and remove Tenants effects, property and improvements, with or without process of law, without being deemed guilty of trespassing. Any property, effects or improvements left by Tenant and not removed or retrieved within thirty (30) days of termination of this Lease, shall be deemed abandoned by Tenant and subject to disposal at the discretion of Landlord. Tenant shall reimburse Landlord for any storage fees incurred by Landlord in temporarily holding property of Tenant. Landlord shall not be liable for damages by reason of re-entry.Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 25 of 3 0
  • 154. 11.5 Possession. Tenant agrees at the termination of this Lease to deliver possession peacefully to the Landlord or its agents or employees; and if it fails to give peaceful possession, Landlord may take forceful possession of the leased property and eject all parties therefrom without being guilty of trespass; and all resulting damages are hereby waived. 11.6 Attorneys Fees and Expenses. In the event of the breach of any ofthe covenants, conditions or obligations contained herein by the Tenant, or if it becomes necessary for the Landlord to employ attorneys to enforce its rights accruing as a result of such default, Tenant agrees to pay Landlord reasonable attorneys fees and all costs of court and expenses incurred as a result. 11.7 Other Remedies. Any termination of this Lease arising from Tenants default shall not relieve Tenant from the payment of any sum or sums that are due and payable to Landlord under this Lease, or any claim for damages then or thereafter accruing against Tenant under this Lease. Any such termination shall not prevent Landlord from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law or from recovering damages from Tenant for any default under this Lease. All rights, options, and remedies of Landlord contained in this Lease or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and Landlord shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver by Landlord of a breach of any of the covenants, conditions, or restrictions of this Lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Lease. 11.8 Removal of Improvements. All equipment, machinery, and trade fixtures installed on the Leased Premises by Tenant shall remain the property of Tenant and shall be removed within thirty (30) days after the termination of this Lease, provided Tenant is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that any damage to the realty or structure upon which such items are situated or installed from their removal is fully repaired by Tenant at time of removal. No equipment, machinery, or trade fixtures installed on the Leased Premises by Tenant shall be removed by Tenant until all rentals due Landlord by Lesse shall have been paid in full. Not withstanding the foregoing, all property remaining on the Leased Premises after the expiration of sixty (60) days following the termination of this Lease, however terminated, shall be deemed abandoned by Tenant and shall become the property of Landlord.12. WARRANTY OF TITLE AND QUIET ENJOYMENT. 12.1 Landlord covenants that Landlord has the right to lease the Premises in the manner described herein and that Tenant shall peaceably and quietly have, hold, occupy, and enjoy the Premises during the term of the lease subject to the termsZ:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 26 of 3 0
  • 155. and conditions hereof.13. MISCELLANEOUS. 13.1 Relationship of Landlord and Tenant. The relationship between Landlord and Tenant at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. 13.2 Parties Bound. This agreement shall be binding upon and inure to the benefit of the parties of this Lease and their respective successors and assigns. 13.3 Headings. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provision of this Lease. 13.4 .No Assignment. Except as otherwise provided herein, Tenant shall not transfer, assign, sublet, license, encumber or pledge the Leased Premises or this Lease, in whole or in part, without the prior written consent of Landlord. 13.5 Texas Law to Apply. The parties hereby agree that Texas law will control the interpretation or enforcement of this Lease. This Lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas. 13.6 Invalid or Illegal Provisions. If any one or more provisions of this Lease are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Lease, which will be construed as if it had not included the invalid, illegal or unenforceable provision. 13.7 No Waiver of Breach. No assent, or waiver expressed or implied, or failure to enforce, as to any breach of any one or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or additional breach. 13.8 Notices. Any formal notice required or permitted under this Lease shall be deemed sufficiently given if it is in writing and personally delivered, or sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served three (3) days after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows:Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 27 of 3 0
  • 156. LANDLORD: CITY OF SAN ANGELO San Angelo Regional Airport-Mathis Field Attn: Airport Director 8618 Terminal Circle, Ste. 101 San Angelo, Texas 76904 TENANT SKYLINE AVIATION, INC. Attention : Blake Gossett 8926 Hangar Rd. San Angelo, Texas 76904 13.9 Venue. Parties agree that venue shall be in Torn Green County, Texas. 13 .1 0 Inurernents. The covenants and agreements herein contained shall bind and inure to the benefit of Landlord and Tenant and their respective successors. This Lease shall be signed by the parties in duplicate, each of which shall be a complete and effective original lease. 13.11 Survival of Claims. The provisions of the Agreement relating to indemnification from one party hereto to the other party shall survive any termination or expiration of this Lease. Additionally, any provisions of this Lease which require performance subsequent to the termination or expiration of this Lease shall also survive such termination or expiration. 13.12 Remedies. Any termination of this Lease shall not relieve either party from the payment of any sum or sums that are due and payable under this Lease or any claim for damages then or thereafter accruing under this Lease. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for under the terms hereof, or by law, or from recovering damages under this Lease. All rights, options, and remedies of either party contained in this Lease or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. No waiver of breach of any of the covenants, conditions, or restrictions of this Lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained in this Lease. 13.13 Entire Agreement/Amendments. This Lease constitutes the entire agreement between the parties; and Landlord is not bound by any agreement, condition or stipulation, understanding or representation made by any of Landlords agents not contained herein. No amendment to this Lease shall be effective unless such is in writing and signed by both parties [Signature Page to Follow]Z:LeasesAP- 13-036_AP_SKYLINE_LEASE2.docx-Page 28 of 3 0
  • 157. Vi:iJ V~/ UV J V f.!. I EXECUTED in duplicate originals on the dates specified below. LESSOR:£fT.:(. OF SAN ANGELO By: Daniel v menz.uela, City ManagerATTEST: Date: _ _ _ _ _ _ _ _ _ _ _ _ __Alicia Ramirez, City Clerk SKYLINE AVIATION, INC. By:ATTEST: Date:By:Name: ___________________Title:STATE OF TEXAS §COUNTY OF TOM GREEN §This instrument was acknowledged before me on the _ _ day of , 2012, byDaniel Valensuela, as City Manager of the City of San Angelo, a Texas home-rule municipalcorporation on behalf of said corporation. Notary Public, State of TexasTHE STATE OF TEXAS §COUNTYOF~S 0 ;tt:J~ -rfi, This instrument was acknowledged before me on the /G.-( day ofDrCt"J1ht!,2012, byBlake Gossett as President of Skyline Aviation, Inc., a Texas for profit corporation, and _ __------------- 4ts · , on behalf ofsaid corporation. · ~~~~""--= Notar ublic, State ofTexasZ:Leasesi.A.P- i 3-036_AP_SKYLiiIE_LEASE2.docx-Page 2? of 3 0
  • 158. APPROVED AS TO CONTENT: APPROVED AS TO FORM:APPROVED FOR INSURANCE AND INDEMNIFICATION:Z:LeasesAP - 13-036_AP_SKYLINE_LEASE2.docx-Page 30 of 3 0
  • 159. .s E 1:! cone. meo! hanger Tract 1 tA 1. T76 Ac •. PPfox. 50 sa·· · r----. •· 9 Sq,Ft.) Skyline Aviation u <: 8926 Hangor Rd. 0 u (oppt<><. 15,378 Sq.Ft. excluding owrrhonqs) ~~be,. ->f-. _ _ _. Set 3/fS spike on west edge 6J b[!ried cc.rcrete drain ftom which metnl point for NW cor "708.05 Ac" hangar brs. N 133500"W 1481.88 Let = 312108..8" North f>oint. for ·earner ori W.e$1 e<;lge / Long = 100;3,016.2 West .of osph!Jit fr.am which .a 5f.B." iron rod wjth. 0op marked RPLS 4261" set for witness. brs. N B.2~374<t W 0.25 qnr;! point for NW ;:or "708.05 Ad brs. N 263.858"W 1698..95 0 = point unless otherwise noted 106 - * - = chain link fence WASHINGTON COUNTY SCHOOL LAND (} 60 120 ASST. 3943 i SCALE: i" = 60 NOTES Courses, distances and coordinates PLAT SHOWING shown ore of the Texas Coordinate System of l927~Centrol Zonec SKYUNE AVIATION LEASE TRACT COltSe r.eference is the west AT lin.e of 2.827 !)ere lrott.• SAN ANGELO REGIONAL AIRPORT The h~ose tract shown her«on .wos TOM GREEN CGUNTY, TEXAS Prepared from sutveys. made on the ·ground March 17, 20,09, :surveyed bosl!d upQn ihstroctions by City of StJn Anyelo p.ersonnel. The existenc.e or locotion oi current leases this the 1st day a ( r z : r , :612. or other mo.tters Of ~etord wer-e not researched for the ,purpose of this su.rv<iy, ·Thoma . Houston Registered Profession Land Surveyor· No, 4261 Buildings .and other improvements oFFICf;· OF This pltit is invalid s!rowil hereon eire shown for pictorial WILSON LAND S1JJW$.YING, JNC. without orlginol signature purposes t;nly and . do not tepre:sent 1514 W. BEAURECARO AVE. ond e_mb.o.SSed seoaL oil irT)ptovements that exist. ?. 0. BOX 3326 PH. 325.-653-3916. COPYRl!iHTEO Also .see accompanying descriptions. SAN ANGElO, TEXAS 76902 MATHUSKOWG.
  • 160. WILSON LAND SURVEYING, INC. LICENSED STATE & REGISTERED PROFESSIONAL LAND SURVEYORS PHONE 325/653-3916 * FAX 325/655-1895 P.O. BOX 3326-ZIP 76902 1514 W. BEAUREGARD AVE. SAN ANGELO, TEXAS 76901 WM. C. WILSON, JR. THOMAS J. HOUSTON R.P.L.S., L.S.L.S. R.P.L.S., L.S.L.S., (1932-2005) B.S.S San Angelo Regional Airport Skyline Aviation Lease (Remainder tract and Tract 2) Being 1.657 acres (approximately 72,163 square feet) of land out of Washington County School Land Survey 106, Abstract 3943, Tom Green County, Texas and being part of that "708.05 Ac." tract described in deed from Washington County, Texas to the City of San Angelo dated April 16, 1990 and recorded in Volume 194 at Page 400 of the Official Public Records of Real Property of Tom Green County, Texas. Said 1.657 acres also being the north and east part of a 2. 827 Ac. lease tract and being comprised of that 1. 327 Ac. Remainder tract and that 0.330 Ac. Tract 2 shown on plat "MATHUSKY.DWG" dated November 1, 2012. Said 1.657 acres being described by metes and bounds as follows: Beginning at a point on west edge of asphalt for the SE corner of said 2.827 Ac. tract and the SE corner of this tract from which a point for the NW corner said "708.05 Ac." tract bears N.26°3858 11 W. 1698.95 feet and a 5/8" iron rod with cap marked "RPLS 4261" set for witness bears N.82°3742"W. 0.23 foot. Thence with a south line of said 2.827 Ac. tract, N.82°3742"W. 149.42 feet to a point for a SW corner of this tract and the SE corner of a 1.170 Ac. Tract 1 also shown on said plat. Thence with an east line of said 1.170 Ac. tract, N.7°3506"E., at 96.26 feet pass the NW corner of said Tract 2, in all 114.45 feet to a SW corner of hangar for the most easterly NE corner of said Tract 1. Thence with a north line of said Tract 1, N.82°4106"W. 111.58 feet to a point for corner. Thence with an east line of said Tract 1, N.7°4910"E. 153.95 feet to a point for the most northerly NE corner of said Tract 1. Thence with a north line of said Tract 1, N.83°1334"W. 161.76 feet to a W iron pipe found in the west line of said 2. 827 Ac. tract for the NW corner of said Tract 1 and the most westerly SW corner of this tract. Thence with said west line of 2.827 Ac. tract, N.7°1445nE. 30.12 feet to a point for the NW corner of said 2.827 Ac. tract and the NW corner of this tract. Page 1 of 2..-------- -~~~~-~~~~~~------
  • 161. Thence with a north line of said 2.827 Ac. tract S.81°2808"E., at 1a 15.8 feet a chain link corner post and continuing along or neara fence a total distance of 196.44 feet to a point for an ell corfrom which a chain link corner post bears S.81°2808"E. 0.6 footand~~~ found iron pipe bears S.7°2447"W. 26.12 feet.Thence with a west line of said 2.827 ac. tract/ N.7°2447"E. 18.88feet to a point for a north corner of said 2.827 Ac. tract fromwhich a chain link corner post bears S.46°0751"E. 0.71 foot.Thence with a north line of said 2.827 Ac. tract/ S.82°3513"E.225.00 feet to a point in asphalt for the NE corner of said 2.827Ac. tract and the NE corner of this tract.Thence with the east line of said 2.827 Ac. tract, S.7°2447 11 W.311.46 feet to the place of beginning and containing 1.657 acres ofland.NOTE: Courses and distances recited herein are of the Texas Coordinate System of 1927 - Central Zone.Prepared from a survey made on the ground March 17 1 2009, thisthe 11th day of Thomas 0 Dece_m_b_e_r_:v-=%0- _1_~-=· -7"- - 7, r--""-"-C-"L--"--- Houston Registered Professio Land Surveyor No. 426Also see previously prepared plat (MATHUSKY.DWG) Page 2 of 2
  • 162. City of San AngeloMemo Date: 1/07/13 To: Mayor and Councilmembers From: Robert Martinez, Assistant Chief of Police Subject: Agenda Item for January 22, 2013 Council Meeting Contact: Assistant Chief Robert Martinez, 657-4336 Caption: Consent Agenda Item Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for fiscal year 2012-2013; and finding a public purpose and benefit Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for fiscal year 2012-2013; and finding a public purpose and benefit Summary: During the Budget process the City Council approved contributions to the County for provision of Mental Health Unit services and Crisis Intervention Unit services. These Agreements detail services which are provided to the City by these Units. History: See above. Financial Impact: The City of San Angelo will pay the County $26,132 to support the Crisis Intervention Unit and $77,278 to support the Mental Health Unit. The funds for this are budgeted in the City 2012-13 budget. Other Information/Recommendation: Staff recommends approval. Attachments: Resolution and Crisis Intervention Unit Interlocal Agreement Resolution and Mental Health Unit Interlocal Agreement Presentation:none Reviewed by Service Area Director: Assistant Chief Robert Martinez, Police Department, 1/07/13 Adopted: 5/30/03 Revised: 1/16/08
  • 163. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TOM GREEN COUNTY PROVIDING FOR MENTAL HEALTH UNIT (MHU) SERVICES; MAKING PROVISION FOR CITY PARTICIPATION IN THE COSTS ASSOCIATED WITH THE MHU NOT TO EXCEED $77,278.00, FOR FISCAL YEAR 2012-2013; AND FINDING A PUBLIC PURPOSE AND BENEFIT WHEREAS, the Mental Health Unit (MHU) is a public service, first responder groupthat is called out by local law enforcement officer request; and, WHEREAS, MHU staff respond to crisis calls involving the mentally ill or suicidal orhomicidal subjects for assessment and transport to appropriate and safe facilities; and, WHEREAS, the services of the MHU have been jointly supported through interlocalagreement between the City of San Angelo and Tom Green County; and, WHEREAS, the services of the MHU provide a health and safety benefit for thecitizens of the City and County; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: 1. The services of the Mental Health Unit, Tom Green County, are deemed to provide a health and safety benefit for the citizens of the City of San Angelo, Texas. 2. The City Manager or his designee is hereby authorized to execute the INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TOM GREEN COUNTY AND THE TOM GREEN COUNTY SHERIFF FOR SERVICES FROM THE MENTAL HEALTH UNIT, providing for MHU response on request of local law enforcement for the provision of services to the needs of mentally ill, suicidal or homicidal persons in crisis for assessment and transport to appropriate and safe facilities; and, making provision for City participation in the costs associated with the MHU not to exceed SEVENTY-SEVEN THOUSAND TWO HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($77,278.00), for fiscal year 2012-2013. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 164. APPROVED AS TO CONTENT APPROVED AS TO FORMTim Vasquez, Chief of Police Lysia H. Bowling, City Attorney
  • 165. INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY AND THE TOM GREEN COUNTY SHERIFF FOR SERVICES FROM THE COUNTY MENTAL HEALTH UNIT This Interlocal Agreement (hereinafter “this Agreement”) is entered into, pursuant tothe Interlocal Cooperation Act, Texas Government Code Section 791.000 et. seq., by andbetween Tom Green County, and the Tom Green County Sheriff (hereinafter “County”)and the City of San Angelo, Texas, a Texas home rule municipal corporation situated inTom Green County, Texas, (hereinafter “City”). City and County may be referred to as“Party” or “Parties” herein. WITNESSETH WHEREAS, County operates a mental health unit (“MHU”) for the benefit of itscitizens and to allow patrol units to return to their law enforcement duties when a mentalhealth situation arises; and WHEREAS, City desires to support County in this endeavor; and WHEREAS, this Agreement provides for City to benefit from the operation of theMHU and to contribute to the expenses associated with the MHU; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES ANDBENEFITS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS:ARTICLE 1: PURPOSE. The purpose of this Agreement is to set forth the terms and conditions agreed uponby the Parties in order for City to participate in the costs and benefits associated with theMHU.ARTICLE 2: TERM. The term of this Agreement shall commence on October 1, 2012 and shall continuein full force and effect until September 30, 2013. This Agreement may be terminated priorto this date in accordance with the termination provisions contained herein.ARTICLE 3: OBLIGATIONS OF CITY.City agrees to:Pay to County Seventy-Seven Thousand Two Hundred Seventy-Eight and 00/100 dollars($77,278.00) upon execution of this Agreement. 1|Page
  • 166. ARTICLE 4: OBLIGATIONS OF COUNTY.County agrees to operate a mental health unit through the Tom Green County Sheriff’sDepartment. The MHU shall:1. Consist of five (5) deputies and one (1) supervisor.2. Operate three hundred sixty-five (365) days per year, twenty-four (24) hours per day.3. Respond to crisis calls involving the mentally ill or suicidal/homicidal subjects in City and County.4. Assure that mentally ill and suicidal/homicidal subjects are assessed and transported to appropriate and safe facilities.5. Utilize the Seventy-Seven Thousand Two Hundred Seventy-Eight and 00/100 dollars ($77,278.00) provided by City to support the MHU by paying salaries, providing supplies and equipment, and maintenance of equipment, including automobiles.ARTICLE 5: NO JOINT ENTERPRISE. This Agreement is not intended to create a joint enterprise. By entering thisAgreement, the Parties are undertaking a governmental function or service the purpose ofwhich is to further the public good. The Parties do not jointly or severally have a pecuniarypurpose or profit motive in executing or performing this Agreement. The Parties do nothave an equal or mutual right of control.ARTICLE 6: STATUS OF EMPLOYEES. Each Party shall retain supervision and control of its own employees at all timeswhile performing this Agreement and no employee of one entity shall be considered aborrowed servant of the other entity for Workers’ Compensation purposes or for any otherreason. City agrees that all persons employed by it to furnish services hereunder areemployees, agents or representatives of City and not of County, and County agrees that allpersons employed by it to furnish services hereunder are employees, agents orrepresentatives of County and not of City. Such employees, agents or representatives ofeither entity are not entitled to benefits conferred on the other entity’s employees.ARTICLE 7: TERMINATION. This Agreement may be terminated at any time by mutual agreement of the Parties. 2|Page
  • 167. ARTICLE 8: EXECUTION. If the governing body of a Party is required to approve this Agreement, it shall notbecome effective until approved by the governing body of that Party. In that event, thisAgreement shall be executed by the duly authorized official(s) of the Party as expressed inthe approving resolution or order of the governing body of said Party.ARTICLE 9: ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing,between the Parties hereto with respect to the subject matter hereof, and no otheragreement, statement, or promise relating to the subject matter of this Agreement, which isnot contained herein, shall be valid or binding.ARTICLE 10: AMENDMENT. This Agreement may only be amended by the mutual agreement of the Partieshereto in a writing signed by a duly authorized representative of each Party and attached toand incorporated into this Agreement. All amendments to the Agreement shall besubmitted to the City Council and Commissioners Court for their consideration andapproval.ARTICLE 11: SEVERABILITY. In the event that any one or more of the provisions contained in this Agreement shallbe held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, orunenforceability shall not affect any other provisions herein, and this Agreement shall beconstrued as if such invalid, illegal, or unenforceable provision had never been containedherein.ARTICLE 12: FORCE MAJEURE. In the event that either Party shall be prevented from performing its duties under thisAgreement by an act of nature, by acts of war, riot, or civil commotion, by an act of State,by strikes, fire, flood, or by the occurrence of any other event beyond the control of theParties hereto, it shall not be considered a breach of this Agreement.ARTICLE 13: EXCLUSIVITY. This Agreement is non-exclusive and nothing herein shall in any way limit the right ofthe Parties to enter into agreements with other individuals or entities to provide the same or 3|Page
  • 168. similar service.ARTICLE 14: NOTICE. Any notice to be given hereunder by either Party to the other shall be in writing andsent by First Class U.S. Mail, registered or certified, return receipt requested as follows: To County: Name: Honorable Michael D. Brown Title: County Judge Address: 122 West Harris San Angelo, Texas 76903 Telephone No.: 325/653-3318 Facsimile No.: 325/659-3258 To City: Name: The City of San Angelo Title: Attn: City Manager Address: 72 West College Ave. San Angelo, Texas 76903 Telephone No.: 325/657-4241 Facsimile No.: 325/657-4335ARTICLE NO. 15: APPLICABLE LAW This Agreement is not intended to create any legal rights enforceable by any thirdParty against either Party, nor is it intended to waive any rights or defenses available to anyParty. City and County will have rights, immunities, and defenses available to them underlaw. Venue for any proceeding brought pursuant to this Agreement shall be in Tom GreenCounty, Texas. Nothing herein contained shall be deemed to constitute a waiver by City or Countyof the immunities afforded them under state law.ARTICLE NO. 16: ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES. Due to the unique nature of this Agreement, the Parties agree that neither City norCounty may assign its rights or delegate its duties hereunder to any third Party without theprior written consent and approval of the other Party, which consent shall not beunreasonably withheld. Any purported assignment, transfer or conveyance without suchwritten consent shall be null and void. 4|Page
  • 169. ARTICLE NO. 17: CAPTIONS. The headings of the various sections of this Agreement have been inserted forconvenient reference only and shall not modify, define, limit or expand the expressedprovisions of this Agreement. EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of_____________, 2013. CITY OF SAN ANGELO: By: __________________________________ Daniel Valenzuela, City ManagerATTEST:__________________________Alicia Ramirez, City Clerk EXECUTED in duplicate originals by Tom Green County on this the _____ day of____________, 2013. TOM GREEN COUNTY: By: __________________________________ Michael D. Brown, County Judge, Tom Green County, acting in his official capacity as County Judge and not individually By: _________________________________ David Jones, Tom Green County Sheriff, acting in his official capacity as Sheriff and not individuallyATTEST:________________________________Elizabeth McGill, County ClerkApproved as to content: Approved as to form:By: By: Tim Vasquez, Lysia H. Bowling, City of San Angelo Police Chief City Attorney 5|Page
  • 170. A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TOM GREEN COUNTY PROVIDING FOR CRISIS INTERVENTION UNIT (CIU) SERVICES; MAKING PROVISION FOR CITY PARTICIPATION IN THE COSTS ASSOCIATED WITH THE CIU NOT TO EXCEED $26,132.00, FOR FISCAL YEAR 2012-2013; AND FINDING A PUBLIC PURPOSE AND BENEFIT WHEREAS, the Crisis Intervention Unit (CIU) is a public service, first responder groupthat is called out by local law enforcement officer request; and, WHEREAS, CIU volunteers and staff respond to the needs of victims includingassessment of needs, crisis counseling, information and referrals, emergency transportation,assistance with emergency protective orders, as well as coordinate their services with other socialservice organizations in the community and with the criminal justice system; and, WHEREAS, the services of the CIU have been jointly supported through interlocalagreement between the City of San Angelo and Tom Green County; and, WHEREAS, the services of the CIU provide a health and safety benefit for the citizensof the City and County; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO, TEXAS THAT: 1. The services of the Crisis Intervention Unit, Tom Green County, are deemed to provide a health and safety benefit for the citizens of the City of San Angelo, Texas. 2. The City Manager or his designee is hereby authorized to execute the INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TOM GREEN COUNTY FOR SERVICES FROM THE COUNTY CRISIS INTERVENTION UNIT, providing for CIU response on request of local law enforcement for the provision of services to the needs of victims, and to coordinate with other social service organizations and the criminal justice system; and, making provision for City participation in the costs associated with the CIU not to exceed TWENTY-SIX THOUSAND ONE HUNDRED THIRTY TWO AND NO/100 DOLLARS ($26,132.00), for fiscal year 2012-2013. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXASATTEST: Alvin New, MayorAlicia Ramirez, City Clerk
  • 171. APPROVED AS TO CONTENT APPROVED AS TO FORMTim Vasquez, Chief of Police Lysia H. Bowling, City Attorney
  • 172. INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY FOR SERVICES FROM THE COUNTY CRISIS INTERVENTION UNIT This Interlocal Agreement (hereinafter “this Agreement”) is entered into, pursuant tothe Interlocal Cooperation Act, Texas Government Code Section 791.000 et. seq., by andbetween Tom Green County, (hereinafter “County”) and the City of San Angelo, Texas, aTexas home rule municipal corporation situated in Tom Green County, Texas, (hereinafter “City”). City and County may be referred to as “Party” or “Parties” herein. WITNESSETH WHEREAS, County operates a crisis intervention unit (“CIU”) to provide services tovictims of crime; and WHEREAS, City desires to support County in this endeavor; and WHEREAS, this Agreement provides for City to benefit from the operation of theCIU and to contribute to the expenses associated with the CIU; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES ANDBENEFITS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS:ARTICLE 1: PURPOSE. The purpose of this Agreement is to set forth the terms and conditions agreed uponby the Parties in order for City to participate in the costs and benefits associated with theCIU.ARTICLE 2: TERM. The term of this Agreement shall commence on October 1, 2012 and shall continuein full force and effect until September 30, 2013. This Agreement may be terminated priorto this date in accordance with the termination provisions contained herein.ARTICLE 3: OBLIGATIONS OF CITY.City agrees to:Pay to County Twenty-Six Thousand One Hundred Thirty-Two and 00/100 dollars($26,132.00) upon execution of this Agreement.
  • 173. ARTICLE 4: OBLIGATIONS OF COUNTY.County agrees to operate a crisis intervention unit through the Tom Green County Sheriff’sDepartment. The CIU shall:1. Provide staff and trained civilian volunteers.2. Operate three hundred sixty-five (365) days per year, twenty-four (24) hours per day.3. Respond to crisis calls involving crime victims in City and County.4. Provide crisis counseling, assessment of needs, information and referrals, emergency transportation, assist with emergency protective orders for victims of family violence and stalking and respond to death scenes when requested.5. Utilize the Twenty-Six Thousand One Hundred Thirty-Two and 00/100 dollars ($26,132.00) provided by City to support the CIU by paying a portion of the salary, benefits and cell phone expenses of the CIU coordinator.ARTICLE 5: NO JOINT ENTERPRISE. This Agreement is not intended to create a joint enterprise. By entering thisAgreement, the Parties are undertaking a governmental function or service the purpose ofwhich is to further the public good. The Parties do not jointly or severally have a pecuniarypurpose or profit motive in executing or performing this Agreement. The Parties do nothave an equal or mutual right of control.ARTICLE 6: STATUS OF EMPLOYEES. Each Party shall retain supervision and control of its own employees at all timeswhile performing this Agreement and no employee of one entity shall be considered aborrowed servant of the other entity for Workers’ Compensation purposes or for any otherreason. City agrees that all persons employed by it to furnish services hereunder areemployees, agents or representatives of City and not of County, and County agrees that allpersons employed by it to furnish services hereunder are employees, agents orrepresentatives of County and not of City. Such employees, agents or representatives ofeither entity are not entitled to benefits conferred on the other entity’s employees.ARTICLE 7: TERMINATION. This Agreement may be terminated at any time by mutual agreement of the Parties. 2|Page
  • 174. ARTICLE 8: EXECUTION. If the governing body of a Party is required to approve this Agreement, it shall notbecome effective until approved by the governing body of that Party. In that event, thisAgreement shall be executed by the duly authorized official(s) of the Party as expressed inthe approving resolution or order of the governing body of said Party.ARTICLE 9: ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing,between the Parties hereto with respect to the subject matter hereof, and no otheragreement, statement, or promise relating to the subject matter of this Agreement, which isnot contained herein, shall be valid or binding.ARTICLE 10: AMENDMENT. This Agreement may only be amended by the mutual agreement of the Partieshereto in a writing signed by a duly authorized representative of each Party and attached toand incorporated into this Agreement. All amendments to the Agreement shall besubmitted to the City Council and Commissioners Court for their consideration andapproval.ARTICLE 11: SEVERABILITY. In the event that any one or more of the provisions contained in this Agreement shallbe held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, orunenforceability shall not affect any other provisions herein, and this Agreement shall beconstrued as if such invalid, illegal, or unenforceable provision had never been containedherein.ARTICLE 12: FORCE MAJEURE. In the event that either Party shall be prevented from performing its duties under thisAgreement by an act of nature, by acts of war, riot, or civil commotion, by an act of State,by strikes, fire, flood, or by the occurrence of any other event beyond the control of theParties hereto, it shall not be considered a breach of this Agreement.ARTICLE 13: EXCLUSIVITY. This Agreement is non-exclusive and nothing herein shall in any way limit the right of 3|Page
  • 175. the Parties to enter into agreements with other individuals or entities to provide the same orsimilar service.ARTICLE 14: NOTICE. Any notice to be given hereunder by either Party to the other shall be in writing andsent by First Class U.S. Mail, registered or certified, return receipt requested as follows: To County: Name: Honorable Michael D. Brown Title: County Judge Address: 122 West Harris San Angelo, Texas 76903 Telephone No.: 325/653-3318 Facsimile No.: 325/659-3258 To City: Name: The City of San Angelo Title: Attn: City Manager Address: 72 West College Ave. San Angelo, Texas 76903 Telephone No.: 325/657-4241 Facsimile No.: 325/657-4335ARTICLE NO. 15: APPLICABLE LAW This Agreement is not intended to create any legal rights enforceable by any thirdParty against either Party, nor is it intended to waive any rights or defenses available to anyParty. City and County will have rights, immunities, and defenses available to them underlaw. Venue for any proceeding brought pursuant to this Agreement shall be in Tom GreenCounty, Texas. Nothing herein contained shall be deemed to constitute a waiver by City or Countyof the immunities afforded them under state law.ARTICLE NO. 16: ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES. Due to the unique nature of this Agreement, the Parties agree that neither City norCounty may assign its rights or delegate its duties hereunder to any third Party without theprior written consent and approval of the other Party, which consent shall not beunreasonably withheld. Any purported assignment, transfer or conveyance without suchwritten consent shall be null and void. 4|Page
  • 176. ARTICLE NO. 17: CAPTIONS. The headings of the various sections of this Agreement have been inserted forconvenient reference only and shall not modify, define, limit or expand the expressedprovisions of this Agreement. EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of_____________, 2013. CITY OF SAN ANGELO: By: __________________________________ Daniel Valenzuela, City ManagerATTEST:__________________________Alicia Ramirez, City Clerk EXECUTED in duplicate originals by Tom Green County on this the _____ day of____________, 2013. TOM GREEN COUNTY: By: __________________________________ Michael D. Brown, County Judge, Tom Green County, acting in his official capacity as County Judge and not individually By: _________________________________ David Jones, Tom Green County Sheriff, acting in his official capacity as Sheriff and not individuallyATTEST:___________________________Elizabeth McGill, County ClerkApproved as to content: Approved as to form:By: By: Tim Vasquez, Lysia H. Bowling, City of San Angelo Police Chief City Attorney 5|Page
  • 177. 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
  • 178. 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.
  • 179. 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
  • 180. 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)
  • 181. 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 DATEBE 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 which impoundment is authorized by the provisions of this Chapter shall be taken into the custody of the 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 with Section 3.504 of this Article and shall be required to pay to the City all fees, costs and expenses incurred in the seizure, impoundment and redemption of the animal, which shall include, but are not 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 animal to the animal control authority by executing a release to relinquish ownership. For purposes of this Article, a presumption of relinquishment exists with respect to any animal which is not redeemed 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, his designee 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 is restrained 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 for three (3) business days excluding the date of impoundment.(b) An impounded animal exhibiting an identification tag or micro-chip shall be kept for seven (7) business days excluding the day of impoundment during which period the
  • 182. Animal Services Manager or designee will notify the owner identified on such tag or micro-chip by personal contact or mail to the address identified on the tag or micro-chip of the impounded animal. If the owner of an impounded animal does not claim the animal within the prescribed seven (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 in the 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 a qualified 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 of operation of the City of San Angelo Animal Shelter in accordance with the procedures established under this section.(b) No impounded animal shall be redeemed unless approved for redemption by the Director of Animal Services. To obtain approval for redemption, the owner shall: 1. Present proof of ownership, current registration, current rabies vaccination, alteration of the animal, and 2. Pay all applicable fees, costs and expenses incurred in the seizure, impoundment and redemption 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 current rabies vaccination and shall be registered and vaccinated before redemption by the owner. If the owner fails to provide proof of current registration or current rabies vaccination, the Director of Animal 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 Director shall transfer the animal to a designated veterinary facility for alteration. If an animal is transferred for alteration, the Director of Animal Services will inform the owner of the name and location of the veterinary facility and the date and time of release. Animals will only be released to the owner upon presentation to the veterinary facility of redemption approval.
  • 183. (e) No unaltered impounded animal shall be redeemed, except under the following circumstances: 1. The owner pays an unaltered animal fee as provided for in the fee schedule under Appendix 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 as provided 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 of alteration of the unaltered impounded animal. 4. Consideration may be given, but does not guarantee waiver to alteration, if the owner provides proof of registration of the unaltered impounded animal from a nationally recognized kennel association. This exception to the requirement of alteration may not be invoked more than 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 of this Chapter.(b) The Director of Animal Services has the discretion to humanely euthanize any impounded animal that remains in the City Animal Shelter after expiration of the impoundment period 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 release form, an animal is automatically eligible for adoption in accordance with Sections 3.412 through 3.415 of this Chapter.(b) The Director of Animal Services has the discretion to humanely euthanize any animal which 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:
  • 184. 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 , 2013, and finally PASSED,APPROVED and ADOPTED on this the day of , 2013. CITY OF SAN ANGELOATTEST: Alvin New, MayorAlicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Sandra J. Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 185. 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 DATEBE 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
  • 186. 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 , 2013, and finally PASSED,APPROVED and ADOPTED on this the day of , 2013. CITY OF SAN ANGELOATTEST: Alvin New, MayorAlicia Ramirez, City ClerkApproved as to Content: Approved as to Form:Sandra J. Villarreal Lysia H. BowlingHealth Services Manager City Attorney
  • 187. 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 DATEBE 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 of Animal Services for approval, along with payment of the adoption fee.(b) Adoptee animals will be released for adoption from a designated veterinary facility. Once an application for adoption is approved, the Director of Animal Services will inform the applicant 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 adoption approval. Adopter may request a different veterinarian to perform the sterilization surgery on the unaltered animal, upon which adopter will pay any additional
  • 188. surgery charges beyond the City’s contracted pricing and any additional fees assessed by the veterinarian, as stated in 3.415(d) of this 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 of the 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 if the 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 must be submitted to the Director of Animal Services for approval, along with payment of the adoption fee.(c) Adoptee animals will be released for adoption from a designated veterinary facility or the animal shelter if previously sterilized. Once an application for adoption is approved, the Director of Animal Services will inform the applicant 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 adoption approval.(d) A qualified rescue organization will ensure an animal is micro-chipped prior to release of an 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 and providing 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 is prescribed by Appendix A, Article 1.300(b) of the San Angelo Code of Ordinances.
  • 189. (c) The adoption fee for adoptions of previously sterilized and micro-chipped animals is prescribed by Appendix A, Article 1.300(c) of the San Angelo Code of Ordinances.(d) The adoption fee for adoptions of previously sterilized, non-micro-chipped animals is prescribed 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 Article constitute the City’s contracted amount for sterilization surgery, registration fees, rabies vaccination fees and micro-chipping costs. Any fees assessed for additional veterinary services other than the City’s contracted amount for sterilization surgery, registration fees, rabies vaccination fees and micro-chipping costs do not constitute adoption fees. The City is not liable for fees assessed for any additional veterinary services. Adopter is responsible to the veterinarian for any additional fees incurred. Changes to the City’s contracted amount for sterilization surgery 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 each fiscal year under Appendix A, Article 1.000 Animal Control Service Fees of the San Angelo Code of Ordinances.(g) A qualified rescue organization shall have an option to negotiate pricing and shall be solely responsible for negotiation and payment directly to a veterinarian of any and all costs incurred for sterilization services or other services negotiated and obtained directly between a qualified 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.
  • 190. 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 2013, and finally PASSED,APPROVED and ADOPTED on this the day of , 2013. 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
  • 191. City of San AngeloMemo Meeting Date: January 8, 2013 To: Planning Commission members From: Jeff Hintz, Planner Subject: Z 12-18: David Mazur & Z 12-19: COSA Planning, A request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to allow "household living" - AND - a request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to maintain a contiguous boundary for CBD zoning and in recognition of the historical type of development on the following properties: Location: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo. Purpose: Approval of these requests will rezone the properties to Central Business District (CBD). Contacts: David Mazur, property owner 325-656-7553 Jeff Hintz, 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 12-18: David Mazur & Z 12-19 COSA Planning 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in
  • 192. downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or (3) Deny the proposed zone change Recommendation: Planning staff recommends approving both of the proposed zone changes. On December 17, 2012 the Planning Commission recommended approving both zone changes by a vote of 5-0.History and Background: Mr. Mazur, the property owner at 314 & 316 North Chadbourne approached city staff in November of 2012 with the idea of turning the properties at 314 & 316 North Chadbourne into a mixed use development with a photography studio, retail opportunity, and loft living space. After some discussion regarding parking requirements and potentially requesting a variance Mr. Mazur inquired about a zone change to the Central Business District (CBD). Initially, this option did not appear to be the best one, because staff and the Planning Commission expanded the CBD in May of 2011 (following discussions by the Commission in February - April) to what was deemed the final extension of the zoning district. The CBD zoning district was proposed to embrace specific types of property - those which are historic in nature and developed in the manner in which most urban downtowns were constructed - buildings built in high density and intended for business being topped with residential use, footprints extended to the front building lines, and in a walkable fashion (since they predated design done around the automobile). Expanding this zoning district onto areas which are not developed in this manner essentially dilute the district and create inequity. However, staff realized that the initial proposal for expansion of the CBD to the north had included this block face - the City Council had great hesitation for rezoning here since the building which began this inquiry was at that time the home of "industrial service" uses not allowed in the CBD. The concern was that the legal nonconforming status afforded with that zone change would lapse. That issue is no longer relevant since the building is now being prepared for usage in a way consistent with CBD zoning. Staff has initiated a zone change on the properties south of Mr. Mazurs to avoid creating spot zoning situation that singles out one tract for treatment different than those around it. It is important to also note that the other properties on this block face are also historically
  • 193. constructed and fit the type of property for which the CBD was intended. The CBD is unique inthe fact that it needs to remain a continuous district and not be separated by other zoningdesignations.It should be mentioned that Planner Jeff Hintz spoke with ALL the property owners subject tothis zone change request before the required notification process and that no objections weremade; when the zone change process and what it means to the property owners was explained,property owners supported the zone change from Planning Staff on their behalf. Mr. Hintz alsospoke with the Director of Downtown San Angelo (DSA), Brenda Gunter and obtained DSAssupport for this particular request.General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Retail services & future retail establishments Surrounding Zoning/Land Use: North: ML Thrift store & outreach services West: CG/CH Industrial services & retail establishments South: CBD Retail establishments & services East: CG/CH Industrial activity & warehousing Thoroughfares/Streets: North Chadbourne Street is defined as a "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. East 3rd & 4th Streets are defined as "local streets" and are designed to carry light neighborhood traffic at lower speeds and generally connects to collector or arterial streets. Zoning History: Approved in September of 2011, Z 11-14 expanded the Central Business District northward to East 3rd Street from College Avenue between Gillis & North Oakes Street. Approved in August of 2012, Z 12-05 Historically Overlaid East 4th Street between North Chadbourne & Oakes. Approved in January of 2008, Z 07-22 Historically Overlaid the properties at 310 & 312 North Chadbourne Street.
  • 194. Approved in January of 2008, Z 07-23 Historically Overlaid the property at 316 North Chadbourne Street.Applicable Regulations: On-premise alcohol sales will be allowed by right in the CBD; Off-street parking requirements are also waived. In addition, no setbacks are required in the CBD zoning designation.Development Standards: N/AVision Plan Map: DowntownComp Plan Excerpts: The 2003 Comprehensive Plan calls for the attraction of more stores, evening entertainment venues, and restaurants within the downtown area. The 2009 Comprehensive Plan Update contains the following quotations pertaining to downtown: "There is a place where “traffic” and “congestion” are welcome, where there is a need for more traffic, where commuting times rise slightly, and that place is -- downtown. The success of a downtown depends on hustle and bustle. People are attracted to it and businesses thrive in it. Potential exists in the community for roads to be narrowed, sidewalks added, street trees incorporated, on-street parking configured and the experience created." "Downtown is the strongest point of reference for San Angelo. Including the riverfront, it is considered the “heart” of the community. As such, the City appropriately mandated that this strategic plan update include an emphasis on restoring and stabilizing Downtown. " Goal one of the Downtown Section of the Comprehensive Plan is to, "Increase the permanent downtown residential population of downtown San Angelo." Action steps of goal one include the following: "Consider expanding the extent of CBD zoning district to encompass more (if not all) of the downtown area designated on the Vision Plan map, in order to allow for greater variety of residential types in the area."
  • 195. "Eliminate CG/CH zoning inappropriate and incompatible within downtown, encouraging many of the more intensive business-to-business uses allowed therein to relocate into commercial and industrial areas as designated on the Vision Plan map." The visioning statement of the 2009 Comprehensive Plan Update states that, ...."we will uphold a community commitment to the past, ensuring that downtown will always remain the heart and soul of San Angelo." The downtown section of the 2009 Comprehensive Plan update states "Encourage, participate in, and streamline the process for renovating historic structures into unique residential opportunities."Special Information Traffic Concerns: Changing the zoning from one commercial designation to another designation is not expected to create any traffic changes for the area given that the lots have no off-street parking available at this time. Parking Requirements: The Central Business District does not require any off-street parking, it is ONLY an option to the owner, but not mandatory. Parking Provided: It appears on street parking is the only option for these properties at this time, given their historical nature when developing. Density: The lots are nearly built out to the property lines in almost every instance on this particular block. This area is one of the most densely developed in the entire downtown area. Notification Required: Yes Notifications Sent: 18 Responses in Favor: 3 Responses in Opposition: 0
  • 196. Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment. 5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The staff recommendation is based upon the statements listed below. Both zone change requests are compatible with the plans and policies of the City as well as consistent with the purposes of the zoning ordinance. Given the historical nature of this area, Central Business District zoning is highly appropriate. When the downtown area developed in the past, auto travel was not a main mode of transportation and buildings were often times built immediately to the front property line. This feature is unique to the downtown area and CBD. The Zoning Ordinance and Comprehensive Plan recognize this uniqueness and accommodate as well as encourage the expansion of business and residential opportunities within this zoning district. Given the continuation of the existing CBD and not creating an island, staff believes that these requests will be consistent with the plans and policies of the city. It should be noted that this area is home to several historically designated properties and the only remaining brick street in the city. Expanding the CBD will allow this area to continue to develop in harmony with the historical character of the area. This zone change will aid in the goals of the Comprehensive Plan seeking to add residential
  • 197. opportunities downtown, as well as to slowly phase "Industrial Services" away from thedowntown area. Historically "Industrial Service" activities were necessary in thedowntown to be near other warehouses and businesses, this is no longer the case; theComprehensive Plan recognizes this and through the elimination of CG/CH zoning (alsoa goal of the Comprehensive Plan) the area and downtown as a whole will benefit fromthe Zone Change. The Zoning Ordinance recognizes the incompatibility from the rangeof uses allowed within CG/CH and downtown; this incompatibility results in vacantbuildings and disconnected land use patterns.Staff is confident these zone change proposals are consistent with the surroundingarea. As previously mentioned, the historical nature and development of this area allowthe area to act like the CBD already even though it is not zoned as such at this time.The full build-out of the properties and lack of off-street parking opportunities are highlyvisible in the CBD and also present on this block. Approval of this request is consistentwith the Comprehensive Plan, as such an amendment to this Comprehensive Plan willnot be necessary. Previous Planning Commission members, Council Members,Planning Staff, and more importantly the community members have envisioned thisparticular area for "Downtown" development. Given the goals of the ComprehensivePlan mentioned above, staff feels that this particular block will be highly successful inmeeting those goals outlined within the "Downtown Section" of the ComprehensivePlan.These particular proposals are not expected to have any impact on the naturalenvironment or development patterns of the area. This particular area has been built outfor decades and three of the buildings and a street adjacent to this block are HistoricallyOverlaid. Given the historical development patterns of the area and the desire topreserve those patterns in this particular area, staff is confident the development of thearea will only be aided by this particular zoning change. In fact, by limiting the "IndustrialServices" allowed in the future on this block to allowance with a Conditional Use only,staff believes the development in the future will be much more consistent with the"Downtown" vision anticipated in this area by the Comprehensive Plan. Thepreservation of natural environment will actually be served by allowing these buildingsto be reused without having to meet parking standards. Under CBD zoning, off-streetparking is not required; whenever a change of occupancy is required, parking standardsare required to be met. Given the build out of this particular block face, this could bevery problematic in developing the properties as differing uses moving forward. Thiscould push businesses further outside the downtown city core and lead to futureunderutilized properties in the downtown area; pushing businesses outside the city coreand a historical area is certainly not in line with the goals of the comprehensive plan nordoes it serve a community need.The zone change to CBD was proposed before for this particular set of properties andactually recommended by staff. Due to some "Industrial Service" type uses in the areathe expansion was not sought last year. Now that the properties have changed handsand the applicant is no longer wishing to pursue industrial uses downtown, this is theideal time to pursue a zone change in the eyes of staff. This zone change will open upother opportunities for residential living downtown, as well as remove a defunct zoningdistrict that is not appropriate for the downtown core. In addition, staff believes the
  • 198. historical nature of the area is not preserved as the way it should be with intensiveCG/CH zoning. The CBD is a much better suited district to further the development ofthis area as an historic gateway into downtown both now and for future generations. Forall of these reasons, staff is recommending approval of both zone change requests toCBD.Proposed Conditions N/AAttachments: excerpt from zoning map, showing the general location within the City of San Angelo; excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; citizen responses; draft minutes from Planning Commission; and draft ordinance.Presentation: AJ Fawver, Planning ManagerReviewed by: AJ Fawver, Planning Manager (12/08/12)
  • 199. B. Z 12-18: David Mazur & Z 12-19: COSA Planning A request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to allow "household living" - AND - a request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to maintain a contiguous boundary for CBD zoning and in recognition of the historical type of development on the following properties: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo.Jeff Hintz, Planner, came forward to present these requests together, consistentwith the staff recommendation of approval. Mr. Hintz reviewed the caption for theitem. Eighteen notifications were sent, with three received in favor, and zeroreceived in opposition. A map of the three properties who replied in favor of therequest was shown. Mr. Hintz explained that Mr. Mazur had been through a DRC(Development Review Committee) meeting for a project at this location. At thattime, a discussion of the CBD zoning had been addressed. Mr. Hintz reviewed thehistory of the CBD zoning district and reminded the Commission that the Councilhad decided not to apply CBD zoning to this block face as recommended by staffbecause of the presence of an industrial service taking place in this building. Thatindustrial service is no longer in place, so it appears appropriate for staff to againmake the assertion that this block face be included in the CBD. Mr. Hintz reviewedthe options. Mr. Hintz stated that he did speak with the property owners to beaffected, and that all owners had indicated their agreement with the proposal.Downtown San Angelo was also supportive of this request. Staff contacted all ofthese parties before initiating the request on the behalf of the Planning Division.This project fits into the "downtown" district proposed by the Comprehensive Planfor the city, and several excerpts were referred to in support of this matter. This isconsistent with the patterns of the area. The buildings are historic in nature and arebuilt in a matter for which the CBD zoning was initially tailored. There should belittle to no additional impact on the area.Mr. Lawrence stated the Commission was appreciative of the staff contacting theother property owners prior to the filing of the application.Mr. Mazur came forward to speak in favor of this request, he complimented staffshandling of the matter and the assistance they had offered.No one else came forward to speak.Motion, to approve as presented, was made by Darlene Jones and seconded byJoe Grimes. The motion passed unanimously, 5-0.
  • 200. 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-18: David Mazur & Z 12-19 COSA Planning 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; and WHEREAS, the applicant David Mazur seeks to create a mixed use development inharmony with the historical intent of the area and city Comprehensive Plan; WHEREAS, City Planning Staff in order to recognize the historical typedevelopment on this block face, and preserve the contagious boundary unique to only theCentral Business District, in conjunction with the Comprehensive Plan; 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:Evenly addressed properties on the east side of the 300 block of North Chadbournebetween East 4th and East 3rd Streets, more specifically occupying the KleckSubdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo shallhenceforth be permanently zoned as follows: Central Business (CB) 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.
  • 201. 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 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 8th day of January, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 22nd day of January, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, MayorATTEST:________________________________Alicia Ramirez, City Clerk
  • 202. Approved As To Content: Approved As To Form:_________________________ ________________________AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 203. City of San AngeloMemo Meeting Date: January 8, 2013 To: City Council Members From: Roxanne Johnston, Planner Subject: Z12-17: CSA Materials. A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to specifically allow for “Manufacturing & Production” as defined in Section 316.B, of the Zoning Ordinance on the following property: Location: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail in northeast San Angelo. Purpose: Approval of this request would zone the property Heavy Manufacturing (MH). Contacts: Chris Cornell, co-owner of CSA Materials, Inc. 325-655- 4511 Roxanne Johnston, Planner 325-657- 4210 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 12-17: CSA Materials AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH
  • 204. 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve this zone change; (2) Remand the application to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled; or (3) Deny the proposed zone change. Recommendation: City staff recommends approving the proposed zone change. On December 17, 2012, the Planning Commission recommended approval of this request by a unanimous vote of 5-0.History and Background: This area was annexed into the city in December of 2011 and, by default, was zoned as Ranch & Estate, which is the "holding zone" of all newly annexed property into the city limits. Section 303.A of the Zoning Ordinance defines the intent of R&E zoning as well as defining it as a holding district for newly annexed areas. This request for a zone change is the first for the subject property since the newly annexed area was incorporated into the city limits.
  • 205. General Information Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property, aggregate mining and cell phone tower. Surrounding Zoning/Land Use: North: R&E (Ranch & Undeveloped property, agricultural Estate) West: R&E (Ranch & Residential and Undeveloped properties Estate) South: ML (Light Undeveloped properties, low density Manufacturing), commercial uses MH (Heavy Manufacturing), and CG (General Commercial East: R&E (Ranch & High intensity industrial, undeveloped Estate) property, low density commercial uses Thoroughfares/Streets: Smith Boulevard is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets. Porter Henderson Drive, which the subject property has access to, is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets. Tractor Trail, which the subject property has access to, is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets. Zoning History: The Planning Commission, in its November 7, 2012 meeting, approved a recent zone change from R&E to MH on a property abutting the southern part of the subject property (case Z12-12). Applicable Regulations: Section 509 of the Zoning Ordinance addresses fencing as a screening mechanism. Any time a commercial use
  • 206. abuts a residential district or use, an opaque privacy fence is required; however, commercial properties bordering R&E zoning are exempted from this requirement in that Section. 316.B.1 of the Zoning Ordinance states, ..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production.." Development Standards: All required off-street parking and the connection(s) to a public right- of-way are required to be paved. Vision Plan Industrial Related Comp Plan Excerpts: Industrial section Goal One of the Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location." “Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods.” “Establish transition areas between commercial areas and nearby neighborhoods.”Special Information Traffic Concerns: Changing the zoning from a residential type to an industrial type zoning has the potential to generate additional traffic than if the property remained as-is. However, given the limited number of visitors to industrially-zoned properties, and ease of
  • 207. access to the highway for transport, staff is not overly concerned with the development of this property as industrial. A zone change to a commercial district could introduce larger amounts of traffic to the area when compared to manufacturing uses. Parking Requirements: Vary depending upon the use of the property. See Section 511. Parking Provided: No parking spots are currently provided on the property, though it is a combination of sizable tracts. Density: Predominantly large tracts of undeveloped land in the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as Industrial, creating an industrial hub. Notification Required: Yes Notifications Sent: 13 Responses in Favor: 0 Responses in Opposition: 0Analysis: In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council. 2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land. 4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
  • 208. 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.Generally speaking, Heavy Manufacturing (MH) uses are the most intense andnoxious of all potential uses of property within the city limits. The placement ofany industrial area needs to be exercised with caution. An MH zoningclassification needs to be weighed and considered with the utmost concern bythe Commission and staff. In looking at this request, staff weighed thesurrounding area and development patterns very carefully when formulating thisrecommendation. Before it was annexed into the city limits in December 2011,this area developed in an intense manner and residential development is verylimited to the area in general. Also, when undergoing the annexation process, theintent was articulated of this area emerging as an "industrial hub" for the city, withclose proximity to rail and two highway corridors. Five residences do exist alongOld Ballinger Highway, west of the property, with the closest being about 90 feetfrom the subject property. To the south, the nearest residences to this propertyare over half of a mile away. While the property is currently zoned R&E and withthe request to go from the least intensive zoning to the highest intensity zoningthat is available to MH, it is compatible with current area development patternsand future development projections when looking at the Vision Plan. Staff is alsoundergoing an analysis of the area, as should be done when annexation occurs,in order to update the Vision Map and the Thoroughfare Plan for the new area.This request for MH zoning is consistent with the Zoning Ordinance andcompatible with the surrounding area. While the area is underdeveloped at thistime, future development is likely to host higher intensity uses that can make useof the nearby highway and rail. In the manufacturing and production field,materials and freight need quick access to highways for transport to otherlocations. Due to isolation of this property and the area in general, staff isconfident that there will be a suitable buffer from current residential usage whichmay remain for some time. The residential R&E properties to the east areprojected in the Vision Plan to have a more commercial nature in the future as aNeighborhood Center, and there will be little negative effects on thesesurrounding properties.
  • 209. This somewhat isolated area is an ideal fit for the most noxious of uses in theeyes of staff; partial isolation from residences and from sight of travelers on thehighway is a preferred spot for MH zoning. The land uses allowed in the MHzoning category will include storing aggregate materials and other items outdoorsas well as constructing a plant. Isolation from residences and from visitors to thecommunity is key in placing these zoning districts. While the proximity of existingresidences is a less than ideal situation, it is important to remember that theseconflicting types of development occurred prior to annexation and the applicationof zoning regulations. As such, it is in all actuality an "inherited" issue.Ideally, MH zoning is located in an area with no residential activity nearby. Fewpeople will ever see the outdoor storage that is possible in this zoning district,and those who are subjected to it are not residences but rather industrial users ofproperty themselves. The Comprehensive Plan seeks to buffer residences fromthe tendency of industry to have outdoor storage of materials and goods. Beingthat this request is consistent with the goals and purposes of the ComprehensivePlan, there is no need for a vision amendment on this property for the request tobe approved.The intense uses allowed within this zoning designation do have the possibility tohave an effect on the natural environment. However, by following the goals of theComprehensive Plan and clustering these high intense uses into a few isolatedareas really diminishes the effect the natural environment will see. A zoning ofthis intensity would not normally be appropriate near areas identified as"neighborhood", but in an isolated area that has developed with intense industrialuses, staffs feels the proposed zoning is appropriate. Potential noxious soundsand odors will likely go unnoticed by a vast majority of people who visit and livewithin San Angelo. The city landfill, concrete plants, and warehouses are somepredominant land uses in this area; loud noises and odd smells on occasion arenot likely to bother the properties that have developed in nearby as many of themare currently already engaged in activities that are similar in nature tomanufacturing and production.With regard to community need, MH zoning in this area makes sense. Providinghubs allowing for industrial uses augments the industrial base which has beenestablished in recent years. This industrial base is a necessity for the health ofthe community.Staff is confident that this area is an isolated area that is appropriate for a clusterof intense uses and zoning designations. The lack of residential development,isolation from neighborhoods and sight by travelers makes this an area to focusthe most intense uses and businesses that wish to locate within the city limits.Quick access to the highway and lack of residential and commercial traffic heremakes this one of the safest locations within the city limits to cluster what is
  • 210. known in planning as LULUs or "Locally Unwanted Land Uses." Additionally, thecurrent lack of residential development and the lack of envisioned residentialdevelopment in the future make this area ripe for potential as a highly successfulindustrial area for the city.Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; and Aerial photo, highlighting subject property; and Excerpt from the Comprehensive Plan Vision map highlighting the subject property. Planning Commission Minutes; and Draft Ordinance.Presentation: Roxanne Johnston, PlannerReviewed by: AJ Fawver AICP, Planning Manager (12/27/12)
  • 211. MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, October 15, 2012 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXASPRESENT: Joe Grimes, Bill Lawrence, Sam Tambunga, Darlene Jones, Bill WynneABSENT: Sebastian Guerrero (AE), Jennifer Boggs (AU) STAFF: AJ Fawver, Planning Manager Jeff Hintz, Planner Kevin Boyd, PlannerVI. Requests for Zone Change. [Planning Commission makesrecommendation; City Council has final authority for approval.] A. Z 12-17: CSA Materials A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to specifically allow for “Manufacturing & Production” as defined in Section 316.B, of the Zoning Ordinance on the following property: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail in northeast San Angelo. Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. There were thirteen notifications sent out, with no notifications returned either in favor or in opposition of the request. Mr. Hintz reminded the Commission that an adjacent property had been zoned MH in recent months. The property encompasses a large amount of acreage within an area just annexed by the city in late 2011. While the current operation is legally nonconforming because it predates the annexation, expansion of this operation in the future would not be allowed in the current zoning. The Zoning Ordinance requires that newly-annexed property be zoned R&E until a more appropriate zoning can be analyzed. Some photos of the property and the surrounding area were shown. There was some discussion of the options, and staff reminded the Commission that they are currently looking into the area for
  • 212. amendments to relevant plans. Mr. Hintz reviewed the criteria for application.Mr. Hintz emphasized that the request is consistent with the Vision Plan for thearea. Mr. Hintz discussed the highway access in the area, though it is set backfrom the highway corridors enough as to not be easily visible. Staff recognizesthat there are some residences in this area, but the plans for this segment of thecommunity have long been consistent, and many of these uses already occur -manufacturing activity is not being introduced here, it is already in place. Theneighboring properties are predominantly vacant or industrial in nature.Chris Cornell, with CSA Materials, came forward to speak in favor of thisrequest. He stated staff had been fabulous and that they feel as well that this isalso in line with the area. The area is currently used for hot mix plant production,and outdoor storage and staging. There is occasionally some aggregate miningthat takes place.No one else came forward to speak.Bill Lawrence asked if a quarry would be allowed in this zoning district, and Mr.Hintz replied that a conditional use would be required.Motion, to approve as presented, was made by Sam Tambunga and secondedby Chris Cornell. The motion passed unanimously, 5-0.
  • 213. 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYRE: Z 12-17: CSA Materials, Inc. 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: 3560and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectivelyoccupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, morespecifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul GregoryAddition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard andM.H. Morgan Trail shall henceforth be permanently zoned as follows: Heavy Manufacturing(MH) 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:
  • 214. 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 8th day of January, 2013 and finally PASSED, APPROVED ANDADOPTED on this the 22nd day of January, 2013. 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
  • 215. City of San AngeloMemo Date: January 9, 2013 To: Mayor and Council Members From: Shane Kelton, Interim Director of Operations Subject: Agenda Item for 1-22-13 Council Meeting Contact: Shane Kelton, Operations, 657-4206 Caption: Regular Presentation and discussion of the 96 gallon cart pilot program survey results conducted by Republic Services, and any action in connection thereto: Summary: Republic Services has conducted a pilot program for automated service for residential trash collection in each single member district and has completed a survey of the customers that participated. History: Republic Services has had a pilot program in the Bentwood subdivision for several years that has been successful and extended the program in the remaining single member districts to determine if the program would be considered for a future collection alternative. The pilot program began in July of this last year and formally ran through September when the participant surveys were conducted. Republic Services has since maintained this service in the trial areas based on its perceived approval and likability by the pilot program participants. Financial Impact: None Other Information/Recommendation: None Attachments: Survey results by single member district: SMD2, SMD3, SMD4, SMD5, SMD6; Aggregate survey results; Power point presentation. Presentation: Presentation by Shane Kelton, Interim Director of Operations and Robert Searls, Municipal Services Manager for Republic Services. Publication: None Reviewed by Service Area Director: Shane Kelton, Operations, January 9, 2013
  • 216. Pilot Project Survey- Dwain Morrison / Green AcresThere were a total of 45 surveys returned in this district. 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 39 No- 4 No Answer- 2 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 5 B. Twice a week- 36 C. less than once per week- 2 No Answer- 3 3. On the first collection day, your cart is usually: A. Full- 18 B. Half-full- 17 C. Almost empty- 2 No Answer- 8 4. One the second collection day, your cart is usually: A. Full- 16 B. Half-full – 20 C. Almost empty- 3 No Answer- 6 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 7 B. $3.00 month- 7 C. $1.50 month- 20 No Answer- 11On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 36 2. 1 3. 2 4. 1 5. 2 No Answer- 3 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 39 2. 2 3. 1 4. 0 5. 0 No Answer- 3 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 15 2. 6 3. 2 4. 3 5. 17 No Answer- 3
  • 217. 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 20 2. 5 3. 10 4. 4 5. 6 No Answer- 310. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 22 2. 5 3. 11 4. 0 5. 3 No Answer- 411. Overall, are you in favor of the automated trash collection system? Yes- 35 No- 7 No Answer- 3
  • 218. Pilot Project Survey- Tres Rios / Johnny SilvasThere were a total of 36 surveys returned in this district / 16 said they mailed in survey 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 31 No- 4 No Answer- 1 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 7 B. Twice a week- 26 C. less than once per week- 2 No Answer- 1 3. On the first collection day, your cart is usually: A. Full- 13 B. Half-full- 4 C. Almost empty- 0 No Answer- 19 4. One the second collection day, your cart is usually: A. Full- 13 B. Half-full – 13 C. Almost empty- 2 No Answer- 8 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 2 B. $3.00 month- 2 C. $1.50 month- 18 No Answer- 14On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 21 2. 4 3. 2 4. 2 5. 6 No Answer- 1 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 24 2. 3 3. 0 4. 2 5. 6 No Answer- 1 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 12 2. 3 3. 4 4. 7 5. 9 No Answer- 1
  • 219. 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 15 2. 1 3. 6 4. 1 5. 12 No Answer- 110. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 17 2. 2 3. 4 4. 4 5. 6 No Answer- 311. Overall, are you in favor of the automated trash collection system? Yes- 28 No- 3 No Answer- 5
  • 220. Pilot Project Survey- Paul Ann / Fredd B. Adams IIThere were a total of 58 surveys returned in this district. 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 55 No- 3 No Answer- 0 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 12 B. Twice a week- 44 C. less than once per week- 1 No Answer- 1 3. On the first collection day, your cart is usually: A. Full- 14 B. Half-full- 13 C. Almost empty- 2 No Answer- 2 4. One the second collection day, your cart is usually: A. Full- 25 B. Half-full – 17 C. Almost empty- 2 No Answer- 14 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 6 B. $3.00 month-10 C. $1.50 month- 35 No Answer- 7On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 45 2. 7 3. 2 4. 0 5. 3 No Answer- 1 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 51 2. 2 3. 2 4. 1 5. 1 No Answer- 1 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 24 2. 5 3. 4 4. 4 5. 19 No Answer- 2
  • 221. 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 34 2. 3 3. 12 4. 3 5. 4 No Answer- 210. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 37 2. 5 3. 11 4. 1 5. 3 No Answer- 111. Overall, are you in favor of the automated trash collection system? Yes- 50 No- 7 No Answer- 1
  • 222. Pilot Plot Survey Results / Postcards (125) and Surveys (232)There were a total of 232 surveys returned -3 of them had no answers only comments and 1 answerednumber 1 only, leaving 229 total answered surveys. There were 125 total post cards returned for acombined total number of 357 (354 answered except 1; which will have 355). 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 304 No- 44 No Answer- 7 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 55 B. Twice a week- 285 C. less than once per week- 9 No Answer- 5 3. On the first collection day, your cart is usually: A. Full- 194 B. Half-full- 112 C. Almost empty- 19 No Answer- 29 4. One the second collection day, your cart is usually: A. Full- 138 B. Half-full – 142 C. Almost empty- 32 No Answer- 42 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 31 B. $3.00 month- 50 C. $1.50 month- 174 No Answer- 99On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 233 2. 41 3. 25 4. 14 5. 30 No Answer- 4 Yes- 3 No- 2 A- 1 ?- 1 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 252 2. 31 3. 24 4. 13 5. 22 No Answer- 5 Yes -4 A- 1 ?- 2
  • 223. 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 114 2. 37 3. 28 4. 31 5. 127 No Answer- 8 Yes- 2 No -4 ?- 2 B- 1 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 170 2. 25 3. 72 4. 11 5. 61 No Answer- 5 Yes- 3 No- 5 ?- 1 B- 1 10. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 171 2. 43 3. 66 4. 20 5. 37 No Answer- 9 Yes- 4 No- 2 ?- 1 B- 1 11. Overall, are you in favor of the automated trash collection system? Yes- 277 No- 66 No Answer- 11Comments: Lots of mentions of recycle bins Some love it – Some hate it Concerned about bulk items fitting into bins; would like bigger bins Concerned about loss of jobs in San Angelo Concerned about trash overflowing; would request regular pick-ups and twice a week Request more than one bin Too heavy for elderly and in the street Don’t want to have to pay more Would like them to pick up all the trash in bins and not just the bagged trash Thought survey was bias – only had answers they wanted to hear
  • 224. Pilot Project Survey- Santa Rita / Kendall HirschfeldThere were a total of 40 surveys returned in this district. 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 35 No- 4 No Answer- 1 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 6 B. Twice a week- 34 C. less than once per week- 0 No Answer- 0 3. On the first collection day, your cart is usually: A. Full- 16 B. Half-full- 21 C. Almost empty- 3 No Answer- 0 4. One the second collection day, your cart is usually: A. Full- 11 B. Half-full – 19 C. Almost empty- 4 No Answer- 6 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 5 B. $3.00 month- 3 C. $1.50 month- 29 No Answer- 3On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 27 2. 4 3. 3 4. 3 5. 3 No Answer- 0 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 31 2. 4 3. 3 4. 0 5. 2 No Answer- 0 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 11 2. 6 3. 4 4. 4 5. 15 No Answer- 0
  • 225. 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 20 2. 0 3. 10 4. 3 5. 7 No Answer- 010. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 15 2. 4 3. 12 4. 4 5. 5 No Answer- 011. Overall, are you in favor of the automated trash collection system? Yes- 32 No- 8 No Answer- 0
  • 226. Pilot Project Survey- The Bluffs / Charlotte FarmerThere were a total of 54 surveys returned in this district. 1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 51 No- 2 No Answer- 1 2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 9 B. Twice a week- 44 C. less than once per week- 0 No Answer- 1 3. On the first collection day, your cart is usually: A. Full- 32 B. Half-full- 17 C. Almost empty- 2 No Answer- 3 4. One the second collection day, your cart is usually: A. Full- 18 B. Half-full – 24 C. Almost empty- 4 No Answer- 8 5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 10 B. $3.00 month-13 C. $1.50 month- 26 No Answer- 5On a scale of 1 to 5:(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree) 6. The cart is easy to maneuver 1. 44 2. 6 3. 3 4. 0 5. 0 No Answer- 1 7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 46 2. 3 3. 3 4. 0 5. 1 No Answer- 1 8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 23 2. 6 3. 5 4. 4 5. 15 No Answer- 1
  • 227. 9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 38 2. 2 3. 11 4. 0 5. 2 No Answer- 110. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 38 2. 7 3. 4 4. 2 5. 2 No Answer- 111. Overall, are you in favor of the automated trash collection system? Yes- 50 No- 3 No Answer- 1
  • 228. City of San Angelo Parks & RecreationMemo Date: January 18, 2013 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for January 22, 2013, Council Meeting Contact: Carl White, Parks & Recreation Director, 234-1724 Caption: Regular Agenda Item Consideration of adopting the San Angelo Cultural District Planning Study (2012) and any action related thereto. Summary: Howard Taylor, Director, San Angelo Museum of Fine Arts, will present to City Council the key findings and recommendations of the newly drafted Cultural District Planning Study. His report is attached. Refer also to the draft study. The San Angelo Museum of Fine Arts led the effort to develop the study in partnership with the San Angelo Health Foundation, the Earnest and Dorthy Barrow Foundation and the City of San Angelo. History: City Council, through Resolution of Support and Memorandum of Understanding, authorized spending up to $10,000 for the study at the February 21, 2012 meeting. City Council received a briefing on the Cultural District Designation and discussed the possibility of the study at the November 17, 2009 meeting. Financial Impact: There is no financial impact for adopting the plan. Related Vision Item: N/A Other Information/ Staff recommends approval. Recommendation: Attachments: Memorandum from Howard Taylor, Director, San Angelo Museum of Fine Arts, and a copy of the proposed Cultural District Planning Study. Presentation: Verbal and PowerPoint Publication: N/A Reviewed by Rick Weise, Assistant City Manager Director: Approved by Legal: N/A
  • 229. A Report on the San Angelo Cultural District Planning Study To the City of San Angelo City CouncilPresenters: Howard Taylor-Director San Angelo Museum of Fine Arts, Art Wolf-WolfConsulting and Mimi Quintanilla of Quintanilla Schmidt Consulting. A brief ten minute narratedpower point will allow City Council to visualize the assets, challenges and aspirations inherent inthis study.In 2009 the San Angelo Museum of Fine Arts received authorization from the State of Texas andthe Texas Commission on the Arts to lead the creation of a Cultural District Initiative in SanAngelo. This was granted in a highly competitive process. The Museum received an officialresolution from the City of San Angelo and Tom Green County to proceed with this process. TheDistrict is the largest in Texas and comprises over 200 acres on the south side of the NorthConcho River adjacent to the central business district.Over several years a steering committee was formed, a number of initiatives and projects wereundertaken, and there was growing enthusiasm and support for a broader and more coordinatedeffort that would be integrated with the community’s broader visions and goals.In 2012 the City of San Angelo agreed to be a partner and provide financial support for a masterplanning process for the District. The City contributed $10,000 matching a similar amount fromthe San Angelo Museum of Fine Arts and $10,000 from the San Angelo Health Foundation andan equal amount from the Barrow Foundation and Museum. The study was led by WolfConsulting and Quintanilla Schmidt Consulting with four other independent consultants whohave strong background in the realm of community development and historic and culturalmanagement.The study has been completed and a bound copy issued to each member of City Council as wellas to the other participants. The study is similar to the now nationally famous San AngeloR/UDAT study undertaken twenty years ago. It is similar to the R/UDAT study in that it isintended to be “a plan for planning.” It is however more comprehensive and detailed and hassignificant additional supporting documentation not bound into the report but easily accessibleon-line.The report does not request nor seek any specific funding from the City of San Angelo but doesrecognize that the City is a primary asset and landowner in the District and has already mademajor investments. To go forward with the visions of the plan will require careful coordinationand input from the City and County government and supporting agencies. The report encouragesstrong interface and coordination with the broader visions and goals of the community and astronger priority in the planning process.The report recognizes the distinctions between the adjacent downtown central business districtand the Cultural District but also underscores that the two areas are a vital part of a larger andintegrated area generally referred to as the Historic City Center. The visions for the CulturalDistrict do not compete with the central business district but rather strengthen and reinforce theoverall development of this area.
  • 230. The Cultural District has a vast range of historic and cultural assets unique to almost any city inthe nation. This is hardly recognized today but with imaginative and dynamic leadership we willbe able to create one of the most exciting and compelling visitor attractions and quality of lifeamenities of any city in the state. This can play a fundamental role in the economic well-being ofour community and region.As leader and recipient of the Cultural District designation the San Angelo Museum of Fine Artswould like to publish a newspaper supplement that would include a summary of the key findingsof this planning study together with some of the visions and ideas being advanced by the variousentities. The Texas Commission on the Arts has strongly encouraged this idea. This wouldparallel a similar document published as a supplement in the Standard-Times in February of1992 of the R/UDAT study which helped to advance the significant investments and outcomesthat followed.Howard Taylor, Director, San Angelo Museum of Fine ArtsJanuary 8, 2013
  • 231. San Angelo Cultural District Planning Study In Association With Quintanilla Schmidt Consulting May 2012
  • 232. San Angelo Cultural District Planning Study TABLE OF CONTENTSEXECUTIVE SUMMARY 4INTRODUCTION 7 Background Figure 1 – San Angelo Cultural District 8 Cultural Districts in Texas 9 San Angelo Cultural District Planning Study 9ASSESSMENTS 10 Cultural District Assets 10 Nationally Recognized Organizations and Properties State/Regional/Locally Recognized Properties Figure 2 – Old Town Historic District 13 Figure 3 – Additional Suggested Historic Districts 14 Investments by the City and San Angelo Health Foundation Private Investment in the Cultural District Other Organizations with Interest or Plans for the Cultural District Cultural District Liabilities 16 Opportunities for the Cultural District 17 Threats to the Cultural District 18OBSERVATIONS AND RECOMMENDATIONS 19 City Participation and Support 19 Historic City Center Cultural District Compatibility with Existing City Plans Commitments Needed for the Success of the Cultural District Fort Concho National Historic Landmark San Angelo Nature Center Bill Aylor Sr. Memorial RiverStage North Concho River Improvement Project San Angelo Health Foundation Participation and Support 23 Outright Grants Matching Grants/Cost Sharing Property Acquisition Property Donation or Development Meeting Space WOLF Consulting with Quintanilla Schmidt Consulting 2
  • 233. San Angelo Cultural District Planning Study Cultural District Leadership and Coordination 24 Cultural District Organization Coordination of Cultural District Planning and Marketing Efforts Structure of Cultural District Long-term Governance Organizational Assessments and Capacity Building 27 Collection, Preservation, and Interpretation of San Angelo History 27 Fort Concho Santa Fe Depot/Railway Museum of San Angelo Barrow Foundation Regional History Interpretation History San Angelo Potential for Shared Resources The Most Important First Steps 30 Cultural District Organization Access/Wayfinding/Public Transportation Safety Issues Community Development A Multitude of Ideas for the Future 31TIMELINE FOR DEVELOPMENT 32 Time and Effort ~ Effort Over Time Suggested Short Term Goals (One to Three Years) Mid Term Goals (Four to Six Years) Long Term Goals (Seven to Ten Years and Beyond)CONCLUSIONS 33Appendix I – Consultant Biographies 34Appendix II – Stakeholders 36Appendix lll – Web Links 38 WOLF Consulting with Quintanilla Schmidt Consulting 3
  • 234. San Angelo Cultural District Planning Study EXECUTIVE SUMMARY• The San Angelo Historic City Center Cultural District was endorsed by the City of San Angelo and Tom Green County and designated by the Texas Arts Commission in 2009. Currently 200 acres on the south side of the North Concho River comprise the Cultural District.• The current Cultural District Study was commissioned by the San Angelo Museum of Fine Arts, City of San Angelo, the Health Foundation, and the Barrow Foundation as a “plan for planning” similar to the 1992 Regional Urban Design Assistance Team (R/UDAT) report that led to the revitalization of the Downtown District and numerous improvements on both sides of the North Concho River.• The Steering Committee engaged WOLF Consulting of Las Vegas, NV and Quintanilla-Schmidt Consulting of San Antonio to lead the study and coordinate the efforts of four other independently contracted consultants. The team made an intensive site visit to San Angelo March 4-7, 2012, touring the District and meeting with more than fifty institutional, government and neighborhood stakeholders in group and individual interviews.• The team assessed the Assets, Liabilities, Threats to and Opportunities for the Cultural District, and have summarized the findings in this report along with Observations and Recommendations, a Timeline for Development, and Conclusions.• The cultural and community assets of the Cultural District are exceptional for the location, size and relative isolation of San Angelo. These include organizations, neighborhoods, and properties that are recognized as important on the national, state/regional and local levels, as well as significant investments in historic preservation, capital improvements and land acquisition by the City of San Angelo, the Health Foundation, and the San Angelo Museum of Fine Arts. Fort Concho National Historic Landmark and the San Angelo Museum of Fine Arts are both nationally recognized institutions while individual buildings and neighborhoods are recognized as historically important to San Angelo’s history.• The core of the Cultural District is the old Southside Commercial District, which contains abandoned buildings and warehouses, empty lots, and unattractive streetscapes between Irving and Oakes Streets and between the River and Washington Drive. The team recognizes their strong character and potential for adaptive reuse through public/private investment, historic preservation/restoration, and development of new business and residential opportunities.• Serious current liabilities include lack of proper wayfinding to and within the Cultural District, lack of safe pedestrian access, the need to curtail speeding in the north/south corridors, the lack of overnight lodging and retail, the need for repair of the Oakes Street Bridge, creation of neighborhood associations or alliances, and more focused marketing of the assets within the District. WOLF Consulting with Quintanilla Schmidt Consulting 4
  • 235. San Angelo Cultural District Planning Study• The character of the Cultural District varies from the Downtown District in that its core is owned or operated primarily by the City of San Angelo, or non-profit organizations, with the remaining property being primarily residential, while the adjacent Downtown District houses banks, churches, a hospital, government and law offices and other institutional headquarters as well as a variety of retail activities.• As the development of the Cultural District crystallizes, there are numerous opportunities to focus existing organizations and neighborhoods on an overall vision for the Cultural District.• There are a number of threats to the Cultural District including spreading blight, competition for funding of other projects in San Angelo, tax increases with a rise in property values, need for a common vision, undercapitalized organizations, overbuilding of the River corridor, and a need for succession planning for several anchor institutions.• The participation of the City Planning, Parks, Recreation, City Events and Fort Concho divisions as well as the San Angelo Development Corporation will be key to advancing plans for the Cultural District, as will City Council support for development incentives and capital budget requests going forward.• We suggest that the Downtown District and Cultural District be presented as two distinct but integral parts of the Historic City Center.• All of the Goals and most of the Action Steps outlined in the City of San Angelo Strategic Plan Update to the Comprehensive Plan are applicable to the Cultural District. The Guiding Principles for Implementation of the Strategic Plan are also directly applicable to the Cultural District.• The San Angelo Historic Preservation Action Plan, adopted by the City in 2008, was endorsed by the Texas Historical Commission as a Visionaries in Preservation Community (VIP). Almost all of the elements of the VIP Plan resonate with the future developmental goals of the Cultural District.• A number of City of San Angelo commitments will need to be made over the next decade or more in order to realize full development of the organizations and attractions, properties and businesses, and neighborhoods in the Cultural District.• There are many ways in which the San Angelo Health Foundation could choose to assist in the further development of the Cultural District, depending on the opportunities presented, the timing of projects, and the priorities set by the Foundation Board of Trustees.• Moving forward, the task of the Cultural Steering Committee is to guide the initial planning and governance discussions leading to inclusion of neighborhood residents, property and business owners, and other stakeholders in the development of short-, mid- and long-terms plans for the Cultural District. WOLF Consulting with Quintanilla Schmidt Consulting 5
  • 236. San Angelo Cultural District Planning Study• The complete history of San Angelo is not being told at present, but it could be with a concerted community effort. It is time for all interested parties to come together to form a non-profit corporation for the collecting, stewardship, and interpretation of the entire history of San Angelo and the surrounding area. We propose that the new entity be called History San Angelo and suggest that the Steering Committee for the Cultural District facilitate the discussion of History San Angelo through its planning process and conversations between the City and interested parties.• Important first steps in the development of the Cultural District include organization and planning, access/wayfinding/public transportation and safety issues, and community development efforts.• The San Angelo Cultural District has many existing, emerging, and potential assets that will serve as both platforms and drivers to provide the resources and conditions for successful outcomes over time.• Many variables will affect the pace of development for the Cultural District, including: strength and clarity of the Cultural District plans and organization, levels of funding/cooperation/collaboration provided by the City of San Angelo and the many stakeholders and resource providers, the strength, viability and creativity of the existing and potential cultural organizations and businesses, continuing interest by property owners, neighbors, artists, and business investors, annual and periodic review and evaluation of progress towards goals, and the Vision, passion and commitment from all stakeholders.• Short-term (One to Three Years), Mid-term (Four to Six Years), and Long-term (Seven to Ten Years) Goals will be most important to the development of the Cultural District.• The San Angelo Cultural District contains within it all of the initial assets and resources needed to begin the pursuit of its long term goals. Support and encouragement by the City of San Angelo and local, regional and national funding sources, matched with the enthusiastic involvement of the community and Steering Committee will allow the goals to be achieved in the next decade.• The San Angelo Cultural District has the potential to be one of the best if not “the” best in Texas. WOLF Consulting with Quintanilla Schmidt Consulting 6
  • 237. San Angelo Cultural District Planning Study INTRODUCTIONBackgroundSan Angelo has a storied place in West Texas history as the site of the important frontieroutpost Fort Concho on the banks of the North Concho River and as an agricultural,transportation and military hub for the region. The community has grown and developedfor over 140 years and rightfully exhibits pride in its people, businesses, educationalfacilities and cultural assets.An important turning point for San Angelo occurred in 1992, when a Regional UrbanDesign Assistance Team (R/UDAT) of the American Institute of Architects visited toconduct public forums and conversations with hundreds of community stakeholders andsponsors. The report that followed was a “plan for planning” and suggested ways in whichthe Historic City Center could be revitalized and redeveloped. The focus was on an areathat encompassed the core area of the original city on both sides of the river. Numerousprojects in the Cultural District study area were initiated as an outcome of R/UDATincluding the construction of the Paseo de Santa Angela, the restoration of the historicDepot and warehouse, the Celebration Bridge and several major projects of restoration atFort Concho.Over twenty years the R/UDAT report was the impetus for initiation of processes,resources, guidelines and incentives that have successfully increased the connectivity,density, viability, and livability of the Downtown area and resulted in approximately $70Min reinvestment for historic preservation, new construction, improved infrastructure andthe establishment of businesses. City of San Angelo Comprehensive and Strategic Planssuggested initially by R/UDAT now provide guidelines for future development. The reportincluded discussion of the neighborhoods on the South side of the Concho River as well,including Fort Concho and other historic properties such as the WPA Swimming Pool andthe Kansas City Orient and Mexico Railroad Depot. Since then funds were allocated for thedevelopment of a Visitor Center in Barracks 1 at Fort Concho and the purchase andrenovation of the Depot. The City of San Angelo is the largest property owner in thedistrict, including Fort Concho and its grounds, the Farmer’s Market and Paseo de SantaAngela Pavilions, Depot and Warehouses, the Senior Center, River Stage and otherproperties. The Health Foundation of San Angelo has also purchased significant tracts ofland along the Concho River, and helped to fund the important new Visitor’s Center onthe Western edge of the district that includes the Convention and Visitor’s Bureau.In 2009, under the leadership of the San Angelo Museum of Fine Arts (SAMFA) and a largeSteering Committee of City and Community stakeholders, a proposal was developed toseek Cultural District designation from the Texas Commission on the Arts. The proposalwas endorsed by both the City of San Angelo and Tom Green County, and was granted asthe San Angelo Historic City Center Cultural District that same year. Although initiallyplanned to include roughly 100 acres, it was later doubled to include two nearbyresidential neighborhoods (Figure 1). This was done at the request of the San AngeloHealth Foundation with the approval of the Texas Commission on the Arts. WOLF Consulting with Quintanilla Schmidt Consulting 7
  • 238. San Angelo Cultural District Planning StudyIn early 2012, a consortium of funders associated with the district, including SAMFA, theCity of San Angelo through Fort Concho, the Health Foundation, and the BarrowFoundation, commissioned this planning study for the Cultural District. This study for theCultural District should also be viewed as a “plan for planning” which addresses the broadissues and should be a springboard for follow-up detailed project and strategic plans.Figure 1.San Angelo Cultural District WOLF Consulting with Quintanilla Schmidt Consulting 8
  • 239. San Angelo Cultural District Planning StudyCultural Districts in TexasRecognizing that arts and culture are complementary to business and tourismdevelopment, the Texas Legislature authorized the Texas Commission on the Arts todesignate Cultural Districts in cities across Texas. A cultural district is “a well-recognized,labeled, mixed-use area of a community in which a high concentration of cultural facilitiesserves as the anchor of attraction.” Cultural districts boost urban revitalization in manyways, by beautifying and animating cities, providing employment, attracting residents andtourists to the community, complementing adjacent businesses, enhancing propertyvalues, expanding the tax base, attracting well-educated employees and visitors, andcontributing to a creative, innovative environment and better quality of life for localresidents. Each district reflects the community’s unique environment, history, land use,and growth and cultural development. There are currently 16 designated cultural districtsin Texas, including San Angelo, Abilene, Lubbock, and Alpine in West Texas.San Angelo Cultural District Planning StudyThe Steering Committee for the San Angelo Cultural District engaged WOLF Consulting ofLas Vegas, NV, in association with Quintanilla Schmidt Consulting of San Antonio, to leadthe Planning Study and coordinate the efforts of four independently contractedconsultants with strong knowledge of cultural affairs in Texas and expertise in artsdevelopment, city management, historic preservation, and museums. Arthur H. Wolf ofWOLF Consulting joined Mimi Quintanilla of Quintanilla Schmidt Consulting, PhillipCollins (former Chief Curator at the African American Museum in Dallas, Texas), DouglasHarman of Harman Consulting (former City Manager and Director of the Convention andVisitor’s Bureau, Fort Worth), and Calvin Smith (former Chair of the Museum StudiesDepartment and Baylor University professor) for an intense site visit in San Angelo March4 -7, 2012. Gary Smith, President/Executive Director of Dallas Heritage Village, conducteda visit on April 10 - 11, 2012, for the express purposes of assessing the collections of theBarrow Foundation Museum and Fort Concho. (short bios in Appendix I). The team wasprovided with stakeholder backgrounds, issues, ideas, and goals before the site visit. Theteam toured the Cultural District by trolley and visited the Depot, artist’s studios, FortConcho, the SAMFA and other facilities. We met with over 50 institutional, governmentaland neighborhood stakeholders in group and individual interviews at Fort Concho andSAMFA (Appendix II), dined with additional stakeholders and patrons at SAMFA and MissHattie’s, made a brief presentation to the City Council, toured the city including the NorthConcho River Development Project, Nature Center and Visitor’s Center, and conductedexit interviews with members of the Steering Committee before leaving town. Meetingnotes, additional correspondence and consultant reports followed, and we havebenefitted from links to City planning documents. The team was impressed by theuniform enthusiasm for the further development of the Cultural District shown to us by allstakeholders. The staff