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July 16, 2013 Agenda packet

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  • 1. City Council Agenda Page 1 of 5 July 16, 2013 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, July 16, 2013 McNease Convention Center, South Meeting Room 500 Rio Concho Drive San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, 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. every day 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 C. Proclamation “Americans with Disabilities Act (ADA) Awareness Day”, July 25, 2013, to be accepted by Mary Palos and Rosalinda Rivera with Disability Connections Resource Center D. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. II. CONSENT AGENDA 1. Consideration of approving the June 25, 2013 City Council Special meeting minutes and July 2, 2013 City Council Regular meeting minutes 2. Consideration of approving new lake lot residential lease located at Lot 58A, Group Shady Point, 1602 Shady Point Circle (Steely) and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same (submitted by Ricky Dickson Water Utilities Director) 3. Consideration of adopting 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 or Tax Warrant: a. 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B b. 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723- B
  • 2. City Council Agenda Page 2 of 5 July 16, 2013 III. 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 under the following sections: • Section 551.071(1) to consult with attorney regarding Red Arroyo and West Texas Water Partnership • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo • Section 551.074(1) to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of the San Angelo City Manager, Assistant City Managers, all the Department Directors, and Acting or Interim Department Directors G. PUBLIC HEARING AND COMMENT 4. Consideration of approving an amendment to the Vision Plan Component of the San Angelo Comprehensive Plan Update adopted in 2009, specifically properties located between 43rd Street to the North, Coliseum Drive to the East, 40th Street to the South and Grape Creek Road and Chadbourne Street to the West, in Northwestern San Angelo (Presentation by Interim Senior Planner Jeff Hintz) 5. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS- 1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Senior Planner Jeff Hintz) 6. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 13-21: Clark Wilson 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: 3704, 3712, & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive, and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning
  • 3. City Council Agenda Page 3 of 5 July 16, 2013 classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Interim Director of Development Services AJ Fawver) 7. First Public Hearing and consideration of introducing an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two (Presentation by Interim Director of Development Services AJ Fawver) 8. Consideration of adopting a Resolution recommending to the Texas Department of Transportation that Concho Valley Transit District (CVTD) be chosen as the direct recipient for federal funds in accordance with Title 49, Subtitle III, Chapter 53, Section 5307 of the United States Code, for the San Angelo urbanized area; authorizing the City Manager to execute any documents required to evidence the City’s support of CVTD as the direct recipient for Federal Section 5307 Funding; and, providing for an effective date (Presentation by Finance Director Tina Bunnell) 9. Public Hearing and consideration of approving the 2013 Annual Action Plan for use of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds and authorizing City Manager to execute the applications, required certifications, related documents, and annual funding agreements for $739,584.00 of CDBG funds and $245,399.00 of HOME grant funds (Presentation by Neighborhood and Family Services Director Bob Salas) 10. Consideration of approving a request for permit for the transport and disposal of garbage, trash, and debris within the San Angelo city limits and any service that is allowed by state law or city ordinance that does not conflict with the City’s contract with Republic Waste Services of Texas and the exclusive rights granted by that contract to Republic Waste Services of Texas for the following companies and authorizing the City Manager to execute any necessary related documents: a. Texas Disposal Systems, Inc. b. TxAlloy, Inc. DBA Acme Iron & Metal Co. (Presentation by Operations Director Shane Kelton) 11. Presentation on the North Concho River and Trails Improvement Project (Presentation by Carl White, Parks & Recreation Director) 12. Discussion and possible action concerning further employment of Carollo Engineers (Requested by Councilmember Wardlaw) 13. Discussion and possible action concerning the employment of a new water consultant for the Hickory Project and other water matters (Requested by Councilmember Wardlaw) 14. First public hearing and consideration of introducing an Ordinance amending the Water Conservation and Drought Contingency Plan AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE-DROUGHT LEVEL I”, OF SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO
  • 4. City Council Agenda Page 4 of 5 July 16, 2013 LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Ricky Dickson) 15. Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month (Presentation by Water Utilities Director Ricky Dickson) 16. Discussion and update on the progress and cost to date on the Hickory Aquifer Water Supply Project including, but not limited to, contracts for construction and engineering (Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson) 17. Consideration of awarding Water Utility Bid WU-10-13, Groundwater Treatment Facility and Miscellaneous Improvement Projects for the Hickory Aquifer Water Supply Project to PCL Construction, Inc. (Irving, TX) in the amount of $27,132,193.00, authorizing the City Manager to execute said contract, in substantially the attached form, and related documents (Requested by Mayor Morrison and presentation by Water Utilities Director Ricky Dickson) 18. Consideration of adopting a Resolution of the City of San Angelo City Council awarding RFB No. ES-01-13 “Engineering Services Avenue P Street & Drainage Improvement Project” to Reece Albert, Inc., and authorizing the City Manager to negotiate and execute an agreement for construction of Avenue P Street & Drainage Remediation Project between the City of San Angelo and Reece Albert, Inc. in accordance with said bid award, in substantially the attached form, said agreement being subject to rescission on December 31, 2013 should the necessary right-of-way and necessary easements not be acquired by City before December 31, 2013, as provided for under such agreement (Presentation by Interim City Engineer Tim Wolff) 19. Consideration of adopting a Resolution authorizing the acquisition of a permanent drainage utility easement and temporary construction easement across certain real property east of S. Chadbourne Street at Avenue “P” required for the Avenue “P” Street & Drainage Improvement Project; and authorizing the City Manager to execute all contracts and other legal instruments necessary or convenient to acquire said easements; finding a public use and benefit therefore; and authorizing initiation of eminent domain proceedings pursuant to law if necessary to acquire the property for said easements (Presentation by Interim City Engineer Tim Wolff) 20. Discussion and possible action regarding the fiscal year 2013-2014 budget preparation (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Trainer) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 22. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Civic Events Boards: Mikala Brownfield (SMD4) to an unexpired term October 2014 b. Planning Commission: Sammy Farmer (SMD4) to an unexpired term January 2015 23. Consideration of nominating and approving two City Council members to serve on the Investment Oversight Committee
  • 5. City Council Agenda Page 5 of 5 July 16, 2013 24. Announcements and consideration of Future Agenda Items Consideration of conducting an evening meeting of the City Council once per quarter 25. Adjournment The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, July 12, 2013, at 5:00 P.M. /x/________________________ Alicia Ramirez, City Clerk
  • 6. P R O C L A M A T I O N WHEREAS, On July 26, 1990, President George H. Bush signed into law the Americans with Disabilities Act (ADA) to ensure the civil rights of people with disabilities establishing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; and WHEREAS, The ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing perceptions, increasing full participation in community life; however, the full promise of the ADA will only be reached if public entities remain committed in their efforts to fully implement the ADA; and WHEREAS, On the 23rd anniversary of the Americans with Disabilities Act, we the City of San Angelo celebrate and recognize the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance. NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby reaffirm our commitment to work toward full ADA compliance in the City of San Angelo and proclaim July 25, 2013 as ADA Awareness Day In San Angelo, Texas, and urge all citizens to support this committed effort. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 19th day of July, 2013. THE CITY OF SAN ANGELO ___________________________ Dwain Morrison, Mayor
  • 7. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, June 25, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a special meeting at 9:07 A.M., Tuesday, June 25, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer were present and acting, with the exception of Councilmember Farmer, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by and pledge was led by Mayor New. REGULAR AGENDA: PUBLIC HEARING AND COMMENT ADOPTION OF A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION ON JUNE 15, 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, CANVASSING RETURNS OF A RUNOFF ELECTION HELD IN SAID CITY ON THE 15TH DAY OF JUNE, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS TO FILL VACANCIES FOR UNEXPIRED TERMS FOR SINGLE MEMBER DISTRICT 1 AND SINGLE MEMBER DISTRICT 5; DECLARING RESULTS OF THE RUNOFF ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE City Clerk Alicia Ramirez presented background information. Mayor New read the results of the election into the record. It is determined that the following candidates received a majority of the votes for the office for which they were candidates: Dwain Morrison, Mayor, Rodney Fleming, Councilmember, Single Member District 1; and, H.R. “Winkie” Wardlaw, Councilmember, Single Member District 5; therefore, have been elected. May I have a motion to accept the findings and adopt the resolution? Motion, to adopt the Resolution to accept the findings, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously. ADMINISTRATION OF OATHS OF OFFICE FOR MAYOR AND SINGLE MEMBER DISTRICT REPRESENTATIVES 1 AND 5, AND PRESENTATION OF CERTIFICATES OF ELECTION City Clerk Alicia Ramirez administered the oaths and Mayor New presented the Certificates of Election. INTRODUCTION OF SPECIAL GUESTS Newly elected City Council members introduced their special guest and thanked their supports.
  • 8. Page 394 Minutes Vol. 104 Date, 2013 ADJOURNMENT Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. The meeting adjourned at 9:47 A.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)
  • 9. CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, July 2, 2013 Vol. 104 OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, July 2, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit: Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer were present and acting, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by Mayor Morrison and pledge was led by Karli Bucks, daughter of Jamie Bucks of the Finance Department. PROCLAMATION AND RECOGNITIONS “Texas Hunger Initiative – Kids Eat Program”, Monday, July 8th , was accepted by Mary Herbert, Regional Director, Texas Hunger Initiative and Betty Teston, Child Hunger Outreach Specialist, Texas Hunger Initiative, of the San Angelo Office Whataburger Restaurant at 4646 Knickerbocker Road, was accepted by Eleanor Hooten and Anna Meza, Managers City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City for their continued progress towards achieving financial transparency, to be accepted by Morgan Chegwidden, Budget Manager, Laura Brooks, Senior Budget Analyst, and Bill Smith, Chief Accountant PUBLIC COMMENT Public comments were made by the following: Glenda Harbert and Jerry Sea representatives of West Texas Opportunity Strategy; Jan Bartlett representing Joe Bennett regarding the renewal process of the Lake Nasworthy properties; Ann West on behalf of the Friends of Fairmount organization regarding the funding of the Master Plan Phase I; and Ann Joseph regarding safety issues on North and South bound Bryant particularly Loop 306, suggested adding directional signage on North and South bound Bryant particularly at the commercial establishments, and policing of the oil industry water usage. Responding to Ms. Bartlett, Councilmember Farmer informed Council and staff are aware of the issue and are working on a solution. Councilmember Farmer apologized to the Christian Reporter News blog representatives noting the news source had been dropped from the City’s news update email to City Council. She also offered her condolences to the recent loss of firefighters in Arizona. Councilmember Silvas commented on the condition and maintenance of the North Concho River Rehabilitation project staging area. Councilmember Farmer commented on various items on the agenda.
  • 10. Page 394 Minutes Vol. 104 July 2, 2013 Councilmember Wardlaw commented on requested items not being placed on the agenda and subject matters pertaining to executive/closed session. He read an Attorney General opinion MW129 into the record. CONSENT AGENDA APPROVAL OF THE JUNE 18, 2013 CITY COUNCIL REGULAR MEETING MINUTES CONSIDERATION OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED DOCUMENTS CONSIDERATION OF AWARDING BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND SPARE PARTS TO MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON LOWEST UNIT BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM AUTHORIZATION FOR THE SALE OF 6630 KNICKERBOCKER ROAD (MARTINEZ) FOR THE APPRAISED VALUE OF $21,612.00 AND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTY, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS (SUBMITTED BY WATER UTILITIES DIRECTOR RICKY DICKSON) AUTHORIZATION FOR THE PAYMENT IN THE AMOUNT OF $63,646.00 TO MIDWEST EMPLOYERS CASUALTY COMPANY FOR EXCESS WORKERS COMPENSATION DEPOSIT PREMIUM FOR POLICY YEAR 7/1/13-7/1/14 (SUBMITTED BY RISK MANAGER JOHN SEATON) ADOPTION OF 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 OR TAX WARRANT: (SUBMITTED BY REAL ESTATE ADMINISTRATOR CINDY PREAS) • 213 W Avenue R, (Perez), Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho, $750, Suit No. TAX90-0162B • 1916 Shelton, (Orona), S ½ of Lot 12, Block 3, Home Acres, $2,500, Suit No. B-00-0043-T CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT Motion, to approve the Consent Agenda, with the exception of 2, 3, and 7, as presented, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously. REGULAR AGENDA: PUBLIC HEARING AND COMMENT POSTPONEMENT OF AWARDING BID WU-06-13 FOR THE 2013 WATER LINE IMPROVEMENTS CONTRACT NO. 1 TO QRO MEX CONSTRUCTION COMPANY, INC. OF GRANITE SHOALS, TEXAS IN THE AMOUNT OF $1,344,648.00, AND AUTHORIZATION FOR THE CITY MANAGER TO
  • 11. Minutes Page 395 July 2, 2013 Vol. 104 EXECUTE SAID CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY RELATED DOCUMENTS Water Utilities Director Ricky Dickson presented background information. Councilmember Farmer commented on the summary information related to family members, particularly specific companies submitting bids on the project. Responding to a question by Councilmembers Vardeman and Silvas, Purchasing Manager Roger Banks explained the local bidder preference and state purchasing restrictions noting contracts under $100K receive local preference, and noted the project is in the Capital Improvement Program. City Attorney Lysia H. Bowling concurred with Mr. Banks and explained the state statute. In conclusion, City Council members request staff to research the probability of utilizing local preference on the bids submitted for the project. Motion, to postpone approval of the contract allowing staff further time to review and present requested information, was made by Councilmember Vardeman and seconded by Councilmember Farmer. Motion carried unanimously. AWARD OF BID WU-05-13 WATER UTILITIES GRINDER PUMPS AND SPARE PARTS TO MORRISON SUPPLY COMPANY AND SMITH PUMP COMPANY, INC. BASED ON LOWEST UNIT BID IN COMPLIANCE WITH THE BID REQUIREMENTS FOR EACH SPECIFIC ITEM Water Utilities Director Ricky Dickson presented background information. Motion, to award the bid and not to exceed $12,396.00 for the total purchase, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously. RECESS At 10:07 A.M., Mayor Morrison called a recess. RECONVENE At 10:34 A.M., Council reconvened, and the following business was transacted: PRESENTATION OF THE DOWNTOWN SAN ANGELO, INC., 1ST QUARTER REPORT DSA Executive Director Del Velasquez presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mr. Velasquez distributed the 2013 Summer Events brochure. A copy of the report is part of the Permanent Supplemental Record. General discussion was held on temporary structures within the downtown area, zoning classification and type of use for temporary structures, and possibly extending the area. DISCUSSION AND POSSIBLE ACTION REGARDING THE FISCAL YEAR 2013-2014 BUDGET PREPARATION Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the need to hold work sessions on the budget process.
  • 12. Page 396 Minutes Vol. 104 July 2, 2013 Council suggested holding a budget workshop on July 16, 2013 at 1:00 p.m. which will be scheduled with the regular meeting. Further determination will be made whether to hold a special meeting on July 23, 2013. DISCUSSION AND POSSIBLE ACTION REGARDING EXCESS HOTEL OCCUPANCY TAX RECEIPTS Assistant City Manager/Chief Financial Officer Michael Dane and Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the possible revenue for FY 13, projects eligible for the funds, and the law that outlines the use of the funds and options available to City Council, leveraging city dollars for particular projects, and establishing a savings. Public comments were made by Citizen Jim Turner regarding hotel stays beyond 30 days. DIRECTION FOR STAFF TO SEEK SPONSORSHIPS FOR THE EVENT AND DENIAL TO ALLOCATE $30,000.00 OF HOTEL OCCUPANCY TAX REVENUES TO A CITY EVENT ACCOUNT AND THE CREATION OF REVENUE AND EXPENDITURE ACCOUNTS FOR CITY EVENTS, PRIMARILY “RIVER FEST” Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the potential revenue stream, loan versus a “giveaway”, sponsorship by the City versus the Chamber, and obtaining sponsorships for the event. In conclusion, the City Council opposed the City’s sponsorship and suggested the City obtain corporate sponsorships. Public comments were made by Louis Perez, Chairman for Parks and Recreation Advisory Commission in support of the event, and Del Velasquez, Executive Director for Downtown San Angelo, Inc. Motion, to approve the allocation, as presented, was made by Councilmember Silvas. Motion failed for lack of a second. Motion, to direct staff to seek sponsorships to cover expense for the event and denial of the allocation request, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carries unanimously. UPDATE AND PRESENTATION ON HICKORY AQUIFER WATER SUPPLY PROJECT Requested by Councilmember Farmer, Water Utilities Director Ricky Dickson presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record. Motion, to postpone the item and direct staff to provide a report containing project cost as presented in the bid packet as to what has been actually spent to-date, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. DISCUSSION OF DROUGHT LEVELS AND RELATED MATTERS AS OUTLINED IN THE WATER CONSERVATION DROUGHT CONTINGENCY PLAN Water Utilities Director Ricky Dickson presented background information. General discussion was held on the trigger points to enact a particular drought stage, whether to increase or adjust the trigger points at all the drought levels, the unintended consequences of the ordinance and ordinance amendments on businesses, adding allowances or exceptions to the ordinance, the number of citizens who abused their water usage, the city’s water use in comparison to previous years, the positive impact of citizen’s conservation efforts, the negative effects on property foundations due to the drought conditions, and the negative effects of implementing restrictions in August versus September. In conclusion, the following suggestions were made: amend Drought Stage Level I to watering once per week instead of twice a week; impost higher rates for users with higher water consumption
  • 13. Minutes Page 397 July 2, 2013 Vol. 104 Council requested staff present a list of residential users that utilize 50K or more of total water consumption, including water sprinkler meters totals. General discussion was held on the City’s usage today in comparison to 10 years ago and the negative effects on revenue. Mayor Morrison caution as further restrictions are made, Council needs to be made aware of the use of local aquifers. Public comments were made by Citizens Ann Joseph, Jamie Lee Tabor, Jerry Sea, Councilmember Farmer commented on the conservation efforts made by John Begnaud and recommend staff increase the City’s efforts during the summer months on the government access channel and other mediums. RECESS At 12:15 P.M., Mayor Morrison called a recess. RECONVENE At 12:32 P.M., Council reconvened, and the following business was transacted: EXECUTIVE/CLOSED SESSION At 12:32 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter RECESS At 12:48 A.M., Mayor New called a recess. RECONVENE At 1:31 P.M., Council reconvened, with the exception of Councilmember Wardlaw, and the following business was transacted: UPDATE AND PRESENTATION ON MEDHAB, LLC, ECONOMIC INCENTIVE PROJECT Requested by Councilmember Silvas, Assistant City Manager/Chief Financial Officer Michael Dane presented background information. Councilmember Wardlaw arrived to the meeting at 1:32 p.m. Councilmember Silvas clarified the request originated from interested taxpayers. Councilmember Farmer suggested possibly reducing the amount of the incentive and directed staff to prepare an itemization or executive summary of the project for their Friday packet. Mr. Dane commented on the concept of achieving the terms of the contract. Councilmember Farmer commented on the lack of companies requesting incentives. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Board: Darlene Jones (SMD5) to an unexpired term October 2014
  • 14. Page 398 Minutes Vol. 104 July 2, 2013 Motion, to approve the board nomination by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Self. Development Corporation: Tommy Hiebert (SMD2) to an unexpired term February 2015 and Richard Crisp (SMD5) to an unexpired term February 2015 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Self. AYE: Morrison, Fleming, Self, Silvas, Vardeman, and Wardlaw. NAY: Farmer. Motion carried 6-1. Planning Commission: Teri Jackson (SMD5) to an unexpired term January 2016 Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Vardeman and seconded by Councilmember Silvas. Motion carried unanimously. Public comment was made by Citizen John Bariou requested the board appointment items be reconsidered due to the appointment process and how the vacancy was created. He suggested the action on the appointment be taken separate and apart. City Attorney Lysia H. Bowling explained the uniform policy adopted in 2012 by City Council. Assistant City Manager/Chief Financial Officer Michael Dane further clarified the policy. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS City Manager Daniel Valenzuela distributed the proposed July 16, 2013 Agenda and solicited Council comments and suggestions. ADJOURNMENT Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously. The meeting adjourned at 2:11 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)
  • 15. 1 LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Ave., San Angelo, Tom Green County, Texas 76903, and Robert and Julie Steely, husband and wife, whose address is 1602 Shady Point Circle, San Angelo, Texas 76904, ("Lessee"). I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas: Lot 58A, Group Shady Point, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 1602 Shady Point Circle). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE 2.1 This lease is granted for a period of forty (40) years having an effective date beginning July 1, 2013 and ending June 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2014 Through 2017 $551.00 For the Years 2018 Through 2052 Market Value *
  • 16. 2 * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease. DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein. HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor. TAXES 3.2 It is further understood and agreed that Lessee shall pay 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 and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee 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 Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein may be deemed a default at the option of Lessor. WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area.
  • 17. 3 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies. IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessor's building code. e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. f. No structure shall be constructed closer than five (5) feet to any property line.
  • 18. 4 g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director. h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pump houses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable. i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks. j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit. k. Lessee may request from the Council a variance or deviation from any term or condition contained herein. l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements may be deemd a default at the option of Lessor. RESERVATIONS AND EASEMENTS 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY
  • 19. 5 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself. NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY 7.1 LESSOR GIVES 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. AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEE'S DUTY TO REPAIR AND MAINTAIN
  • 20. 6 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full. DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES 9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay
  • 21. 7 Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease. X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease. XIII. DEFAULT AND REMEDIES DEFAULT
  • 22. 8 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security. (b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor. POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
  • 23. 9 OTHER REMEDIES 13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor 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 Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor 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 Lessor 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. (b) The remedies provided herein shall not be exclusive of other remedies. A failure by the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right to take action on any subsequent violation. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE 14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND 14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns. HEADINGS 14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease. ENTIRE AGREEMENT/AMENDMENTS 14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of
  • 24. 10 Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties. VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY 14.7 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. INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES 14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments. NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below: LESSEE: Robert and Julie Steely 1602 Shady Point Circle San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903 [SIGNATURE PAGE TO FOLLOW]
  • 25. 11 EXECUTED in duplicate originals on the _____day of _____________________, 2012 by: LESSEE Robert Steely Julie Steely STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 2013 by Robert and Julie Steely. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: RICKY DICKSON Water Utilities Department STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of ________________, 20____, by Ricky Dickson, Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
  • 26. City of San Angelo Memo Date: June 21, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Consent Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of approving new lake lot residential lease with the following Lessee and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same: Robert and Julie Steely, Lot 58A, Group Shady Point, 1602 Shady Point Circle Summary: Lessee requests a new 40 year lease necessary for financing purposes. Per Section 6.100(3)(B) Rent Escalation When New Lease is Required Before Termination, annual rent will be adjusted based on the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. Current Lease states annual rent will be adjusted to appraised market value of land multiplied by a factor of 0.08 on June 30, 2018. History: Lessee is in good standing as to all lease obligations. Financial Impact: Current Yearly Lease Fee $459.00 Current Lease expires: June 30, 2044 New Lease Fees: 2014-2017 $551.00 2018-2052 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 21, 2013. Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, July 9, 2013
  • 27. Adopted: 5/30/03 Revised: 6/21/10 City of San Angelo Memo Date: June 14, 2013 To: Mayor and Councilmembers From: Cindy M. Preas, Real Estate Administrator (657-4407) Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Diana Farris, Property Specialist (657-4407) Caption: Consent Item Consideration of adopting 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 or Tax Warrant: a) 329 13th Street, (Perez), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B b) 105 Railroad Avenue, (Perez), Lot 9, Salvato S/D of Block 2 of Kirby S/D, $750, Suit No.B-4723-B Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were received causing subject properties 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, Tex. Propety Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll. Related Vision Item (if applicable): Financial Vision – Examine liquidation of unused or underperforming city-owned properties Neighborhood Vision – Attract reinvestment Other Information/ Recommendation: Staff recommends approval. Attachments: Resolution, Property Analysis, Tax-Resale Deed and Property Location Map Presentation: N/A Publication: N/A Reviewed by Director: Lysia H. Bowling, City Attorney Approved by Legal:
  • 28. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for 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: LOUIS A. PEREZ, a married person as his sole and separate property 112 W College Avenue San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 16, 1993 in Suit No. TAX90-0083B by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment — by Sheriff’s Deed dated February 17, 1997, and recorded in Volume 570, Page 84, 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 Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's 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 PropertyCode (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
  • 29. not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future 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 Judgment ATTEST: By: ____________________________ Dwain Morrison, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Dwain Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
  • 30. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: 16 YRS Adjudge Value: 4,269.00$ No Amount of Offer: 750.00$ Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee $500.00 $500.00 0.00% $500.00 Maintenance Fee $2,240.00 $2,240.00 100.00% $250.00 $250.00 District Clerk $0.00 $0.00 0.00% -$ -$ Sheriff's Fee $0.00 $0.00 0.00% $0.00 Attorney Fee $0.00 $0.00 0.00% -$ -$ Municipal Liens $0.00 0.00% $0.00 $0.00 Taxes $0.00 0.00% $0.00 $0.00 Total $2,740.00 -$ $2,240.00 100.00% $250.00 $750.00 Actual Total Amt Due $2,740.00 Amount Remaining 250.00$ Offer will satisfy a portion of the fees. No court costs are due. Purchased under Urban Redevelopment PROPERTY ANALYSIS For Tax Resale Property Years Held in Trust February 21, 1997 329 13th Street TAX90-0083B Unimproved Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 February 4, 1997 June 16, 1993 #21-38600-0002-002-00 Roy L. Mayo Account # 918 52' x 86'
  • 31. Lot 2, Block 2, Pecan Place Addition 329 E 13th St 52' x 86' Copyright 2011 Esri. All rights reserved. Thu Dec 22 2011 09:08:38 AM.
  • 32. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for 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: LOUIS A. PEREZ, a married person as his sole and separate property 112 W College Avenue San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 4, 1987 in Suit No. B-4723-B by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Propertyunder the terms of the Judgment — by Sheriff’s Deed dated November 16, 1987, and recorded in Volume 58, Page 5, 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 Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's 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 PropertyCode (or its successor) are herebyspecifically excluded. Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
  • 33. not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future 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 Judgment ATTEST: By: ____________________________ Dwain Morrison, Mayor and duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Dwain Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
  • 34. Legal Description: Improved/Unimproved Tax Suit Number: Location: Parcel Size/Dimensions: City of San Angelo vs. Tax ID Number: Judgment Date: Date of Sheriff's Sale: Sheriff's Deed Recorded: 24 YRS Adjudge Value: 2,350.00$ No Amount of Offer: 750.00$ Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations Distributed Administration Fee $500.00 $500.00 0.00% $500.00 Maintenance Fee $2,880.00 $2,880.00 91.86% $229.65 $229.65 District Clerk $155.23 $155.23 4.95% 12.38$ 12.38$ Sheriff's Fee $0.00 $0.00 0.00% $0.00 Attorney Fee $100.00 $100.00 3.19% 7.97$ 7.97$ Municipal Liens $0.00 0.00% $0.00 $0.00 Taxes $0.00 0.00% $0.00 $0.00 Total $3,635.23 -$ $3,135.23 100.00% $250.00 $750.00 Actual Total Amt Due $3,635.23 Amount Remaining 250.00$ Offer will satisfy a portion of the fees and court costs. Purchased under Urban Redevelopment PROPERTY ANALYSIS For Tax Resale Property Years Held in Trust November 18, 1989 105 Railroad Avenue B-4723-B Unimproved Lot 9 of T. L. Salvato Subdivision of Block 2 of the E. S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 November 3, 1987 June 4, 1987 23-41500-0002-009-00 Molly Kelly Account # UNKNOWN 47' x 142'
  • 35. Lot 9 of Savato Subdivision 105 Railroad Ave 47' x 142' Copyright 2011 Esri. All rights reserved. Wed Dec 14 2011 10:32:55 AM.
  • 36. 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 OR TAX WARRANT WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, offers have been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure Judgment or Tax Warrant, located in San Angelo, Tom Green County, Texas: Conveying to: LOUIS A. PEREZ, a married person as his sole and separate property; ($750): Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235, Deed Records of Tom Green, Texas. Account #21-38600-0002-002-00 LOUIS A. PEREZ, a married person as his sole and separate property; ($750): Lot 9 of the T. L. Salvato Subdivision of Block 2 of the E.S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas. Account #23-41500-0002-009-00 APPROVED AND ADOPTED ON THE DAY OF , 2013. THE CITY OF SAN ANGELO Dwain Morrison, Mayor Attest: Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form:
  • 37. Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
  • 38. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Jeff Hintz, Interim Senior Planner Subject: Area examination and study of properties situated in northwestern San Angelo as requested by the Planning Commission at the February 18, 2013 meeting for a potential amendment to the Vision Plan Map of the Comprehensive Plan. Location: An area bounded to the west by Short Street, to the south by 37th Street, to the east by Columbia Street, and to the North by 44th Street. This area is south and west of the Coliseum and bisected by North Chadbourne Street. A map of this area is included in the background of this report. Purpose: Approval or modification of this request will update the Vision Plan Map component of the Comprehensive Plan. Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210 AJ Fawver, Interim Director of Development Services Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES LOCATED BETWEEN 43RD STREET TO THE NORTH, COLISEUM DRIVE TO THE EAST, 40TH STREET TO THE SOUTH AND GRAPE CREEK ROAD AND CHADBOURNE STREET TO THE WEST, IN NORTHWESTERN SAN ANGELO. Summary: The City Council may: Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or
  • 39. Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis. Recommendation: Planning staff recommends no changes at this time to the Vision Plan Map for the area that was examined. At the April 15, 2013 meeting, the Planning Commission recommended extending the Neighborhood Center designation eastward as shown on the last map of this report, by a vote of 5-1. History and Background: On January 28, 2013 the Planning Commission directed Planning staff to examine a series of properties bounded by 40th Street to the south, Grape Creek Road to the west, Coliseum Drive to the east, and 43rd Street to the north. The direction was to provide the commission with a zoning history of the property. Upon this presentation and subsequent discussion at the February 18, 2013 meeting, staff was directed to examine the area and see if some changes to the Vision Plan Map would be appropriate at this time. On May 21, this request was tabled by the City Council to give time for the applicant to speak with his Council member a bit further so that more of an understanding of what was desired could be reached. It is staff's understanding this has now happened and as such, the presentation and further discussion will now occur. Analysis: The staff recommendation is based upon the statements listed below. This area is a unique area in the community in that it sees zoning that allows for intensive commercial opportunities, low-density residential opportunities and development, and medium-density residential development all within several blocks of one another. North Chadbourne Street is really a dividing line in this particular area in terms of development density and land usage. Properties situated west of Chadbourne Street occupy much larger tracts and include uses that are generally residential in nature, and have accessory buildings and large yards. In addition, this area has several opportunities for infill development both commercial and residential in nature. East of Chadbourne Street, the density of the residences increases slightly but is still more of a medium density. East of Chadbourne Street there are a few neighborhood- serving commercial enterprises, despite the higher intensity General Commercial/Heavy Commercial (CG/CH) zoning that is presently in place. This area east of Chadbourne Street is mainly residential in nature and the properties that are commercially zoned also sit vacant at this time. Staff has found that this area has opportunities for infill development that are not being implemented at this time. Given the generally low nature of development density west of
  • 40. Chadbourne Street, this particular area is not needing additional commercial opportunities at this moment in time since the commercial opportunities present and envisioned in the Comprehensive Plan's Vision Plan map for this area are not being utilized now. This could mean that these areas are not properly located, but in staff's analysis of the area, "Neighborhood Center" and "Commercial" areas were found to be presently placed in locations where they will be successful. The presently identified "Neighborhood Center" is located in an area where it will be able to serve the neighborhoods surrounding Chadbourne Street. This "Neighborhood Center" shown on the vision map excerpt attached to this report is located at the center of this well-established residential area; this placement along a major arterial street ensures access to the center will be adequate and capable of handling the traffic flow. In addition, this placement establishes an appropriate transition into the neighborhood from the high intensity traffic present on Chadbourne Street. Staff realizes the zoning envisioned in this plan is presently not in place, but in the future (which is the purpose of a Comprehensive Plan) development of a "Neighborhood Center" caliber will allow this area to thrive and keep intensive uses in parts of the city where neighborhoods and community attractions are not present. This category is intended for lower intensity commercial opportunities and higher intensity residential opportunities. Staff has found this type of opportunity to be lacking in this general area with the present zoning in place, but in the future, this type of development opportunity would be highly appropriate along a major gateway into town and just south of an established civic events center (the Coliseum). Higher-intensity commercial development in this area in general is not consistent with the Comprehensive Plan's goals to buffer these intense uses from neighborhood development. Chadbourne street in this area is a well established neighborhood with opportunities for both low and medium density housing; allowing higher intensity uses with no buffer into these neighborhoods and along a major gateway into town and along a major route to a main entertainment arena would be contrary to the intent and goals of the Comprehensive Plan and Zoning Ordinance. The particular properties that specifically triggered this request are located just south of the Coliseum and occupy the Bill Murray subdivision. The properties fronting along Chadbourne Street are appropriate for commercial development from a traffic perspective. The arterial classification of this roadway and its design allows for this type of development to be successful and compatible with the neighborhood. The current configuration of Coliseum Drive is not presently developed in a manner from a traffic perspective that would make commercial development possible. Even when an event at the coliseum fills the parking lot just half full, there are problems along Coliseum Drive. When larger events take place, the traffic situation becomes exacerbated to another degree; adding commercial properties with the potential to draw more traffic into an area that is generally speaking residential in character. This would not be an ideal situation for the property owners who presently live in this area, nor would it be ideal for any potential business in the future. A business that has trouble bringing customers, workers, and deliveries to it will not last long and given the present status of the thoroughfares in this area, staff finds this to be the case. That being said, in the future there are several streets defined to be collector streets adjacent to this neighborhood center. In the future, if and when these collector streets are improved, a Vision Plan amendment may be in order at that time. Collector streets
  • 41. are designed to have 60 feet of right-of-way and 50 feet of pavement. At this time, the collector streets that are in place have the appropriate right-of-way dedicated but lack the proper pavement width by nearly 15 feet in one case and 10 feet in another (an entire driving lane or two). The only way(s) these collector streets would be widened is as people do subdivisions or replats of current property adjacent to these called for thoroughfares; the other way would be for these streets to be included in the capital improvements plan and funded in that capacity. At this time, the development patterns and dominance of residences in the area and the capacity and capabilities of the street network in the area, changing the Vision Plan Map is not justified. Staff would be hesitant to expand just the "Neighborhood Center" portion east at this time given the lack of improvements on the street network and the increases in capacity and demand a "Neighborhood Center" designation could bring. Going to a higher-intensity "Commercial" designation would generate more traffic and intense uses than a "Neighborhood Center". The proximity to a decade's established neighborhood and lack of traffic capabilities have lead staff to the conclusion that the Vision Plan in this area if followed will allow for predictable and consistent development of the entire area which is a main objective of the Comprehensive plan and Zoning Ordinance. United States Census data indicates that for this area (minus about 15 lots in southeast corner of this study area due to the block protruding outside this study area) that approximately 171 people lived within our study area. This confirms our findings that this area is predominately home to low density, more sprawling residences; nearly one third of all parcels accounting for 45% of the total land area in this study had a land use of low density residential. The next dominant land usage in terms of total acreage was vacant commercial land. To say that this area is lacking commercial development opportunity would not be accurate given that there are 17 parcels totaling 29 acres (nearly 22%) of the study area that are zoned for commercial opportunities similar to what triggered this request that are going un-utilized at this moment in time. Introducing more commercial envisioned development opportunities to an area with a little under 200 people and nearly 30 acres of vacant commercially zoned land would not be appropriate at this time. As the area increases in density, staff has found more than enough opportunities in appropriately envisioned areas for this type of development. At this time, the demand of such a small population does not necessitate additional commercial property to the area. Perhaps in the future and as the area grows in population and commercial properties become more sparse additional commercial may be necessary; however given the data staff found in this analysis, that time is not now. The conditions in this area have not changed substantially in the time since the 2009 amendment was made to justify any change at this moment. Improvement to the street network and/or changes in development patterns in the future may lead staff to a different conclusion at that time; at this moment in time, adding more commercial zoning to an area over served by intensive commercial zoning, and with a street network that is not ready to handle this increased demand would not be advisable. This area is predominately residential in nature and will likely remain this way for some time. Any introduction of commercially envisioned areas needs to be done with the utmost care and concern to protect present and anticipated residential development patterns in the region.
  • 42. Attachments: chart summarizing acreage and parcel findings for study area and; Aerial photo of the area; Current Land Use Map of the area; Vision Plan Map of the area; Thoroughfare Plan excerpt for the area; Planning Commission's recommended Vision Plan Map of the area; Minute excerpt from February 18 Planning Commission Meeting; and Minute excerpt from April 15, 2013 Planning Commission Meeting. Presentation: Jeff Hintz, Interim Senior Planner Total Parcels % of Total Parcels Land Area (acres) % Land Area Low Density Residential 52 32.30% 60.9 45.07% Higher Density Residential 55 34.16% 13.53 10.01% Vacant Land Residential 23 14.29% 17.32 12.82% Vacant Land Commercial 17 10.56% 29.13 21.56% Neighborhood Serving Commercial 8 4.97% 4.57 3.38% Non-Neighborhood Serving Commercial 6 3.73% 9.68 7.16% Total 161 100.00% 135.13 100.00%
  • 43. VII. Review and discussion of staff findings resulting from Planning Commission's direction at the January 28, 2013 meeting for staff to examine the zoning history of properties specifically occupying the Bill Murray Subdivision, Lots 1-4 in northwest San Angelo. Jeff Hintz, Planner, came forward to present this item. At the direction of the Planning Commission at the last meeting, staff did research the zoning history of this property. Ms. Fawver asked Mr. Hintz to take a step back for a moment and provide orientation as to the property that is the subject of this discussion. Mr. Hintz then proceeded with his presentation. Mr. Hintz also showed excerpts of the zoning maps of 1954, 1956, and it shows that a strip of C-2 (now CG/CH) was running through the property and bisecting it since 1956. The C-2 strip, 350' from the center line of the street, was also on the zoning map in 1969, 1979, 1987, and 2013. The details of this research are contained within the background report, but, in summary, staff was unable to find any evidence that - since the properties initial zoning in 1954, the property was never entirely zoned as commercial, other than the 350' strip of commercial. A: Discussion and possible action regarding the Vision Plan Map Mr. Hintz explained that the current Vision Plan Map calls for a split (reflecting the zoning split) of "Commercial" and "Neighborhood". The only option for a zoning proposal would be to a) apply for something that would likely be denied by the Commission due to the legal requirements in place that municipalities zone in accordance with a Comprehensive Plan. The Plan can be re-examined at any time, with the direction of the Planning Commission. Changes to the Comprehensive Plan should be made based upon evidence and study. Bill Murray, the property owner in this location, came forward to speak to this item. He mentioned that there was a dairy at this site at some time, and sales of caliche and soil was conducted, after the tornado that wiped out a good deal of the area. There are only three houses on Coliseum Drive - there are some businesses along this street. The State of Texas leased this property and raised fish for the fish hatchery. Then, Mr. Jennings began selling water at this location. There was an orchard in this area as well. He produced water for the trees in this orchard. Mr. Hintz addressed the document which Mr. Murray produced. The document which Mr. Murray produced is a subdivision plat, which does not show zoning information. Bill Lawrence spoke regarding what is considered in the approval of a subdivision plat. Mr. Hintz passed around the subdivision plat to the Commission members. Bill Lawrence asked Mr. Murray what he wanted to do with the property. Mr. Murray described a use that staff concluded sounded substantially like "Industrial Services", which is allowed by right in a CH zoning district or as a Conditional Use in a CG zoning district. There was some lengthy discussion about the matter. Motion, to direct staff to re-examine the Vision Plan in that area, was made by Joe Grimes and seconded by Jennifer Boggs. The motion passed unanimously, 5-0.
  • 44. VI. Discussion and possible action to amend portions of the Vision Plan Component of the 2009 update to the San Angelo Comprehensive Plan, specifically properties bounded to the west by Short Street, to the south by 37th Street, to the east by Columbia Street, and to the North by 44th Street. This area is south and west of the Coliseum and bisected by North Chadbourne Street in northwest San Angelo. Presented by Jeff Hintz, Interim Senior Planner. Mr. Hintz recounted the present Vision map and explained how the Planning Division was directed to investigate a possible change to the Vision Plan. Using maps, Mr. Hintz pointed out typical land uses in the area. He recounted the history of current zoning designations as well, illustrating them with maps. Hintz shared that the staff recommendation for this request was no change in the area. He explained the process by which staff researched this area and stated according 2010 Census data, approximately 200 people lived in the area, and that an addition of more commercial uses would not be harmonious with residential uses. Infill development was discussed, both residential and commercial, as there are many vacant lots within the area. An aerial photograph illustrates the lack of use on many of the vacant lands. *Mr. Hintz stated that adding more commercial wouldn’t be prudent since streets in the area are not equipped or wide enough to handle commercial uses, stating the subdivision ordinance requirements for these types of streets. He also discussed that the Vision Plan calls for a Neighborhood Center in the area, and that it is already located at a future key node and serves the community. Other evidence that Hintz recounted in support of Staff recommendation was that the street network in the area is not fully improved at this time and that there is not much infill occurring at this time. Mr. Ryan Smith asked the history of why the request was before us today, so Mr. Hintz recounted a prior Planning Commission meeting. Mr. Wynne brought up that a tornado had wiped out much of the area at one time. Bill Murray, property owner in the area, got up to speak to this Vision Plan. He stated that the map is wrong and that the Family Neighborhood Center is the Coliseum and that a traffic count should be done. A map was consulted so that Mr. Murray could show the Commission members his land. He stated that he was upset at not being able to get a permit to run a bar-bq and provide cold drinks to students. He stated that a dairy was operated to the east of N. Chadbourne, and that caliche was sold near the coliseum. He recounted the thought behind who created the Vision Plan and questioned who made it and that this has not been explained to him. He stated that there were 5 exits to the coliseum and directed the city engineers to redirect traffic to City property. He stated that he wanted his back gate to be included in commercial property he'd already owned. He stated that he came before the Commission in 1979 for a special permit. He said that the plat he showed was “Okay” with the city and that the special permit was permitted. He is opposed to the neighborhood zoning designation in the area, stating that the area is not big enough or any logical explanation as to why there is residential there, and that an existing pipeline should have been a reason not to use that area as commercial. Mr. Murray showed the Commission a petition signed by area neighboring properties that were in favor of him having his property zoned commercial. He asked why he was never given a notice of a split zoning to his property. He questioned why the City, whom he claims owns a Mobile Home park across the coliseum.
  • 45. Mr. Hintz spoke to Mr. Murray’s discussion on zoning history and ordinance and also stated that he would check into the alleged City-owned Mobile Home park. Mr. Hintz discussed the 1954 zoning map for the City and how zoning was changed in the area later on with no legal description given regarding the property lines. Mr. Hintz also clarified several statements that were made regarding the intent of the Vision Plan Map. Mr. Saluri, Assistant City Attorney explained the legal premise of the Comprehensive Plan, Zoning Ordinance and the Vision Plan. Mr. Murray offered to sell his property for $25,000 a lot essentially to preserve the Zoning Map. Brent McCaden came to speak in opposition of this request to keep the Vision Plan the same. He stated that he grew up in the area and explained that streets that were meant to go through properties were not built out. He claimed that there isn’t much traffic on 43rd . He claimed that Mr. Murray’s back gate shouldn’t be changed. He wanted to know why we should take away something that has already been commercial, with reference to the residential land to the east of N. Chadbourne. The 1956 Ordinance, Mr. Hintz explained, is how the Zoning was dictated at that time and that any commercial use in the RS-1 zone since was illegal. Mr. Hintz answered questions regarding the meaning of the maps used at Mr. Wynne’s request. Mr. Hintz discussed the pipeline with Ms. Jones, who wanted to know when the pipeline was in. Mr. Grimes posed the idea that the pipeline could already exist through neighborhoods in the area, and contended that the Memorial business is an example of spot zoning. Mr. Hintz explained that it is a legal non- conformance, and not spot zoning. Mr. Lawrence explained, is much different than using the street for a “normal” arterial through a neighborhood area, and that a choke point would be created. Motion was made to direct staff to make a map from which to decide how the Vision Map. Darlene Jones wants to change to neighborhood center east from its present designation, east to Coliseum Drive to encompass the entire block between 40th and 43rd Streets Vision to allow neighborhood center opportunities, Mr. Wynne seconded it. Mr. Lawrence would like to see a map before anything went forward. The motion passed 5-1 with Mr. Lawrence opposed.
  • 46. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Kevin Boyd, Planner Subject: Z13-20: David Jensen: a request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: Location: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in southwest San Angelo. Purpose: Approval or modification of this request would be forwarded to City Council for a final decision on the matter Contacts: David Jensen, Owner 325-234-8544 Kevin Boyd, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z13-20: David Jenson 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42
  • 47. 2 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1). On June 17, 2013, Planning Commission recommended approval of the requested zone change by a 6-0 vote. History and Background: The properties in question include Lots 1, 26 and 42 of the Capitol Heights Addition, Section Five. Back in November 2007, 39 of the 76 lots in the newly created subdivision were zoned from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for the construction of townhomes. Over the past few years, development has only occurred along Iowa Avenue, the southernmost street in the subdivision – the remainder of the area is undeveloped. General Information Existing Zoning: Zero Lot Line, Twinhome & Townhome (RS-3) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use:
  • 48. 3 North: Zero Lot Line, Twinhome & Townhome (RS-3) Vacant residential lots West: Single-Family Residential (RS-1) Single-family detached homes and vacant residential lots South: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots East: Zero Lot Line, Twinhome & Townhome (RS-3) Single-family detached homes and vacant residential lots Thoroughfares/Streets: Nevada Drive, Iowa Avenue, Florida Avenue and Nebraska Avenue are identified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds. Zoning History: The property was annexed within the city-limits around 1975. Back in 1987, the property was zoned Single- Family Residential (RS-1). The area was rezoned to RS-3 on November 20, 2007. Applicable Regulations: Allowed uses for this property can be found in Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in Section 501 of the Zoning Ordinance. All required off-street parking and the connection(s) to a public right-of-way are required to be paved. Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.” "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods." "Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods."
  • 49. 4 "...encourage appropriate and supportive infill development at Neighborhood Centers." "Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers." "Establish transition areas to better "scale- down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers." "...slowly reorganize commercial corridors into clusters..." "Create new physical connections to neighborhoods lined with transitional and intermediate uses." "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc." Special Information Traffic Concerns: Changing the zoning to a less intensive residential district is likely to generate less traffic than if the property remained zoned as-is. Parking Requirements: Dwelling units require a minimum of 2 parking spaces, per Section 511.B of the Zoning Ordinance. Parking Provided: No parking exists as the tract remains vacant and undeveloped. Density: Surrounding uses are predominately characterized as low density residential development. The Vision Plan calls for
  • 50. 5 'Neighborhood' type development for the site in question. Notification Required: Yes Notifications Sent: 10 Responses in Favor: 0 Responses in Opposition: 0 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.
  • 51. 6 Staff recommends approval of this request based on the information outlined below. A zone change from Zero Lot Line, Twinhome and Townhouse (RS-3) to Single-Family Residential (RS-1) is consistent with city’s plans and polices. The Vision Plan envisions ‘Neighborhood’ development in the area, which is compatible with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Conventional single-family detached and zero lot line housing exists on the block. This request seeks to effectively lower the intensity of properties from its current zoning to a less intensive and less densely developed, RS-1 zoning. A zone change to RS-1 inherently creates more open space, through land development standards of the minimum setback and lot size requirements. Such a change is more appropriate for the particular lots in question and as referenced below, will result in orderly and logical development. The request is consistent with aspects of the Zoning Ordinance. The proponents initiated the zone change with the desire to construct single-family detached housing on the corner lots along Nevada Drive. The current zoning does not allow for the construction of single-family detached housing – single-family detached housing is permitted in R&E, RS-1, RS-2, RM-1 and MHS districts (Sections 310 and 311, Zoning Ordinance). Staff finds that RS-1 is most appropriate zoning in giving our recommendation – the properties do not meet the minimum lot size for R&E zoning, which is an acre. R&E, RM-1 and MHS zoning are not compatible with aspects of the surrounding area which reflects an emerging subdivision community, with compacted single-family detached and zero lot line housing. RS-2 is not the best use of the property, for reasons outlined further in the report. Some uses that include religious Institutions, safety services, schools are allowed in a RS-1 zone with approval through the conditional use process. The subject properties exceed the minimum lot area and dimensions for the proposed zoning (5,000 sq. ft. and 50’ x 100’), refer to Section 501, of the Zoning Ordinance. The lots are similar size and measure roughly 50’ x 115’ (approximately 5,750 sq. ft.), please refer to the attached plat. Although the properties in question are currently zoned RS-3 – a medium intensity residential district – majority of the properties in the generalized area are zoned RS-1. In a similar manner, the general pattern of land development is single-family detached housing. The Capital Heights Addition is comprised of five sections – Section 5, the northernmost addition, is one of the exceptions in that majority of the properties is a zoning other than RS-1, RS-3 (39 of the 76 lots are zoned RS-3). This RS-3 zoned area is bounded by Iowa Avenue (to the south), Nevada Drive (to the west) and Florida Avenue (along portions to the east). The subject properties are currently undeveloped, open lots. Lots immediately to the north, west and east of the properties also remain undeveloped at this time. This request represents changed conditions to the Ordinance. The current RS-3 zoning does not allow for single-family detached housing. A change to RS-1 provides opportunities for single-family detached housing, but restricts development of any other residential housing type. This request is consistent with aspects of the Comprehensive
  • 52. 7 Plan, as the Vision Plan envisions the area to remain residential in nature – no amendments to the Plan will be needed with approval of this request. The proposed zoning will continue to create a more continuous RS-1 zone that is appropriate, given the nature of the area. Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. Currently the land cover of the lots varies from with grassy to dirt spots to small brush and low vegetation. Less than half the Capital Heights Addition, Section Five – approved in 2007 – has been completed. As the area fully develops, more and more open land will be converted to residential development. Although the properties are situated nearly 500 feet from the nearest flood zone, the area question has had some storm water and drainage issues in the past. The current zoning allows for the construction of zero lot line homes, twin homes and townhouses. While zero lot line homes, allowed in RS-3 zones, generally have a smaller buildable footprint than conventional single-family homes, development is more compacted with smaller lots and more dwellings – also the floor area ratio (FAR) or amount of buildable space in RS-3 zones are actually greater than that of RS-1 zones (60 percent and 40 percent, respectively). Rezoning the area back to RS-1 reduces the allowable buildable space which will minimize potential impacts of drainage in the area. An internal site review conducted by city staff will ensure that any approved project addresses storm water issues and its potential effects on neighboring properties. The requested zoning represents a community need. Single-family detached housing is ideal for the site in question, twin homes and townhomes are more suitable for narrow lots, like the lots to the west of the property. RS-1 zoning allows for more reserved open space with a reduced FAR or floor area ratio of the 60 percent and greater setbacks - this lessens the likelihood of nuisances from adjacent properties and land development may be more aesthetically appealing given the more restrictive spacing requirements. The subject properties are quite distant from major roadways - the southernmost property, Lot 26, measures roughly 1,900 feet north of the Sunset Drive (the nearest major access point, identified as a collector street in the city's Thoroughfare Plan). Future plans seek to extend Dakota Drive to connect with YMCA Drive, to enhance connectivity in the area – but it is important to note that, as of yet, there have not been any proposals submitted to connect the streets. The lots in question are slightly larger than the RS-3 zoned lots which many measure between 40' x 115' and 45' x 115'. The properties immediately across the street to the west, along Nevada Drive, are zoned RS-1 – continuing the zoning directly across the street represents logical development and will provide land development opportunities that will develop the site in way similar to what already exists. This change, in effect, will create a 'mirror effect' or continuity of land uses along the street. While RS-2 allows for single-family detached housing – it also allows for twin homes and two household units on a single property, which may create a disruptive transition and one that is visually stark and unappealing. The
  • 53. 8 change to RS-1 is the most suitable zoning and provides a nice transition to the more intensive RS-3 zoning of the smaller lots to the west. Proposed Conditions N/A Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting the subject property; Excerpt of the favor/opposition notification map; Final Plat of the Capital Heights Addition, Section Five, approved by Planning Commission in November 2007; Draft minutes from 06/17/13 Planning Commission Meeting; and Draft Ordinance. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/10/13 )
  • 54. 14
  • 55. IV. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Z 13-20: David Jensen A request for a zone change from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-family Residential (RS-1) to allow for single-family detached homes, on the following property: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue, more specifically occupying the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and 26, in south central San Angelo. Kevin Boyd, Planner came forward to present the case consistent with staff's recommendation of approval. Ten notices were sent out for this request and none were received. Some general characteristics of the area were shared and Mr. Boyd stated that this area had developed substantially since the original aerial photo was taken and the photos taken as a result of this request at the street level had confirmed this. The criteria mandated of the request was covered by staff and it has also been found that this request will be consistent with the aspects of the Comprehensive Plan and Zoning Ordinance. By allowing this zone change, no replat of the property would be required as the lots currently meet the minimum lot size required for RS-1 zoned properties. Mr. Wynne asked about if this request would change the lot sizes. Mr. Boyd answered that only the zoning would be changed as a result of this request. No one came forward to speak in favor or in opposition of the request. Mr. Wynne stated he had no issues with the request; Darlene Jones thought this request would provide an aesthetically pleasing transition as staff had found as well. Darlene Jones made a motion to approve as presented and this was seconded by Valerie Priess. The motion passed 5-0.
  • 56. 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: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, changing the zoning classification from Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-20: David Jensen WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; 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 enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 1650 Iowa Avenue, 1649 and 1650 Nebraska Avenue, located at the east corner lots at the intersections of Nevada Drive and Iowa Avenue and Nevada Drive and Nebraska Avenue. This property specifically occupies the Capitol Heights Addition, Section 5, Block 6, Lot 42 and Block 11, Lot 1 and Lot 26, in southwest San Angelo, shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
  • 57. 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 16th day of July, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO ____________________________________ Dwain Morrison, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 58. City of San Angelo Memo Meeting Date: July 16, 2013 To: City Council members From: Roxanne Johnston, Planner Subject: Z13-21: Clark Wilson, a request of a zone change from a combination of General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to General Commercial (CG) to allow for self-service storage as defined in Section 315.H. of the Zoning Ordinance on the following properties: Location: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo. Purpose: Approval or modification of this zone change request by the City Council would designate the subject property as a General Commercial (CG) Zoning District. Contacts: Clark Wilson, property owner 325-656-9800 Roxanne Johnston, Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
  • 59. Z 13-21: Clark Wilson 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: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General Commercial/Heavy Commercial (CG/CH) &Single-Family Residential (RS- 1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Summary: The City Council may: (1) Approve the proposed zone change; (2) Modify the application to some alternative zoning classification believed to be more appropriate; or (3) Deny the proposed zone change Recommendation: Planning staff recommends approving the proposed zoning classification to General Commercial (CG). Planning Commission unanimously recommended approval of this request by a vote of 5-0 on June 17, 2013. History and Background:
  • 60. The applicant is seeking this zone change in order to expand an existing self-service storage facility. This use falls under the “Commercial Use Category” as defined in Section 315 of the Zoning Ordinance and is allowed in CG zoning districts. When combined, the three properties associated with this zone change request equal approximately 2 acres. Each lot is currently split into two zoning designations. Both lots addressed at 3704 and 3712 North Chadbourne Street are designated as a CG zoning district at the eastern one-third section of each property, and a CG/CH zoning district over the remaining two-thirds. A section of land measuring approximately 37x170 feet at the eastern side of the lot addressed as 3720 North Chadbourne Street lies within an RS-1 zone. A private drive separates this section of the property and the established neighborhood further eastward. The remainder of the property is CG/CH. The CG/CH zoned portion of these lots all front North Chadbourne Street. As a major arterial to the north before the 1970’s when North Bryant Boulevard was designated by TxDOT as Highway 87, North Chadbourne Street was and remains a primarily commercial corridor in the area associated with the three properties associated with this zone change request. Area businesses include a launder mat, a Stripes Gas Station, an air conditioning business and a few restaurants; all of which are located in CG/CH zoning districts. The northwestern tip of the property at 3720 North Chadbourne Street meets with Coliseum Drive, which in turn, leads to East 43rd Street and the Foster Communication Coliseum. The Coliseum lays approximately 1/3 of a mile north of the properties. Rezoning the properties to CG would allow the following uses: group living, alcohol and drug recovery facilities, college, school, public & nonprofit, or charitable uses providing service to the community, day care for children or adults, meeting areas for religious institutions, public safety and emergency services, auto and boat dealerships, bed & breakfast; business, government, professional, medical or financial offices, commercial parking, retail sales, self-service storage, vehicle service (performed while the customer waits) vehicle wash, small animal veterinary clinic, personal service-oriented business, entertainment-orients business and restaurants.
  • 61. Uses allowed in CG/CH zoning districts include the above plus the following: industrial services, warehouse and freight movement, waste-related uses, wholesale trade, and plant nurseries. It also allows for Type 3 unlimited general outdoor storage. General Information Existing Zoning: General Commercial/Heavy Commercial (CG/CH), General Commercial (CG), and Single Family Residential (RS-1) Existing Land Use: Self Service Warehouse and now vacant property Surrounding Zoning/Land Use: North: CG/CH Vacant building West: CG/CH Residential use South: CG/CH Residential use East: CG & RS-1 Residential use Thoroughfares/Streets: North Chadbourne Street is defined as an “arterial street,” which is designed to connect collector streets to freeways and carry large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of this street. Coliseum Drive is defined as a “collector street" and is designed to, collect local street traffic carrying it to arterial streets at a moderate speed. Zoning History: This property was annexed into the City in the late 1940’s. As early as 1954, these properties were designated with a C2 Zoning District. This was converted to CG/CH with the adoption of the current Zoning Ordinance in January of 2000. The portion of the lots zoned CG at 3704 & 3712 North Chadbourne Street were zoned as such since 1987. In 1988, a request for Special Permit 1240 was submitted to allow for the use of a mobile home as a sales office at 3720 North Chadbourne Street.
  • 62. In 2000, a 2 foot variance from Section 509.B.3 was given at 3704 & 3712 North Chadbourne Street. This ordinance requires a four-foot fence within the 25- foot front building setback in CG/CH and CG zoning districts was given (ZBA00-31) to allow for a 6 foot fence on the front property line. In 2002, ZBA 02-54, was approved at the 3704 & 3712 North Chadbourne which allows a 6-foot variance from the minimum 25 foot front yard required in CG/CH zoning districts, in order to permit construction of additional commercial building(s) set back 19 feet from the front boundary Applicable Regulations: Section 509 of the Zoning Ordinance addresses fencing as a screening mechanism. Any time a commercial use abuts a residential district or use (other than an R&E zoning district), an opaque privacy fence is required. Development Standards: All required off-street parking and the connection(s) to a public right-of-way are required to be paved. General Commercial (CG) requires a 25 feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502. The maximum floor area or gross floor area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502 of the Zoning Ordinance. Vision Plan Map: Predominantly Commercial Related Comp Plan Excerpts: “Promote better transition between nearby commercial and residential use of land and buildings.”
  • 63. “Create new physical connections to neighborhoods lined with transitional and intermediate uses." “Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." “Organize commercial uses in nodes to avoid deteriorating corridors.” “Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,” “Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.” Special Information Traffic Concerns: Changing the zoning will not necessarily generate additional traffic than if the property remained as-is since current zoning predominantly allows for a larger variety of heavier uses on the sections of the lots zoned CG/CH. Rezoning to a less intense district potentially decreases the use of heavy industrial traffic often associated with CG/CH zoning. North Chadbourne Street is designed to accommodate appropriate commercial traffic. Parking Requirements: Section 511 of the Zoning Ordinance shows uses and covers required parking amounts. Since the proposal is an expansion of the existing use and shares a common ownership, no additional parking will be required with this request. Parking Provided: no parking spots are provided on the property addressed at 3729 North Chadbourne Street as it is a vacant lot. 3604 and 3712 North Chadbourne have no designated parking spaces.
  • 64. Density: Surrounding uses are predominately low density commercial and residential development, with exception to a more dense residential development to the east of the properties. The plan complies with the Vision Plan, which calls for “a continuation of the future development of this area as “Commercial." Notification Required: Yes Notifications Sent: 23 Responses in Favor: 2 Responses in Opposition: 0 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.
  • 65. 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. North Chadbourne Street, from its southern point located at West Houston Harte Expressway to its most northern point near Fruit and Farm Road and North Bryant Boulevard Frontage Road, has been a commercial corridor for decades and is one of the key routes to and from the north. A zone change on the subject properties would be consistent with both the Zoning Ordinance and the Comprehensive Plan by removing a more heavily industrial commercial zoning district and replacing it with a less intense commercial zoning, thereby alleviating possible nuisances such as noise, pollution and visual eyesores that can be produced by heavy commercial enterprises designed to support industrial uses, such as heavy truck traffic entering and exiting the properties. This proposed request would essentially create a consistent zoning for each of the three properties. The 2009 Comprehensive Plan seeks to “Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,” thereby amending mixed zoning on each parcel. Furthermore, removing the CG/CH zoning is also in line with the Comprehensive Plan which seeks to “Improve relationship(s) between adjacent commercial and residential land use adjacencies.” One way to do this, according to the Comprehensive Plan, is to take steps to “Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.” In addition to this zone change request being in line with the Zoning Ordinance and the Comprehensive Plan, the Vision Plan calls for the area to remain commercially zoned in the future so no amendment to the Plan would be required. Therefore, staff finds that this zone change is in keeping with the first three Criteria listed above. In addressing changed conditions as well as the environmental impacts that this zone change could possibly bring to the area, staff finds that rezoning to a less intense commercial district would not only alleviate potential nuisances such as large equipment traffic in and out of the properties and North Chadbourne Street, but also eliminates the potential of negative visual aesthetics created when highly contrasting land uses are placed adjacent to one another. With the idea that North Chadbourne Street is a major route to the Foster Communication Coliseum, it is important to consider not just negative visual impacts to the immediate area, but to the community as a whole. Current zoning on the majority of these properties allows for unlimited outdoor storage, regardless that there is none on the property at this time. Outdoor storage could consist of a junkyard, for
  • 66. example, or of aggregate materials such as caliche or of vehicle parts containing petroleum byproducts, or even metal beams treated with coatings and paints that could leach into the ground or storm water. Once CG/CH is replaced as requested, this unlimited outdoor storage opportunity disappears and the Coliseum corridor, along these properties anyway, will be free from those potential nuisances and any others that a combined CG/CH zoning district allows. Therefore, staff finds that conditions could potentially improve from what they could be if the properties remain under the same zoning and is in keeping with Criteria 4 and 5. The question could be raised as to why the applicant did not seek a zone change to the least intensive commercial zoning category, Neighborhood Commercial (CN). The answer to this is that such a zoning would require approval of a Conditional Use since self-service storage is not allowed in CN zoning. A rezone to a less intensive commercial category will provide more flexibility in future use than a Conditional Use would allow, since there are usually conditions put on Conditional Uses that are not allowed to be legally placed on zone changes. In the event the applicant is granted the requested zone change and decided to locate businesses allowed under CG zoning instead of or besides a self-storage facility, these businesses could potentially serve users not only of the neighborhood, but also of patrons of the Foster Communication Coliseum which could contribute to meeting a community need. Additionally, the nature of a self-service storage business typically gives nearby residents the opportunity to store belongings and therefore can be viewed as a neighborhood serving enterprise. Such a business most certainly meets a community need, which illustrates that Criteria 6 is met as well as the previous 5 criteria. In conclusion, staff has determined that in addition to this request meeting criteria 1-6, this proposed use and zone change request for the subject properties is also consistent with Criteria 7 with regards to area development trends. Commercial businesses have been located along that area of North Chadbourne Street since the 1950’s. With the properties’ proximity to Foster Communication Coliseum, the chances of the area fronting North Chadbourne Street remaining commercial are even more probable and fall in line with future commercial development. Proposed Conditions N/A Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;
  • 67. excerpt from the comprehensive plan vision map highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; Excerpt of the favor/opposition notification map; Draft minutes from the 06/17/13 Planning Commission Meeting; and Draft ordinance. Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/10/13)
  • 68. MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, JUNE 17, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Joe Grimes, Bill Lawrence, Valerie Priess, Darlene Jones, Bill Wynne ABSENT: Jennifer Boggs (Resigned) Ryan Smith (AE) STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner I. Call to order and establish that a quorum is present. The Chairman called the meeting to order at 9:04 AM. B. Z 13-21: Clark Wilson A request of a zone change from a combination of General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to General Commercial (CG) to allow for self-service storage as defined in Section 315.H. of the Zoning Ordinance on the following properties: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo. Roxanne Johnston, Planner came forward to present this case consistent with staff's recommendation of approval. 23 notices were sent as required by State Law and the Zoning Ordinance, two of these notices were returned in favor. The subject property has some self service warehouses on it as well and this proposal seeks to expand this use. A portion of this property is currently zoned CG and another portion is zoned RS-1. This proposal seeks to zone the property within one district to have one set of zoning regulations
  • 69. on one property. Ms. Johnston went over some characteristics of the area and noted that this corridor is home to many commercial establishments and as one moves away from North Chadbourne, residential uses and neighborhoods become readily prevalent. A portion of this property is currently vacant and would be included in the expansion of this business. The criteria of approval were covered by staff and in this case, all have been found true to grant this request. The Comprehensive Plan speaks to removal of CG/CH zoning from properties adjacent from neighborhood or residential areas. Darlene Jones asked about flooding on the property as commented in the letter received by staff. Ms. Johnston stated this would be addressed in the platting process or through site plan review. Mr. Grimes asked what might be the most intense use that would be allowed within a CG zone. Mr. Hintz explained that outdoor storage is much more limited and that some types of auto repair are required to have a conditional use within in this zoning district, thus protecting the neighborhood much more than the current zoning can afford. Mr. Wynne asked if there was any way to afford a administrative approval. Mr. Hintz stated that state law required a public hearing since the zoning would be changing a portion of the city ordinance, in this case the zoning map. Clark Wilson, the proponent came forward to speak in favor of the request and stated that he had looked into the storm water and drainage issues on the property. No one else came forward to speak in favor or in opposition of the zone change. Bill Wynne made a motion to approve this request as presented which was seconded by Darlene Jones and passed 5-0.
  • 70. 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: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo, changing the zoning classification from a General Commercial/Heavy Commercial (CG/CH) and Single-Family Residential (RS-1) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 13-21: Clark Wilson WHEREAS, the Planning Commission for the City of San Angelo and the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; 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 enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 3704, 3712 & 3720 North Chadbourne Street, located directly southeast of the intersection of North Chadbourne Street, West 38th Street, and Coliseum Drive and 175 feet northeast of the intersection at North Chadbourne Street and East 37th Street; more specifically occupying approximately 2 acres out of the Mather Addition No. 2; portions of Blocks 11 & 12 including the North 79.45 feet of south 229.45 feet of the west part of Blocks 11 & 12; the north 70.8 feet of South 300.25 feet of the west part of Blocks 11 & 12 and the south 170 feet of north 303 feet of west 318.83 feet of Blocks 11 & 12 in northwest San Angelo shall henceforth be permanently zoned as follows: Commercial General (CG) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
  • 71. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. 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 16th day of July, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO ____________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk
  • 72. Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
  • 73. City of San Angelo Memo Meeting Date: July 16, 2013 To: Mayor and Council members From: Jeff Hintz, Interim Senior Planner AJ Fawver, AICP Interim Director of Development Services Subject: ordinance for introduction to City Council at meeting on 07-16- 2013 and possibly followed by second reading on 08-06-2013, annexing approximately 24.484 acres located southwest of San Angelo’s existing city limits Location: area encompassing a 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two in the southwest part of the city, as shown in attached exhibit Contacts: AJ Fawver, AICP, Interim Director of Development Services Jeff Hintz, Interim Senior Planner 657-4210 Caption: First Public Hearing and consideration of an Ordinance annexing approximately 24.484 acres situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre tract extending northwest from Mills Pass Drive, and located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprises the proposed Prestonwood Addition, Section Two. Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's
  • 74. Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes. On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particular property subject to this annexation request is directly adjacent to this 8.995 acre tract. A zone change and subsequently was applied for and approved zoning, this 8.995 acres Single-Family Residential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of the Zoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commission and is currently awaiting for conditions of approval to be met before it may be recorded. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that may be completed as early as August 6, 2013. annexation calendar (no special meetings needed) first public hearing June 4, 2013 second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria: (1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city. Analysis of Proposed Annexation: It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that: "Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."
  • 75. This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". It is the intent of the developer to, once annexed, create an extension of the existing residential subdivision in this area, so it appears that the development of this tract is not just realistic, but expected. The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." While the infrastructure is not yet in place for this particular property, it is close by and available for extension via the regulations of the Subdivision Ordinance, which requires that an application for subdivision plat be accompanied by a plan for utilities to serve the area, as was done during the development of the Prestonwood Addition, in 2008. Additional Information: Notification of and request for feedback regarding this proposed annexation was made to:  San Angelo ISD;  Dove Creek VFD;  Tom Green County;  Atmos Energy;  Suddenlink Communication;  AEP Texas;  Trashaway Services; and  Verizon. No responses were received from these parties. Notification of and request for feedback regarding this proposed annexation was made to many internal groups, including the Police, Fire, Water Utilities, Parks, and the Community & Economic Development departments. No comments were received from these parties.
  • 76. The city's obligation to this area, if annexed, is outlined in the attached Service Plan, required as preparation of an annexation ordinance. As discussed above, there are a number of water and sewer mains in existence in this area. A fire station exists along Southland Boulevard, to the east of this annexation area. Streets will be improved in accordance with the Subdivision Ordinance, and will be requirements for approval of land subdivision within this area. There are no capital improvements deemed necessary at this time or in the immediate future. In short, this annexation will result many more services provided to the area - namely maintenance - but in relation to the small size of the area, these should be negligible. Financial Impact: not applicable, yet Recommendation: N/A Attachments: aerial photograph highlighting the subject property; map of existing Fire Station; map of water lines (in blue) and sewer connections (in orange); map of currently improved public roadways and widths; legal description as provided by the applicant, of the proposed area; survey map as provided by the applicant; petition as submitted to City staff; and draft ordinance with service plan. Presentation: AJ Fawver, AICP, Interim Director of Development Services Publication: Hearings for public comment notices for this annexation were published in accordance with the Texas Local Government Code, on May 21, 2013, and again on June 5, 2013.
  • 77. !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 1 9 63 11 1 2 1 8 2 1 3 4 5 5 1 A 1 SAM'S CLUB ADDITION ELLISON SOUTHWEST FACILITIES ADDITION TWINOAKSADDN. ESTATES COMMUNITY OF FAITH PRESTONWOOD ADDN. PRESTONWOODADDN HE BOULEVARD SAN ANGELO SUMMER CREST DR CORALWAY SHERW OOD W AY AUTUMNWOOD TRL PINON R DGE DR PINON RIDGE DR MILLSPASSDR LEXIN GTON PL KENSIN GTON CRK M ILLS PASS DR M ILLS PASS DR M ILLS PASS DR SOUTHLAND B CORALWAY CORALWAY CORALWAY CORALWAY PPPPP GREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DRGREEN MEADOW DR SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLANDBLVD SOUTHLAND BLVD WAY WAY WAY WAY WAY £¤67 Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 500 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARmaster.mxd Sherwood Way
  • 78. Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd Fire Station
  • 79. Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd
  • 80. Property requesting annexation subject property ´ City of San Angelo Planning Division 72 W. College Avenue San Angelo, TX 76903 1 inch = 400 feet COMMERCIAL DISTRICTS RESIDENTIAL DISTRICTS MANUFACTURING DISTRICTS CN (NEIGHBORHOOD COMMERCIAL) CO (OFFICE COMMERCIAL) CG (GENERAL COMMERCIAL) CG/CH (GENERAL COMMERCIAL / HEAVY COMMERCIAL) CH (HEAVY COMMERCIAL) CBD (CENTRAL BUSINESS DISTRICT) OW (OFFICE WAREHOUSE) ----------------------------------------------------------------------------------- PD (PLANNED DEVELOPMENT) R&E (RANCH AND ESTATE) RS-1 (S NGLE-FAMILY RES DENCE) RS-2 (TWO-FAMILY RESIDENCE) RS-3 (ZERO LOT L NE, TWINHOME AND TOWNHOUSE RES DENCE) RM-1 (LOW RISE MULTI-FAM LY RESIDENCE) RM-2 (HIGH RISE MULTI-FAMILY RES DENCE) MHP (MANUFACTURED HOUSING PARK) MHS (MANUFACTURED HOUSING SUBDIVISION) ML (LIGHT MANUFACTUR NG) MH (HEAVY MANUFACTURING) ----------------------------------------------------- CU (CONDITIONAL USE) SP (SPECIAL PERMIT) SU (SPECIAL USE) ZC (ZONE CHANGE) Path: Y:City CouncilANNEXATIONSPRESTONWOOD_ADDITION_2013_MARcustom_maps.mxd Mills Pass Drive 50 feet ROW 40 feet pavement
  • 81. AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATED WEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLS PASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT 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 AND OWNERS OF SAID TERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and WHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners of a tract of land containing 24.484 acres extending northwest from Mills Pass Drive, Tom Green County, Texas, located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprised the Prestonwood Addition, Section Two, more fully described in Exhibit “A”, attached hereto and made a part hereof for all purposes (hereinafter the “Area” or “Territory”), have petitioned the City Council in writing to annex the Area into the corporate limits of the City of San Angelo; and, WHEREAS, the Area is (a) one-half mile or less in width; (b) contiguous to the City; and (c) vacant and without residents; and, WHEREAS, three public hearings on the annexation have been held, the first on June 4th of 2013, the second on June 18th of 2013, and the third on July 16th 2013 as required by law and at San Angelo’s McNease Convention Center, where all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory hereinafter described; and WHEREAS, all notices have been issued as required by law and all public hearings have been held within the time required by law pursuant to notices duly posted and published; and WHEREAS, the City Council accepted the Petition Requesting Annexation by Area Landowners, and directed Planning staff to proceed with the proposed annexation schedule, at a regularly held meeting of the City Council on May 14, 2013; and,
  • 82. WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; TEXAS: Section 1. Findings of Fact. All of the above premises are hereby found to be true and correct and are incorporated into the body of this ordinance as if fully set forth; and all required legal conditions for annexation have been met. Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto and incorporated herein for all purposes, said Territory lying adjacent to and contiguous with the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of San Angelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous with the Area annexed, are hereby altered, extended and amended so as to include said Area within the corporate limits of the City of San Angelo, Texas. Section 3. Amendment of Boundaries and Official Map of City. The official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned annexed Territory as part of the City of San Angelo, Texas. Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approved and is incorporated herein for all purposes. The City of San Angelo makes an affirmative determination that this service plan provides for the extension of services to the annexed Territory which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this Territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed Territory. Section 5. Pro rata Share of Taxes. The annexed Territory being a part of the City of San Angelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo; and, Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexed Territory shall be entitled to the rights and privileges of the other citizens of the City of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the Voting
  • 83. Registrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of State, and the Texas Comptroller of Public Accounts in the manner required by law. The City Secretary is further directed to notify any service providers of services in the annexed Area and to submit preclearance of the annexation with the United States Department of Justice pursuant to State law and the federal Voting Rights Act. Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption. INTRODUCED on the 16th day of July, 2013, and finally PASSED, APPROVED AND ADOPTED on this the 6th day of August, 2013. THE CITY OF SAN ANGELO by:______________________________________ Dwain Morrison, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM A. J. Fawver, AICP Planning Manager Lysia H. Bowling, City Attorney
  • 84. Exhibit A
  • 85. Exhibit "B" Plan for extension of municipal services to an area described as follows: 24.484 acres of land out of the South 1/2, Deaf and Dumb Asylums Lands Survey No. 2, Abstract No. 8211, Tom Green County, Texas, and said 24.484 acre tract also being out of that certain 74.106 acre tract described and recorded as Instrument No. 641530, Official Public Records of Real Property in Tom Green County, Texas annexed to the City of San Angelo on August 6, 2013. SERVICES PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. 2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. Furthermore, the City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. 3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Trashaway Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City’s contractor has access to such property requested to be serviced. 4. MAINTAINING WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas will make arrangements to extend water mains, to serve the newly annexed area. The City Council for the City of San Angelo, Texas believe that adequate sewer mains exist for point-of-use connection and serviceable extensions, to provide sewer service within the newly annexed
  • 86. territory, extending such mains pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such polices and/or ordinances may be amended. 5. MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). 6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation. In the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES AND/OR SOLID WASTE COLLECTION
  • 87. The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 3 years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains exist for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density and topography. SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory’s annexation to the City of San Angelo, Texas.
  • 88. City of San Angelo Memo Date: July 12, 2013 To: Mayor and Council Members From: Michael Dane, ACM/CFO and Tina Bunnell, Director of Finance Subject: Agenda Item for 7-16-13 Council Meeting Contact: Tina Bunnell, 657-4270 Caption: Regular Item Consider approval of resolution recommending to the Texas Department of Transportation that Concho Valley Transit District (CVTD) be chosen as the direct recipient for federal funds in accordance with Title 49, Subtitle III, Chapter 53, Section 5307 of the United States Code, for the San Angelo urbanized area; authorizing the City Manager to execute any documents required to evidence the City's support of CVTD as the direct recipient for Federal Section 5307 funding; and providing for an effective date. Summary: Under federal transportation statute, the State of Texas is the designated recipient for the Federal Transit Administration (FTA) urban formula program (Title 49, United States Code, Subtitle III, Section 5307) for urbanized areas between 50,000 and 200,000 in population. The Governor of Texas has delegated this authority to the Texas Department of Transportation (TxDOT). TxDOT, in turn, is selecting a local agency to become a Direct Recipient in each urbanized area. Status as a Direct Recipient permits that agency to apply directly to FTA for Section 5307 funds apportioned to that area. To document this process, TxDOT is requesting: (1) Documentation of local process in recommending a direct recipient. This could be a City Council resolution, letter from a Mayor or City Manager, or similar document that is accepted locally as expression of local intent, (2) A written opinion of council, stating that the recommended direct recipient has the legal capability to act as the direct recipient for the 5307 program, and (3) Concurrence from local, publicly-owned transportation operators in the recommended selection. In this case, that would be Concho Valley Transit District. The majority of funding received by Concho Valley Transit District (CVTD) for public transit in the urbanized area is from the Section 5307 program. Local and state funding received is generally used to meet matching requirements of this and other grants, by financing a part of the operating and capital expenses of CVTD. FTA has notified TxDOT that CVTD will not be allowed to apply for additional Section 5307 funds (including the full amount of FY 2013 funds, estimated to be $1,357,881) until TxDOT has notified FTA that a direct recipient has been selected. TxDOT will prepare and send that notification after the documents described above have been submitted. The board of the CVTD will have to meet to approve and accept the designation. The board of the CVTD meets next on August 14, 2013. History: In 2006, the Concho Valley Transit District (CVTD) was created as an urban-rural
  • 89. transit district under Chapter 458 of the Texas Transportation Code in order to receive state public transit funding and to generate better efficiencies for local public transit. Prior to October 2012, TxDOT could delegate the Designated Recipient status to a local entity that had the ability to administer the federal requirements of the program. In the past, TxDOT delegated this authority to the City of San Angelo. The City selected CVTD as the direct recipient. CVTD has served as the direct recipient for several years prior to the FTA announcement in October. If CVTD is selected as the direct recipient now, no additional policies would be required for either CVTD or the City of San Angelo. A minor change in applying for Section 5307 grants would occur, and that is TxDOT would have to execute a supplemental agreement as part of each application submitted by CVTD. This change would require very little time on the part of TxDOT, and would be initiated when CVTD notifies TxDOT that an application was being submitted to FTA. Financial Impact: None Related Vision Item (if applicable): Financial and Regional TransportationVision Other Information/ Recommendation: Staff recommends approval of the resolution. Attachments: Resolution Presentation: None Publication: None Reviewed by Director: Michael Dane, ACM/CFO Approved by Legal: N/A
  • 90. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL RECOMMENDING TO THE TEXAS DEPARTMENT OF TRANSPORTATION THAT CONCHO VALLEY TRANSIT DISTRICT (CVTD) BE CHOSEN AS THE DIRECT RECIPIENT FOR FEDERAL FUNDS IN ACCORDANCE WITH TITLE 49, SUBTITLE III, CHAPTER 53, SECTION 5307 OF THE UNITED STATES CODE, FOR THE SAN ANGELO URBANIZED AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS REQUIRED TO EVIDENCE THE CITY’S SUPPORT OF CVTD AS THE DIRECT RECIPIENT FOR FEDERAL SECTION 5307 FUNDING; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Concho Valley Council of Governments (CVCOG) and City of San Angelo, pursuant to Chapter 458 of the Texas Transportation Code, created the Concho Valley Transit District (CVTD), consolidating the urban and rural public transportation system; and, WHEREAS, the CVTD has created an urban-rural transit district, including the San Angelo urbanized area; and, WHEREAS, a function of the CVTD is to receive state public transit funding; and, WHEREAS, federal transportation statutes include a formula funding program in support of public transportation services in urbanized areas, known as the Section 5307 Program; and, WHEREAS, implementation of the Section 5307 Program requires selection of a Direct Recipient in each such urbanized area, based upon a local process for the recommendation of a Direct Recipient to the Texas Department of Transportation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: Section (1): The City Council of the City of San Angelo hereby confirms its participation in the urban-rural transit district created by Concho Valley Transit District (CVTD), and declares its support for the CVTD designation as Direct Recipient of funding allocated to the San Angelo urbanized area for federal funding pursuant to Title 49, Subtitle III, Chapter 53, Section 5307, of the United States Code, as amended. Section (2): The City Manager or his designee is hereby authorized to execute such documents as may be necessary to evidence the City Council’s support for the CVTD as Direct Recipient of Federal Transit Authority, Section 5307 funds.
  • 91. Section (3): This resolution shall be effective from and after its adoption. PASSED and ADOPTED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Tina Bunnell, Director of Finance Lysia H. Bowling, City Attorney
  • 92. 2013 Annual Action Plan CITY OF SAN ANGELO COMMUNITY & HOUSING SUPPORT
  • 93. 2 Annual Action Plan Plan Preparation by: Robert Salas, Neighborhood & Family Services Department Director With assistance from the Community & Housing Support (CHS) Division Staff: Mauri Rodríguez, Sr. Program Coordinator Steve Díaz, Housing Rehab Coordinator Monica Lozano, HOME Program Coordinator Chris Deanda, Special Projects Coordinator City Council 2013 Dwain Morrison, Mayor Rodney Fleming, Councilman Single Member District 1 Marty Self, Councilman Single Member District 2 Johnny Silvas, Councilman Single Member District 3 Don Vardeman, Councilman Single Member District 4 H.R. Wardlaw III, Councilman Single Member District 5 Charlotte Farmer, Councilwoman Single Member District 6
  • 94. 3 TABLE OF CONTENTS PAGE City of San Angelo’s Strategic Framework....................................................................................4 Applications for Federal Assistance................................................................................................ CDBG SF-424.....................................................................................................................5 HOME SF-424 ....................................................................................................................6 Executive Summary ......................................................................................................................7 Annual Action Plan Federal Resources..............................................................................................................9 Activities to be Undertaken ...............................................................................................10 Description of Activities.....................................................................................................11 Summary of Objectives and Outcomes.............................................................................14 Geographic Distribution ....................................................................................................15 Homeless and Other Special Needs Activities..................................................................15 Public Housing ..................................................................................................................16 Barriers to Affordable Housing..........................................................................................17 Other Actions ....................................................................................................................18 Program Specific Requirements .......................................................................................20 Monitoring Plan .................................................................................................................22 Certifications .....................................................................................................................25 Citizen Comments.............................................................................................................32 Maps .................................................................................................................................34
  • 95. 4 City of San Angelo's CD Strategic Framework Mission: Increase homeownership, support community development, eliminate blight and increase access to affordable housing for low-to-moderate income citizens free from discrimination. ProgramStrategicGoals Create a suitable living environment Provide decent, affordable housing Create economic opportunities ● Increase quality of low/moderate income neighborhoods by enforcing city code ● Provide safe and sanitary livin conditions ● Revitalize neighborhoods in order to spur population growth which in turn will spur economic growth ● Eliminate substandard properties in neighborhoods targeted for revitalization ● Prevent homelessness by providing rental assistance to special needs include mentally disabled ● Increase number of new homeowners Cross-CuttingStrategic Goals Ensure equal opportunity in housing ● Provide a fair and efficient administrative processes free of discrimination Embrace high standards of professionalism and customer service ● Increase local contractor participation in the program Promote participation of community organizations ● Create a community based volunteer group to assist in neighborhood revitalization projects
  • 96. 5 Previous Edition Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 08/15/13 Applicant Identifier B-13-MC-48-0025 1. TYPE OF SUBMISSION: Application: Non-Construction Pre-application: Not Applicable 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: City of San Angelo Organizational Unit: City of San Angelo Department: Neighborhood & Family Services Organizational DUNS: 0 7 - 8 5 4 - 7 5 0 2 Division: Community & Housing Support Address: Name and telephone number of person to be contacted on matters involving this application (give area code)Street: 52 W. College Prefix: Mr. First Name: Robert City: San Angelo Middle Name: County: Tom Green Last Name: Salas State: Texas Zip Code: 76903 Suffix: Country: United States of America Email: robert.salas@cosatx.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN) : 7 5 - 6 0 0 0 6 5 9 Phone Number (give area code): 325-655-0824 Fax Number: 325-481-2628 8. TYPE OF APPLICATION: New G Continuation G Revision 7. TYPE OF APPLICANT: Municipal 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 1 4 – 2 1 8 TITLE (Name of Program): Community Development Block Grant 11. DESCRIPTIVE TITLE OF APPLICANT’S PROJECT: Annual Action Plan for the City of San Angelo, Texas. CDBG funding to provide decent housing, a suitable living environment, and expanding economic opportunities principally for person of low/moderate income. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.) : City of San Angelo’s City Limits 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: 10/01/13 Ending Date: 09/30/14 a. Applicant 17th b. Project 17th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 739,584 No. PROGRAM IS NOT COVERED BY E. O. 12372b. Applicant c. State d. Local e. Other f. Program Income $ 40,000 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No g. TOTAL $ 779,584 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Daniel Middle Name Last Name Valenzuela Suffix b. Title City Manager c. Telephone Number 325-657-4241 d. Signature of Authorized Representative e. Date Signed
  • 97. 6 APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 08/15/13 Applicant Identifier M-13-MC-48-0224 1. TYPE OF SUBMISSION: Application: Non-Construction Pre-application: Not Applicable 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: City of San Angelo Organizational Unit: City Government Department: Neighborhood & Family Services Organizational DUNS: 0 7 - 8 5 4 - 7 5 0 2 Division: Community & Housing Support Address: Name and telephone number of person to be contacted on matters involving this application (give area code)Street: 52 W. College Prefix: Mr. First Name: Robert City: San Angelo Middle Name: County: Tom Green Last Name: Salas State: Texas Zip Code: 76903 Suffix: Country: United States of America Email: robert.salas@cosatx.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN) : 7 5 - 6 0 0 0 6 5 9 Phone Number (give area code): 325-655-0824 Fax Number: 325-481-2628 8. TYPE OF APPLICATION: New G Continuation G Revision 7. TYPE OF APPLICANT: Municipal 9. NAME OF FEDERAL AGENCY: U.S. Department of Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 1 4 – 2 3 9 TITLE (Name of Program): HOME Investment Partnerships Program 11. DESCRIPTIVE TITLE OF APPLICANT’S PROJECT: Annual Action Plan for the City of San Angelo, Texas. HOME Investment Partnerships Program funding to provide decent housing and a suitable living environment principally for person of low/moderate income. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.) : City of San Angelo’s City Limits 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: 10/01/13 Ending Date: 09/30/14 a. Applicant 17th b. Project 17th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 245,399 No. PROGRAM IS NOT COVERED BY E. O. 12372b. Applicant c. State d. Local e. Other f. Program Income $ 22,000 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No g. TOTAL $ 267,399 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr. First Name Daniel Middle Name Last Name Valenzuela Suffix b. Title City Manager c. Telephone Number 325-657-4241 d. Signature of Authorized Representative e. Date Signed Previous Edition Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102
  • 98. 7 EXECUTIVE SUMMARY This Annual Action Plan outlines the activities which will be undertaken during the program year beginning October 1, 2013 and ending September 30, 2014 using federal funds granted to the City of San Angelo by the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and HOME Investment Partnerships grant (HOME) programs. Programs and activities described in this plan are intended to primarily benefit low-income and moderate-income residents of the City of San Angelo, neighborhoods with high concentrations of low-income and moderate-income residents, and the city as a whole. Specifically, the plan identifies resources, addresses objectives and outcomes for funded activities, provides a description of geographic areas being affected, outlines plans to address the needs of the homeless and special needs citizens, and addresses the city’s goals as they relate to affordable housing. Based on citizen recommendations, the city plans to focus on four major activities: neighborhood revitalization, housing rehabilitation/preservation, clearance, and tenant-based rental assistance. Objectives and outcomes: These activities address goals set in the 2010-2014 Consolidated Plan and meet one of the three objectives of the CDBG program: 1. Creating a Suitable Living Environment 2. Providing Decent Housing 3. Creating Economic Opportunities Moreover, funded activities will address, and are consistent with, the following three outcome categories as outlined by the Outcome Performance Measurement System published in the Federal Register on June 10, 2005 (70FR 34044): 1. Improving availability or accessibility of units or services 2. Improving affordability not just of housing but of other services 3. Improving sustainability by promoting viable communities Evaluation of Past Performance: The City of San Angelo has been successful over the past year in furthering key housing objectives and goals cited in the 2010-2014 Consolidated Plan. We met or will have met all of the annual goals for emergency and housing repairs, tenant- based rental assistance, the Homebuyers Assistance Program (HAP), demolition and new home construction. Completion data for all projects will be reported in the Consolidated Annual Performance & Evaluation Report (CAPER). Citizen Participation: This plan is the product of public outreach consistent with the City of San Angelo’s 2010-2014 Five-Year Consolidated Plan. Public participation efforts included several public meetings and hearings, discussions with agencies and groups that provide services, assist and/or advocate for low-to-moderate-income citizens. The Community & Housing Support (CHS) staff provided program information to include eligible activities and funds available for 2013. During these public meetings held throughout the city at various times and locations, public comment was received regarding the allocation of CDBG and HOME funds. All comments were accepted. In addition, a 30 day public comment period was provided from July 2, 2013 thru August 2, 2013.
  • 99. FEDERAL RESOURCES Over the past several years, the City of San Angelo has seen an annual reduction in funding for both CDBG and HOME funds with only a few exceptional years where the city saw slight increases in CDBG funds. Although these reductions adversely affect the city’s ability to meet the needs of low-to- moderate income citizens, we will continue to strive to meet or exceed our goals by finding and taking advantage of synergies with local organizations and government entities wherever possible. Federal Resources CDBG HOME TOTAL Federal Entitlement $739,584 $245,399 $984,983 Estimated Program Income $40,000 $22,000 $62,000 Estimated Total Funds Available $779,584 $267,399 $1,046,983 Program Administration Caps CDBG HOME CDBG Federal Entitlement $739,584 $245,399 Estimated Program Income $40,000 na Administration Cap Allowance $155,917 $24,539 Planned Administration Expenditures $155,917 $11,399 CDBG Public Service Activity Cap CDBG CDBG Federal Entitlement $739,584 Prior Year Program Income $40,000 Public Service Cap Allowance $116,938 Planned Public Service Expenditures $0 HOME CHDO Set-Aside HOME HOME Federal Entitlement $245,399 Minimum Required CHDO Set-Aside $36,810 Actual Amount Set-Aside $90,000
  • 100. 9 ACTIVITIES TO BE UNDERTAKEN The following tables list the activities and programs that will be supported using 2013 CDBG and HOME funds. CDBG Projects Allocation Administration/Planning CHS Admin $155,917 Rehab/Preservation CHS - Housing Rehab Program $414,954 Program Delivery $126,985 Rehab Projects $177,969 Emergency Repairs $110,000 Helping Hands $20,000 Clearance Code Compliance $38,000 Debt Service Section 108 Loan Repayment $150,713 HOME Projects Allocation HOME Admin $11,399 Homebuyer Assistance Program $115,000 MHMR – Tenant-based Rental Assistance (TBRA) $51,000 Galilee CDC (CHDO Set Aside Reserve) $90,000
  • 101. 10 PROPOSED CDBG/HOME PROJECT DESCRIPTIONS Listed below are detailed descriptions of activities recommended for funding under 2013 CDBG and HOME grant programs. Descriptions include timelines for each project, additional funding received for specific use of the project, and what national/local objectives the project addresses. CDBG FUNDED PROJECTS $155,917 CDBG Administration/Planning Staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation of CDBG and HOME programs. Additional Funding: None NATIONAL OBJECTIVE: NA CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 21A General Program Administration §570.206 $414,954 City’s Housing Rehabilitation Program Continues funding for the Housing Rehabilitation/Preservation Program which includes: • Housing Rehabilitation • Emergency Repairs • Program Delivery Housing Rehab - $177,969 will be for Housing Rehab loans/grants. Assistance will be provided to at least 5 eligible low/moderate income homeowners and at least 5 eligible rental units within the city limits of San Angelo. Expenditures for homeowner rehabs are limited to $24,999.00 per project. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on requirements set by HUD regulations. Rental rehab properties will be capped at $15,000 per project and will require landlords to invest personal funds into the project. Landlords will also be required to adhere to affordability timelines and HUD rent limits and caps for the duration of the affordability period. Projects are scheduled first come first served and will be executed throughout the year. Emergency Repairs - $110,000 will fund 100% grant for low/moderate income homeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situation or condition that occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. The goal for this funding is to complete repairs for approximately 40 unduplicated households. Services continue throughout the year. Program Delivery - $126,985 will fund salaries and benefits for program staff and provide funds for operating the Rehab programs. Additional Funding: None NATIONAL OBJECTIVE: Benefit 100% low/moderate income households CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202
  • 102. 11 $38,000 Code Compliance Funds the salary and benefits for a City of San Angelo Code Compliance Officer. This officer will be assigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junk appliances, refuse, unsightly material and temporary signs, and related state laws in low/moderate income areas defined by the 2010 Census. On average, the Code Compliance Division performs about 2900 compliance activities annually, which include inspection, re-inspection and violation documentation in low/moderate income areas. The service provided by the officer will aid in the elimination of conditions which are detrimental to health, safety and public welfare in targeted areas of the City. Year-long project. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 15 Code Enforcement Activities §570.202(c) $150,713 Debt Service Repayment of the Section 108 Loan for Rio Vista Park Renovation and the Producer’s Park Development. This loan totaling $2,035,000 plus interest will be paid back over period not to exceed 20 years. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Public Facilities ELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c) $20,000 Helping Hands Funds minor repairs to provide cost-free, safe, secure, and weatherproof housing for elderly homeowners. The Helping Hands program will be used to assist with minor repairs to plumbing, electrical, and other conditions that present an unsafe or unsanitary condition for the homeowner. Approximately 30 homeowners will be assisted through the Helping Hands Program. Projects are scheduled twice a year using community volunteers. Additional Funding: $16K from United Way NATIONAL OBJECTIVE: Benefit 100% low/moderate income persons CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202
  • 103. 12 HOME FUNDED PROJECTS $126,399 City’s Affordable Housing Program Funds provided for HOME administration and Homebuyers Assistance Programs to continue to revitalize the current City Council identified Rio Vista, Blackshear, Reagan and Fort Concho target areas through down payment and closing cost assistance. Of the amount allocated, $11,399 will provide for administration costs and $115,000 will provide approximately 15 families down payment and closing cost assistance to purchase a home. Projects will be executed throughout the year. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons Benefit CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 12,13,14A Affordable Housing/Site Improvements Rehabilitation/New Construction §92.205(a) $51,000 MHMR Tenant-based Rental Assistance Funds provide tenant-based rental assistance (TBRA) to 21 clients with a chronic mental illness residing within the San Angelo city limits over a period of a year. The HOME funds requested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the City of San Angelo that meets HUD’s minimum Housing Quality Standards. Yearlong services will be provided. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Special Needs/Homeless Populations ELIGIBLE ACTIVITY: 05S Tenant-Based Rental Assistance §92.205(a) $90,000 Galilee Community Development Corp – CHDO Construction Grant Funds provide for new home construction for low/moderate income residents. GCDC’s current goal is to build at least 3 homes with the 2013 allocation and with other resources. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Affordability Housing ELIGIBLE ACTIVITY: 12 Construction and Housing §92.2.05(a)
  • 104. 13 SUMMARY OF OBJECTIVES AND OUTCOMES The mission of the City’s Community & Housing Support Division is to help increase homeownership, support community development, eliminate blight and increase access to affordable housing for low-to- moderate income citizens. We execute the mission through a variety of programs that includes minor and complete rehabilitation, new home construction, homebuyer’s assistance, demolition, and emergency repairs. Whenever possible, the city creates partnerships and synergies with local non-profit organizations that provide services and housing opportunities to low-to-moderate income citizens. These organizations include Community Housing Development Organizations (CHDO) and Habitat for Humanity. The City of San Angelo has established three main objectives which are consistent with the 2010-2014 Consolidated Plan and meet one of the three national objectives of the CDBG program: - Creating a Suitable Living Environment - Providing Decent Housing - Creating Economic Opportunities Our plan to meet these objectives covers a myriad of activities. Some of these activities include increasing code enforcement efforts in low-to-moderate income target neighborhoods, coalescing with non-profit organizations that provide home repair to target citizenship, increasing the number of recreational facilities in target neighborhoods to include parks, expanding access to affordable rental housing, increasing the number of housing rehab projects across the city, increasing demolition activities in blighted areas, and exploring new housing opportunities with housing partners. As we work to meet these objectives, we anticipate that all funded activities will address, and are consistent with, at least one of three outcomes: - Improving availability or accessibility of units or services - Improving affordability not just of housing but of other services - Improving sustainability by promoting viable communities
  • 105. 14 Meeting Objectives Matrix Suitable Living Environment Decent Housing Economic Opportunities Avail Afford Sustain Avail Afford Sustain Avail Afford Sustain Hsg Rehab Programs Emergency Repairs Code Enforcement HAP MHMR - TBRA CHDO Set- Aside Section 108 Park Improvements Helping Hands CDBG & HOME Project Tie-in to Annual Objectives and Outcomes One-year Housing Goals (PY2013) NON-HOMELESS SPECIAL NEEDS Emergency Repairs 40 Rehabilitation 40 New construction 3 Rental Assistance 21 First-time Homebuyers Assistance 15 GEOGRAPHIC DISTRIBUTION Community-wide projects are directed toward low-to-moderate income persons and are usually carried out throughout targeted low-to-moderate income Census Tract Block Groups. These projects are offered on a community-wide basis because, while there are distinct areas with high concentrations of low-to-moderate income populations within the City, over the years the low-to-moderate income population has spread throughout the community. This is especially true for elderly and special needs residents. Out of fairness to all eligible low-to-moderate income residents, these programs are offered on a city-wide basis.
  • 106. 15 Community-wide projects: Emergency Repair Program Housing Rehabilitation Programs (rental/homeowner) MHMR TBRA Program Helping Hands Target Area projects consist of those projects conducted in four City Council designated target areas, Rio Vista, Blackshear, Reagan, and Fort Concho. Code Compliance will be conducted strictly in target area neighborhoods as well as new home construction earmarked for the Neighborhood Revitalization Program. Galilee Community Development Corporation is currently the only CHDO that has applied for 2013 CHDO set-aside funds. Although CHDO funds are not limited to target areas, Galilee has decided to focus on the target areas for their operations. Approximately $186K will be expended specifically in the neighborhoods targeted for revitalization which equates to 18% of total CDBG & HOME funds available for the program year. AFFORDABLE HOUSING FOR HOMELESS/SPECIAL NEEDS The City of San Angelo’s annual goals as they relate to homeless and special-needs households are identified below. Steps taken to end Homelessness: The City undertook a study of the homeless population in San Angelo in an attempt to further define the homeless population, identify gaps in serving the needs of the homeless, and finding solutions and funding sources to fill the gaps in service delivery. The study identified fifteen agencies that provide some level of homeless support. These agencies will continue to operate to combat homelessness. Special Needs: MHMR Services of the Concho Valley will receive HOME funds to provide tenant- based rental assistance (TBRA) to 21 clients with a chronic mental illness residing within the San Angelo city limits over a period of a year. The HOME funds requested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the City of San Angelo that meets HUD’s minimum Housing Quality Standards. Initial and annual inspections of the units are required in order to assure that the funds are being used for decent, safe and sanitary properties. Housing rehabilitation assistance through the Community & Housing Support Housing Rehabilitation Program, Emergency Repairs Grant Program and Helping Hands will be provided to low-to-moderate income home owners with disabilities by funding renovations necessary to make their homes accessible. Historically, at least 60 homeowners annually have been assisted with such services. We expect the trend to continue. Construction of a handicap accessible duplex at the Forest Park Duplexes was completed during the 2007 Program Year, adding affordable housing units for two elderly or disabled people/households. The HOME funded Forest Park Duplexes now provides affordable housing to 10 elderly or disabled people/households in 2013.
  • 107. 16 Galilee Community Development Corporation will provide handicap accessibility features in houses constructed under its HOME funded New Construction Program when such features are requested by participant families. PUBLIC HOUSING The PHA will continue to offer 174 public housing units consisting of 90 Low Rent Public Housing Family units, 60 elderly units, and 24 Acquisition Project units. The Desert Shadows complex will continue to offer 224 units for rent, but under the Land Use Restriction Agreement in effect only 112 of those units are available at less than market rent for low-to-moderate income tenants. The PHA will continue to provide the Housing Choice Voucher Rental Assistance Program, formally known as Section 8 to serve qualified low-to-moderate income families in San Angelo. During FY 2002, the Housing Authority sold two of its Affordable Housing Program apartment complexes which resulted in a decrease of affordable housing units operated by the PHA from 221 to 168. Because of a Land Use Restriction Agreement (LURA), the two complexes will continue to benefit 53 lower income families in the City of San Angelo through private operation until expiration of the LURA. During FY 2004, the Housing Authority sold a third Affordable Housing Program apartment complex to a local hospital. The PHA accomplished having the LURA removed so that the hospital could demolish the complex and use the land for other non-housing purposes. This resulted in a decrease of 56 affordable housing units. PHA now has only 112 affordable housing units under its operation. The PHA intends to make modifications to public housing based on the Section 504 needs assessment. They intend to install lighting to enhance security; complete modernization of 1-2 units per year for the next five years; convert units to total electric for all units over the next five years. The PHA indicated that it will employ effective maintenance and management policies to minimize the number of public housing units off-line and reduce the turnover time for vacated public housing units. The PHA is also planning to continue a winterization program to properly seal and insulate windows and doors and improve the efficiency of all units through the purchase of “Energy Star” rated systems. The PHA has partnered with the local SAPD to implement a Crime Free program to reduce crime and vandalism. This addition to the residents lease will include all Public Housing residents as well as residents living in the Affordable Housing program. In 2012, The Housing Choice Voucher program was awarded twenty-five additional vouchers to assist HUD’s mission of eliminating homelessness among veterans. The Veteran’s Affairs Supportive Housing program is fully leased due to efforts of the PHA staff and a partnership with the Big Springs VA office. With the addition of these twenty-five vouchers the PHA has 808 Housing Choice Vouchers to offer low and very low income families. For 2013, the PHA will continue to encourage residents to submit responses both telephonically and in writing concerning any PHA matters. In addition, the Executive Director holds quarterly sessions concerning quality of life matters. The resident Advisory Group provides input to the PHA. Also, the PHA has resident volunteers as Area Block Captains to provide input and notify the PHA of any site concerns.
  • 108. 17 BARRIERS TO AFFORDABLE HOUSING The major barrier to affordable housing is still a lack of funds. While education and/or job training may provide a means to increasing income and improving living conditions for some low income families, low income elderly and disabled will not likely be able to achieve these goals through education or job training. Slow economic development in San Angelo is another barrier to affordable housing for some citizens. The City of San Angelo has undertaken aggressive measures to remedy the problem. One of those measures was to extend the ½ cent sales tax to fund performance-based job creation and business retention. The City of San Angelo Development Corporation (COSADC) provides grants to businesses interested in setting up or expanding operations in San Angelo. Types of businesses include manufacturing, warehousing/distribution, data processing, telecommunications services, research and development, information services, correctional institutions, mining, and agricultural services. Other efforts to reduce barriers to economic development include: • Tax Abatement (using net present value of the abatement) • Financing (using amount COSADC guarantees, participates or lends directly) • Infrastructure Improvements • Land Purchases, leasehold improvements and construction (using amount provided by COSADC) • Training expense reimbursement • Relocation expense reimbursement for equipment and/or personnel Other Assistance: San Angelo’s public and private sectors work together to help create an atmosphere for new job creation. The Chamber of Commerce can provide coordination of services such as incentives, training, financing arrangements, available land and building location service, and refer business owners to helpful services provided by our Angelo State University Small Business Development Center and the Concho Valley Center for Entrepreneurial Development. The City of San Angelo Council and staff believe that it does not have regulatory provisions which bar or create barriers to affordable housing. The City Council is keenly aware of the need to keep permit fees and property taxes low and is committed to raising fees and taxes only when absolutely necessary for essential services. On May 18, 2010, the City Council adopted the 2009 International Building, Existing Building, Residential, Energy, Fire Plumbing, Mechanical and Fuel Gas Codes. They also adopted the 2008 National Electric Code. Several of the codes were modified to reflect local building practices. City of San Angelo building permit fees were increased by the Council in 2003; however, following a survey of comparable cities in Texas conducted by the City of San Angelo Permit/Inspections Department, permit fees for new construction remain in line with other cities in our area and those throughout the state which are of similar size. In 2013, the City will continue to review its various development standards and building codes to identify any potential barriers to the production or maintenance of affordable housing. It should be noted that the City has waived permit fees for construction projects funded under the Neighborhood Enhancement/Revitalization Program and will continue to do so during 2013. Additionally, through the City’s Urban Redevelopment Program, tax lots may be purchased for $750.
  • 109. 18 In addressing the barriers to affordable housing, the City will continue to offer its owner-occupied Housing Rehabilitation Program and the Neighborhood Revitalization/Enhancement Program and will continue its 100% Emergency Repairs Grant Program through the Community & Housing Support Division. The Community & Housing Support Division will also administer the Homebuyers Assistance Program which offers down payment and closing cost assistance to low to moderate income homebuyers and will continue to operate the eight-unit Forest Park Duplexes for low to moderate income elderly or disabled residents. OTHER ACTIONS During grant year 2013, the City of San Angelo will take action to address obstacles to meeting underserved needs in several areas as discussed below. Foster and Maintain Affordable Housing Low and moderate income persons should have decent, safe, sanitary, and affordable housing. To address this continuing problem, the City will offer its owner-occupied and rental single family housing rehabilitation and emergency repairs 100% grant programs as well as its Neighborhood Revitalization/Enhancement Program to qualified low-to-moderate income households. Owner- occupied and rental single family housing rehabilitation is critical to aging neighborhoods, especially lower income neighborhoods, in preventing slum/blight conditions from developing. Such neighborhoods have large concentrations of single parent families and elderly residents who lack the financial and/or physical ability to provide even routine maintenance and repairs. Unless these neighborhoods are addressed, neglect will occur and will ultimately result in deterioration of the housing stock and contribute to the further decline of these neighborhoods. The Housing Rehabilitation Program is funded with $177,969 of 2013 CDBG funds. Rehabilitation assistance to low-to-moderate income persons will be made in the form of both grants and no-interest loans. In addition, an allocation of $110,000 of 2013 CDBG funds will enable the department to continue an Emergency Repairs 100% Grant component to the Housing Rehabilitation Program, which will provide assistance with a 100% grant up to $5,000 for homeowners who are not financially able to make a commitment to the loan component of the grant/loan program. In addition, the city will fund Helping Hands that will target rehabs of elderly homeowners, allocating $20,000 for 2013 program year. Down payment and closing cost assistance will be provided for income qualified homebuyers under the City’s Homebuyers Assistance Program (HAP) which has been allocated HOME funds in the amount of $115,000. The assistance will be provided as a forgivable, no-interest deferred payment loan which will not have to be repaid as long as the homeowner occupies the home as his or her principal residence for the full five year affordability period. To further aid in addressing the priority of Housing, the City will assist Galilee Community Development Corporation in construction of three houses for low-to-moderate income families. HOME funds will be provided for tenant-based rental assistance to 21 persons/households. Additional information regarding the City’s Housing objective is contained in this Annual Action Plan under Activities to be undertaken. Lead-Based Paint Hazards
  • 110. 19 The HOME Neighborhood Enhancement/Revitalization rehabilitation component and Housing Rehabilitation Program will adhere to the HUD Regulation on Lead-Based Paint Hazards in Federally Owned Housing and Housing Receiving Federal Assistance, 24 CFR Part 35, Subpart J, that went into effect on September 15, 2000. In response to this regulation and as one of the 2000 Annual Action Plan goals, CHS staff prepared and incorporated a chapter on Lead-Based Paint Hazards in its rehabilitation program guidelines, which is applicable to both CDBG and HOME funded activities. The CHS Housing Program Coordinator received training in 2005 and is currently certified by the State in order to carry out the required lead-based paint inspections, risk assessments, interim control/abatement work, lead abatement supervisor, and clearance testing. In addition, CHS developed and teaches a Lead-based Paint Safe Practices Class for contractors. The class is aimed at providing contractors knowledge of LBP hazards and abatement processes and techniques. Anti-Poverty Strategy The City recognizes that its future economic viability rests with elimination of poverty. San Angelo has and will continue to undertake efforts in housing and supportive services to improve the quality of life of its low-to-moderate income residents so long as funding for such activities is available. The major factor in predicting poverty and locking people into a life of poverty is the lack of education and job skills. Being without requisite education and skills necessary to obtain a job paying more than minimum wage prevents many residents from departing the ranks of the impoverished. Therefore, workforce development and area-wide economic development have been identified as priorities which will aid the City in reducing the number of persons living below the poverty level. The West Texas Training Center, which opened January 3, 2001, is located on property owned by the City and is the focal point of a cooperative effort amongst the City, San Angelo Independent School District, Angelo State University, Howard College, the Chamber of Commerce, and regional business, industry and health care organizations to meet the occupational training needs of the Concho Valley region and West Texas. The Center was renovated/constructed through funding provided by $1.2 million in an EDA grant, $925,000 from a State Special Item Appropriations grant, $40,000 from Howard College and additional funding from the San Angelo Health Foundation. Institutional Structure and Coordination of Activities The City of San Angelo Community & Housing Support Division, which administers CDBG and HOME funds is a division of the municipal government. The PHA is a separate entity with a Board of Directors appointed by the Mayor of the City of San Angelo. However, the CHS staff will continue to work with the PHA staff to leverage other federal funds earmarked for affordable housing. As established by the many cooperative efforts undertaken by the City of San Angelo described previously in this Plan, coordination of activities is an ongoing process. In 2013, the CHS staff will continue to provide technical assistance to all non-profit organizations within the City, particularly those which are the Subrecipients of CDBG and HOME funds and those which are HOME Community Housing Development Organizations. The staff typically provides technical assistance on the availability of federal grants and the availability of private grants and funds to include faith-based organizations. Technical assistance is also provided on program compliance, documentation, and monitoring matters.
  • 111. 20 PROGRAM-SPECIFIC REQUIREMENTS The activities planned provide for the expenditure of all CDBG funds expected to be available during the program year, including program income. No amount has been excluded for eligible activities that have been identified for the contingency of cost overruns. There is no surplus from urban renewal settlements. No grant funds have been returned to the line of credit for which the planned use has not been included in a prior statement, plan or amended plan. No income will be received from float funded activities in 2013. No “urgent need” activities are allocated 2013 CDBG funding. Approximately 80% of CDBG funds will be used to benefit low-to-moderate income persons. HOME investments by the City of San Angelo in fiscal year 2013 will consist of grant funds and program income funds. No HOME funds will be used to refinance existing debt secured by multi-family housing being rehabilitated with HOME funds; therefore, no such guidelines are required. The City intends to use 2013 HOME funds for First-time Homebuyers. Our guidelines for recapture of funds are included in the City’s HOME program documents for the Home Buyer’s Assistance Program, the Neighborhood Enhancement/Revitalization Program which includes a down payment and closing cost component, and Galilee Community Development Corporation’s housing construction program, all of which assist homebuyers. All housing under these programs must be acquired by homebuyers whose family qualifies as low-income and the housing must be the principal residence of the family throughout the applicable affordability period. In the case of default, the case will be handed to the City’s Legal Department in order to initiate foreclosure proceedings. Recapture of Funds The CDBG/HOME investment subject to recapture is based on the amount of assistance provided and the affordability period on which it is based. Repayment of proceeds at transfer of the property must be reinvested in another HOME-eligible activity. The beneficiaries of that investment must also be low- income households. In the event of a sale, short sale, and/or foreclosure, the amount recaptured will be limited to the amount of “net proceeds” available at the time of such occurrence. Tenant-based Rental Assistance (TBRA) In San Angelo, the price of a one bedroom all bills paid ranges from $379 to $450 per month. However, due to increased utility bills, very few apartment complexes offer the all bills paid option adding an enormous financial burden on special needs persons with low incomes. Moreover, HUD Section 8 program has extended its waiting period up to 2 years further emphasizing the need for TBRA for special needs persons. MHMR Services of the Concho Valley will receive HOME funds to provide TBRA to 21 patients with a chronic mental illness residing within the San Angelo city limits over a period of a year. The HOME funds requested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the City of San Angelo that meets HUD’s minimum Housing Quality Standards. Initial and annual inspections of the units are required in order to assure that the funds are being used for decent, safe and sanitary properties. Minority Outreach For all HOME project bids CHS ensures fair and sufficient notice to all businesses and contractors, including minority owned businesses. These notices are advertised in the local newspaper and on the local public television station. Additionally, the CHS staff mails out personal letters to local vendors/contractors encouraging them to participate in HOME programs. We also conduct telephonic
  • 112. 21 personal contact with minority owned businesses to explain our programs and urge those businesses to participate. Community & Housing Support is partnering with the West Texas Organizing Strategy (WTOS), a neighborhood support group, to provide minority outreach predominately in the target areas which are mainly populated with low-to-moderate income minority families. Outreach has and will include participation in housing fairs in several target areas and train the trainer sessions that will arm WTOS volunteers with information on CHS programs, which then will be relayed to minority persons via WTOS volunteers. MONITORING PLAN It is incumbent upon the City to require compliance with all applicable federal requirements and to assure the appropriate expenditure of funds. To ensure accountability for public funds and timely progress toward Consolidated Plan goals, the City of San Angelo employs and will continue to utilize a comprehensive monitoring plan. To assure adequate quality control and to demonstrate compliance with the applicable federal rules, the essential aspects of this monitoring plan include both quantitative and qualitative elements as follows: • Establishment and clear communication of performance standards and goals through the Annual Action Plan and Subrecipient Agreements; • Consistent maintenance of accurate and complete records by both the Department and Subrecipients; • Verification of accountability throughout term of contract and documentation of same by monitoring and preparing a written report concerning each request for reimbursement, which will be shared with the respective Subrecipient; • Frequent communication with Subrecipients through written correspondence, telephone conversations, and meetings as appropriate; • Provision of technical assistance for assurance of compliance with federal regulations and contract requirements; and • On-site monitoring visits as needed and documentation regarding same, which will be shared with the respective Subrecipient. These activities are within the Community and Housing Support Department’s staff capabilities, time, and financial capacity and will provide a reasonable and accurate test for program and contract compliance. Compliance monitoring will occur on both projects implemented directly by the City and those operated by Subrecipients. For example, all housing rehabilitation activities must meet the Housing Quality Standards prescribed by HUD and the City’s applicable minimum code requirements. The Housing Rehabilitation Program Administrator will conduct periodic interim inspections and final inspections to verify correct methods and materials as well as quality workmanship and timely completion of the specified work. All rehabilitation projects will include a quality control interview to ascertain owner satisfaction. Ultimately, the nature of each Subrecipient project will determine the exact scope and method of monitoring activities for that project undertaken by the City. All Subrecipients receiving grant funding from the City Council to implement certain Consolidated Plan activities and goals will be required to
  • 113. 22 enter a written funding agreement with the City. The agreement will define the responsibilities and scope of work related to each project or program. Each contract will provide for correction of deficiencies or continued non-compliance with requirements of the contract. All contractors will be required to carry the minimum levels of insurance prescribed by the City and Certificates of Insurance must be provided before the project can be started. On-site monitoring of each Subrecipient will occur as needed to ensure compliance, maintenance of adequate and accurate records, and proper use of funds. Subrecipients will be required to develop a system to verify client eligibility as well as a system for maintaining grant-funded project files. Subrecipients will be required to provide periodic reports supplying pertinent program information, which will be reviewed for compliance with contract terms and federal regulations. Technical assistance will be provided to each contractor and Subrecipient as appropriate to achieve compliance with the monitoring plan requirements. Monitoring Housing Programs The City of San Angelo intends to use the existing housing delivery system to achieve its production and service goals. While this will include managing some in-house programs, many programs and services will be contracted out to sub-grantees such as Community Housing Development Organizations (CHDO). For specific development projects, funds will be allocated to eligible projects on a competitive basis. The City monitors housing rehabilitation, new construction, and tenant-based rental assistance activity and all other Community and Housing Support activity carried out by sub-recipients on an as needed basis. The monitoring process also includes an ongoing review of production levels as benchmarked in the Five-Year Consolidated Plan. On a regular basis, the City reviews applications for specific project funding, reviewing all available funds against the needs of projects in the pipeline. This is in addition to reviewing project feasibility, providing technical assistance, and monitoring the progress of projects under construction on an on- going basis. On a monthly basis, the City reviews all sub-grantee operating expenses by examining bills and supporting documentation for monthly program expenditures, including administrative and construction costs. The City comprehensively reviews Subrecipient/Sub-grantee performance levels; reviews overall performance against goals, as well as analyze consolidated budget statements. The City conducts regular ongoing site visits as well as program and tenant file monitoring of the Home Neighborhood Revitalization Programs that include Homebuyers Assistance Program (HAP), Home Ownership Program, Tenant-based Rental Assistance, and CHDO housing program to ensure compliance with program goals and federal regulations. On-site visits are scheduled based on the experience and performance of subrecipients/sub-grantees. The more experience and the better a subrecipient/sub- grantee performs, the less often the city needs to monitor on site. However, the city regularly, if not monthly monitors client information to ensure eligibility. Property inspections are built into our service delivery system and are conducted as prescribed by HUD. Properties are closely monitored beginning at the time funds are committed to the completion of construction or rehabilitation, with monitoring that follow in subsequent years.
  • 114. 23 Pre-Inspection: Once a client is eligible for assistance, a pre-inspection of the residential structure will be conducted for: • Emergency repair • Rehabilitation • Homebuyers assistance (HAP) • Tenant-based rental assistance (TBRA) Pre-inspection is necessary to access the level of rehab assistance required and to confirm problems reported by client in the case of rehab and emergency repair activity. Pre-inspection is also necessary to ensure homebuyer and TBRA dwelling meet minimum Housing Quality Standards (HQS) and are acceptable candidates for both HAP and TBRA programs. A standard housing quality checklist which was derived from the city’s latest building codes is used for determining suitability for HAP & TBRA programs. For rehab, a local CHS Construction Inspection form will be used to assess required assistance. For emergency repairs, a visual inspection accompanied by photo records will be conducted. Final Inspection: A final inspection is conducted to ensure all work identified in the specifications are completed for rehab, reconstruction, and new construction. The CHS Construction Inspection form will be used for the final inspection in these cases. For emergency repairs, only a visual and photo record are conducted to ensure completion of work. One-year Housing Quality Standards Inspection: For new home construction a one-time quality inspection will be conducted by the Housing Rehab Program Administrator at the one year anniversary of project completion to ensure all items under warranty are in compliance to local codes and quality standards. Contractors will be required to remedy findings by the Inspector per contract specifications. Affordability Periods: Annually, the HOME Program Administrator and Housing Rehab Program Administrator conduct inspections on HOME and CDBG funded units to include CHDO built units to ensure compliance to the affordability period as stated in the legal documents. This will be accomplished by the following: 1. Check the current water bill with the Water Billing Department to ensure the client is still the main recipient at the appropriate address 2. Check with the Tom Green County Appraisal District to ensure name on tax roles has not changed 3. If the name listed in either the water bill or tax role does not match original client’s name, a title search will be conducted followed by a site visit. 4. If non-compliance to the affordability period is discovered, action to recapture funds will be taken.
  • 115. 24 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about – (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
  • 116. 25 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which I t is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manager Title
  • 117. 26 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s), (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
  • 118. 27 Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature of Authorized Official Date Title City Manager
  • 119. 28 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing. Signature of Authorized Official Date Title City Manager
  • 120. 29 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F.
  • 121. 30 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces).
  • 122. 31 CITIZEN COMMENTS Neighborhood Meetings Southside Recreation Center 4/23/13 St Paul’s Presbyterian Church 4/25/13 • Staff began public meetings with introductions and request from citizens to provide input on how to spend the annual CDBG/HOME grant funds. After initial comments, staff provided status of funds. Specific comments: Funding is radically going down. CDBG is currently finding homeowner rehab, emergency repairs, Neighborhood Blitz, demolition, code compliance, and tenant landlord mediation services. HOME is currently funding HAP, CHDO, and TBRA for special needs. Housing committee formed to address oil boom housing issues is talking about low income families getting kicked out when oil workers come in and can afford a higher rent. The solution we want to bring to the table at this time is a rental rehab program. Provide landlords with low interest loans to repair homes and rent to low/mod income families. Max of $15k, Landlords invest 25%, partially forgivable loans, affordability of 5-7 years depending on amount loaned. • Comment: What solution can you provide to people who come in looking for rentals and they can’t afford to get into a rental to begin with? • Response: We will restrict landlords in this program to only rent to low/mod income during the affordability period. • Comment: What kind of housing stock are you talking about? 2-3 bedrooms? 1 bedroom? • Response: It depends on what stock the landlords who want to participate in this program will have. • Comment: Where’s the accountability? • Response: We spec out the house and determine repairs. We inspect to ensure repairs are done correctly and in full, and we will monitor that tenants are low income. • Comment: I sit on the housing committee and I think this program would be excellent as presented. It works in Corpus Christi. I think the idea is great, but you will have to sweeten it for landlords, like make it a grant, invest more money, and shorten the affordability. • Comment: Is there any knowledge of any businesses to bring in more multifamily units? • Response: Yes, but it is 2 years out and not affordability restricted. We are looking to incentivize tax credits and build 30-35 units in the Rio Vista area. • Comment: In 2 months, builders have gone from saying they want to build $150k homes and up, to wanting to build homes at $175k and up. Rehabs are the only available stock that can remedy the problem we have now. Not only that, but when the (oil) boom leaves, the $100k homes will be left and the low income will flock there and we will be left with slums if we don’t rehab now. • Comment: What is the homeless count now?
  • 123. Target Area Maps
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  • 125. City of San Angelo Memo DATE: June 20, 2013 TO: Mayor and Council Members FROM: Robert Salas, Director, Neighborhood Services SUBJECT: Agenda Item for July 16, 2013 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Regular Consideration of approval and public hearing of the 2013 Annual Action Plan for use of CDBG and HOME funds and authorizing City Manager to execute the applications, required certifications, related documents and annual funding agreement for $739,584.00 of CDBG funds and $245,399.00 of HOME grant funds. -------------------------------------------------------------------------------------------------------------------------------- SUMMARY: The 2013 Annual Action Plan (AAP) is a document required of all entitlement cities receiving annual Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). HISTORY: The AAP is the City’s application for its 2013 CDBG and HOME funding. The Plan includes a summary of resources available, objectives and goals as they relate to affordable housing, outcome measures, geographic distribution, and barriers to affordable housing. Approval the 2013 AAP will authorize the City Manager to execute the application for Program Year 2013 funding, required certifications and any other related documents, to include the annual funding agreement with HUD and file all documents with HUD. Funding allocations for 2013 were made by the City Council on June 18, 2013. The City expects to receive $739,584.00 in CDBG funds and $224,399.00 in HOME funds from the U.S. Department of Housing and Urban Development (HUD) for Grant Year 2013. Additionally, we anticipate receiving $40,000 in CDBG program income, $22,000 in HOME program income. FINANCIAL IMPACT: The 2013 AAP is required to be submitted in order to receive federal funding from HUD for 2013 CDBG and HOME grants. RELATED GOAL ITEM: None. OTHER INFORMATION/RECOMMENDATIONS: Staff recommends approval of the 2013 AAP. The Plan and any comments received during the public comment period and public hearing will be forwarded to HUD.
  • 126. ATTACHMENTS: 2013 Annual Action Plan PRESENTATION: By Bob Salas, Director of Neighborhood Services PUBLICATION: Standard Times
  • 127. City of San Angelo Memo Date: July 8, 2013 To: Mayor and Council Members From: Shane Kelton, Director of Operations Subject: Agenda Item for 7-16-13 Council Meeting Contact: Shane Kelton, Operations, 657-4206 Caption: Regular Consideration of approving a request for permit for the transport and disposal of garbage, trash and debris within the San Angelo city limits and any service that is allowed by state law or city ordinance that does not conflict with the City’s contract with Republic Waste Services of Texas and the exclusive rights granted by that contract to Republic Waste Services of Texas for the following companies: 1) Texas Disposal Systems, Inc.; 2) TxAlloy, Inc. DBA Acme Iron & Metal Co. and authorize the City Manager or his designee to execute any necessary related documents. Summary: City Staff has received two applications for permits for the transport and disposal of garbage, trash and debris within the city limits of San Angelo. Both applications are specifically requesting that within the city limits permits are issued to haul waste and recyclable material that is not legally included in the exclusive contract of Republic Services by specific exception, city ordinance, or state law. Both applications are requesting that the permit also allow for the transporting of appropriate waste collected outside the city limits in Tom Green and other nearby counties that are within an economically feasible hauling distance to the City owned landfill for disposal. This permitting request is allowable by ordinance and is at the discretion of City Council. The City currently has a contract and franchise agreement in place with Republic Services to provide for the collection, removal, transport and disposal of garbage, trash and debris within the city limits of San Angelo for residential and commercial services and that contract grants Republic Services exclusive right to provide these services within the city limits with few exceptions. Exceptions include: 1) Commercial, institutional and industrial businesses may, by obtaining a permit pursuant to City Ordinance, haul their own garbage trash and debris; 2) Contractor shall not be required to pick up and/or dispose of any type of medical waste, liquid waste, automotive tires, oil filters, lead acid batteries, petroleum products and by-products and/or explosive material; 3) Recycling services. Based on the City’s current contractual obligations, the issuance of a permit to the two applicants would be limited to the transportation and disposal of garbage, trash and debris within the city limits of San Angelo and any service that is allowed by state law or city ordinance. An example of
  • 128. services allowed by state law and city ordinance could include the collection and disposal of liquid waste as well as providing recycling services within the city limits. By ordinance, issued permits are valid for one year and may be renewed on an annual basis. All permits granted shall be non transferrable and may be revoked by the council after ten days notice and hearing before the council upon a finding by said council that the holder thereof is operating under his permit in such a manner as to be detrimental to the public safety, health or the general welfare of the city. TxAlloy inc. DBA Acme Iron and Metal Co. has been doing business in San Angelo for many years and is located just off of the Houston Harte Expressway close to Bell Street. Texas Disposal Systems is operated out of Austin, Texas but is owned by the same family as TxAlloy. The owners have stated that they currently own property adjacent to TxAlloy and are proposing to operate their local/regional Texas Disposal Systems business from that location. History: To my knowledge, in the seven year history of the Operations Department, this is the first time applications for permits for the collection, removal, transport and disposal of garbage, trash and debris within the city limits of San Angelo have been received from a vendor other than the City’s contracted vendor. Financial Impact: Possible increase in revenue based on an assumption of increased tonnage. Other Information/Recommendation: None Attachments: Permit applications from Texas Disposal Systems, Inc. and TxAlloy, Inc. DBA Acme Iron & Metal Co. Presentation: Presentation by Shane Kelton, Director of Operations Publication: None Reviewed by Service Area Director: Shane Kelton, Operations, July 8, 2013
  • 129. City of San Angelo Memo Date: July 3, 2013 To: Mayor and Councilmembers From: Carl White, Parks & Recreation Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Carl White, 234-1724 Caption: Regular Agenda Item Presentation on the North Concho River and Trails Improvement Project and any action in connection thereto. Summary: Staff will present a PowerPoint presentation to the City Council and the public at the July 16, 2013 meeting on the North Concho River and Trails Improvement Project. The report will include visuals showing progress and schedule and budget information. History: Construction began October of 2011. As of this report, the project is about 90% complete. All bank stabilization is complete. Most of the electrical and lighting work is complete. Fountains are operational. Most of the art work has been installed (except for the light column limestone sculpture panels). Most of the games court area is complete. Phase I of the irrigation (Oakes to Irving) is completed and Phase II (Irving to 1st ) is being installed. Due to the current drought level, all landscaping is on hold. Site furnishings are being installed. Other detail work remains as well as signage. City in-house crews (with substantial help from Texas Department of Criminal Justice workers) have completed most of the trail refurbishments and have begun constructing the new trail section on the south bank from Irving Street to the Visitors’ Center. Contractor is scheduled to be complete mid September. We’re planning on hosting River Fest October 18 and 19 to celebrate the project’s completion. Financial Impact: There is no new or additional financial impact. Related Vision Item (if applicable): Parks and Open Space Vision – increase unstructured recreational opportunities in lieu of programmed activities; develop pedestrian/bike network between park facilities, activity centers and downtown; and increase availability of public restrooms. Community Appearance Vision – cleaner neighborhoods, both residential and commercial. Downtown Vision – approve aesthetics. Other Information/ Recommendation: None Attachments: None Presentation: PowerPoint/Verbal Publication: N/A Reviewed by Director: Rick Weise, Assistant City Manager, July 3, 2013 Approved by Legal: N/A
  • 130. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SUBPART (d) ENTITLED “WATER SUPPLY STAGE- DROUGHT LEVEL I”, OF SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS, THAT: Section 1. THAT, Chapter 11, “Utilities & Solid Waste”, Article 11.200 “Water Conservation and Drought Contingency Plan” of the Code of Ordinances of the City of San Angelo, Section 11.203 “Drought Stages and Water management Measures”, subpart (d) “Water Supply Stage-Drought Level I”, is hereby repealed in its entirety and a new subpart (d) entitled “Water Supply Stage-Drought Level I” of said Section 11.203 is hereby adopted to read as follows: Section 11.203. Drought Stages and Water Management Measures, subpart (d): “(d) Water Supply Stage - Drought Level I. (1) The minimum criteria for this drought stage shall be the following. The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24- month supply. (2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage - Drought Level I. (A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202. (B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.
  • 131. (C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.” (3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202. (A) For single-family residential accounts, an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 25,000 thru 34,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 35,000 thru 44,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 44,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system. (B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period.” Section 2. THAT, the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance
  • 132. Section 3. THAT, this Ordinance shall be effective on the date of its adoption. INTRODUCED on the 16th day of July, 2013, and finally PASSED, APPROVED and ADOPTED on this the 6th day of August, 2013. CITY OF SAN ANGELO ATTEST: BY: Dwain Morrison, Mayor By: Alicia Ramirez, City Clerk
  • 133. City of San Angelo Memo Date: July 10, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: First Public hearing and introduction of an ordinance amending the Water Conservation and Drought Contingency Plan. AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 11, ARTICLE 11.200 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY AMENDING SECTION 11.203 “DROUGHT STAGES AND WATER MANAGEMENT MEASURES” TO LIMIT WATERING OF LAWNS, GARDENS, LANDSCAPE AREAS, TREES, SHRUBS, GOLF COURSES (EXCEPT GREENS) OR OTHER PLANTS BEING GROWN OUTDOORS TO ONCE EVERY SEVEN DAYS PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE. Summary: During the July 2, 2013 City Council meeting, Council requested to amend the Drought Level I of the current Water Conservation and Drought Contingency Plan to limit outside watering to once every seven days during the period of April 1 through October 31. The ordinance currently states that outside water is limited to twice every seven days during the period of April 1 through October 31 during Drought Level I. History: Financial Impact: Other Information/Recommendation: Attachments: Ordinance Presentation: Presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 10, 2013.
  • 134. City of San Angelo Memo Date: July 10, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion of residential water consumption on number of accounts using more than 50,000 gallons a month. Summary: During the July 2, 2013 City Council meeting, Council requested the number of residential water customers using more than 50,000 gallons a month. History: N/A Financial Impact: N/A Related Vision Item (if applicable): None. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Information presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 10, 2013.
  • 135. City of San Angelo Memo Date: July 10, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion and update on the progress and cost to date on the Hickory Groundwater Supply Project including but not limited to contracts for construction and engineering. (Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson) Summary: During the June 18, 2013 City Council meeting, Council requested the contract term dates pertaining to Hickory Project for the engineering firm, the percentage of project completed to date, and a budget analysis of the project outlining the initial contract value, the amount of expenditures paid to date, and the remaining balance of the project to be paid. History: In 2008, City Council followed the Water Advisory Board’s recommendation that the Hickory Aquifer be chosen to be developed as the City’s next water supply source. Following preliminary feasibility studies and the securing of a low interest loan from the Texas Water Development Board, construction on the first Hickory project began in the Fall of 2011. This first project was the installation of the Well Field Pipelines in the existing well field. This project was completed in 2012. The two projects currently under construction are the 30” Transmission Main and the Booster Pump Station and Well Field Improvements. Bids were opened for the construction of the Groundwater Treatment Facility on July 2, 2013. One project is currently advertised for bids, Well Field Expansion – Package 1. One last project is currently in the design phase, Well Field Expansion – Package 2. This last planned project includes equipping the expanded well field with pumps, providing an additional pump at the Booster Pump Station, installation of well field collector mains and construction of well field access roads. Financial Impact: This project is funded from a Texas Water Development Board loan program in the amount of $120,000,000.00. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Project information presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, July 10, 2013.
  • 136. City of San Angelo Memo Date: July 10, 2013 To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Consideration of awarding Water Utility Bid WU-10-13, Groundwater Treatment Facility and Miscellaneous Improvement Projects for the Hickory Aquifer Water Supply Project to PCL Construction, Inc. (Irving, TX) in the amount of $27,132,193.00, and authorizing the City Manager to execute said contract, in substantially the attached form, and related documents (Requested by Mayor Morrison) Summary: Bids have been received from 3 contractors for the construction of the Groundwater Treatment Facility and Miscellaneous Improvement Projects for the Hickory Water Supply Project. Low bid for the project was submitted by PCL in the amount of $27,132,193.00 and the bid had no exceptions to the specifications. History: The Hickory Groundwater Treatment Facility will provide the City treatment capacity of 8 million gallons per day. Financial Impact: Bid amount $27,132,193.00. Funded from Texas Water Development loan program proceeds in the amount of $120,000,000. Related Vision Item (if applicable): Long term water supply. Other Information/Recommendation: The project will consist of the construction of the groundwater treatment facility with the capacity of 8 MGD and new disinfection facility for the groundwater treatment facility and the existing surface water treatment facility. It is recommended that the low bid from PCL be accepted and the City Manger be authorized to execute the contract documents Attachments: Bid Tabulation, award recommendation, and Draft Agreement Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director July 10, 2013
  • 137. Y:13-RFXWater UtilitiesWU1013 Grdwater Treatment FacilityBid Tab-WU1013-Detail 1 of 2 City of San Angelo BID TABULATION * RFB NO: WU-10-13 * July 2, 2013 Groundwater Treatment Facility No Item Description Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 Water Treatment Facility and Miscellaneous Improvements Project, LS 1 8,369,000.00$ $ 8,369,000.00 12,566,500.00$ $ 12,566,500.00 7,596,993.00$ $ 7,596,993.00 2 Peristaltic Chemical Metering Pumps LS 1 115,000.00 115,000.00 100,000.00 100,000.00 120,000.00 120,000.00 3 Liquid Ammonium Storage Tank LS 1 98,000.00 98,000.00 100,000.00 100,000.00 80,000.00 80,000.00 4 Chlorination System LS 1 567,000.00 567,000.00 500,000.00 500,000.00 660,000.00 660,000.00 5 Chlorine Scrubber System LS 1 261,000.00 261,000.00 250,000.00 250,000.00 275,000.00 275,000.00 6 Radium Removal System LS 1 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 7 Pressure Filters and Media LS 1 573,000.00 1,818,000.00 2,000,000.00 2,000,000.00 1,900,000.00 1,900,000.00 8 Side Stream Aeration Equipment LS 1 355,000.00 573,000.00 525,000.00 525,000.00 550,000.00 550,000.00 9 Oxidation Contactor Vessels LS 1 2,537,000.00 355,000.00 400,000.00 400,000.00 320,000.00 320,000.00 10 Civil work, including access roads and gates, yard piping and retaining wall. LS 1 4,630,000.00 2,537,000.00 1,000,000.00 1,000,000.00 3,300,000.00 3,300,000.00 11 Electrical & Instrumentation and Controls LS 1 5,000.00 4,630,000.00 4,000,000.00 4,000,000.00 4,000,000.00 4,000,000.00 12 Trench safety LS 1 60,000.00 5,000.00 10,000.00 10,000.00 5,000.00 5,000.00 13 Demolition & Removal of LRK Building LS 1 - 60,000.00 200,000.00 200,000.00 100,000.00 100,000.00 14 Allowance for Miscellaneous Additional Work LS 1 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 TOTAL 24,877,500.00$ 27,141,000.00$ 24,396,493.00$ ALTERNATE BID A-1 Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended A1-a Additional 2 mgd of treatment capacity for the radium removal system LS 1 1,535,700.00$ $ 1,535,700.00 1,535,700.00$ $ 1,535,700.00 1,535,700.00$ $ 1,535,700.00 A1-b Additional Treatment Capacity LS 1 1,416,000.00 1,416,000.00 1,205,300.00 1,205,300.00 1,200,000.00 1,200,000.00 TOTAL 2,951,700.00$ 2,741,000.00$ 2,735,700.00$ ALTERNATE BIDS A-2 Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended A2 Change Time of Performance for the Base Bid by 90 days LS 1 - - (1,000,000.00) (1,000,000.00) (1,000.00) (1,000.00) Base Bid + Alternate A-1 27,829,200.00$ 29,882,000.00$ 27,132,193.00$ Base Bid + Alternate A-1 & A-2 27,829,200.00 28,882,000.00 27,131,193.00 PCLArcher CSA
  • 138. Y:13-RFXWater UtilitiesWU1013 Grdwater Treatment FacilityBid Tab-WU1013-Detail 2 of 2 City of San Angelo BID TABULATION * RFB NO: WU-10-13 * July 2, 2013 Groundwater Treatment Facility Bids Mailed To: Archer-Western Contr. Arlington TX AUI Fort Worth TX Bryan Construction Bryan TX Craig, Sheffield and Austin Houston TX Eagle Contracting Keller TX Garney Companies, Inc. Kansas City MO Gracon Construction Mesquite TX McCarthy Dallas TX Pepper-Lawson Houston TX Red River Construction Wylie TX Western Summit Constructors Fort Worth TX
  • 139. 14785 Preston Road, Suite 950, Dallas, Texas 78759 P. 972.239.9949 F. 972.239.9117 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Bid Assistance/PCL Award Letter.docx carollo.com July 9, 2013 Mr. Ricky Dickson Water Utilities Director 72 West College Avenue San Angelo, TX 76903 Subject: Hickory Water Supply Project – Groundwater Treatment Facility and Miscellaneous Improvements Project RFB No. WU-10-13 Texas Water Development Board #: 21695 Dear Mr. Dickson: On July 2, 2013, three (3) bids were received by the City of San Angelo (COSA) in conjunction with the above referenced project. Bids were reviewed for completeness and accuracy by COSA and Carollo Engineers. The bids received from the three general contractors are summarized in the attached Bid Tabulation spreadsheet. As you are aware, the treatment capacity of the groundwater facility in the base bid is 6 MGD. Bid alternate 1 is for an additional 2 MGD of groundwater treatment capacity and bid alternate 2 is a deductive alternate, which was included to investigate the cost sensitivity of the bids to a more relaxed construction schedule. The following is a summary of the findings: • COSA received three base bids from general contractors, ranging from $24,396,493 to $27,141,000. • PCL Construction, Inc. was the apparent low responsive bidder for the project with a Total Base Bid Price of $24,396,493, Base Bid plus Bid Alternate 1 of $27,132,193 and Base Bid plus Bid Alternates 1 and 2 of $27,131,193. • PCL completed the required bid forms and provided references, resumes, and additional information required. • Carollo Engineers checked the additional references provided by PCL Construction, Inc. and find no objection to PCL Construction Inc. or the proposed key personnel on the project. Based on the bid evaluation and information provided, we find no reason not to award the Hickory Water Supply Project – Groundwater Treatment Facility and Miscellaneous Improvements to the PCL Construction, Inc. for $27,132,193, which includes the Base Bid plus Bid Alternate 1. This provides an additional 2 MGD treatment capacity with no change to the overall construction schedule from the base bid. This option offers the best value to the City of San Angelo. If you have any questions, please do not hesitate to contact me. Sincerely, CAROLLO ENGINEERS, INC. Hisham (Hutch) Musallam, P.E. Project Manager
  • 140. Mr. Ricky Dickson Water Utilities Director July 9, 2013 Page 2 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Bid Assistance/PCL Award Letter.docx carollo.com HIM:jnm Enclosures: Bid Tabulation cc: File XC: John Muras, P.E., Texas Water Development Board
  • 141. Y:13-RFXWater UtilitiesWU1013 Grdwater Treatment FacilityBid Tab-WU1013-Detail 1 of 2 City of San Angelo BID TABULATION * RFB NO: WU-10-13 * July 2, 2013 Groundwater Treatment Facility No Item Description Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 Water Treatment Facility and Miscellaneous Improvements Project, LS 1 8,369,000.00$ $ 8,369,000.00 12,566,500.00$ $ 12,566,500.00 7,596,993.00$ $ 7,596,993.00 2 Peristaltic Chemical Metering Pumps LS 1 115,000.00 115,000.00 100,000.00 100,000.00 120,000.00 120,000.00 3 Liquid Ammonium Storage Tank LS 1 98,000.00 98,000.00 100,000.00 100,000.00 80,000.00 80,000.00 4 Chlorination System LS 1 567,000.00 567,000.00 500,000.00 500,000.00 660,000.00 660,000.00 5 Chlorine Scrubber System LS 1 261,000.00 261,000.00 250,000.00 250,000.00 275,000.00 275,000.00 6 Radium Removal System LS 1 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 4,989,500.00 7 Pressure Filters and Media LS 1 573,000.00 1,818,000.00 2,000,000.00 2,000,000.00 1,900,000.00 1,900,000.00 8 Side Stream Aeration Equipment LS 1 355,000.00 573,000.00 525,000.00 525,000.00 550,000.00 550,000.00 9 Oxidation Contactor Vessels LS 1 2,537,000.00 355,000.00 400,000.00 400,000.00 320,000.00 320,000.00 10 Civil work, including access roads and gates, yard piping and retaining wall. LS 1 4,630,000.00 2,537,000.00 1,000,000.00 1,000,000.00 3,300,000.00 3,300,000.00 11 Electrical & Instrumentation and Controls LS 1 5,000.00 4,630,000.00 4,000,000.00 4,000,000.00 4,000,000.00 4,000,000.00 12 Trench safety LS 1 60,000.00 5,000.00 10,000.00 10,000.00 5,000.00 5,000.00 13 Demolition & Removal of LRK Building LS 1 - 60,000.00 200,000.00 200,000.00 100,000.00 100,000.00 14 Allowance for Miscellaneous Additional Work LS 1 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 500,000.00 TOTAL 24,877,500.00$ 27,141,000.00$ 24,396,493.00$ ALTERNATE BID A-1 Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended A1-a Additional 2 mgd of treatment capacity for the radium removal system LS 1 1,535,700.00$ $ 1,535,700.00 1,535,700.00$ $ 1,535,700.00 1,535,700.00$ $ 1,535,700.00 A1-b Additional Treatment Capacity LS 1 1,416,000.00 1,416,000.00 1,205,300.00 1,205,300.00 1,200,000.00 1,200,000.00 TOTAL 2,951,700.00$ 2,741,000.00$ 2,735,700.00$ ALTERNATE BIDS A-2 Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended A2 Change Time of Performance for the Base Bid by 90 days LS 1 - - (1,000,000.00) (1,000,000.00) (1,000.00) (1,000.00) Base Bid + Alternate A-1 27,829,200.00$ 29,882,000.00$ 27,132,193.00$ Base Bid + Alternate A-1 & A-2 27,829,200.00 28,882,000.00 27,131,193.00 PCLArcher CSA
  • 142. Y:13-RFXWater UtilitiesWU1013 Grdwater Treatment FacilityBid Tab-WU1013-Detail 2 of 2 City of San Angelo BID TABULATION * RFB NO: WU-10-13 * July 2, 2013 Groundwater Treatment Facility Bids Mailed To: Archer-Western Contr. Arlington TX AUI Fort Worth TX Bryan Construction Bryan TX Craig, Sheffield and Austin Houston TX Eagle Contracting Keller TX Garney Companies, Inc. Kansas City MO Gracon Construction Mesquite TX McCarthy Dallas TX Pepper-Lawson Houston TX Red River Construction Wylie TX Western Summit Constructors Fort Worth TX
  • 143. June 2013 – Addendum No. 3 00_52_00-1 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) DOCUMENT 00_52_00 AGREEMENT NOTICE This is the City’s standard form of agreement for projects of this type. The specified insurance requirements in Sections 17 and 19 are applicable to this project. After bids are opened and City has determined its recommendation, a final Contract for your signature will be prepared. The appropriate sections will be completed with an accurate summary of the description of work to be awarded and the bid price recommended to Council, including all alternates, options and addenda to be awarded. Any special provisions included in the bid documents will be added in Section 27 of this Contract. This Contract must be finalized by City, and signed by Contractor, prior to the award of the bid by the City Council. CONTRACT FOR CITY OF SAN ANGELO, TEXAS HICKORY WATER SUPPLY PROJECT GROUNDWATER TREATMENT FACILITY AND MISCELLANEOUS IMPROVEMENTS PROJECT CONSTRUCTION PROJECT RFB No. WU-10-13 This Contract is entered into this ___ day of ____________, 2013 (but effective as of __________________,2013) (“effective date”) by and between the City of San Angelo, a home- rule municipal corporation of the State of Texas (“City”) and _________________, a _______________, (“Contractor”). RECITALS: A. City has issued a Request for Bid No.WU-10-13, City of San Angelo, Texas Hickory Water Supply Project Groundwater Treatment Facility and Miscellaneous Improvements Project (“RFB No.WU-10-13”), to construct a groundwater treatment plant and disinfection facility located within Tom Green County, Texas as specified in the Contract Documents (“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Work. B. The Council of the City of San Angelo approved the selection of Contractor on ________________, 2013, and authorized the City Manager to negotiate and execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, City and Contractor agree as follows:
  • 144. June 2013 – Addendum No. 3 00_52_00-2 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. STATEMENT OF WORK: Contractor shall be responsible for completing the Work, including labor, equipment and material: A. Contractor shall be responsible for completing Work described in RFB: WU-10- 13, City of San Angelo, Texas Hickory Water Supply Project Groundwater Treatment Facility and Miscellaneous Improvements Project (“RFB No. WU-10-13”) to construct a groundwater treatment plant and disinfection facility located within Tom Green County, Texas. Contractor shall provide and construct a complete and functional groundwater treatment facility and miscellaneous improvements inclusive of piping, equipment, access roads and gates, associated electrical, valves; flow meters, installation and maintenance of a trench safety system, provide and maintain stormwater plan and permit; return the construction site to pre-construction condition or better; and provide, construct and install all appurtenances and other items required to provide a complete, functional system as described and shown in the Contract Documents, specifications and plans. B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement and installation; and, all other Work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 7. of this Contract and in accordance with the terms and conditions set forth herein and within those Contract Documents. C. Contractor shall provide and install as part of the Groundwater Treatment Facility the radium removal system designed and to be fabricated by Water Remediation Technology, LLC, (WRT) pursuant to RFP No. WU-16-12, the specifications for which are specifically set forth therein, and are adopted by the parties hereto and incorporated into this Contract by reference as if fully set forth herein. Contractor shall enter into a separate subcontract with WRT for purchase of said radium removal system and associated pricing at Contractor’s sole expense, which system shall incorporate WRT media.
  • 145. June 2013 – Addendum No. 3 00_52_00-3 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) 3. TIME OF PERFORMANCE: A. If the Base Bid is accepted, Contractor agrees to substantially complete Work within three hundred sixty five (365) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed. All work shall be finally complete and ready for the final payment in accordance with Part 14.07 of the Standard General Conditions within four hundred fifty (450) consecutive calendar days after the date Work commences as established by the Notice to Proceed. B. If the Base Bid and Bid Alternate 1 are accepted Contractor agrees to substantially complete Work within three hundred sixty five (365) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed, except that Work associated with Bid Alternate 1 shall be substantially complete within four hundred ten (410) consecutive calendar days after the date when the Contract Times commence as established by the Notice to Proceed. All work shall be finally complete and ready for the final payment in accordance with Part 14.07 of the Standard General Conditions within four hundred fifty (450) consecutive calendar days after the date Work commences as established by the Notice to Proceed. C. If the Base Bid and Bid Alternate 2 are accepted, Contractor agrees to substantially complete Work in the Base Bid within four hundred fifty five (455) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed. All work shall be finally complete and ready for the final payment in accordance with Part 14.07 of the Standard General Conditions within five hundred forty (540) consecutive calendar days after the date Work commences as established by the Notice to Proceed. D. If the Base Bid and Bid Alternates 1 and 2 are accepted, Contractor agrees to substantially complete Work in the Base Bid within four hundred fifty five (455) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed, except that Work associated with Bid Alternate 1 shall be substantially complete within five hundred (500) consecutive calendar days after the date when the Contract Times commence as established by the Notice to Proceed. All work shall be finally complete and ready for the final payment in accordance with Part 14.07 of the Standard General Conditions within five hundred forty (540) consecutive calendar days after the date Work commences as established by the Notice to Proceed.
  • 146. June 2013 – Addendum No. 3 00_52_00-4 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) E. Contractor further agrees that approval for beginning Work on the project will not be given and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by City. 4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of performance is of the essence in this Contract and that City will suffer financial loss if Work is not substantially complete within the time specified in Section 3 above, inclusive of any extensions authorized as herein provided. Both parties hereto recognize the delays, expense, and difficulties involved in estimating and proving in a legal proceeding the actual loss suffered by City if Work is not substantially and finally complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages payable by Contractor to City (but not as a penalty) for any delay is Three Thousand Five Hundred Dollars ($3,500.00) for each calendar day that expires after the time specified in Section 3. A, B, C, and D, until Work is substantially complete, liquidated damages payable by Contractor to City for any delay of work associated with Bid Alternate 1 is Two Thousand Five Hundred Dollars ($2,500.00) for each calendar day that expires after the time specified in Section 3.B. or Section 3.D. if Bid Alternate 2 is accepted for Substantial Completion. After Substantial Completion of Work and before final completion and acceptance by City Engineer as provided under part 14.07 (B) of Standard General Conditions, City and Contractor agree that a reasonable estimate of liquidated damages payable to City (but not a a penalty) for any delay is Two Thousand Dollars ($2,000.00) for each calendar day that expires after the time specified in paragraph 3. A, B, C, and D until work is fully complete and accepted by City Engineer for final payment. 5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of ________________________________ and __/100 Dollars ($_________) subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in Section 6. Payment Procedure. 6. PAYMENT PROCEDURE: City shall make progress payments of the Contract Price on the basis of Contractor’s Application for Progress Payment on or about the thirtieth (30th ) day after submittal of the Application for Progress Payment during performance of the Work as provided in the Standard General Conditions. All such payments will be measured by the
  • 147. June 2013 – Addendum No. 3 00_52_00-5 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) schedule of values established as provided in Paragraph 2.07.A of the Standard General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. A. Progress Payments. 1) Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or City may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. (a) Ninety-five percent (95%) of Work completed (with the balance being retainage). 2) Upon Substantial Completion, City will pay an amount sufficient to increase total payments to Contractor to ninety-five percent (95%) of the Work completed, less such amounts if any, City determines should be deducted in accordance with the Standard General Conditions. 3) After Substantial Completion, City will reduce retainage to a percentage determined by Engineer. B. Final Payment. Upon final completion and acceptance of Work in accordance with Part 14.07 of the Standard General Conditions, City shall pay the remainder of the Contract Price as recommended by Engineer as provided in Part 14.07 of the Standard General Conditions. 7. CONTRACT DOCUMENTS: The following documents from City are incorporated herein by reference for all purposes, as if fully set out verbatim (hereinafter collectively with this Contract referred to as the “Contract Documents”):  Request for Bid No. WU-10-13, City of San Angelo, Texas, Hickory Water Supply Project Groundwater Treatment Facility and Miscellaneous Improvements Project (“RFB No. WU-10-13”), including Contract Documents identified therein.  All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation Number as of the time this Contract is entered by Contractor and City.  The specifications and associated pricing for Radium Removal System equipment
  • 148. June 2013 – Addendum No. 3 00_52_00-6 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) designed and fabricated by Water Remediation Technology, LLC, pursuant to RFP No. WU-16-12. 8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this Contract, Contractor makes the following representations to City: A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws. B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. C. Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that Contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, and recordkeeping. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the terms of this Contract is and shall at all times remain the property of City. Contractor agrees not to use any such information, document, report or material for any purpose whatsoever other than as required for Contractor’s performance under this contract without first securing the written consent of City, which consent may be withheld or conditioned by City in as determined in its sole discretion. 11. AUDIT AND INSPECTION RIGHTS: A. City may, at reasonable times, and for a period of up to three (3) years following
  • 149. June 2013 – Addendum No. 3 00_52_00-7 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) the date of final payment by City to Contractor under this Contract, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Contract. Contractor agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Contract. B. City may, at reasonable times during the term hereof, inspect Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Contract conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of San Angelo Code of Ordinances, as same may be amended or supplemented from time to time. 12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Contract. 13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall constitute a default of Contractor’s obligations under this Contract. 14. DEFAULT: If Contractor fails to comply with any term or condition of this Contract, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder, City in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon all payments, advances, or other compensation paid by City to Contractor while Contractor was in default shall be immediately returned to City. Contractor understands and agrees that termination of this Contract under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform Work within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation
  • 150. June 2013 – Addendum No. 3 00_52_00-8 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) of this Contract, as well as all costs and expenses incurred by City in the re-procurement of Work, including consequential and incidental damages. 15. CITY’S TERMINATION RIGHTS: A. City shall have the right to terminate this Contract, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for Work rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. City shall have the right to terminate this Contract, without notice or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts received while Contractor was in default under this Contract. 16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager’s decision is subject to City Council approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 17. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and
  • 151. June 2013 – Addendum No. 3 00_52_00-9 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) providing that it will not be canceled during the performance of Work under this Contract without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided however, that Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City. B. If in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 18. INDEMNIFICATION: A. INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “INDEMNITEES”) AND EACH OF THEM FROM AND AGAINST ALL LOSS, COSTS, PENALTIES, FINES, DAMAGES, CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES (COLLECTIVELY REFERRED TO AS “LIABILITIES”) ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY BY REASON OF ANY INJURY 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 THE SERVICES CONTEMPLATED BY THIS AGREEMENT WHICH IS OR IS ALLEGED TO BE DIRECTLY OR INDIRECTLY CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF CONTRACTOR OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (COLLECTIVELY REFERRED TO AS “CONTRACTOR”), REGARDLESS OF WHETHER SUCH LIABILITIES ARE, OR ARE ALLEGED TO BE, CAUSED IN WHOLE OR PART (WHETHER JOINT, CONCURRENT OR CONTRIBUTING) BY ANY ACT, OMISSION,
  • 152. June 2013 – Addendum No. 3 00_52_00-10 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) DEFAULT OR NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF THE INDEMNITEES, OR ANY OF THEM; OR (II) THE FAILURE OF CONTRACTOR TO COMPLY WITH ANY OF THE PARAGRAPHS HEREIN; OR (II) THE FAILURE OF CONTRACTOR TO CONFORM TO APPLICABLE STATUTES, ORDINANCES, OR OTHER REGULATIONS OR REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE, IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT; OR (III) AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES, OR ANY OF THEM, FROM AND AGAINST ALL LIABILITIES WHICH MAY BE ASSERTED BY AN EMPLOYEE OR FORMER EMPLOYEE OF CONTRACTOR, OR ANY OF ITS SUB-CONTRACTORS, AS PROVIDED ABOVE, FOR WHICH CONTRACTOR’S LIABILITY TO SUCH EMPLOYEE OR FORMER EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER STATE WORKERS’ COMPENSATION OR SIMILAR LAWS. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT FOR AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT. C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR.
  • 153. June 2013 – Addendum No. 3 00_52_00-11 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) D. APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS CONTRACT 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 WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED. 19. INSURANCE REQUIREMENTS: A. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor for the purpose of complying with this Contract. 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 Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. 4) Certificates of Insurance. At or before the time of execution of this Contract, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon
  • 154. June 2013 – Addendum No. 3 00_52_00-12 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W. College Ave., San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policies of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Sub-Contractors’ Insurance. Contractor shall cause each Sub-contractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Sub-Contractors and Sub-Sub- Contractors to furnish copies of certificates of insurance to Contractor’s Risk Manager evidencing coverage for each Sub-Contractor and Sub-Sub-Contractor. B. Types And Amounts Of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below: 1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $3,000,000.00 General Aggregate $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury
  • 155. June 2013 – Addendum No. 3 00_52_00-13 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage limits shall not be less than: $1,000,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor 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 The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 4) Builders Risk. This policy shall be an all risk type of insurance covering work performed under this instrument and materials, equipment or other items to be incorporated into the building, while the same are located at the construction site, stored off site or stored at the place of manufacture. The policy shall cover, at a minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious
  • 156. June 2013 – Addendum No. 3 00_52_00-14 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of work. Coverage shall not be less than: $______________ Completed Value 5) 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; 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 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. $1,000,000.00 Per Loss $1,000,000.00 Annual aggregate 20. INDEPENDENT CONTRACTOR: Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance on Contractor’s employees. 21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under this Contract on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Contract. 22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Contractor must comply
  • 157. June 2013 – Addendum No. 3 00_52_00-15 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) with the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or services of an unauthorized alien. Contractor -- not City -- must verify eligibility for employment as required by IRCA. 23. AMENDMENTS: City or Contractor may amend this Contract at any time provided that such amendments make specific reference to this Contract, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by City. Such amendments shall not invalidate this Contract, nor relieve or release City or Contractor from their respective obligations under this Contract. 24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such prior consent (except to the extent that this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 26. NOTICES: Communication and details concerning this Contract shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Attn: Kevin Krueger Attn: 72 W. College Ave. San Angelo, Texas 76903 Phone: (325) 657-4209 Phone: (___) ___-____ Email: Kevin.Krueger@cosatx.us Email: Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach of this Contract, notice must first be given City within six (6) months of the date Contractor alleges the breach occurred. Such notice shall be in accordance with and provide substantially the same information as required for notice of tort claims as specified in Article 1.500 of the City of San Angelo Code of Ordinances.
  • 158. June 2013 – Addendum No. 3 00_52_00-16 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) 27. MISCELLANEOUS PROVISIONS: A. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Contract unless City and Contractor mutually agree to such remedy in a separate written Contract. The exercise of any one right or remedy shall be without prejudice to the enforcement 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 Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements in addition to any other relief to which the prevailing party is entitled. C. Conflicts: This Contract, the documents required to be provided, and the Contract Documents constitute the entire Contract between the parties hereto and supersede any prior written or oral Contracts and understandings between the parties. If any provision of this Contract, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Contract, then to the General Conditions to this Contract and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. D. Severability: If any provision of this Contract is held invalid or unenforceable, the remainder of the Contract shall not be affected thereby and all other parts of this Contract shall nevertheless be in full force and effect. E. Venue: This Contract, including the Contract Documents, is governed by the laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or related to Work covered by this Contract shall be in Tom Green County, Texas. F. Counterparts: This Contract may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same Contract. G. Enforcement: This Contract shall be construed and enforced according to the laws of the State of Texas.
  • 159. June 2013 – Addendum No. 3 00_52_00-17 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Contract. I. No Waiver: No waiver or breach of any provision of this Contract shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Contract be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in 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 Contract shall remain unmodified and in full force and effect or limitation of its use. K. Applicable Law: This Contract and the Contract Documents are subject to all applicable federal and state laws, statutes, codes, rules and regulations and local ordinances, rules and regulations. 28. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the availability of funds and continued authorization for program activities. This Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days written notice. 29. ENTIRE CONTRACT: This Contract and Contract Documents constitutes the sole and entire Contract between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 30. REAFFIRMATION OF REPRESENTATIONS: Contractor herby reaffirms all of the representations contained in RFB No. WU-10-13. [Signature Page to Follow]
  • 160. June 2013 – Addendum No. 3 00_52_00-18 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. CONTRACTOR: By: ATTEST: ________________, _____________ ________________________________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
  • 161. June 2013 – Addendum No. 3 00_52_00-19 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Deliverables/Addendum No. 3/00_52_00 (B) CONTRACT FOR CITY OF SAN ANGELO, TEXAS HICKORY WATER SUPPLY PROJECT GROUNDWATER TREATMENT FACILITY AND MISCELLANEOUS IMPROVEMENTS PROJECT CONSTRUCTION PROJECT RFB No. WU-10-13 BETWEEN CITY OF SAN ANGELO & Approved as to Content: Approved as to Form: ______________________________ Ricky Dickson, Water Utilities Director Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Kevin Krueger, Assistant Director of John Seaton, Risk Manager Water Utilities
  • 162. City of San Angelo Engineering Services Division Memo Date: July 12, 2013 To: Mayor and Councilmembers From: Tim Wolff, Interim City Engineer Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Tim Wolff, Engineering Services Division, 657-4202 Caption: REGULAR Item Consideration of adopting a resolution of the City of San Angelo City Council awarding RFB No. ES-01-13 “Engineering Services Avenue P Street & Drainage Improvement Project” to Reece Albert, Inc., and authorizing the City Manager to negotiate and execute an agreement for construction of Avenue P Street & Drainage Remediation Project between the City of San Angelo and Reece Albert, Inc. in accordance with said bid award, in substantially the attached form, said agreement being subject to rescission on December 31, 2013 should the necessary right-of-way and necessary easements not be acquired by City before December 31, 2013, as provided for under such agreement.  Summary: The Avenue P Street & Drainage Improvement project has been advertised for bid, and bids were received. Two construction companies bid on this project, and the Base Bid minus Alternate 2 was selected: • Reece Albert, Inc. (San Angelo, TX) $2,784,170.54 - $190,900.00 = $2,593,270.54 • Oscar Renda Contracting (Roanoke, TX) $2,956,661.00 - $100,000.00 = $2,856,661.00 Acquisition of a temporary construction easement and a permanent drainage easement is a critical component of this project. At this time, the City is awaiting an appraisal of the value of the easements. Although a Notice to Proceed cannot be given, yet, because the necessary easements have not been acquired, the Contractor has agreed to hold their bid prices until December 31, 2013 if this project can be awarded now. In an effort to protect the City from rising production (steel, concrete, etc.) and construction costs, this Agenda Item is to award the project as bid to the lowest bidder, Reece Albert, Inc., contingent upon acquisition of the necessary construction and drainage easements. History: The area around W. Avenue P has a history of severe flooding. In fact, the 2000 Master Drainage Plan prepared by Freese & Nichols, Inc. ranks this project as the #2 most recommended drainage improvement project in San Angelo. The current drainage issues along Avenue P are caused by excessive street flow and limited channel capacity downstream. Stormwater runoff in this area flows from over 430 acres and from as far away as Angelo State University. Local flooding in the area has been a major health, safety, and welfare issue for decades. Damages caused by the deep, swift water include stalled/flooded vehicles, numerous flooded homes and other property, and possible drowning. In addition, the flooding causes blocked travel paths that are especially important in the event of an emergency. As development upstream increased, the flooding
  • 163. issue with area residents has also increased. On September 19, 2011, former City Engineer Clinton Bailey, along with former City Manager Harold Dominguez and City Councilman Johnny Silvas, hosted a neighborhood meeting. Approximately 25 area residents were present to voice their concerns regarding the flooding. Solutions were discussed to alleviate property damage and mitigate health risks due to the area flooding. The Master Drainage Plan recommended this project to mitigate the flooding issues experienced so often in this neighborhood. This project will direct runoff from the area to a storm drain under W. Avenue P and discharge it east of S. Chadbourne Street into the Red Arroyo. The storm drain is designed to carry the 5-year storm event, with most of the heavier events contained within the ROW. At the City Council meeting on November 1, 2011, City Council approved funding for this project at $1.7 million for design and construction. $755,000 of that was appropriated from the 2011-2012 budget at the December 6, 2011 City Council meeting. $1,045,000 was budgeted in fiscal year 2012-2013, bringing the total budgeted amount at that time to $1.8 million. City Council approved additional funds in the amount of $640,000 during the May 14, 2013 general meeting. The total budgeted amount is $2,440,000. Financial Impact: $360,000.00 from the Stormwater Fund and $2,080,000 from the Capital Projects Fund. Related Vision Item (if applicable): Neighborhood Vision – Provide good infrastructure (This project will provide the necessary stormwater infrastructure to help mitigate flooding in the area and protect local residents.) Other Information/ Recommendation: Staff recommends award of the bid as presented. Attachments: 1. Resolution to award the bid; 2. Exhibit “A” – Agreement for construction services between Reece Albert, Inc. and the City of San Angelo in the amount of $2,593,270.54, contingent upon acquisition of the necessary easements;  3. Bid tabulation and Reece Albert, Inc. bid prices. Presentation: Requested by Councilman Johnny Silvas and presented by Interim City Engineer Tim Wolff. Publication: Published in the San Angelo Standard Times on February 7 and February 14, 2013: The City of San Angelo, Engineering Services Division is accepting sealed bids for the Avenue P Street & Drainage Improvement Project. A pre-bid conference will be conducted on February 19, 2013 at 10:00 A.M., in the Conference room located at 52 West College Avenue. Representatives of the City will discuss the project and answer questions regarding bid procedures. Bid documents, plans, and specifications may be obtained in the Purchasing Department, Suite 330, City Hall for $50.00 or may be downloaded at www.sanangelotexas.us at no cost. Bids will be accepted until March 6, 2013, 2:00 P.M. in the Purchasing Department at which time all bids will be publicly opened, and read aloud. For more information, call (325) 657-4219. Reviewed by Director: AJ Fawver, Interim Director of Development Services, 7-12-13 Approved by Legal: July 12, 2013
  • 164. A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL AWARDING RFB NO. ES-01-13 “ENGINEERING SERVICES AVENUE P STREET & DRAINAGE IMPROVEMENT PROJECT” TO REECE ALBERT, INC., AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSTRUCTION OF AVENUE P STREET & DRAINAGE REMEDIATION PROJECT BETWEEN THE CITY OF SAN ANGELO AND REECE ALBERT, INC. IN ACCORDANCE WITH SAID BID AWARD, IN SUBSTANTIALLY THE ATTACHED FORM, SAID AGREEMENT BEING SUBJECT TO RESCISSION ON DECEMBER 31, 2013 SHOULD THE NECESSARY RIGHT-OF-WAY AND NECESSARY EASEMENTS NOT BE ACQUIRED BY CITY BEFORE DECEMBER 31, 2013, AS PROVIDED FOR UNDER SUCH AGREEMENT. WHEREAS, the City of San Angelo issued a Request for Bid RFB No. ES-01-13 “Engineering Services Avenue P Street & Drainage Improvement Project” for the installation of subsurface storm drain along Avenue “P” from Bryant Boulevard east to Chadbourne Street; and, WHEREAS, Reece Albert, Inc. bid in response thereto and has been determined to be the lowest, responsible bidder for the Project; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Council hereby awards RFB No. ES-01-13 “Engineering Services Avenue P Street & Drainage Improvement Project” for the installation of subsurface storm drain along Avenue “P” from Bryant Boulevard east to Chadbourne Street, and authorizes the City Manager to negotiate and execute an Agreement for Construction of Avenue P Street & Drainage Remediation Project, between the City of San Angelo and Reece Albert, Inc., in substantially the form of Exhibit “A” attached to this Resolution, said Agreement being subject to rescission on December 31, 2013 should the necessary right-of-way and necessary easements not be acquired by City before December 31, 2013, as provided for under such Agreement. PASSED, APPROVED, and ADOPTED on this the ____ day of July, 2013. CITY OF SAN ANGELO By: ________________________ Dwain Morrison, Mayor ATTEST: Alicia Ramirez, City Clerk
  • 165. Approved as to Content: Approved as to Form: __________________________ ____________________________ Tim Wolff, City Engineer Lysia H. Bowling, City Attorney
  • 166. 1 “EXHIBIT A” AGREEMENT FOR CONSTRUCTION OF AVENUE P STREET & DRAINAGE REMEDIATION PROJECT This Agreement is entered into this ___ day of ____________, 2013 by and between City of San Angelo, a Texas home-rule municipal corporation (“City”) and Reece Albert, Inc., a Texas corporation (“Contractor”). RECITALS A. City has issued a Request for Bid No. ES-01-13, Engineering Services Avenue P Street & Drainage Improvement Project (“RFB No. ES-01-13”) for the installation of subsurface storm drain along Avenue P from Bryant Boulevard east to Chadbourne Street (“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified proposal for the provision of Work. B. City has not yet acquired right-of-way and easements required for the “Work” to be performed by Contractor under this Agreement. and City cannot authorize Contractor to enter upon the project site and commence the Work until after the entire right-of-way and all easements necessary for the project are acquired by City. C. City and Contractor stipulate and agree that the acquisition of the necessary right- of-way and necessary easements shall be a condition precedent to this Agreement and that this Agreement shall be deemed rescinded should City fail to have acquired such right-of-way and easements by December 31, 2013, as provided under the terms and conditions herein.. D. The Council of the City of San Angelo approved the selection of Contractor on July 16, 2013, and authorized the City Manager to negotiate and execute an agreement, under the terms and conditions set forth herein. . NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, City and Contractor agree as follows: 1. STATEMENT OF WORK A. Contractor shall be responsible for completing Work described in (“RFB No. ES- 01-13”) for the installation of subsurface storm drain under Avenue P from Bryant Boulevard east to a point approximately 400 feet east of the intersection of Avenue P and South Chadbourne Street. The storm drain will consist of a 5’x10’ concrete box culvert with various
  • 167. 2 grate drains and curb inlets tying into the box culvert along its route. A 10’-wide earthen channel with rip rap and slope stabilization is included at the east end of the box culvert. Additionally, the project contains street grade and surface improvements (not including curb and gutter) along W Avenue P beginning approximately 50 feet from the east edge of S Bryant Boulevard and continuing to S Chadbourne Street (“Work”); and all other work specified in the Contract Documents. B. Contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the construction, replacement and installation; and, all other Work specified in the technical specification documents and drawings included with the Contract Documents incorporated herein by reference in Section 6 of this Agreement and in accordance with the terms and conditions set forth herein and within those Contract Documents. 2. CONDITION PRECEDENT AND TIME OF PERFORMANCE A. Contractor understands that City has not acquired the right-of-way or easements necessary for Contractor to enter upon the project site or to commence the Work. Contractor further understands that City cannot issue the Notice to Proceed authorizing entry upon the project site and commencement of the Work by Contractor until after the entire right-of-way and all easements necessary for the project are acquired by City. Contractor and City stipulate and agree that City shall have from the date of execution of this Agreement until December 31, 2013 to acquire the necessary right-of-way and all necessary easements for the Work and to issue the Notice to Proceed. Contractor and City agree that should City fail to acquire the necessary right- of-way and all necessary easements for the Work and issue the Notice to Proceed on or before December 31, 2013, this Agreement shall automatically be deemed rescinded and of no force or effect. Upon such rescission, neither Contractor nor City shall have any further rights or obligations with respect to this Agreement, and each party shall bear their own costs incurred or losses suffered up to the time of such rescission without reimbursement or contribution therefore from the other party. B. Contractor agrees to substantially complete Work within two hundred seventy
  • 168. 3 (270) consecutive calendar days (“Contract Time”) after the date Work commences as established by the Notice to Proceed. Contractor further agrees that in addition to the provisions of subparagraph “A” of Section 2. Condition Precedent and Time of Performance herein, approval for beginning Work on the project will not be given and that Work will not start until all required bonds and insurance certificates specified in the bid documents have been received and approved by City. 3. LIQUIDATED DAMAGES City and Contractor recognize that time of performance is of the essence in this Agreement and that City will suffer financial loss if Work is not substantially complete within the time specified in Section 2 above, plus any extensions thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if Work is not substantially complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for Contractor to pay City One Hundred Dollars ($100.00) for each calendar day that expires after the time specified in Section 2 until Work is substantially complete. Therefore, Contractor shall pay as liquidated damages One Hundred Dollars ($100.00) for each calendar day that expires after the time specified in Section 2 until Work is substantially complete. 4. CONTRACT PRICE City shall pay to Contractor for performance of Work embraced in this Agreement, and Contractor shall accept as full compensation therefore, the combined Bid Price of Two Million Five Hundred Ninety-three Thousand Two Hundred Seventy and 54/100 Dollars ($2,593,270.54), total compensation shall include a sum of Two Million Seven Hundred Eighty- four Thousand One Hundred Seventy and 54/100 Dollars ($2,784,170.54) for Base Bid less One Hundred Ninety Thousand Nine Hundred Dollars ($190,900.00) for Alternate Bid Option “2.” Bid Price is subject to adjustment only as provided by approved change order, for all Work covered by and included in the contract award; payment thereof to be made in current funds in the manner provided in Section 5. Payment Procedure. 5. PAYMENT PROCEDURE
  • 169. 4 Contractor shall submit Applications for Payment in accordance with the General Conditions as shown in RFB No. ES-01-13 and City shall process the Applications for Payment in accordance with the General Conditions, except that progress payments and the final payment under this Agreement shall be made as set forth below: A. Progress Payments. City shall make progress payments of the Contract Price on the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after submittal of the Application for Payment each month as provided below. All progress payments shall be based upon the progress of Work measured as provided for in the General Conditions. 1) Contractor shall subdivide Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Partial payment retainage shall not exceed Five Percent (5%) of the total bid price. Upon approval of the value by City, it shall be incorporated into the form of a Partial Payment Estimate furnished by Contractor. 2) If payment is requested by Contractor on the basis of materials on hand, not in place, but delivered and suitably stored at the site or at another location agreed to in writing, the Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory to City, as well establish its interest therein, including applicable insurance. Payment for material on hand but not installed will not constitute acceptance of material as inspected and approved for installation. 3) Upon substantial completion as described in the General Conditions, City shall pay an amount sufficient to increase total payments to Contractor to Ninety Five Percent (95%) of the Contract Price, less such amounts, if any, City determines should be deducted in accordance with the General Conditions. B. Final Payment. Upon completion and acceptance of Work by City in accordance with the General Conditions, City shall pay the remainder of the Contract Price. 6. CONTRACT DOCUMENTS The following documents from City are incorporated herein by reference for all purposes, as if fully set out verbatim: • Request for Bid No. ES-01-13, Engineering Services, Avenue P Street &
  • 170. 5 Drainage Improvement Project (“RFB No. ES-01-13”) • All of the documents, conditions, specifications, technical data, drawings, requirements and addenda comprising said Bid Invitation Number as of the time this Agreement is entered by Contractor and City. 7. CONTRACTOR’S REPRESENTATIONS In order to induce City to enter into this Agreement, Contractor makes the following representations to City: A. Contractor has familiarized itself with the nature and extent of the Contract Documents, Work, and with all local conditions and federal, state and local laws. B. Contractor has made, or caused to be made, examinations and investigations of information as it deems necessary for the performance of Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations or similar data are, or will be required by Contractor for such purposes. C. Contractor has given City advanced written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents prior to bidding and the written resolution thereof by City is acceptable to Contractor. D. Contractor is skilled and experienced to responsibly perform the type of Work described in the Contract Documents in a timely manner. 8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Contractor understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. OWNERSHIP OF DOCUMENTS Contractor understands and agrees that any information, document, report or any other material whatsoever which is given by City to Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the terms of this Agreement is and shall at all times remain the property of City. Contractor agrees not to use any such information, document, report or
  • 171. 6 material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by City in its sole discretion. 10. AUDIT AND INSPECTION RIGHTS A. City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by City to Contractor under this Agreement, audit, or cause to be audited, those books and records of Contractor which are related to Contractor’s performance under this Agreement. Contractor agrees to maintain all such books and records at its principal place of business 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 Contractor’s facilities and perform such tests, as City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of San Angelo Code of Ordinances, as same may be amended or supplemented from time to time. 11. AWARD OF CONTRACT Contractor represents and warrants to City that it has not employed or retained any person or company employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of this Agreement. 12. PUBLIC RECORDS Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, and agrees to allow access by City and the public to all documents subject to disclosure under applicable law. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by City. 13. DEFAULT If Contractor fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a
  • 172. 7 default hereunder, City in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Agreement whereupon all payments, advances, or other compensation paid by City to Contractor while Contractor was in default shall be immediately returned to City. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence to perform Work within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by City in the re- procurement of Work, including consequential and incidental damages. 14. CITY’S TERMINATION RIGHTS A. City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Contractor at least five (5) business days prior to the effective date of such termination. In such event, City shall pay to Contractor compensation for Work rendered and expenses incurred prior to the effective date of termination. In no event shall City be liable to Contractor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. City shall have the right to terminate this Agreement, without notice or liability to Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts received while Contractor was in default under this Agreement. 15. RESOLUTION OF CONTRACT DISPUTES Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Agreement by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60)
  • 173. 8 days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager’s decision is subject to City Council approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 16. INSURANCE A. Contractor shall, at all times during the term hereof, maintain such insurance coverage as may be required by City. All such insurance, including renewals, shall be subject to the approval of City for adequacy of protection and evidence of such coverage shall be furnished to City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of Work under this Agreement without thirty (30) calendar days prior written notice to City. Completed Certificates of Insurance shall be filed with City prior to the performance of services hereunder, provided however, that Contractor shall at any time upon request file duplicate copies of the policies of such insurance with City. B. If in the judgment of City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 17. INDEMNIFICATION A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR
  • 174. 9 EMPLOYEES OF CONTRACTOR 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 CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR 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 CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B. ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND 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 OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER
  • 175. 10 CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR 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. C. 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 CONTRACTOR IN PERFORMING UNDER THIS AGREEMENT. D. 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 CONTRACTS BETWEEN CITY AND CONTRACTOR. 18. INSURANCE REQUIREMENTS A. General Conditions. The following conditions shall apply to all insurance policies obtained by Contractor 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 Insureds. All insurance policies required herein shall be drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage. 3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect
  • 176. 11 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, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal, or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Certificates of insurance and notices of cancellations, terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W. College Ave., San Angelo, Texas 76903. 5) Contractor’s Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury, or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation. 6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub- Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub- Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor and Sub-Subcontractor. B. Types And Amounts Of Insurance Required. Contractor shall obtain and continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverage as follows with limits not less than those set forth below:
  • 177. 12 1) Commercial General Liability. This policy shall be occurrence-type policy and shall protect Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) and damage to property of City or others arising out of the act or omission of Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Agreement entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage limits shall not be less than: $2,000,000.00 General Aggregate $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) 2) Business Automobile Liability. This policy shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage limits shall not be less than: $1,000,000.00 Combined Single Limit 3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect Contractor 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 $ 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
  • 178. 13 The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Agreement. If Contractor uses contract labor, Contractor shall require its subcontractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein. 4) 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; 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. $ 1,000,000.00 Per loss $ 1,000,000.00 Annual aggregate 19. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance on Contractor’s employees. 20. NONDISCRIMINATION
  • 179. 14 Contractor represents and warrants to City that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 21. AMENDMENTS City or Contractor may amend this Agreement at any time provided that 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. Such amendments shall not invalidate this Agreement, nor relieve or release City or Contractor from their respective obligations under this Agreement. 22. ASSIGNMENT No assignment by a party hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such prior consent (except to the extent that this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 24. NOTICES Communication and details concerning this Agreement shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Reece Albert, Inc.
  • 180. 15 Attn: Tim Wolff Attn: Mike Schmidt 52 W. College Ave. 3001 Foster St. San Angelo, Texas 76903 San Angelo, Texas 76903 Phone: (325) 657-4203 Phone: (325) 653-1241 Email: Tim.wolff@cosatx.us Email: mike@reecealbertinc.com Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach of this Agreement, notice must first be given City within six (6) months of the date Contractor alleges the breach occurred. Such notice shall be in accordance with and provide substantially the same information as required for notice of tort claims as specified in Article 1.500 of the City of San Angelo Code of Ordinances. 25. MISCELLANEOUS PROVISIONS A. Remedies: In the event of default by Contractor under the Contract Documents, City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of the Contract Documents; however, arbitration is not an available remedy to resolve any disputes arising under this Agreement unless City and Contractor mutually agree to such remedy in a separate written agreement. The exercise of any one right or remedy shall be without prejudice to the enforcement 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 Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary disbursements 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 Contract Documents constitute the entire agreement between the parties hereto and supersede any prior written or oral agreements and understandings between the parties. If any provision of this Agreement, the General Conditions, the Specifications or any other provision contained within the Contract Documents conflicts, or is inconsistent with any other provision of the Contract Documents, then the conflict or inconsistency will be resolved first by reference to the terms of this Agreement, then to the General Conditions to this Agreement and then finally to the Specifications therein, unless a federal law, regulation or restriction would require otherwise, in which case the federal provision would control. D. Severability: If any provision of this Agreement is held invalid or unenforceable,
  • 181. 16 the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. E. Venue: This Agreement, including the Contract Documents, is governed by the laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or related to Work covered by this Agreement shall be in Tom Green County, Texas. F. 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 constitute one and the same agreement. G. Enforcement: This Agreement shall be construed and enforced according to the laws of the State of Texas. H. Headings: Titles and paragraphs are for convenient reference and are not a part of this Agreement. I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in 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 remain unmodified and in full force and effect or limitation of its use. K. Applicable Law: This Contract and the Contract Documents are subject to all applicable federal and state laws, statutes, codes, rules and regulations and local ordinances, rules and regulations. 26. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, in accordance with Section 14. City Termination Rights.
  • 182. 17 27. RESCISSION Contractor and City agree that should City fail to acquire the necessary right-of-way and all necessary easements for the Work and issue the Notice to Proceed on or before December 31, 2013, this Agreement shall automatically be deemed rescinded and of no force or effect. Upon such rescission, neither Contractor nor City shall have any further rights or obligations with respect to this Agreement, and each party shall bear their own costs incurred or losses suffered up to the time of such rescission without reimbursement or contribution therefore from the other party. 28. ENTIRE CONTRACT This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 29. REAFFIRMATION OF REPRESENTATIONS Contractor herby reaffirms all of the representations contained in RFB No. ES-01-13. [Signature Page to Follow]
  • 183. 18 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. CONTRACTOR: Reece Albert, Inc., a Texas corporation By: ATTEST: Mike Schmidt, Vice President _______________, Secretary/Treasurer (SEAL) CITY City of San Angelo By: Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
  • 184. 19 AGREEMENT FOR CONSTRUCTION OF AVENUE P STREET & DRAINAGE REMEDIATION PROJECT BETWEEN CITY OF SAN ANGELO & REECE ALBERT, INC. RFB No. ES-01-13 Approved as to Content: Approved as to Form: ______________________________ Tim Wolff, Interim City Engineer Lysia H. Bowling, City Attorney Approved as to Insurance Requirements John Seaton, Risk Manager
  • 185. C I T Y   O F   S A N   A N G E L O  BID TABULATION * RFB NO: ES‐01‐13 * March 18, 2013 Avenue P Street & Drainage Improvement Project - Summary Description Oscar Renda Reese Albert Base Bid 2,956,661.00$ 2,784,170.54$ Alterenate 1 3,045,242.00$ 2,616,242.60$ Alterenate 2 (100,000.00)$ (190,900.00)$ Alterenate 3 (100,000.00)$ (156,970.00)$ Bid Bond: Yes Yes Bids Mailed To: 4 K Construction San Angelo TX BigTex Paving Inc Johnson City TX Centerline Supply San Antonio TX Curtco Inc Kerrville TX Granite Construction Company Watsonville CA Jones Bro Dirt & Paving Odessa TX Kiewit Texas Construction L.P. Fort Worth TX LVN Incorporated San Antonio TX Price Construction Big Spring TX Reece Albert San Angelo TX S.W. Sidel Construction Christoval TX Sanborn Asphalt Specialities San Angelo TX SK Nelson Burnet TX Zachry Construction Corporation San Antonio TX C:Documents and Settingstim.wolff.COSADOMAINLocal SettingsTemporary Internet FilesContent.Outlook56XVJKT1Bid Tab‐ES0113.xls/Summary
  • 186. City of San Angelo Engineering Services Division Memo Date: July 12, 2013 To: Mayor and Councilmembers From: Tim Wolff, Interim City Engineer Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Tim Wolff, Engineering Services Division, 657-4202 Caption: REGULAR Item A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS AUTHORIZING THE ACQUISITION OF A PERMANENT DRAINAGE UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS CERTAIN REAL PROPERTY EAST OF S. CHADBOURNE STREET AT AVENUE “P”, SAN ANGELO, TOM GREEN COUNTY, TEXAS, REQUIRED FOR THE AVENUE “P” STREET & DRAINAGE IMPROVEMENT PROJECT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURSUE NEGOTIATIONS TO ACQUIRE SAID EASEMENTS AND TO SUBMIT TO CITY COUNCIL FOR APPROVAL THE FINAL OFFER FOR PURCHASE PRICE FOR SAID ACQUISITION; FINDING A PUBLIC USE AND BENEFIT THEREFORE; AND AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS ON BEHALF OF THE CITY PURSUANT TO LAW IF NECESSARY TO ACQUIRE PROPERTY FOR SAID RIGHT OF WAY EASEMENTS Summary: To complete the Avenue P Street & Drainage Improvements, a 50-foot permanent drainage easement and a 40-foot temporary construction easement are necessary. The easements will be across the property between S Chadbourne Street and the Red Arroyo, which is owned by Robert Trevino, Jr. The legal descriptions of the easements are attached. The appraised value of the easements has not been determined. History: The Avenue P Street & Drainage Improvement Project is a critical flood mitigation project as described in the background for that Agenda Item. The project consists of a box culvert underneath W Avenue P from S Bryant Boulevard east across S Chadbourne Street to the Red Arroyo. This culvert will direct much of the runoff that causes flooding underground. City Council approved funding for this project at the November 1, 2011, December 6, 2011, and May 14, 2013 general meetings. The section of this project on the east side of S Chadbourne Street is privately- owned property and therefore requires an easement or purchase by the City. Initially, the current landowner agreed to gift the necessary easements to the City. However, when the landowner was scheduled to sign the easement documents, he opted to receive financial compensation. This Resolution is to acquire the necessary easements and to pursue eminent domain if necessary. Financial Impact: An amount not to exceed the appraised value of the easements from the Capital Projects Fund. Related Vision Item Neighborhood Vision – Provide good infrastructure (This project will provide
  • 187. (if applicable): the necessary stormwater infrastructure to help mitigate flooding in the area and protect local residents.) Other Information/ Recommendation: Staff recommends adoption of the Resolution. Attachments: 1. Resolution to acquire easements, including: a. Map of easements; b. Legal description of 50’ drainage easement;  c. Legal description of 40’ temporary construction easement.  Presentation: Requested by Councilman Johnny Silvas and presented by Interim City Engineer Tim Wolff Publication: n/a Reviewed by Director: AJ Fawver, Interim Director of Development Services, 7-12-13 Approved by Legal: July 12, 2013
  • 188. A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS AUTHORIZING THE ACQUISITION OF A PERMANENT DRAINAGE UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS CERTAIN REAL PROPERTY EAST OF S. CHADBOURNE STREET AT AVENUE “P”, SAN ANGELO, TOM GREEN COUNTY, TEXAS, REQUIRED FOR THE AVENUE “P” STREET & DRAINAGE IMPROVEMENT PROJECT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURSUE NEGOTIATIONS TO ACQUIRE SAID EASEMENTS AND TO SUBMIT TO CITY COUNCIL FOR APPROVAL THE FINAL OFFER FOR PURCHASE PRICE FOR SAID ACQUISITION; FINDING A PUBLIC USE AND BENEFIT THEREFORE; AND AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS ON BEHALF OF THE CITY PURSUANT TO LAW IF NECESSARY TO ACQUIRE PROPERTY FOR SAID RIGHT OF WAY EASEMENTS WHEREAS, the Avenue “P” Street & Drainage Improvement Project (the Project) was previously approved by the City Council for purposes of improving the drainage of storm water at and along W. Avenue “P”, from S. Bryant Boulevard to a point east of the intersection of W. Avenue “P” with S. Chadbourne Street; and, WHEREAS, the Project will include the installation of a subsurface storm drain under W. Avenue “P” from S. Bryant to a point east of the intersection of W. Avenue “P” with S. Chadbourne Street, and other appurtenances and improvements, including channeling, grading, and bank stabilization (collectively “Improvements”); and, WHEREAS, the Project will require the acquisition of right-of-way for drainage utility and construction easements east of S. Chadbourne Street at W. Avenue “P” across private property to include a fifty foot (50’) wide permanent Drainage Utility Easement and an additional forty foot (40’) wide temporary Construction Easement (respectively “Drainage Utility Easement” and “Construction Easement”) as more specifically described in Exhibit “A”, attached and incorporated herein for all purposes; and, WHEREAS, the City Council has determined that acquisition of the described Drainage Utility Easement and Construction Easement are essential components of the Project and that there is a public necessity for, and the public welfare and convenience will be served by, the
  • 189. acquisition of such permanent Drainage Utility Easement and temporary Construction Easement property as more specifically described in Exhibit “A”; and, WHEREAS, the City Council further determines that the value of the property required for the permanent Drainage Utility Easement and the temporary Construction Easement relating to the segment of the Project east of S. Chadbourne Street at W. Avenue “P”, is an amount to be determined by an MAI appraiser retained on behalf of the City; WHEREAS, upon finalization of the negotiations and agreement as to the value of the easement, the City Manager or his designee will seek City Council approval for a final offer at a proposed agreed value for the right of way easement; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO THAT: (1) All of the recitals hereinabove stated are found to be true and correct and are incorporated herein and made a part of this Resolution by reference thereto; and, (2) The City Council of the City of San Angelo, Texas, hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the fifty foot (50’) wide permanent Drainage Utility Easement and forty foot (40’) wide temporary Construction Easement required for the Avenue “P” Street & Drainage Improvement Project as described in Exhibit “A”, attached to this Resolution and incorporated herein for all purposes. (3) The City Council of the City of San Angelo, Texas hereby directs that the amount of just compensation to be offered for acquisition of the described permanent Drainage Utility Easement and temporary Construction Easement be the value as determined by an MAI appraiser retained on behalf of the City. (4) The City Manager, or persons acting under his direction, is authorized to retain an MAI appraiser on behalf of the City to make a determination of the value of the easement, and to make a final written offer to the owners of property described in Exhibit “A” for acquisition of the necessary permanent Drainage Utility
  • 190. Easement and Construction Easement at the full amount of the value thereof as determined by the MAI appraiser retained on behalf of the City, which is determined and established to be just compensation therefore. (5) Should any property owner decline the offer then the City Manager or his designee is hereby authorized, in his discretion and on behalf of the City, to further negotiate the purchase price for the easement, including any damage or benefits to the remainder property, and submit a proposed, revised just compensation amount to the City Council for approval. (6) The City Manager, or persons acting under his direction, is authorized to cause eminent domain proceedings to be initiated to acquire by condemnation any or all of said permanent Drainage Utility Easement and Construction Easement for the property described in Exhibit “A”, in accordance with applicable law, in the event that the City of San Angelo, through its representatives, has negotiated with the owners of the property involved as required by law and has been unable to agree with the owners on the sum to be paid for the purchase of any or all of said easements and related damages. (7) It is herby found and determined that the meeting at which this resolution is passed is open to the public as required by law and the public notice of the time, place and purpose of said meeting was given as required under Chapter 551 of the Texas Government Code. On motion duly made and seconded, the motion providing in part that the first record vote applies to all units of property to be condemned, PASSED and APPROVED THIS DAY OF JULY, 2013. YES NO CITY OF SAN ANGELO, TEXAS Dwain Morrison, Mayor Rodney Fleming, SMD #1
  • 191. Marty Self, SMD #2 Johnny Silvas, SMD #3 Don Vardeman, SMD #4 H. R. “Winkie” Wardlaw III, SMD #5 Charlotte Farmer, SMD #6 Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Lysia Bowling, City Attorney Tim Wolff, City Engineer
  • 192. City of San Angelo Memo Date: July 12, 2013 To: Mayor and Council Members From: Morgan Chegwidden, Budget Manager Subject: Agenda Item for 7-16-13 Council Meeting Contact: Morgan Chegwidden, 653-6291 Caption: Regular Item Workshop discussion and consideration of matters related to the fiscal year 2013-2014 budget preparation. Summary: This agenda item is to facilitate a workshop to discuss the preparation of the fiscal year 2013-2014 budget. Staff has begun estimating revenues and operating expenses and it is now time for City Council direction and priorities to be addressed for fiscal year 2013-2014. Management and staff continue to work to include criteria that address City Council’s strategic planning priorities in the 2013-2014 budget. At this meeting we will have discussions to set the ground work for adopting the 2013-2014 budget. Staff will review Council’s current adopted strategic priorities and gather further input on additional strategic priorities. History: On February 26, 2013 the City Council held a strategic planning session to identify priorities for future budgets. This information will be utilized to propose a budget that meets City Council’s priorities. In March staff began preparations for the 2013-2014 budget. Budget staff held multiple training opportunities, directors and managers estimated revenue and expense items, and performance measures and services were evaluated. The budget committee convened to further refine the items in the budget to ensure City Council priorities are addressed in the 2013-2014 budget. Financial Impact: None at this time Related Vision Item (if applicable): Financial Vision Other Information/ Recommendation: N/A Attachments: Calendar, Draft Financial Summaries Presentation: PowerPoint Publication: N/A Reviewed by Director: Tina Bunnell, Finance Director
  • 193. Approved by Legal: N/A 2013-2014 Budget Preparation Calendar
  • 194. 2013-2014 Budget Preparation Calendar (continued)
  • 195. City of San Angelo Memo Date: July 11, 2013 To: Mayor and Councilmembers From: Tina Bunnell, CPA, Finance Director Subject: Agenda Item for July 16, 2013 Council Meeting Contact: Jaime Guerrero, Accounting, 325-481-2649 ext 1230 Caption: Regular Item Consideration of nominating and approving two City Council members to serve on the City’s Investment Oversight Committee. Summary: The City’s Investment Policy states that the Committee shall include two City Council members. History: New members will replace departing members Alvin New and Kendall Hirschfeld. Financial Impact: The Committee is responsible for overseeing the City’s investments to assure maximum safety and return. Related Vision Item (if applicable): Not Applicable. Other Information/ Recommendation: Staff recommends that the appointments be made as soon as possible. Attachments: Section Nine of the City’s Investment Policy. Presentation: Jaime Guerrero, Chief Accountant Publication: Not Applicable. Reviewed by Director: Approved by Legal: