NOTICE OF A PUBLIC MEETING                              AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL                ...
5. Consideration of approving recommendations by City of San Angelo Development Corporation on            matters relating...
Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-             1) to High R...
AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT             REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDI...
17. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit             “A” (Z...
_/s/_______________________      Bryan Kendrick, Deputy City ClerkCity Council Agenda                       Page 6 of 6   ...
PROCLAMATIONWHEREAS, Crime Stoppers of San Angelo, Inc. is a community program that relies on the         citizens and med...
CITY COUNCIL MINUTE RECORDThe City of San Angelo                                                                          ...
Page 164                                                                                        MinutesVol. 103           ...
Minutes                                                                                             Page 165December 20, 2...
Page 166                                                                                            MinutesVol. 103       ...
Minutes                                                                                          Page 167December 20, 2011...
Page 168                                                                                           MinutesVol. 103        ...
Minutes                                                                                             Page 169December 20, 2...
Page 170                                                                                             MinutesVol. 103      ...
City of San AngeloMemo Date:          December 16, 2011 To:            Mayor and Councilmembers From:          Will Wilde,...
City of San AngeloMemo Date:         December 15, 2011 To:           Mayor and Councilmembers From:         Will Wilde, Wa...
LAKE NASWORTHY RESIDENTIAL LOT LEASE      This lease is made and entered into by and between the CITY OF SANANGELO, a Texa...
For the Years 2016                 Through 2050         Market Value ** Annual rent shall be the appraised market value of...
laying said line or lines as established by and in accordance with city policies then inexistence.3.4    Lessee expressly ...
requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation ...
5.2     Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas a...
7.2    Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Naswort...
for such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any...
prior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly exec...
OTHER REMEDIES13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due ...
VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION...
EXECUTED in duplicate originals on the _____day of _____________________,20___ by:                                       L...
City of San Angelo                                                      Parks & RecreationMemorandumDate:           Decemb...
Approved by   N/ALegal:
Description:A Lone Star Legacy Park is a park that holds special prominence in the local community and the state of Texas....
The park is associated with events specific to the local community/state.        The park is home to unique natural featur...
Application InformationName of Park: _________________________________________________________________City:_______________...
Attachments:Please attach 10-12 photos documenting park history including unique, natural and historic features of the par...
City of San Angelo                                     P. O. Box 1751                                 San Angelo, Texas 76...
City of San AngeloMemo Date:      December 28, 2011 To:        Mayor and Councilmembers From:      Shawn Lewis, Director o...
Council prior making expenditures for new initiatives.Financial Impact:         a. Chamber of Commerce - $225,000         ...
ECONOMIC DEVELOPMENT MARKETING SERVICES CONTRACTTHE STATE OF TEXAS                       §                                ...
Article 1.     TermThis Agreement shall begin October 1, 2011, and terminate September 30, 2012, unless either Partytermin...
Article 4.    Use of FundsIt is expressly understood and agreed by COSADC and Chamber that all funds received from COSADCb...
City Council January 3, 2012 Agenda Packet
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City Council January 3, 2012 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, January 3, 2012 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamation “Crime Stoppers’ Month in San Angelo”, January 2012, to be accepted Crime Stoppers’ representatives Linda Ashton and Gary Samad 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 December 20, 2011 City Council Regular meeting minutes 2. Consideration of authorizing the sale of the following properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements: a. 3253 Red Bluff Road West (Lewis) b. 3045 Red Bluff Road (Crumrine) 3. Consideration of approving a residential lease renewal at Lot 37, Group Shady Point, 1902 Shady Point Circle (Cain), and authorizing the Water Utilities Director to execute the same 4. Consideration of authorizing the Mayor to execute a letter of support on behalf of the City for application for Lone Star Legacy Park status with the Texas Recreation and Park Society for Civic League ParkCity Council Agenda Page 1 of 6 January 3, 2012
  2. 2. 5. Consideration of approving recommendations by City of San Angelo Development Corporation on matters relating to the following contracts: a. Consideration of approving a contract by and between the City of San Angelo Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector primary job growth and investment fostering economic development, and authorizing execution thereof b. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of Neighborhood and Family Services Department administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof c. Consideration of authorizing the City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof 6. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-19: Maranatha Church AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-20: Norman Dierschke AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 8. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-22: San Angelo Independent School District AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 323 Penrose Street on the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G.City Council Agenda Page 2 of 6 January 3, 2012
  3. 3. Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS- 1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 9. Second hearing and consideration of adoption of an Ordinance amending the Downtown Development District AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE 10. Second Hearing and consideration of adoption of an Ordinance amending established boundaries of Single Member District 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE 11. Second hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for encumbrances, restricted and dedicated moneys, incomplete projects, and grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTSIII. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo G. PUBLIC HEARING AND COMMENT 12. Second hearing and consideration of adoption of an Ordinance regarding Merchandising, Advertising, and Signs AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Parks and Recreation Director Carl White) 13. Second public hearing and consideration of adoption of an Ordinance amending the Tax Increment Reinvestment ZoneCity Council Agenda Page 3 of 6 January 3, 2012
  4. 4. AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Community and Economic Development Director Shawn Lewis) 14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-23: First Financial Bank 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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-24: City of San Angelo 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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-21: Titan Investments, LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEET EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SAN ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THE ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)City Council Agenda Page 4 of 6 January 3, 2012
  5. 5. 17. 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 SU 11-04: William Sartain 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: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer sales, excluding Semi-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 18. Consideration of authorizing staff to negotiate a lease agreement with the People Plant Connection for the development of a community garden at Rio Vista Park (Presentation by Parks and Recreation Director Carl White) 19. Presentation and update on the Hickory Aquifer Water Supply Project (Presentation by Water Utilities Director Will Wilde) 20. Consideration of matters related to Request for Proposal HR-03-11: a. Discussion of proposals submitted for Request for Proposal HR-03-11 for Individual and Aggregate Stop Loss insurance. b. Consideration of selecting Benefit Provider related to Request for Proposal HR-03-11 and authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents (Presentation by Human Resources Director Lisa Marley) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 21. Consideration of matters discussed in Executive/Session, if needed 22. Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COSADC) Board to amend the City of San Angelo Development Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and revising outdated contact information (Presentation by Development Coordinator Robert Schneeman) 23. Consideration of an offer of economic incentives to a medical device company considering locating in San Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and lease assistance and any action in connection thereto 24. Consideration of various Board nominations by Council and designated Councilmembers: a. Animal Service Advisory Committee: Reba Colburn (SMD1) to a 1st term through January 2014 25. Consideration of Future Agenda Items 26. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, December 29, 2011, at 5:00 P.M.City Council Agenda Page 5 of 6 January 3, 2012
  6. 6. _/s/_______________________ Bryan Kendrick, Deputy City ClerkCity Council Agenda Page 6 of 6 January 3, 2012
  7. 7. PROCLAMATIONWHEREAS, Crime Stoppers of San Angelo, Inc. is a community program that relies on the citizens and media to assist law enforcement with unsolved crimes and locating wanted fugitives in San Angelo and the surrounding area; andWHEREAS, Crime Stoppers of San Angelo, Inc. will be hosting a reception on Thursday, January 12, 2012 at the Southland Baptist Church to celebrate their 30th Anniversary of helping fight crime in our community; andWHEREAS, In 2011, Crime Stoppers of San Angelo, Inc. received over 2,000 calls which resulted in 75 cleared cases, 65 arrests of individuals, and over $8,000 in stolen property and narcotics recovered in the San Angelo area; andWHEREAS, Since its inception in 1981, Crime Stoppers of San Anglo, Inc. has paid out over $275,000 in reward money and recovered/seized $6,576,000 in stolen property and narcotics as a direct result of Crime Stoppers efforts in San Angelo; andWHEREAS, Crime Stoppers of San Angelo, Inc. is an important tool for local law enforcement because it raises community awareness of the problem of crime in San Angelo and the surrounding area.NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the CityCouncil, do hereby proclaim the month of January 2012 as CRIME STOPPERS’ MONTH IN SAN ANGELOand urge all citizens to take an active role in helping to solve crimes and apprehend knownfugitives by reporting information that will help law enforcement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 3rd day of January, 2012. THE CITY OF SAN ANGELO ____________________________________ ALVIN NEW, MAYOR
  8. 8. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 163Tuesday, December 20, 2011 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, December 20,2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All dulyauthorized members of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Adams, thus constituting a quorum.Whereupon, the following business was transacted:An invocation was given by Rev. William Hickman of Maranatha Church and pledge was led by Glenn Jr. HighSchool Student Council.RECOGNITIONS“2011 Sports Complex of the Year”, by the Texas Turfgrass Association at the Annual Winter Conference andAwards was accepted by Parks Employees: Roger Havlak, Parks Superintendent, Mike Hitchcock, DeputySuperintendent), Sean Nelsen, Sports Field Coordinator, Stephen Conley, Irrigation Supervisor, Ben Wilha,Senior Irrigation Technician, Jason Campbell, Texas Bank Sports Complex Crew Leader, Gilbert Pedroza,Senior Maintenance Worker, Sean McCallum, Senior Maintenance Worker, Henry Rodriquez, MaintenanceWorker, Marcus Hinojosa, Maintenance Worker, and Marvin Williams, Maintenance Worker“2011 George C. Askew Award” for the “The Lake Nasworthy Parks Plan,” by the American Academy ofCertified Public Managers, was accepted by Carl White, Parks and Recreation Director, and Anthony Wilson,Civic Events ManagerPUBLIC COMMENTPublic comment was made by Citizen Dale Carnes regarding the time TrashAway empties trash receptacles.CONSENT AGENDAAPPROVAL OF THE DECEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BID WU-15-11 FOR SODIUM HYPOCHLORITE TO ALTIVIA CORPORATION(HOUSTON, TX) IN THE AMOUNT OF $62,060.00 AND AUTHORIZING THE CITY MANAGER ORHIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTSAWARD OF BID PRO-03-11 FOR THE SALE OF PROPERTY FIRE STATION #7 TO RICHARDSALMON (SAN ANGELO, TX), IN THE AMOUNT OF $136,600.00 AND AUTHORIZING THE CITYMANAGER TO EXECUTE A REAL ESTATE CONTACT OF SALE AND ANY NECESSARYRELATED DOCUMENTS
  9. 9. Page 164 MinutesVol. 103 December 20, 2011ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THESALE OF TAX LOTS:1142 E 26th Street, (Duran), Lot 11, Block ‘J’, Bradford Annex Addition, $1,700, Suit No. B-05-0194-T(ANNEX A, PAGE , RESOLUTION #2011-12-133R)1011 E 22nd Street, (Duran), Lot 5 & W ½ of Lot 6, Block 25, Exall Addition, $1,800, Suit No. B-030094-T(ANNEX B, PAGE , RESOLUTION #2011-12-134R)802 E 22nd Street, (Duran), Lot 15 & 16, Block 28, Exall Addition, $3,000, Suit No. C-08-0030-T(ANNEX C, PAGE , RESOLUTION #2011-12-135R)Near 2321 Juanita Avenue, (Duran) Lot 9, Block 17, Forest Park Addition, $1,800, Suit No. TAX90-0412B(ANNEX D, PAGE , RESOLUTION #2011-12-136R)Near 2321 Juanita Avenue (2), (Duran) Lot 10, Block 17, Forest Park Addition, $1,900, Suit No. B-06-0145-T(ANNEX E, PAGE , RESOLUTION #2011-12-137R)2508 Lindell Avenue, (Duran), Lot 3, Block 32, Forest Park Addition, $1,600, Suit No. B-06-0211-T(ANNEX F, PAGE , RESOLUTION #2011-12-138R)AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDERNO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSAENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THEAIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $161,998.00 AT SAN ANGELOREGIONAL AIRPORTAPPROVAL OF A MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THECONCHO VALLEY REGIONAL ADVISORY COUNCIL (CVRAC), AUTHORIZING SHARING OFTHE COSTS OF WEBEOC, A WEB BASED COMMUNICATIONS SOFTWARE, THAT ALLOWS FORSECURE, REAL-TIME ACCESS TO EMERGENCY RESPONSE INFORMATION ANDCOMMUNICATIONS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAIDAGREEMENTSECOND HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO,TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BEAPPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’SCORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNERSURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A.EGGLESTONE SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OFWASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAYAND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THEEXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TOTHE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALLNECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBINGTHE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SANANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; PROVIDING A SERVICE PLANTHEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO-RATAPART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES ANDRESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING ASEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (ANNEX G, PAGE ,ORDINANCE #2011-12-139)APPROVAL OF A RECOMMENDATION BY THE TAX INCREMENT REINVESTMENT ZONEBOARD (TIRZ) TO PURCHASE A TOTAL OF 30 TRASH RECEPTACLES FOR THE DOWNTOWNAREA IN CONJUNCTION WITH DOWNTOWN SAN ANGELO, INC. THE TOTAL EXPENDITUREBY TIRZ BEING $17,995.00Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Farmer. Motion carried unanimously.
  10. 10. Minutes Page 165December 20, 2011 Vol. 103REGULAR AGENDA: PUBLIC HEARING AND COMMENTPRESENTATION ON THE SANTA FE MUNICIPAL GOLF COURSE BY TWO PRO MANAGEMENT,INCLUDING AN UPDATE ON IMPROVEMENTS AND PROGRAMSParks and Recreation Director Carl White and Two Pro Management representatives Kevin Collins and DwainPass presented background information. A copy of the presentation is part of the Permanent SupplementalMinute record.General discussion was held on lease between the City and Two Pro Management, future water sources,advertisement possibility, concessionaire, programs, and future potential revenue efforts.PRESENTATION AND UPDATE ON THE DOWNTOWN SAN ANGELO MAIN STREET PROGRAMDSA Executive Director Genora Young presented background information. A copy of the presentation is part ofthe Permanent Supplemental Minute record.General discussion was held on the DSA and Central Business district areas, sales tax collection, stationarymaps,RECESSAt 10:26 A.M., Mayor New called a recess.RECONVENEAt 10:47 A.M., Council reconvened, and the following business was transacted:UPDATE ON PARTICIPATION AND STATUS OF EMPLOYEE WELLNESS PROGRAMHuman Resources and Risk Management Director Lisa Marley and Wellness Coordinator Christy Nesbitt, R.N.presented background information. A copy of the presentation is part of the Permanent Supplemental Minuterecord.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-19: Maranatha ChurchAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITHA COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street andHenderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing thezoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELOZ 11-20: Norman DierschkeAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12
  11. 11. Page 166 MinutesVol. 103 December 20, 2011ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITHA COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) toNeighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld.Public comments were made by Proponent Norman Dierschke.A vote was taken on the motion on the floor. Motion carried unanimously.CONSIDERATION OF THE FOLLOWING MATTERS RELATED TO THE EARLY RETIREEREINSURANCE PROGRAM (ERRP) REIMBURSEMENT FUNDS• ACCEPTANCE OF ERRP FUNDSHuman Resources and Risk Management Director Lisa Marley presented background information.Motion, to accept the funds, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Morrison. Motion carried unanimously.• DISCUSSION AND POSSIBLE ACTION REGARDING ALLOCATION FOR USE OF ERRP FUNDS RECEIVED IN THE AMOUNT OF $343,287.50 AND BASED ON THE 2010 HEALTH INSURANCE CLAIMSHuman Resources and Risk Management Director Lisa Marley and City Manager Harold Dominguez presentedbackground information.Mr. Dominguez commented on the stabilization funds at currently at 63 days, ideal is 75, goal is 90. Staffrecommends allocation to stabilization of the self insurance fund.General discussion was held to allocate funds in a specific fund to assist with rate fluctuations in order tostabilize future increases. Ms. Marley stated a Reimbursement Line Item for rate stabilization has been set upfor the specific use of the ERRP funds and the account use must meet specific criteria and audit trail methods.Mr. Dane suggested moving the same amount into another account in order to utilize those funds as unrestrictedfunds.Motion, to allocate Early Retiree Reinsurance Program (ERRP) Reimbursement Funds in the amount of$343,287.50 to the Self Insurance fund to be used as reimbursement funds; with the understanding to utilizeequal funds for catastrophic claims experience and rate stability, was made by Councilmember Farmer andseconded by Councilmember Hirschfeld.Council requested a future item to consider designating the number of days for the self insurance fund balancein order to build the fund accordingly.Public comments were made by Lt. Steve Wilson regarding the guarantee to employees that the future increaseswill be paid from this account and Retiree Russell Smith.A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer.NAY: Councilmember Morrison. Motion carried 5-1.RECESSAt 12:40 P.M., Mayor New called a recess.
  12. 12. Minutes Page 167December 20, 2011 Vol. 103EXECUTIVE/CLOSED SESSIONCouncil did not convene in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value ofreal property; and, Section 551.087 to discuss an offer of financial or other incentive to a company orcompanies with whom the City of San Angelo is conducting economic development negotiations and which theCity of San Angelo seeks to have, locate, stay or expand in San Angelo.RECONVENEAt 1:17 P.M., Council reconvened, and the following business was transacted:SECOND PUBLIC HEARING AND FAILURE OF ADOPTION OF AN ORDINANCE AMENDING THETAX INCREMENT REINVESTMENT ZONEAN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENTZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED“TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY;AND, PROVIDING FOR AN EFFECTIVE DATECity Manager Harold Dominguez presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to adopt the Ordinance, was made by Councilmember Morrison and seconded by CouncilmemberSilvas. AYE: Morrison, Silvas, and Farmer. NAY: New, Alexander, and Hirschfeld. Motion failed.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ESTABLISHEDBOUNDARIES OF SINGLE MEMBER DISTRICT 4AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THEESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OFINCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCEAND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATECity Clerk Alicia Ramirez presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.PUBLIC HEARING AND ADOPTION OF A RESOLUTION DECLARING TAXABLE BY THE CITY OFSAN ANGELO ALL GOODS-IN-TRANSIT AS COVERED BY THE TEXAS PROPERTY TAX CODE,SECTION 11.253 FOR TAX YEAR 2012 AND FOR EVERY TAX YEAR THEREAFTER (ANNEX H,PAGE , RESOLUTION #2011-12-140R)Finance Director Michael Dane presented background information.Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded byCouncilmember Morrison. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETEPROJECTS, AND GRANTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEARBEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES,RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTSFinance Director Michael Dane presented background information.
  13. 13. Page 168 MinutesVol. 103 December 20, 2011Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SANANGELOZ 11-22: San Angelo Independent School DistrictAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITHA COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the southwest corner of Penrose Street and FortMcKavett Road, specifically occupying 3 Acres of G. Blum Survey A-0059 S-0166, changing the zoningclassification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Alexander and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THEDOWNTOWN DEVELOPMENT DISTRICTAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THATEXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FORSEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATEPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.General discussion was held on the approval and intent of the map, the master developer concept, and bringingall the City plans together to work from collectively.Motion, to approve the map, as presented, was made by Councilmember Silvas and seconded byCouncilmember Farmer. Motion carried unanimously.POSTPONEMENT OF CONSIDERATION AND POSSIBLE ACTION REGARDING ARECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC)BOARD TO AMEND THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION GUIDELINESFOR JOB CREATION ASSISTANCE SECTION ENTITLED ELIGIBILITY OF APPLICANTS ANDREVISING OUTDATED CONTACT INFORMATIONCouncilmember Hirschfeld requested postponement of this item. Council concurred.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REGARDINGMERCHANDISING, ADVERTISING, AND SIGNSAN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED“LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BYREPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”,
  14. 14. Minutes Page 169December 20, 2011 Vol. 103ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING ANDSIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDINGFOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATEParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Farmer and seconded byCouncilmember Alexander. Motion carried unanimously.DISCUSSION AND POSSIBLE ACTION ON THE CITY OF SAN ANGELO’S NOISE ORDINANCE ANDRELATED MATTERSCity Manager Harold Dominguez and City Attorney Lysia H. Bowling presented background information.Councilmember Farmer commented on the clarification of the Police Officer’s duty to the City or businessowner, decibel levels and the testing of such levels from the origination point or complainant point, andprocessing payment of such security assignments through the City coffers.Responding to the concerns, Chief of Police Tim Vasquez explained the duty of any officer is to the City andthe State Law, payroll related issues regarding overtime, benefit loaded costs, worker’s compensation, conductimmunity, or any liability;Mr. Dominguez stated the processing of payment will be a loaded cost reaching from 30 to 50 per hour.Counter complaints will be handled through the judicial processMs. Bowling commented on various sample ordinances, specifically noting what other cities have examined andaccomplished.General discussion was held on the technical aspect of the issue, the further review by a professional in thisfield, the complainant’s constitutional rights, failure to make an official complainant,FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.POSTPONEMENT ON THE APPROVAL OF AN OFFER OF ECONOMIC INCENTIVES TO A MEDICALDEVICE COMPANY CONSIDERING LOCATING IN SAN ANGELO INCLUDING, BUT NOT LIMITEDTO, A TAX REBATE, JOB CREATION GRANT, BUILDING RENOVATION GRANT AND LEASEASSISTANCEAPPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBERS:Civic Events Board: Bridget Carr (SMD6) to a 1st full term October 2014Planning Commission: Darlene Jones (SMD6) to an unexpired term January 2014Motion, to approve various board nominations by Council and designated Councilmembers, was made byCouncilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed January 3, 2012 Agenda and solicited Councilcomments and suggestions.
  15. 15. Page 170 MinutesVol. 103 December 20, 2011Mayor New will not be available on Jan 3.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motioncarried unanimously.The meeting adjourned at 3:15 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-GIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  16. 16. City of San AngeloMemo Date: December 16, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Agenda Item for January 3, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consent Item Consideration of authorizing the sale of the following residential properties for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements. Summary: Lewis 3253 Red Bluff Road West Lot 111, Group Red Bluff $76,900 Crumrine 3045 Red Bluff Road Lot 66, Group Red Bluff $46,900 Otho 2626 Sleepy Hollow Road Lot 11, Fishermans Road $92,734 Ellis 2041 American Legion Lot 22, Group 2 $93,655 History: None. Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Lewis; Crumrine; Otho; Ellis) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 16, 2011.
  17. 17. City of San AngeloMemo Date: December 15, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Consent Item for January 3, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Chris Cain at Lot 37, Group Shady Point, 1902 Shady Point Circle, and authorizing the Water Utilities Director to execute the same. Summary: The leaseholder’s current lease expires in 2044 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract. Financial Impact: Current lease fees: 2004-2013 $744.00 2014-2023 $893.00 2024-2044 Market Value New lease fees: 2012-2013 $863.00 2014-2023 $893.00 2016-2050 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Attachments: Lease Renewal (Chris Cain) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, December 15, 2011.
  18. 18. LAKE NASWORTHY RESIDENTIAL LOT LEASE This lease is made and entered into by and between the CITY OF SANANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,San Angelo, Tom Green County, Texas 76902, and Chris Cain whose address is1902Shady Point Circle. I. DEMISE OF LEASED PREMISES1.1 In consideration of the mutual covenants, conditions and agreements set forth inthis lease, Lessor hereby demises and leases to Lessee, and Lessee hereby acceptsand leases from Lessor, the following described real property (hereinafter called "leasedpremises") situated in San Angelo, Tom Green County, Texas: Lot 37, 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 1902 Shady Point Circle). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning January 1, 2012and ending December 31, 2051, in consideration of the initial payment of $150.00,which payment includes the granting fee, receipt of which payment is herebyacknowledged, and the further consideration of Lessees payment of future annual rentin accordance with subsequent paragraphs hereof and Lessees compliance with thestipulations and conditions hereinafter set forth. TIME AND MANNER OF PAYMENT2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water UtilitiesDepartment, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place asLessor may from time to time designate by written notice to Lessee. Such rent shall bepaid annually on or before July 1 during the term of this lease in accordance with thefollowing schedule: Dates Annual Rent For the Years 2012 Through 2013 $863 For the Years 2014 Through 2023 $893
  19. 19. For the Years 2016 Through 2050 Market Value ** Annual rent shall be the appraised market value of the leased premises multiplied by afactor of 0.08. Such appraised market value shall be determined and adjusted inaccordance with applicable City ordinances in effect at the time of execution of thislease. DELINQUENT PAYMENTS2.3 Lessee shall pay to Lessor a late charge or interest for any rent received byLessor after the date that the rent is due in accordance with established ordinances,provided however, that this provision for late charges or interest shall not be construedas a waiver of the right of Lessor to terminate this lease at its option as authorizedherein. HOLD OVER2.4 Any holding over by Lessee of the herein leased premises after the expiration ofthis lease shall operate and be construed only as a tenancy from month to month,terminable at the will of Lessor. III. DEBTS RELATED TO LEASED PREMISES UTILITIES3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay suchcharges shall, at the option of Lessor, result in forfeiture of this lease. TAXES3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,general and special assessments, and other charges of every description which duringthe term of this lease may be levied on or assessed against the leased premises and allinterest therein and all improvements and other property thereon, whether belonging toLessor or Leaser to which either of them may become liable. Lessee shall pay all suchtaxes, charges, and assessments to the public officer charged with the collection thereofnot less than fifteen (15) days before the same shall become delinquent, and Lesseeagrees to indemnify and save harmless Lessor from all such taxes, charges andassessments. Failure to pay such taxes and special assessments as provided hereinshall, at the option of Lessor, result in forfeiture of this lease. WATER, SEWAGE, PAVING IMPROVEMENTS3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in thevicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
  20. 20. laying said line or lines as established by and in accordance with city policies then inexistence.3.4 Lessee expressly agrees that if city water or sewer lines are ever located within200 feet of the leased premises, Lessee will tie on to such service at its own expense atthe price established for that specific Lake Nasworthy area.3.5 In the event the Lessor institutes a paving program abutting the leased premises,Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant toprevailing city policies. IV. RULES AND REGULATIONS4.1 The rules and regulations provided in those certain ordinances of the CityCouncil of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known asthe Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendmentsadopted heretofore or hereafter are expressly incorporated herein by reference as termsand conditions of this lease. This lease is expressly made subject to any ordinancesadopted in the future by the Council for the regulation of Lake Nasworthy andsurrounding property, including but not limited to, safety, sanitation, and ecologicalrequirements. Any breach of said rules and regulations shall, at the option of the Lessor,result in forfeiture of this lease. This lease will be managed by the Water UtilitiesDepartment of the City of San Angelo subject to the approval of the Council. V. USE OF LEASED PREMISES CONSTRUCTION BY LESSEE5.1 The premises shall be used only for a single family residence and lawful usesincidental thereto, and in this connection the following shall be applicable: a. No structure shall be constructed in excess of two stories in height. b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line. c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence. d. All structures shall have a foundation that complies with Lessors building code. e. No outside toilets shall be constructed or maintained on leased premises, 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
  21. 21. requirements. No septic tank shall be placed, constructed, or maintained nearerthan 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to anyproperty line. All wastewater facilities shall conform to all of the Citys wastewaterordinances, where applicable. No sewer or drain shall empty into the lake or beconstructed so as to flow or wash into the lake. No concrete storm drains may beconstructed without the prior approval of the Water Utilities Department, ZoningBoard of Adjustment, Planning Commission and/or Council, as applicable.f. No structure shall be constructed closer than five (5) feet to any property line.g. No trees may be removed from the leased premises without the prior writtenconsent of the Water Utilities Director.h. No improvements or construction work of any kind, including but not limited to,houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,excavations, fills, and other types of structures or improvements, shall be built orperformed on leased premises without prior approval of the Water UtilitiesDepartment, Zoning Board of Adjustment, Planning Commission and/or Council,as applicable.i. Lessee agrees to comply with all provisions of the Official Code of the City ofSan Angelo ("Code"), as such now exists or may hereafter be amendedincluding, but not limited to, those provisions regarding building permits andpermit fees; inspections and fees therefore; building, plumbing, electrical, and firestandards or requirements; and the regulation of septic tanks.j. After any permit is granted, Lessee expressly agrees that all improvements orconstruction work shall be built or performed in strict compliance with the termsof the permit and approval granted, that construction shall commence within six(6) months following the date of the permit, and that all construction shall becompleted within one (1) year of the date of the permit.k. Lessee may request from the Council a variance or deviation from any term orcondition contained herein.l. The Council, prior to granting any extension of an existing lease or a new leasecovering the leased premises shall have the right to review the leased premisesand improvements thereon and submit in writing to the Lessee the requirements,if any, which shall attach to and become a part of this lease, necessary forcompliance with the above-mentioned provisions of the Code. Failure of theLessee to abide by and comply with said requirements will be grounds toterminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS
  22. 22. 5.2 Lessor, its agents or assigns, reserves the privilege and right at any time toexecute and deliver valid oil, gas and other mineral leases upon the leased premises,and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,telegraph or electric pole transmission lines on said premises, or any part thereof, andin such event this lease shall be subject and subordinate to the rights, terms andprivileges of any such oil, gas and other mineral leases or such easements as may havebeen executed heretofore or hereafter by Lessor, its agents or assigns. An easementacross leased premises is hereby retained by Lessor for the purpose of laying sewerand water lines and/or for necessary rights-of-way for roads, alleys or otherthroughways. VI. ENCUMBRANCE OF LEASEHOLD ESTATE ENCUMBERING LEASEHOLD INTEREST ONLY6.1 Lessee shall not have the right to encumber the fee simple, but Lessee mayrequest Lessors written consent (pursuant to article XII of this lease) to encumber theleasehold estate, personal property or improvements made by Lessee which may beremoved from the realty without injury to the realty; provided however, that nomortgagee nor anyone who claims by, through or under such mortgage or deed of trustshall, by virtue of such mortgage or deed trust, acquire any greater or more extendedrights than Lessee has under this lease but such mortgage or deed of trust shall be inevery respect subject, subservient and subordinate to all of the conditions, provisions,requirements, covenants and obligations of this lease. The mortgagee under any suchdeed of trust or mortgage shall have the right to assume this lease and perform itsterms and conditions to protect itself. NOTICES TO LENDER6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed oftrust has been given and executed by Lessee and furnish Lessor with the address towhich it desires copies of notices to be mailed. Lessor agrees to mail to lender ormortgagee or its designated agent or representative, at the address given, a copy ofany notice which Lessor gives, mails, or serves on Lessee under the terms of this leaseafter receipt of such a notice from the lender or mortgagee. VII. CONDITION OF PREMISES NO WARRANTY7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THECONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. AVAILABILITY AND USE OF LAKE WATER
  23. 23. 7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy. Lessee can use water from the lake, river, and/or wells on the premises fordomestic purposes and water of existing trees and shrubs; but no water will be removedfrom the premises. Use of water for irrigation is expressly prohibited. Lessee shall usewater in a conservative manner, and any abusive use of water shall be grounds fordenying the use of water to the Lessee. Lessee shall pay the applicable water usecharge as set by the Lessor, for water or raw water usage, as the case may be. VIII. REPAIRS AND MAINTENANCE LESSEES DUTY TO REPAIR AND MAINTAIN8.1 Lessee agrees to keep and maintain any and all structures erected or caused tobe erected or placed on the leased premises in good and tenantable condition, tomaintain its appearance, and to landscape and keep said premises cleared of allobjectionable matter, things, and vegetation. Leased premises shall not be used for theoutside storage of usable materials for unreasonable lengths of time. In the eventLessee shall fail to maintain leased premises in a manner acceptable to Lessor, afternotice to Lessee as prescribed by city ordinance, the Lessor shall cause leasedpremises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost ofany such clearing, cleaning, and mowing to be billed to it or added to the next annualrental payment, with interest at the rate of ten percent (10%) per annum beginning thirty(30) days from the date on which the work was completed, and continuing until suchcost is paid in full. DAMAGE OR DESTRUCTION8.2 The parties hereto acknowledge that the leased premises are within an areasubject to overflow and flooding and it is expressly agreed between the parties thatneither Lessor nor any of its agents or employees shall be liable to Lessee for anydamages caused in any manner, negligent or otherwise, by high water or floods at LakeNasworthy, nor by the rivers or creeks which serve as its sources of supply or diversionchannels, nor by reason of any work deemed necessary in Lessors sole judgment inthe maintenance of said Lake and sources of supply or diversion channels and alldamages occasioned thereby are hereby waived, and when Lessor (or any agentthereof) deems it necessary to enter on the leased premises for any of the abovepurposes, its judgment shall be conclusive. IX. SUSPENSION OF PRIVILEGES HEALTH MATTERS9.1 It is expressly understood and agreed that Lessor may at any time, without noticeto Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
  24. 24. for such length of time as in its sole judgment is necessary for the purpose ofsuppressing or arresting an epidemic of any contagious or infectious disease, or when,in its sole judgment, any suspension of privileges is necessary to protect the health ofthe water consumers of San Angelo, Texas. In the event privileges are suspended byLessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee anamount equal to the market value of any structures or improvements hereto made orerected on leased premises in compliance with the terms of this lease. PUBLIC PURPOSES9.2 If Lessor shall deem that leased premises are required for any public purpose orthat condemnation is necessary, Lessor shall have the right to terminate this lease bygiving ninety (90) days written notice of such termination to Lessee and any mortgageewho has notified the Water Utilities Department of its lien and its address for noticepurposes; and Lessee agrees to promptly deliver possession of leased premises toLessor; and this lease shall terminate upon the expiration of ninety (90)days after thedate of such notice; and in such event Lessor shall pay Lessee an amount equal to themarket value of any structures or improvements hereto made or erected on leasedpremises in compliance with the terms of this lease. X. RELEASE10.1 Lessee expressly releases Lessor, its officers, agents, and employees from anyand all claims for damages of any kind by reason of the condition of the premiseshereby leased, or any improvements thereon or any damages incurred in the enjoymentor exercise of the privileges granted hereunder, or for damage to its person or propertycaused by the opening of the gates at Nasworthy Dam, the lowering of the normal waterelevation in the lake, or due to flood or high water, or any fluctuating water levels whichmay arise in the use and operation of Lake Nasworthy, or in the joint use and operationof Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposesof recreation, irrigation, and water supply, or for any other purpose. XI. INDEMNIFICATION11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, andemployees, free and harmless from any claims for damages or injury, including death,to persons or property, or any liability incurred as a result of the exercise of theprivileges conferred by this lease, and agrees to reimburse Lessor for any expensesincurred in the defense of any such claim, including reasonable attorneys fees andcourt costs actually incurred. XII. TRANSFER, ASSIGNMENT, AND SUBLETTING12.1 Lessee may not transfer or assign the leased premises, in whole or in part,without the prior written consent of the Lessor, which consent will not be unreasonablywithheld. Lessee may not sublet the leased premises, in whole or in part, without the
  25. 25. prior written consent of the Lessor. Any such transfer, assignment or sublease shall beevidenced in writing, properly executed and acknowledged by both parties thereto; acopy shall be delivered to Lessor and the original shall be recorded in the office of theCounty Clerk of Tom Green County, Texas. It is agreed, however, that each suchtransfer, assignment or sublease shall be subject to the obligations to Lessor as setforth in this lease and shall not release Lessee or Lessees obligations under the lease. XIII. ABANDONMENT, DEFAULT AND REMEDIES NOTICE OF INTENT TO TERMINATE LEASE13.1 In the event Lessee shall (1) abandon the premises or (2) default in performanceof any of the covenants and conditions required herein to be kept and performed byLessee and such default continues for a period of thirty (30) days, Lessor shall have theright to terminate this lease. Lessor will give thirty (30) days written notice of its intentionto terminate the lease to Lessee and any mortgagee who has notified the Water UtilitiesDepartment of its lien and its address for notice purposes, and Lessee and anymortgagee will have such thirty (30) days within which to cure such default and therebyavoid termination. Notice shall be sufficient if delivered to Lessee at the addressspecified in this lease or at such other address as Lessee may in writing designate toLessor. Upon Lessors election to terminate, this lease shall cease. POSSESSION13.2 Lessee agrees at the termination of this lease to deliver possession peacefully tothe Lessor or its agents or employees; and if it fails to give peaceful possession, Lessormay take forceful possession of said premises and eject all parties therefrom withoutbeing guilty of trespass; and all damages occasioned thereby are hereby waived. REMOVAL OF IMPROVEMENTS13.3 All buildings and other improvements placed on the property by Lessee (excepttrees, shrubs, flowers and plants) which may be removed without injury to the realtyshall remain the property of Lessee. It is understood and agreed, however, thatbuildings and improvements shall be held by the Lessor until all rentals due Lessor byLessee shall have been paid, and should any amount remain unpaid for more than thirty(30) days after termination of this lease, the Lessor shall have the right to sell suchbuildings and improvements and apply the proceeds to the amount due Lessor, withinterest at the annual rate of ten percent (10%), and to any costs incident to the sale,and pay the balance remaining, if any, to Lessee. All property remaining on thepremises after the expiration of ninety (90) days following the termination of this lease,however terminated, shall be deemed abandoned by Lessee and shall become theproperty of Lessor.
  26. 26. OTHER REMEDIES13.4 Any termination of this lease shall not relieve Lessee from the payment of anysum or sums that are due and payable to Lessor under the lease, or any claim fordamages then or previously accruing against Lessee under this lease, and any suchtermination shall not prevent Lessor from enforcing the payment of any such sum orsums or claim for damages by any remedy provided for by law, or from recoveringdamages from Lessee for any default under the lease. All rights, options, and remediesof Lessor contained in this lease shall be construed and held to be cumulative, and noone of them shall be exclusive of the other, and Lessor shall have the right to pursueany one or all of such remedies or any other remedy or relief which may be provided bylaw, whether or not stated in this lease. No waiver by Lessor of a breach of any of thecovenants, conditions, or restrictions of this lease shall be construed or held to be awaiver of any succeeding or preceding breach of the same or any other covenant,condition, or restriction contained in this lease. XIV. MISCELLANEOUS RELATIONSHIP OF LESSOR AND LESSEE14.1 The relationship between Lessor and Lessee at all times shall remain solely thatof landlord and tenant and shall not be deemed a partnership or joint venture. PARTIES BOUND14.2 This agreement shall be binding upon and inure to the benefit of the parties ofthe lease and their respective heirs, executors, administrators, legal representatives,successors and assigns. HEADINGS14.3 The paragraph headings contained herein are for convenience and referenceand are not intended to define, extend or limit the scope of any provisions of this lease. SUPERSEDES PRIOR AGREEMENTS14.4 If this lease replaces another lease, all prior agreements are superseded by thislease. ENTIRE AGREEMENT/AMENDMENTS14.5 This lease constitutes the entire agreement between the parties, and Lessor isnot bound by any agreement, condition or stipulation, understanding or representationmade by any of Lessor’s agents not contained herein. No amendment to this lease shallbe effective unless such is in writing and signed by both parties.
  27. 27. VIOLATIONS OF LEASE14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIESTHAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, ORCOVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THISLEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BECONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE. TEXAS LAW TO APPLY14.7 The parties hereby agree that Texas law will control the interpretation orenforcement of this lease. This lease has been executed in Texas, and all obligationshereunder are performable in Tom Green County, Texas. INVALID OR ILLEGAL PROVISIONS14.8 If any provision of this lease is held invalid as to any person or set ofcircumstances, such holding shall not affect the validity of any remaining provision ofthis lease or any provision’s application to other persons not similarly situated or toother circumstances. REIMBURSEMENT OF LESSOR’S EXPENSES14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limitedto, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligationsunder this lease, which include, but are not limited to, collection of rental fees andcollection of utility payments, taxes and other legitimate assessments. NOTICES14.9 All notices concerning this lease shall be in writing and delivered to the parties atthe addresses below: LESSEE: Chris Cain 1902 Shady Point Circle San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902
  28. 28. EXECUTED in duplicate originals on the _____day of _____________________,20___ by: LESSEE Chris CainSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____ by Chris Cain. Notary Public, State of Texas CITY OF SAN ANGELO, LESSOR BY: W. H. WILDE, Director Water Utilities DepartmentSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of SanAngelo, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas
  29. 29. City of San Angelo Parks & RecreationMemorandumDate: December 30, 2011To: Mayor and CouncilmembersFrom: Carl White, Parks and Recreation DirectorSubject: Agenda Item for January 3, 2012, Council MeetingContact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724Caption: Consent Agenda Item Consideration of authorizing the Mayor to execute a letter of support on behalf of the City for application to the Texas Recreation and Park Society for Legacy Park status for Civic League Park.Summary: Staff recommends authorizing the Mayor to execute a letter of support on behalf of the City for application to the Texas Recreation and Park Society for Legacy Park status for Civic League Park. The Lone Star Legacy Park is a new designation adopted by the Texas Recreation and Park Society in 2011, to recognize parks that hold special prominence in the local community and the State of Texas. Our Civic League Park more than meets the criteria established to be eligible for this distinction. See the attached application form for more information. There is no previous history on this item.Financial The cost of the application is $200.00 and will be paid out of account #101-Impact: 6000-452.03-50. If designated as a Legacy Park, we have the option to purchase and place a plaque at a cost of about $500.00.Attachments: Proposed letter of support and application information.Presentation: None.Publication: N/AReviewed by: Rick Weise, Assistant City Manager, December 16, 2011
  30. 30. Approved by N/ALegal:
  31. 31. Description:A Lone Star Legacy Park is a park that holds special prominence in the local community and the state of Texas.These parks have endured the test of time and have become iconic to those who have visited, played and restedon their grounds. A designation as a Lone Star Legacy is one of the highest honors that can be bestowed on apark.Parks have played an important role in the development of our communities throughout history. Much likeMain Streets helped to provide commerce and identity, local parks helped to promote community, natural respite and social interaction as communities were founded, developed and prospered. Lone Star Legacy Parks are not meant to be of a specific size, make up or location. The purpose of the designation is to recognize what a park means to a particular community. While New York City is home to Central Park, and Boston has the Common Gardens, communities all over our state have parks that have been a source of great pride and history. Some parks are significant for their natural resources including their forests, springs and San Pedro Park, San Antonio, circa 1918 wetlands. Other parks are noteworthy for annual traditions including parades,pageants and festivals. Lone Star Legacy Parks will honor all of the significant impacts these sites have madeon the people who have walked their grounds.Submitting Applications:Applications are due by January 16, 2012. Successful applicants will be announced at the Texas Recreationand Parks Society Annual Institute in March, 2012. Agencies may submit one park each year for consideration.Multiple submissions from the same agency in one year will not be considered.Criteria:Legacy Parks must be at least 50 years old, designated as a public park and meet at least one of the following: The property represents distinctive design and/or construction. The park is associated with historic events or sites. 1 Lone Star Legacy Parks Award Application (2011)
  32. 32. The park is associated with events specific to the local community/state. The park is home to unique natural features.Application Fee:A $200 fee is due with the application. Fees are used to offset costs for application management and promotionof the Lone Star Legacy Parks program. If selected, an additional fee will be applicable if the agency would liketo order a marker commemorating the designation.If the park is not awarded the designation in the first year, the Review Committee will provide feedback to theagency regarding the application score and areas for improvement. The agency will be able to resubmit theapplication one time within the following three years. A $50 resubmission fee will be applicable. Judging: Judging will be done by a panel consisting of: One (1) TRAPS Citizen Branch Member One(1) Historic/Landmark Commission Member Two (2) TRAPS Professional Members One (1) TRAPS Academic Representative One (1) TRAPS Student Representative One (1) Planning/Landscape Architect Representative Cameron Park, Waco, Texas, circa 1920’s Panel members will review applications and apply points to each criterion. Points will betallied and applications with the highest scores will be awarded the designation. The review committee willmake final decisions on the number of eligible awards to make in a year.Marketing of Lone Star Legacy Parks:All parks designated as Legacy Parks will be included in marketing materials including rack cards, website,PSA’s and other collateral materials as appropriate. These materials will be used to promote the parks and theircommunities as a part of Heritage Tourism. Materials will be updated annually to include newly awarded sites. 2 Lone Star Legacy Parks Award Application (2011)
  33. 33. Application InformationName of Park: _________________________________________________________________City:_________________________________________________________________________Contact: ______________________________ Phone Number: __________________________Mailing Address: _____________________________ Zip: _________ Email: ______________Agency Director: ____________________________________________________Year park was established: _______________________________________________________Original acreage: _____________________________ Current acreage: __________________Is the park owner an agency member of TRAPS? ____ Yes ______ NoHow many staff members of the agency are TRAPS members? _________________________________________ ___________________________________Signature of Agency Director Signature of Agency Executive OfficerApplication Narrative (limit to three pages):1. Please include a narrative describing why this park is deserving of the Lone Star Legacy Parks designation. Include information regarding the park’s original amenities and design, current amenities, unique features, and natural characteristics.2. Explain if the park played a significant role in environmental and/or cultural or heritage preservation within the community. Explain how the park and/or individual resources within the park relate to local or state prominence.3. Describe any historic features or located within the park including any WPA/CCC work and/or any historic designations.4. Please describe any citizen support systems, initiatives or advocacy programs that support the park.5. Please list previous awards given to park.6. Please provide a summary of park usage and average annual attendance. 3 Lone Star Legacy Parks Award Application (2011)
  34. 34. Attachments:Please attach 10-12 photos documenting park history including unique, natural and historic features of the park.A video representing the same is allowed; however, photos will still be required.Please include letters of support from at least three of the following: Resident/Park User City Manager Mayor/Commissioner Park Advisory Board Member Local Civic Club or Organization with ties to the Park Chamber of Commerce Local Historic Commission Academic with specialization in landscape architecture, history, natural resources, etc.Please include letters of verification of historic designation if applicable: Texas Historic Commission Local Historic Commission if locally designated landmarkPlease include a copy of park site plan or master plan if available.Please include a timeline of park history noting major milestones, historic events, renovations & improvements,or natural disasters regarding the park (limit one page). Applications can be mailed to: Texas Recreation and Parks Society 18593 FM 1431 Jonestown, Texas 78645 Application Deadline: January 16, 2012 Balmorhea State Park, circa 1950’s 4 Lone Star Legacy Parks Award Application (2011)
  35. 35. City of San Angelo P. O. Box 1751 San Angelo, Texas 76902 (325) 657-4241 January 3, 2012Dr. Michal Anne LordExecutive DirectorTexas Recreation and Park Society18593 FM 1431Jonestown, Texas 78645Dear Dr. Lord:On behalf of the City Council of the City of San Angelo, I whole-heartedly endorse ourapplication for Lone Star Legacy Park designation for our Civic League Park. Civic LeaguePark meets the intent established in the program to be designated as a Legacy Park.Civic League Park has been a public park since December 1903. It is located near the center ofthe City along the beautiful North Concho River. It is home to Native American archaeologicalfinds dating back almost 8,000 years, beautiful and natural landscapes, Great Depression-eraWPA constructed stone walls and reflection pond, the thriving International Waterlily Collectionand the annual Lily Fest celebration.It is a place where roughly 40,000 visitors annually enjoy the park and gardens and it is a placewhere several community groups such as the San Angelo Council of Garden Clubs, InternationalWater Gardening Society, Master Gardeners and the San Angelo Independent School Districtcome together to learn and educate the public in gardening and water gardening.It is a frequently used place for weddings, wedding receptions and other private events since it isone of the most serene public spaces in San Angelo.We thank the Texas Recreation and Park Society for creating the Lone Star Legacy Parkdesignation so that Civic League Park, as well as other parks in Texas, can be recognized.Respectfully,Alvin NewMayorCity of San Angelo, Texas
  36. 36. City of San AngeloMemo Date: December 28, 2011 To: Mayor and Councilmembers From: Shawn Lewis, Director of Community & Economic Development Subject: Agenda Item for January 3, 2012 Council Meeting Contact: Shawn Lewis 657-4210 or Donna Osborne 657-9214 Caption: Consent Item Consideration of approving a recommendation by COSADC on matters relating to the following City of San Angelo Development Corporation contracts: a. Approval of a contract by and between the City of San Angelo Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector primary job growth and investment fostering economic development, and authorizing execution thereof b. Authorization for City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of Neighborhood and Family Services Department administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof c. Authorization for City Manager to execute a contract with the City of San Angelo Development Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and authorizing execution thereof Summary: On September 14, 2011, the City of San Angelo Development Corporation (COSADC) approved the above cited contracts for renewal for fiscal year 2012. The only changes from the 2011 contracts were the addition of specific performance measures to be outlined in the contracts. These have been reviewed and approved by all contracting parties. The Chamber of Commerce and Neighborhood and Family Services contract amounts will remain at 2011 levels. The Staff Service contract amount has been adjusted to reflect Council-approved pay raises and a reduction in services to be provided by the City Clerk. History: These contracts for 2011 were approved by the COSADC Board on December 15, 2010. The Staff Services contract was later amended at the request of the COSADC Board to reflect an increase in time spent on COSADC projects. The 2012 Staff Services contract amount has been adjusted as described above. The other two contracts for 2012 are to remain at approved 2011 amounts, pending consideration and/or implementation of recommendations from the Strategic Plan consultant. The Board reviewed the partner contracts extensively during the 2010 and 2011 fiscal years. As a result, the contracts were adjusted to include more specific requirements relating to procedures, expenditure of funds, services to be provided, and reporting requirements. The COSADC Board requested that specific performance measures be added to the 2012 contracts, and these have been reviewed and approved by the contracting parties. All parties acknowledge and understand that any new initiatives undertaken must be presented to and approved by the COSADC Board and City
  37. 37. Council prior making expenditures for new initiatives.Financial Impact: a. Chamber of Commerce - $225,000 b. Neighborhood & Family Services Administration - $10,000 c. Staff Services Contract - $325,601Related Vision Item(if applicable):Other Information/ Staff recommends approval of the above contracts in the stated amounts andRecommendation: authorization for COSADC Board President or his designee to negotiate and execute a final contract on behalf of the COSADC, and authorizing the City Manager to negotiate and execute a final contract for the Staff Services and NFS contracts on behalf of the City of San Angelo, with all other terms and conditions matching the 2011 contract and amendments.Attachments: Draft contracts as approved by contracting parties and Legal Department a. Chamber of Commerce b. Neighborhood & Family Services Administration c. Staff Services ContractPresentation: Shawn LewisPublication:Reviewed by Shawn LewisDirector:Approved by Legal:
  38. 38. ECONOMIC DEVELOPMENT MARKETING SERVICES CONTRACTTHE STATE OF TEXAS § §COUNTY OF TOM GREEN § This Contract is between the City of San Angelo Development Corporation, a Texas nonprofiteconomic development corporation (COSADC) acting herein by and through its duly authorizedPresident, and the San Angelo Chamber of Commerce, Inc. a non-profit corporation (Chamber) actingherein by and through its duly authorized President, witnesseth: WHEREAS, COSADC recognizes the value of an economic development marketing programdesigned to attract new businesses and aid existing businesses in the City of San Angelo and Tom GreenCounty; and WHEREAS, Chamber, through its Economic Development Department has operated such aprogram on a full time basis since 1991; and WHEREAS, COSADC desires to support an economic development promotion program tosupport its own efforts to fund economic development projects; and WHEREAS, COSADC has identified specific goals and action items designed to strengthen andexpand the business climate and economic viability of San Angelo; and WHEREAS, COSADC has determined that a contract between COSADC and Chamber willallow COSADC to effectively and efficiently meet its objectives of providing incentives and assistance tonew and expanding companies,NOW THEREFORE, pursuant to those objectives COSADC and Chamber have entered into thisContract. COSADC and Chamber, in consideration of the mutual covenants and agreements hereincontained do agree as follows:
  39. 39. Article 1. TermThis Agreement shall begin October 1, 2011, and terminate September 30, 2012, unless either Partyterminates this Contract in Accordance with Article 6 herein.Article 2. Scope of ServicesChamber will provide required services necessary to conduct marketing and recruitment efforts allowedunder the Development Corporation Act of 1979 as amended (Texas Revised Civil Statutes Article5190.6). The Scope of Services are outlined in Exhibit A (Scope of Services) of this Agreement attachedand incorporated as if fully set forth herein. Specific Required Services and Performance Measuresrelating to performance of this contract are outlined in Exhibit C of this Agreement attached andincorporated as if full set forth herein.Article 3. CompensationCOSADC does hereby agree to compensate Chamber up to Two Hundred Twenty-Five Thousand andNo/100 Dollars ($225,000.00) for the purpose of promoting economic development through Chamber tosupport its own efforts and for all services provided under Exhibit A. Chamber agrees to use the moneyand to discharge its duties in accordance with the terms and conditions herein set forth.Payments to Chamber shall be made in the amount of Eighteen Thousand Seven Hundred Fifty andno/100 Dollars ($18,750.00) each month. Failure of the Chamber to expend COSADC funds inaccordance with the approved budget shall result in termination of this Contract. Additionally, invoicesincurred and/or approved by COSADC related to the budget categories “Media Advertising” and “SpecialProjects” shall be submitted to the Chamber for payment. Such payments shall be paid within 30 days ofreceipt of invoices.Chamber shall maintain complete and accurate financial records of all expenditures of the moneyallocated to Chamber by COSADC and on request of COSADC or the City Manager, shall make therecords available for inspection and review to COSADC, City Manager, or his designee. COSADC may,upon reasonable notice, audit all books and records of Chamber. -2-
  40. 40. Article 4. Use of FundsIt is expressly understood and agreed by COSADC and Chamber that all funds received from COSADCby Chamber shall be used solely for the purposes of encouraging, promoting and soliciting economicdevelopment in accordance with Article 2 above, Exhibit A of this Contract, and as detailed in thespecific line item budget described in Exhibit B.Article 5. EmployeesAll persons referenced herein to furnish services hereunder are employees of Chamber. In performing itsduties and responsibilities hereunder, the parties acknowledge and agree that Chamber is and shall be anindependent contractor and not an officer, agent or employee of COSADC. This Contract is not intendedto create a joint enterprise. There is no direct pecuniary purpose or profit motive, but rather the purposeof this Contract is to further the public good. Additionally, Chamber has the sole right to control andmanage its operations.Article 6. TerminationIt is understood and agreed that either party may terminate this Contract by giving the other party noticein writing of said termination 30 days prior to termination. No funds will be advanced to Chamber afternotice of termination is given. If said Contract should be terminated by either party pursuant to the termsof this Contract, the consideration paid by COSADC shall be prorated and returned to COSADC alongwith all removable personal property which may have been purchased with funds allocated by COSADC.Article 7. AssignmentThis Contract is not subject to assignment without prior written consent of the other party.Article 8. ReportingChamber shall report to COSADC on its activities in relation to this Contract no less than quarterly duringthe term of this Contract as described in Exhibit C, or when otherwise requested by COSADC.Article 9. Hold Harmless -3-

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