City Council June 7, 2011 Agenda Packet

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City Council June 7, 2011 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, June 7, 2011 McNease Convention Center, South Meeting Room 500 Rio Concho DriveTHE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTHMAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCEIS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. everyday for two weeks beginning on the Thursday after each meeting. As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.II. CONSENT AGENDA 1. Consideration of approving the City Council May 12, 2011 Special and May 17, 2011 Regular meeting minutes 2. Consideration of awarding bid WU-05-11 for Power Distribution Equipment to Cain Electrical Supply (San Angelo, TX) in the amount of $270,013.00 and authorizing the City Manager or his designee to execute any necessary related documents 3. Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for the City Hall Complex from TCPN (The Cooperative Purchasing Network) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents 4. Consideration of authorizing Amendment #3 to the Killis Almond Architects Professional Services Contract Scope of Work in the amount of $334,500.00 for the design of the Auditorium expansion & rehabilitation and authorizing the City Manager or his designee to negotiate a contract and execute said contract and any related documents 5. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services, based on the recommendation of the Upper Colorado River Authority, the City’s contracted project oversight agent of the project, in the amount of $57,700 for the North Concho River Project and authorizing the City Manager to execute said agreementCity Council Agenda Page 1 of 6 June 7, 2011
  2. 2. 6. Consideration of approving a residential lease renewal for property located on Lot 4, Group 2, 1814 Cove Road (Williams) and authorizing the Mayor, City Manager, or Water Utilities Director to execute said lease renewal 7. Consideration of Tax Increment Reinvestment Zone Board’s recommendation to increase the required funding match for the New Freedom Grant in the downtown area by $24,676 due to the ineligibility of Transportation Development Credits (TDCs) originally proposed to be used as credits against this project 8. Consideration of Tax Increment Reinvestment Zone (TIRZ) Board’s recommendation to revise the downtown portion of the TIRZ incentive policy as follows: limit asbestos abatement incentive to 50% of total cost of abatement the TIRZ contribution not to exceed $15,000 per project; provide for a case by case consideration by the Board of larger projects; and delete all references to per square foot and / or per linear foot incentives; add a new incentive for fire sprinkler and monitored smoke alarm systems, the total incentive to be 50% of the cost of the system, the TIRZ contribution not to exceed $5,000 per project 9. Consideration of approving variances to the City Code for the Drag Boat Races which will be held on June 24 through June 26, 2010 at Lake Nasworthy 10. Consideration of accepting a 5.501 acre tract from AEP Texas North Company and authorizing the City Manager to negotiate and execute all documents associated with the property transfer Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate andAddendum execute an agreement establishing the terms and conditions for the City’s acceptance of the donation of 5.501 acres of real property located adjacent to the municipal Water Treatment Plant by special Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, from AEP Texas North Company as grantor, and related documents 11. Second Hearing and consideration of adoption of an Ordinance amending Article 5.902 of the City of San Angelo Code of Ordinances related to the maximum number of garage sales held by an owner of property AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 12. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for grants, capital projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS III. REGULAR AGENDA: D. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo E. PUBLIC HEARING AND COMMENT 13. Consideration of adopting an Ordinance authorizing the issuance and sale of City of San Angelo, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2011A, for capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design City Council Agenda Page 2 of 6 June 7, 2011
  3. 3. of the Visitors Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; levying an annual ad valorem tax and providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject (Presentation by Finance Director Michael Dane) 14. Consideration of adopting an Resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation for water system projects including groundwater production facilities and collection, treatment, storage and transmission facilities (Presentation by Finance Director Michael Dane) 15. Consider adoption of a Resolution expressing official intent to reimburse costs of water system improvement projects including groundwater production facilities and collection, treatment, storage and transmission facilities (Presentation by Finance Director Michael Dane) 16. Consideration of adopting a Resolution expressing official intent to reimburse costs of municipal capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport (Presentation by Finance Director Michael Dane) 17. Consider adoption of a Resolution approving and authorizing the execution and delivery of a service contract with the City of San Angelo Development Corporation relating to the City issuing certificates of obligation to provide funds for public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; approving the expenditure of funds by the Corporation to pay costs related to such projects, including debt service on the certificates of obligation; and containing other provisions related thereto (Presentation by Finance Director Michael Dane) 18. First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for programs, capital projects and incomplete projects AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS (Presentation by Finance Director Michael Dane) 19. Discussion of 2011-2016 Capital Improvement Plan (Presentation by Finance Director Michael Dane) 20. Consideration of adopting a Resolution by the San Angelo City Council accepting funds from the Texas Department of Transportation (TxDOT), Transportation Enhancement Program; authorizing the City Manager or his designee to execute an Advance Funding Agreement with TxDOT for a Transportation Enhancement (TE) Project described as Red Arroyo Shared-Use Pathway that providesCity Council Agenda Page 3 of 6 June 7, 2011
  4. 4. for the division of costs and responsibilities associated with the design and construction of the project; and, authorizing City to provide local matching funds (Presentation by Transportation Planner Doray Hill, Jr.) 21. First Public Hearing and consideration of introduction of an Ordinance annexing approximately 200 acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and an approximately 0.34-mile segment of right-of-way for Red Bluff Road AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver) 22. First Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2011 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds (Presentation by Neighborhood and Family Services Director Bob Salas) 23. 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 11-05: Sandra and George Rodriguez 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: three vacant lots facing south side of 2800 block of Houston Street and situated 100-250 feet west from North Garfield Street in west central San Angelo, changing the zoning classification from Single-Family Residence (RS-1) to an Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 24. 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 11-06: San Angelo Planning Commission 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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classificationCity Council Agenda Page 4 of 6 June 7, 2011
  5. 5. from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 25. 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 11-07: San Angelo Planning Commission 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: area bounded generally by the North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver) 26. First public hearing and consideration of introduction of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Parks and Recreation Director Carl White) 27. First public hearing and introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Articles 9.100 and 6.300 of the City of San Angelo Code of Ordinances related to rules and regulations governing the use of the waters of and of City-owned and -managed property adjacent to Lake Nasworthy and Twin Buttes Reservoir AN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE 9.100, OF THE SAN ANGELO CODE OF ORDINANCES, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; ADOPTING A RESTATED ARTICLE 9.100 ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; PROVIDING FOR RULES AND REGULATIONS FOR THE GOVERNANCE OF THE WATERS OF LAKE NASWORTHY AND THE USE OF THE SHORE LINES THEREOF AND OF CITY OWNED PROPERTY ADJACENT THERETO, AND THE USE OF THE WATERS AND LAND OF TWIN BUTTES RESERVOIR OWNED OR CONTROLLED BY THE CITY, AND OTHER LAND OR WATERS OWNED OR CONTROLLED BY THE CITY, WHETHER WITHIN OR OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO; REPEALING AND REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING A RESTATED ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDING FOR A PENALTY FOR VIOLATION OF ANY PROVISION OF ARTICLE 9.100, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, ORCity Council Agenda Page 5 of 6 June 7, 2011
  6. 6. 9.200, ENTITLED “PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING ARTICLE 6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED ARTICLE 6.000 ENTITLED “PARK USER FEES” PROVIDING FOR FEES PAID FOR LOT LEASES, ANNUAL RENT TRANSFER FEES, GRANTING FEES, ANNUAL RENT, RENT ESCALATION, LATE FEES, CAMPSITE FEES, AND ENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Parks and Recreation Director Carl White) 28. First Public Hearing and consideration of introduction of an Ordinance amending the Animal Services Advisory Committee residency requirement AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Health Services Manager Sandra Villarreal) 29. Consideration of a request for support for the Keep San Angelo Beautiful 2011 Great American Cleanup, including, but not limited to, waiving landfill fees (Presentation by Code Compliance Manager James Flores) 30. Consideration of establishing a gas recycling program at the City landfill and any action in connection thereto (Presentation by Assistant City Manager Elizabeth Grindstaff) F. FOLLOW UP AND ADMINISTRATIVE ISSUES 31. Consideration of matters discussed in Executive/Session, if needed 32. Consideration of various Board nominations by Council and designated Councilmembers: a. Public Art Commission: John Mattson (SMD4) to a 1st full term April 2013 33. Consideration of Future Agenda Items 34. Adjournment Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, June 1, 2011, at 5:30 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 6 of 6 June 7, 2011
  7. 7. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 671Tuesday, May 12, 2011 Vol. 102OPEN SESSIONBE IT REMEMBERED City Council convened in a special meeting at 1:06 P.M., Tuesday, May 12, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, with the exception of Councilmember Silvas, thus constituting a quorum. Whereupon,the following business was transacted:An invocation was given by Councilmember Morrison and pledge was led by Jonathan Sharp, grandson ofCouncilmember Farmer.SPECIAL AGENDA: PUBLIC HEARING AND COMMENTADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANDEXECUTE A FINANCING AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD(TWDB) FOR A $120,000,000 LOAN FOR THE HICKORY WATER SUPPLY PROJECT (ANNEX A,PAGE 673, ORDINANCE #2011-05-051R)City Manager Harold Dominguez, Finance Director Michael Dane, and Specialized Public Financing Presidentand Financial Advisor Vince Vialle presented background information.General discussion was held on the political and regional aspect of developing a regional water supply, watercapacity forecast, utilization of the Hickory Aquifer, pumping capacity, users of the aquifer, permitted waterallocation, concerns of using ground versus surface water, available water supply, and safeguards in place toprotect local and regional users of the water sources.Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded byCouncilmember Hirschfeld.Public comments were made by citizens Robert Baker and Rich DeRobles.A vote was taken on the motion on the floor. Motion carried unanimously.ADJOURNMENTMotion, to adjourn, was made by Councilmember Adams and seconded by Councilmember Farmer. Motioncarried unanimously.
  8. 8. Page 672 MinutesVol. 102 May 12, 2011The meeting adjourned at 2:04 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnex AIn 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.)
  9. 9. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1Tuesday, May 17, 2011 Vol. 102 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 17, 2011, inthe San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorizedmembers of the Council, to-wit: Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmerwere present and acting, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Karen McGinnis of Unitarian Universalist and pledge was led by Aidan Kendrick,2nd Grader at TLC Academy and son of Bryan Kendrick, Budget Analyst in the Finance Department.PROCLAMATION AND RECOGNITIONS“Building Safety Month, May 2011,” was accepted by Al Torres, Building Official for the City of San Angeloand Dan Vardeman, Fire MarshalRio Vista Neighborhood Blitz Partners: Habitat for Humanity, West Texas Organizing Strategy, Angelo StateUniversity, St Mary’s Catholic Church, and Segundo Iglesia Bautista; and Team LeadersEmployees providing assistance on the Wildcat Fire: Operations Administration: Ricky Dickson and ShaneKelton; Lake Operations: James Alley, Jason Franco, Patrick Lawhon; Parks Department: Dennis Arhelger,Jason Campbell, Stephen Conley, John Francis, Rodney Halfmann, Roger Havlak, Sean McCallum, and GilbertPedroza; Street & Bridge: Gary Ayers, Edward Bara, Ismael Flores, Narciso Garcia, Alfredo Garivay, JoeGomez, Antonio Gonzales, Roberto Heredia, Jesus Hernandez, David Jones, Bobby Keesee, Manuel Martinez,Antonio Mendoza, Manuel Pineda, Raul Rojas; Storm Water Department: Jake Alberts, Cody Blaylock, ArthurGonzales, Jason (Kelly) Haines, Fidel Hernandez, Douglas Kirkham, and Abel Villarreal; Lorenzo Rubio, andJoe Lee Ynojosa; Traffic Department: Mark Clifton, Ike Eisenbach, Roy Torres; Vehicle Maintenance: KevinBuck, Adam Cervantes, Gabriel Esquivel, Patrick Frerich, William Hamilton, Reynald Manuel, FreddyMarcilliotte, Chris Pippin, and John TuceiPUBLIC COMMENTCouncilmember Silvas commented on partnering with TxDOT on painting bridges. He also encouraged furthermarketing and recruiting of events held at the Bill Aylor Riverstage.Councilmember Alexander commented on the various complaints she received regarding the Texas Departmentof Transportation Loop 306 road resurfacing project, signage, and blocked ramps.CONSENT AGENDAAPPROVAL OF THE MAY 3, 2011 CITY COUNCIL REGULAR MEETING MINUTES
  10. 10. Page 2 MinutesVol. 102 May 17, 2011ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEEDAUTHORIZING THE SALE OF A TAX LOT NEXT TO 3502 CLARK DRIVE, (MORALES), LOT 15,BLOCK 2, CLAR-MOR HEIGHTS ADDITION, IN THE AMOUNT OF $2,600, SUIT NO. B-007-0210-T(ANNEX A, PAGE , ORDINANCE #2011-05-0??)AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO.1 TO TASK ORDER NO. 12, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SANANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THEAMOUNT OF $55,833.00 AT SAN ANGELO REGIONAL AIRPORTAUTHORIZATION FOR THE CITY OF SAN ANGELO TO APPLY FOR THE U.S. DEPARTMENT OFJUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT IN THEAMOUNT OF $1,250,639.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANYRELATED GRANT DOCUMENTSAPPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) AUTHORIZING THE CITY MANAGER TO NEGOTIATE TERMS OF APROFESSIONAL SERVICES AGREEMENT WITH CASABELLA ARCHITECTS FOR DESIGN ANDCONSTRUCTION OVERSIGHT OF THE BUSINESS RESOURCE CENTER, AND AUTHORIZATIONFOR THE PRESIDENT OF COSADC TO SIGN THE AGREEMENT ON BEHALF OF THECORPORATIONAPPROVAL OF A PROPOSED UTILITY EASEMENT BY AEP TEXAS NORTH COMPANY FORUNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT NEW FIRE STATION #5ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $222,000.00 FOR DEVELOPMENTENHANCEMENTS FOR PRODUCERS PARK AND AUTHORIZING THE CITY MANAGER TOAPPROVE A CHANGE ORDER FOR THE PROJECT UP TO $222,000.00Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and secondedby Councilmember Farmer. Motion carried unanimously.REGULAR AGENDA: PUBLIC HEARING AND COMMENTSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2,ADMINISTRATION, ARTICLE 2.2000 OF THE CITY OF SAN ANGELO CODE OF ORDINANCESRELATED TO ACCEPTING CREDIT CARD PAYMENTS AND PROVIDING FOR A PROCESSING FEE(ANNEX B, PAGE , ORDINANCE #2011-05-0??)AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 2.2000, MUNICIPALCOURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDSAS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY,PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR ANEFFECTIVE DATEJudge Gilbert presented background information and explained the credit card processing fee and associatedcosts.Motion, to adopt Ordinance, was made by Councilmember Morrison and seconded by CouncilmemberHirschfeld. Motion carried unanimously.SPECIAL AGENDAADMINISTRATION OF OATHS OF OFFICE FOR MAYOR, SINGLE MEMBER DISTRICTREPRESENTATIVES 2, 4, AND 6, AND PRESENTATION OF CERTIFICATES OF ELECTION
  11. 11. Minutes Page 3Date, 2011 Vol. 102City Clerk Alicia Ramirez administered the Oath of Office and Mayor New presented the Certificates ofElection.APPOINTMENT OF MAYOR PRO-TEMPORE FOR THE 2011-12 CITY COUNCILMotion, to appoint Councilmember Farmer as Mayor Pro-Tempore, was made by Councilmember Alexanderand seconded by Mayor New. Motion carried unanimously.PRESENTATION OF THE 1ST QUARTER 2011 REPORT BY DOWNTOWN SAN ANGELO, INC.DSA President Brenda Gunter presented background information. A copy of the presentation is part of thePermanent Supplemental Record.General discussion was held on the negative impacts of the illegal trash dumping, discarded cigarette butts, andadditional trash receptacles required within the downtown area.Mayor New requested the group provide an update on the economic impact for the downtown area before andafter the adoption of the smoking ban.RECESSAt 10:08 A.M., Mayor New called a recess.RECONVENEAt 10:23 A.M., Council reconvened, and the following business was transacted:SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12,EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO(ANNEX C, PAGE , ORDINANCE #2011-05-0??)Z 11-04: Sherri and John Jones, Jr.AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITYOF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONINGREGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH ACOMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THEFOLLOWING PROPERTY, TO WIT: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff andKnickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One,changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District;PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYPlanning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Public comment was made by Citizen Minnie Holman.Discussion was held on the installation of a traffic signal and the study required warranting such an installation.Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Alexander. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison andFarmer. Motion carried 5-2.TIE VOTE ON THE APPEAL FROM PLANNING COMMISSION’S DECISION ON APRIL 18, 2011 TODENY REQUESTED VARIANCE FROM RESTRICTIONS ON WHERE OFF-SITE SIGNS (A.K.A.BILLBOARDS) ARE ALLOWED IN CG AND CG/CH ZONING DISTRICTS, TO PERMIT A SINGLESUCH SIGN AT 1003-1011 CADDO STREET (EASTBOUND FRONTAGE ROAD FOR HOUSTONHARTE EXPRESSWAY) AT ITS INTERSECTION WITH NORTH PARK STREET, SPECIFICALLY ONLOTS 1 THRU 3 IN BLOCK 57 OF ANGELO HEIGHTS ADDITION TO SAN ANGELO
  12. 12. Page 4 MinutesVol. 102 May 17, 2011Planning Manager AJ Fawver presented background information. A copy of the presentation is part of thePermanent Supplemental Record.Motion, to reverse the Planning Commission’s previous action to deny the variance, as presented, was made byCouncilmember Morrison and seconded by Councilmember Alexander.Councilmember Silvas recused himself from the vote.Councilmember Adams commented on the safety risk issues related to drivers.Public comments were made by Proponent Dan O’Bryan and property owner Andrew Way.A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Farmer NAY: New, Adams,and Hirschfeld. Motion tied.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.902OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO THE MAXIMUM NUMBEROF GARAGE SALES HELD BY AN OWNER OF PROPERTYAN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SANANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS,SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OFGARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDINGFOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATEThe item was requested by Councilmember Morrison.Discussion was held on adding the word “reporting” to the annual limit number of garage sales and the possibleconcerns which could be raised by adding such wording.Motion, to introduce the Ordinance changing the allowable annual number of garage sales from 2 to 4 per yearper resident, was made by Councilmember Morrison and seconded by Councilmember Silvas.Public comments were made by Citizens Jim Turner and John Bariou.A vote was taken on the motion on the floor. AYE: Morrison and Silvas. NAY: New, Alexander, Adams,Hirschfeld, and Farmer. Motion failed 2-5.Motion, to set the annual number limit to three (3), was made by Councilmember Adams and seconded byCouncilmember Silvas. AYE: Morrison, Silvas, Adams, and Hirschfeld. NAY: New, Alexander and Farmer.Motion carried 4-3.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE TO REPEAL ARTICLE 1.1000,SECTION 1.1002 RELATED TO RECONSIDERATION OF AN ORDINANCE BY CITY COUNCILAN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.1000 ENTITLED“ORDINANCES”, BY REPEALING SECTION 1.1002 ENTITLED “RECONSIDERATION”; PROVIDINGFOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATEThe item was requested by Councilmember Morrison.Public comment was made by Citizen Jim Turner.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams, Hirschfeld, and Farmer.Motion failed 3-4.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE ANIMALSERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENTAN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ANIMAL SHELTER ADVISORYCOMMITTEE”, ARTICLE 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF
  13. 13. Minutes Page 5Date, 2011 Vol. 102THE CITY OF SAN ANGELO, TEXAS TO REQUIRE THAT ALL VOTING ANIMAL SHELTERADVISORY COMMITTEE MEMBERS BE CITY RESIDENTS, TO WIT: BY DELETING THE PORTIONOF THE SENTENCE IN 2.3803(1)(D) THAT READS “WHO ARE RESIDENTS OF THE CITY OF SANANGELO”; AND ADDING A PORTION OF A SENTENCE THAT READS “AND WHO ARE RESIDENTSOF THE CITY OF SAN ANGELO” TO THE FIRST PARAGRAPH TO FOLLOW THE WORDS “SEVEN(7) OF WHOM SHALL BE VOTING MEMBERS”; PROVIDING FOR SEVERABILITY; AND,PROVIDING FOR AN EFFECTIVE DATEHealth Services Manager Sandra Villarreal presented background information.Councilmember Alexander suggested other animal service professions should also be included from outside thecity limits.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer NAY: Alexander.Motion carried 6-1.RECESSAt 12:05 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:31 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 discuss the purchase, sale, exchange,lease, or value of real propertyExecutive 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 beOpen, Section 551.087 to discuss an offer of financial or other incentive to a company or companies withwhom the City of San Angelo is conducting economic development negotiations and which the City of SanAngelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At1:30 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 1:30 P.M., Mayor New called a recess.RECONVENEAt 1:44 P.M., Council reconvened, and the following business was transacted:DIRECTION TO STAFF TO AMEND THE SET-BACK REQUIREMENTS CURRENTLY REQUIREDUNDER ARTICLE 3.800 REQUIREMENTS GOVERNING HOOFED ANIMALS (A) IT SHALL BEUNLAWFUL FOR ANY PERSON TO KEEP COWS, HORSES, GOATS OR OTHER HOOFED ANIMALSIN A PEN OR ENCLOSURE, OR TO KEEP OR PARK A TRAILER OR VEHICLE WHICH CONTAINSSUCH ANIMALS., WITHIN ONE HUNDRED FEED (100’) OF ANY RESIDENCE, BUSINESS, ORINSTITUTION OTHER THAN THE RESIDENCE, BUSINESS, OR INSTITUTION OF THE OWNERS OFSUCH ANIMALSThe item was requested by Councilmember Morrison. Health Services Manager Sandra Villarreal presentedbackground information.
  14. 14. Page 6 MinutesVol. 102 May 17, 2011Motion, to grant the variance to Mr. Overstreet from this ordinance, was made by and seconded by . Motioncarried unanimously. Motion failed due to lack of a vote.Public comment was made by Animal Service Control Officer Valentino Cabello.General discussion was held on the set back requirements, providing a grandfather clause for extenuatingcircumstances to those residing in the area prior to the new development, and complaints received by localresidents and the public.In conclusion, Council directed staff to move forward with the Ordinance amendment regarding a grandfatherclause providing for exceptions to those residents already in the area prior to the new development, specificallythe 30 day requirement to relocate their animals and other possible restrictions resulting from the newdesignation.Public comment was made by Citizen Jim Turner.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011BUDGET FOR GRANTS AND INCOMPLETE PROJECTS WHICH NECESSITATE BUDGETAMENDMENTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITALPROJECTS AND INCOMPLETE PROJECTSFinance Director Michael Dane presented background information. He noted three of the five proposedamendments will be postponed to a future meeting. Items to be considered at this hearing included CongregateMeals Program and Producers Park Improvements.Motion, to introduce Ordinance, as presented, was made by Councilmember Adams and seconded byCouncilmember Farmer. Motion carried unanimously.DISCUSSION AND UPDATE ON THE MASTER DEVELOPER COMMITTEEAssistant City Manager Elizabeth Grindstaff presented background information. She announced the firstmeeting is scheduled for Friday, May 20, 2011.SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OFAPPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITYLIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKERROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OFLAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND ANAPPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROADPlanning Manager AJ Fawver presented background information.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.DENIAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF CLAIMWITH SKYLINE AVIATION, INC.The item was requested by Councilmember Morrison.Comments were made by Palm Beach attorney Kern Lewis of Foremen, Lewis & Hutchison.
  15. 15. Minutes Page 7Date, 2011 Vol. 102Discussion was held on the termination of the lease and issues related to the settlement suit between Skyline andthe City of San Angelo.Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas.Public comment was made by Ranger Aviation owner John David Fields.Councilmember Silvas left the meeting at 3:27 and returned 3:36 p.m.RECESSAt 3:54 P.M., Mayor New called a recess.RECONVENEAt 4:04 P.M., Council reconvened, and the following business was transacted:CONTINUATION OF THE RESOLUTION RELATED TO SKYLINE AVIATION, INC.A vote was taken on the motion on the floor. AYE: New, Morrison, and Silvas. NAY: Alexander, Adams,Hirschfeld, and Farmer. Motion failed 3-4.NO CONSIDERATION OF ADOPTION A RESOLUTION AUTHORIZING THE CITY MANAGER ORHIS DESIGNEE TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATEDDOCUMENTS WITH PALM BEACH JET GROUP, INC. FOR PROPERTY LOCATED AT THE SANANGELO REGIONAL AIRPORTNo consideration or action necessary due to City Council’s denial of Skyline Aviation, Inc. lease terminationagreement.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed June 7, 2011, 2011 Agenda and solicited Councilcomments and suggestions.Councilmember Alexander requested updates on the Foster Road speed limit findings and sign ordinancerevisions.ADJOURNMENTMotion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 4:31 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-C
  16. 16. Page 8 MinutesVol. 102 May 17, 2011In 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.)
  17. 17. City of San AngeloMemo Date: May 12, 2011 To: Mayor and Councilmembers From: Tom Kerr, Assistant Director of Water Utilities Subject: Consent Agenda Item for June 7, 2011 Council Meeting Contact: Tom Kerr, Assistant Director of Water Utilities, 657-4209 Caption: Water Utilities Bid, RFB “WU-05-11”, Power Distribution Equipment Summary: Bids have been received from three suppliers for the purchase of power distribution equipment at the Water Treatment Plant. Bids were received from Border States Electric, Cain Electrical Supply and Graybar. The low bid was submitted by Cain Electrical Supply. History: This equipment is replacing electrical distribution equipment at the plant dating back to the 1960’s. This equipment is designed to centralize the distribution of power in the plant in conjunction with the incorporation of an emergency power backup system as required by the Texas Commission on Environmental Quality. Financial Impact: Budgeted within the Capital Improvements Program of the Water Fund. Total bid is $270,013.00. Related Vision Item (if applicable): N/A Other Information/Recommendation: It is recommended the bid from Cain Electrical Supply of San Angelo be accepted. Attachments: Bid Tab. Presentation: None. Publication: None. Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director, May 12, 2011.
  18. 18. City of San AngeloMemo Date: June 2, 2011 To: Mayor and Council members From: David Knapp, Construction Manager Subject: Agenda Item for June 7, 2011 Council Meeting Contact: David Knapp, Construction Manager, 657-4279 Caption: Consent Agenda Item Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for the City Hall Complex from TCPN (The Cooperative Purchasing Network) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents. Summary: In an effort to expedite this portion of the project and save the City money for equipment and mark up from the contractor, we are exploring direct purchase of the equipment to be installed by the general contractor. The Cooperative Purchasing Network (TCPN) is a national network for city & county governments to buy materials, supplies & equipment for the best possible prices in the marketplace. History: The Central Plant has always been a separate project from the City Hall Project, Auditorium project and the Water Billing project as it will provide service to all the buildings in the City Hall Plaza area. It is intended to be a proportionally shared expense by all the users, involving multiple funding sources accordingly. The timing of the work requires it to be installed in conjunction with the City Hall / Old Library project and will be fully operational for the Auditorium and Water Billing projects. The General Contractor for City Hall will be issued a Change Order to complete the installation of the equipment. The equipment will be housed in the basement of the Auditorium annex expansion which the cost will also be distributed accordingly for all the users. This work will strengthen the “Downtown Vision” as established by the City Council Financial Impact: The TCPN price for the equipment as quoted is $499,217.00. This will be funded by the City Hall Project, Auditorium Project and the future Water Billing Project Other Information/ Staff Recommends the purchase of the mechanical equipment for the City Hall Recommendation: Plaza central plant through the TCPN. Attachments: Proposal Presentation: None Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011
  19. 19. Trane A Division of American Standard Inc. ProposalPrepared For: Date: 5/27/2011City Of San AngeloTCPN Customer Number: TCPN Proposal Number:10590 02-10590-11-001Job Name: Engineer:San Angelo Theater Annex Jacob SublettDelivery Terms: Payment Terms:Freight Allowed and Prepaid - F.O.B. Jobsite Net 30 DaysTrane is pleased to provide the enclosed proposal for your review and approval.ChillersTag Data - Air-Cooled Helical Rotary Water Chillers (Qty: 2)Item Tag(s) Qty Description Model NumberA1 CH-1 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200A2 CH-2 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200Product Data - Air-Cooled Helical Rotary Water ChillersAll Units Air cooled Series R(TM) model RTAC 200 nominal tons 460v/60 hz/3 ph Startup allowance High efficiency configuration C/UL listing ASHRAE 90.1 all versions compliant ASME Standard 40-60F leaving, with evaporator heaters 2 pass arrangement, insulated Standard ambient temperature range Aluminum slit fins Low noise fans Wye-delta closed transition starter Single point power connection Non-fused disconnect switch(es) Remote leaving water temp setpoint Alarm relay Factory installed flow switch - for use when evap fluid type = water Refrigerant isolation valves Factory installed sound attenuator Elastomeric isolators (Fld) English Year 2-5 parts warranty whole unit 1st Year Labor Warranty Whole Unit 2nd thru 5th year Labor Warr Motor/Comp Only Architectural louvered panels Low Ambient Control to 0Total Net Price (Excluding Sales Tax) ......................................................$ 218,668.00
  20. 20. Trane A Division of American Standard Inc. ProposalBoilersItem Tag(s) Qty Description Model Number TCPN Product Code B#1, B#2 Lochinvar PBN - 2001Boilers (Lochinvar)Two (2) Lochinvar PBN-2001-M-9 Boilers to include standard operating and safety controls.Each boiler includes a circulating pump (BP#1 & BP#2) and low water cut-off. Factoryauthorized start-up is included.Total Net Price (Excluding Sales Tax) ..........................................................$ 90,500.00PumpsItem Tag(s) Qty Description Model Number TCPN Product Code CWP #1, Bell and Gosset 1510 Centrifugal CWP#2 HWP#1, Bell and Gosset 1510 Centrifugal HWP#2 Pumps & Hydronics (B&G)(2) CHWP-1,2, 50 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve.(2) HWP-1,2 1510 20 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve.(2) ET-1,2 Expansion tanks(2) AS-1,2 Air separatorsIncludes 1” spring Isolators to be mounted to pump base for each pumpTotal Net Price (Excluding Sales Tax) ...........................................................$ 84,500.00VFDTag Data - VFD (Qty: 4)Item Tag(s) Qty Description Model Number (2) 50 HP; (2) 4 Indoor vfds 20HPProduct Data – Pump VFDs(4) Indoor vfds with bypass and factory start=upTotal Net Price (Excluding Sales Tax) ...............................................…….......$ 24,500.00
  21. 21. Trane A Division of American Standard Inc. ProposalFCU/ Blower Coil UnitsTag Data - Fan Coil Air Conditioning Units (Qty: 1)Item Tag(s) Qty Description Model NumberC1 FCU# 1 1 Fan Coil Air Conditioners FCDB0303K**D0D10AF3M00-- (UniTrane) ( D1KKFG200020000CA000Product Data - Fan Coil Air Conditioning UnitsItem: C1 Qty: 1 Tag(s): FCU# 1 Fan Coil Horizontal cabinet Size 030 277v/60hz/1ph Bottom stamped louver return Front quad grille supply Color to be selected from Trane Standard Colors by the Architect Polymer Drain pan With disconnect switch Year 2-5 Parts Warranty Whole Unit 1st Year Labor Warranty 2-5th Year labor WarrantyTag Data - BCXC Blower Coil Air Handler (Qty: 2)Item Tag(s) Qty Description Model NumberB1 BC#1 1 BCXC Blower Coil Air Handler ( BCHC054D1**A2AF4G000000BC4J0000002N BCXC ) C0100B2 BC#2 1 BCXC Blower Coil Air Handler ( BCHC072D1**A2AM4F000000BC4FU2FQ202 BCXC ) NC0100Product Data - BCXC Blower Coil Air HandlerAll Units HORIZONTAL CONFIGURATION Horizontal Configuration 277/60/1 1 Horsepower Hinged access doors Year 2-5 parts warranty whole unit 1st year labor warranty whole unit 2nd-5th year labor warranty whole unitIncludes rubber grommet isolatorsTotal Net Price (Excluding Sales Tax) ...............................................…….......$ 9,962.00
  22. 22. Trane A Division of American Standard Inc. ProposalExhaust Fans/ LouversTag Data – Exhaust Fans (Qty: 2)Item Tag(s) Qty Description Model Number CF # 1; CF #2 2Product Data – Exhaust Fans – CF #1 / CF #2(2) Ceiling mount exhaust fans to include wall cap, damper and grille.Tag Data - Louvers (Qty: 2)Item Tag(s) Qty Description Model Number A, B 2 60x30Product Data – Louvers – Intake and Exhaust Louvers(2) 60x30 aluminum louvers.Total Net Price (Excluding Sales Tax) ...............................................…….......$ 2,650.00ControlsTracer Summit Automation System Provide Tracer ES server and software Provide Building Control Unit (BCU) BCU to control/monitor the following:  Control of (2) Trane Air Cooled Chillers with factory mounted DDC controllers  Control of (2) Chilled Water Pumps  Primary Chilled Water by-pass valve control  Monitoring of (2) Boilers  Control of (2) Heating Water Pumps  (2) Trane Blower Coil Units with factory mounted DDC controllers  Main chilled water and heating water flow All control wiring in conduit System Engineering CAD Control installation drawings System programming and checkout Programming and System Graphics Owner training 1st year warrantyTotal Net Price (Excluding Sales Tax) .........................................................$ 68,932.00
  23. 23. Trane A Division of American Standard Inc. ProposalJacob SublettWest Texas Sales Team Leader717 East 40th StreetLubbock, TX 79404 City Of San Angelo Representative Trane Representative By By Signature Signature Title Title Date DateAnticipation Discount Statement – Use if ApplicableTrane is pleased to offer you an opportunity to maximize the value of your purchase by offering yousavings with the Anticipation Discount Program (ADP). The following discount is available forpayment on (Sales Fills in if Applicable) for delivery on December 20, 2002:Total Net Savings (Excluding Sales Tax) $
  24. 24. City of San AngeloMemo Date: June 2, 2011 To: Mayor and Council Members From: David Knapp, Construction Manager Subject: Agenda Item for June 7, 2011 Council Meeting Contact: David Knapp, Construction Manager, 657-4279 Caption: Consent Agenda Item Consideration of authorizing Amendment #3 to the Killis Almond Architects Professional Services Contract Scope of Work in the amount of $334,500.00 for the design of the Auditorium expansion & rehabilitation and authorizing the City Manager or his designee to negotiate a contract and execute said contract and any related documents. Summary: The City is currently in contract with Killis Almond Architects for the Restoration & Rehabilitation of the City Hall and Old Library buildings. In the fall of 2010 the voters approved the Restoration & Renovation of the Auditorium using Half Cent Sales Tax Money. Due to the physical connection of the City Hall and the Auditorium and the shared systems within the buildings it is very important that all work is coordinated and directed by a single design professional and his consultants. With the Historic nature of the buildings along with the highly specialized knowledge of theater design and systems it is important to employ experts in the field. We have already been proactive in the planning and construction of the City Hall for the future work in the Auditorium. The timing of the project is also important so that we can minimize downtime and disruption for the auditorium and the rest of the Plaza area. This work needs to begin in order to maintain the schedule and reduce delays. History: Killis Almond Architects have been under contract with the City since 2008 for the Master Plan of the City Hall Plaza area. Four phases of work were outlined for the renovation of the City Hall, Old Library, and Water Utility Building and a new Parking Garage. This contract was then extended for the Architect to provide services for Phase I - Renovation of the City Hall and Old Library buildings and Phase II -Design of the mechanical central plant that will serve all the buildings at the City Hall Plaza Area. In addition to the Master-planned Phases, the Auditorium has always been considered as an important element to the City Hall Plaza area and its renovation & expansion is key to the success of the Master Plan. This work will strengthen the “Downtown Vision” as established by the City Council. Financial Impact: The Professional Services fee for the Auditorium is $334,500. Funding comes from Half Cent Sales Tax. $3,750,000 is available for the project Other Information/ Staff recommends the approval of extending the professional services contract Recommendation: with Killis Almond Architects for the Auditorium Expansion & Rehabilitation Project. Attachments: Budget
  25. 25. Presentation: NoneReviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011
  26. 26. City of San Angelo, Texas - Addition to Stage and Auditorium UpgradesFee Breakdown for Architectural, Rehabilitation and Engineering ServicesAuditorium and Stage Upgrade and Basement Addition 26-Apr-11Projected Construction Extension to City Hall Budget - $3.2 M Fast Track Construction Phase Design Construction Bid/Contract Consultant / Company Schematic TOTALS Development Documents AdminArchitectural/Rehab Fees on Auditorium Improvements $ 18,000.00 $ 35,000.00 $ 17,000.00 $ 70,000.00Architectural Annex Design through Schematic $ 40,000.00 $ 40,000.00Structural Fixed Fee for Annex Design to DD pricing & Basement $ 3,675.00 $ 6,125.00 $ 9,800.00 $ 4,900.00 $ 24,500.00MEP for Stage Annex if Completed - budgeted $52,000MEP Redesign of Central Plant in Basement & basement shell $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 50,000.00MEP For Auditorium including Alternate No.1 & Stage Sound/Lighting $ 20,000.00 $ 5,000.00 $ 15,000.00 $ 5,500.00 $ 45,500.00Civil and Site Planning $ -TOTALS $ 78,675.00 $ 44,125.00 $ 74,800.00 $ 32,400.00 $ 230,000.00Additional Services Design Construction Bid/Contract Basic Schematic Development Documents Admin TOTALSOmar Longoria - Acoustical Consultant $ 1,500.00 $ 2,500.00 $ 4,000.00APT Hank Lam Sound Consultant $ 3,900.00 $ 6,500.00 $ 10,400.00 $ 5,200.00 $ 26,000.00WJHW Theatre Consultants $ 5,700.00 $ 9,500.00 $ 15,200.00 $ 7,600.00 $ 38,000.00Reimbursable Expenses Allowance $ 2,000.00 $ 4,000.00 $ 6,000.00 $ 10,500.00 $ 22,500.00TOTALS AT COST TO FIRM $ 13,100.00 $ 22,500.00 $ 31,600.00 $ 23,300.00 $ 90,500.00Arch. Coordination On Additional Services $ 2,000.00 $ 3,000.00 $ 6,000.00 $ 3,000.00 $ 14,000.00Total Projected Fees to A/E Firms $ 93,775.00 $ 69,625.00 $ 112,400.00 $ 58,700.00 $ 334,500.00Killis Almond Architects, P.C.342 Wilkens Ave.San Antonio, Texas 78210Additional Services billed hourly at the following rates: Arch./Eng. - $160/hr Project Manager - $135/hr Support Staff - $95/hr Production/Clerical - $50/hr*CA Phase is assumed to be 6 months long. Hourly rates will be incurred after that date.Structural Includes a maximum of 6 site visits
  27. 27. City of San Angelo Parks & RecreationMemorandum Date: June 2, 2011 To: Mayor and Councilmembers From: Carl White, Parks and Recreation Director Subject: Agenda Item for June 7, 2011, Council Meeting Contact: Carl White, 657-4450 or 234-1724 Caption: Consent Agenda Item Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services, based on the recommendation of the Upper Colorado River Authority, the City’s contracted project oversight agent of the project, in the amount of $57,700 for the North Concho River Project and authorizing the City Manager to execute said agreement. Summary: Staff recommends authorization of negotiation of an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services in the amount of $57,000 for the North Concho River Project and authorization for the Mayor and/or City Manager to execute the agreement. The Upper Colorado River Authority (UCRA), acting as authorized agent for the oversight of the North Concho River Project received three quotes for the required services: SKG Engineering at $71,000, Dunaway Associates at $66,400 and Jacobs Engineering at $57,700. Based upon the bids, as well as our very positive experience with Jacobs Engineering during the dredging phase of the river project, City Staff and the UCRA recommend Jacobs Engineering. The North Concho River improvements include modifications to the effective FEMA floodplain which require a Conditional Letter of Map Revision to be prepared before construction and a Letter of Map Revision to be prepared after project completion. This scope of services proposes to prepare a Conditional Letter of Map Revision (CLOMR) using the existing hydraulic modeling provided for this reach of the North Concho River. Upon completion of the project a Letter of Map Revision (LOMR) will be prepared. History: · The City is in the process of negotiating a “guaranteed maximum price” with our contracted Construction Manager at Risk for the implementation of the overall river and trail improvement project. · Staff is in the final stages of completing all required engineering and securing all final approvals before implementation of the project. Financial The cost of these services would be $57,700 and would come out of the Impact: dedicated half-cent sales tax funding for the North Concho River Project.
  28. 28. Attachments: None.Presentation: None.Publication: None.Reviewed by: Rick Weise, Assistant City Manager, May 27, 2011
  29. 29. City of San AngeloMemo Date: May 16, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Consent Item for June 7, 2011 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Bette Williams at Lot 4, Group 2, 1814 Cove Road, and authorizing the Water Utilities Director to execute the same. Summary: The leaseholder’s current lease expires in 2016 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: 2003-2012 $455.00 2013-2016 $546.00 New lease fees: 2011-2012 $528.00 2013-2015 $546.00 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 (Bette Williams) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 16, 2011.
  30. 30. 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 Bette Williams whose address is1814 Cove Road, San Angelo, TX 76904 ("Lessee"). 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 4, Group 2, 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 as1814 Cove Road). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011and ending September 30, 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 October 1 during the term of this lease in accordance withthe following schedule: Dates Annual Rent For the Years 2011 Through 2012 $528 For the Years 2013 Through 2015 $546 For the Years 2016 Through 2050 Market Value *
  31. 31. * 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 oflaying said line or lines as established by and in accordance with city policies then inexistence.
  32. 32. 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 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 Citys wastewater
  33. 33. 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. 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, pumphouses, 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 will be grounds to terminate this lease or any extension thereof. RESERVATIONS AND EASEMENTS5.2 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, and
  34. 34. in 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 WATER7.2 Lessor in no way guarantees the accessibility of water to the leased premises northe level of water in Lake Nasworthy.
  35. 35. 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 hereinfor 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 of
  36. 36. the 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 theprior 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 the
  37. 37. County 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. OTHER REMEDIES
  38. 38. 13.4 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. VIOLATIONS OF LEASE

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