February 7, 2012 Agenda Packet

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February 7, 2012 Agenda Packet

  1. 1. NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, February 7, 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. Recognition City of San Angelo Recreation “Chargers” Team, 8 and under, Texas Amateur Athletic Federation (TAAF) State Flag Football 2011Champions” to be accepted by Anthony Chappa, Head Coach, Terrance Dunn, Assistant Coach, and Cody Elliott, Assistant Coach 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 January 17, 2012 City Council Regular meeting minutes 2. Consideration of rejecting formal bid VM-01-12 for a digger derrick 3. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed for the sale of a Tax Lot located at 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey Subdivision, $10,250, Suit No. B-09-0014-T 4. Consideration of approving a residential lease renewal Lot 57, Group Fishermans Road, 2690 Sleepy Hollow Road (Greenshaw), and authorizing the Water Utilities Director to execute the same 5. Consideration of approving Galilee Community Development Corporation request for recertification as a Community Development Housing Organization (CHDO) in accordance to HUD regulations at 24 CFR 92.2City Council Agenda Page 1 of 5 February 7, 2012
  2. 2. 6. Consideration of authorizing the City Manager to execute a Lease Agreement between the City of San Angelo and Shannon Health Systems for the Health Department Nursing Division office space at 2030 Pulliam, Suite 8 7. Consideration of authorizing the City Manager to execute an agreement and related documents between the City of San Angelo and Frontier Associates, LLC, a contractor hired by ATMOS Energy for the execution of a low income weatherization program for San Angelo citizens who are ATMOS customers 8. Consideration of adopting a Resolution authorizing the City Manager or his designee to establish theAddendum fair market value of 8,938 square feet of excess right-of-way adjacent to Beaty Road and Lot 14E, Block 1, Group 1, Section 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in southwest San Angelo, for purposes of realigning a portion of Beaty Road and the authority to execute all documents necessary to convey the remaining excess right-of-way to the adjacent lot owner, reserving unto the City of San Angelo blanket drainage and utility easements; and authorizing the City Manger or his designee to file an amended plat to formalize the realignment of a segment of Beaty Road and the adjoining property line for said Lot 14E 9. Consideration of adopting a Resolution authorizing a request to release of a 20 foot by 1484 foot aAddendum utility easement located within the bounds of lots 16 thru 21 and lots 23 thru 36 in Lake Nasworthy Addition, group Red Bluff, Section 2 of the Lake Nasworthy Addition, Lots 16 thru 21 and 23 thru 36, along the north half of Red Bluff Circle, in southwest San Angelo and providing for the Mayor to execute and deliver a legal instrument formally releasing and discharging such easement 10. Second Hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for new projects 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 NEW PROJECTS 11. Second hearing and consideration of adoption of an Ordinance amending Appendix A, Article 8.000, Section 8.200 Monthly Water Rates AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE 12. Second Hearing and consideration of adoption of an Ordinance ordering the General Election for May 12, 2012 (Primera Audiencia Pública y consideración de la introducción de una ordenanza que pide la Elección General para el 12 de mayo de 2012): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THE PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE MAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA DE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA) City Council Agenda Page 2 of 5 February 7, 2012
  3. 3. III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074 to discuss the appointment, employment, reassignment, and duties of the interim City Manager G. PUBLIC HEARING AND COMMENT 13. Presentation of the 4th Quarter 2011 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB) (Presentation by CVB Vice President Pamela Miller and Vice President for Economic Development John Dugan) 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 12-01: Paul Jost 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: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) and Office Warehouse (OW) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY (Presentation by Planning Manager AJ Fawver) 15. Second hearing and consideration of adoption of an Ordinance amending Chapter 11, Article 11.200 Water Conservation and Drought Contingency Plan of the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Will Wilde) 16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 11 regarding drip irrigation of the Code of Ordinances, City of San Angelo AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202 (11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Water Utilities Director Will Wilde)City Council Agenda Page 3 of 5 February 7, 2012
  4. 4. 17. Discussion of speed limit on Foster Road from Loop 306 Frontage Road South through Butler Farms Subdivision and any action in connection thereto (Presentation by City Engineer Clinton Bailey) 18. Consideration and possible action of the possible formation of a temporary committee to study and recommend improvements to the pedestrian and vehicular right of ways on and around Gun Club Hill, including Gun Club Road and Hillside Drive (Presentation by City Engineer Clinton Bailey) 19. Consideration of dredging the Ivie Intake Pump Station Channel and any action in connection thereto (Presentation by Water Utilities Director Will Wilde) 20. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board for approval of the following for pedestrian improvements along Chadbourne Street from the intersection with Concho Avenue north to the proposed Multimodal Transportation Facility at the intersection of North Chadbourne and 5th Street, any related budget amendments and any action in connection thereto a. Consideration of approving the Preliminary Downtown Pedestrian Improvement Plan concept (New Freedom Grant/TIRZ-funded); and b. Consideration of approving a bidding concept in which the project will ultimately be advertised with a base bid and up to six bid alternates (Presentation by Community and Economic Development Director Shawn Lewis) 21. Consideration of matters related to the Tax Increment Reinvestment Zone (TIRZ) Board: a. Consideration and possible action of a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board approving a Project Plan and Reinvestment Zone Financing Plan b. First Public Hearing and consideration of introduction of an Ordinance approving the TIRZ Project Plan and Reinvestment Zone Financing Plan AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE (Presentation by Community and Economic Development Director Shawn Lewis) H. FOLLOW UP AND ADMINISTRATIVE ISSUES 22. Consideration of matters discussed in Executive/Session, if needed 23. Consideration of various at-large nominations by Council: a. Construction Board b. Downtown Development Commission c. Tax Increment Reinvestment Zone 24. Consideration of various Board nominations by Council and designated Councilmembers: a. Animal Shelter Advisory Committee: Mary White, DVM, (SMD5) to a 1st full term January 2014 b. Ft. Concho Museum Board: Greg Stephens (Mayor) to a 2nd full term January 2015 and Robert Rainey (SMD1) to a 1st full term January 2015 c. Planning Commission: Sebastian Guerrero (Mayor) to a 1st full term January 2015 d. Water Advisory Board: Joe Spano (SMD6) to fill an unexpired term September 2012City Council Agenda Page 4 of 5 February 7, 2012
  5. 5. 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, February 2, 2012, at 5:30 P.M. /s/________________________ Alicia Ramirez, City ClerkCity Council Agenda Page 5 of 5 February 7, 2012
  6. 6. CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 227Tuesday, January 17, 2011 Vol. 103 OPEN SESSIONBE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 17, 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, thus constituting a quorum. Whereupon, the following business was transacted:An invocation was given by Rev. Gail Davis of Emmanuel Episcopal and pledge was led by Drew Morrison,3rd grader at Wall Elementary and grandson of Councilmember Morrison.PROCLAMATIONS AND RECOGNITIONS“School Board Recognition Month, January 2012”, was accepted by Lanny Layman, San Angelo IndependentSchool Board President.“2011 Central High School District Champions”, was accepted by Brent Davis, Head Coach, Kevin Crane,Offensive Coordinator, Kodi Crane, Defensive Coordinator and the Central Bobcat Varsity Football Teammembers.“Wall Seahawks Flag Football District Champions”, was accepted by Will Wiggins, Coach, and Teammembers.PUBLIC COMMENTNo one came forward to comment publicly.CONSENT AGENDAAPPROVAL OF THE JANUARY 3, 2012 CITY COUNCIL REGULAR MEETING MINUTESAWARD OF BIDS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTEANY NECESSARY RELATED DOCUMENTS:WU-16-11: Caustic Soda, K. A. Steel Chemicals (Houston, TX), $158,000.00WU-18-11: Ferric Chloride, Kemira (Harlingen, TX), $245,000.00WU-19-11: Polymer, Chameleon Industries (Mesquite, TX), $102,000.00AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISEDVALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIESDIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OFSUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:2626 Sleepy Hollow Road (Otho), Lot 11, Fishermans Road, $92,734.002041 American Legion (Ellis), Lot 22, Group 2, $93,655
  7. 7. Page 228 MinutesVol. 103 January 17, 2011ANNUAL REPORT OF RECORDS MANAGEMENT PROGRAM AND ADOPTION OF A RESOLUTIONAUTHORIZING THE RECORDS MANAGEMENT OFFICER TO CONTINUE IMPLEMENTATION OFTHE ROUTINE OPERATIONAL AND PROCEDURAL AMENDMENTS TO THE RECORDSMANAGEMENT PROGRAM (ANNEX A, PAGE 235, RESOLUTION #2012-01-008)ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANAMENDMENT TO THE CONTRACT FOR TWIN BUTTES RESERVOIR WITH THE BUREAU OFRECLAMATION (ANNEX B, PAGE 237, RESOLUTION #2012-01-009)SECOND 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 239, ORDINANCE #2012-01-010)Z 11-23: First Financial BankAN 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: 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 MassenburgDrive, in south western San Angelo, changing the zoning classification from Planned Development (PD) toSingle-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING APENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX D,PAGE 241, ORDINANCE #2012-01-011)Z 11-24: City of San AngeloAN 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: 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, insouth western San Angelo, changing the zoning classification from Planned Development (PD) to Single-FamilyResidential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYSECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E,PAGE 245, ORDINANCE #2012-01-012)SU 11-04: William SartainAN 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: 20 N. Bell Street at the southeast corner of the intersection of N. BellStreet 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 NeighborhoodCommercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTYMotion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded byCouncilmember Silvas. Motion carried unanimously.
  8. 8. Minutes Page 229January 17, 2011 Vol. 103REGULAR AGENDA: PUBLIC HEARING AND COMMENTAPPROVAL OF AN ORAL RESOLUTION CONCURRING WITH A PROTEST BY POLICE CHIEF TIMVASQUEZ TO AN APPLICATION SUBMITTED TO THE TEXAS ALCOHOL BEVERAGECOMMISSION BY THE THROTTLE DOWN SALOONCouncilmember Adams requested the item be discussed in Regular Session. Police Chief Vasquez informed theapplicant did have the opportunity to file an appeal; however, the process required a hearing before Tom GreenCounty Judge Mike Brown. City Manager Harold Dominguez stated upon approval of the oral resolution,Council gives staff authority to act on behalf of the Council regarding the protest.Motion, to approve, as presented, was made by Councilmember Morrison and seconded by CouncilmemberSilvas. Motion carried unanimously.DENIAL OF A SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDINGCHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SANANGELOZ 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.Councilmember Morrison expressed his concern of the potential use for the group home. Proponent DavidDeLoney stated the use will be a boarding house catering to individuals released from drug rehabilitation orprison in order to adjust in a home setting. He noted this will not be a half-way house.Motion, to deny, as presented, was made by Councilmember Morrison and seconded by CouncilmemberFarmer.Proponent Reverend Hickman explained initially the idea was for a transitional home setting; however, sinceand due to zoning restrictions, housing will not be focused on those individuals recently released from prison.General discussion was held on the facility and type of housing for the targeted individuals, similar facilitiesavailable and located within the city as registered alternative housing, whether there are sufficient numbers ofsuch type of housing, the proximity to the school, supervision of the facility, the filtering of the residentapplicants, pre-existing issues prior to the proponents ownership, existing drug activity within theneighborhood, and the type of support proponents receive from drug abuse facility programs.Public comments were made by Citizen Jim Turner.A vote was taken on the motion on the floor. AYE: Morrison, Silvas, Hirschfeld, and Farmer. NAY: New,Alexander, and Adams. Motion carried 4-3.RECESSAt 9:54 A.M., Mayor New called a recess.RECONVENEAt 10:04 A.M., Council reconvened, and the following business was transacted:
  9. 9. Page 230 MinutesVol. 103 January 17, 2011APPROVAL OF A LICENSE AGREEMENT WITH THE SAN ANGELO HEALTH FOUNDATION FORTHE CONSTRUCTION OF A TRAIL ALONG THE SOUTH BANK OF THE NORTH CONCHO RIVERBETWEEN IRVING STREET AND CITY-OWNED PROPERTY EAST OF KOENIGHEIM STREET (U.S.HWY 87, NORTH) AS PART OF THE RIVER IMPROVEMENT PROJECT AND AUTHORIZATION FORTHE CITY MANAGER TO EXECUTE SAID AGREEMENTParks and Recreation Director Carl White presented background information. A copy of the presentation is partof the Permanent Supplemental Minute record.General discussion was held on the location of the trail, time frame of the contract, funding sources allocated forthe project, future development, suggested revising the notice for termination from 90 to 180 days, the removalof the trail at the city’s expense, and questioned the length of the 20 year of the contract.Public comments were made by Foundation Executive Director Tom Early.Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Alexander.Motion carried unanimously.DISCUSSION AND POSSIBLE ACTION ON THE CONSTRUCTION OF A PEDESTRIAN PATHWAYAROUND GUN CLUB HILL OFF OF HILLSIDE DRIVE NEAR LAKE NASWORTHYRequested by Councilmember Alexander and City Engineer Clinton Bailey presented background information.A copy of the presentation is part of the Permanent Supplemental Minute record.Public comments were made by resident Tadd Logan and KOA Camp Ground owner Marshall Gray.General discussion was held on the trail amenities, potential buyers for the property, spending Lake Nasworthydedicated monies on the road versus the trail, number of citizens utilizing the trail, directing citizens to utilizethe new trail versus existing roadway, opening gate for pedestrian accessFuture item: parking along hillsideMotion, to deny the construction, as presented, was made by Councilmember Adams and seconded byCouncilmember Morrison.Public comment was made by Citizen Jim Turner.AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer. NAY: Alexander. Motion carried 6-1.APPROVAL OF CONSTRUCTION OF A NEW BOAT RAMP AT LAKE NASWORTHY TO ASSISTWITH THE SAN ANGELO BOAT RACES, AND TO PROVIDE BETTER LAKE ACCESS FORRECREATIONAL USERS, AND AUTHORIZATION TO EXPEND UP TO $35,000.00 FROM THE LAKENASWORTHY TRUST FUND TO ASSIST WITH CONSTRUCTION OF THE NEW RAMP ANDASSOCIATED INFRASTRUCTUREAssistant City Manager Rick Weise presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to approve, as presented, was made by Councilmember Silvas and seconded by CouncilmemberAdams.General discussion was held on the available parking once the ramp was installed and additional rampaccessibility.A vote was taken on the motion on the floor. Motion carried unanimously.APPROVAL OF AN ORAL RESOLUTION DIRECTING SIEMENS INDUSTRY, INC. TO PROCEEDWITH PHASE II SERVICES RELATED TO THE REUSE OF LANDFILL GAS AS OUTLINED IN THELETTER OF INTENT APPROVED BY CITY COUNCIL IN DECEMBER 2010Assistant City Manager Elizabeth Grindstaff and Siemens Representative Martha Senf presented backgroundinformation. A copy of the presentation is part of the Permanent Supplemental Minute record.
  10. 10. Minutes Page 231January 17, 2011 Vol. 103General discussion was held on the potential methane gas users, installation of the passive remediation system,water quality issues, Texas Commission on Environmental Quality (TCEQ) requirements, installation of anactive remediation system, environmental regulations, expansion of landfill well fields and collection system toextract the methane gas, building the pipeline, potential revenue; comparison of use, need, and distance of otherqualified bidders; potential risks involved; financing the project; and project development process.Motion, to authorize Siemens to move forward and proceed with Phase II, as presented, was made byCouncilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.APPROVAL OF AN ORAL RESOLUTION DIRECTING THE CITY MANAGER OR HIS DESIGNEE TOINITIATE NEGOTIATIONS TO DETERMINE THE FINANCIAL VIABILITY FOR A CONTRACT FORTHE LANDFILL GAS TO ENERGY PROJECT WITH QUALIFIED INDIVIDUALS OR ENTITIESSUBMITTING PROPOSALS IN RESPONSE TO RFP OP-01-11Assistant City Manager Elizabeth Grindstaff presented background information.Motion, to authorize City Manager to move forward, as presented, was made by Councilmember Hirschfeld andseconded by Councilmember Morrison. Motion carried unanimously.Councilmember Hirschfeld left the meeting at 12:10 P.M.DISCUSSION OF TRASH COLLECTION AND CODE ENFORCEMENT ISSUESRequested by Councilmember Farmer, Operations Director Ricky Dickson and Code Compliance ManagerJames Flores presented background information.Council directed staff to make a recommendation regarding container size, penalty for failing to control thedebris, or other possibilities to remedy the situation, specifically the Southwest area commercial businesses, andto present findings at a future meeting.RECESSAt 12:20 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONAt 12:48 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. OpenGovernment; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions toRequirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to acompany or companies with whom the City of San Angelo is conducting economic development negotiationsand which the City of San Angelo seeks to have, locate, stay or expand in San AngeloOPEN SESSION (continued)At 12:52 P.M. City Council concluded the Executive/Closed Session whereupon the following business wastransacted:RECESSAt 12:52 P.M., Mayor New called a recess.RECONVENEAt 1:25 P.M., Council reconvened, and the following business was transacted:APPROVAL OF MATTERS RELATED TO REQUEST FOR COMPETITIVE SEALED PROPOSALCOSADC-01-11 BUSINESS RESOURCE CENTER RENOVATION:APPROVAL OF A RECOMMENDATION FROM CITY OF SAN ANGELO DEVELOPMENTCORPORATION (COSADC) TO AWARD BID COSADC-01-11 BUSINESS RESOURCE CENTERRENOVATION AND CONSTRUCTION CONTRACT TO STODDARD CONSTRUCTIONMANAGEMENT, INC IN AN AMOUNT NOT TO EXCEED $1,334,942.00 FOR CONSTRUCTIONRENOVATIONS ON THE FORMER COKE BUILDING AT 69 N. CHADBOURNE, AND
  11. 11. Page 232 MinutesVol. 103 January 17, 2011AUTHORIZATION FOR THE CITY MANAGER AND COSADC PRESIDENT TO NEGOTIATE ANDEXECUTE A CONTRACT WITH THE RECOMMENDED VENDORAUTHORIZATION FOR ADDITIONAL PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED$160,000.00 TO COVER COSTS OF ADDITIONAL WORK INCLUDING A NEW ROOF ANDFACADE/GLASS STOREFRONT, INCREASED CONTINGENCY FEES, AND INCREASEDARCHITECTURAL FEES ASSOCIATED WITH THE EXPANDED PROJECTCommunity and Economic Development Director Shawn Lewis and Economic Development CoordinatorDonna Osborne presented background information. A copy of the presentation is part of the PermanentSupplemental Minute record.General discussion was held on the lapsed insurance coverage, damage, and repair cost due to the recent fire.Motion, to award the bid and approve the additional work, as presented on both items, was made byCouncilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.AWARD OF A BID FOR PK-02-11 /RIO VISTA PARK RENOVATION TO STODDARDCONSTRUCTION MANAGEMENT, INC. (BULVERDE, TX) IN THE AMOUNT OF $572,500.00, ANDAUTHORIZATION FOR AN ADDITIONAL $27,500.00 FOR ALTERNATE OPTION #5 TO COMPLETEDIN-HOUSE BY PARK STAFF, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TONEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTSParks and Recreation Director Carl White and Construction Manager David Knapp presented backgroundinformation. A copy of the presentation is part of the Permanent Supplemental Minute record.General discussion was held on the type of Bermuda grass and required amount of water to sustain the grass.Councilmember Hirschfeld returned to the meeting at 1:43 P.M.Councilmember Morrison expressed his concern regarding the local bidder’s response to the bid. PurchasingManager Roger Banks explained the local preference option was not part of the bid process.Motion, to award and authorize additional funding, as presented, was made by Councilmember Adams andseconded by Councilmember Silvas. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY:Morrison. Motion carried 6-1.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012BUDGET FOR NEW PROJECTSAN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCALYEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEWPROJECTSFinance Director Michael Dane presented background information.Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded byCouncilmember Adams. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING APPENDIX A,ARTICLE 8.000, SECTION 8.200 MONTHLY WATER RATESAN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATERRATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEWSUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING
  12. 12. Minutes Page 233January 17, 2011 Vol. 103AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY,PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATEWater Utilities Director Will Wilde presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded byCouncilmember Adams. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11,ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLANAN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES,CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHTCONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING ANEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FORSEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATEWater Utilities Director Will Wilde presented background information. A copy of the presentation is part of thePermanent Supplemental Minute record.Councilmember Alexander commented on the excessive water usage and the reaction time before a penalty isimposed. He suggested a shorter notification time.General discussion was held on other notification alternatives, reaction time, staffing issues, excessive usecustomers, Automated Meter Reading system, and hand or manual watering option.Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded byCouncilmember Hirschfeld. Motion carried unanimously.FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ORDERING THE GENERALELECTION FOR MAY 12, 2012 (PRIMERA AUDIENCIA PÚBLICA Y CONSIDERACIÓN DE LAINTRODUCCIÓN DE UNA ORDENANZA QUE PIDE LA ELECCIÓN GENERAL PARA EL 12 DEMAYO DE 2012):AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERINGTHAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THEPURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONSFOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TOTHE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZADEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓNGENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DEMAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTADE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTAORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA)City Clerk Alicia Ramirez presented background information.Motion, to introduce adopt the Ordinance Resolution authorize approve accept, as presented, was made byCouncilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.Public comments were made by Citizen Jim Turner.FOLLOW UP AND ADMINISTRATIVE ISSUESCONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSIONNo action was taken on matters discussed in Executive/Closed Session.
  13. 13. Page 234 MinutesVol. 103 January 17, 2011APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATEDCOUNCILMEMBERS:Animal Shelter Services Advisory Commission: John Russell, DVM, (SMD2) to a 2nd full term 2014Civic Events Board: Sandy Fields (SMD6) to a 1st full term January 2014Ft. Concho Museum Board: Robert Aguilar, Jr. (SMD2) to a 1st full term January 2015 and Dana Gray (SMD2)to a 2nd full term 2015Motion, to approve various board nominations by Council and designated Councilmembers, was made byCouncilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.CONSIDERATION OF FUTURE AGENDA ITEMSCity Manager Harold Dominguez distributed the proposed January 17, 2011 Agenda and solicited Councilcomments and suggestions.Councilmembers Morrison and Farmer left the meeting at 2:20 P.M. and did not return.RECESSAt 2:21 P.M., Mayor New called a recess.EXECUTIVE/CLOSED SESSIONCouncil did not convene due to the lack of a quorum in Executive Session under the provision of GovernmentCode, 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 offinancial or other incentive to a company or companies with whom the City of San Angelo is conductingeconomic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand inSan Angelo.OPEN SESSION (continued)At 2:34 P.M. City Council reconvened whereupon the following business was transacted:ADJOURNMENTMotion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motioncarried unanimously.The meeting adjourned at 2:34 P.M. THE CITY OF SAN ANGELO ___________________________________ Alvin New, MayorATTEST:_______________________________Alicia Ramirez, City ClerkAnnexes A-EIn accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of thismeeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Councilmeetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased fromthe Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recordingmay be distorted due to equipment malfunction or other uncontrollable factors.)
  14. 14. City of San AngeloMemo Date: January 24, 2012 To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for February 7, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent Consideration of rejecting formal bid VM-01-12 for a digger derrick and authorizing the City Manager or designee to execute any necessary related documents. Summary: The Vehicle Maintenance Department requested formal bids for a digger derrick for the use of the City’s Traffic Department. Bids were requested and received from Terex (San Antonio, TX) and Altec Industries (Kaufman, TX). History: Bids were requested for replacing current equipment that are past its useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base and were advertised in local media and the internet. Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: Bids were requested for new units meeting the City’s specifications. Due to a budget that was anticipated to be far below the price of new units, bids were also requested for used or demo equipment that closely meet our specifications. Terex returned a proposal on a new unit only; Altec offered both a new and used unit. Altec’s used equipment proposal met the City’s specifications and budget constraints. Unfortunately, the offered unit has been sold and is no longer available for purchase by the City. Both offers of new units exceeded the budget constraints for this machine and therefore are not a viable option at this time. Due to budget restraints and considering the equipment offered, staff recommends to reject all formal bids. Related Vision Item: NA Other information/Recommendation: Staff recommends rejecting all formal bids relating to VM- 01-12.X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-01-12 Digger Derrick.doc
  15. 15. Attachments: Bid Tabulation VM-01-12 Reviewed by: Ricky Dickson, Operations DirectorX:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-01-12 Digger Derrick.doc
  16. 16. CITY OF SAN ANGELO BID TAB RFB: VM‐01‐12‐Digger Derrick/January 18, 2012 Altec Terex Utilities EstItem Unit Item Description QTY Price/Unit Extended Price/Unit Extended1 New Digger Derrick Ea 1 $ 183,742.00 $ 183,742.00 $ 207,254.00 $ 207,254.002 Remote Control Ea 1 $ 7,602.00 $ 7,602.00 $ - $ -3 Extended Warranty-Chassis Ea 1 $ 2,614.00 $ 2,614.00 $ 2,625.00 $ 2,625.004 Extended Warranty-Cdigger Ea 1 $ 7,903.00 $ 7,903.00 $ 88,949.00 $ 8,949.005 Technician Training Ea 1 $ 2,800.00 $ 2,800.00 $ 2,000.00 $ 2,000.006 18" Auger Ea 1 $ 1,018.00 $ 1,018.00 $ 1,068.00 $ 1,068.007 Annual Safety & Dielectric (7yr) Ea 1 $ 10,120.00 $ 10,120.00 $ - $ - Total $ 215,799.00 $ 221,896.00 EstItem Unit Item Description QTY Price/Unit Extended Price/Unit Extended1 Used Digger Derrick Ea 1 $ 99,900.00 $ 99,900.00 No Bid Delivery Days (Calendar Days) 30 Not Noted RFBs Sent To: Terex San Antonio, TX Altec Kaufman, TX X:PF DocumentsBid Documents2012 Equipment BidsBid Tabs 2012Digger DerrickBid Tab ‐ VM‐01‐12 ‐ Digger Derrick
  17. 17. City of San AngeloMemo Date: January 3, 2012 To: Mayor and Council Members From: Roger S. Banks, Purchasing, Division Manager Subject: Agenda Item for February 7, 2012 Council Meeting Contact: Diana Farris, Purchasing Specialist, 657-4212 Caption: Consent Item Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): A. 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey Subdivision, $10,250, Suit No. B-09-0014-T Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities. (See Property Analysis) History: Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll. Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Director of Finance
  18. 18. 1.292 acres o/o Block 8, Julia A. BaileySubdivision5201 N ChadbourneCopyright 2011 Esri. All rights reserved. Tue Jan 3 2012 01:12:21 PM.
  19. 19. RESOLUTION AUTHORIZING SALE OF REAL PROPERTY (Less than Adjudged Value or Judgment) WHEREAS, on the day of , 2012, at a regularly scheduled meeting ofthe City Council of the City of San Angelo, Texas, there was presented to said Council theproposal for the City to sell a parcel of land situated within the city limits of the City of SanAngelo, said parcel being described as follows: 1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G. Railway Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929 Official Public Records, Tom Green County, Texas. WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument Number 705026, of the Official Public Records of RealProperty, Tom Green County, Texas; and WHEREAS, the City Council has determined that it is in the best interest of the City of SanAngelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market valuespecified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFSAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacityas representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the abovedescribed lot(s) to STEVEN ALAN MIDA and VIRGIL PACETTI, both married people, for theconsideration of Ten Thousand Two Hundred Fifty and 00/100 Dollars ($10,250.00) and that thesale for said amount is also hereby authorized and approved.APPROVED AND ADOPTED ON THE DAY OF , 2012. THE CITY OF SAN ANGELO ______________________________ Alvin New, MayorAttest:_____________________Alicia Ramirez, City ClerkApproved As to Form: Approved As to Content:y:councilelectronic agendas201202-07-12pur tax lotresolution.doc
  20. 20. ______________________ ____________________________Lysia H. Bowling, City Attorney Roger S. Banks, Purchasing Manager
  21. 21. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strikeany or all of the following information from this instrument before it is filed for record in the publicrecords: your social security number or your driver’s license number. Tax-Resale Deed (Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Steven Alan Mida, a married person and Virgil Pacetti, a married person 6750 FM 2034 Robert Lee, Coke County, Texas 76945 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements): 1.292 Acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G. Railway Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929 Official Public Records, Tom Green County, Texas. Acct. #02-12600-0008-000-60 Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 2, 2011, in Cause No. B-09-0014-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated June 30, 2011, and recorded in Instrument Number 705026, Official Public Records of Real Property, Tom Green County, Texas. For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantors right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantees heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are hereby specifically excluded. Grantees rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose. Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas
  22. 22. Constitution. Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years. When the context requires, singular nouns and pronouns include the plural. GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment By: ____________________________ATTEST: Alvin New, Mayor and duly-authorized agentAlicia Ramirez, City ClerkSTATE OF TEXAS § §COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor andduly-authorized agent of the City of San Angelo, a Texas home rule municipal corporation, on behalf of such corporationand as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of TexasAfter Recording, Return To:Office of the City AttorneyCity of San Angelo
  23. 23. PROPERTY ANALYSIS For Tax Resale PropertyLegal Description: 1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G Railway Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929 Official Public Records, Tom Green County, TexasTax Suit Number: B-09-0014-TLocation: 5201 N ChadbourneParcel Size/Dimensions: 1.292 acresCity of San Angelo vs. Bob A. NowlinTax ID Number: 02-12600-0008-000-60Judgment Date: March 2, 2011Date of Sheriffs Sale: August 6, 2011Sheriffs Deed Recorded: June 30, 2011Adjudge Value: $ 12,900.00Amount of Offer: $ 10,250.00 Amounts Due Priority % of Pro Rata Amounts Fees Judgment Allocations Remainder Allocations DistributedAdministration Fee $ 350.00 $ 350.00 0.00% $ 350.00Maintenance Fee $ - 0.00% $ -District Clerk $ 316.00 $ 316.00 0.00% $ 316.00Sheriffs Fee $ 100.00 $ 100.00 0.00% $ 100.00Attorney Fee $ 397.00 $ 397.00 0.00% $ 397.00Municipal Liens $ 17,527.76 64.81% $ 5,889.31 $ 5,889.31Taxes $ 9,516.98 35.19% $ 3,197.69 $ 3,197.69Total $ 1,163.00 $ 27,044.74 $ 1,163.00 100.00% $ 9,087.00 $ 10,250.00Actual Total Amt Due $ 28,207.74Amount Remaining $ 9,087.00 Offer will satisfy the court cost and a portion of the taxes and liens.
  24. 24. City of San AngeloMemo Date: January 26, 2011 To: Mayor and Councilmembers From: Will Wilde, Water Utilities Director Subject: Consent Item for February 7, 2012 Council Meeting Contact: Will Wilde, Water Utilities Director, 657-4209 Caption: Consideration of approving a residential lease renewal with Mary Ann Schober Greenhaw et vir, Carl Greenhaw at Lot 57, Group Fishermans Road, 2690 Sleepy Hollow Road, and authorizing the Water Utilities Director to execute the same. Summary: The leaseholder’s current lease expires in 2019 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: 2012-2018 $594.00 New lease fees: 2012-2018 $677.00 2019-2051 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 (Greenhaw) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 26, 2012.
  25. 25. 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 Mary Ann Schober Greenhaw et vir,Carl Greenhaw whose address is 2690 Sleepy Hollow Road, San Angelo, Texas 76904. 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 57, Group Fishermans Road, 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 2690 Sleepy Hollow Road, San Angelo, Texas 76904). II. TERM, FEES AND RENT FIXED COMMENCEMENT AND TERMINATION DATE2.1 This lease is granted for a period of forty (40) years beginning May 1, 2012 andending April 30, 2052, in consideration of the initial payment of $150.00, which paymentincludes the granting fee, receipt of which payment is hereby acknowledged, and thefurther consideration of Lessees payment of future annual rent in accordance withsubsequent paragraphs hereof and Lessees compliance with the stipulations andconditions 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 2018 $677 For the Years 2019 Through 2051 Market Value *
  26. 26. * Annual rent shall be the appraised market value of the leased premisesmultiplied by a factor of 0.08. Such appraised market value shall be determined andadjusted in accordance with applicable City ordinances in effect at the time of executionof this lease. 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.
  27. 27. 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
  28. 28. 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
  29. 29. 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.
  30. 30. 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
  31. 31. 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
  32. 32. 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
  33. 33. 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
  34. 34. 14.6 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: Mary Ann Schober Greenhaw 2690 Sleepy Hollow Road San Angelo, Texas 76904 LESSOR: City of San Angelo Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902
  35. 35. EXECUTED in duplicate originals on the _____day of _____________________,20___ by: LESSEE Mary Ann Schober GreenhawSTATE OF TEXAS §COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of________________, 20____ by Mary Ann Schober Greenhaw. 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
  36. 36. City of San AngeloMemoDATE: January 24, 2012TO: Mayor and CouncilmembersFROM: Angelica Pena, CHS Program CoordinatorSUBJECT: Agenda Item for February 7 Council MeetingCONTACT: Angelica Pena 655-4818CAPTION: Consent Consideration of approval of annual recertification for Galilee Community Development Corporation as a Community Housing Development Organization (CHDO) ----------------------------------------------------------------------------------------------------------------------SUMMARY: HUD recommends recertification of CHDOs annually. As stated in the HOMEregulations (§ 92.300 (a)(1)), a participating jurisdiction is required to reserve not less than 15% of theirHOME allocation for investment in housing to be developed, sponsored or owned by CHDOs.HISTORY: Galilee CDC is required to be recertified annually. They meet all HUD CHDO requirementsas described below: · Has a governing board consisting of not less than one-third low-income persons and not more than one-third public officials. · Has a 503(c)(3) or (c)(4) ruling from the IRS. · Has demonstrated a capacity for carrying out activities assisted with HOME funds · Has a history of serving the community in which the HOME assisted housing is to be located for a minimum of one year · Has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons, as evidenced in its charter, articles of incorporation, resolutions or by-laws.FINANCIAL IMPACT: None. Galilee must be recertified as a CHDO in order to expend HOME funds.RELATE GOAL ITEM: None.
  37. 37. OTHER INFORMATION/RECOMMENDATIONS: Staff recommends approval.ATTACHMENTS: None.PRESENTATION: None.PUBLICATION: None.REVIEWED BY SERVICE AREA DIRECTOR: Robert Salas, Neighborhood & Family Services
  38. 38. City of San AngeloMemo Date: January 20, 2012 To: Mayor and Councilmembers From: Sandra J. Villarreal Subject: Agenda Item for February 7, 2012 Council Meeting Contact: Rick Weise or Sandra Villarreal Caption: Consent Consideration of authorization the City Manager to execute a Lease Agreement with Shannon Health Systems for the Health Department Nursing Division office space at 2030 Pulliam, Suite 8 Summary: Because of the Master Plan and with the City Hall / Health Building Revitalization Project that began in 2010, the Nursing-Health Department was relocated to 2030 Pulliam, Suite 8. Terms of the current contract expire on March 31, 2012. At this time, there is no space available in the renovated portions of City Hall or the Health Building for Nursing and thus require the City’s Nursing Division to continue to rent this space. History: The Nursing Division has occupied the location for two years, again, the with the terms expiring on March 31, 2012. Financial Impact: Rental rate proposed by Shannon Health for the 3,222 square foot space is $0.77 per sq. ft., or $2,480.94 per month provided by general fund dollars. This is an increase of $64.44 per month from the current rate. The current rate is $0.75 per sq. ft., or $2,416.50 per month. Related Vision Item Downtown Revitalization (if applicable): Other Information/ Staff recommends . . . approval. Recommendation: Attachments: Lease Agreement and Floor Plan of Lease Space Presentation: None Publication: None Reviewed by Rick Weise, x-1072 Director:
  39. 39. Approved by Legal:
  40. 40. City of San AngeloMemoDATE: January 3, 2012TO: Mayor and Council MembersFROM: Robert Salas, Director, Neighborhood ServicesSUBJECT: Agenda Item for February 7, 2012 Council MeetingCONTACT: Robert Salas 657-4274CAPTION: Consent Consideration of approving an agreement between the City of San Angelo and Frontier Associates, LLC, a contractor hired by ATMOS Energy for the execution of a low income weatherization program for San Angelo citizens who are ATMOS customers and authorizing the City Manager to execute related documents ------------------------------------------------------------------------------------------------------------------------------------------------Summary: Neighborhood & Family Services requests approval of an agreement between the COSA andFrontier Associates, LLC to execute a low income housing weatherization program for citizens in financialdistress. The current contract has expired and is in need of renewal.History: Over the past four years, ATMOS has provided up to $50,000.00 annually to the City in order tocarry out the housing weatherization program. The program assists citizens in need of financialassistance to weatherize their homes free of charge.Financial Impact: If approved, the City will receive up to $50,000.00 in private funds from ATMOS thruFrontier Associates, LLC to assist San Angelo citizens. There are no direct costs to the City and the citywill be allowed 8% administrative fees to cover staff time.Related Vision Item: Neighborhood RevitalizationOther Information/Recommendations: Staff requests approval of the agreement and to allow the CityManager to execute the agreement.Attachments: AgreementPresentation: NonePublication: NoneReviewed by Department Director: N/A
  41. 41. City of San AngeloMemoMeeting Date: February 7, 2012To: Mayor and City Council membersFrom: Will Wilde, Director of Water Utilities AJ Fawver, Planning ManagerSubject: realignment of Beaty Road and transfer of excess right-of-wayLocation: area bounded roughly by North U.S. Hwy. 67 on the south, North U.S. Hwy. 277 on the east, Farm-to-Market Hwy. 2105 on the north, and a combination of Schwertner and Pruitt Roads on the westContacts: Will Wilde, Director of Water Utilities 657-4209 A J Fawver, Planning Manager 657-4210 Dan Saluri, Assistant City Attorney 657-4407 Bob Schneeman, Development Coordinator 657-4210 Cynthia Preas, Paralegal 657-4407Caption: Consideration of adopting a Resolution authorizing the City Manager or his designee to establish the fair market value of 8938 square feet of excess right-of-way adjacent to Beaty Road and Lot 14e, Block 1, Group 1, Section 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in southwest San Angelo, for purposes of realigning a portion of Beaty Road and the authority to execute all documents necessary to convey the remaining excess right-of-way to the adjacent lot owner, reserving unto the City of San Angelo blanket drainage and utility easements; and authorizing the City Manager or his designee to file an amended plat to formalize the realignment of a segment of Beaty Road and the adjoining property line for said Lot 14e.Summary: The property owner of Lot 14E, which is adjacent to the excess right-of-waydescribed in the caption above, approached the Water Utilities Department regarding apossible acquisition of this property for use as a driveway and landscaping, to be
  42. 42. maintained by the property owner. In assessing the request, it was determined that theright-of-way width at this location is unnecessarily large, and City staff has no objections toeliminating this portion.Analysis:The attachments to this report include the current plat for this subdivision from 1999. In theexecution of this subdivision plat, this portion of Beaty Road was dedicated to the public.Once this request was received, both internal staff and external utilities were notified of theproposed change. Both groups have responded that a blanket drainage and utilityeasement is necessary for the entire tract proposed to be transferred.In consulting with the City Attorney’s office, staff learned that state law allows for a tract ofproperty which is not necessary to the municipality and is not buildable can be sold to anadjacent property owner (and only an adjacent property owner) for its fair market value. Assuch, they have suggested that two steps will be required to complete this transaction: (1) arealignment of Beaty Road as authorized by the City Council, and (2) an amendedsubdivision plat be created and filed, to extend the northern boundary of Lot 14E, thusencompassing this extra square footage.The fair market value will include an amount discounted for the following factors: retaining ofblanket easements by both the City and external utility companies and size of the property.If approved by the Council, staff will work with the adjacent property owner in the applicationand approval process for the amended plat of this property; once completed and filed, thisparcel will be added to the tax rolls.Related Vision Item: Examine liquidation of unused or underperforming City-owned properties.Financial Impact: No cost; profit of appraised value.Recommendation: City staff recommends approval of this request.Attachments: original subdivision plat of Lake Nasworthy Addition, Group One, Section Two, with area of excess right-of-way outlined in red; graphic representation of subject property; field notes specifically describing subject property; proposed amended subdivision plat of this location to be approved and recorded if Council approves this request; and proclamation.
  43. 43. Publication: No legal notice required.Reviewed by: AJ Fawver, Planning Manager (01/27/12)

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