city council march 22, 2011 agenda packet

City Council Agenda of 6 March 22, 2011

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, March 22, 2011 McNease Convention Center, South Meeting Room

500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 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. every day for two weeks beginning on the Thursday after each meeting.

As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!

I. OPEN SESSION (9:00 A.M.)

A. Call to Order

B. Prayer and Pledge

"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 March 1, 2011 City Council Regular meeting minutes 2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any

necessary related documents: a. FD-01-11: Personal Protective Equipment, thirty eight sets of bunker gear, Casco Industries, $56,392.00 b. VM-01-11: Vehicle and Equipm ent Repair resulting from accidents, Century Trailer (San Angelo),

Lakeview Collision (San Angelo), J&T’s Welding (San Angelo), Pardner’s Body Shop (San Angelo), and Shirley’s Auto Repair (San Angelo), $55,000.00

3. Consideration of rejecting bids associated with Request for Bid VM-18-10 Lake Patrol Vehicles 4. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed for the sale of a Tax

Lot located at 817 Upton, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-T 5. Consideration of authorizing the sale of a residential property at 1830 South Concho (Stevens), Lot 7,

Group 9, for the appraised value of $121,986 and aut horizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements


6. Consideration of authorizing the City Manager to execute an Agreement with Mr. Scott Sustek for the acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St.

7. Consideration of a request to extend previous authorization by City Council to temporarily place a mobile residence on site in Single-Family Residence zoning district and specifically on property at 1324 Bryan Street in east central San Angelo until November 1 , 2011

8. Consideration of approving the City of San Angelo Development Corporation (COSADC) authorizing to execute bank signature cards and ratifying said Resolution adopted March 9, 2011 by the COSADC authorizing the same

9. Consideration of authorizing the City Manager to execute a Lease and Program Agreement between the City of San Angelo and PaulAnn Baptist Church for the leasing and use of Northside Recreation Center

10. Consideration of the City of San Angelo as the designated political subdivision for the Region F Water Planning Group

11. Consideration of m atters relating to the following City of San Angelo Development Corporation contracts: a. Consideration of adopting a Resolution by the City of San Angelo City Council approving an

economic development and grant agreement by and between the City of San Angelo Development Corporation (COSADC) and the Concho Valley Center for Entrepreneurial Development (CVCED) making provision for a grant from COSADC to CVCED for operation of economic development programs including the small business incubator and accelerator program and the Enterprise San Angelo business plan competition

b. Consideration of adopting a Resolution by the City of San Angelo City Council approving a contract by and between the City of San Angelo Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by the Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector prim ary job growth and investm ent fostering economic development

c. Consideration of adopting a Resolution by the City of San Angelo City Council approving an amendment to contact between the City of San Angelo Development Corporation (COSADC) and Downtown San Angelo, Inc. (DSA) to provide for future relocation of DSA to the planned Business Resource Center

d. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the City Manager to negotiate and execute a contract with the City of San Angelo Developm ent Corporation (COSADC) for the provision of Neighborhood and Fam ily Services Departm ent administrative services by use of City personnel and for reimbursement therefore to City from the COSADC, and ratifying said contract

e. Consideration of adopting a Resolution by the City of San Angelo City Council authorizing the City Manager to negotiate and execute a contr act with the City of San Angelo Developm ent Corporation (COSADC) for the provision of administrative services for COSADC by use of City personnel and for reimbursement therefore to City from the COSADC, and approving said contract

12. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A” of the Code of Ordinances, City of San Angelo PD 07-01 (2nd Amendment): Concho River RV Resort AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE


FOLLOWING PROPERTY, TO WIT: 20+ acres bordering the west side of South Chadbourne Street and situated within 1,000 feet of the South C oncho River in southern San Angelo, am ending a previously approved Planned Development District (PD 07-01) allowing additional time for a single manufactured (mobile) home to remain on the subject property; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

13. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for capital projects and new 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 NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE

14. Second Hearing and consideration of introduction of an Ordinance amending the untreated water rate schedule AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY MODIFYING SECTION 8.200 (a)(1) MONTHLY WATER RATES BY ADDING A NEW BASE RATE FOR UNTREATED WATER METERS; BY DELETING THE EXISTING UNTREATED WATER RATES; BY ADDING A NEW UNTREATED WATER RATE SCHEDULE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

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 551.087 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

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 pur chase, sale, exchange, lease, or value of real property

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 deliberate personnel matters related to the personnel evaluation and duties of the City Manager

G. PUBLIC HEARING AND COMMENT

15. Consideration of adopting a Resolution acknowledging the necessity for federal, state, and local officials to collectively address the proposed Texas Medicaid funding cuts; and, respectfully requesting that federal and state government officials work collectively with local officials to reduce the substantial cuts in Texas Medicaid and deve lop solutions to improve the Texas budget without cutting Texas Medicaid as drastically as proposed (Presentation by CEO of San Angelo Community Medical Center Brad Holland and Director of Business Development/Marketing Sheryl Pfluger)

16. Presentation of the 4th Quarter 2010 Report from Downtown San Angelo, Inc. and Presentation of the Preserve America Award to Alvin New, May or, by Brenda Gunter, President of Downtown San Angelo, Inc.


(Presentation by DSA Executive Director Genora Young) 17. Second public 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 MAY BE LIMITED TO A SPECIFIED NUMBER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (Presentation by Code Compliance Manager James Flores and Planning Manager AJ Fawver)

18. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 10, Article 10.600 in relation to angle parking zones AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVE AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERN DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Transportation Planner Doray Hill)

19. First Public Hearing and consideration of introduction of an Ordinance amending Ordinance Relating to Classified (Police) staffing levels due to consolidation of Lake, Park & Airport Police with the San Angelo Police Department; to wit: AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B), ENTITLED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BY INCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE NUMBER OF POLICE OFFICER FROM ONE HUNDRED TWENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES (Presentation by Police Chief Tim Vasquez)

20. Consideration of awarding base bid & alternate “B” for ES-01-11 50th Street Construction & Grape Creek Reconstruction Projects to Reece Albert, Inc. (San Angelo, TX) in the amount of $3,546,612.86 and authorizing the City Manager or his designee to execute any necessary related documents (Presentation by City Engineer Clinton Bailey)


21. Consideration of the Permit and Inspection Division’s recommendations regarding a request for in-kind support (waiving permit fees) for “Operation Finally Home” (Presentation by Building Official Al Torres)

22. Consideration of approving a nam ing rights proposal for the San Angelo Coliseum from Foster Communications (Presentation by Civic Events Manager Anthony Wilson)

23. First public hearing and Consideration of introduction of an Ordinance repealing Article 5.100, Section 5.107 City Code of Ordinances Alcoholic Beverages Regulations, as it pertains to the possession of open containers and consumption of alcoholic beverages in the Downtown area AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SAN ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGES REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSION OF AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDING FOR AN EFFECTIVE DATE. (Presentation by Development Coordinator Robert Schneeman)

24. Presentation, update, and discussion on technology features offered by the City of San Angelo, including, but not limited to, online credit card water billing services, and any action in connection thereto (Presentation by Finance Director Michael Dane)

25. Presentation, update, and discussion of 2011-2016 Capital Im provement Plan and any action in connection thereto (Presentation by Finance Director Michael Dane)

26. Consideration of authorizing the City Manager to negotiate and execute an Interlocal Agreement with the Cities of Abilene and Midland for development of water management strategies (Presentation by Water Utilities Director Will Wilde and City Manager Harold Dominguez)

27. Discussion and consideration of setting the co-pay amount for uninsured patients at the Employee Health Clinic (Presentation by Human Resources Director Lisa Marley)

28. Consideration of items related to the May 14, 2011 General Election a. Consideration of accepting the City Clerk’s Certification of Unopposed Candidates for the City of

San Angelo May 14, 2011 General Election and consideration of authorizing the cancelation of said election

b. First Public Hearing and consideration of introduction of Ordinance canceling the May 14, 2011 General Election for Mayor, Single Member Districts 2, 4, and 6 and declaring each unopposed candidate elected to office AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OF MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND


COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING THAT ALVIN NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FREDD B. ADAMS IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHARLOTTE FARMER IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); AND ESTABLISHING AN EFFECTIVE DATE (Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

29. Consideration of matters discussed in Executive/Session, if needed 30. Consideration of various Board nominations by Council and designated Councilmembers:

a. Animal Services Advisory Committee: Tom Maurer (Mayor) to a 1st full term January 2013 b. Downtown Development Commission: Gary Cox to a 1st full term February 2012 c. Keep San Angelo Beautiful: Joseph Grimes (SMD2) to a 1st full term September 2012 d. Ft. Concho Museum Board: Dr. Ken Heineman (SMD5) to a 1st full term January 2014 e. Planning Commission: Joseph Grimes (SMD2) to a 1st full term January 2014 f. Water Advisory Board: Johnny Oswald (SMD5) to a 2nd full term September 2012

31. Consideration of nominating at large appointment to the Tax Increment Reinvestment Zone 32. Discussion, review, and possible action on matters related to the consolidation of various Boards &

Commissions 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, Friday, March 18, 2011, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

City of San Angelo

Memo Date: March 18, 2011

To: Mayor and Councilmembers

From: Assistant Chief Greg Boyle

Subject: 03-22-2011

Contact: Greg Boyle

Caption: Consent

Consideration of awarding FD-01 -11 personal p rotective eq uipment bi to Casco Industries for thirty eight sets of bunker gear in the amount of $56,392.00

Summary: The Fire De partment is requesting City Council approval to purchase 38 sets o f bunker cl othing. Requ est for Bid s were sent o ut to 4 vendo rs. T he lowest responsible bidder that met our specifications was Casco.

History: In order to comply with state and national guidelines we must replace our gear at

set intervals. This purchase allows us to stay in compliance and outfit new hires in the gear they need

Financial Impact: The purchase will consi st of 38 sets of protectiv e jackets and trousers at $1,484.00ea. for a total of $56,392.0 0 The total purcha se of $5 6,392.00 will be taken out of our regular budget uniform account #101-9000-422-06-13

Attachments: Bid tab

Reviewed by Director:

Brian Dunn

Approved by Legal: N/A

Approx Qty Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price

1Protective Jacket And Trousers-For Structural Fire Fighting (Bunker Gear) 38 $872.00 $33,136.00 $769.00 $29,222.00 $877.00 $33,326.00

2Protective Trousers for Structural Fire Fighting 38 $612.00 $23,256.00 $514.00 $19,532.00 $639.00 $24,282.00

Total Bid $56,392.00 $48,754.00 $57,608.00

Quantity Order Discount

Requests for Bids were mailed to:Casco Industries Grand Prairie TXDaco Fire Equipment Lubbock TXDooley Tackaberry Fire Safety Equipment Deer Park TXMetro Fire Arlington TX

Item

CASCO DACO FIRE EQUIPMENT ** DOOLEY TACKABERRY INC

BID TABULATION/Personal Protective Gear * RFB NO: FD‐01‐11 * January 31, 2011C I T Y O F S A N A N G E L O

** DACO's pricing does not include the specifications we requested.

0.00% 0.00% 0.00%

City of San Angelo

Memo Date: February 24, 2011


From: Patrick Frerich, Vehicle Maintenance Superintendent

Subject: Agenda Item for March 22, 2011 Council Meeting

Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651

Caption: C onsent Item

Consideration of a warding bi d VM-01-1 1, an d authorizing t he City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department is requesting City Council approval to award bid pricing for th e repai r of vehicl es and equipment resulting from accidents. Requests for Bids (RFB) were mailed to eleven (1 1) local body and welding shops and advertised in local media. Bids were received from Century Trailer – San Angelo, Lakeview Collision – San Angelo, J&T’s Welding – San Ang elo, Pardner’s Body Sho p – San Angel o, and Shi rley’s Auto Repair – San Angelo. History: The City contracts with local auto body shops for the repair of City equipment and vehi cles involved in vehicul ar a ccidents. Included as a n ad dition to this bid is a solicitation fo r pri cing for welding se rvices to enco mpass repai rs on traile rs, mowing equipment, etc.

Financial Im pact: Vehicle and eq uipment rep airs result in a n annu al expen se of approximately $55,000.0 0. Individual award i s given to the approved rep air fa cility offering the type of work re quired, best repair value based on ove rall p rice a nd availability. Related Vision Item: NA

Other Information/Recommendation: Staff recommends approving all bid submissions. Attachments: Bid Tab VM-01-11 Presentation: None Approved by Legal: NA Reviewed by Service Area Director: Ricky Dickson, Operations Director, 2-24-11

ServiceC I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: VM‐01‐11 * Equipment Body RepairFebruary 18, 2011

CenturySan

Trailer of Angelo J&T's Welding Lakeview Collision

Pardner's Body Shop

Shirley's Auto Repair

No. Item Description $ per hour $ per hour $ per hour $ per hour $ per hourComplete Body Work $ 85.00 no bid 36.00$ 36.00$ 40.00$ Other Costs Associated With Repair Svcs(Metal) Welding 75.00$ (Alum) Welding 85.00$ Shop Welding (Steel) 70.00$ Shop Welding (aluminum & stainless steel) 85.00$ Field Welding (Steel) 70.00$ Field Welding (aluminum & stainless steel) 85.00$ Paint Labor 36.00$ 40.00$ Paint Supplies(refinish) 30.00$ Paint & Material 28.00$ 28.00$ Body Work Labor 40.00$ Frame & Structural 40.00$

Name of repair manual used to determine rates n/a n/a CCC Pathways Mitchell Pathways

field welding: inside it li it 2 h icity limits- 2 hr min,

outside- 4 hr min

Cooperative Purchasing Yes Yes Yes Yes Yes

Requests for Bid were mailed to:Calvert Collision Center San Angelo, TXJ & T's Welding San Angelo, TXJim Bass Collision & Supplies San Angelo, TXLakeview Collision San Angelo, TXSantellano's Collision San Angelo, TXShirley's Auto Repair San Angelo, TXCentury Trailer San Angelo, TXJT Welding San Angelo, TXPardner's Body Shop San Angelo, TXSpring Creek Products San Angelo, TXWest Texas Collision San Angelo, TX

X:\PF Documents\Bid Documents\2011 Equipment Bids\Bid Tabs\Equipment Body Repair Service\VM‐01‐11 Bid Tab

City of San Angelo



From: Patrick Frerich, Vehicle Maintenance Superintendent


Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651


Consideration of reje cting all bid s a ssociated RFB No: VM-18-10 L ake Patrol Pickups.

Summary: The Vehi cle Mainten ance De partment req uested form al bi ds fo r purchasing new Lake Patrol Divisi on pickups. Following staff’s review of the bids an d financial impact, staff is requesting that all bids be rejected. History: Specifications were d rawn with i nput f rom the Poli ce Department to explore the fiscal and op erational option s regarding vehi cles to pat rol Lake Nasworthy, Twin Buttes, and the su rrounding area s. Bids were re quested and received that met all specifications. Bid submi ssions were rev iewed by rep resentatives f rom Vehi cle Maintenance and the Police Department and compared against current bid contracts. The current Light Duty Vehicle contract (VM-10-10) was financially better wi th no loss of performance than the vehicles proposed in the Lake Patrol Pickup RFB.

Analysis Summary Bids for VM-18-10 were returned, with the most appealing bid, meeting all specifications, at $26,100. Our current Light Duty Contract, allows us to purchase a comparable vehicle for $25,483.00. Based on the bid results and evaluation, staff recommends rejecting all bids associated with VM-18-10 and utilizin g the current contract VM-10-10 as approved by Coun cil on April 06, 2010 for purchasing Lake Patrol Vehicles.

Financial Impact: None at this time. Related Vision Item: NA

Other Information/Recommendation: Staff recommends rejecting all bid submissions. Attachments: Bid Tab VM-18-10

Presentation: None Approved by Legal: NA Reviewed by Service Area Director: Tim Vasquez, Police Chief, 2-24-11

2120-150

h

or3

4

F150 Super Crew 4x4

in stock items)

s Five Star Ford

60

X

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐18‐10 * November 24, 2010

Caldwell Country C evrolet Jim Bass Ford Sam Pack'

No. Item Description Unit Unit $ Extended Unit $ Extended Unit $ Extended1 Crew Cab Pickup 2 2$ 3,440.00 4$ 6,880.00 23,901.00$ $ 47,802.00 22,168.45$ 44,336.90$

Optional Equipment2 Parts, Service, and Operators Manuals 1 $ 350.00 $ 350.00 $ 475.00 $ 475.00 210.00$ 210.00$

3 Delivery 2 $ 280.00 $ 560.00 n/c incl

4 Extended Warranty 2 $ 2,380.00 $ 4,760.00 $ 2,115.00 $ 4,230.00 2,445.00$ 4,890.00$

5 Spot Light 2 $ 410.00 $ 820.00 $ 265.00 $ 530.00 395.00$ 790.00$

6 $ - $ - $ - $ - -$ -$

Total= 53,370.00$ Total= 53,037.00$ Total= 50,226.90$

Make and Model Quoted: 2011 Chevrolet Col

LT CT1564ado Z71 2011 Ford F150

4x4dr Crew Cab 2011 Ford

Delivery Time In Calendar Days: 90-120 45-OEM Parts Markup & Availability: 10%/ As cost + Needed 5% 10%/ 5 day (

** Pricing good on ordrs rcvdBids Mailed To: before 12/15/10.All A i A t lAll American Autoplex S A l TXSan Angelo, TAll American Chevrolet San Angelo, TXBaby Jack II Automotive LTD Caldwell, TXDallas Dodge Austin, TXHall Buick, Pontiac, GMC Tyler, TX NO BIDJim Bass Ford San Angelo, TXMac Haik Ford Georgetown, TXMitchell Toyota Kia San Angelo, TXPhilpott Motors LTD Nederland, TXReliable Chevrolet Richardson, TXSam Pack's Five Star Ford Carrolton, TX

X:\PF Documents\Bid Documents\2011 Equipment Bids\Bid Tabs\Lake Patrol Vehicles\VM‐18‐10 ‐ Lake Patrol Vehicles\Bid Tab VM‐18‐10 ‐ Lake Patrol Vehicles

Memo Date: December 2, 2010

To: Mayor and Council Members

From: Roger Banks, Purchasing Director


Contact: Diana Farris, Property Manager, Purchasing Department, 657-4212

Caption: Consent Item

Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s):

A. 817 Upton Street, (Charles), Lot 3, Block 17, Ellis Addition, Suit No. B-05-0286-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.

The lot size, amount of offers, and what the offer will satisfy are as follows: SIZE OFFER OFFER WILL SATISFY… A. 60’ x 190’ $ 1,000.00 Offer satisfies the total amount due under the judgment B. History: Listed below are the breakdowns of amounts owed: A. Taxes: $ 1,907.00 B. Taxes: $ 0.00 C. Taxes: $ 0.00 Sheriff Fees $ 100.00 Sheriff Fees $ 0.00 Sheriff Fees $ 0.00 District Clerk $ 613.00 District Clerk $ 0.00 District Clerk $ 0.00 Attorney Fees $ 300.00 Attorney Fees $ 0.00 Attorney Fees $ 0.00 Administration $ 350.00 Administration $ 0.00 Administration $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 0.00 $ 3,270.00 $ 0.00 $ 0.00 Financial Impact: All Properties will be reinstated back onto tax roll. Other Information/Recommendation: It has been verified by all entities that no outstanding balance exist for the Prospective Buyers. It is recommended that the above offers be accepted. Attachments: Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Administration Service Director

City of San Angelo

100 ft

City of San Angelo GIS Division

Copyright 1988-2010

For Illustrative Purposes Only.

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Not Less Than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to sa id Council the proposal for the City to sell a parcel of land situ ated within the city lim its of the City of Sa n Angelo, said parcel being described as follows:

Lot 3, Block 17, Ellis Addition, an Additi on to the City of San Angelo, Tom Green County, Texas, according to the m ap or plat thereof, r ecorded in Volum e “Y”, Page 39, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are owned by the City of Sa n Angelo by virtue of Sheriff’s Tax Deed, recorded on Instrument No. 660140 of the Official Public Records of Re al Property, Tom Green County, Texas. WHEREAS, the City Council, has determ ined that it is in the best interest of the City of San Angelo to sell said lot(s) for an amount that is greater than or equal to the market value specified in the Judgment of foreclosure or greater than or equal to the amount of the judgment. NOW THEREFORE BE IT RESOLVED BY TH E CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Ange lo is hereby authorized in his capacity as representative of the City of San Angelo, to e xecute a Quitclaim Deed to the abo ve described lot(s) to Anita Rodriguez Charles, a single pe rson, for the consideration of Two Thousand Nine Hundred Twenty and 00/100 Dollars ($2,920.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO

_______________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Roger Banks, Purchasing Director

City of San Angelo



From: Will Wilde, Water Utilities Director


Contact: Will Wilde, Water Utilities Director, 657-4209


Consideration of authori zing the sal e of the following residential property for the appraised va lue an d aut horizing th e Mayor, City Manager, o r Wate r Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements.

Summary: Bradley and Holly Stevens 1830 South Concho Lot 7, Group 9 $121,986 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other In formation/Recommendation: If t he sale i s approved at the a ppraised v alue, a titl e examination will be performed and legal staff will prepare a Real Es tate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Stevens) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 16, 2011.

City of San Angelo Memorandum Date: Feb ruary 25, 2011

To: Mayor and Council Members

From: Carl White, Parks & Recreation Director



Consideration of authorizing the City Manager to execute an agreement with Mr. Scott Sustek for the acceptance and installation of artwork at the sculpture well at North Bryant and 3rd St.

Summary: This proposed project involves the installation of a bronze “Cowboy” statue at the sculpture well at North Bryant and 3rd Street. See the attached rendering of the proposed artwork and its proposed location. The following is a description of the proposed statue: Bronze statue of a working cowboy, twice life-sized, with saddle resting against the right leg and rope coil in left hand at left hip. Right arm is outstretched in welcoming gesture. Mark on base – S.A. SUSTEK, 2010 (cast at Deep in the Heart Foundry in Bastrop). Weight approximately ½ ton. Patina – western style brown but subject to change by weathering. If this item is approved, City staff would assist with the installation. This assistance will be scheduled and will be dependent on available staff and resources. Most likely, the installation could occur before summer of 2011. History: The Public Art Commission approved this artwork and its placement at its meeting on March 6, 2009. Financial Impact: There is minimal cost to the City for installation of this donated artwork. City Staff would assist with the artwork’s placement. Related Vision Item (if applicable): Community Appearance Vision – support public art programs. Other Inf ormation/Recommendation: The Publi c Art Commi ssion considered thi s a rtwork a nd its placement at its meeting on March 6, 2009 and recommended approval. Attachments: Copy of the Agre ement for the Provi sion of Pu blic A rt an d Copy of th e Public Art Commission Minutes from the March 6, 2009 Meeting. Presentation: not applicable. Publication: not applicable. Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, Date: March 3, 2011.

Note: the Cowboy would actually face north as opposed to east as shown here.

Public Art Commission Minutes Friday, March 6, 2009

The Public Art Commission, following notice and publication of the meeting, met at the McNease Convention Center, 500 Rio Concho Drive, South Meeting Room, San Angelo, TX, 76903, 3:00 p.m., on March 6, 2009. Board members present were Mr. Fred Griffin, Chair; Ms. Nevie Lacy, Ms. Suzanne Sugg, Mr. David Mikulik, and Ms. Tara Rainey. Guest present was Ms. Sue Rainey, representing item #2 on the regular agenda. City Staff present were Mr. Carl White, Parks & Recreation Director, and Ms. Madeline Barton, Parks & Recreation Sr. Administrative Assistant. Mr. Griffin called the meeting to order at 3:05 p.m.

1. Consideration of approving the February 4, 2009 meeting minutes Upon review of the minutes, Ms. Lacy moved to approve, with Mr. Mikulik seconding the motion. A vote was taken, with the motion passing.

2. Consideration of permanent art for the Texas Bank Sports Complex (presented by Ms. Sue Rainey) Mr. White passed out photos of the concrete sign, located at the entrance of the new Sports Complex, on the corner of Bell St. and Rio Concho Drive. He stated this location was the initial spot considered for permanent art pieces. Ms. Sue Rainey then introduced the maquette of two metal sculptures representing two running figures, stating that the pieces will be a gift to the sports complex from the artists. She stated that the figures will stack out in layers to give depth to the pieces, and at a height of 10 feet, and a total spread of 20 feet between the pieces. The material used will be of steel with a safety coating, either Rhino lining or powder coating, whichever is less costly and will still protect the pieces. Mr. Griffin asked if the City needs to provide a base for the pieces and /or lighting. Ms. Rainey stated they had not discussed lighting. Mr. Mikulik did confirm that there will be a light in front of the base, so power would be available. Ms. Rainey said that they had not discussed securing the bases because they first wanted to have the pieces approved. She stated that “there is no cost to the City, unless they want to provide the base.” Mr. Mikulik cautioned about the spray from the irrigation system hitting the pieces. Ms. Rainey stated that it shouldn’t be an issue because of whichever protective covering is used. When asked, Ms. Rainey stated that they have not done a comparison cost between Rhino lining and powder coating; they first wanted to get approval on the art pieces. Mr. Griffin asked for a motion. Ms. Lacy made a motion to accept the art piece renderings and approve them for adoption for the site at the Rio Concho Community Park, subject to the development of an agreement from the artists, with the gracious appreciation for their generous donation. Ms. Sugg seconded the motion. A vote was taken, with the motion passing.

3. Consideration of permanent art for the North Bryant and 3rd Street, sculpture well (presentation by Mr. Scott Susteck). Ms. Rainey made the presentation of the maquette designed by Mr. Susteck, due to the fact that he was unable to attend. She stated that the piece was commissioned and partially paid ($40,000) by a private donor. Art in Uncommon Places will help in raising the other half. She stated that it is not finished, but it will be monument size upon completion, bronze cast, and the base can be adjusted to fit the area. Ms. Rainey said the piece has not yet been named and the total cost, at this point, will be $80,000.

Discussion took place on raising funds for the maintenance of the piece. Suggestions were to either have a separate fund raiser for the purpose of maintaining the sculpture and placing the funds in an existing endowment, or the Commission could place the funds in a newly created endowment strictly for the purposes of maintaining this piece. Ms. Rainey said she would take the suggestions back to her group. Mr. Griffin asked for a motion to accept the concept of the sculpture to be placed at the well on 3rd Street and Bryant Blvd. Ms. Rainey moved to accept the sculpture and the location, with Ms. Lacy seconding the motion. A vote was taken with the motion passing.

4. Consideration of Future Agenda Items. 1.) consideration and discussion of changes to the By-laws. 2.) finalize plans for the dedication of the art spots.

5. Adjournment. The meeting was adjourned at 4:03 p.m.

Community & Economic

Development



From: Robert Schneeman, Development Coordinator

Subject: Consent Agenda Item for March 22, 2011 Council Meeting

Contact: Robert Schneeman, Development Coordinator 657-4210

Caption: Consent Agenda: RATIFICATION OF A RESOLUTION ADOPTED MARCH 9, 2011 BY THE DEVELOPMENT CORPORATION AUTHORIZING BANK SIGNATURE CARDS. Summary: At its March 09, 2011 Annual Meeting the COSADC Board adopted a resolution designating new board members and the director as authorized signers on the Corporate bank accounts.

History/Analysis: As a result of n ew b oard m embers bei ng a ppointed and also a s a re sult of t he reorganization and merging COSADC w ith the Development Services Department, new bank s ignature cards are required by the bank authorizing the board members and director as signers. At its meeting of March 9, 2011 the COSADC Board approved a resolution stating that the Board of Directors of the City of San Angelo Development Corporation desires to modify bank signature cards to reflect current board officials and the director and are seeking ratification of resolution by Council.

Financial Impact: Varies dependent upon number and dollar amount of checks authorized for expenditure

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff and the COSADC Board recommend ratification of the above described resolution. Attachments: Copy of signed resolution Presentation: None

City of San Angelo



From: Andy Cedillo, Recreation Manager


Contact: Andy Cedillo, Recreation Manager

Caption: CONSENT AGENDA ITEM Consideration of approving an Interlo cal agreement between the City of San Angelo and PaulAn n Baptist Church f or th e leasing o f Northside Recreation Center, and authorizing the Mayor and/or City Manager to execute said agreement

_____________________________________________________________________________

Summary: Approval of an Interlocal Agreement between the City of San Angelo and PaulAnn Baptist Church for the leasing of Northside Recreation Center. PaulAnn Baptist Church agrees to maintain the facility, assume all costs for maintenance and operation, and to provide programming to the neighborhood.

History:

Northside Recreation Center closed on October 1, 2010. The City issued an RFP for the leasing of the facility on November 1, 2010 Council accepted a formal bid and approved staff to negotiate an agreement between the

City and PaulAnn, December 14, 2010 Financial Impact: N/A Related Vision Item (if applicable): To increase recreational opportunities for the area Other Information/Recommendation: N/A Attachments: Agreement and Map Presentation: N/A Publication: N/A Reviewed by Service Area Director: Carl White, Parks and Recreation Director _____________

LEASE AND PROGRAM AGREEMENT

THE CITY OF SAN ANGELO, a Texas home rule municipal corporation, hereinafter known as "Lessor", whose address is 72 West College, P.O. Box 1751, San Angelo, Texas 76902, hereby leases, under the following terms and conditions as hereinafter set out, unto PAULANN BAPTIST CHURCH, a Texas not for profit corporation, acting by and through its duly authorized officer, in partnership with Project Impact, a not for profit corporation, hereinafter collectively known as "Lessee", whose address is 2531 Smith Blvd., San Angelo, Texas 76905, the following property generally described as the Northside Recreation Center located in Lake View Park at 2722 N. Magdalen, San Angelo, Tom Green County, Texas, and more particularly described at paragraph number 1. “PREMISES” BELOW.

1. PREMISES.

1.1 The leased premises include the Center building, a two story building of

approximately 7,700 square feet more or less, with a gym, scoreboard and bleachers, bathrooms with showers, two meeting rooms downstairs, two meeting rooms upstairs, kitchen area without a stove, office space, storage room, and without HVAC in the gym. The leased premises include the grounds immediately surrounding the described building reasonably necessary to its use for the activities described herein, and includes parking for 30 vehicles and 5 handicapped parking spaces (hereinafter referred to as "Premises" or "Leased Premises") and more particularly described on Exhibit A attached and made a part of this Agreement for all purposes.

2. TERM .

2.1 The term of this Lease shall be for three (3) years, beginning March 22, 2011, and ending on March 22, 2014. Conditioned upon Lessee giving Lessor written notice 60 days in advance of the expiration of the then current term hereof of Lessee’s intent to extend the Lease Term, and upon full performance of Lessee’s obligations pursuant to the terms and conditions of this Lease and Program Agreement, Lessee shall have the right to extend this Lease term for up to two additional three year periods, the first such extension being through December 31, 2016, and the second such extension being through December 31, 2019.

3. RENT .

3.1 Am ount. Rental for the Leased Premises shall be the sum of One Dollar ($1.00) per year, payable in advance, in three year increments conforming to the lease term.

3.2 Place of Payment. Said payments shall be made to the Purchasing Department of

the City of San Angelo,72 West College, P.O. Box 1751, San Angelo, Texas 76902.

Lease and Program Agreement; City (Lessor), PaulAnn Baptist Church (Lessee); Page 2 of 17

3.3 Additional Consideration. (a) As additional rent, Lessee individually and in partnership with Project Impact, a Texas non-profit corporation, or with similar civic organizations, shall continuously provide during the term of this Lease and Program Agreement services and programs which will serve the Lake View community and the citizens of San Angelo by meeting the physical, emotional, and moral needs of service recipients and program participants. The operation of such services and programs shall be in compliance with all federal, State, and local law and regulations, and subject to the terms and conditions herein stated. As between the parties to this Agreement, the operation of such services and programs shall be the exclusive responsibility of Lessee.

(b) As additional rent Lessee shall, at Lessee’s expense complete certain improvements to the Leased Premises during the first three year term of this Lease Agreement to include those improvements as described on Exhibit B attached and made a part of this Lease agreement for all purposes.

4. USE OF LEASED PREMISES.

4.1 Use . Lessee shall use leased Premises only for activities associated with the provision of services and programs as described in Section 3.3 above.

4.2 Term ination. 4.2.1 If at any time the Leased Premises and any improvements thereon shall cease to

be used for the purpose specified in Section 3.3, or if the Leased Premises shall be deserted or vacated, or if Lessee defaults in performance of any other term or condition of this Lease Agreement, Lessor shall have the right to terminate this Lease Agreement by giving thirty (30) days written notice to Lessee during which time Lessee may cure the breach of the Lease Agreement and thereby avoid termination.

4.2.2 At any time after expiration of the first three year term of this Lease Agreement,

Lessor shall also have the right to terminate this Lease Agreement for any use deemed more appropriate by the City Council after written notice is given to Lessee and the elapse of ninety (90) days. If termination occurs under this provision, Lessee shall have the right to remove only those improvements placed by Lessee during the current term of this Lease Agreement, provided such improvements can be removed without damage to Lessor’s property, but in no event shall Lessor be required to reimburse Lessee for improvements which remain on the Premises or expenses incurred by Lessee in connection with removal of the improvements.

5. CONDITION OF LEASED PREMISES.

5.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS


THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

5.2 Im provements. It is agreed by the parties that Lessee, subject to the prior

approval of the City Council of the City of San Angelo, shall have the right from time to time at its sole cost and expense, to construct on the Leased Premises such buildings or structural improvements, and such structural alterations, additions, and changes therein as Lessee may deemed necessary or convenient for the purpose of conducting activities relating to the uses described herein.

5.3 Perm its. If Lessee constructs any building or improvement on the leased

property, Lessee shall comply with the terms of this Lease and Program Agreement, with the Building, Electrical, Mechanical, and Plumbing Codes of the City of San Angelo as adopted and amended by ordinance, with ordinances of the City of San Angelo, and with the laws of the State of Texas, so far as one or more of them may be applicable.

5.4 Maintenance . Lessee agrees, at Lessee’s expense, to keep and maintain any and

all structures in place, erected, or caused to be erected or placed on the Leased Premises in good and tenantable condition and appearance, and further agrees to keep said Premises in a neat, clean, and respectable condition by prompt removal of all trash, litter, debris, and junk, and will keep said Premises cleared of all objectionable matter.

5.5 Failure to Maintain. In the event Lessee shall fail to keep said Leased Premises

maintained as herein required, as determined in the sole discretion of Lessor, then the Lessor, after notice to Lessee of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the Premises to be cleaned, cleared, mowed, or repaired, and Lessee expressly agrees that the cost of any such cleaning, clearing, mowing, or repairing shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such work or repair is completed and notice of the amount due is given to Lessee, past due amounts to accrue interest at the rate of six (6) percent per annum until paid in full.

6. RESERVATIONS, LIMITATIONS AND CONDITIONS.

6.1 Reservations . Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas, and other mineral leases upon the Premises, valid right-of-way easements for gas, oil, or water pipelines, telephone, cable, electric pole transmission lines, or other utility lines on said Premises, or any part thereof, and in such event this Lease Agreement shall be subject and subordinate to the rights, terms and privileges of any such oil, gas, and other mineral lease or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns.


6.2 Easem ents. An easement across the Premises is hereby reserved and retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys, or other throughways.

6.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease and

Program Agreement, in whole or in part, without the written consent of Lessor.

6.4 No Encumbrances. Lessee shall not have the right to encumber the Leased Premises without first securing written consent from Lessor given by authority of the City Council of the City of San Angelo; provided however, this provision shall not prohibit Lessee from encumbering its personal property which may be removed from the realty without injury to the realty.

6.5 Lessor's Right to Enter. At all times during the term of the Lease Agreement,

Lessor or its agents shall have the right to enter said Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of its obligations hereunder in respect to all the terms and conditions of this Lease Agreement.

7. DEBTS RELATED TO LEASED PREMISES.

7.1 Taxes . Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this Lease Agreement may be levied on or assessed against the Leased Premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and LESSEE AGREES TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS. The provisions of this paragraph shall survive the expiration or termination of this agreement.

7.2 Incidental Charges. Lessee shall pay or cause to be paid all incidental charges,

including, but not limited to, permit fees incurred in connection with its operations and use of the Leased Premises.

7.3 Utilities . Lessee shall pay or cause to be paid all charges for water, sewer, gas,

electricity, telephone, trash pick-up, cable, and any and all other utilities or services used on the Leased Premises throughout the term of this Lease Agreement, including any connection fees.

8. COVERAGES .

8.1 INDEMNIFICATION AND INSURANCE.


See Exhibit “C” attached hereto and incorporated herein for all purposes.

9. SURRENDER OF PREMISES.

9.1 Restoration . Unless this Lease Agreement is terminated under Section 4.2, in which case the provisions of 4.2 apply, the Premises and any improvements and fixtures shall remain the property of Lessor. All improvements and fixtures restored to possession of Lessor, regardless of how this Lease Agreement is terminated, shall be in good condition (reasonable wear and tear, acts of nature, or casualties associated with civil disorders or military activities excepted).

9.2 Delivery . Lessee agrees to promptly and peacefully deliver possession of the

Leased Premises and improvements to Lessor upon termination of this Lease Agreement.

9.3 Abandoned Property. All items of personal property, remaining in or on the

Leased Premises after the expiration of sixty (60) days following the termination of this Lease Agreement shall be deemed abandoned by Lessee and shall become the property of Lessor.

10. MISCELLANEOUS .

10.1 Invalid or Illegal Provisions. If any clause or provision of this Lease and Program Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intent of the parties that the remainder of this Agreement shall not be affected. It is also the intent of the parties to this Agreement that in lieu of each clause or provision of this Agreement that is illegal, invalid, or unenforceable, there are added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible to be legal.

10.2 Terms of the Essence. IT IS UNDERSTOOD AND AGREED BETWEEN THE

PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE AGREEMENT. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NOT BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE AGREEMENT.

10.3 Rem edies.

10.3.1 Upon Termination. Any termination of this Agreement shall not relieve

Lessee from the payment of any sum or sums that then shall be due and payable to Lessor hereunder, or any claim for damages then or theretofore


accruing against Lessee hereunder, and any such sum or sums or claim for damages by any remedy provided by law, or from recovering damages from Lessee for any default thereunder. The provisions of this paragraph shall survive the expiration or termination of this agreement.

10.3.2 Cum ulative Remedies. All rights, options, and remedies of the parties

contained in this Lease and Program Agreement or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and either party shall have the right to pursue any one or all such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Agreement. No waiver by Lessor of a breach of any of the covenants, conditions, agreements, or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained.

10.3.3 Right of Prevailing Party. If any legal action is brought by either of the

parties hereto, it is expressly agreed that the prevailing party in such legal action shall be entitled to recover from the other party reasonable attorney's fees in addition to any other relief that may be awarded. For the purposes of this clause, the prevailing party is the party in whose favor final judgment is entered. In the event that declaratory or injunctive relief alone is granted, the court may determine which, if either, of the parties shall be considered to be the prevailing party. The amount of reasonable attorney's fees shall be determined by the court, in the trial of such action or in a separate action brought for that purpose. Attorney's fees awarded under the provisions of this paragraph shall be in addition to any other relief that may be awarded

10.4 Notices . Any notice required or permitted to be given to a party under this Agreement,

shall be in writing and shall be deemed given (i) on the day it is delivered personally (with receipt); or (ii) the day after it is deposited with a nationally recognized courier service for next-day delivery; or (iii) three (3) days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested, addressed as follows:

If to Lessor: City of San Angelo

P.O. Box 1751 San Angelo, Texas 76902 Attn: City Manager

If to Lessee: PaulAnn Baptist Church

2531 Smith Blvd. San Angelo, Texas 76905 Attention:

10.5 Am endments. No modification of this Lease Agreement shall be binding unless it be in


writing and executed in due form by all of the parties hereto. 10.6 Easements and Restrictions. Lessee takes this Lease and Program Agreement and the

Leased Premises subject to all recorded easements and restrictions affecting the occupation and use thereof, and subject to all statutes, ordinances, and regulations of competent governmental authority affecting the occupancy and use thereof, and the construction and maintenance of improvements thereof.

10.7 Relationship of Lessor and Lessee. The relationship between Lessor and Lessee at all

times shall remain solely that of Landlord and Tenant and shall not be deemed a partnership or joint venture.

10.8 Headings . The paragraph headings contained herein are for convenience and reference

and are not intended to define, extend, or limit the scope of any provisions of this Lease Agreement.

10.9 Interpretation/Venue . This Agreement shall be construed in accordance with the laws of

the State of Texas, and all obligations of the parties created hereunder are performable in Tom Green County, Texas.

10.10 Anti-Discrim ination. Lessee agrees that it will not violate any federal, state, civil rights,

or discrimination laws. A finding of violation of any such laws by a trial court or appropriate state or federal agency is a material breach of this Agreement which may result in the termination of the Agreement or such other remedy as Lessor may deem appropriate.

10.11 Compliance with ADA. Lessee agrees to make any and all displays, events, or activities

on Leased Premises accessible to individuals with disabilities in compliance with the Americans with Disabilities Act. Lessee further agrees to provide participants with necessary impairment aids.

10.12 Hold Over. It is distinctly understood and agreed by and between Lessor and Lessee that

any holding over by Lessee of the herein demised Premises after the expiration of this Lease Agreement shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.

10.13 Entire Agreement. The Lease Agreement constitutes the entire agreement between the

parties hereto, and Lessor is not bound by any agreement, stipulation, or representation made by any agent, employee, or official of Lessor.

EXECUTED in duplicate originals on this the _____ day of _______________, 2011.

LESSOR CITY OF SAN ANGELO, Texas

By: __________________________________


ATTEST: Harold M. Dominguez, City Manager _____________________________ Alicia Ramirez, City Clerk THE STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the ______ day of _______________, 2010, by Harold M. Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation on behalf of said corporation.

___________________________________ Notary Public, State of Texas

LESSEE PAULANN BAPTIST CHURCH

___________________________________ By: ITS:

THE STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the ______ day of _______________, 2010, by , its of PaulAnn Baptist Church., a Texas not for profit corporation, on behalf of said corporation.

___________________________________ Notary Public, State of Texas

APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Director of Parks & Rec. Dan T. Saluri, Sr. Asst. City Atty.


EXHIBIT A

LEASE AND PROGRAM AGREEMENT

NORTHSIDE RECREATION CENTER DESCRIPTION AND MAP

Northside Recreation Center is located at 2722 N. Magdalen Street, City of San Angelo, Tom Green County, State of Texas. The Recreation Center is located in Northeast side of Lake View Park. It is bordered by Magdalen St to the West and Pecan St to the East. The facility has parking for 30 vehicles and 5 handicapped spaces. Lessor is responsible for the area within the retaining walls, the entrance drive up driveway to Center and the area to the North and to the east of the Center The Center is a 7,700 square feet facility, with a gym (working scoreboard and bleachers), bathrooms w/showers, two meeting rooms downstairs, two meeting rooms upstairs, kitchen area, no stove, small office, storage room, and no HVAC in the gym.


EXHIBIT B

EXHIBIT B

LESSEE’S IMPROVEMENTS Lessee agrees to make the below listed improvements to the Premises, as defined in Par. 1.1 of the Lease and Program Agreement. The listed improvements are accepted by Lessor as additional rent as stated in Par. 3.03(b) of the Lease and Program Agreement. Lessee agrees to complete the following improvements:

1) Air Conditioning System to cool the gymnasium on the Premises; 2) Interior Paint, to be completed prior to the end of the first year following the

effective date of the Lease and Program Agreement; AND, 3) Exterior Paint, to be completed prior to the end of the contract period of the Lease

and Program Agreement.


EXHIBIT C

INSURANCE REQUIREMENTS

1 INDEMNIFICATION .

1.1 GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO

INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

1.2 ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO

INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS


OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.

.1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED

FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS CONTRACT.

.1.4 RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN

THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.

1.5 APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION

PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS CONTRACT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED, MANAGED OR MONITORED.

2 Insurance.


2.1General Conditions. The following conditions shall apply to all insurance policies

obtained by Contractor for the purpose of complying with this Contract.

2.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

2.1.2 Named Insureds. All insurance policies required herein shall be

drawn in the name of Contractor, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage.

2.1.3 Waiver of Subrogation. Contractor shall require its insurance

carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. IT IS THE INTENT OF THE PARTIES THAT WAIVER OF SUBROGATION RIGHTS BE MUTUAL. CITY SELF INSURES AND WITH RESPECT THERETO WAIVES ALL RIGHTS OF SUBROGATION AGAINST LESSEE.

2.1.4 Certificates of Insurance. At or before the time of execution of this

Contract, Contractor shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than TEN (10) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Contractor and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76902.

2.1.5 Contractor’s Liability. The procurement of such policy of insurance

shall not be construed to be a limitation upon Contractor’s liability or as a full performance on its part of the indemnification provisions of this Contract. Contractor’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or


upon the premises. Failure of Contractor to maintain adequate coverage shall not relieve Contractor of any contractual responsibility or obligation.

2.1.6 Sub-Contractors’ Insurance. Contractor shall cause each Sub-

Contractor and Sub-Sub-Contractor of Contractor to purchase and maintain insurance of the types and in the amounts specified below. Contractor shall require Subcontractors and Sub-subcontractors to furnish copies of certificates of insurance to Contractor’s Risk Manager evidencing coverage for each Sub-Contractor and Sub-Sub-Contractor.

2.2 Types and Amounts of Insurance Required. Contractor shall obtain and

continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense, insurance coverages as follows with limits not less than those set forth below:

..TYPES OF COVERAGES - Choose as many as applicable and specify limits of liability..

2.2.1 Commercial General Liability. This policy shall be an occurrence-type policy and shall protect the Contractor and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Contractor’s employees) and damage to property of the City or others arising out of the act or omission of the Contractor or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Contractor under the paragraph of this Contract entitled “Indemnification,” including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than:

$ 2,000,000.00 General Aggregate $ 1,000,000.00 Products- Completed Operations $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire)

2.2.2 Business Automobile Liability. This policy shall be written in

comprehensive form and shall protect Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:


$ 500,000.00 Combined Single Limit or $ 250,000.00 Per person $ 500,000.00 Per Occurrence $ 100,000.00 Property Damage

2.2.3 Workers’ Compensation and Employer’s Liability. If Contractor

hires any employees, Contractor shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall protect the Contractor against all claims under applicable state workers’ compensation laws and employer’s liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall not be less than:

Statutory Amount Workers’ Compensation $ 100,000.00 Employer’s Liability, Each Accident $ 100,000.00 Employer’s Liability, Disease – Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit

The foregoing requirement will not be applicable if, and so long as, Contractor qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation program in Texas and furnishes evidence of such qualification to Lessor in accordance with the notice provisions of this Contract. If Contractor uses contract labor, Contractor shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.

2.2.4. Builders Risk. This policy shall be an all risk type of insurance

covering work performed under this instrument and materials, equipment or other items to be incorporated into the building, while the same are located at the construction site, stored off site or stored at the place of manufacture. The policy shall cover, at a minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of work. Coverage shall not be less than:

.....Amount of this is usually the value of the building... $_Required and the amount to be established if and when Lessee constructs improvements under the foregoing provisions of this lease.___ Completed Value


2.2.5 Professional Liability. This insurance shall include contractual liability in its coverage, and the coverage under this policy shall survive the term of this Contract as long as any liability could be asserted. Coverage shall not be less than:

$ - Not Required -

2.2.6 Um brella Liability. This insurance shall be an occurrence-type policy

and shall protect Contractor and additional insureds against all claims in excess of the limits provided under all the primary insurance policies. Coverage shall not be less than:

$___Not Required_______ Combined Single Limit

2.2.7 Liquor Liability. This insurance shall be in comprehensive form and

shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Contractor’s employees) or damage to the property of others, which arises out of the sale or distribution of alcoholic beverages. Coverage shall not be less than:

$__Not Required_________ Combined Single Limit, each

occurrence

2.2.8 Environm ental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than:

$ Not Required Per loss $ Not Required Annual aggregate

2.2.9 Commercial Property Insurance. This insurance shall be an all-risk,

replacement cost, commercial property insurance equal to the value of all buildings on the Premises. It shall be maintained by Contractor


as long as Contractor owns such building(s). Not Required “CITY” can also be known as “Lessor” “CONTRACTOR” can also be known as “Lessee” “CONTRACT” can also be known as “Agreement” or “Lease” or “Lease and Program Agreem ent” “PREMISES” can also be known as “Leased Premises”

Indicates required coverage

City of San Angelo






Caption: Consent Agenda: Consideration of the City of San A ngelo as the designated political subdivision for the Region F Water Planning Group

Summary: The Texas Water Development Board is responsible for development of the state water plan and this is accomplished through the regional water planning process. Each region is charged with developing a plan that identifies the water needs in the region and options to meet those needs. To a ccomplish the plan ning work, a po litical subdivision withi n th e region i s d esignated to be responsible for the administrative and contracting requirements of the planning group. History: San Ang elo i s lo cated in the Region F Wate r Pla nning a rea an d ha s b een an active participant and supporter in regional water planning since it began in 1998.

Financial Impact: Administrative expenses such as m eeting notices, copy costs or supplies are eligible for reimbursement. Personnel costs are non-reimbursable by the state. Related Vision Item (if applicable): Long Term Water Supply Other Info rmation/Recommendation: The Te xas Water Development B oard p rovides the region with funding for consulting services needed to de velop the Regional plan. T he City wo uld be responsible for administering the cont ract with the consultant, receiving the funds from the state, and making payments under the contract. It is re commended the City be th e designated political subdivision for the Region F Wate r Planning Group and that the City Man ager or his de signee be a uthorized to ex ecute co ntracts or othe r documents for Region F and provide associated administrative services to the planning group. Attachments: None. Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 16, 2011.

City of San Angelo



From: Shawn Lewis, Director of Community & Economic Development


Contact: Shawn Lewis, Bob Schneeman or Lysia Bowling—657-4210 or 657-4407


Consideration of matters relating to the following City of San Angelo Development Corporation contracts:

A. A resolution by the City of San Angelo City Council approving an economic development and grant agreement by and between the City of San Angelo Development Co rporation (COSADC) and th e Con cho Val ley Center f or Entrepreneurial De velopment ( CVCED) mak ing pr ovision for a gr ant fr om COSADC to CV CED fo r op eration of econ omic development programs including the sma ll bus iness inc ubator and acce lerator pr ogram an d th e Enterprise San Angelo business plan competition.

B. A resolution by the City of San Angelo City Cou ncil approving a co ntract by and bet ween the City of San Angel o Development Corporation (COSADC) and the San Angelo Chamber of Commerce making provision for a marketing and recruitment program to be conducted by th e Chamber of Commerce for purposes of promoting the City of San Angelo as a prime location for industry and service sector p rimary job g rowth a nd i nvestment fost ering e conomic development.

C. A resolution by the City of San Angelo City Council approving an amendment to contact between the City of City of San Angelo Development Corporation (COSADC) a nd Downtown San An gelo, Inc. (DSA) t o provide for future relocation of DSA to the planned Business Resource Center.

D. A re solution by the City of San An gelo City Co uncil auth orizing t he Cit y Manager to n egotiate and exe cute a contract with th e City of Sa n Angel o Development Corporation (COSADC) for the p rovision of Neighborhood and Family Services Department administrative services by use of city personnel and for reimbursement therefore to City from the San Angelo Development Corporation, and ratifying said contract.

E. A re solution by the City o f San A ngelo City Council aut horizing t he City Manager to negotiate and execute a contract with th e City of S an Ang elo Development Co rporation (COSA DC) for th e p rovision of ad ministrative services fo r COSADC by use of city person nel and fo r reim bursement therefore to city from the San Angelo development corporation, and approving said contract.

Summary: In January, the City of San Angelo Development Corporation approved five annual

contracts for services provided for various components of economic development. The requested action will ratify the agreements and authorize the City Manager to finalize and sign the agreements as needed.

History: The followi ng organi zations provid e the following services to COSADC for t he dollar amounts shown below:

Resolution and Concho Valley Center for Entrepreneurial Development

For business incubation $30,000 Resolution and San Angelo Chamber of Commerce marketing & recruitment $225,000 Resolution and Downtown San Angelo, Inc. Amendment to existing agreement For downtown revitalization $75,000 per year Resolution and City of San Ang elo Nei ghborhood & F amily Suppo rt Department For affordable housing program $10,000 Resolution and City of San Angelo For financial, legal, clerical and staff support $294,384.17

Financial Impact: The total cost of the annual contracts is $634,384.17 paid for by budgeted funds of the development corporation.

Related Vision Item

(if applicable):

Other Information/ Recommendation:

Staff recommends approval of the resolutions

Attachments: Five contracts and resolutions

Presentation: N/A

Publication: N/A


Shawn Lewis, March 17, 2011

Approved by Legal: Dan Saluri, March 17, 2011

A RESOL UTION BY THE CITY OF SAN ANGEL O CITY COUNCIL APPROVING A CONTRACT B Y AND B ETWEEN THE CITY OF SAN ANGELO DEVELOP MENT CORPORATION (COSADC) AND THE SAN ANGELO CHAMBER OF COM MERCE MAKING PR OVISION FOR A MARKETING AND RE CRUITMENT PROGRAM TO BE CONDUCT ED BY THE CHAMBER OF COMMERCE FOR PURPOSES OF PROMOTING THE CITY OF SAN ANGE LO AS A P RIME LOCATION FOR INDUST RY AND SERVICE SECTOR PRIMARY JOB GROW TH AND INVESTMENT FOSTERING ECONOMIC DEVELOPMENT.

WHEREAS, COSADC is autho rized pursuan t to the Texas Developm ent Corporation Act to contract with another private corporation to assist with the development or operation of an economic development program or objective consis tent with the purposes and duties specified under the Act; and, WHEREAS, COSADC recognizes the value of an economic development marketing program designed to attract new businesses and aid existing businesses in the City of San Angelo and Tom Green County; and WHEREAS, the San Angelo Cham ber of Co mmerce, through its E conomic Developm ent Department has operated such a program on a full time basis since 1991; and WHEREAS, COSADC d esires to support an econom ic development promotion program to support its own efforts to fund economic development projects; and WHEREAS, COSADC has iden tified specific goals and action item s designed to strengthen and expand the business climate and economic viability of San Angelo; and WHEREAS, COSADC has determined that a contract between COSADC and the San Angelo Chamber of Comm erce will allow C OSADC to effect ively a nd ef ficiently m eet its o bjectives of providing incentives and assistance to new and expanding companies, NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the City of San Angelo hereby approves the “Contract Between the City of San Angelo Econom ic Developm ent Corporation and the S an Angelo Cha mber of Commerce for the Provision of Marketing Services”, dated December 15, 2010, and providing

for the operation of an econom ic development marketing program by t he San Angelo Cham ber of Commerce.

PASSED and APPROVED THIS DAY OF , 2011.

CITY OF SAN ANGELO, TEXAS

ATTEST: Alvin New, Mayor

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM

J. Shawn Lewis, Comm. and Economic Lysia H. Bowling, City Attorney

Development Director

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL APPROVING AN ECONOMIC DEVELOPMENT AND GRANT AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGEL O DEVELOPMENT CORPORATION (COSADC) AND THE CONCHO VALLEY CENTER FOR E NTREPRENURIAL DEVELOPMENT (CVCED) MAKING PROVISION FOR A GR ANT FROM COSADC TO CVCED FOR OPERATION OF ECONOMIC DEVELOPMENT PROGRAMS INCLUDING THE SMALL BU SINESS INC UBATOR AND ACCELERATOR PROGRAM AND THE ENTERPRISE SAN ANGELO BUSINESS PLAN COMPETITION.

WHEREAS, COSADC is authorized pursuant to t he Texas Developm ent Corporation A ct to contract with another pri vate corporation to assist with the development or operation of an economi c development program or objective consistent with the purposes and duties specified under the Act; and, WHEREAS, CVCED operates a S mall Business I ncubator and Acc elerator Progra m in Sa n Angelo, Texas; which pro gram is beneficial to COSADC’S econom ic developm ent and div ersification program; and, WHEREAS, CVCED conducts an Annual Business Plan Competition, which competition is beneficial to COSADC’S economic development and diversification program; and WHEREAS, COSADC would like CVCED to continue operation of the Small Business Incubator and Accelerator Program and Annual Busi ness Plan Com petition, and has heretof ore en tered int o an Economic Development Grant Agreement with CVCED, as a mended, for the operation of the described programs and competition NOW, THE REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the C ity of San An gelo hereby approves the Economic Development Grant Agreement by and between the COSADC and CVCED, dated December 30, 2010, an d providing for the operation of community development programs by CVCE D, including the Sm all Business Incubator and Accelerator Program and the Annual Business Plan Competition.






J. Shawn Lewis, Comm. and Economic Lysia H. Bowling, City Attorney Development Director

A RESOLUTION BY T HE SAN ANGELO CITY COUNCIL APPROVING AN AMENDMENT TO CONTACT BETW EEN T HE CITY OF SAN ANGEL O DEVELOPMENT CORPORATION (COSADC) AND DOW NTOWN SAN ANGELO, INC. (DSA) TO PROVIDE FOR F UTURE RE LOCATION OF DSA TO THE PLANNED BUSINESS RESOURCE CENTER.

WHEREAS, COSADC and DSA entered into a Contract pursuant to which DSA provides services in support of the preservation and economic revitalization of downtown San Angelo, which contract is for a five (5) year term commencing on October 1, 2009 through September 30, 2014; WHEREAS, DSA is required to furnish all necessary facilities to perform services under the Contract; WHEREAS, COSADC and DSA desire to amend the Contract to require DSA to relocate to the planned Business Resource Center (“BRC”) upon its completion during the term of Contract for purposes of f acilitating fu lfillment of the mutual economic development goals of COSADC and DSA; NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Council for the City of San Angelo hereby approves the Am endment to Contract between COSADC and DSA, dated December 15, 2010, to provide for future relocation of DSA on a full time, part time or as needed basis to the planned Business Resource Center.







of 2

AMENDMENT TO CONTRACT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION

AND DOWNTOWN SAN ANGELO, INC. FOR REIMBURSEMENT OF PAYMENT FOR SERVICES

This Amendment is made and entered into this the ____ day of ___________, 20___, between the CITY OF SAN ANGELO DEVELOPMENT CORPORATION (“COSADC”), a Texas non-profit corporation and DOWNTOWN SAN ANGELO, INC. (“PROVIDER”), a Texas non-profit corporation. WHEREAS, COSADC and Provider originally executed a Contract for Reimbursement of Payment for Services provided by Provider for the Main Street Program revitalization on April 14, 2010 (“Contract”), copy of which is attached to this Amendment as Exhibit “A”, attached herein as for reference; and WHEREAS, Contract is for a five (5) year term commencing on October 1, 2009 through September 30, 2014; WHEREAS, Provider is required to furnish all necessary facilities to perform services under Contract; WHEREAS, COSADC and Provider now desire to execute an amendment to Contract to require Provider to relocate to the planned Business Resource Center (“BRC”) upon its completion during the term of Contract; and WHEREAS, all of the terms and conditions of Contract shall be in full force and effect unless amended and changed by this Amended Contract; and NOW THEREFORE, COSADC and DSA agree as follows:

Contract shall be amended as follows:

TERMS, SCOPE OF SERVICE, Section 3 shall read as follows: 3. DSA shall provide all necessary facilities with the following exception. If the

Business Resource Center (BRC) is completed during the term of this contract, Downtown San Angelo, Inc. will occupy a designated portion of the space on a part time or as needed basis or until such time as both parties mutually agree that a more permanent presence is needed.

of 2

IN WITNESS WHEREOF, the parties hereto have made and executed in duplicate this Amended to Contract this ____ day of , 20___. OWNER: PROVIDER: CITY OF SAN ANGELO DOWNTOWN SAN ANGELO, INC. DEVELOPMENT CORPORATION By:__________________________ By:___________________________ Larry Teague, President ATTEST: ATTEST:

By: _______________________ By: ____________________________

Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ ____________________________ J. Shawn Lewis Lysia H. Bowling Community & Economic Development Director City Attorney

A RESOL UTION BY THE CITY OF SAN ANGEL O CITY COUNCIL AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXE CUTE A CONTRACT W ITH THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) FOR THE PROVISION OF NEIGHBORHOOD AND FAMILY SERVICES DEPARTMENT ADMINISTRATIVE SERVICES BY USE OF CITY PERSONNEL AND FOR REIMBURSEMENT THEREFORE TO CITY FROM THE SAN ANGEL O DEVELOPMENT CORPORATION, AND RATIFYING SAID CONTRACT.

WHEREAS, pursuant to City of San Angelo Code of Or dinances, Section 2.3605, COSADC shall contract with the City for the provision of administrative services; and, WHEREAS, pursuant to Texas Local Government Code, Section 380.001(b) (1), the City is authorized to adm inister econom ic developm ent program s through COSADC by use of m unicipal personnel; and,

WHEREAS, COSADC and City agr ee it is to th eir m utual b enefit, and the benefit of the

citizens of San Angelo, for COSA DC to contract for the provi sion of developm ent services department administrative services by use of municipal personnel and for COSADC to reimburse City for the payment of such services; NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to negotiate and execute a contract between the City and COSADC for the provision of Ne ighborhood and Fa mily Services Departm ent administrative services by use of City personnel and for reimbursem ent therefore to City from COSADC; and, the City Council does hereby ratify said contract.







CONTRACT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND THE CITY OF SAN ANGELO FOR REIMBURSEMENT OF NEIGHBORHOOD

AND FAMILY SERVICES DEPARTMENT ADMINISTRATIVE SERVICES This contract for reimbursement for the provision of adm inistrative services (“CONTRACT”) is entered into this _____ day of ____________, 201__ (the “effective date”) by and between the City of Sa n Angelo Developm ent Corporation (“COSADC”), a Texas non-profit corporation, and the City of San Angelo (“PROVIDER”), Texas Municipal Corporation. WHEREAS, pursuant to City of San Angelo Code of Ordi nances, Section 2.3605, COSADC is authorized by law to contract wi th Provider for the provision of adm inistrative services; WHEREAS, pursuant to Texas Local Government Code, Section 380.001(b)(1), the City is authorized to adm inister econom ic developm ent program s through COSADC by use of municipal personnel;

WHEREAS, COSADC and Provider agree it is to their mutual benefit, and the benefit of the citizens, for COSADC to c ontract for the provision of Ne ighborhood and Fam ily Services Department administrative services by use of m unicipal personnel and to reimburse Provider for the payment of such services;

NOW, THEREFORE, in consideration of the m utual promises and covenants set forth herein, and other good and valuable considera tion the receipt and suffi ciency of which are hereby acknowledged, COSADC and Providers agree as follows: Article 1. Term The term of this Contract shall be for one (1) year, from October 1, 2010 to September 30, 2011, unless either Party terminates this Contract in accordance with Article 6 herein. Article 2. Scope of Services Provider will provide its m unicipal em ployees to perform services for COSADC under this Contract, to wit; Prov ider agrees that Provider’s Directo r of Neighborhood and Family Services Department and Home Invest ment Partnership Program Coordinator (HOME Program Coordinator) will adm inister COSADC’s authorized projects by perform ing the services for COSADC, as set out in Exhibit “A” attached and incorporated as if fully set forth herein. Article 3. Compensation

A. COSADC agrees to reimburse Provider for th e services of the Di rector of Neighborhood and Family Services Department and HOME Program Coordinator pursuant to Article 2 above, as follows: $10,000.00 (Ten Thousand Dollars and 00/100) to be paid in two (2) equal payments of up to $5,000 (Five Thousa nd Dollars and 00/100) on or about March 31, 2011 and September 30, 2011.

B. The amount COSADC is required to reimburse provider shall not exceed the actual cost for such services.

Article 4. Use of Funds It is expressly understood and agreed by COSADC and Provider that all funds received from COSADC by Provider shall be used solely for the purposes set out in Article 2. Article 5. Employees All persons referenced herein to furnish services hereunder are employees of Provider. Article 6. Termination It is understood and agreed that either party may terminate this Contract by giving the other party notice in wr iting of said term ination thirty (30) da ys pr ior to term ination. If th is Contract is terminated by either party pursuant to the te rms of this provision, COSADC shall pay Provider for all services rendered up to the date of termination. Article 7. Assignment This Contract is not subject to assignment without prior written consent of the other party.

EXECUTED in duplicate originals this day of ____________, 2011.

CITY OF SAN ANGELO DEVELOPMENT CORPORATION By: Tommy Hiebert, President ATTEST: Alicia Ramirez, Secretary

CITY OF SAN ANGELO By: Harold Dominguez, City Manager ATTEST: Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ ______________________________ Robert Salas Lysia H. Bowling Neighborhood and Family Services Director City Attorney

EXHIBIT “A”

1. Services provided by the Director of Neighborhood & Fam ily Services Department and HOME Program Coordinator of the Community & Housing Support Division include but are not limited to: I. Existing Services

The City C ommunity & Housing Support (C HS) Division provides client intake and processing t o determ ine eligibility , facilita tion of sales c ontract, purchasing of land, monitoring of ongoing construction, managing and tracking of financial and household data, and provides assistance to banks and title companies in preparation for closing proceedings. CHS staff provides overall management and oversight of the program from start to finish and ensures that the client is involved throughout the process.

II. Proposal of Services for Fiscal Year 2010-2011

The City CHS Division proposes to continue its existing services to COSADC by adopting the following goals and measurements:

1. Management oversight (Division Ma nager a nd HOME Program Coordin ator): Meetings with citizen groups, ba nkers, staff; prepare for and attend COSADC meetings, prepare program correspondence, maintain and file documents (42 hrs).

2. Client intake (HOME Program Coordinator): Assisting client with initial application and filling out all other forms necessary to verify eligibility (60 hrs).

3. Application Processing (HOME Prog ram Coordinator): Prepare and send out all third part y forms to employers, banks, etc to det ermine client eligibility. Calculation of income as well as research to determine that the client meets all other eligibility criteria (140 hrs).

4. Facilitation of Program (HOME Program Coordinator and Housing Inspector): Assist client with bank approval, eligible lot loca tions, la nd purchase, m eeting with builder, contract signing and quality assurance inspections (280hrs).

5. Closings (HOME Program Coordinator): Gather and review all docum ents neces sary to facilitate clo sing which include but are not li mited to HUD-1s, surveys, contracts, t itle commitments, appraisals, bank notes and deed of trusts (60 hrs). Prepare closing documents for Affordable Housing Program (40 hrs). The CHS Division has b een allocated $10,00 0 to provide management and oversight of the Affordable Housing Program. The allocation is not budgeted by line item but is justified by hours worked by CHS staff at the hourly rate of pay plus benefits. It takes CHS staff approximately 622 hours to m anage the Affordable Housing Program which equals $18,948 And inclusion of the following service in the City Services Contract:

Line Item Relation to Service Justification Cost Payroll & overhead Program Management 622 hours $10,000 The request of $10,000 per year is based on the amount of time spent on providing COSADC Program Management of th e Afford able Hou sing Prog ram. Th is is ap proximately $ 8,948 less th an th e an ticipated cost fo r th e 2 010-20112009-2010 fiscal year.

A RESOL UTION BY THE CITY OF SAN ANGEL O CITY COUNCIL AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXE CUTE A CONTRACT W ITH THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) FOR THE PROVISION OF ADMINISTRATIVE SERVICES FOR COS ADC B Y USE OF C ITY PERSONNEL AND FOR REIMBURSEMENT THEREFORE TO CITY FROM THE COSADC, AND APPROVING SAID CONTRACT.

WHEREAS, pursuant to City of San Angelo Code of Or dinances, Section 2.3605, COSADC is authorized by law to contract with Provider for the provision of administrative services; WHEREAS, pursuant to Texas Local Governm ent Code, Section 380.001(b) (1), the C ity is authorized to adm inister econom ic developm ent program s through COSADC by use of m unicipal personnel;

WHEREAS, COSADC and City agr ee it is to th eir m utual b enefit, and the benefit of the citizens of S an Angelo, for COSADC t o cont ract for the provi sion of admi nistrative servi ces for COSADC by use of municipal personnel and to reimburse City for the payment of such services; NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to negotiate and execute a contract between the City and COSADC for the provision of adm inistrative servi ces for CO SADC by use of City personnel and for reimbursem ent therefore to City from COSADC; and, the City Council does hereby approve said contract.







City of San Angelo


To: Mayor and City Council Members From: Shelly Parr, Planner

Subject: agenda item for consideration on March 1, 2011 and, possib ly, on

March 22, 2011, s pecifically a mending a previously approved Planned Development District (PD 07-01) allowing additional time for a single manufactured (mobile) home to remain on the subject property

Location: 20+ acres bordering the west side of South Chadbourne Street and

situated within 1,000 feet of the S outh Concho River in southern S an Angelo

Contacts: Shelly Parr, Planner and

AJ Fawver, Planning Manager 657-4210

Captions: PD 07-01 (2nd Amendment): Concho River RV Resort

AN ORDINANCE AM ENDING CHAPT ER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CH APTER 1 2 ADOPTS ZONIN G REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICA TION OF THE FOLLOWIN G PROPERTY, TO WIT: 20+ acres bordering the west side of South Chadbourne Street and situa ted w ithin 1,000 fee t of the South Concho River in southern San Angelo, a mending a previous ly approved Planned Development District (PD 07-01) allow ing additional time for a single manufactured (mobile ) home to remain on the subjec t property; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The applic ant is requesting an am endment to a Planned Dev elopment (PD) District to allow additional time for a single manufactured (mobile) home to remain on the subject property.

History and Background:

On March 6 th of 2007 the City Council ap proved this Pla nned Development District, which encompassed approximately 20.8 acres, for a Recreational Vehicle Park. The subject property in 2007 included two separate co mponents, separated b y a 200-foo t wide easement for electric power transmission:

The southeast segment includes 14 .199 acres on a 500- to 600-foot wide strip of City-owned land bordering t he South Concho River. This acre age is p lanned to inclu de 60 sites for re creational v ehicle occu pancy, on approximate ly half of this southea st segment’s 14.199 acre s. Each such site is planned to have hood-ups available for electric power, potable water service and wastewater disposal.

The northwest segment included 6.608 acres of privately-owned land.

In March of 2007 the City Council approved each of the following:

one (1) building for use as an office and accessory apartment for on-site management; two (2) buildings for restroom, bathing and/or laundry facilities; two (2) tourist cabins; a swimming pool and other outdoor recreation (playground) equipment; parking spaces (approximately 20 of them) for automobiles; parking spaces for horse trailers; parking spaces for short-term (not overnight) occupancy by recreational vehicles, without

utility hook-ups; stalls for stabling horses, which may or may not be enclosed by a building; and a paddock (fenced-in area) for exercising horses.

On April 1 st of 2008 th e City Council approved an amend ment to this Planned Development District which encompassed appro ximately 20.8 acres for a Recreational Vehicle Park. This existing manufactured home is not illustrated on the graphi c concept plan that was provided to staff. This amendment included the addition of a manufactured home planned to be occupied by the owners of the property, subject to the following conditions:

1. If the RV pa rk site is not fully de veloped within 3 years follo wing final approval (on April 1, 2008) of this amendment of the PDD (allowing placement of a man ufactured home), then allowance for th is manufactured home sha ll be considered null an d void, and the manufactured home shall be removed at the owner’s expense.

2. In order to maintain se clusion, no trees or bru sh shall be cleared in a 50-foot ar ea surrounding the manufa ctured home, except th at which is necessary for placement of the home, driveways, etc.

3. The driveway leading to the manufactured hom e location shall be configured in su ch a

way to acco mmodate a curve which does not allow visibility from the (p rincipal access drive) in the RV park to the manufactured home. The driveway leading to the location of this manufactured home, as wall a s any accessory parking spaces specifically intended for that home, may be c omposed of an all-weather surface (e.g., compacted calich e or gravel) instead of a paved surface.

4. The specific location for placement of this manufactured h ome shall be as generally

indicated on the accompanying site plan for development for this RV park.

The applicant is now requesting to amendment this Planned Development (PD) District to allow additional time for a single manufactured (mobile) home to remain on the subject property.

Analysis: A Planned Development (PD) Dist rict is one in which the specific mix of allowed uses may be tailor-made to meet unique demands of the s ubject prop erty and so me particular planned development. A graphic “concept p lan” guides t he future subdivision and use of lan d in each Planned Development District. This concept plan was provided in 2008 for the pla cement of this manufactured home. Maps of fut ure land u se made a p art of San Angelo’s Comprehensive Plan indicate that the subject pro perty and it s surroundings to be best-suited f or open space and neighborhood. That preference is ref lected in the Ranch & Esta te (R&E) zoning of this subject property and the surrounding area. The R&E z oning classification is t he least-int ensive, most restrictive zoning classification in San Angelo. However, San Angelo’s zoning ordinance also suggests th at recreatio nal vehicle parks are often appropriate in R&E Districts. Recreational vehicle parks and the vacationers which use them can reasonably be integrated with and, thus, take advantage of such open space and its inherent scenic virtues. Due to its proximity to the South Concho River, the subject property and its surroundings re present an enclave of scenic op en space in an other wise urban environment. Financial Impact: not applicable Related Vision Item: examine p arkland de dication a s resident ial development

requirement Notification: City staff mailed 2 notifications to all owners of property within the subj ect area (of proposed amendment) and within 200 feet of that area, formally informing them of the proposed amendment. City staff has since received 0 written comments in favor, and 0 written comments in opposition. Recommendation: The Planning Commission and Cit y staff recommend s approving this proposed amendment this Planned De velopment (PD) District to allow additional t ime (5 years from the final approval, on March 22, 2011) for a single manufactured (mobile) home to remain on the subj ect property. The Plan ning Commission’s recommendation for approval was unanimous. Attachments: two graphics (a map and an aer ial photo) showing the

requested amendment, and its surroundings; and excerpt from meeting minut e record of Planning Commission

meeting on February 21, 2011, and;

a draft ordinance. Presentation: AJ Fawver, Planning Manager and Powerpoint Publication: A legal notice will be published in the San Angelo Standard-

Times on Friday, February 25, 2011 Reviewed by: AJ Fawver, Planning Manager (02/22/11)

MINUTE RECORD OF THE CI TY OF SAN ANGELO PLANNI NG COMMISSI ON MEE TING HELD ON MONDAY, FEBRUARY 21, 2011, AT 9:00 A.M. IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Brad Fly, Sam Tambunga, Bill Lawrence, David Eaton and Ben Jenkins

ABSENT: Daniel Anderson (AU), Randal Coleman (AU)

STAFF: AJ Fawver, Planning Manager

Shelly Parr, Planner Bradley Stone, Principal Planner

Rashad Jackson, Planner Al Torres, Building Official

I. Call to order and establish that a quorum is present. The meeting was called to order at 9:00 a.m. by Chairman David Eaton, and it was determined that a quorum was present. V. Request for amen dment to a Planned Development Dis trict. [Plannin g Co mmission makes recommendation; City Council has final authority for approval.]

PD 07-01 (2nd Amendment): Concho River RV Resort amendment to a Planned Development (PD) District intended for a recreatio nal vehicle park w ith t ourist cabins and horse boarding, specificall y to allow addition al time for a single manufactured (mobile) home to remain on the subject property, as follows: 20+ acres bordering the west side of So uth Chadbourne Street and situated within 1,000 feet of the Sout h Concho River in southern San Angelo

Mrs. Shelly P arr came forward to p resent the req uest, consistent with staff’s recommendation for approval for this item. 2 notifications were sent out, and no notifications were returned. S ome history of the project was given. In March of 2007, the Planning Commission approved the initial Planned Development District, which is intended for development of an RV park with many accessory uses, including but not limited to parking, stables, lodging, and restroom facilities. In Ap ril of 2008, this PD wa s amended to al low a manufactured home to be placed on the property, with certain conditions. Shortly thereafter, this home was placed on-site. The approval for this home included a condition that it be removed three years later, or by A pril of 2 011. T his requested amendment would allow this home to remain until April 2020. The proponents are still looking to fulfill the initial concept, but the economy and other issues have pushed that back for the time being. The Chairman stated that he felt the time should be shortened and that another request could be brought back to the Commission in the future; that way, there is some incentive to move forward with the project. Mrs. Parr re minded the Co mmission that the un derlying Ran ch & Estate (R& E) zo ning wo uld also allow development of conventional single-family residences on lots of 1 acre or more. Carrie Maier came forward to speak in favor of this request. She explained that she lives in the home, and that they did not intend to stay there long-term. Regardless of the st ate of the RV p roject, they planned to build a single-family residence and occupy it in the future. She spoke personally with neighbors that indicated that they did not have any opposition to the extension. She suggested an auto-renewal be done on the approval. Bill Lawrence talked about the difficu lty of pl anning out where the home would go this preliminarily and suggested they give the extension as requested. The Chairman asked staff about the ‘auto-renewal’ that Ms. Maier suggested. The Planning Manager explained that would not be an option because state law requires that every action on a zone change be preceded by a notification process. Ben Jenkins made the motion to approve the request, but reducing the time to allow an additional 5 years, and Sam Tambunga seconded the motion, which passed unanimously, 5-0.

AN ORDINANCE AM ENDING CHAPT ER 12, EXHIBIT “A” OF T HE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CH APTER 1 2 ADOPTS ZONIN G REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICA TION OF THE FOLLOWIN G PROPERTY, TO WIT: 20+ acres bordering the west side of South Chadbourne Street and situa ted within 1,000 fee t of the South Concho River in southern San Angelo, a mending a previous ly approved Planned Development District (PD 07-01) allow ing additional time for a single manufactured (mobile ) home to remain on the subjec t property; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: PD 07-01 (2nd Amendment): Concho River RV Resort

WHEREAS, the Planning Com mission for the City of San Angelo and the governing body for the City of San Angelo, in compli ance with the charter and the state law with reference to zoning r egulations and a zoni ng map, have given requisite notice by publication and other wise, and after holding hearings and a ffording a full and fair hearing to all proper ty owners and persons interested, generally, and to persons situated in the affected area a nd in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the ordinance approved by the governing body for the City of

San Angelo on Marc h 6th of 2007, amending the basic zoning or dinance for the City of San Angelo, which s aid amending ordinance is referenced as PD 07-01 and whic h concerns a certain 6.608-acre tract and a 14 .199-acre tract out of Emil Hermes Surve y 174 in the City of San Angelo, Tom Green County, Texas shall be and the same is hereby amended ins ofar as a certain Paragr aph A in Section 5, repealing said Paragraph A and, thence, replacing that original Paragraph A with the following:

A. The subject property may be us ed as a recreational vehicle par k with spaces

(camp sites) for overnight occupancy of not more than 60 suc h vehicles of the general public, to be used as temporary living quarters. Other allowe d uses and/or facilities shall be limited to the following:

- one (1) building for use as an offi ce and ac cessory apartment for on-site management;

- two (2) buildings for restroom, bathing and/or laundry facilities;

- two (2) tourist cabins; - a swimming pool and other outdoor recreation (playground) equipment; - parking spaces (at least 20 of them) for automobiles and light trucks; - parking spaces for horse trailers and light trucks; - parking spaces for short-term (not overnight) occupancy by recreational

vehicles, without utility hook-ups; - stalls for stabling horses, which may or may not be enclosed by a building; - a paddock (fenced-in area) for exercising horses; and - a single manufactured (mobile) home, placement of which shall be subject

to the following condition:

(1) If the RV park site in not fully developed within 5 years following March 22nd of 2011, then allowance for th is manufactured home shall be considered null and v oid, and any m anufactured home located on this subject property shall be removed at the owner’s expense.

SECTION 2: That the or dinance approved by the governing body for the City of

San Angelo on Marc h 6th of 2007, amending the basic zoning or dinance for the City of San Angelo, which s aid amending ordinance is referenced as PD 07-01 and whic h concerns a certain 6.608-acre tract and a 14 .199-acre tract out of Emil Hermes Surve y 174 in the City of San Angelo, Tom Green C ounty, Texas shall be the same as the graphic concept plan provided for the amendment for this Planned Development District in 2008.

SECTION 3: That in all other respects, the us e of the hereinabove property shall

be subject to all applicable regulations contained in t he original amending ordinance approved on March 6 th of 2007, and all amending or dinance approved on April 1 st of 2008 and, more generally, in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 4: That the following severability clause is adopt ed with this

amendment:

SEVERABILITY: The terms and provisions of this Ordinance s hall be deemed to be severable in that, if any portion of this Ordinanc e shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 5: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of th is article shall be guilty of a misdemeanor and, upon conviction, shall be s ubject to a fi ne as provided for in Section 1.106 of the

Code of Ordinances for the Cit y of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 1st day of March, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 22nd day of March, 2011.

THE CITY OF SAN ANGELO

by:_______________ _____________________ Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

City of San Angelo Finance Department



From: Bryan Kendrick, Budget Analyst, Sr.


Contact: Bryan Kendrick, Budget Analyst, Sr. 657-4211

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for capital projects and new projects

Summary: This proposed a mendment conta ins t he fol lowing items (additional info rmation attached):

City of San Angelo Operating Budget Lone Star Conference Women’s Fast Pitch Tournament West Texas Girls Fast Pitch Tournament Purchase of Code Compliance mower and trailer Reimbursement received from TxDOT for Avenue N. street reconstruction project

City of San Angelo Development Corporation Budget

Business Resource Center (BRC) purchase

History: See attached Budget Amendment Request memorandums.

Financial Impact: (see attached detail on Exhibit A of the Ordinance)

COSA Operating Budget expenditure $ 34,484 COSA Development Corporation Budget expenditures $ 280,000

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

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AN ORDI NANCE O F THE CI TY OF SAN ANGE LO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS, EXIST ING PROJECTS, GRANTS, INCRE ASED REVENUE AND RELATED EXPENSE.

WHEREAS the City of San Ange lo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City’s budget for fiscal year 2010-2011 be amended by the am ounts contained in Exhibit A.

INTRODUCED on the 1st day of March, 2011, and APPROVED and ADOPTED on this the 22nd day of March, 2011.


__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name Total Revenue Amendment

Total Expenditure Amendment

Net Benefit/ (Cost)

COSA Operating Budget

203 Texas Bank Sports Complex 15,500 13,000 2,500501 Equipment Replacement 17,484 17,484 0508 2009 C.O.’s 4000 4,000 0

Totals 36,984 34,484 2,500 COSA Development Corporation Budget

2005 Ballot Budget 0 280,000 (280,000)

Totals 0 280,000 (280,000)

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City of San Angelo Proposed Budget Amendment Amendmen t Addition al Information

Project/Need Source of Funding Rev enue Expense

Net Benefit/ (Cost)

Fund Balance

Fund Balance

Goal

Texas Bank Sports Complex

Lone Star Conference Women’s Fast Pitch Tournament

Gate sales and sponsorships 8,000 7,000 1,000

West Texas Girls Fast Pitch Tournament Entry fees, gate sales, and t-shirt resale

7,500 6,000 1,500

Total Texas Banks Sports Complex 15,500 13,000 2,500 249,916 0 Equipment Replacement Fund

Purchase of Code Enforcement Mower and Trailer

Transfer from general fund/ code violation fees

17,484 17,484 0

Total Equipment Replacement Fund 17,484 17,484 0 13,804 0 2009 C.O.’s Avenue N street reconstruction project TxDOT reimbursment 4,000 4,000 0

Total 2009 C.O. 4,000 4,000 0 N/A N/A

Totals 36,984 34,484 2,500 COSA Development Corporation Budget

Business Resource Center Purchase Unreserved fund balance 0 280,000 (280,000)

Totals 0 280,000 (280,000) 1,041,720 N/A

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City of San Angelo




Subject: Agenda Item for March 1 and March 15, 2011 Council Meetings


Caption: Consideration of an Ordinance amending the untreated water rate schedule.

Summary: The pro posed ordin ance will establi sh a base fe e of $17.94 per month for untreated water meters and a block rate structure for raw water usage. History: Water rates for untreated water at La ke Nasworthy have histo rically been a flat rate regardless of the am ount of water use d. The proposed ordinance will incorporate the rate structure considered at the Council meeting on February 15, 2011.

Financial Impact: Fees for untreated water usage go into the Water Operating fund. Related Vision Item (if applicable): None. Other Information/Recommendation: The untreated water rate structure is proposed to become effective April 1, 2011 to coincide with a monthly billing cycle. It is recommended the ordinance be adopted. Attachments: Water Rate Ordinance Presentation: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 21, 2011.

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY MODIFYING SECTION 8.200 (a)(1) MONTHLY WATER RATES BY ADDING A NEW BASE RATE FOR UNTREATED WATER

METERS; BY DELETING THE EXISTING UNTREATED WATER RATES; BY ADDING A NEW UNTREATED WATER RATE SCHEDULE; PROVIDING FOR SEVERABILITY AND PROVIDING

FOR AN EFFECTIVE DATE

BE IT ORDAINED BY THE CITY OF SAN ANGELO: THAT Appendix A, Article 8.000, Section 8.200 (a)(1) of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by the following:

(1) Add the following to the Base Rate Fee Schedule:

Meter Size Base Rate

Untreated Water Meter

$17.94

(2) Replace the existing Untreated Water Rates with the following:

Untreated Water 0‐5,000 gallons $0.50 per 1,000 gallons Next 5,000 gallons $1.00 per 1,000 gallons Over 10,000 gallons $1.71 per 1,000 gallons SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

(3) This Ordinance shall be effective on and after the 1st day of April, 2011. INTRODUCED on the 1st day of March, 2005 and finally PASSED, APPROVED and ADOPTED on the 22nd day of March, 2011. CITY OF SAN ANGELO BY: _________________________ Alvin New, Mayor

ATTEST: _____________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM ______________________________ _____________________________ Will Wilde, Director Lysia H. Bowling, City Attorney Water Utilities Department

Dear San Angelo City Council, The Texas Legislature faces a budget shortfall of unprecedented proportions. Adhering to their campaign promises of “no new taxes,” many lawmakers believe they can create a balanced budget through cuts alone. Hospitals want to make you aware of the consequences of deep cuts in state Medicaid funding, and the ramifications on our community. We also ask you to join us in talking to our state legislators about the problems Austin is creating for our local community. Reducing Medicaid rates to providers by 10 percent will cause even more physicians – especially specialists – to no longer see Medicaid patients. Out-patient clinics established by hospitals to see low-income patients and provide preventive and primary care will disappear if funding is cut. Without a medical home, Medicaid recipients will wait longer to seek treatment in hospital ERs, the most costly site to deliver care. While the influx of patients will increase hospital costs, the impact is compounded as Medicaid plans to reduce hospital reimbursement for non-emergency care in the ER. The state also plans to expand Medicaid managed care statewide. Without doubt, better care management would reduce costs long-term and improve outcomes. However, the current plan to expand the Health Maintenance Organization model and include hospital inpatient services in the capitated rate will jeopardize about $2 billion annually in federal Upper Payment Limit funds. These supplemental financial resources help mitigate the shortfall hospitals experience from the state’s chronic under-funding of the Medicaid program. The state could expand managed care through the HMO model and “carve-out” hospital inpatient services, which would preserve access to federal UPL funds. Hospitals support this approach. Cuts in state funding will not eliminate Medicaid patients’ need for health care. Instead, it shifts the burden of financing that care to the local level. Hospital districts, city and county hospitals may have to raise local taxes to compensate for the loss in state and federal funds. Medicaid maximizes the state’s ability to drawn down federal tax dollars, and state cuts will leave federal funds on the table, allowing other states – like New York and California – to benefit from Texans’ tax dollars. We ask you to work with us to convince state lawmakers that shifting health care costs from the state to the local level is not the solution. As a local elected official, you do not want to be forced to raise local taxes or cut city/county services because the Legislature passed the buck. We also should urge lawmakers to maximize federal funds. A local dollar spent on health care is just that; in Medicaid, that dollar brings in at least $1.50 in federal funds. Our community is growing, and health care is an essential service that residents need and want. Hospitals also are a major employer and economic force in the community. Deep Medicaid cuts in Austin will translate to layoffs at hospitals, more unemployment and jeopardize access to care for all patients, not just Medicaid recipients. Due to rapid growth and an aging population, health care is a growth field and actually is creating jobs. In addition, hospitals are stable local employers, and our economic impact ripples through the community. As hospitals are forced to curtail services and reduce their workforce, our community will suffer. We look forward to visiting with you to discuss the impact of state Medicaid cuts in more detail, and to develop a plan to interact with our state lawmakers. Sincerely,

Brad Holland, CEO San Angelo Community Medical Center

A RESOL UTION OF THE CIT Y COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACKNO WLEDGING THE NECESSITY FOR FEDERAL , STAT E, AND L OCAL OFFICIALS TO COLLECT IVELY ADDRESS THE PROPOSED TEX AS MEDICAID FUNDING CUTS; AND, RESPECTFULLY REQUESTING THAT FEDE RAL AND STATE GOVERNME NT OFFICIALS WORK COLLECTIVELY WIT H LOCAL OFFICIALS TO RE DUCE THE S UBSTANTIAL CUTS IN TEXAS MEDICAID AND DEVELOP SOLUTIONS TO IMPROVE THE TEXAS BUDGET WITHOUT CUTTING TEXAS MEDICAID AS DRASTICALLY AS PROPOSED.

WHEREAS, the City Counc il f or the Cit y of San Angelo, Texas, hereby acknowledges the necessity for federal, St ate and local officials to addres s on a n on-partisan basis the proposed Texas Medicaid f unding cuts and the impact it will have on the community of San Angelo, our hospitals and phys icians, other loca l communities, and for their employers and employees; this could result in an increas e in taxes , increase of insuranc e premiums, decrease of health c are services offered, increase of unemployment. WHEREAS, the City of San Angelo furt her acknowledges th at the propos ed Texas Medicaid funding cuts require the c ollective ef forts on a non-partisan bas is of federal, State, and local offi cials to ident ify other s olutions to help clos e budget shortfalls; some possible solutions could in clude additional new revenue, use of the ‘Rainy Day Fund’, r epair the structural problems with t he business ta x, remove inappropriate exemptions from existing ta xes, a nd t he state c ould expand managed care through the HMO model a nd “carve-out” hospit al inpatient services, which woul d preserve access to federal UPL funds. WHEREAS, the proposed Texas Medicaid funding cuts are pervasive and the local initiative of the proposed Texas Medicaid funding cuts requires the development of solutions and management opport unities through the c ollective efforts of federal, State and local o fficials; including th e mailing of signed letters supporting a redu ction in the proposed Texas Medicaid funding cuts to stat e legislative officials Governor Rick Perry, Lt. Gov. David Dewhurst, Senator Robert Duncan, and Representative Drew Darby. NOW THEREFORE BE IT RESOLVED BY THE CITY OF SAN ANGELO THAT:

SECTION 1 The City Council for the City of San Angelo respectfully requests that our federal and State representatives and officials work collectively on a non-partisan basis with the City of San Ange lo, our hospit als and physicians, ot her local communities, and with each other, to address the need of a r eduction in the substantial cuts in Texas Medicaid by identifying possible solutions to help close Texas budget shortfalls and c ontacting st ate legislat ive officials, letting t hem know the impact it will have on the Cit y of San An gelo, our hospitals a nd physicians, other local communities, and their employers and employees.

SECTION 2 This Resolution shall take effect immediately from and after its passage. PASSED and APPROVED THIS DAY OF , 2011.

CITY OF SAN ANGELO, TEXAS Alvin New, Mayor

ATTEST: Alicia Ramirez, City Clerk Approved As to Form: Approved as to Content: ______________________________ _______________________________ Lysia H. Bowling, City Attorney Harold Dominguez, City Manager

City of San Angelo

Meeting Date: March 1, 2011

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: first public hearing of an amendm ent related to the allowed number of garage sales, as requested by Council

Contacts: AJ Fawver, Planning Manager 657-4210 James Flores, Code Manager 657-4409 Shawn Lewis, Director of Development Services 657-4210

Captions:

First public hearing and introduction of an Or dinance amending Article 5.902 of the City of San Angelo Code of Ordinances changing the maximum number of garage sales held by an owner of property;

Summary: Based on discussions on September 21 st, January 11th, and February 15 th, staff is now bringing back a proposed amendment to t he number of garage sales allowed at the desire of the Council. History and Background: Section 5. 900 of the Code of Ordinance addresses the regul ations for ga rage sales within San Angelo, and orig inates from 1959. After discussions on September 21 st and January 11th, the Council directed staff to draft a revised version of Section 5.900. After some dialogue, 3 of the 7 Council members (Adams, Hirschfeld, and Farmer) advised staff that they would like to see t he maximum number of ga rage sales per year to be reduced to 3. Council member Alexa nder suggested it be c hanged to 2 per year. Council member Silv as stated he thought 4 per year (1 per quarter) was appropriate. Council member Morrison stated he thought the current number of 6 should be kept, or that it should ev en be increas ed if changed. The may or was not in attendance at the January 11th meeting. Since a majority of the group did not agree on a s ingle number and the direction was not clear-cut, staff includes all these suggesti ons as options. The caption f or this item specifically requires that the Council select a final, singular number in this first public

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hearing, and the draft ordinanc e will incor porate this number accordingly. The draft ordinance attached herein is written to embrace this change. It is important to note that Article 5.900 in cludes a res triction on the length of a garage sale (three consecutive calendar days). Staff is not proposing a cha nge to this requirement. Fiscal Impact: N/A Related Vision Items: Establish appropriate regulations to protect neighborhoods. Attachments: draft ordinance amending text of Subsection 5.902.b Publication: N/A Presentation: AJ Fawver, Planning Manager & James Flores, Code

Manager

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AN ORDINANCE A MENDING CHAPTE R 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGE LO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE RE GULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNU ALLY BE LIMITED TO THE NUMBER TWO (2) ; PROVIDIN G FO R SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

RE: amending the regulations of Section 5. 900 as to the maximum number of garage

sales allowed to be held by an owner of property within the City of San Angelo WHEREAS, the City C ouncil for the City of S an Angelo, after a public hearing at a meeting on February 15, 2011, has recommended the following am endment to the text of Chapter 5, Subsection 5.902(b) of the Code of Ordinances, City of San Angelo, Texas, which said Subsection 5.902 is otherwise known as the “Conditions Under Which Permitted”; and WHEREAS, the governing body for the City of San Angelo , in compliance with the charter and the state l aw wit h reference to ordinance amendm ents, have given requisit e notice by publication and otherwis e, and after holding hearings and affording a full and fai r hearing to all persons interested , generally, is of the opi nion that amendment to the text of the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 5, Section 5.900, Subsec tion 5.902(b) of the Co de of Ordinances of

the City of San Angelo, Texas shall be and is hereby amended insofar as an addition to the “Conditions Under Which Permitted”, to read as follows:

“There shall not be more than two (2) sales per year by the same property owner or

on the same premises. Such sales may la st a max imum of th ree (3) consecutive calendar days.”

2) THAT the following severability clause is adopted with these amendments: SEVERABILITY:

That the terms and provisions of this Ordi nance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT this Ordinance shall be effective from and after the date of its adoption.

of 4

INTRODUCED on the 1st day of March, 2011, and finally PASSED, APPROVED and ADOPTED on this the 22nd day of March, 2011. CITY OF SAN ANGELO by:_______________________________ Alvin New, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: _________________________ ____________________________ Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager


To: Mayor and Council members

From: Doray Hill Jr., Transportation Planner

Subject: Regular agenda item for 3-22-2011 City Council meeting

Contacts: Doray Hill Jr., San Angelo MPO 325-658-7969

-And- Gary Enos, San Angelo TxDOT 325-947-9242

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 10, Section 10.600 in relation to angle parking zones

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVE AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERN DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

Summary:

The Texas Department of Transportation is requesting to amend the “Traffic” portion of San Angelo’s Code of Ordinances, as it relates to angle on-street parking, to add Ninety-Degree (90°) parking spaces specifically on the north sides of East Avenue K between Metcalfe Street and South Concho Park Drive.

City of San Angelo

History and Background:

San Angelo’s Code of Ordinances generally requires on-street parking parallel to traffic lanes, except where angle parking is specifically authorized by Article 10.600. Head-in or angle parking stalls, as opposed to parallel parking spaces, were once more common throughout San Angelo. They remain a visible feature in many older commercial locations where on-street parking is almost the only parking available to adjoining businesses.* Nevertheless, the installation of any new head-in or angle parking stalls has

practically disappeared during the past 50 years. During the latter part of last year, Lone Wolf Bridge has been undergoing construction. This construction is intended to convert the bridge from a vehicular bridge to a bicycle/pedestrian bridge. Once complete, Lone Wolf Bridge will be exclusively for bicycles and pedestrians, however, outer portions of East Avenue K will be reserved for designated parking areas. These parking areas will provide users of the bridge with a place to park their vehicles. As shown on the attached graphics, the parking stalls extend substantially into public right-of-way for (and pavement on) East Avenue K. Each parking space is planned to be 11’ x 24’ with East Avenue K used for maneuvering. The proposed parking areas do not meet the common perception of “angle parking” because they appear to be perpendicular, but since they are angled at approximately 90°, this means that an amendment to San Angelo’s Ordinance is necessary. TxDOT thereby requests to amend Article 10.600 in the City’s Code of Ordinances, which specifically concerns angle parking zones on city streets. Their particular proposal is to add these 90° angle parking areas (on the north side of East Avenue K on its east and west areas) to the already existing 90° parking locations in the ordinance.

Analysis:

Angle parking of cars is similar to perpendicular parking for vehicles except that cars are arranged at an angle to the aisle or street (an acute angle with the direction of approach). The gentler turn allows easier and quicker parking, narrower aisles, and thus higher density than perpendicular parking. Angle parking is very common in car parking lots. It may also be used in streetside car parking in the U.S. when there is more width available for car parking than would be needed for parallel parking of cars, as it creates a larger number of parking spaces. Two angle parking areas (for users of Lone Wolf Bridge) are planned alongside the north side of East Avenue K. These spaces will be located on the east and west corners and will extend onto pavement for East Avenue K between Metcalfe Street and South Concho Park

* Angled parking arrangements significantly increase the number of parking stalls that can be fit alongside any given length of street pavement.

Drive. Four parking slots are planned for the parking area located near the intersection of Metcalfe Street and East Avenue K and six parking slots are planned for the parking area located near the intersection of South Concho Park Drive and East Avenue K. See the accompanying pages (graphics) for proposed parking areas planned for Lone Wolf Bridge. Approving the attached draft ordinance will ensure that planned on-street parking stalls will comply with municipal regulations limiting the type and extent of angle parking allowed on city streets.

Financial Impact: not applicable

Related Vision Items:

Develop pedestrian/bike network between park facilities, activity centers, and downtown; and Improve maintenance of streets, alleys, etc.; develop sidewalks and bicycle facilities in conjunction with roadway construction.

Notification: No notification required.

Recommendation: City staff recommends approving the Texas Department of

Transportation’s request to allow the addition of Ninety-Degree (90°) angle parking areas on both the east and west side of East Avenue K, between Metcalfe Street and South Concho Park Drive.

Attachments:

map of East Avenue K (parking spaces proposed at both ends of East Avenue K) graphic showing design of parking area for corner of East Avenue K and Metcalfe Street graphic showing design of parking area for corner of East Avenue K and South Concho Park Drive

Presentation: Doray Hill, Jr., Transportation Planner

Publication: No published notice required

Review By: E’Lisa Smetana, MPO Director, March 7, 2011

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVE AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERN DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION ONE: That Chapter 10, Article 10.600 of the Code of Ordinances, City of

San Angelo, Texas, be amended by adding the following “Angle Parking” zone: (5) Ninety Degree (90°) Parking

(C) A segment on the north side of East Avenue K, beginning at a point 40 feet

east from the northeast corner of intersecting rights-of-way for Metcalfe Street and East Avenue K, extending for a distance of 60 feet further in an eastern direction.

(D) A segment on the north side of East Avenue K, beginning at a point 35 feet

west from the northeast corner of intersecting rights-of-way for South Concho Park Drive and East Avenue K, extending for a distance of 84 feet further in a western direction.

SECTION TWO: That the following severability clause is hereby adopted with this

amendment: SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this ordinance.

SECTION THREE: That this Ordinance shall be effective on and after April 5th, 2011.

INTRODUCED on the 22nd day of March, 2011, and finally PASSED, APPROVED and ADOPTED on this the 5th day of April, 2011. CITY OF SAN ANGELO: ATTEST: by:_______________________________ by:__________________________ Alvin New, Mayor Alicia Ramirez, City Clerk

City of San Angelo San Angelo Police Department



From: Jeff Fant, Assistant Chief of Police

Subject: Agenda Item for 3/22/2011 Council Meeting

Contact: Tim R. Vasquez, Chief of Police

Caption: Regular Agenda – 1st Reading

Consideration of Amending Ordi nance Relating to Classified (Police) st affing lev els due to consolidation of Lak e, Park & Airport Police with the San Angelo Police Department; to wit:

AN ORDINANCE AM ENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITL ED “CLASSIFICATI ON PLAN,” PARAGRAPH (b), E NTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B), ENTITL ED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSIT IONS FOR T HE POLICE DEPARTMENT BY I NCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASING THE NUMBER OF P OLICE OFFICER FROM ONE HUNDRED TWENT Y-ONE (1 21) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANG E TO BE EFFECTIVE ON APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES

Summary: The San An gelo Poli ce Department is re questing consideration of increa sing the authorized sworn staffing level by six (6) total officers from 159 to 165. “Sergeant”staffing level s will be in crease by on e (1) p osition from 27 to 28 and “o fficer” positions will increa se by five (5) fro m 121 to 1 26. This request i s du e to the consolidation/assumption o f the La ke, P ark an d Airp ort Police a gencies under the management and control of the San Angelo Police Department as previously agreed upon the during budget process. This con solidation resulted in both a cost savings and an improvement in services offered by the City.

History: During 2 010/2011 th e an nual bu dget workshop Cit y Manage ment encourage d all

divisions to explore ways to decrea se co st and/o r promote savings. Th e S APD proposed consolidation o f all la w enforcement activities within the terri torial jurisdiction of the City of S an Angelo under the management and control of the San Angelo Poli ce De partment. Such consolidation t o not o nly has potential co st savings an d more effe ctive law enfo rcement, but also th e pot ential to imp rove services to the c ommunity. As such, the Lake & Pa rk Police was d issolved and the Airport Poli ce we re to b e pha sed ou t through nat ural attritio n. The d uties an d responsibilities of these ent ities were assumed by the SAPD with t he understanding that a proportionate increase i n the SAPD’s authorized staffing level woul d be submitted for Council approval.

During the SAPD cost/benefit analysis of the proposed consolidation, it was determined t hat six (6) additional sworn officers a nd on e (1) a dditional Se rgeant position woul d be necessary to maintain effective law enfo rcement operations at Lake Naswo rthy, Twin Buttes Reservoi r, and Mathis Field Regional Airp ort. This decision was based on fiv e (5 ) years o f hist orical “call for service” data, time and coverage constraints, and FAA/TSA flight requirements.

Financial Impact: The source of savings comes through efficiency of personnel and operations costs. The cost of h iring six (6) n ew officers and promoting one (1 ) sergeant is le ss than maintaining sep arate a gencies with senio r officers an d multiple sup ervisory personnel. The SAPD’s personnel and operations budgets must be increased by a proportional reimbu rsed a mount from t he ori ginal L ake a nd Pa rk Police Divi sions. The projected total reimbursed amounts are $371,761 for personnel and $69,500 for operations fo r total of $4 41,261. Th e co st of hiring ad ditional officers to fill the vacancies is approximately $286,380 for a potential first ye ar savings of $85,381 in personnel costs. Oper ations cost will yield neither fi scal savings nor burden to the City or Poli ce De partment. Similar results have been dete rmined fo r Ai rport reimbursement. $71,450 in personnel costs and $8,650 in operations will yield up to $23,720 savings through personnel cost.

Related Vision Item

(if applicable):


Staff recommends approval of the proposed ordinance.

Attachments: Pro-forma Lake and Airport Budgets

Presentation: Chief Tim R. Vasquez

Publication: n/a


Chief Tim R. Vasquez

Approved by Legal: 3/15/11

LAKE OPERATIONS BUDGET AIRPORT OPERATIONS BUDGET officer salary $ 192,364.00 officer salary $ 48,988.00 sgt salary $ 54,945.00 FICA $ 20,353.00 FICA $ 3,966.00 W/comp $ 8,248.00 W/comp $ 1,607.00 TMRS $ 51,548.00 TMRS $ 9,850.00 group insurance $ 25,122.00 group insurance $ 4,187.00 incentive $ 7,981.00 incentive $ 672.00 longevity $ 1,200.00 longevity $ 2,180.00 overtime $ 10,000.00 overtime SUBTOTAL $ 371,761.00 SUBTOTAL $ 71,450.00 electricity $ 13,500.00 electricity custodial $ - custodial eq. maint $ 500.00 eq. maint bldg maint $ 500.00 bldg maint veh. Maint $ 15,500.00 veh. Maint $ 2,800.00 rent of eq. $ 2,000.00 rent of eq. communication $ 2,250.00 communication cell phone $ 1,200.00 cell phone travel $ 750.00 travel $ 250.00 schools $ 500.00 schools $ 250.00 ofc. Supplies $ 500.00 ofc. Supplies $ 100.00 minor app/tools $ 1,500.00 minor app/tools $ 100.00 uniforms $ 1,500.00 uniforms $ 150.00 safety supplies $ 4,300.00 safety supplies gasoline $ 25,000.00 gasoline $ 5,000.00 SUBTOTAL $ 69,500.00 SUBTOTAL $ 8,650.00 lake salaries $ 371,761.00 A/P salaries $ 71,450.00 lake operations $ 69,500.00 A/P operations $ 8,650.00

TOTAL $ 441,261.00 TOTAL $ 80,100.00

#2011-03-____

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2. 1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SU BPARAGRAPH (1)(B), ENTITLED “POLICE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BY INCREASING THE NUMBER OF POLICE SERGEANT FR OM TWENTY-SEVEN (27) TO TWENTY-EIGHT (28), AND INCREASI NG THE NUMBER OF POLICE OFFICER FROM ONE HUNDRED TW ENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES


1) THAT, Chapter 2, Article 2.1500, Section 2.1502, Paragraph (b), Subparagraph (1)(B), of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended to read as follows:

Sec. 2.1502 Classification Plan (b) Staffing Levels. – The following is the authorized number of positions for the Fire and Police Departments: (1) (B) Police Department.

Police Chief 1 Police Major 3, effective 8-4-09 (Assistant Chief) Police Captain 0, effective 4-1-06 Police Lieutenant 7, effective 4-1-06 Police Sergeant 28, effective 4-5-11 Police Officer 126, effective 4-5-11

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY:

That the terms and provisions of this Ordinance shall be deemed to be severable in

that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT, this Ordinance shall be effective on, from and after the dates specified

in Subparagraph (1)(B). INTRODUCED on the 22nd day of March, 2011, and finally PASSED,

APPROVED and ADOPTED on this the 5th day of April, 2011.

CITY OF SAN ANGELO ATTEST: BY:

Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Tim Vasquez, Chief of Police Lysia H. Bowling, City Attorney

City of San Angelo



From: Clinton Bailey, Engineering Services Department


Contact: Blake Wilde, Engineering Services, 325-481-2749


Consideration of awardin g ba se bi d & alternate “B” and auth orizing the City Manager or his designee to execute any necessary related documents for ES-1-11 50th Street Constructio n & Grape Cree k Reconstruction Proj ects, Re ece Alb ert, Inc., San Angelo, $3,546,612.86.

Summary: The following bids were opened on March 9, 2011:

Base Bid Alternate “A” Alternate “B”

1. Reece Albert, Inc. $2,353,428.01 $1,174,202.99 $1,193,184.85

2. Price Construction, LTD. $2,267,261.73 $1,431,937.80 $1,352,668.32

The base bid is for th e Construction of 50 th Street. Alternate “A” is to construct Grape Creek Road with the traditional asphalt pavement structure. Alternate “B” is to con struct Grape Creek Road u sing a pave ment stru cture call ed Roller Compacted Concrete Pavement (RCC). The RCC pavement st ructure provides the same dependable and long useful life as conventional concrete pavement but at a dramatically reduced cost due to the way it is constructed. The typical useful life of an a sphalt pavement stru cture street is 25 year s before extensive maintenance or re habilitation is n eeded. The t ypical u seful life of a roller compacted concrete pavement or conventional concrete pavement street is 5 0 to 75 years bef ore extensive main tenance or rehabilitation i s needed. In order f or both the City and taxpaye rs to take ad vantage of the high er qu ality pavement structure that reduces the overall maintenance cost over its exte nded useful li fe, staff recommends alternative “B” despite it not being the lowest overall cost.

Award Base Bid & Alternate “B”

Base Bid Alternate “B” Total Bid

1. Reece Albert, Inc. $2,353,428.01 + $1,193,184.85 = $3,546,612.86

2. Price Construction, LTD. $2,267,261.73 + $1,352,668.32 = $3,619,930.05

History: The 50th Street Construction and Grape Creek Road Reconstruction Projects are ½ cent sales tax voter ap proved projects that were on the 2004 ballot. The 50th

Street Construction Project was designed by KC Engineering in Marble Falls, TX, and the Grape Creek Road Reconstruction Project was designed by City Staff.

Financial Impact: $3,546,612.86 for road way con struction and reco nstruction, $50,000 for construction materials testing, and $1 275 for ADA a ccessibility filing, review, a nd inspection fu nded thro ugh the City of San Ang elo Development Co rporation ½ cent sales tax dollars.

Related Vision Item: Transportation Vision – Im prove maintenance of st reets, alleys, et c. and d evelop

sidewalks and bicycle facilities in conjunction with roadway construction.


Staff recom mends the b ase bi d & alternate “B” from Ree ce A lbert, Inc. in the amount of $ 3,546,612.86 be accepted an d a uthorize th e City Manag er or his designee to execute any necessary related documents to the contract.

Attachments: ENG ES-1-11 50th & Grape Crk Bid Tab.pdf

Presentation: None

Publication: None


Shawn Lewis, Community & Economic Development Director, March 15, 2011

Approved by Legal: Lysia H. Bowling, City Attorney, March 14, 2011

C I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: ES-01-11 * 50th Street and Grape Creek Project

Pay Item Description Units Quantity Unit Price Total Amount Unit Price Total Amount

1 100.4 PREPARING RIGHT OF WAY STA 44.75 $ 502.89 $ 22,504.33 $ 4,006.40 $ 179,286.40

2 104.4 REMOVING CONCRETE LF 250.00 $ 10.66 $ 2,665.00 $ 2.14 $ 535.00

3 110.4 EXCAVATION (ROADWAY) CY 8,792.00 $ 3.02 $ 26,551.84 $ 7.05 $ 61,983.60

4 110.4 EXCAVATION (SPECIAL) CY 3,700.00 $ 2.84 $ 10,508.00 $ 3.38 $ 12,506.00

5 132.5 EMBANKMENT (FINAL) (DENSITY CONTROL) (TYPE B) CY 21,334.00 $ 3.00 $ 64,002.00 $ 5.95 $ 126,937.30

6 132.5 EMBANKMENT (FINAL) (ORDINARY COMPACTION) (TYPE C) CY 0.00 $ - $ - $ - $ -

7 247.6 FLEXIBLE BASE (COMPLETE IN PLACE) (TYPE A GRADE 2) (10" DEPTH) SY 30,331.00 $ 8.22 $ 249,320.82 $ 9.18 $ 278,438.58

8 260.6 LIME TREAT (SUBGRADE) (8" DEPTH) SY 33,314.00 $ 5.25 $ 174,898.50 $ 5.66 $ 188,557.24

9 310.6 PRIME COAT (MC-30) GAL 6,067.00 $ 4.40 $ 26,694.80 $ 4.19 $ 25,420.73

10 340.6DENSE-GRADE HOT-MIX ASPHALT (METHOD) (MIXTURE TYPE C) (SURFACE AGGREGATE

CLASSIFICATION B) (PG 64-22 BINDER)TON 3,500.00 $ 116.85 $ 408,975.00 $ 94.99 $ 332,465.00

10A 360.4 CONCRETE PAVEMENT (CONTINOUSLY REINFORCED-CRCP)(12") SY 1,033.00 $ 113.02 $ 116,749.66 $ 108.94 $ 112,535.02

11 432.5 RIPRAP (CONCRETE) (4" THICKNESS) CY 170.00 $ 356.91 $ 60,674.70 $ 365.71 $ 62,170.70

12 529.5 CONCRETE CURB AND GUTTER (TYPE II) LF 9,010.00 $ 17.25 $ 155,422.50 $ 12.29 $ 110,732.90

13 531.5 CURB RAMPS (TYPE 4) EA 4.00 $ 1,308.68 $ 5,234.72 $ 1,186.42 $ 4,745.68

14 531.5 CONCRETE SIDEWALKS (5' WIDTH) (4" THICK) LF 9,010.00 $ 26.77 $ 241,197.70 $ 18.43 $ 166,054.30

15 540.5 METAL W-BEAM GUARD FENCE (STEEL POST) LF 0.00 $ - $ - $ - $ -

16 540.5 TERMINAL ANCHOR SECTION EA 0.00 $ - $ - $ - $ -

17 544.5 GUARDRAIL END TREATMENT (INSTALL) EA 0.00 $ - $ - $ - $ -

18 552.5 REMOVE EXISTING FENCE LF 142.00 $ 7.14 $ 1,013.88 $ 2.42 $ 343.64

19 658.5OBJECT MARKER (TYPE 2) (3 REFLECTORS SIZE 2 REFLECTOR UNITS) (WING CHANNEL POST)

(GROUND MOUNT)EA 1.00 $ 59.49 $ 59.49 $ 139.60 $ 139.60

20 658.5OBJECT MARKER (TYPE 2) (3 REFLECTORS SIZE 1 REFLECTOR UNITS) (FLEXIBLE POST) (GROUND

MOUNT)EA 8.00 $ 59.49 $ 475.92 $ 133.68 $ 1,069.44

Reece AlbertItem

No.

ROADWAY QUANTITIES Price Construction

ES-1-11 Bid Tabulation Addendum No. 2 Page 1 of 6



Reece AlbertItem ROADWAY QUANTITIES Price Construction


21 666.6REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (BROKEN) (4" WIDTH) (100 MIL

THICKNESS)LF 2,480.00 $ 0.48 $ 1,190.40 $ 0.48 $ 1,190.40

22 666.6 REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (SOLID) (8" WIDTH) (100 MIL THICKNESS) LF 266.00 $ 0.83 $ 220.78 $ 0.85 $ 226.10

23 666.6REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (SOLID) (12" WIDTH) (100 MIL

THICKNESS)LF 591.00 $ 4.76 $ 2,813.16 $ 4.84 $ 2,860.44

24 666.6REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (SOLID) (24" WIDTH) (100 MIL

THICKNESS)LF 80.00 $ 10.71 $ 856.80 $ 10.90 $ 872.00

25 666.6 REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (ARROW) (100 MIL THICKNESS) EA 14.00 $ 208.20 $ 2,914.80 $ 211.86 $ 2,966.04

26 666.6 REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (WHITE) (WORD) (100 MIL THICKNESS) EA 6.00 $ 386.66 $ 2,319.96 $ 393.46 $ 2,360.76

27 666.6REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (YELLOW) (BROKEN) (4" WIDTH) (100 MIL

THICKNESS)LF 2,260.00 $ 0.48 $ 1,084.80 $ 0.48 $ 1,084.80

28 666.6REFLECTORIZED PAVEMENT MARKINGS (TYPE I) (YELLOW) (SOLID) (4" WIDTH) (100 MIL

THICKNESS)LF 8,890.00 $ 0.48 $ 4,267.20 $ 0.48 $ 4,267.20

29 672.5 REFLECTORIZED PAVEMENT MARKERS (TYPE I-C) EA 126.00 $ 11.90 $ 1,499.40 $ 12.11 $ 1,525.86

30 672.5 REFLECTORIZED PAVEMENT MARKERS (TYPE I-A-A) EA 296.00 $ 11.90 $ 3,522.40 $ 12.11 $ 3,584.56

Price Construction Reece AlbertItem

No.

TRAFFIC QUANTITIES






31 161.5 EROSION CONTROL COMPOST (4" DEPTH) SY 0.00 $ - $ - $ - $ -

32 164.5 BROADCAST SEEDING (TEMPORARY) SY 8,753.00 $ 0.51 $ 4,464.03 $ 0.12 $ 1,050.36

33 164.5 CELLULOSE FIBER MULCH SEEDING (PERMANENT) (URBAN SEED MIXTURE) (SAND SOIL) SY 17,505.00 $ 0.54 $ 9,452.70 $ 0.62 $ 10,853.10

34 168.5 VEGETATIVE WATERING MG 589.30 $ 20.00 $ 11,786.00 $ 24.75 $ 14,585.18

35 506.6 ROCK FILTER DAMS (INSTALL) ( TYPE 2) LF 60.00 $ 23.79 $ 1,427.40 $ 47.16 $ 2,829.60

36 506.6 ROCK FILTER DAMS (REMOVE) LF 60.00 $ 11.90 $ 714.00 $ 7.19 $ 431.40

37 506.6 BACKHOE WORK (EROSION & SEDIMENT CONTROL) HR 24.00 $ 84.74 $ 2,033.76 $ 109.51 $ 2,628.24

38 506.6 TEMPORARY SEDIMENT-CONTROL FENCE LF 490.00 $ 4.16 $ 2,038.40 $ 3.25 $ 1,592.50


39 416.5 DRILLED SHAFT (ROADWAY ILLUMINATION POLE) (30" DIAMETER) LF 128.00 $ 178.46 $ 22,842.88 $ 181.60 $ 23,244.80

40 420.6 CONCRETE (CLASS B) (TRENCH CAP) CY 6.00 $ 190.35 $ 1,142.10 $ 193.71 $ 1,162.26

41 610.5INSTALL ROADWAY ILLUMINATION ASSEMBLIES (STEEL OR ALUMINUM POLE) (POLE HEIGHT 50')

(BASE TYPE T) (8' MAST ARM) (0.4KW LAMP) (HIGH PRESSURE SODIUM)EA 16.00 $ 4,163.97 $ 66,623.52 $ 4,237.27 $ 67,796.32

42 618.5 CONDUIT (SCHEDULE 40 PVC) (1.5" DIAMETER) LF 7,155.00 $ 2.86 $ 20,463.30 $ 2.91 $ 20,821.05

43 620.5 ELECTRICAL CONDUCTORS (AWG NO. 8) (BARE) LF 7,155.00 $ 1.01 $ 7,226.55 $ 1.03 $ 7,369.65

44 620.5 ELECTRICAL CONDUCTORS (AWG NO. 8) (INSULATED) LF 14,310.00 $ 1.19 $ 17,028.90 $ 1.21 $ 17,315.10

45 624.4 GROUND BOXES (TYPE B) (11.5"x21"x20") (WITH CONCRETE APRON) EA 21.00 $ 743.57 $ 15,614.97 $ 756.65 $ 15,889.65

46 628.5

ELECTRICAL SERVICES (TYPE A) (240/480 SERVICE VOLTAGE) (060 DISCONNECT AMP RATING) (NO

SWITCH AHEAD OF METER/NO METER) (STAINLESS STEEL ENCLOSURE) (SEPARATE ENCLOSURE

FOR PHOTOCELL MOUNTING LOCATION) (TIMBER POLE SERVICE SUPPORT) (OVERHEAD SERVICE)

EA 2.00 $ 5,234.71 $ 10,469.42 $ 5,326.85 $ 10,653.70

ILLUMINATION QUANTITIES

Price Construction Reece Albert

Item

No.

Price Construction Reece Albert

Item

No.

SW3P QUANTITIES






47 401.5 FLOWABLE BACKFILL CY 446.00 $ 95.18 $ 42,450.28 $ 136.40 $ 60,834.40

48 402.4 TRENCH EXCAVATION PROTECTION LF 43.00 $ 5.95 $ 255.85 $ 11.28 $ 485.04

49 420.6 CONCRETE (CLASS A) (MISCELLANEOUS VALLEY GUTTER) CY 16.00 $ 475.88 $ 7,614.08 $ 360.28 $ 5,764.48

50 420.6 CONCRETE (CLASS C) (FOOTING) CY 3.00 $ 594.85 $ 1,784.55 $ 786.32 $ 2,358.96

51 420.6 CONCRETE (CLASS C) (WINGWALLS) CY 2.00 $ 594.86 $ 1,189.72 $ 1,030.22 $ 2,060.44

52 420.6 CONCRETE (CLASS C) (HEADWALLS) CY 6.80 $ 594.85 $ 4,044.98 $ 1,380.65 $ 9,388.42

53 420.6 CONCRETE (CLASS D) (SPLASH PAN) CY 20.00 $ 594.85 $ 11,897.00 $ 597.91 $ 11,958.20

54 432.5 RIPRAP (CONCRETE) (5" THICKNESS) CY 5.00 $ 416.40 $ 2,082.00 $ 533.61 $ 2,668.05

55 450.5 RAILING (TYPE T6) LF 0.00 $ - $ - $ - $ -

56 460.5 CORRUGATED METAL PIPE ARCH (GALVANIZED STEEL) (DESIGN 6) LF 0.00 $ - $ - $ - $ -

57 460.5 CORRUGATED METAL PIPE ARCH (GALVANIZED STEEL) (DESIGN 7) LF 156.00 $ 160.61 $ 25,055.16 $ 145.61 $ 22,715.16

58 464.5 REINFORCED CONCRETE PIPE (CLASS III) (18" DIAMETER) LF 1,536.00 $ 53.54 $ 82,237.44 $ 46.08 $ 70,778.88

59 464.5 REINFORCED CONCRETE PIPE (CLASS III) (24" DIAMETER) LF 541.00 $ 65.43 $ 35,397.63 $ 51.51 $ 27,866.91

60 465.5B INLET (COMPLETE) (SPECIAL) (FALSE BACK) EA 2.00 $ 4,282.94 $ 8,565.88 $ 2,628.41 $ 5,256.82

61 465.5B INLET (COMPLETE) (TYPE C) 5' EA 4.00 $ 4,163.97 $ 16,655.88 $ 2,778.52 $ 11,114.08

62 465.5A MANHOLE (COMPLETE) (TYPE M) EA 3.00 $ 7,733.09 $ 23,199.27 $ 2,488.89 $ 7,466.67

63 465.5C INLET EXTENSION (TYPE E) EA 5.00 $ 1,427.65 $ 7,138.25 $ 1,428.02 $ 7,140.10

64 467.5 SET (TYPE II) (18") (REINFORCED CONCRETE PIPE) (4:1, H:V) (CROSS) EA 7.00 $ 1,011.25 $ 7,078.75 $ 1,192.08 $ 8,344.56

65 467.5 SET (TYPE II) (24") (REINFORCED CONCRETE PIPE) (4:1, H:V) (CROSS) EA 7.00 $ 1,165.91 $ 8,161.37 $ 1,481.77 $ 10,372.39

66 496.4 REMOVE STRUCTURE (SET) EA 5.00 $ 297.43 $ 1,487.15 $ 754.45 $ 3,772.25

$ 2,067,261.73 $ 2,153,428.01

$ 200,000.00 $ 200,000.00

$ 2,267,261.73 $ 2,353,428.01

CONTINGENCY

TOTAL BASE BID

Price ConstructionItem

No.

CONTINGENCY AND TOTAL BASE BID FOR ALL ITEMS

Reece Albert

50th STREET CONSTRUCTION PROJECT TOTAL BID

DRAINAGE QUANTITIES





Item No. Description Units Quantity Unit Price Total Amount Unit Price Total Amount

1 EXCAVATE ROADWAY SY 21,268.00 $ 1.72 $ 36,580.96 $ 5.14 $ 109,317.52

2 DEMOLISH EXISTING ROADWAY, GRADING AND SEEDING SY 1,266.00 $ 1.40 $ 1,772.40 $ 2.88 $ 3,646.08

3 LIME (3%) AND CEMENT (4%) TREAT SUBGRADE 8-INCHES IN DEPTH SY 21,268.00 $ 6.02 $ 128,033.36 $ 6.19 $ 131,648.92

4 TYPE A GRADE 2 CRUSHED LIMESTONE FLEXIBLE BASE 10-INCHES IN DETPH SY 21,268.00 $ 8.96 $ 190,561.28 $ 10.86 $ 230,970.48

5 REINFORCED STANDUP CURB AND GUTTER LF 7,368.00 $ 17.25 $ 127,098.00 $ 13.14 $ 96,815.52

6 MC-30 ASPHALT PRIME COAT SY 17,492.00 $ 1.14 $ 19,940.88 $ 0.85 $ 14,868.20

7 D-GR HOT MIX ASPHALT TYPE C PG64-22 2-INCHES THICK SY 17,492.00 $ 14.17 $ 247,861.64 $ 11.13 $ 194,685.96

8 REINFORCED CONCRETE PAVEMENT 6-INCH THICK SY 355.00 $ 70.19 $ 24,917.45 $ 49.53 $ 17,583.15

9 REINFORCED CONCRETE VALLEY GUTTERS & SPANDREL 6-INCHES THICK SF 5,946.00 $ 7.26 $ 43,167.96 $ 6.12 $ 36,389.52

10 REMOVE EXISTING & CONSTRUCT REINFORCED CONCRETE DRIVEWAYS 6-INCHES THICK SF 5,708.00 $ 9.64 $ 55,025.12 $ 7.25 $ 41,383.00

11 REINFORCED CONCRETE SIDEWALK 4-INCHES THICK SF 37,498.00 $ 5.29 $ 198,364.42 $ 4.40 $ 164,991.20

12 REINFORCED CONCRETE CURB RAMPS 4-INCHES THICK EA 14.00 $ 1,189.71 $ 16,655.94 $ 1,182.46 $ 16,554.44

13 TYPE I THERMOPLASTIC 4" BROKEN YELLOW PAVEMENT MARKING LF 1,600.00 $ 0.60 $ 960.00 $ 0.62 $ 992.00

14 TYPE I THERMOPLASTIC 4" SOLID DOUBLE YELLOW PAVEMENT MARKING LF 1,284.00 $ 1.19 $ 1,527.96 $ 1.23 $ 1,579.32

15 TYPE I THERMOPLASTIC 24" SOLID WHITE PAVEMENT MARKING LF 354.00 $ 8.33 $ 2,948.82 $ 8.64 $ 3,058.56

16 TY II-A-A RAISED PAVEMENT MARKERS LS 1.00 $ 832.79 $ 832.79 $ 863.98 $ 863.98

17 30" EQUIVALENT REINFORCED CONCRETE ARCH PIPE LF 55.00 $ 130.87 $ 7,197.85 $ 120.11 $ 6,606.05

18 SET 4:1 FOR 30" EQUIVALENT REINFORCED CONCRETE ARCH PIPE EA 2.00 $ 2,248.55 $ 4,497.10 $ 1,510.13 $ 3,020.26

19 ADJUST 6' x 8' INLET BOX WITH NEW LID AND 4' x 4' GRATE INLET TO GRADE (HS-20 LOADING) EA 1.00 $ 3,331.18 $ 3,331.18 $ 5,821.83 $ 5,821.83

20 REMOVE EXISTING INLET AND INSTALL CURB INLET EA 1.00 $ 4,163.97 $ 4,163.97 $ 5,667.32 $ 5,667.32

21 HOT MIX ASPHALT COLD LAY SY 100.00 $ 33.12 $ 3,312.00 $ 28.22 $ 2,822.00

22 RELOCATE SIGN AND INSTALL NEW SIGN BASE EA 20.00 $ 356.91 $ 7,138.20 $ 1,155.00 $ 23,100.00

23 ADJUST WATER VALVE TO GRADE EA 20.00 $ 654.34 $ 13,086.80 $ 666.42 $ 13,328.40

24 ADJUST MANHOLE TO GRADE EA 3.00 $ 892.28 $ 2,676.84 $ 1,358.33 $ 4,074.99

25 REMOVE EXISTING AND INSTALL 18" OFFSET MANHOLE EA 1.00 $ 4,163.97 $ 4,163.97 $ 1,448.32 $ 1,448.32

26 REMOVE EXISTING FENCE LF 2,649.00 $ 1.76 $ 4,662.24 $ 2.02 $ 5,350.98

27 INSTALL BARBED WIRE WOVEN WIRE FENCE 9/49/12 LF 3,333.00 $ 5.08 $ 16,931.64 $ 5.58 $ 18,598.14

28 BARRICADES AND TRAFFIC CONTROL MO 6.00 $ 2,379.41 $ 14,276.46 $ 1,419.40 $ 8,516.40

29 MOBILIZATION LS 1.00 $ 250,250.57 $ 250,250.57 $ 10,500.45 $ 10,500.45

$ 1,431,937.80 $ 1,174,202.99

50th Base Bid + Alt "A" $ 3,699,199.53 $ 3,527,631.00

ALTERNATIVE BID OPTION "A" TOTAL BID

ALTERNATIVE BID OPTION "A" ASPHALT PAVEMENT - GRAPE CREEK ROAD RECONSTRUCTION TOTAL BID Price Construction

ALTERNATIVE BID OPTION "A" ASPHALT PAVEMENT - GRAPE CREEK ROAD RECONSTRUCTION TOTAL BID

Reece Albert





Item Description Units Quantity Unit Price Total Amount Unit Price Total Amount

1 EXCAVATE ROADWAY SY 21,268.00 $ 1.72 $ 36,580.96 $ 4.28 $ 91,027.04

2 DEMOLISH EXISTING ROADWAY, GRADING AND SEEDING SY 1,266.00 $ 1.40 $ 1,772.40 $ 2.88 $ 3,646.08

3 LIME (3%) AND CEMENT (4%) TREAT SUBGRADE 8-INCHES IN DEPTH SY 21,268.00 $ 6.02 $ 128,033.36 $ 6.19 $ 131,648.92

4 TYPE A GRADE 2 CRUSHED LIMESTONE FLEXIBLE BASE 10-INCHES IN DEPTH SY 3,463.00 $ 12.60 $ 43,633.80 $ 13.18 $ 45,642.34

5 REINFORCED STANDUP CURB AND GUTTER LF 7,368.00 $ 17.25 $ 127,098.00 $ 13.14 $ 96,815.52

6 MC-30 ASPHALT PRIME COAT SY 2,217.00 $ 1.39 $ 3,081.63 $ 0.99 $ 2,194.83

7 D-GR HOT MIX ASPHALT TYPE C PG64-22 2-INCHES THICK SY 2,217.00 $ 18.77 $ 41,613.09 $ 13.05 $ 28,931.85

8 REINFORCED CONCRETE PAVEMENT 6-INCH THICK SY 355.00 $ 70.21 $ 24,924.55 $ 49.53 $ 17,583.15

9 ROLLER COMPACTED CONCRETE PAVEMENT 6-INCH THICK SY 15,275.00 $ 19.50 $ 297,862.50 $ 26.00 $ 397,150.00

10 REINFORCED CONCRETE VALLEY GUTTERS & SPANDREL 6-INCHES THICK SF 5,946.00 $ 7.26 $ 43,167.96 $ 6.12 $ 36,389.52

11 REMOVE EXISTING & CONSTRUCT REINFORCED CONCRETE DRIVEWAYS 6-INCHES SF 5,708.00 $ 7.26 $ 41,440.08 $ 7.25 $ 41,383.00

12 REINFORCED CONCRETE SIDEWALK 4-INCH THICK SF 37,498.00 $ 5.30 $ 198,739.40 $ 4.40 $ 164,991.20

13 REINFORCED CONCRETE CURB RAMPS 4-INCH THICK EA 14.00 $ 1,189.91 $ 16,658.74 $ 1,182.46 $ 16,554.44

14 TYPE I THERMOPLASTIC 4" BROKEN YELLOW PAVEMENT MARKING LF 1,600.00 $ 1.19 $ 1,904.00 $ 1.23 $ 1,968.00

15 TYPE I THERMOPLASTIC 4" SOLID DOUBLE YELLOW PAVEMENT MARKING LF 1,284.00 $ 2.38 $ 3,055.92 $ 2.47 $ 3,171.48

16 TYPE I THERMOPLASTIC 24" SOLID WHITE PAVEMENT MARKING LF 354.00 $ 11.90 $ 4,212.60 $ 12.34 $ 4,368.36

17 TY II-A-A RAISED PAVEMENT MARKERS LS 1.00 $ 832.94 $ 832.94 $ 863.98 $ 863.98

18 30" EQUIVALENT REINFORCED CONCRETE ARCH PIPE LF 55.00 $ 154.69 $ 8,507.95 $ 120.11 $ 6,606.05

19 SET 4:1 FOR 30" EQUIVALENT REINFORCED CONCRETE ARCH PIPE EA 2.00 $ 2,617.81 $ 5,235.62 $ 1,510.13 $ 3,020.26

20 ADJUST 6' x 8' INLET BOX WITH NEW LID AND 4' x 4' GRATE INLET TO GRADE (HS-20 LOADING) EA 1.00 $ 4,164.69 $ 4,164.69 $ 5,821.83 $ 5,821.83

21 REMOVE EXISTING INLET AND INSTALL CURB INLET EA 1.00 $ 5,354.60 $ 5,354.60 $ 5,667.32 $ 5,667.32

22 HOT MIX ASPHALT COLD LAY SY 100.00 $ 33.12 $ 3,312.00 $ 28.22 $ 2,822.00

23 RELOCATE SIGN AND INSTALL NEW SIGN BASE EA 20.00 $ 356.91 $ 7,138.20 $ 1,155.00 $ 23,100.00

24 ADJUST WATER VALVE TO GRADE EA 20.00 $ 594.96 $ 11,899.20 $ 666.42 $ 13,328.40

25 ADJUST MANHOLE TO GRADE EA 3.00 $ 832.94 $ 2,498.82 $ 1,358.33 $ 4,074.99

26 REMOVE EXISTING AND INSTALL 18" OFFSET MANHOLE EA 1.00 $ 5,354.60 $ 5,354.60 $ 1,448.32 $ 1,448.32

27 REMOVE EXISTING FENCE LF 2,649.00 $ 3.95 $ 10,463.55 $ 2.02 $ 5,350.98

28 INSTALL BARBED WIRE WOVEN WIRE FENCE 9/49/12 LF 3,333.00 $ 5.08 $ 16,931.64 $ 5.58 $ 18,598.14

29 BARRICADES AND TRAFFIC CONTROL MO 6.00 $ 2,141.84 $ 12,851.04 $ 1,419.40 $ 8,516.40

30 MOBILIZATION LS 1.00 $ 244,344.48 $ 244,344.48 $ 10,500.45 $ 10,500.45

$ 1,352,668.32 $ 1,193,184.85

50th Base Bid + Alt "B" $ 3,619,930.05 $ 3,546,612.86

ALTERNATIVE BID OPTION "B" TOTAL BID

ALTERNATIVE BID OPTION "B" ROLLER COMPACTED CONCRETE PAVEMENT - GRAPE CREEK ROAD RECONSTRUCTION TOTAL BID

Price Construction Reece AlbertALTERNATIVE BID OPTION "B" ROLLER COMPACTED CONCRETE PAVEMENT - GRAPE CREEK ROAD RECONSTRUCTION TOTAL BID


City of San Angelo



From: Alfonso Torres


Contact: Alfonso Torres

Caption: Regular Item

Consideration of the Permit and Inspections Divisions recommendations regarding a request for in-kind support (waiving permit fees) for “Operation Finally Home”.

Summary: The San Angelo Home Builders Association will be building a home free of charge for a disabled veteran through the “Operation Finally Home” program. They h ave requested that all fees associated with permitting this project be waived.

History: This item has not been brought to City Council previously.

Financial Impact: Approximately $555

Related Vision Item

(if applicable):

NA


Staff recom mends that the Co uncil waive a ll pe rmit fees associate d with this project.

Attachments: None

Presentation: Power Point presentation

Publication: None


Shawn Lewis

Approved by Legal: NA

3/16/2011

1

Operation Finally HomeOperation Finally Home

03/22/1103/22/11

Operation Finally Home

In 2005, Dan Wallrath of Houston, Texas d id d h l lif fdecided to help veterans start a new life after they return from a war. Since then, Dan Wallrath’s dream has turned into reality by becoming the “Operation Finally Home” program .

3/16/2011

2


Operation FINALLY HOME is an award i i d b B Awinning program created by Bay Area

Builders Association Support Our Troops (BABASOT). BABASOT was established in 2005 as a non-partisan/non-profit 501(c)3 organization.


Its mission is to provide custom-made, mortgage-free homes to wounded and disabled veterans and the widows of the fallen in an effort to get their lives back on track and become productive members of their communities.

3/16/2011

3


Thi h S A l H B ildThis year, the San Angelo Home Builders Association has decided to participate in this program and has put together a team of volunteers who are donating time and materials to build a free home to an injured jAmerican Veteran.


The recipient for this home was announced l h S A l S k Sh drecently at the San Angelo Stock Show and

Rodeo. United States Marine Corps Lance Corporal (retired) Samuel Marley and his family were chosen from a list of applicants that were wounded in recent wars.

3/16/2011

4


Marley was injured in Iraq on November 3 d 2007 d d3rd, 2007 and was emergency evacuated to Brooke Army Medical Center in San Antonio, Texas where he was treated for burns and other extensive injuries.


O i FINALLY HOME HOperation FINALLY HOME, Home Builders Association of San Angelo, and Clark Construction with support from the local community, will break ground on the Marley family home in The Bluffs within the y ynext few weeks.

3/16/2011

5



Costs are as follows:

B ildi P i (2078 h d f ) $312 81Building Permit (2078 heated s.f.) $312.81

Plumbing (12 fixtures) $83.50

Electrical (up to 200 amp) $85.00

Mechanical (up to 5 ton) $45.00

Sprinkler System $28.00p y

Total Permit fees: $555.00

City of San Angelo Parks & Recreation



From: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for March 22, 2011, Council Meeting

Contact: Anthony Wilson, Civic Events Manager, 653-5328 or 234-0014


Consideration of approving a naming rights proposal for the San Angelo Coliseum from Foster Communications.

Summary: This is the fi rst naming rights proposal since the Council approved a n aming rights contract w ith C itywise Marketing last year. Staff believes the pr oposal fro m Fo ster Communications represents an excellent opportunity to generate revenue that comes from neither taxes nor fees and to partner with one of San Angelo’s most community-conscious businesses.

History: Prior t o selling the naming ri ghts t o the new S ports Complex f or $60,000 over six years to Texas Bank in 2009, the City had never engaged in the common practice of selling naming rights to high-profile venues.

On June 1, 2010, the Council adopted an updated naming rights policy. At the same meeting, th e Co uncil a pproved a n aming rights se rvices co ntract with Cit ywise Marketing, giv ing t he l ocal firm t he exclusive right t o market n aming ri ghts t o City facilities. The exclusive rights regarding the Coliseum, however, end after one year.

Since it s contract w as a pproved, Citywise ha s soli cited potential nami ng ri ghts sponsors t hrough a dvertisements i n t he lo cal n ewspaper and has contacted 34 entities (see attached) about the Coliseum. Multiple contacts or discussions occurred with 11 of t he e ntities. Those effo rts have yiel ded a p roposal from F oster Communications t hat staff and t he Civic Events A dvisory Bo ard b elieve warrant s approval.

Under the proposal, Foster would pay $20,000 per year for 10 years for the n aming rights to the Coliseum, which would be known as Foster Communications Coliseum. By comparison, the naming rights to the Spur Arena were sold for $13,333 per year for 15 years, and Texas Bank bought the naming rights to the sports complex for six years at $10,000 per year. Foster would pay all of the signage costs related to the Coliseum’s name change.

Under the agreement, the City of San An gelo would agree to spend $7,000 annually on advertising wit h F oster Communications. Th e City sp ent $9, 113 last year wit h Foster. The City’s total advertising budget this year is $59,541. Staff is comfortable the City will conti nue to spend in excess of $7,000 a year with Foster, which owns and operates the market’s mos t dominant group of radio s tations, including KIXY-FM. Should this amount not be met in any year, the City would not be in breach of contract; instead, there would be a reduction of the annual payment from Foster to Civic Events in the subsequent year.

Staff is convi nced City wise did its due d iligence in marketing the Coli seum and

believes thi s potential partnership with Foster represents the best opportunity for a naming rights sponsorship for the venue.

Foster Communications i s one of Sa n A ngelo’s bedrock businesses. It ha s a lo ng history of local ownership and financial success in an extremely challenging industry. Further, th e company and its principals are deeply and a ctively i nvolved i n th e community in efforts ranging from th e Children’s Miracle Network to th e Chamber of Commerce to the S an A ngelo Symp hony to th e United Way t o Hospice of S an Angelo.

Financial Impact: The City incu rs no expense with this proposal. Foster Communications will pay for all the signage changes related to the Coliseum’s name change.

Under t he co ntract a pproved by Council, City wise e arns a commission on a sliding scale, depending upon the gross sales price. The scale maxes out at 40% for contracts less than $15,000 and drops to as low as 20% for contracts of m ore than $500,000. Under the agreement, a sales price of $200,000 earns a 30% commission. That means the City would receive $1 4,000 an nually under t he F oster proposal whi le Citywise, which pe rformed al l of the leg work an d wo uld continue to a dminister the F oster contract, would earn $6,000.

Based on existing na ming rights for th e T exas Ba nk Sp orts Complex an d th e 1 st Community Cre dit Unio n Spu r Are na, th e Fo ster Co mmunications pro posal wo uld establish a new benchmark for the price of future naming rights.

Related Vision Item

(if applicable):

N/A


Foster wants to maintai n the Coliseum ’s u nderstated si gnage. Its n ame on t he venue’s façade will replace the words “San Angelo” with lettering of the same style and col or fro m the same manufactu rer. (See “do ctored” photo i n PowerP oint.) Additionally, Citywise would place some window clings on the P lexiglass panels on the doors, and street signs would be changed to read, “Foster Communications Coliseum.” As with other advertisers in City facilitie s, the contract for the naming rights would be between Foster and Citywise. The Civic Events Advi sory Boa rd was enthusiastic in it s comments whe n presented with the proposal and unanimously endorsed it in a 7-0 vote. Staff also recommends approval, be lieving Foste r’s pro posal i s in the City’s be st financial interests and that the company is the sort of institution whose brand the City wants on its facilities.

Attachments: Naming rights services agreement with Citywise Marketing (includes City’s naming rights policy) List of companies approached about naming rights

Presentation: PowerPoint

Publication: N/A


Carl White, Parks and Recreation Director, March 8, 2011

Approved by Legal: N/A

3/14/2011

1

Coliseum Naming RightsCivic Events

Coliseum Naming Rights

3/14/2011

2


• Foster proposal = $200K, 10 years

• 1st Community Credit Union Spur Arena = $200K, 15 years

• Texas Bank Sports Complex = $60K 6 • Texas Bank Sports Complex = $60K, 6 years


• Foster pays $20K/year

• City agrees to $7K/year in advertising with • City agrees to $7K/year in advertising with Foster

• City spent $9,113 last year advertising on Foster stations

• City budgeted $59,541 in advertising this year

3/14/2011

3


• Gross Contract Commission• Less than $15K 40%• $15K - $75K 35%• $75K - $299K 30%• $300K - $499K 25%• $500K+ 20%

• City would get $14K/year• Citywise would earn $6K/year


Naming Rights / Company List AB Distributing AEP Texas Alvin New AT&T* Atmos Energy Blue Cross Blue Shield of Texas Classy Cleaning Crockett National Bank DeCoty Coffee Company* Ethicon Family Power Sports* First Financial Bank Flat Wireless, LLC/Clear Talk Foster Communications* Glazer’s Hirschfeld Steel Co. Housley Communications* Lone Star Beef Processors Multi-Chem* Performant DCS/VFI Qualtrust Credit Union* San Angelo Community Medical Center* Scott Allison Real Estate Shannon Health System Shannon Medical Center* Sitel, Inc Sprint Nextel Standard Times Stripes Convenience Stores Terry Mikeska The Bank and Trust* Verizon* Visicom Wells Fargo Bank

* indicates multiple contacts and or meetings

1

City of San Angelo

Memorandum Date: March 10, 2011


From: Robert Schneeman, Development Coordinator


Caption: Regular Agenda Item

Consideration of re pealing Article 5.100, Secti on 5.107 City Cod e of O rdinances Alcoholic Beverages Regulations, as it pertains to the possession of open containers and consumption of alcoholic beverages in the Downtown area

Summary: This item was presented to Council at its regular meeting of February 15, 2011 and Council instructed staff to bring i t back in t he form of an ordinance at a later meeting. This change i f approved, will repeal th e p rohibition of t he p ublic possession a nd co nsumption of al coholic beverages i n the downtown area by repealing section 5.107 in its entirety. Downtown is the only a rea within the City Limits where this prohibition currently applies. History: Downtown business owners including Rod Bridgeman (Sealy Flats), Simon Cuellar (Swagito), Toni Hunter (H ouse of Fifi Dubois) , Ray Hanus h (Blaine’s), Rex Rogers (De ad Horse), G arrick Enge l (Grinners), Mark Santiago (Fat Boss), John Fuentes (Fuentes Cafe) have asked City staff to consider lifting a ban on alcohol in public areas of the Central Business District. Currently, the Central Business District is the only area of San Angelo in which alcohol consumption is prohibited on City rights of way. Police officials that served in the 1990s recalled that the provision was added i n 20 00 to preve nt hom eless in dividuals f rom being all owed to co nsume alcoh ol on City sidewalks. Downtown San Angelo, the Cultural Affairs Council, organizers of the San Angelo Blues Festival and other g roups have routinely spo nsored e vents which di rectly or indirectly vi olate this po licy with outdoor wine and beer service and give-aways at Art Walk, Paintbrush Alley events, the Wine & Food Festival, the Blues Fe stival and ot hers. The Sa n An gelo Pol ice De partment ha s issue d sixte en citations i n the last eleven years f or viol ation of Section 5.107 of the City Co de regarding alcohol consumption in the Central Business District. One citation has been issued in the last twelve months. If the downtown prohi bition was lifted, it would not affect the P olice Departm ent’s ability to issue citations for public intoxication and other alcohol related offenses. The Texas Alcohol Beverage Commission (TABC) prohibits businesses that hold a mixed beverage license (for liquor or drinks that contain liquor) from allowing customers to carry alcohol outside of the premises. Businesses that have this type of license include Miss Hattie’s, Fat Boss, Blaine’s, Fuentes,

2

Sealy Flats and Grinners to nam e a fe w. However, businesses such as Divine Wine, House of Fifi Dubois and the Black Swan Wine Bar have licenses that would allow patrons to utilize public right of way for consumption were the prohibition lifted. Additionally, lifting the ban would allow organizers of the various festivals and special events on downtown streets and sidewalks to legally serve alcohol. The downtown bar and restaurant owners have unanimously asked for this change to City Code and Downtown S an An gelo, In c. ha s unanimously recommended lifti ng th e ba n. Thi s p roposal wa s approved by Council at its regular meeting of February 15, 2011. At that time Council instructed staff to return at a future meeting with a revised ordinance. Financial Impact: Minimal reduction in fines to Municipal Court (one citation in the last year). Other Information/Recommendation: Staff recommends the repeal of Section 5.107 of the Code of Ordinances Attachments: Copy of the related minutes from the February 15, 2011 City Council meeting; copy of the current Code of Ordinances, Section 5.107 Alcohol in the Central Business District; Copy of Proposed Ordinance Presentation: Shawn Lewis

3

CITY COUNCIL MINUTE RECORD

The City of San Angelo Page 665 Tuesday, January 19, 2010 Vol. 101 APPROVAL OF THE SALE OF ALCOHOL BY THE CITY ’S CONCESSIONAIRE DURING ADULT TOURNAMENTS AND P ERMITTED PUBLIC SPECIAL EVENTS; AND TO PROHIBIT ALCOHOL CONSUMPTION DURING ANY YO UTH LEAGUE AND TOUR NAMENT PLAY AT TH E TEXAS BANK SPORTS COMPLEX

Parks & Recr eation Director Carl White presented b ackground inf ormation and reviewed the prop osed policy. He stated the Recreation A dvisory Board recommended a policy to allow for the sale of alcohol by the City’s concessionaire, S an Angelo H ost, during adult tournaments and perm itted public special events only. In a ddition, no alc ohol co nsumption will be all owed in the c omplex when an y youth le ague an d tournament play is taking place.

City Mana ger Harold Dom inguez stated although a re commendation from the advis ory board, it is Cit y Council decis ion to m ake an y other c hanges or reco mmendations. Mr. W hite stated a p olice officer i s available at such events a nd the City contracted concessioner is the only one allowable to saell alc ohol. Mr. White clarified a policy does not exist to prohibit alcohol at any park and the proposed policy will be enforced during league seasons.

Responding t o a q uestion from Council member Hogg, Mr . Wh ite clarified t he current policy pr ohibits alcohol in the co mplex. Councilm ember Hogg sugge sted a future agenda item to review the CitiWise advertising contract in relat ion to such sales. Assistant City Manager Rick Weise clarified the contract does not prohibit the advertising of alcohol sales; however, staff regulates such accordingly.

Motion, to approve to the sale of alcohol by the City’s concessionaire during adult tournaments and permitted public special events; an d to prohibit alcohol consumption during any youth league and to urnament play at the Texas Bank Sp orts Co mplex, was made by C ouncilmember Hogg an d secon ded b y C ouncilmember Farmer.

The following spoke in o pposition to the proposed policy: Alcohol and Drug Abuse Council of t he Concho Valley (ADAC) Director Eric Sanchez, and ADAC Prevention Director Julia Alonzo.

The following spoke in support of the proposed policy: Citizens Jim Ryan, Nicholas Arteaga,, Chamber of Commerce representati ve Pamela Miller, Hotel Gro up Rep B ob Bankster , and Cit yWise Marketin g representative Steve McGlauflin.

City Manager Harold Dom inguez explained ½ sales tax f unds are util ized to maintain the com plex facility; therefore, other funding support is necessary.

Civic E vents Manager Ant hony W ilson explained under the curre nt pol icy, a uniformed police officer is required on the prem ise if alcohol beverages are sold. He inform ed the event s ponsor is responsible f or paying the officers. Mr. White added if coolers containing alcoholic beverages are brought into the complex, the individual or i ndividuals will be aske d to leave the complex; although alcoho lic beverages ar e currently allowed in the parking lot.

Responding to a questio n from Counc ilmember Fields, Mr. White informed under the current no alcoh ol policy, police are not requi red. If approved as pres ented, police pr otection will be required a nd num ber required will be based on the event size.

Councilmembers Silvas and Morris on st ated the y we ighed both the negative an d positi ve aspects of the proposed policy and spoke against the motion.

A vote was ta ken on the motion on the floor. AYE: New, Fields, Hogg, and Fa rmer. NAY: Morrison, Silvas, and Adams. Motion carried 4-3.

5

Page 436 Minutes Vol. 101 August 18, 2009 DENIAL OF ADOPTING A PROHIBITED ALCOHOL USE POLICY AT THE TEXAS BANK SPORTS COMPLEX/RIO CONCHO COMMUNITY PARK Recreation Manager Andy Cedillo reviewed the existing Alcohol Use Policy. Responding to a question from Mayor Pro Tempore Hogg, Mr. Cedillo stated that anytime a youth event is scheduled no alcohol was allowed in the complex. Assistant City Manager Rick Weise explained that current policy states that the City Concessionaire is the only one who can distribute alcohol and individuals cannot bring it with them to the complex Councilmember Morrison expressed his opposition to the use of alcohol at the complex. Councilmember Silvas read a letter from Southern Little League President Alma Velez expressing her concerns over the use of alcohol at the complex. A copy of the letter is part of the Permanent Supplemental Record. Director of the Local Umpire Association John Henry Perez mentioned that other cities’ tournaments where he has officiated, sold alcohol with seemingly no problems. San Angelo Chamber Sports Committee member Greg Pecina expressed concerns over the negative effect that prohibiting alcohol might have on the bidding process for sports tournaments. San Angelo Host, Inc. President Giancarlo Campanelli estimated the revenue from selling alcohol at the events would be about $70k to $80k per year and mentioned that while selling alcohol, Police Enforcement presence is required. Motion, to prohibit alcohol sales and alcohol consumption at the Texas Bank Sports Complex/Rio Concho Community Park, was made by Councilmember Morrison and seconded by Councilmember Silvas. Responding to a question from Councilmember Adams, Mr. Cedillo estimated that the economic impact from losing tournaments due to prohibiting alcohol sales could be between $3 to 4 million this year and a loss of $20k to $100k in gate receipts and entry fees at the complex. Further discussion was held on the current alcohol use policy and the police enforcement during tournaments. City Manager Harold Dominguez clarified that police enforcement is required by the promoter at all events where alcohol is being sold. A vote was taken on the motion on the floor. AYE: Morrison, Silvas, and Adams. NAY: Fields, Hogg, and Farmer. Motion failed 3-3. Motion, to allow for permitted alcohol sales at adult only events at the Texas Bank Sports Complex/Rio Concho Community Park, was made by Councilmember Farmer and seconded by Councilmember Fields. AYE: Fields, Hogg, and Farmer. NAY: Morrison, Silvas, and Adams. Motion failed 3-3.

7

ARTICLE 5.100 ALCOHOLIC BEVERAGES REGULATIONS*

Sec. 5.101 Definition

The terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in this article have the same meanings as the definitions provided in the Texas Alcoholic Beverage Code, Section 1.04, Tex. Codes Ann. (1959 Code of Ordinances, Sec. 5-2-1)

Sec. 5.102 License Required

It shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beer or wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or to sell any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale within this city without having first obtained the appropriate license from the finance director as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business. (1959 Code of Ordinances, Sec. 5-2-2)

Sec. 5.103 License Fees

The finance director is authorized to collect a license fee of one half the state permit fee for each license issued for premises within the city. (1959 Code of Ordinances, Sec. 5-2-3)

Sec. 5.104 Prohibited Licenses*

No license authorizing the sale of any alcoholic beverage, liquor beer or wine and vinous liquor shall be issued to any dealer where the place of business of any such dealer is within the corporate limits of the city and is within three hundred feet (300') of any tax supported elementary or secondary public school. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. Provided, that this section shall not apply to any dealer whose place of business is within three hundred feet (300') of any tax-supported elementary or secondary public school as of the date of the adoption of this article, or to any of their successors. (Ordinance adopted 5/2/00)

Sec. 5.105 Term of License

Any license issued under the terms of this article shall be for one year and shall be nontransferable, provided, that if the city license of any dealer who is engaged in the sale of beer and of other alcoholic beverages at the time of the adoption of this article does not expire on the same day as the state and county period as to make the city license terminate on the same day as the state and county licenses, and in this event only the proportionate part of the fee levied for such license shall be collected. The fractional part of any month remaining shall be counted as one month in calculation of the fee that shall be due. (1959 Code of Ordinances, Sec. 5-2-5)

8

Sec. 5.106 Hours of Sale*

No person who may engage in the sale of beer or other alcoholic beverages within the corporate limits of the city shall offer for sale or sell any beer other alcoholic beverages within the corporate limits of the city on Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock (12:00) noon and on all other days at any time between the hours of two o'clock (2:00) a.m. and seven (7:00) a.m. (1959 Code of Ordinances, Sec. 5-2-6)

Sec. 5.107 Alcohol in the Central Business District

(a) The possession of an open container of al cohol or the public consumption of alcohol in the central business district of the City of San Angelo as described in Section 5.107(c).

(b) It is an exception to this offense that the possession or consumption occurred;

(1) in a motor vehicle, or

(2) in a building not owned or controlled by the municipality, or

(3) in a residential structure, or

(4) on a licensed premises located within the area of prohibition.

(c) For purposes of this Chapter, the Centra l Business District of the City of Sa n Angelo is generally the geographic area from the eas t edge of North U.S. Highway 87 to the west edge of Main Street and from the south edge of U.S. Highway 67/277 to the Concho River. The area being more accurately designated by the map in Exhibit "A", maintained on f ile in the office of the city clerk and incorporated herein by reference.

(Ordinance adopted 6/20/00)

Sec. 5.108 Proof of Violation

Proof of the consumption of beer or other alcoholic beverages between the hours of two fifteen o'clock (2:15) a.m. and twelve o'clock (12:00) p.m. the following on Sundays or between the hours of two o'clock (2:00) a.m. and seven o'clock (7:00) a.m. the following on any other day of the week in the sale of beer or other alcoholic beverage in the city shall be prima facie evidence that beer or other alcoholic beverages have been sold by such person in violation of this article. (1959 Code of Ordinances, Sec. 5-2-8)

Sec. 5.109 Revocation

The city council is hereby authorized and empowered to revoke the license of any person engaged in the business or occupation on selling, distributing or disposing of beer or other alcoholic beverages after giving such person ten (10) days notice of a hearing and after holding such hearing for the purpose of determining whether or not such license should be revoked,

9

provided however, that such power of revocation shall be exercised under the following conditions:

(1) When disorderly or immoral practices are permitted on the premises.

(2) Where such person sells or offers fo r sale any beer or othe r alcoholic beverages in violation of the term s of this article or of the Texas Alcohol ic Beverage Code, or consum es or permits any other person to consum e beer or ot her alcoholic beverages on the prem ises in violation of the terms of this article or of the Texas Alcoholic Beverage Code.

(1959 Code of Ordinances, Sec. 5-2-9)

Sec. 5.110 Penalty

Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day of such violation shall constitute a separate offense (Ordinance adopted 5/2/00)

Sec. 8.119 Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area and Rio Concho Sports Complex

It shall be unlawful for any person, firm, company, organization or corporation to carry alcoholic beverages inside the fenced-in portion of the 29th Street Recreation Area or the Rio Concho Sports Complex. (1959 Code of Ordinances, Sec. 6-1-25)

Minutes Page 537 February 15, 2011 Vol. 102

CONSIDERATION OF MATTERS RELATED TO THE CITY CODE OF ORDINANCES, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE CENTRAL BUSINESS DISTRICT

Robert Schnemann presented background information. He clarified per Texas Alcohol Beverage Commission, this ordinance would only apply to those licensees that hold a beer and wine permit. A copy of the Central Business District map is part of the Permanent Supplemental Record.Council directed staff to move forward with the proposed changes and present the draft ordinance at a future meeting. City Manager Harold Dominguez noted additional trash receptacles will be included in the aesthetic improvements within the area. Councilmember Farmer left the meeting at 12:12 p.m. PRESENTATION OF THE QUARTERLY REPORT ON THE SANTA FE MUNICIPAL GOLF COURSEBY TWO PRO MANAGEMENT, INCLUDING AN UPDATE ON IMPROVEMENTS AND PROGRAMS Parks and Recreation Director Carl White and Tw o Pro Management Kevin Collins presented background information. A copy of the presentation is part of the Permanent Supplemental Record.Councilmember Farmer returned to the meeting at 12:14 p.m. Council commended Mr. Collins in working with local youth groups.

Mr. Collins stated future improvements, e.g. pavilions, screens, etc., are currently on hold until the turf and water costs are under control.

RECESS

At 12:25 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:37 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Governm ent, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.074 to deliberate personnel matters related to the personnel evaluation and duties of the City Manager; Section 551.072 to discuss the purchase, sale, exchange, lease, or value of real property; and Section 551.087 to discuss an offer of financial or other incentive to a com pany or com panies 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.

OPEN SESSION (continued)

At 1:22 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:22 P.M., Mayor New called a recess.

RECONVENE

At 1:29 P.M., Council reconvened, and the following business was transacted:

APPROVAL TO CLOSE NON-CRITICAL CITY OF SAN ANGELO SERVICES ON FRIDAY, APRIL 29, 2011 AND TO ALLOW EMPLOYEES TO PARTICIPATE IN CLEAN-UP AND PAINTING EFFORTS IN THE RIO VISTA NEIGHBORHOOD AS PART OF THE CITY’S NEIGHBORHOOD REVITALIZATION STRATEGYNeighborhood and Family Services Director Bob Salas presented background information.

Sec. 5.107 Alcohol in the Central Business District

(a) The possession of an open container of al cohol or the public consumption of alcohol in the central business district of the City of San Angelo as described in Section 5.107(c).

(b) It is an exception to this offense that the possession or consumption occurred;

(1) in a motor vehicle, or

(2) in a building not owned or controlled by the municipality, or

(3) in a residential structure, or

(4) on a licensed premises located within the area of prohibition.

(c) For purposes of this Chapter, the Centra l Business District of the City of Sa n Angelo is generally the geographic area from the eas t edge of North U.S. Highway 87 to the west edge of Main Street and from the south edge of U.S. Highway 67/277 to the Concho River. The area being more accurately designated by the map in Exhibit "A", maintained on f ile in the office of the city clerk and incorporated herein by reference.

(Ordinance adopted 6/20/00)

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SAN ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGES REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSESSION OF AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. THAT, Section 5.107 “Alcohol in the Central Business District”, of Article 5.100,

“Alcoholic Beverages Regulations”, of Article 5, “Business and Commerce”, of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed;

Section 2. THAT, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the day of , 2011, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

BY Alicia Ramirez, City Clerk Approved as to content: Approved as to form: J. Shawn Lewis, Community and Lysia H. Bowling, City Attorney Economic Development Director

AN ORDINANCE AMENDING CHAPTER 5 ENTITLED “BUSINESS AND COMMERCE”, SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL BUSINESS DISTRICT” OF THE SAN ANGELO CODE OF ORDINANCES; PROHIBITING THE POSESSION OF AN OPEN CONTAINER OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c) AND PROVIDING FOR AN EFFECTIVE DATE.


1) THAT, Chapter 5, Section 5.107 of the Code of Ordinances, City of San Angelo, Texas is hereby repealed:

2) THAT, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the day of , 2010, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2010.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

By: Alicia Ramirez, City Clerk

City of San Angelo



From: Michael Dane

Subject: Agenda Item for 3/22/2011 Council Meeting

Contact: Michael Dane, Finance Department, 657-4268


Presentation, update, and discussion on technology features offered by the City of San Angelo, including, but not limited to, online credit card wat er billing services, and any action in connection thereto

Summary: Presentation will addre ss Coun cilmember Hirschfeld’s inq uiry regarding water billing credit card payments

History: Accepting online credit card payme nt for customer water bill s has been available through th e cashier window i nside th e water utility buildin g since Ma rch, 2010. Online credit card payment became available in May, 2010.

Financial Impact: None

Related Vision Item

(if applicable):

None


Staff recommends . . .

Attachments: “Online Credit Card Payments”

Presentation: PowerPoint presentation by Michael Dane

Publication: None


Finance Director-Michael Dane, 03/14/11

Approved by Legal: NA

3/15/2011

1

O li C dit C d Online Credit Card Payments

3/22/2011

City of San Angelo Website : http//www.sanangelotexas.us

3/15/2011

2

• • Click the “Pay Water Bill” button

• Enter account number exactly as it appears on your monthly statement (include the dash)

• Enter your pin number

1234-7894

*******

• Click the “Sign-On” button

3/15/2011

3

• Review account information

1234-7894Patty Apple72 W College

(325) 123-6584

• Click the “Pay Now” button

• Accept default payment or enter amount you want to pay

• Review payment amount

• Click “Continue” button

3/15/2011

4

• Click drop down arrow of “Select

OfMethod Of Payment” box

• Select either Mastercard or Visa

• Click the “Pay Now” button

• Fill in your credit card information exactly as it appears on your credit card.

• Use your credit card billing address

• You have the option to save this information to your “billfold”

3/15/2011

5

• Verify the transaction overview

• If everything is correct, click the “Complete Transaction” button

• This confirms your


**1454Patty Apple72 W College

ytransaction

• Wait for printable receipt page

• Please print this page for your records

• Thank you for your payment

• “Return” button brings you back to


***1254

account information page

Patty Apple72 W College

3/15/2011

6

• Select “Log Off” option


(325) 123-6584

City of San Angelo Finance Department



From: Michael Dane, Director of Finance


Contact: Bryan Kendrick, Finance, 325-657-4211

Caption: Regular

Discussion of 2011-2016 Capital Improvement Plan

Summary: The Capital Improvement Plan (CIP ) is a City Ch arter required plan u sed for making funding allocations in the a nnual operating budget. Cap ital projects are submitted and reviewed for priority, relevance to the community, and funding consideration each year.

The City Ch arter requi res the CIP be introduced to City Coun cil five (5 ) m onths p rior to final submission of the budget to City Coun cil, a public hearing on the plan, and ad option of the pla n on or before adoption of the annual budget.

Public meetings will be scheduled for the week of May 16th. During the public meetings, staff will review submitted projects and receive comments, suggestions, and priorities from citizens.

The calendar for the CIP process is attached. If you have any concerns with the proposed dates, please let us know.

History: The 2010 -2015 CIP is attach ed for ref erence of the current pro jects in the CIP. Projects were submitted for the CIP on F ebruary 18th. Staff will review proj ects the week of April 11thh. Financial Impact: Not applicable at this time. Related Vision Item (if applicable): Infrastructure Vision and Financial Vision Other Information/Recommendation: Attachments: CIP schedule; 2010-2015 CIP Presentation: Yes

Publication: N/A

Reviewed by Service Area Director: Michael Dane, Finance, March 11, 2011

http://sanangelotexas.us/index.asp?Type=B_BASIC&SEC=E8077466-78C0-4817-9549-7D8B56F6EBFD

2/4/2011 Budget Division sends out CIP forms and Instructions

2/18/2011 CIP projects due from departments

3/22/2011 Introduce CIP to City Council

4/12‐13/2011 Review proposed capital projects with committee

5/16‐19/2011 CIP Public Meetings

6/7/2011 CIP discussion with City Council

6/21/2011 CIP resolution approval by City Council

City of San AngeloCIP Schedule

Planning Period 2011‐2016

City of San Angelo






Caption: Consideration of authori zing the City Manage r to negotiate and exe cute an Interlocal Agreem ent with the Cities of Abilene and Midlan d for develo pment of wate r management strategies.

Summary: As identified in the State Regional Water Plans, each of the th ree cities will need additional water to meet their future needs. At the current time, each city is planning and working on options to meet future needs. The proposed agreement will provide a framework whereby the communities can work together in the development of water management strategies. History: Abilene, Midland and San Angelo have, through participation in the Ivie Reservoir Project, parti cipated toget her to fa cilitate the devel opment of a project that cu rrently sup plies water to all of the cities.

Financial Impact: All cos ts for professional or legal s ervices assoc iated w ith the agreement w ill be shared equally by the participants. Related Vision Item (if applicable): Long term water supply. Other Information/Recommendation: As each city plans for the development of water supplies, this interlocal agreement will provide for the o pportunity to take a regional overview of how a project may be implemented for the benefit of all the communities. It is recommended the City Manager be authorized to negotiate and execute the agreement. Attachments: Draft Interlocal Agreement Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 14, 2011.

INTERLOCAL AGREEMENT

This AGREEMENT is m ade under the Interloc al Cooperation Act th is ____ day of ________,

2011, between the City of Abilene ("Abilene"), the City of Midland (“Midland”), and the City of

San Angelo (“San Angelo”), collectively referred to as “Parties”, all m unicipalities incorporated

under the laws of the State of Texas.

RECITALS

WHEREAS, Abilene o wns certa in water r ights in the Brazos River Basin and is a

member of the Brazos G Regional Water Planning Group; and

WHEREAS, Midland and San Angelo both ow n certa in w ater righ ts in the Color ado

River Basin and are both members of the Region F Water Planning Group; and

WHEREAS, the Brazos G Regional W ater Pla nning Group and the Region F Water

Planning Group project a future deficit in water supplies for all the Parties; and

WHEREAS, the Parties each have a contractual ri ght to w ater supp lies from the O.H.

Ivie Reservoir in the Colorado River Basin; and

WHEREAS, Abilene is, in p art, pur suing a water r ights application f or the permitting

and development of the Cedar Ridge Reservoir in the Brazos River Basin in order to address

future water needs; and

Whereas, San Angelo is developing a groundwater source in the Hickory Aquifer in order

to address future water needs; and

WHEREAS, the Parties have been individually evaluating various water m anagement

strategies to address their future water needs; and

WHEREAS, the Partie s have deter mined they ha ve common issues related to securing

short term and long term water supplies; and

- 2 -

WHEREAS, there is a willingness amongst the Parties to work together to resolve future

short term and long term water needs; and

WHEREAS, the Partie s have dete rmined there is a bene fit to working together to

develop water management strategies to address water needs.

NOW, THEREFORE, the Parties AGREE as follows:

I. PURPOSE OF THE AGREEMENT AND CONSIDERATION

It is the d esire of the P arties to dev elop water management strategies to provide for th e

short term and long term water needs of their cu stomers and residents. The Parties desire to

cooperate in the evaluation, sel ection and developm ent of water m anagement strategies for

short term and long term regional water supplies. In consideration of the agreement to jointly

evaluate, select and develop short and long te rm water m anagement strategies for water

supplies, the Parties desire to participate in this endeavor as follows. Any payments made for

the performance of governm ental functions or se rvices under this Agre ement shall be m ade

from current revenues available to the paying Party.

II. TERM

This Agreem ent shall begin on __________________ and continue until mutual

termination by the Parties.

III. PARTY RESPONSIBILITIES

Each Party agrees that it will:

a. Work with the other Parties to evaluate short term and long term water needs and

- 3 -

management strategies.

b. Consider us ing their av ailable water resour ces to help m eet each of the Parties’

short term water needs.

c. Coordinate with the Colorado River Munici pal Water District, as appropriate, to

evaluate short term water supplies available from O.H. Ivie Reservoir.

d. Provide current information in a timely manner to consulting engineers, attorneys,

and other Parties, as requested.

e. Support the perm itting and authorizations needed for Abilene to pursue th e

construction and use of the Cedar Ridge Reservoir to meet future water needs.

IV. PROFESSIOINAL AND LEGAL SERVICES

a. Each of the Parties shall a ppoint a representative to be a member of an executive

committee which will be respons ible for c oordinating activities related to this

agreement. The comm ittee shall develop a scope of work and budget of

anticipated costs of pro fessional and legal services related to this Agr eement and

present it to each Party for their rev iew and approval. The executive co mmittee

shall select one of the Parties to this agreement to be the ad ministrator and fiscal

agent that will be responsible for all contracts and payments associated with this

agreement.

b. The executive comm ittee shall be responsib le for reviewing and evaluating any

proposals, reports, contracts or other documents in connection with this agreement

and for presenting the information along with any recommendations to the Parties

for their consideration.

c. The Parties curren tly h ave various professional services ag reements with Lloyd

Gosselink Rochelle & Townsend, P. C. for legal services and for the purposes of

- 4 -

this ag reement; th e par ties ag ree to util ize th e services o f these professionals

unless othe rwise agre ed in writin g. The Parties agre e that the c osts f or

professional, lega l or o ther serv ices re lated to this agr eement shall be shar ed

equally amongst the Parties.

d. Upon presentation to each Parties’ authorized representative of a statement setting

forth in reasonable detail the am ount, purpose and evidence of paym ent of costs

related to th is Agreem ent f or lega l, pr ofessional and other se rvices, each Party

shall re imburse its pro portionate s hares of such costs incurred and paid by the

Party administering this Agreement.

e. The Parties agree that any contracts or ag reements for serv ices associated with

this Agreement shall be subject to written approval by the Parties.

V. CONFIDENTIALITY AND COMMUNICATIONS

a. The Parties agree that the inf ormation that will be sha red pursuan t to th is

Agreement is confidential by nature and w ill b e held conf idential to th e exten t

allowed by law. The Parties and their resp ective agents, employees, con sultants

and representatives will at a ll tim es use th eir best ef forts to m aintain the

confidentiality of all docum ents, pr ofessional work product, scientific,

engineering, environmental and legal repor ts, studies, investigations, m emoranda

and opinions related to this Agreement.

b. Any public communication about short or l ong term water management strategies

related to this Agreement will be done in a manner that is agreed to join tly by the

Parties to m aintain consistency in communication. All requests for factual

information by members of the public or th e media shall receive a joint response,

- 5 -

approved by a person designated by each Pa rty. All information release pursuant

to the Public Information Act will be provided to the other Parties.

VI. ENTIRE AGREEMENT

This document constitutes the entire agreement of the Parties.

VII. SEVERABILITY

The provisions of this Agreement are severable, and if for any reason any one or m ore of

the provisio ns shall be deem ed to be invalid, illeg al, or unenforceab le in any respect, the

invalidity, illegality, o r unenforceability shall n ot affect an y other p rovisions of th is Agreement

and this A greement shall rem ain in ef fect a nd be construed as if the invalid, illegal, or

unenforceable provision had never been contained in the Agreement.

VIII. ADDRESSES AND NOTICE

Any written communications related to the Agreem ent shall, until chang ed in writin g to

all Parties, be as follows:

If to the City of Abilene:

____________________

____________________

____________________

____________________

If to the City of San Angelo:

City of San Angelo

Attn: City Manager

PO Box 1751

San Angelo, Texas 76902

If to the City of Midland:

____________________

____________________

____________________

____________________

- 6 -

IX. MODIFICATION

This Agreem ent shall be subject to change, modification, or am endment only by the

mutual written consent of all of the Parties.

X. ASSIGNABILITY

This Agreement shall b ind the Parties and th eir legal successors, but shall otherwise not

be assignable by the Parties.

XI. GOVERNING LAW

This Agreement shall be governed by the Constitution and the law of the State of Texas.

XII. TERMINATION

This Agree ment m ay be term inated with 30-day written notif ication to the r emaining

Parties. The term inating Party shall rem ain responsible for all incurred costs at the tim e o f

termination. The Conf identiality re quirements of this Agreem ent survive term ination by any

Party.

EXECUTED this ____ day of _______________________, 2011 CITY OF ABILENE ATTEST __________________________________ __________________________________ City Manager City Secretary Approved: __________________________________ City Attorney

- 7 -

CITY OF SAN ANGELO ATTEST __________________________________ __________________________________ City Manager City Clerk Approved: __________________________________ City Attorney CITY OF MIDLAND ATTEST __________________________________ __________________________________ City Manager City Secretary Approved: __________________________________ City Attorney

City of San Angelo



From: Lisa Marley, Human Resources Director



Discussion and consideration of setting the co-pay amount for uninsured patients at the Employee Health Clinic.

_________________________________________________________________________________

Summary: Requesting approval to set the co-pay amount for visits at the Employee Health Clinic by uninsured patients. History: The Clinic is available to active employees and their covered dependents, and pre-65 retirees a nd their cove red dependents. Non- covered employees or d ependents can cu rrently be seen at the Clinic for a $10.00 co-pay (this is a token amount that has not covered the true cost of the visit). The City is curre ntly in cont ract negot iations with San Angelo Community Medical Center to run the Employee Health Clinic. Financial Imp act: San Angelo Co mmunity Medical Center ha s indicated that their co st for an office visit by an unin sured patient i s $100. The average number of unin sured visits p er year at the Employe e He alth Cli nic h as been 180 0 (h owever an i ncrease in co-pay may cau se this number to drop). The San Angelo Community Medical annual cost would be $180,000, and at the $10.00 co-pay, the amoun t collected would be $18,000. The challenge is to determine how to fund the $162,000 difference between what would be charged and what would be collected. The first yea r of saving s created by contracting with San Angelo Community Medical Ce nter to operate the Employee Health Clinic is $62,603. If all of the savings is used to offset the uninsured patients, there is still a shortfall of $99,397. Attachments: Clinic Operating Costs spreadsheet. Reviewed by Service Area Director: Lisa Marley, Human Resources Director, March 18, 2011.

City of San Angelo



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405


Consideration of items related to the May 14, 2011 General Election

A. Consideration of a ccepting a Certificate of Unopposed Candidates for the City of San Angelo May 14, 2011 General Election and consideration of authorizing the cancelation of said election

B. First Public Hearing and consideration of introduction of Ordinance canceling the May 14, 2011 General Election for Mayor, Single Member Districts 2, 4, and 6 and declaring each unopposed candidate elected to office

AN ORDINA NCE OF THE CITY COUNCIL OF THE CITY OF S AN ANGELO, TEXAS, ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OF MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRI CT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT F OUR ( 4), AN D C OUNCILMEMBER, SINGLE MEMB ER DISTRI CT SIX (6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DI STRICT TWO (2), COUNCILMEMBER, SI NGLE MEMBER DIST RICT FO UR (4), AND COUNCILMEMBER, SI NGLE MEMBER DISTRICT SIX (6), CA NCELED; DECLARING THA T ALVIN NEW IS ELECTED TO T HE OFFI CE OF MAYOR, DWAIN MORRISON IS ELECTE D TO THE OFFICE OF COUN CILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FRE DD B. ADAMS IS E LECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHA RLOTTE FA RMER IS ELECTED TO THE OFFI CE OF COUNCILMEMBER, SI NGLE ME MBER DISTRICT SIX (6); A ND ESTABLISHING AN EFFECTIVE DATE

Summary: The City Council adopted an Ordinance calling for a general election on May 14, 2011. T he filing deadline and writing in deadline for said election was March 14, 2011 a nd M arch 21, 20 11, respe ctively. One can didate filed f or ea ch offi ce of candidacy p osition. Th e candi dates are unopposed a nd will therefore be considered as elected on the date the election was to be held.

History: The City of San Angelo has not had a cancelation since May 2000.

Financial Impact: Election will not be held thereby creating a savings of approximately $40,000.00.

Related Vision Item

(if applicable):

N/A


Staff recommends City Co uncil accept t he Ce rtificate of Unop posed Candidates and intro duce and ad opt the Ordin ance can celing the May 14, 2011 Gen eral Election.

Attachments: Certificate of Un opposed Ca ndidates, Order of Cancellation (poste d at polling

location on election day), and Ordinance Presentation: N/A

Publication: On the date the G eneral Election was to be held, a notice will be posted at each polling location notifying the public that the election was canceled by said order.


City Attorney Lysia H. Bowling

Approved by Legal: March 14, 2011

AW12-1Prescribed by Secretary of State Section 2.051 – 2.053, Texas Election Code 7/07

CERTIFICATION OF UNOPPOSED CANDIDATES FOR OTHER POLITICAL SUBDIVISIONS (NOT COUNTY)

CERTIFICACIÓN DE CANDIDATOS ÚNICOS PARA OTRAS SUBDIVISIONES POLITICAS (NO EL CONDADO)

To: Presiding Officer of Governing Body Al: Presidente de la entidad gobernante

As the authority responsible for having the official ballot prepared, I hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on _________________________________.

Como autoridad a cargo de la preparación de la boleta de votación oficial, por la presente certifico que los siguientes candidatos son candidatos únicos para elección para un cargo en la elección que se llevará a cabo el ___________________.

List offices and names of candidates: Lista de cargos y nombres de los candidatos:

Office(s) Cargo(s) Candidate(s) Candidato(s)

Signature (Firma) ___________________________________

___________________________________Printed name (Nombre en letra de molde)

___________________________________Title (Puesto)

___________________________________Date of signing (Fecha de firma)

(Seal) (sello)

Mayor Alvin NewSingle Member District 2 Dwain MorrisonSingle Member District 4 Fredd B. Adams, Jr.Single Member District 6 Charlotte Farmer

May 14, 2011

14 de mayo 2011

Alicia Ramirez

City Clerk

March 22, 2011

See reverse side for instructions (Instrucciones en el reverso)

Instructions for certification of unopposed candidates:

To initiate the cancellation process , the authority re sponsible for preparing the ballot must certify the unopposed status to the authority responsible for ordering the election. In a city e lection, this authority is the city secretary. In other elections , the authority is the secretary of the political subdivision’s governing body or, if the governing body has no secretary, the presiding officer of the governing body.

This document is filed with the presiding officer of the political subdivision. The governing body must meet, accept this certification, and issue an order or ordinance declaring the election cancelled and the unopposed candidates elected. The candidates may take the oath of office on or after the date of election, and the certificate of election should be issued after election day.

To complete the cancellation process, a copy of the order or ordinance canceling the election must be posted on Election Day at each polling place that would have been used in the election.

An election may be cancelled if:

1) Each candidate (for full or unexpired terms) whose name is to appear on the ballot is unopposed; 2) The election is one in which a declaration of write-in candidacy is required; and 3) No proposition is on the ballot.

In an electi on in which any members of the gover ning body are elected fr om si ngle-member districts, an election in a particular district m ay be cancelled if the candidate is unopposed and the electi on otherwise meets the above requirem ents (i.e., the re is no at-large candidate opposed on the ballot and/or no proposition). The election would conti nue in the norm al manner for the remainder of the political subdivision.

Note: It is not necessar y to preclear the c ancellation of an election under Section 5 of the Voting Rights Ac t according to the U.S. Department of Justice.

Instrucciones para la certificación de una elección con candidatos únicos:

Para inicia r el proce so d e ca ncelación, la a utoridad a cargo de p reparar la bolet a de votación d ebe certificar la condición de c andidatos úni cos a la autori dad a cargo d e ordena r la e lección. En u na elección m unicipal est a autoridad es el secretario municipal. En ot ras elecciones, la autoridad es el secretario de la entidad gobernante de la subdivisión política o, si la entidad gobernante no tiene secretario, el presidente de la entidad gobernante.

Este documento se debe presentar al presidente de la subdivisión política. La entidad gobernante debe reunirse, aceptar esta certificación y emitir una orden o una ordenan za en l a que declara l a cancelación de la elección y la elección de los can didatos únicos. Los ca ndidatos pueden se r inve stidos del cargo baj o juram ento e n la fecha d e l a elecci ón o después, y el certificado de elección debe ser emitido después de la fecha de la elección.

Para completar el proceso d e cancelación, se debe exhibir el Día de la Elección una copia de la orden u ordenanza de cancelación de la elección en todas las mesas electorales que se hubieran utilizado en la elección.

Una elección puede ser cancelada si:

1) Todos los candidatos(ya sea para períodos completos o períodos no expirados) cuyos nombres deben aparecer en la boleta de votación son candidatos únicos en su contienda;

2) la elección es una en la que se requie re un a declaración de las candid aturas no imp resas en la boleta de votación; y,

3) no hay ninguna propuesta en la boleta de votación.

En una elección en la que cualesquiera de l os integrantes de la entidad gobernante se eligen de distritos con un solo integrante, se puede cancelar una elección en un dist rito específico si hay un solo candidato y la elección cumple con los requisitos que anteceden (es d ecir no va aparecer ningun candidato en general que tenga oposición en la b oleta o ninguna propuesta). La elección continuaría de la manera normal para el resto de la subdivisión política.

Nota: No es necesario obtener autorización con anterioridad para la cancelación de una elección conforme la Sección 5 de la Ley de Derechos de Votación según el Departamento de Justicia de los Estados Unidos.

AW12-2 Prescribed by Secretary of State Section 2.051 – 2.053, Texas Election Code 03/07

SAMPLE ORDER OF CANCELLATION EJEMPLO DE ORDEN DE CANCELACIÓN

The ______________________________ hereby cancels the election scheduled to be held on

(official name of governing body) ____________________________________ in accordance with Section 2.053(a) of the Texas

(date on which election was scheduled to be held) Election Code. The follow ing candidates have been certified as unopposed and are hereby

elected as follows:

El _____________________________ por la presente cancela la elección que, de lo contrario,

(nombre oficial de la entidad gobernante)

se hubiera celebrado el _________________________________________ de conformidad, con (fecha en que se hubiera celebrado la elección)

la Sección 2.053(a) del Código de Elecciones de Texas. L os sigu ientes candidato s han sido

certificados como candidatos únicos y por la presente quedan eleg idos como se haya indicado

a continuación:

Candidate (Candidato) Office Sought (Cargo al que presenta candidatura) A copy of this order will be pos ted on Elect ion Day at each polling place that w ould have been used in the election. El Día de las Eleccion es se exhibirá una copia de esta orden en toda s las mesas electorales que se hubieran utilizado en la elección. ________________________ President (Presidente) ________________________ Secretary (Secretario) (seal) (sello) ________________________________ Date of adoption (Fecha de adopción) See reverse side for instructions Instrucciones en el reverso

alicia.ramirez

Typewritten Text

City of San Angelo

alicia.ramirez

Typewritten Text

Saturday, May 14, 2011

alicia.ramirez

Typewritten Text

City of San Angelo

alicia.ramirez

Typewritten Text

Sabado, el 14 dia de mayo 2011

alicia.ramirez

Typewritten Text

alicia.ramirez

Typewritten Text

Alvin NewMayor Dwain MorrisonCouncilmember, Single Member District 2 Fredd AdamsCouncilmember, Single Member District 4 Charlotte FarmerCouncilmember, Single Member District 6

alicia.ramirez

Typewritten Text

March 22, 2011

Instructions for sample order of cancellation:

To cancel a n election, t he governing body must fi rst receive and accept the ce rtification that all candidates in the ele ction are unopposed from t he authority responsible for preparing the ballot. In a city election, the certifying authority is the city secretary. In other elections, it is the secretary of the political subdivision’s governing body or, if the governing body has no secretary, the presiding of ficer of the governing body. The Secretary of State’s Certification of Unopposed Candidates form may be used or the authority may create its own certification form. The canc ellation order/ordinance must be adopte d in an ope n me eting. The candida tes ar e not required to be present. Certificates of election should be prepared for each unopposed candidate; however, the certificates of election should not be issued until Election Day. Candidates must wait u ntil on or after El ection Day to take the oath of office. Candidates m ay complete the Statement of Elected Officer p rior to Election Day. The S tatement should be kept locally; it does not need to be sent to the Secretary of State’s Office. Copies of this order/ordi nance must be posted on Election Day at each p olling pl ace that would have been used had the election not been cancelled. An election may be cancelled if: 1) Each candidate (for full or unexpired te rms) whose name is to appear on the ballot is

unopposed; 2) The election is one in which a declaration of write-in candidacy is required; and 3) No proposition is on the ballot. In an ele ction in which any me mbers of the g overning body are ele cted from sin gle-member districts, an election in a particular district may be cancelled if the candidate is unopp osed and the election otherwise meets the above requirements ( i.e., there is no at-large c andidate opposed on the ballot and/or no proposition). The election would continue in the normal manner for the remainder of the political subdivision.

Instrucciones para el ejemplo de orden de cancelación:

Para cancel ar una elección, la entidad gobernante pr imero debe recibir, y aceptar, la certificación de la autoridad a c argo de preparar la boleta de votación de que todos los candidatos en la elección son candidatos únicos. En una elección municipal esta autoridad es el secretario municipal. En otras elecciones es el secretario de la entidad gobernante de la subdivisión política o, si la entidad gobernante no tiene secretario, el presidente de la entidad gobernante. La entidad gobernante puede utilizar el formulario de Certificación de Candidatos Únicos de la Secretaría de Estado o crear su propio formulario de certificación. La orden/ordenanza de cancelación debe ser adoptada en una reunión abierta. No se requiere que los candidatos estén prese ntes. Se debe preparar un cer tificado de elección par a c ada c andidato único; sin e mbargo, los certificados de elección no se deben emitir hasta el Día de las Elecciones. Los candidatos deben esperar hasta el Día de las Elecciones, o hasta después de dicho día, para ser investidos del cargo bajo juramento. Los candidatos pueden llenar la Declaración de Funcionario Elegido antes del Día de las Elecciones. Este documento se debe mantener en los archivos locales. No es necesario enviarlo a la Oficina del Secretario de Estado. El Día de las Elecciones se debe exhibir una copia de esta orden/ordenanza en todas las mesas electorales que se hubieran utilizado en la elección si no hubiera sido cancelada. Una elección puede ser cancelada si: 1) Todos l os c andidatos (y a sea para períodos c ompletos o pe ríodos no e xpirados) cuyos n ombres de ben

aparecer en la boleta de votación son candidatos únicos en su contienda; 2) la elección es una en la que se requiere una declaración de l as candidaturas no impresas en l a boleta de

votación; y 3) no hay ninguna propuesta en la boleta de votación. En una elección en la que cualesquiera de los integrantes de la entidad gober nante se eligen de distritos con un solo integrante, se pue de cancelar una ele cción en un di strito específico si hay un solo candidato y la elección cumple c on l os re quisitos que anteceden (es de cir no va aparecer ningun candi dato e n ge neral que tenga oposición en la boleta o ninguna propuesta). La elección continuaría de la manera normal para el resto de la subdivisión política.

AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF SA N ANGELO, TEXAS, ACCEPTING THE CERTIFICATION OF UNOPPOSED STATUS F ROM THE CITY CLE RK FOR T HE POSITIONS OF MAYOR AND COUNCILME MBER, SINGLE ME MBER DI STRICT T WO (2), COUNCILMEMBER, SINGLE MEMBE R DIST RICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SI X (6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT T WO (2), COUNCIL MEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CA NCELED; DECLARING THAT ALVIN NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FREDD B. ADAMS IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SING LE MEMB ER DIS TRICT FOUR (4); AND CHARLOTTE FA RMER IS ELE CTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6); AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, the City Counc il of the City of San Angel o, Texas, on the 15 TH day of February, 2011, duly passed Ordinance No. 2011-02-019 calling a g eneral election t o be held on the second Saturday in May, 2011, same being the fourteenth (14th) day of May, 2011, for the purpose of electing a Ma yor, a Councilmember for Single Member District Two (2), a Counc ilmember for Sing le Member District Four ( 4), and a Councilmember for Single Member District Six (6) for the City of San Angelo, Texas; and

WHEREAS, pursuant to Sections 143.007 and 146.054, Texas Election Code, the deadline f or filing a pplications for a pla ce on the ballot an d declaration of write-in candidacy for the City of San An gelo, Texas’s regular municipal electi on have expired; and

WHEREAS, pursuant to Section 2.052 of t he Texas Election Code, the City Clerk has certified in writing that Al vin New, Dwain Morrison, Fr edd B. Adams, and Charlotte Framer are unoppos ed in the election for the respecti ve offices of Mayor, Singl e Member District 2, Single Member District 4, and Single Member District 6, as of the filing deadline for City Council positions at 5:00 p.m. on March 14, 2011; and

WHEREAS, pursuant to Section 2.053 of t he Texas Election Code, on receipt of the certification, the gover ning body of the political subdiv ision by order or ordinance may declare each unopposed candidate elected to the office and cancel the election;

NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS:

SECTION 1: That on receipt of the cert ification of the unoppo sed status of each candidate, the City Counc il of the City of San Angelo, Te xas, hereby accepts the certification from the City Clerk and declar es that the following unopposed candidates are elected to their respective office:

ALVIN NEW, OFFICE OF MAYOR DWAIN MORRISON, COUNCILMEMBER, SINGLE MEMBER DISTRICT 2 FREDD B. ADAMS, COUNCILMEMBER, SINGLE MEMBER DISTRICT 4 CHARLOTTE FARMER, COUNCILMEMBER, SINGLE MEMBER DISTRICT 6

SECTION 2: That each candidate shall assume their duties of office the first week day of May following the date upon which the regular City election was to be held.

SECTION 3: That pursuant to Section 2. 053(b) of the Texas El ection Code, the City Council of the City of San Angelo, Texas, declares that the election for Mayor and Councilmember, Single Member District Tw o (2), Councilm ember, Single Member District Four (4), and Counc ilmember, Sing le Member District Six (6), previously scheduled for May 14, 2011, is hereby canceled.

SECTION 4: That the Mayor is hereby dir ected to deliver to the following candidates: Alvin New, Dwain Morrison, Fredd B. Adams, and Charlotte Farmer, a certificate of election, naming therein the office to wh ich each has been elected, the date on whic h such election was to be held and shall sign the same and cause the seal of the City to be impressed thereon, pursuant to Section 67.016 of the Texas Election Code. The said certificates shall be prepared for the signature of the Mayor by the City Clerk as soon as possible after the receipt of the certification of unopposed status and the passage of this Ordinance. The candidate must qualify for the office in t he same manner as provided for a candidate elected at the election.

SECTION 5: That each candidate declared elect ed shall subscribe to his oath of office before entering upon the duties of his or her office.

SECTION 6: That the writt en certification of unopposed st atus prepared by the Cit y Clerk and delivered to the City Council is attached hereto as Exhibit "A" and is made a part hereof for all purposes.

Section 7: That a copy of this ordinanc e shall be posted on May 14, 2011, the day on which the election was to be held, at each polling place used or t hat would have been used in the election.

Section 8: Should any section, provision, clause, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby.

SECTION 9: That thi s Ordinance shall be in full force and effect from and after its passage and approval.

INTRODUCED on the 22 nd day of March, 2011, and finally PASSED, APPROVED and ADOPTED on this the 5th day of April, 2011.

THE CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: _________________________ _______________ _____________ Lysia H. Bowling, City Attorney Alicia Ramirez, City Clerk

San Angelo, TX

Graduate of the University of Texas at Arlington with BBA in Finance in 1972. Graduatedfrom the Southwestern Graduate School of Banking at Southern Methodist University in 1976.

Worked for Arlington Bank & Trust (eventually became Texas Commerce Bank and is now J PMorgan/Chase) in various capacities from 1969 to 1991.

Was hired by Texas Bank (aka Texas State Bank) in 1991 as President and CEO to replacethe retiring President and CEO.

Past Chairman or President of the following San Angelo not-for-profit agencies:

Rio Concho, Inc.United Way of the Concho Valley

Selected as member of Ambassadors Roundtable 2005Concho Valley Boy Scouts of America

James E West FellowSilver Beaver Award

Sonrisas Therapeutic RidingSan Angelo Family YMCA

Co-chair with Don Griffiof Capital Campaign that raised $4.8 million to build new YMCAVolunteer of the Year 2000Volunteer of the Year 2004

Angelo State University’s President’s Circle (now ASU Foundation)San Angelo Sunrise Rotary Club

Multiple Paul Harris FellowFour Avenues of Service Citation 2007/2008Rotarian of the Year 2008/2009

San Angelo Chamber of Commerce (Chairman 2007)Outstanding Chairperson Award 2000 (Priority One Chairperson)

Currently serves on the following Boards:ASU FoundationConcho Valley Boy Scouts of America (Advisory)San Angelo Area Foundation, one of the Founding Board Members, will be Chairman in 2011

Active as a Mentor in the San Angelo Public Schools for the past 16 yearsMentor of the Year at Santa Rita Elementary School in 1996

Married to Linda for 35 years, three children.Member Glen Meadows Baptist Church. Past Chairman of Finance Committee, Vice-Chairman of Long Range Planning Committee.

City of San Angelo



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405


Consideration of nominating at large appointment to the Tax Increment Reinvestment Zone

Summary/HIstory Since October 2007, position is currently held by Gary Hodges, DVK, and member is willing to serve another term.

We currently have two vacant At la rge a ppointments. Per the ordin ance membership criteria, such appointments should be from SMD 3 and SMD 5.

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a


None.

Attachments: TIRZ Board Listing

Presentation: None.

Publication: None.


n/a

Approved by Legal: n/a

city council march 22, 2011 agenda packet

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