july 2, 2013 agenda packet

City Council Agenda of 3 July 2, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, July 2, 2013 McNease Convention Center, South Meeting Room

500 Rio Concho Drive San Angelo, TX 76903

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

C. Proclamations

“Texas Hunger Initiative – Kids Eat Program”, Monday, July 8th, to be accepted by Mary Herbert, Regional Director, Texas Hunger Initiative and Betty Teston, Child Hunger Outreach Specialist, Texas Hunger Initiative, of the San Angelo Office

D. Recognitions

Whataburger Restaurant at 4646 Knickerbocker Road, to be accepted by Eleanor Hooten and Anna Meza, Managers

City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City for their continued progress towards achieving financial transparency, to be accepted by Morgan Chegwidden, Budget Manager, Laura Brooks, Senior Budget Analyst, and Bill Smith, Chief Accountant

E. Public Comment

The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.

II. CONSENT AGENDA 1. Consideration of approving the June 18, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid WU-06-13 for the 2013 Water Line Improvements Contract No. 1 to

QRO MEX Construction Company, Inc. of Granite Shoals, Texas in the amount of $1,344,648.00, and authorizing the City Manager to execute said contract, in substantially the attached form, and any related documents (submitted by Water Utilities Director Ricky Dickson)


3. Consideration of awarding bid WU-05-13 Water Utilities Grinder Pumps and Spare Parts to Morrison Supply Company and Smith Pump Company, Inc. based on lowest unit bid in compliance with the bid requirements for each specific item (submitted by Assistant Water Utilities Director Kevin Kruger)

4. Consideration of authorizing the sale of 6630 Knickerbocker Road (Martinez) for the appraised value of $21,612.00 and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property, subject to completion of all curative requirements (submitted by Water Utilities Director Ricky Dickson)

5. Consideration of authorizing the payment in the amount of $63,646.00 to Midwest Employers Casualty Company for Excess Workers Compensation Deposit Premium for policy year 7/1/13-7/1/14 (submitted by Risk Manager John Seaton)

6. Consideration of adopting a Resolution of the City of San Angelo authorizing the Mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: (submitted by Real Estate Administrator Cindy Preas) a. 213 W Avenue R, (Perez), Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort

Concho, $750, Suit No. TAX90-0162B b. 1916 Shelton, (Orona), S ½ of Lot 12, Block 3, Home Acres, $2,500, Suit No. B-00-0043-T

7. Consideration of adopting a Resolution authorizing release of a 20 foot by 300 foot utility easement located within the bounds of the Red Arroyo Hills Addition, Section 5, Block 2, Lot 4b in Southwest San Angelo, and providing for the Mayor to execute and deliver a legal instrument formally releasing and discharging such easement (submitted by Interim Director of Development Services AJ Fawver)

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, under the following sections: • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property • Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the

governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter

G. PUBLIC HEARING AND COMMENT

8. Presentation of the Downtown San Angelo, Inc., 1st Quarter Report (Presentation by DSA Executive Director Del Velasquez and Board President Brenda Gunter)

9. Discussion and possible action regarding the fiscal year 2013-2014 budget preparation (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

10. Discussion and possible action regarding excess Hotel Occupancy Tax receipts (Presentation by Budget Manager Morgan Chegwidden)

11. Consideration of approving the allocation of $30,000.00 of hotel occupancy tax revenues to a City event account and the creation of revenue and expenditure accounts for City events, primarily “River Fest” (Presentation by Parks and Recreation Director Carl White)

12. Update and presentation on Hickory Aquifer Water Supply Project (Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson)


13. Discussion of drought levels and related matters as outlined in the Water Conservation Drought Contingency Plan (Presentation by Water Utilities Director Ricky Dickson)

14. Update and presentation on MedHab, LLC, economic incentive project (Requested by Councilmember Silvas and presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

15. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 16. Consideration of approving various Board nominations by Council and designated Councilmembers:

a. Civic Events Board: Darlene Jones (SMD5) to an unexpired term October 2014 b. Development Corporation: Tommy Hiebert (SMD2) to an unexpired term February 2015 and

Richard Crisp (SMD5) to an unexpired term February 2014 c. Planning Commission: Teri Jackson (SMD5) to an unexpired term January 2016

17. Announcements and consideration of Future Agenda Items 18. Adjournment

The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, June 28, 2013, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N

WHEREAS, the Texas Hunger Initiative is a collaborative effort – both statewide and locally.

Our goal is to end hunger in Texas through policy, education, research, grassroots organizing and community development; and

WHEREAS, San Angelo is one of twelve Texas cities selected as an outreach center to

establish a regional office to recruit and train community partners to identify residents who could be eligible for the state’s Supplemental Nutrition Assistance Program and who by participating will allow more access points for residents to apply for benefits; and

WHEREAS, in Tom Green County more than one in four families with children had times

during the last year when there was not enough money to buy food – that’s 5,400 households in San Angelo, and

WHEREAS, the goal for the Tom Green County Hunger Initiative for 2013 is to feed more

children during the summer when school is not in session. In San Angelo, over 8,600 students receive free or reduced meals when school is in session – more than 60% of all students; and

WHEREAS, after summer school ends on June 28th, local churches, ministries, organizations,

businesses and numerous individuals have committed to provide meals in eight San Angelo neighborhoods and at one site in Carlsbad in July and August.

NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim 2nd day of July, 2013 as

“July 2013 – Kids Eat! Summer Meals Initiative Month” In San Angelo, Texas, and urge all citizens to support the initiative’s goal for 2013…feed the children, our city’s future leaders.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 2nd day of July, 2013.

THE CITY OF SAN ANGELO ___________________________

Dwain Morrison, Mayor

For immediate release June 13, 2013

SAFD, Fire Marshal respond to hydrochloric acid spill

The San Angelo Fire Department, the City’s Fire Marshal and a hazardous materials team from Goodfellow Air Force Base contained a hydrochloric acid spill in southwest San Angelo on Thursday, allowing for the responsible party to clean the impacted area. The spill resulted in no injuries or illnesses. The City’s emergency dispatch at 8:44 a.m. received a call about the spill in the parking lot of La Quinta Inn and Conference Center, 2307 W. Loop 306. The San Angelo Fire Department responded with four fire engines, a rescue truck, two ambulances and its command staff. The SAFD also summoned Fire Marshal Ross Coleman and the GAFB haz-mat team to the scene. A 3,000-gallon tanker truck owned by Refinery Specialties, Inc. of Bryan was leaking the acid, which is used for cleansing and hydraulic fracturing in the oilfield, from a cracked inlet/outlet pipe when it parked in the hotel’s lot. An estimated 300-350 gallons of hydrochloric acid oozed from the truck before two Goodfellow firefighters cloaked in haz-mat suits were able to plug the leak. The City’s Operations Department used 35 yards of sand to build a series of dikes to contain the toxic acid, which can be lethal if concentrated fumes are breathed. Most of the acid was contained to a curb within a few feet of the truck, although some flowed deeper into the parking lot and near a neighboring property. To ensure the public’s safety, the hotel’s 24 occupants and 14 employees were evacuated, as were two neighboring businesses downwind from the spill. The southbound access road on the west side of Loop 306 was also shut down from near College Hills Boulevard to Knickerbocker Road. The access road was reopened by 2 p.m. The hotel is expected to reopen this evening. Once the spill was contained, cleaning it became the responsibility of Refinery Specialties. The company sent three half-full tankers of water to dilute the acid in the leaking tanker, which was vacuumed back into the water trucks and hauled away. RSI expected to continue cleaning the site and removing contaminated materials into

Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 [email protected]

Thursday evening. Any remnants of the acid on the ground will be neutralized to a pH level at which they could safely wash into nearby drains. A meter was installed on a hydrant from which RSI pumped water so the company could be charged for its water use. The SAFD will also be invoicing the company for its response, using a rate structure particular to hazardous material incidents. Fire Chief Brian Dunn did not have an estimate of the charges, but said they will likely be in the tens of thousands of dollars. The neighboring Whataburger at 4646 Knickerbocker Road donated 75 meals of burgers, fries and drinks to all of the first-responders and to the La Quinta evacuees – which Dunn called “greatly appreciated and unbelievably generous.” The local chapter of the Red Cross offered a temporary shelter for the hotel occupants at Southland Baptist Church. “Red Cross is so thankful for partnerships such as this that allow us to fulfill our mission,” said Janet Karcher, executive director of the Central Texas Region of the American Red Cross. “The employees of Whataburger were amazing continuing to service their customers along with this event.” Other agencies that responded to the spill include the Texas Commission on Environmental Quality, the San Angelo Police Department and the Texas Department of Public Safety.

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To recognize the Whataburger Restaurant at 4646 Knickerbocker Road for generously donating 75 meals of hamburgers, fries and drinks to all the first-responders and evacuees from a neighboring property during the June 13 response to a hydrochloric acid spill. Although the incident swamped the restaurant and its parking lot, we were all impressed by how extremely courteous, professional, cooperative and generous of all the Whataburger employees.

Press Release

For immediate release June 20, 2013

City’s Finance Department recognized for transparency of fiscal info

The City of San Angelo has earned the Silver Leadership Circle Award from the Texas Comptroller of Public Accounts for its efforts to give local taxpayers a transparent view of how their tax dollars are being spent. The comptroller’s office tracks the financial transparency of cities, counties and school districts statewide, recommending that local governments post key financial documents online, including the annual budget and financial report. Calling financial transparency “an ongoing goal for any government entity,” Comptroller Susan Combs launched the Leadership Circle program in 2009 to recognize governments that meet a high standard for financial transparency online. Specifically, the comptroller spotlights local governments that: · Open their books to the public. · Provide clear, consistent pictures of spending. · Share information in a user-friendly format that lets taxpayers easily drill down for

more information. The Leadership Circle Award is the second such recognition the City’s Finance Department has garnered this year. Previously, the Budget Division received the Distinguished Budget Presentation Award for the City’s 2012-13 fiscal year budget from the Government Finance Officers Association of the United States and Canada. The City Council will recognize the latest award at its July 2 meeting by congratulating Budget Manager Morgan Chegwidden, Senior Budget Analyst Laura Brooks and Chief Accountant Bill Smith on their efforts. “We’re honored to be recognized in this way, while realizing we can always do more to help citizens better understand how their tax dollars are spent,” Chegwidden said. “This award definitely serves to fortify that commitment.”

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Public Information Division Anthony Wilson, Public Information Officer 72 W. College Ave. Office: 325.481.2727 Cell: 325.234.0014 [email protected]

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 595 Tuesday, June 18, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at A.M., Tuesday, June 18, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, with the exception of Mayor New, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Rev. Jerry Roach and pledge was led by Jonathan Thompson, son of Steven Thompson, Computer Support Specialist, for the City’s Information Technology Division.

PROCLAMATION AND RECOGNITIONS

“Small Business Week”, week of June 17-21, 2013, to be accepted by Dave Erickson, Small Business Development Center Director

“Monte Maxwell”, Organist, United States Naval Academy, Performing at the First Christian Church, Thursday, June 20, 2014 at 7:00 p.m.

“Public Information Office”, recognized by the Texas Association of Municipal Information Officers State Conference on June 7 and received a statewide award for the Best Use of Social Media, 2nd Place, and Best Media Relations, 3rd Place was accepted by Anthony Wilson, Public Information Officer, and Brian Groves, Multimedia Coordinator.

PUBLIC COMMENT

Public comment was made by Jerry Sea, member of St. Paul Baptist Church and West Texas Opportunity Strategy regarding rental housing gouging and possibly utilizing the ½ cent sales tax revenue as a supplemental program.

CONSENT AGENDA

APPROVAL OF THE JUNE 4, 2013 CITY COUNCIL REGULAR MEETING MINUTES

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SAN ANGELO CULTURAL AFFAIRS COUNCIL (SACAC) FOR THE PROVISION OF PROGRAMS WHICH ENCOURAGE, DEVELOP, PROMOTE AND IMPROVE EDUCATIONAL AND CULTURAL OPPORTUNITIES IN THE COMMUNITY, PROVIDE PROGRAMS WHICH ENCOURAGE PARTICIPATION AND APPRECIATION OF THE ARTS, AND PROVIDE FOR THE ADMINISTRATION OF SUBGRANTS TO QUALIFYING ORGANIZATIONS, THROUGH FUNDING ALLOCATED FROM

Minutes Vol. 104 June 18, 2013 CITY HOTEL OCCUPANCY TAX REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE (Page 603, #2013-06-089)

ADOPTION OF A RESOLUTION AUTHORIZING APPLICANT, SPECIALTY SPORTS, INC., DBA SKI SKELLER SPORTS, TO HOLD A SPECIAL EVENT AT LAKE NASWORTHY KNOWN AS “WAKE THE DESERT”; PERMITTING SPECIFIED ACTIVITIES; IMPOSING REQUIREMENTS ON APPLICANT; AND GRANTING VARIANCES RELATING TO RULES AND REGULATIONS OF LAKE NASWORTHY, PARK ORDINANCES AND THE CITY’S NOISE ORDINANCE (Page 605, #2013-06-090)

CONSIDERTATION OF APPROVING OF A RECREATIONAL OR AGRICULTURAL LEASE AGREEMENT (PRICE) FOR 2.616 ACRES OF LAND LOCATED ADJACENT TO THE LAKE OR RIVER AND AUTHORIZING THE CITY MANAGER OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME (SUBMITTED BY WATER UTILITIES DIRECTOR RICKY DICKSON) (Discussed in Regular Agenda)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 609, #2013-06-091)

Z13-17: P.V. McMinn, Jr.

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: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-18: Loren Edwards

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: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Minutes Page 597 June 18, 2013 Vol. 104 Z 13-12: NE Interests- Charlie Nicholas

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: An unaddressed tract of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z13-16: OK Holdings, LLC

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-19: Rocky Spoonts

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: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY FOR ELLIS STREET EXTENDING APPROXIMATELY 315’ EAST/WESTWARD BETWEEN BLOCKS 5 & 6 OF THE EASTLAND HEIGHTS ADDITION, IMMEDIATELY ADJACENT TO PROPERTY OWNED BY A RAILROAD COMPANY IN NORTH CENTRAL SAN ANGELO (Page 619, #2013-06-096)

Minutes Vol. 104 June 18, 2013 AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

Motion, to approve the Consent Agenda, as presented, with the exception of #4, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF A RECREATIONAL OR AGRICULTURAL LEASE AGREEMENT (PRICE) FOR 2.616 ACRES OF LAND LOCATED ADJACENT TO THE LAKE OR RIVER AND AUTHORIZING THE CITY MANAGER OR WATER UTILITIES DIRECTOR TO EXECUTE THE SAME Water Utilities Director Ricky Dickson presented background information. Councilmember Alexander commented on the lake area in regards to removal of trees in the area and allowing the lessee the ability to remove the large trees as by this contract Motion, to approve the lease agreement, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE RENAMING “RIO VISTA PARK” LOCATED AT THE 2700 BLOCK OF BEN FICKLIN ROAD AS “JAIME PADRON MEMORIAL PARK”, IN HONOR OF JAIME PADRON, PURSUANT TO THE RECOMMENDATION OF THE CITY OF SAN ANGELO PARKS AND RECREATION ADVISORY BOARD (Page 621, #2013-06-097) Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mr. White distributed additional letters of support. Public comments in support of the park renaming were made by Austin Chief of Police Art Acevedo, Linda Diaz, Officer Brian Bylsma, San Angelo Police Chief Tim Vasquez, and Officer Matt Baldwin. Councilmember Silvas commended Mr. Prichard for his idea to rename the park and the Padron Family. Motion, to adopt the Resolution, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Responding to a question by Councilmember Alexander, Mr. White explained a plaque will be displayed of the memorial. A vote was taken on the motion on the floor. Motion carried unanimously. APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO Interim Senior Planner Jeff Hintz presented background information. A copy of the presentation is part of the Permanent Supplement Record.

Minutes Page 599 June 18, 2013 Vol. 104 General discussion was held on various zoning classifications within the area, future growth, the thoroughfare plan, Public comment was made by Brandon Sanders of Steve Eustis Realty. Motion, to approve, was made by Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously. RECESS

At 10:11 A.M., Mayor Pro Tempore Farmer called a recess.

RECONVENE

At 10:28 P.M., Council reconvened, and the following business was transacted:

Public comment was made by Eva Horton, President of Fairmount Cemetery Board regarding the City Council consideration during the budget sessions and the water issues. Councilmember Farmer suggested City Manager Daniel Valenzuela include the subject matter during the budget sessions. PUBLIC HEARING TO RECEIVE PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 24.484 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED DIRECTLY WEST OF AN 8.995 ACRE TRACT ANNEXED TO THE CITY LIMITS ON MARCH 5, 2013 THAT COMPRISES THE PROPOSED PRESTONWOOD ADDITION, SECTION TWO Interim Director of Development Services AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mayor Pro Tem Farmer opened the floor to receive public comment. No public comment was received. Farmer closed the comment period. PUBLIC HEARING TO RECEIVE CITIZEN INPUT ON REQUESTED PROJECTS TO BE CONSIDERED FOR FUNDING WITH GRANT YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND DISCUSSION AND DELIBERATION ON FUNDING ALLOCATIONS FOR SAID FUNDS Neighborhood and Family Services Housing Coordinator Mauri Rodriguez presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the rental subsidy program, increases in the various programs, and dramatic decrease in the housing rehab project. Mr. Salas explained the decreases in the emergency repairs project were result of a previous year carryover, which would not be eligible for this year, as well as cuts to the federal program. General discussion was held on the client escrow accounts, maintenance costs, and home buyers assistance program. Mayor Pro Tem Farmer opened the floor to receive public comment. No public comment was received. Farmer closed the comment period. DISCUSSION ON CITY OF SAN ANGELO CODE OF ORDINANCES SEC. 8.105: NOISE FROM A MOTOR VEHICLE REGARDING ENFORCEMENT MEASURES OF LOUD STEREO MUSIC EMITTING FROM VEHICLES

Minutes Vol. 104 June 18, 2013 Requested by Councilmember Silvas, Police Chief Tim Vasquez and Assistant Police Chief Robert Martinez presented background information. Responding to questions by Councilmember Silvas, Mr. Martinez informed the ordinance is enforced, the majority of offenders plead out their cases which do not go to Municipal Court, officers citing the offenders, imposing stricter penalties to offenders in moving vehicles, citizens having the right to file charges in Municipal Court of any offender, the lack of intent within the ordinance language, and mobile apps to report violations available to the public. City Attorney Lysia H. Bowling remarked on the Transportation Code statute. DISCUSSION REGARDING THE FISCAL YEAR 2013-2014 BUDGET PREPARATION Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part of the Permanent Supplement Record. UPDATE AND PRESENTATION REGARDING THE HICKORY AQUIFER WATER SUPPLY PROJECT Water Utilities Director Ricky Dickson presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on the engineering costs, the amount expended to date, estimated cost figures for well expansion #1 and #2, utilizing contingency funds for overages or unexpected costs, Councilmember Vardeman: pumping restrictions under the Hickory Water Development water district, reasons for expanding the well field, capacity of the filtration plant, associated costs per 1000 gallons of water to be passed on the customer $5.29, current conditions of the area lakes, limited resources, critical path in continuing the project, the seriousness of the matter, amendments to the existing water conservation ordinance in regards to the drought level stages, and exploring other options for water resources. Public comments were made by Jerry Sea, member of West Texas Opportunity Strategy. UPDATE AND PRESENTATION REGARDING THE STATUS AND PROGRESS OF THE HOUSING COMMITTEE AND SUBCOMMITTEES IN REFERENCE TO MULTI-FAMILY LIVING, SINGLE FAMILY LIVING, AND TEMPORARY HOUSING IN THE FORM OF CAMPGROUNDS/RV PARKS AND EXTENDED STAY SITUATIONS AS DIRECTED BY CITY COUNCIL AT THE APRIL 2, 2013 JOINT SESSION WITH THE PLANNING COMMISSION City Manager Daniel Valenzuela, Interim Senior Planner Jeff Hintz, and Assistant City Manager/Chief Financial Officer Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplement Record.

Mr. Valenzuela remarked on staff’s concerns regarding the over building of housing and the negative impact or adverse affects once the economic growth slows down.

General discussion was held on utilizing existing manufactured home parks, as well as designated areas within the city, and balancing the risk to reward ratio.

RECESS

At 12:03 P.M., Mayor Pro Tem Farmer called a recess.

RECONVENE

At 12:20 P.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 12:20 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to

Minutes Page 601 June 18, 2013 Vol. 104 Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.

RECESS

At 1:45 P.M., Mayor Pro Tem Farmer called a recess.

RECONVENE

At 1:51 P.M., Council reconvened, and the following business was transacted: CONTINUANCE OF THE UPDATE AND PRESENTATION REGARDING THE HICKORY AQUIFER WATER SUPPLY PROJECT

Mayor Pro Tem Farmer requested further discussion be held on the Hickory Aquifer Water Supply Project. City Council concurred.

Ms. Farmer directed staff to provide the contract term dates pertaining to Hickory Project regarding the engineering firm, the percentage of project completed to date, and a budget analysis of the project outlining the initial contract value, the amount of expenditures paid to date, and the remaining balance of the project to be paid at the next scheduled meeting in July 2013. Councilmember Hirschfeld suggested staff utilize the same line item format presented in today’s presentation to illustrate the actual expenditures.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

No action was taken on matters discussed in Executive/Closed Session.

APPROVAL OF A BOARD NOMINATION BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Planning Commission: Mark Crisp (SMD2) to an unexpired term January 2014

Motion, to approve the board nominations by Council and designated Councilmembers, was made by Councilmember Hirschfeld and seconded by Councilmember Vardeman. Motion carried unanimously.

ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Daniel Valenzuela distributed the proposed July 2, 2013 Agenda and solicited Council comments and suggestions.

Councilmember Farmer provided the Ports-to-Plains Report update for the record.

Councilmember Farmer announced she and Dwain Morrison would be attending the Ports-to-Plains conference in Sonora on July 2013.

Councilmember Farmer requested the water conservation ordinance amendment on regarding the Stage III drought level language on the July 16, 2013 meeting. She also requested an update on stormwater fee, uses, and potential uses during the budget sessions.

Councilmember Hirschfeld suggested staff continue to consider implementing water conservation efforts and programs, and possibly utilizing stormwater revenue to fund in part an incentive program.

Councilmember Alexander commented that Stormwater fees can only be utilized to assist in quality issues, and suggested staff research the possibly be utilizing the fee for future quantity issues, e.g. flood control. He also suggested staff clarify the duties between departments, specifically noting the Stormwater Department is tasked with mowing various areas, and the maintenance and cost of the equipment.

Minutes Vol. 104 June 18, 2013 Councilmember Silvas requested an update on the MedHab economic incentive project. He also requested information on the bids going out to contractors to cut dead trees along the river and requested an update at a future meeting.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Alexander. Motion carried unanimously.

The meeting adjourned at 2:02 P.M.

THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

Y:\13-RFX\Water Utilities\WU0613 Water Line Improvement\Bid Tab-WU0613-Detail

City of San AngeloBID TABULATION * RFB NO: WU-06-13 * June 13, 2013

Water Line Improvements 2013-Contract 1

No Item Description Units Qty Unit Cost Extended Unit Cost Extended Unit Cost Extended 1 8" AWWA C900 CLASS 150 PVC PIPE LF 10,674 100.15$ $ 1,069,001.10 61.00$ $ 651,114.00 65.00$ $ 693,810 00

2 8" AWWA C900 DR18 CERTA-LOK PVC PIPE LF 960 124.41 119,433.60 115.00 110,400.00 70.00 67,200 00

3 6" AWWA C900 CLASS 150 PVC PIPE LF 1,434 62.64 89,825.76 64.50 92,493.00 59.00 84,606 00

4 4" AWWA C900 CLASS 150 PVC PIPE LF 263 57.56 15,138.28 59.00 15,517.00 40.00 10,520 00

5 2" CLASS 200 SDR 21 PVC PIPE LF 301 50.71 15,263.71 41.10 12,371.10 35.00 10,535 00

6 8" RESILIENT SEAT GATE VALVE EA 53 1,966.78 104,239.34 1,360.00 72,080.00 1,200.00 63,600 00

7 6" RESILIENT SEAT GATE VALVE EA 21 1,654.76 34,749.96 950.00 19,950.00 800.00 16,800 00

8 4" RESILIENT SEAT GATE VALVE EA 4 1,540.11 6,160.44 810.00 3,240.00 700.00 2,800 00

9 2" GATE VALVE EA 3 1,130.88 3,392.64 475.00 1,425.00 475.00 1,425 00

10 14"x 8" WET TAP EA 1 3,493.19 3,493.19 2,210.00 2,210.00 3,500.00 3,500 00

11 12"x 8" WET TAP EA 1 3,027.25 3,027.25 1,700.00 1,700.00 3,000.00 3,000 00

12 10"x 8" WET TAP EA 1 2,968.82 2,968.82 1,605.00 1,605.00 3,000.00 3,000 00

13 8"x 8" WET TAP EA 3 2,962.00 8,886.00 1,515.00 4,545.00 2,500.00 7,500 00

14 6"x 6" WET TAP EA 3 2,591.97 7,775.91 1,200.00 3,600.00 2,500.00 7,500 00

15 FIRE HYDRANT ASSEMBLY EA 11 7,329.76 80,627.36 5,900.00 64,900.00 2,800.00 30,800 00

16 1" SERVICE LINE EA 111 846.00 93,906.00 1,410.00 156,510.00 980.00 108,780 00

17 2" SERVICE LINE EA 19 1,125.60 21,386.40 1,360.00 25,840.00 1,810.00 34,390 00

18 BORE WITH 14" STEEL ENCASEMENT PIPING FOR 8" PVC LF 175 230.84 40,397.00 145.00 25,375.00 200.00 35,000 00

19 BORE WITH 12" STEEL ENCASEMENT PIPING FOR 6" PVC LF 75 200.68 15,051.00 116.00 8,700.00 200.00 15,000 00

20 BORE WITH 2" COPPER ENCASEMENT PIPING FOR 1" PVC LF 65 1,547.77 100,605.05 20.10 1,306.50 100.00 6,500 00

21 RELOCATION OF SERVICE EA 5 1,680.00 8,400.00 470.00 2,350.00 950.00 4,750 00

22 TRENCH SAFETY LF 13,632 0.09 1,226.88 0.15 2,044.80 1.00 13,632 00

23 CONTINGENCY LS 1 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000 00

TOTAL 1,964,955.69$ 1,399,276.40$ 1,344,648.00$

Bid Bond: Yes Yes Yes

Bids Mailed To:Benmark Supply Midland TXBig Country Water Works Brownwood TX

CM Construction San Angelo TX

Darnell Construction, LLC San Angelo TX

Dickson Underground Utility Construction, LLC San Angelo TX

HD Supply Waterworks Waco TXHousley Communication Inc San Angelo TXJENCO San Angelo TXMorrison Supply San Angelo TXReece Albert San Angelo TXRoberts Construction San Angelo TXTexas Water & Soil San Angelo TXUS Filter Waco TXMcGraw-Hill Dodge Reports Hot Springs ARAGC Plan Room/Wichita Falls Wichita Falls TX

Darnell Construction Housley QRO Mex Construction

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CONTRACT FOR CONSTRUCTION OF 2013 WATER LINE IMPROVEMENTS

RFB No. WU-06-13

This Contract is entered into this ___ day of ____________, 2013 (but effective as of

__________________,2013)(“effective date”) by and between the City of San Angelo, a home-

rule municipal corporation of the State of Texas (“City”) and Qro Mex Construction Co., Inc., a

Texas corporation, (“Contractor”).

RECITALS:

A. City has issued a Request for Bid No.WU-06-13 Water Utilities 2013 Water Line

Improvements Contract No. 1 (“RFB No.WU-06-13”) for the replacement of existing water

mains in East Harris Avenue, North Main Street, Ben Ficklin Road and Avenue D, as specified

in the Contract Documents (“Work”); and Contractor’s bid, in response thereto, has been

selected as the most qualified proposal for the provision of Work.

B. The Council of the City of San Angelo approved the selection of Contractor on

________________, 2013, and authorized the City Manager to negotiate and execute a Contract,

under the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein

contained, City and Contractor agree as follows:

TERMS:

1. RECITALS: The recitals are true and correct and are hereby incorporated into and made

a part of this Contract.

2. STATEMENT OF WORK:

A. Contractor shall be responsible for completing Work described in RFB No.WU-

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06-13 for the replacement of existing water mains in East Harris Avenue, North Main Street, Ben

Ficklin Road and Avenue D, as specified in the Contract Documents.

B. Contractor shall provide all labor for preparing the worksite and furnish all

material, accessories, labor, and equipment necessary for completing the construction,

replacement and installation; and, all other Work specified in the technical specification

documents and drawings included with the Contract Documents incorporated herein by reference

in Section 7. of this Contract and in accordance with the terms and conditions set forth herein

and within those Contract Documents.

3. TIME OF PERFORMANCE: Contractor agrees to substantially complete Work within

three hundred sixty-five (365) consecutive calendar days (“Contract Time”) after the date Work

commences as established by the Notice to Proceed. Contractor further agrees that approval for

beginning Work on the project will not be given and that Work will not start until all required

bonds and insurance certificates specified in the bid documents have been received and approved

by City.

4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of

performance is of the essence in this Contract and that City will suffer financial loss if Work is

not substantially complete within the time specified in Section 3. above, plus any extensions

thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved

in proving in a legal proceeding the actual loss suffered by City if Work is not substantially

complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a

reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for

Contractor to pay City Five Hundred and 00/100 Dollars ($500.00) for each calendar day that

expires after the time specified in Section 3. until Work is substantially complete. Therefore,

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Contractor shall pay City as liquidated damages Five Hundred and 00/100 Dollars ($500.00) for

each calendar day that expires after the time specified in Section 3. until Work is substantially

complete.

5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced

in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of One

Million Three Hundred Forty-Four Thousand Six Hundred Forty-Eight Dollars ($1,344,648.00)

subject to adjustment only as provided by approved change order, for all Work covered by and

included in the contract award; payment thereof to be made in current funds in the manner

provided in Section 6. Payment Procedure.

6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in

accordance with the General Conditions as shown in RFB No. WU-06-13 and City shall process

the Applications for Payment in accordance with the General Conditions, except that progress

payments and the final payment under this Contract shall be made as set forth below:

A. Progress Payments. City shall make progress payments of the Contract Price on

the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after

submittal of the Application for Payment each month as provided below. All progress payments

shall be based upon the progress of Work measured as provided for in the General Conditions.

1) Contractor shall subdivide Work into component parts in sufficient detail to

serve as the basis for progress payments during construction. Partial payment

retainage shall not exceed five percent (5%) of the total bid price and shall be

released when component part is complete and accepted. Upon approval of the

value by City, it shall be incorporated into the form of a Partial Payment Estimate

furnished by Contractor.

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2) For materials delivered on the site which are to be fabricated into the work,

payment will be allowed for one hundred percent (100%) of the material cost, less

any payments previously made for materials on hand not yet in place but to be

included in the work, less retainage. For water lines, fittings, valves, fire hydrant

assemblies and related work partial payment shall be made for completion of the

individual section of work identified and more fully described in RFB. No. WU-

06-13, Technical Specifications, Section 3.1.20 of the General Notes, entitled

“Approximate Breakdown of Quantities.” The Work shall be performed in the

manner and sequence more fully described in Technical Specifications, General

Notes, Sections 3.1.18 and 3.1.19.

3) Upon substantial completion as described in the General Conditions, City shall

pay an amount sufficient to increase total payments to Contractor to Ninety Five

Percent (95%) of the Contract Price, less such amounts, if any, City determines

should be deducted in accordance with the General Conditions.

B. Partial Payment. City shall pay for water lines, fittings, valves, fire hydrant

assemblies, blow-off valves, and all other related appurtenances in the following manner.

1) Upon completion of pipe laying, fittings, valves, fire hydrant assemblies, valve

construction, backfilling road replacement (if required), consolidation of trench

backfill, all associated pressure and bacterial testing on pipe, fire hydrants and

customer connections and asphalt repair, payment will be allowed for eighty

percent (80%) for the water lines.

2) The remaining twenty percent (20%) will be allowed when the property

affected by construction operations has been completely restored to its original or

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required condition, including fence replacement, preliminary and final grading,

seeding/sodding (if required), general site cleanup, kill outs, punch list items, etc.

and removal of all equipment or materials related to construction. The twenty

percent (20%) to be allowed when said property restoration occurs shall not be

considered retainage, but shall be considered as payment for work associated with

property restoration.

7. CONTRACT DOCUMENTS: The following documents from City are incorporated

herein by reference for all purposes, as if fully set out verbatim:

Request for Bid No.WU-06-13 Water Utilities 2013 Water Line Improvements

Contract No. 1 (“RFB No.WU-06-13”)

All of the documents, conditions, specifications, technical data, drawings,

requirements and addenda comprising said Bid Invitation Number as of the time

this Contract is entered by Contractor and City.

8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this

Contract, Contractor makes the following representations to City:

A. Contractor has familiarized itself with the nature and extent of the Contract

Documents, Work, and with all local conditions and federal, state and local laws.

B. Contractor has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of Work at the Contract Price, within the

Contract Time and in accordance with the other terms and conditions of the Contract Documents;

and no additional examinations, investigations or similar data are, or will be required by

Contractor for such purposes.

C. Contractor has given City advanced written notice of all conflicts, errors, or

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discrepancies that it has discovered in the Contract Documents prior to bidding and the written

resolution thereof by City is acceptable to Contractor.

D. Contractor is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor

understands that Contracts between private entities and local governments are subject to certain

laws and regulations, including laws pertaining to public records, conflict of interest,

recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws,

codes and ordinances as they may be amended from time to time.

10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any

information, document, report or any other material whatsoever which is given by City to

Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the

terms of this Contract is and shall at all times remain the property of City. Contractor agrees not

to use any such information, document, report or material for any other purpose whatsoever

without the written consent of City, which may be withheld or conditioned by City in its sole

discretion.

11. AUDIT AND INSPECTION RIGHTS:

A. City may, at reasonable times, and for a period of up to three (3) years following

the date of final payment by City to Contractor under this Contract, audit, or cause to be audited,

those books and records of Contractor which are related to Contractor’s performance under this

Contract. Contractor agrees to maintain all such books and records at its principal place of

business for a period of three (3) years after final payment is made under this Contract.

B. City may, at reasonable times during the term hereof, inspect Contractor’s

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facilities and perform such tests, as City deems reasonably necessary, to determine whether the

goods or services required to be provided by Contractor under this Contract conform to the terms

hereof, if applicable. Contractor shall make available to City all reasonable facilities and

assistance to facilitate the performance of tests or inspections by City representatives. All tests

and inspections shall be subject to, and made in accordance with, the provisions of the City of

San Angelo Code of Ordinances, as same may be amended or supplemented from time to time.

12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not

employed or retained any person or company employed by City to solicit or secure this Contract

and that it has not offered to pay, paid, or agreed to pay any person any fee, commission,

percentage, brokerage fee, or gift of any kind contingent upon or in connection with the award of

this Contract.

13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all

reasonable times, to all documents and information pertaining to City contracts, and agrees to

allow access by City and the public to all documents subject to disclosure under applicable law.

Contractor’s failure or refusal to comply with the provisions of this section shall result in the

immediate cancellation of this Contract by City.

14. DEFAULT: If Contractor fails to comply with any term or condition of this Contract, or

fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the

occurrence of a default hereunder, City in addition to all remedies available to it by law, may

immediately, upon written notice to Contractor, terminate this Contract whereupon all payments,

advances, or other compensation paid by City to Contractor while Contractor was in default shall

be immediately returned to City. Contractor understands and agrees that termination of this

Contract under this section shall not release Contractor from any obligation accruing prior to the

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effective date of termination. Should Contractor be unable or unwilling to commence to perform

Work within the time provided or contemplated herein, then, in addition to the foregoing,

Contractor shall be liable to City for all expenses incurred by City in preparation and negotiation

of this Contract, as well as all costs and expenses incurred by City in the re-procurement of

Work, including consequential and incidental damages.

15. CITY’S TERMINATION RIGHTS:

A. City shall have the right to terminate this Contract, in its sole discretion, at any

time, by giving written notice to Contractor at least five (5) business days prior to the effective

date of such termination. In such event, City shall pay to Contractor compensation for Work

rendered and expenses incurred prior to the effective date of termination. In no event shall City

be liable to Contractor for any additional compensation, other than that provided herein, or for

any consequential or incidental damages.

B. City shall have the right to terminate this Contract, without notice or liability to

Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be

obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts

received while Contractor was in default under this Contract.

16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that

all disputes between Contractor and City based upon an alleged violation of the terms of this

Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being

entitled to seek judicial relief in connection therewith. In the event that the amount of

compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City

Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not

be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written

9

decision, approved by the City Council if the amount of compensation hereunder exceeds

Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after

submitting to the City Manager a detailed statement of the dispute, accompanied by all

supporting documentation (90 days if City Manager’s decision is subject to City Council

approval); or (iii) City has waived compliance with the procedure set forth in this section by

written instruments, signed by the City Manager.

17. INSURANCE:

A. Contractor shall, at all times during the term hereof, maintain such insurance

coverage as may be required by City. All such insurance, including renewals, shall be subject to

the approval of City for adequacy of protection and evidence of such coverage shall be furnished

to City on Certificates of Insurance indicating such insurance to be in force and effect and

providing that it will not be canceled during the performance of Work under this Contract

without thirty (30) calendar days prior written notice to City. Completed Certificates of

Insurance shall be filed with City prior to the performance of services hereunder, provided

however, that Contractor shall at any time upon request file duplicate copies of the policies of

such insurance with City.

B. If in the judgment of City, prevailing conditions warrant the provision by

Contractor of additional liability insurance coverage or coverage which is different in kind, City

reserves the right to require the provision by Contractor of an amount of coverage different from

the amounts or kind previously required and shall afford written notice of such change in

requirements thirty (30) days prior to the date on which the requirements shall take effect.

Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty

(30) days following City’s written notice, this Contract shall be considered terminated on the

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date that the required change in policy coverage would otherwise take effect.

18. INDEMNIFICATION:

A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO

INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD

AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,

CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND

AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS,

JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES,

ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR

PERSONS, INCLUDING AGENTS OR 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.

B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY

PROVIDED FOR IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION

OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER

OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER

AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF

THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD

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BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF

CONTRACTOR IN PERFORMING UNDER THIS CONTRACT.

C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN

THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND

ASSESSMENTS OCCURRING DURING THE TERM OF THIS CONTRACT

BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY

HAVE OCCURRED DURING THE TERM OF PREVIOUS CONTRACTS

BETWEEN CITY AND CONTRACTOR.

D. APPLICATION TO SURROUNDING PROPERTY. THE

INDEMNIFICATION PROVISIONS OF THIS CONTRACT EXTEND TO

CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR

OTHER INFILTRATION THAT MY 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 CONTRACTS BETWEEN CITY AND CONTRACTOR. THIS

SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IT HAS

NEVER USED, CLOSED, MANAGED OR MONITORED.

19. INSURANCE REQUIREMENTS:

A. General Conditions. The following conditions shall apply to all insurance

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

1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms

of policies satisfactory to City and with insurers licensed to do business in Texas.

2) Named Insureds. All insurance policies required herein shall be drawn in the name of

Contractor, with City, its council members, board and commission members,

officials, agents, guests, invitees, consultants and employees named as additional

insureds, except on Workers’ Compensation coverage.

3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect

to all insurance policies, to waive all rights of subrogation against City, its council

members, board and commission members, officials, agents, guests, invitees,

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consultants and employees.

4) Certificates of Insurance. At or before the time of execution of this Contract,

Contractor shall furnish City’s Risk Manager with certificates of insurance as

evidence that all of the policies required herein are in full force and effect and provide

the required coverage and limits of insurance. All certificates of insurance shall

clearly state that all applicable requirements have been satisfied. The certificates

shall provide that any company issuing an insurance policy shall provide to City not

less than thirty (30) days advance notice in writing of cancellation, non-renewal, or

material change in the policy of insurance. In addition, Contractor and insurance

company shall immediately provide written notice to City’s Risk Manager upon

receipt of notice of cancellation of any insurance policy, or of a decision to terminate

or alter any insurance policy. Certificates of insurance and notices of cancellations,

terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72

W. College Ave., San Angelo, Texas 76903.

5) Contractor’s Liability. The procurement of such policy of insurance shall not be

construed to be a limitation upon Contractor’s liability or as a full performance on its

part of the indemnification provisions of this Contract. Contractor’s obligations are,

notwithstanding any policy of insurance, for the full and total amount of any damage,

injury, or loss caused by or attributable to its activities conducted at or upon the

premises. Failure of Contractor to maintain adequate coverage shall not relieve

Contractor of any contractual responsibility or obligation.

6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub-

Contractor of Contractor to purchase and maintain insurance of the types and in the

amounts specified below. Contractor shall require Subcontractors and Sub-

Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager

evidencing coverage for each Subcontractor and Sub-Subcontractor.

B. Types And Amounts Of Insurance Required. Contractor shall obtain and

continuously maintain in effect at all times during the term hereof, at Contractor’s sole

expense, insurance coverage as follows with limits not less than those set forth below:

1) Commercial General Liability. This policy shall be occurrence-type policy and shall

protect Contractor and additional insureds against all claims arising from bodily

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injury, sickness, disease or death of any person (other than Contractor’s employees)

and damage to property of City or others arising out of the act or omission of

Contractor or its agents and employees. This policy shall also include protection

against claims for the contractual liability assumed by Contractor under the paragraph

of this Contract entitled “Indemnification,” including completed operations, products

liability, contractual coverage, broad form property coverage, explosion, collapse,

underground, premises/operations, and independent contractors (to remain in force

for two years after final payment).

Coverage limits shall not be less than:

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

2) Business Automobile Liability. This policy shall protect Contractor and the

additional insureds against all claims for injuries to members of the public and

damage to property of others arising from the use of motor vehicles and shall cover

operation on and off the premises of all motor vehicles licensed for highway use,

whether they are owned, non-owned or hired. Coverage limits shall not be less than:

$1,000,000.00 Combined Single Limit

3) Workers’ Compensation and Employer’s Liability. If Contractor hires any

employees, Contractor shall maintain Workers’ Compensation and Employer’s

Liability insurance, which shall protect Contractor against all claims under applicable

state workers’ compensation laws and employer’s liability. The insured shall also be

protected against claim for injury, disease or death of employees which for any

reason, may not fall within the provisions of a workers’ compensation law. Coverage

shall not be less than:

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

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The foregoing requirement will not be applicable if, and so long as, Contractor

qualifies as a self-insurer under the rules and regulations of the commission or agency

administering the workers’ compensation program in Texas and furnishes evidence of

such qualification to City in accordance with the notice provisions of this Contract.

If Contractor uses contract labor, Contractor shall require its subcontractor to

maintain the above referenced coverage and furnish copies of certificates of insurance

as required herein.)

20. INDEPENDENT CONTRACTOR: Nothing contained in this Contract is intended to,

or shall be construed in any manner, as creating or establishing the relationship of

employer/employee between the parties. Contractor shall at all times remain an independent

contractor with respect to the services to be performed under this Contract. City shall be exempt

from payment of all unemployment compensation, FICA, retirement, life and/or medical

insurance and workers’ compensation insurance on Contractor’s employees.

21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor

does not and will not engage in discriminatory practices and that there shall be no discrimination

in connection with Contractor’s performance under this Contract on account of race, color, sex,

religion, age, handicap, marital status or national origin. Contractor further covenants that no

otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

handicap, marital status or national origin, be excluded from participation in, be denied services,

or be subject to discrimination under any provision of this Contract.

22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with

the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or

services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment

as required by IRCA.

23. AMENDMENTS: City or Contractor may amend this Contract at any time provided

15

that such amendments make specific reference to this Contract, and are executed in writing,

signed by a duly authorized representative of both organizations, and approved by City. Such

amendments shall not invalidate this Contract, nor relieve or release City or Contractor from

their respective obligations under this Contract.

24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the

Contract Documents will be binding on another party hereto without the written consent of the

party sought to be bound; and specifically, but without limitation, moneys that may become due,

and moneys that are due, may not be assigned without such prior consent (except to the extent

that this restriction may be limited by law), and unless specifically stated to the contrary in any

written consent to an assignment, no assignment will release or discharge the assignor from any

duty or responsibility under the Contract Documents.

25. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon the parties

hereto, their heirs, executors, legal representatives, successors, or assigns.

26. NOTICES: Communication and details concerning this Contract shall be directed to the

following representatives:

CITY: CONTRACTOR: City of San Angelo Qro Mex Construction Company, Inc. Attn: David Hall Attn: Gualberto Perez Rubio, President 72 W. College Ave. 2801 Prairie Creek Rd San Angelo, Texas 76903 Granite Shoals, Texas 78654 Phone: (325)657-4261 Phone: (830) 598-2268 Email: [email protected] Email: [email protected] Before City shall be liable to Contractor or any of its successors or assigns for any

alleged breach of this Contract, notice must first be given City within six (6) months of the date

Contractor alleges the breach occurred. Such notice shall be in accordance with and provide

substantially the same information as required for notice of tort claims as specified in Article

16

1.500 of the City of San Angelo Code of Ordinances.

27. MISCELLANEOUS PROVISIONS:

A. Remedies: In the event of default by Contractor under the Contract Documents,

City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of

the Contract Documents; however, arbitration is not an available remedy to resolve any disputes

arising under this Contract unless City and Contractor mutually agree to such remedy in a

separate written Contract. The exercise of any one right or remedy shall be without prejudice to

the enforcement of any other right or remedy allowed at law or in equity.

B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or

Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on

the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary

disbursements in addition to any other relief to which the prevailing party is entitled.

C. Conflicts: This Contract, the documents required to be provided, and the Contract

Documents constitute the entire Contract between the parties hereto and supersede any prior

written or oral Contracts and understandings between the parties. If any provision of this

Contract, the General Conditions, the Specifications or any other provision contained within the

Contract Documents conflicts, or is inconsistent with any other provision of the Contract

Documents, then the conflict or inconsistency will be resolved first by reference to the terms of

this Contract, then to the General Conditions to this Contract and then finally to the

Specifications therein, unless a federal law, regulation or restriction would require otherwise, in

which case the federal provision would control.

D. Severability: If any provision of this Contract is held invalid or unenforceable,

the remainder of the Contract shall not be affected thereby and all other parts of this Contract

17

shall nevertheless be in full force and effect.

E. Venue: This Contract, including the Contract Documents, is governed by the

laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or

related to Work covered by this Contract shall be in Tom Green County, Texas.

F. Counterparts: This Contract may be executed in two or more counterparts, each

of which shall constitute an original but all of which, when taken together, shall constitute one

and the same Contract.

G. Enforcement: This Contract shall be construed and enforced according to the

laws of the State of Texas.

H. Headings: Titles and paragraphs are for convenient reference and are not a part of

this Contract.

I. No Waiver: No waiver or breach of any provision of this Contract shall constitute

a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall

be effective unless made in writing.

J. Governing Laws: Should any provision, paragraph, sentence, word or phrase

contained in this Contract be determined by a court of competent jurisdiction to be invalid,

illegal or otherwise unenforceable under the laws of the State of Texas or the City of San

Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the

extent necessary in order to conform with such laws, or if not modifiable, then same shall be

deemed severable, and in either event, the remaining terms and provisions of this Contract shall

remain unmodified and in full force and effect or limitation of its use.

K. Applicable Law: This Contract and the Contract Documents are subject to all

applicable federal and state laws, statutes, codes, rules and regulations and local ordinances,

18

rules and regulations.

28. CONTINGENCY CLAUSE: Funding for this Contract is contingent on the availability

of funds and continued authorization for program activities and the Contract is subject to

amendment or termination due to lack of funds, reduction of funds and/or change in regulations,

upon thirty (30) days notice.

29. ENTIRE CONTRACT: This Contract constitutes the sole and entire Contract between

the parties hereto. No modification or amendment hereto shall be valid unless in writing and

executed by properly authorized representatives of the parties hereto.

30. REAFFIRMATION OF REPRESENTATIONS: Contractor herby reaffirms all of the

representations contained in RFB No. WU-06-13.

[Signature Page to Follow]

19

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written.

.

CONTRACTOR: Qro Mex Construction Company, Inc By: ATTEST: Gualberto Perez Rubio, President ________________________________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)

20

CONTRACT FOR 2013 WATER LINE IMPROVEMENTS

CONTRACT No.1

BETWEEN CITY OF SAN ANGELO & QRO MEX CONSTRUCTION COMPANY, INC.

RFB No. WU-06-13

Approved as to Content: Approved as to Form: ______________________________ Ricky Dickson, Director of Water Utilities Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Kevin Krueger, Assistant Director of John Seaton, Risk Manager Water Utilities

Memo Date: June 28, 2013

To: Mayor and Council members

From: Ricky Dickson, Water Utilities Director

Subject: Agenda Item for July 2, 2013 Council Meeting

Contact: Ricky Dickson, Water Utilities Director, 657-4209

Caption: Consideration of awarding bid WU-06-13 for the 2013 Water Line Improvements Contract No. 1 to QRO MEX Construction Company, Inc. of Granite Shoals, Texas in the amount of $1,344,648.00, and authorizing the City Manager to execute said contract, in substantially the attached form, and any related documents.

Summary:

Bids have been received from (3) contractors for the construction of the 2013 Water Line Improvements Contract No. 1. The three contractors were Darnell Construction, LLC, Housley Communications, Inc. and QRO MEX Construction Company, Inc. Low bid for the project was submitted by QRO MEX Construction Company, Inc. in the amount of $1,344,648.00 and the low bid had no exceptions to the specifications.

History: This project is a continuation of the Water Utilities Capital Improvements Program to rehabilitate the water system.

Financial Impact: Bid amount of $1,344,648.00 funded by the Capital Improvements Program.

Related Vision Item

(if applicable):

None

Other Information/ Recommendation:

Approximately 13,369 feet of cast iron mains will be replaced under this contract. This project will cover the lines serving East Harris Avenue from Main Street to Browning Street, North Main Street from East Beauregard Avenue to Houston Harte, Ben Ficklin Road from West Avenue Z to West Avenue Q and East Avenue D from South Oakes Street to Powell Street. It is recommended the bid be accepted from QRO MEX Construction Company, Inc. and the City Manager, Water Utilities Director or City Manager Designee be authorized to negotiate and execute a contract and related documents.

Attachments: Bid Tabulation and Contract

Presentation: None

Publication: Advertised for bid in the San Angelo Standard Times May 13 and May 20, 2013.

Reviewed by Director:

Ricky Dickson, Water Utilties Director, June 18, 2013

Approved by Legal: June 18, 2013

Qty Units EXTENDED COST

EXTENDED COST

UNIT COST

12 ea 12,684.72$ 12,396.00$

12,684.72$ 12,396.00$

1 5740000 - - 2 k001358 27.00 20% 32.40 54.00 30% 37 80 3 5629000 - - 4 5060000 - - 5 5611000 2.60 20% 3.12 5.19 0.30 3.63 6 5613000 6.73 20% 8.08 13.46 0.30 9.42 7 5614000 81.83 20% 98.20 163.66 0.30 114 56 8 k001395 167.91 20% 201.49 335.82 0.30 235 07 9 5616000 - -

K001139 71.39 20% 85.67 142.78 0.30 99 95 10 5617000 - - 11 56 0

BID PRICE

Xylem

NO BID

SPARE PARTS FOR LIBERTY GRINDER PUMPS, LSG202M-C2 MorrisonCOST +

%VENDOR

LISTLIST -

% BID PRICEVENDOR

COSTCOST +

%SCHEMATIC NO. PART NO.VENDOR

COST BID PRICEDESCRIPTION

CITY OF SAN ANGELOBID TAB Part 1

RFB: WU-05-13 - Grinder Pumps / May 9, 2013

Smith Pump

UNIT COST

GRINDER PUMPS Smith Pump

DESCRIPTION UNIT COST

NO

NO BID

NO BID

NO BID

NO BID

LIBERTY GRINDER PUMPS LSG202M-C2 hp, 208/230V, 1 phase, manual, external

capacitors or equivalent.1,033.00$

MOTORPOWER CORD, 35 FTGRINDER CORDPLATECORD PLATE GASKET

NO

SHACKLEHANDLE

IMPELLERCUTTER PLATE

ROTARY CUTTERROTARY CUTTER KIT

NO BID

NO BIDNO BID

NO BID

O-RINGDOUB P

NO BID

Xylem

EXTENDED COST

NO BID

No Bid

NO BID

Morrison

1,057.06$

Total

11 5618000 - - 12 5632000 - - 13 56350A0 1.54 20% 1.85 3.08 30% 2.16 14 K001139 71 39 20% 85.67 142.78 30% 99 95 15 k001445 0 37 - - 16 5633000 - - 17 5071000 0.37 20% 0.44 0.73 30% 0 51 18 5600000 - - 19 8103000 0.16 20% 0.19 0.32 30% 0 22 20 8064000 0.08 20% 0.10 0.15 30% 0.11 21 56360A0 1.79 20% 2.15 3.58 30% 2 51 22 8018000 0.12 20% 0.14 0.23 30% 0.16 23 8103000 0.16 20% 0.19 0.32 30% 0 22 26 K001315 46 03 20% 55.24 92.06 30% 64.44

NA 33 25 20% 39.90 61.12 30% 42.78 614.82 TOTAL 713.50 TOTAL NO BID

NO BIDNO BID

NO BIDNO BID

NO BID

NO BIDNO BID

ROTARY CUTTER KIT

DOUBLE LIP SEALMOTOR PLATE

KEY

NO BID

NO BID

ROTARY CUTTER SHIM KITSEAL

BRASS OIL PLUGOMNIVORE HOUSING

SCREW 1/4-20X5/8" HX SKT SS#8-32 X 5/8 HEX WASHER HEAD SCREW

FLANGED IMPELLER BOLT1/14-20 5/8 SLOTTED FLAT HEAD BOLT

SCREW 1/4-20X5/8" HX SKT SSRELAY

Float Switch (Normally Open) with 30’ cable and weight. Qty 40 year

TOTAL

QTY UNITS UNIT COST EXTENDED COST EXTENDED COST UNIT COST EXTENDED COST

CONTROL PANEL: 230 Voltage, Single Phase, 60Hz, 2HP, 15 FLA / NEMA 4x POLYCARBONATE ENCLOSURE

12 ea 507.65$ 6,091.80$ 5,796.00$

Total 6,091.80$ 5,796.00$ Total

TEM DESCRIPTION MANUFACTURER PART # LIST PRICE BID PRICE LIST PRICE BID PRICE LIST PRICE COST+ % BID PRICE1 POTENTIAL START RELAY: 332VAC, 243/271 MAX, 40.105 MIN ESSEX ZCPRZ2AM2 Component - 10.43 7.30$ NO BID2 START CAPACITOR, 216-259 MFD, 220/250V ESSEX BC-216M-250 Component - 13.24 9.27$ 3 RUN CAPACITOR, 50MFD, 370V, ROUND ESSEX RD-50-370/12225 Component - 21.23 14.86$

77.50$ 93.00 44.9 31.43$ 4 START CAPACITOR HORIZONTAL MOUNTING BRACKET ESSEX BCH-4 - 4.21 2.95$ 5 SOLID STATE FLASHER, 75 FLASHES PER MINUTE CONERY FL-120V - 16.76 11.73$ 6 CORROSION INHIBITOR STRIP HOFFMAN ENCLOSURES AHCI-1DV - 9.41 6.59$

Total 93.00$ Total 52.70$ Total NO BID

Maximum Percent Markup from Cost: % 20% 30% (*Discount from List)

Name and Date of Price Sheet Used

No Yes

Name of Co-Op; & Contract #

7 to 10 5 to 7

NO BID

DESCRIPTION

CONTROL PANEL SPARE PARTS LIST Morrison

UNIT COST

483.000$

Total

XylemCost + %

Morrison Smith Pump XylemCONTROL PANEL

List - %30%30%30%

Smith Pump

CITY OF SAN ANGELOBID TAB Part 2

RFB: WU-05-13 - Grinder Pumps / May 9, 2013

Are these products available through a purchasing co-op, i.e., Buyboard, TXMAS, etc?

30%30%30%

Liberty Pumps 12/2012 Liberty Pumps Parts List Price Sheet 4.25.2013

20% 30%

BuyBoard

Delivery/Calendar days from receipt of purchase order:

Do you accept P-Cards Yes Yes

No: Yes: XX No: 20%10 Net 30 N/A

Bid Invitation Sent To:Triple D Pump - Waco TXSmith Pump - Waco TXXylem - Carrolton TXMorrison Supply - San Angelo TX

Payment Terms/Discount (if any):Vendor Agrees to Alow Piggy-Back Procurements

No NoIs this a Purchasing Co-Op Bid Price? Name:

C \Documents and Settings\Kevin.Krueger\Local Settings\Temporary Internet Files\Content.Outlook\ZEXODQWZ\Bid Tabulation WU-05-13

City of San Angelo


To: Mayor and Councilmembers



Contact: Ricky Dickson, 657-4209

Caption: Consent Item

Consideration of award of bids for WU-05-13 Water Utilities Grinder Pumps and Spare Parts to Morrison Supply Company and Smith Pump Company, Inc. based on lowest unit bid in compliance with the bid requirements for each specific item.

Summary: Bids have been received from two (2) vendors to supply the Water Utilities Department with sewage grinder pumps, electrical control panels and spare parts for these pumps. The two vendors are Morrison Supply Company of San Angelo, Tx and Smith Pump Company of Waco, Tx. The low bid for the complete pumps, control panels and control panel spare parts was received from Smith Pump Company and the low bid for the spare parts was received from Morrison Supply Company.

The bid includes grinder pumps, control panels and spare parts necessary to replace and/or rehabilitate grinder pumps used in the sewage collection system. Purchases are made based on the lowest unit price bid in compliance with the bid requirements.

Estimated annual expenses for grinder pumps is $12,396.00; for control panels $5,796.00 and for spare parts $614.82.

History: The City bids these items to establish the best price and availability of materials necessary to maintain the sewage collection system.

Financial Impact: Funded within the Water Distribution and Wastewater Collections operations budgets.

Related Vision Item

N/A


It is recommended that the low bid for complete grinder pumps, control panels and control panel spare parts be awarded to Smith Pump Company and that the low bid for grinder pump spare parts be awarded to Morrison Supply Company.

Attachments: Bid Tab

Presentation: None

Publication: N/A

Reviewed by Service Area Director:

Ricky Dickson, Water Utilities Director, June 18, 2013

City of San Angelo







Consideration of authorizing the sale of the following residential property for the appraised value and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property, subject to completion of all curative requirements.

Summary: Hector and Maria Martinez 6630 Knickerbocker Lot 116, Group Shady Point $21,612 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sales are approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Reports (Martinez) Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 18, 2013. Reviewed by City Attorney: Lysia Bowling, June 18, 2013

City of San Angelo

Memo Date: 6/12/13


From: John Seaton, Risk Manager

Subject: Consent Item for 7/2/13 Council Meeting

Contact: John Seaton

Caption: Consent

Consideration of approval to pay $63,646 to Midwest Employers Casualty Company for Excess Workers Compensation Deposit Premium for policy year 7/1/13-7/1/14.

Summary:

The City is self-insured for its workers compensation exposures. Claim exposures exceeding $500,000 are insured by the purchase of Excess Workers Compensation Insurance. The renewal deposit premium for fiscal year 2014 will be $63,646. Quotes were solicited from other carriers. The next closest quote was received from Safety National at $64,959.

History: Section 1.608 The city manager, with approval of the city council, is hereby authorized to purchase insurance as may be necessary to provide coverage to the extent that the loss exposure exceeds the reasonable capacity of the Self-Insurance Fund to afford adequate coverage. (1959 Code of Ordinances, Sec. 1-33-8)

Recommendation: Staff recommends payment of renewal premium.

Attachments: Invoice and Policy Binder


Lisa Marley, ext. 1351

Adopted: 5/30/03 Revised: 6/21/10

City of San Angelo

Memo Date: May 29, 2013


From: Cindy M. Preas, Real Estate Administrator (657-4407)


Contact: Diana Farris, Property Specialist (657-4407)


Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant:

a) 213 W Avenue R, (Perez), Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho, $750, Suit No. TAX90-0162B

b) 1916 Shelton, (Orona), S ½ of Lot 12, Block 3, Home Acres, $2,500, Suit No. B-00-0043-T

Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were received causing subject properties to be stuck-off to the City, as Trustee for itself and the other taxing entities.

History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Propety

Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):

Financial Vision – Examine liquidation of unused or underperforming city-owned properties

Neighborhood Vision – Attract reinvestment


Staff recommends approval.

Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map

Presentation: N/A

Publication: N/A


Lysia H. Bowling, City Attorney

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT

WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, offers have been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure Judgment or Tax Warrant, located in San Angelo, Tom Green County, Texas: Conveying to: LOUIS A. PEREZ, a married person as his sole and separate property; ($750):

Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho Addition, Town of San Angelo, as described in Volume 377, Page 33, Deed Records of Tom Green County, Texas. Account #15-29500-0140-004-00

JORGE ORONA, a single person; ($2,500):

The South one-half of Lot 12, Block 3, Home Acres Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 288, Page 55, Deed Records of Tom Green County, Texas. Account #15-28100-0003-029-00

APPROVED AND ADOPTED ON THE DAY OF , 2013.

THE CITY OF SAN ANGELO

Dwain Morrison, Mayor Attest:

Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form:

Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.

Tax-Resale Deed

(Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: JORGE ORONA, a single person

930 E 39th Street San Angelo, Tom Green County, Texas 76903

Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

The South one-half of Lot 12, Block 3, Home Acres Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 288, Page 55, Deed Records of Tom Green County, Texas. Account #15-28100-0003-029-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 6, 2004 in Suit No. B-00-0043-T, by the 119th District Court of Tom Green County, Texas.

Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 17, 2011, and recorded in Instrument Number 710996, Official Public Records of Real Property, Tom Green County, Texas.

For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in

which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment.

Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.

When the context requires, singular nouns and pronouns include the plural.

GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

ATTEST: By: ____________________________ Dwain Morrison, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Dwain Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

1 1/2 YRS

Adjudge Value: 5,200.00$ No

Amount of Offer: 2,500.00$

Amounts Due Priority % of Pro Rata Amounts

Fees Judgment Allocations Remainder Allocations Distributed

Administration Fee $500.00 $500.00 0.00% $500.00

Maintenance Fee $350.00 $350.00 0.00% 350.00$

District Clerk $34.00 $34.00 0.00% -$ $34.00

Sheriff's Fee $100.00 $100.00 0.00% -$ $100.00

Attorney Fee $208.00 $208.00 0.00% -$ $208.00

Municipal Liens $794.06 10.82% $141.50 $141.50

Taxes $6,546.19 89.18% $1,166.50 $1,166.50

Total $1,192.00 $7,340.25 $1,192.00 100.00% 1,308.00$ $2,500.00

Actual Total Amt Due $8,532.25

Amount Remaining 1,308.00$

Offer will satisfy all court costs and a small portion of the taxes and liens.

Purchased under Urban Redevelopment

PROPERTY ANALYSISFor Tax Resale Property

Years Held in Trust

November 17, 2011

1916 Shelton

B-00-0043-T

Unimproved

The South one-half of Lot 12, Block 3, Home Acres Addition, City of San Angelo,

Tom Green County, Texas, as described in Volume 288, Page 55, Deed Records of

Tom Green County, Texas.

November 1, 2011

January 6, 2004

#15-28100-0003-029-00

Eddie May Brown Account #5610 and R.J. Brown Account #8515

87' x 250'

1916 Shleton St. S 1/2 of Lot 12, Block 3, Home Acres 87' x 250'

Copyright © 2013 ESRI, NAVTEQ, DeLorme

City Address Points

Pending City Addresses

Retired City Addresses

County Address Points

March 7, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or

strike any or all of the following information from this instrument before it is filed for record in

the public records: your social security number or your driver’s license number.

Tax-Resale Deed

(Property Sold for Less than Adjudged Value)

Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, and San Angelo Independent School District

72 West College Avenue

San Angelo, Tom Green County, Texas 76903

Grantee: LOUIS A. PEREZ, a married person as his sole and separate property

112 W College Avenue

San Angelo, Tom Green County, Texas 76903

Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration

Property (including any improvements):

Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho Addition,

Town of San Angelo, as described in Volume 377, Page 33, Deed Records of Tom Green

County, Texas.

Account #15-29500-0140-004-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on August 25, 1992 in

Suit No. TAX90-0162B, by the 119th District Court of Tom Green County, Texas.

Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the

terms of the Judgment — by Sheriff’s Deed dated August 22, 1996, and recorded in Volume

545, Page 305, Official Public Records of Real Property, Tom Green County, Texas.

For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the

City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and

to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither

Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under

them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-

Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by

common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically

excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,

including, without limitation, any right of redemption remaining in the former owner of the Property; the terms

of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in

which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was

not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of

the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment.

Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all

future years.

When the context requires, singular nouns and pronouns include the plural.

GRANTOR:

The City of San Angelo, a Texas home-rule

municipal corporation, for itself and as Trustee for

any taxing authorities named in the Judgment

ATTEST: By: ____________________________

Dwain Morrison, Mayor and

duly-authorized agent

Alicia Ramirez, City Clerk

STATE OF TEXAS §

§

COUNTY OF TOM GREEN §

This instrument was acknowledged before me on _____________________, 2013, by Dwain

Morrison, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal

corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment

identified in the above instrument.

__________________________________

Notary Public, State of Texas

After Recording, Return To:

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

16 1/2 YRS

Adjudge Value: 2,250.00$ NO

Amount of Offer: 750.00$

Priority % of Pro Rata Amounts

Fees Judgment Allocations Remainder Allocations Distributed

Administration Fee 500.00$ 500.00$ 0.00% 500.00$

Maintenance Fee 2,640.00$ 2,640.00$ 100.00% 250.00$ 250.00$

District Clerk -$ -$ 0.00% -$

Sheriff's Fee -$ -$ 0.00% -$

Attorney Fee -$ -$ 0.00% -$

Municipal Liens -$ 0.00% -$ -$

Taxes -$ 0.00% -$ -$

Total 3,140.00$ -$ 3,140.00$ 0.00% -$ 750.00$

Actual Total Amt Due 3,140.00$

Amount Remaining 250.00$

PROPERTY ANALYSISFor Tax Resale Property

August 6, 1996

45' x 100'

Offer will satisfy all costs according to the Judgment.

Amounts Due

August 25, 1992

Lot 18, of the L.T. Jones Subdivision of the East ½ of Block 140, Fort Concho Addition,

Town of San Angelo, as described in Volume 377, Page 33, Deed Records of Tom

Green County, Texas.

Account #15-29500-0140-004-00

TAX90-0162B

213 W Avenue R

Elvira M. Vasquez Account #1750

15-29500-0140-004-00

Unimproved

Years Held in Trust

Urban Redevlopment Sale?:

August 26, 1996

Lot 18 of L.T. Jones Subdivision of the E 1/2

of Block 140, Fort Concho Addition213 W Avenue R 45' x 100'

Copyright 2011 Esri. All rights reserved. Mon Feb 13 2012 10:41:32 AM.

RESOLUTION

A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT

RE: CONSIDERATION OF A REQUEST TO RELEASE OF UTILITY EASEMENT IN THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B RUNNING SOUTHEAST TO NORTHWEST ALONG THE WESTERN SECTION OF SAID LOT 4B, IN SOUTHWEST SAN ANGELO

WHEREAS, on August 21 of 1999, officials of the City of San Angelo, executed the dedication of a 20-foot by 300-foot easement to the City of San Angelo, said easement extending across the Red Arroyo Hills Addition, Section 5, Block 2, Lot 4B, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Block Two in the First Replat of this Block within the Red Arroyo Hills Addition, is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on April 21 of 1999, by instrument found on Slide 199 in Cabinet B of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the 2nd day of July, 2013.

THE CITY OF SAN ANGELO, TEXAS _____________________________ Dwain Morrison, Mayor ATTEST: ___________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

City of San Angelo

Memo

Meeting Date: July 2, 2013

To: City Council members

From: Kevin Boyd, Planner

Subject: Easement Release, a request for approval of a release of easement on the following property:

Location: 2545 Southwest Boulevard located approximately 600 feet northwest

of the intersection of Southwest Boulevard and Sherwood Way; more specifically occupying the Red Arroyo Hills Addition Section 5, Block 2, Lot 4B, being an area of 7.478 acres in southwest San Angelo.

Contacts: Herb Hooker, SKG, Representative 325-655-1288 TMI Hospitality, Owner 701-639-5803 Kevin Boyd, Planner 325-657-4210 Caption: APPROVAL OF A RESOLUTION AUTHORIZING THE RELEASE OF

UTILITY EASEMENT IN THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B RUNNING SOUTHEAST TO NORTHWEST ALONG THE WESTERN SECTION OF SAID LOT 4B, IN SOUTHWEST SAN ANGELO

Summary: The City Council may: (1) Approve the proposed easement release as presented; or

(2) Approve the proposed easement release, subject to conditions believed to be

necessary; or

(3) Deny the proposed easement release. Recommendation: City staff recommends approving the proposed easement release.

On June 17, 2013, Planning Commission recommended approval of the requested easement release by a 6-0 vote.

History and Background:

TMI Hospitality initiated the request which was facilitated by SKG Engineering. The group purchased the property, Red Arroyo Hills Addition Section 5, Block 2, Lot 4B, with the proposal of constructing a new Marriott hotel. A request was also made to subdivide the existing Lot 4B into three newly created lots - Lots 4D, 4C and 4E. The lots will vary in size and measure between 2.174 and 3.043 acres. This portion of the lot, lies within the proposed Lot 4D, and currently serves as a paved parking lot. This request seeks to formerly abandon an unused 20' x 300' underground utility easement - the easement runs diagonally south to north and dead-ends on the property. General Information

Existing Zoning: General Commercial (CG) Existing Land Use: Paved parking Surrounding Zoning/Land Use: North: General Commercial (CG) Holiday Inn Express Hotel & Suites,

Microtel Inn and Suites and open space

West: General Commercial (CG) Open space South: General Commercial (CG) Enterprise Rent-A-Car, Honda of

San Angelo, Discount Tire, Logan's Roadhouse

East: General Commercial (CG) Springhill Suites hotel, open space

Thoroughfares/Streets: Southwest Boulevard is classified as "arterial" street which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.

Storm Water/Drainage: There will be no drainage issues if this easement

is released. Water/Sewer Utilities: There will be no water/sewer issues if this

easement is released Fire Protection: There will be no fire protection issues if this

easement is released. Access Management: There will be no access issues if this easement is

released. Private Utilities: There will be no issues for any private utilities if

this easement is released.

Special Information

Since no utility companies public or private have an interest in this particular easement any longer, and it is not necessary for the replat on this property, staff finds there to be no reason for it to be in existence any longer. The proposal to build a hotel on this property cannot be completed until this easement is released due to the requested placement of the hotel facility over the existing easement. Proposed Conditions

N/A

Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo;

Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property;

Excerpt from survey, highlighting easement to be released; Draft minutes from 06/17/13 Planning Commission Meeting;

and Draft resolution. Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (06/11/13 )

3. Requests for approval of an easement release. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Red Arroyo Hills Addition, Section 5, Block 2, Lot 4B

A request for approval of a release of utility easement on the following property: 2545 Southwest Boulevard located approximately 600 feet northwest of the intersection of Southwest Boulevard and Sherwood Way; more specifically occupying the Red Arroyo Hills Addition Section 5, Block 2, Lot 4B, in southwest San Angelo. Motion to approve the consent agenda striking condition 3 in item 2.C regarding sewer and water main extensions was made by Darlene Jones and seconded by Valerie Priess and passed unanimously 5-0.

RESOLUTION

A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 300 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT

RE: CONSIDERATION OF A REQUEST TO RELEASE OF UTILITY EASEMENT IN THE RED ARROYO HILLS ADDITION, SECTION 5, BLOCK 2, LOT 4B RUNNING SOUTHEAST TO NORTHWEST ALONG THE WESTERN SECTION OF SAID LOT 4B, IN SOUTHWEST SAN ANGELO

WHEREAS, on August 21 of 1999, officials of the City of San Angelo, executed the dedication of a 20-foot by 300-foot easement to the City of San Angelo, said easement extending across the Red Arroyo Hills Addition, Section 5, Block 2, Lot 4B, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Block Two in the First Replat of this Block within the Red Arroyo Hills Addition, is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on April 21 of 1999, by instrument found on Slide 199 in Cabinet B of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the 2nd day of July, 2013.

THE CITY OF SAN ANGELO, TEXAS _____________________________ Dwain Morrison, Mayor ATTEST: ___________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

1st Quarter Report 2013

City of San Angelo July 2, 2013

Taxes (Totals) San Angelo % Change CBD % Change % of Total Main Street % Change % of Total2013 1st Quarter $701,805 0.7% $162,567 48.6% 23.2% $210,529 35.0% 30.0%2013 2nd Quarter2013 3rd Quarter2013 4th QuarterTotal 1st-4th

1st Qtr $ Change 2012-2013 $4,741 $53,187 $54,5621st Qtr % Change 2012-2013 0.7% 48.6% 23.2% 35.0% 30.0%2nd Qtr $ Change 2012-20132nd Qtr % Change 2012-20133rd Qtr $ Change 2012-20133rd Qtr % Change 2012-20134th Qtr $ Change 2012-20134th Qtr % Change 2012-2013

Annual $ Change 2012-2013Annual % Change 2012-2013

2012 1st Quarter $697,064 23.8% $109,380 41.0% 15.7% $155,967 30.9% 22.4%2012 2nd Quarter $682,620 12.2% $131,492 41.1% 19.3% $173,944 26.6% 25.5%2012 3rd Quarter $628,458 3.2% $122,305 17.4% 19.5% $162,718 6.8% 25.9%2012 4th Quarter $791,338 28.0% $200,397 100.6% 25.3% $266,736 80.8% 33.7%Total 1st-4th $2,799,480 16.7% $563,574 50.3% 20.1% $759,365 36.5% 27.1%

2011 1st Quarter $563,260 -13.5% $77,586 30.3% 13.8% $119,173 13.2% 21.2%2011 2nd Quarter $608,614 2.8% $93,159 67.5% 15.3% $137,383 31.2% 22.6%2011 3rd Quarter $608,736 10.7% $104,211 86.9% 17.1% $152,370 64.4% 25.0%2011 4th Quarter $618,368 6.1% $99,892 37.9% 16.2% $147,524 30.9% 23.9%Total 1st-4th $2,398,978 1.0% $374,848 54.0% 15.6% $556,450 33.9% 23.2%

2010 1st Quarter $650,856 $59,560 9.2% $105,307 16.2%2010 2nd Quarter $592,024 $55,618 9.4% $104,723 17.7%2010 3rd Quarter $549,706 $55,744 10.1% $92,687 16.9%2010 4th Quarter $582,614 $72,438 12.4% $112,674 19.3%2010 Total 1st-4th $2,375,200 $243,360 10.2% $415,591 17.5%

2010-2013 Quarterly Mixed Beverage Tax Report

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Yearly Total2013 $5,801,149 $5,801,1492012 $5,854,951 $5,548,280 $5,652,535 $5,933,567 $22,989,3332011 $5,170,009 $4,978,702 $5,086,647 $5,230,363 $20,465,7212010 $4,849,986 $4,676,292 $4,538,873 $4,724,110 $18,789,2612009 $5,247,744 $4,867,056 $4,769,767 $4,538,100 $19,422,6662008 $4,962,999 $4,591,890 $5,184,954 $5,045,117 $19,784,9602007 $4,711,492 $4,563,180 $4,769,050 $4,599,458 $18,643,1802006 $4,527,352 $4,136,260 $4,525,902 $4,451,399 $17,640,9132005 $3,910,486 $3,717,395 $4,525,902 $3,915,478 $16,069,261

$159,606,444

change % 2012-2013 -0.92%change $ 2012-2013 ($53,802)

change % 2011-2012 13.20% 11.40% 11.10% 13.40%change $ 2011-2012 $684,942 $569,578 $565,888 $703,204

change % 2010-2011 6.60% 6.50% 12.10% 10.70%change $ 2010-2011 $320,023 $302,410 $547,774 $506,253

change % 2009-2010 -7.58% -3.90% -4.80% 4.10%change $ 2009-2010 ($397,757) ($190,764) ($230,894) $186,010

Local Sales Tax Allocation Area ReportSan Angelo

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Yearly Total2013 $110,824 $110,8242012 $90,708 $74,313 $74,908 $65,381 $305,3102011 $166,670 $78,394 $73,882 $95,378 $414,3242010 $150,221 $156,199 $148,657 $151,370 $606,4472009 $145,611 $135,728 $135,211 $137,655 $554,2052008 $149,499 $148,008 $132,789 $143,963 $574,2592007 $125,804 $116,832 $122,460 $129,616 $494,7122006 $125,615 $107,982 $116,535 $104,623 $454,7552005 $74,990 $61,992 $67,124 $65,224 $269,330

$3,784,166

change % 2012-2013 22.18%change $ 2012-2013 $20,116

change % 2011-2012 -45.60% -5.20% -1.40% -1.40% -26.30%change $ 2011-2012 ($75,962) ($4,081) $1,026 ($29,997) ($109,014)

change % 2010-2011 10.90% -49.80% -50.30% -37.00%change $ 2010-2011 $16,449 ($77,805) ($74,775) ($55,992)

change % 2009-2010 3.20% 15.10% 9.90% 10.00%change $ 2009-2010 $4,610 $20,471 $13,446 $13,715

Note: There is a two month lag between the time of sale and when the local tax isallocated (i.e. paid) to the city. Example: Sales made in January are reported to the Comptroller in February and allocated to local jurisdiction in March.

CENTRAL BUSINESS DISTRICT(CBD)

E Harris, S Randolph St, Concho River, S Magdalen St

1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Yearly Total2013 $328,756 $328,7562012 $276,474 $253,942 $264,441 $244,623 $1,039,4802011 $357,978 $265,093 $268,039 $343,322 $1,234,4322010 $334,168 $337,683 $333,000 $327,971 $1,332,8222009 $328,575 $320,603 $319,317 $305,465 $1,273,9602008 $334,181 $326,472 $333,538 $350,695 $1,344,8862007 $306,582 $298,129 $298,804 $312,356 $1,215,8712006 $305,385 $288,211 $304,067 $282,185 $1,179,8482005 $232,202 $212,313 $224,170 $199,475 $868,160

$9,818,215

change % 2012-2013 18.91%change $ 2012-2013 $52,282

change % 2011-2012 -22.80% -4.20% -3.70% -28.75%change $ 2011-2012 ($81,504) ($11,151) ($3,628) ($98,699)

change % 2010-2011 7.10% -21.50% -19.50% 4.70%change $ 2010-2011 $23,810 ($72,590) ($64,961) $15,351

change % 2009-2010 1.70% 5.30% 4.30% 7.40%change $ 2009-2010 $5,593 $17,080 $13,683 $22,506

Note: There is a two month lag between the time of sale and when the local tax isallocated (i.e. paid) to the city. Example: Sales made in January are reported to the Comptroller in February and allocated to local jurisdiction in March.

Main StreetHouston Harte, Washington St, Concho River, Main St/Concho River

Time Period San Angelo% Change 2012-2013 CBD

% Change

% of Total Main Street

% Change

% of Total

1st Qtr 2013 $6,502,954 -0.75% $273,391 36.64% 4.20% $539,285 24.71% 8.29%2nd Qtr 20133rd Qtr 20134th Qtr 2013Combined 1st-4th

1st Qtr 2012 $6,552,015 14.30% $200,088 -18.10% 3.10% $432,441 -9.40% 6.60%2nd Qtr 2012 $5,989,585 7.20% $151,323 -11.80% 3% $357,500 -11.20% 6.00%3rd Qtr 2012 $6,280,993 10.30% $197,213 10.70% 3.00% $427,129 1.60% 6.80%4th Qtr 2012 $6,724,905 15.00% $265,778 36.10% 4.00% $511,359 4.20% 7.60%Combined 1st-4th $25,547,498 11.70% $814,402 3.20% 3.20% $1,728,429 -3.50% 6.80%

1st Qtr 2011 $5,733,260 4.20% $244,256 16.40% 4.30% $477,151 8.60% 8.30%2nd Qtr 2011 $5,587,316 6.10% $171,553 -19.00% 3.10% $402,476 -9.03% 7.20%3rd Qtr 2011 $5,695,383 11.90% $178,093 -12.90% 3.10% $420,409 -1.30% 7.40%4th Qtr 2011 $5,848,730 10.90% $195,270 -12.80% 3.30% $490,846 11.40% 8.40%Combined 1st-4th $22,864,689 8.20% $789,172 -7.10% 3.50% $1,790,882 2.40% 7.80%

1st Qtr 2010 $5,500,842 $209,781 3.80% $439,475 8.00%2nd Qtr 2010 $5,268,316 $211,817 4.00% $442,406 8.40%3rd Qtr 2010 $5,088,579 $204,401 4.00% $425,887 8.40%4th Qtr 2010 $5,275,078 $223,808 4.20% $440,645 8.40%Combined 1st-4th $21,132,815 $849,807 4.00% $1,748,413 8.30%

% Change 2012-2013$ Change 2012-2013% Change 2011-2012 11.70% 3.20% -3.50%$ Change 2011-2012 $2,682,809 $25,230 ($62,453)% Change 2010-2011 8.20% -7.10% 2.40%$ Change 2010-2011 $1,731,874 ($60,635) $42,469

Combined Quarterly Retail & Mixed Beverage Tax Report2010-2013

Private Sector Reinvestment 1st Quarter 2013

Project Name Project Description Project Address

MARTINEZ LINDA TORRES REPLACE STUDS & DRYWALL ON 2 WALLS

609 SOUTH CHADBOURNE ST

CORFIELD CHARLES NEW BUILDING, ENCLOSE STORAGE AREA/ADD OVERHEAD DOORS

59 NORTH CHADBOURNE ST

LACY LANCE S NEW CONSTRUCTION 530 SOUTH IRVING ST

HARRISON RONNY TRUSTEE REPAIR FIRE DAMAGE TO CODE

220 NORTH CHADBOURNE

RUST STREET MINISTRIES BUILD INTERIOR VESIBULE TO CODE

830 RUST ST

Project Name Rehab- Number of Projects

Rehab- Expenditures

New Construction- Number of Buildings

New Construction- Expenditures

MARTINEZ LINDA TORRES

1 $600

CORFIELD CHARLES

1 $6240

LACY LANCE S 1 $49,500

HARRISON RONNY TRUSTEE

1 $1,000

RUST STREET MINISTRIES

1 $25,000

Martinez Linda Torres 609 South Chadbourne Street

$600 Replace Studs & Drywall on 2 Walls

Corfield Charles 59 North Chadbourne Street

$6,240 New Building, Enclose Storage

Area/Add Overhead Doors

Lacey Lance S 530 South Irving Street

$49,500 New Construction

Harrison Ronny Trustee 220 North Chadbourne

$1,000 Repair Fire Damage to Code

Rust Street Ministries 830 Rust Street

$25,000 Build Interior Vesibule to Code

Public Projects 1st Quarter 2013

Project Name

Project Description

Project Address

SAN ANGELO ISD INSTALL WALKWAY AND HVAC UNITS TO CODE

310 EAST WASHINGTON DR

Project Name Number of Projects City Total Expenditures

SAN ANGELO ISD

1 $637,000

San Angelo ISD 310 East Washington Drive

$637,000 Install Walkway and HVAC Units to Code

1st Quarter 2013 Other Data Required

For Reinvestment Summary

Q1 Q2 Q3 Q4

Total Business Starts, Expansions, and Relocations

4

Net Gain in Business Starts, Expansions, and Relocations

0

Net Gain in Jobs

22

Volunteer Hours Logged

1725

Number of Downtown Housing Units

0

Number of Downtown Residents

0

2013 MAIN STREET RE-INVESTMENT SUMMARY

1ST QUARTER RE-INVESTMENT $696,840

CUMULATIVE $78,319,332

Respectfully Submitted

City of San Angelo


To: Mayor and Council Members

From: Morgan Chegwidden, Budget Manager

Subject: Agenda Item for 7-2-13 Council Meeting

Contact: Morgan Chegwidden, 653-6291

Caption: Regular Item

Discussion and any action regarding the fiscal year 2013-2014 budget preparation.

Summary: Staff is compiling the draft budget and it is now time for City Council discussions of the fiscal year 2013-2014 budget in order to adopt a budget on time. Management and staff are working to include criteria that address City Council’s strategic planning priorities in the 2013-2014 budget. We will start preliminary discussions of general information to set the ground work for adopting the 2013-2014 budget.

At this meeting management and staff will review the budget calendar, show our status in the budget preparation process, and discuss Council’s desire for any special meetings or workshops.

History: On February 26, 2013 the City Council held a strategic planning session to identify priorities for future budgets. This information will be utilized to propose a budget that meets City Council’s priorities.

In March staff began drafting the 2013-2014 budget. Budget staff held multiple training opportunities, directors and managers estimated revenue and expense items, and performance measures and services were evaluated. The budget committee convened to further refine the draft budget to ensure City Council priorities are addressed in the 2013-2014 budget.

Financial Impact: None at this time

Related Vision Item

(if applicable):

Financial Vision


N/A

Attachments: Calendar

Presentation: PowerPoint

Publication: N/A


Michael Dane, ACM/CFO

Approved by Legal: N/A

2013-2014 Budget Preparation Calendar

2013-2014 Budget Preparation Calendar (continued)

City of San Angelo


To: Mayor and Council Members

From: Michael Dane, ACM/CFO and Morgan Chegwidden, Budget Manager

Subject: Agenda Item for 7-2-13 Council Meeting

Contact: Morgan Chegwidden, 653-6291

Caption: Regular Item

Discussion and any action regarding excess Hotel Occupancy Tax receipts

Summary: Due to positive economic experience, the City of San Angelo has collected more Hotel Occupancy Tax (HOT) than was necessary for current obligations and contracts. In accordance with state law and local ordinance, we can now discuss potential utilization of these surplus funds. For example the Council can allocate excess hotel occupancy tax receipts to one-time projects. This allocation will help stakeholders further the HOT mission by tackling some much needed one-time and/or capital projects. These projects will help serve the citizens of and visitors to San Angelo by maintaining convention facilities and promoting tourism and the arts.

History: The City of San Angelo levied the hotel occupancy tax for the operation of convention facilities, the promotion of tourism, and the improvement of the arts. The current tax rate is 7% for the City of San Angelo. The state levies an additional 6%. No change is proposed to the tax levy.

On February 5, 2013 staff received City Council input and direction on how to revise the allocation of hotel occupancy tax dollars. On March 5, 2013 Council adopted a contract with the Convention & Visitors Bureau to utilize hotel occupancy tax dollars to further the mission of tourism in San Angelo. On April 2, 2013 Council adopted an ordinance changing the annual allocation of hotel occupancy tax dollars. On June 18, 2013 Council adopted the contract with the San Angelo Cultural Affairs Council.

In June management held meetings with stakeholders to gather input on potentially eligible one-time projects.

Financial Impact: None at this time. List of potential projects and financial impact of each will be presented.

Related Vision Item

(if applicable):

Financial Vision


None

Attachments: None

Presentation: PowerPoint

Publication: None


Michael Dane, ACM/CFO


City of San Angelo Parks & Recreation



From: Carl White, Parks & Recreation Director

Subject: Agenda Item for July 2, 2013, Council Meeting

Contact: Carl White, Parks & Recreation Director, 234-1724

Caption: Regular Agenda Item

Consideration of approving the allocation of $30,000.00 of hotel occupancy tax revenues to a City event account and the creation of revenue and expenditure accounts for City events, primarily “River Fest.”

Summary: The Parks and Recreation Department, in cooperation with the Convention and Visitors’ Bureau, Downtown San Angelo, Art in Uncommon Places, The Girl Scouts, Goodfellow AFB, the Operations Department, Angelo State University student organizations, San Angelo Host, Citywise Marketing, San Angelo Museum of Fine Arts, Sealy Flats, Beluh 42, Race Texas and others, are organizing a new event called “River Fest” (for out of town marketing, “San Angelo’s River Fest”) to celebrate the completion of the river project, celebrate the 100-year anniversary of the acquisition of Santa Fe Park, celebrate the arts and life in San Angelo and basically, to throw a party. The event will be held October 18 and 19, 2013 and will begin with the annual unveiling of the Salmon Sculpture Garden sculpture competition at Sunken Garden Park and music at the Riverstage. The next day is packed full of activities along the river from Pecos Street to Concho Avenue. From the west working east, there will be tours of the International Water Lily Collection, a tournament at Santa Fe Golf Course, a Color up Run (beginning at Fort Concho, passing through downtown, following the river, going around the golf course returning along the river and ending at the Paseo), new sculptures at Sunken Garden Park, kick-off, dedication and activities for children and families at Kids’ Kingdom Park (ending with a vintage baseball game), canoe races with the Girl Scouts, competition at the skate park, games at the new games court (including paddle boats), a carnival at Neff’s, a cardboard boat regatta, a laser light show and music at the Riverstage, new art unveiled at the “Great Reveal,” and a balloon glow, and possible lift, at the Paseo. We seek approval of setting up accounts for the new River Fest event (revenue and expenditures). We request the expenditure account be “seeded” with $30,000.00 (of hotel occupancy tax funds) to have access to funds to make commitments and cover expenses related to the event this summer. Revenue will be generated by the event from concession sales and the carnival, supplemented by sponsorships, to keep funding in the account for future events. Attached is information showing estimated costs for the event this first year. We understand this request would require a budget amendment and City Council approval.

History: There is no history on this item. This event is not a recreation of Fiesta del Concho.

Financial Impact: An allocation of $30,000.00 from hotel occupancy tax revenues.

Related Vision Item: Promotion of activity downtown.


The Parks and Recreation Advisory Board will meet on June 27 and provide a recommendation which I will report to the City Council.

Attachments: Presentation

Presentation: Verbal and PowerPoint.

Publication: N/A


Rick Weise, Assistant City Manager


City of San Angelo






Caption: Update and Presentation on the Hickory Water Supply Project

(Requested by Councilmember Farmer and presentation by Water Utilities Director Ricky Dickson)

Summary: During the June 18, 2013 City Council meeting, Council requested the contract term dates pertaining to Hickory Project for the engineering firm, the percentage of project completed to date, and a budget analysis of the project outlining the initial contract value, the amount of expenditures paid to date, and the remaining balance of the project to be paid. History: In 2008, City Council followed the Water Advisory Board’s recommendation that the Hickory Aquifer be chosen as the next water supply source to be developed. Following preliminary feasibility studies and the securing of a low interest loan from the Texas Water Development Board, construction on the first Hickory project began in the Fall of 2011 with the Well Field Pipelines project. This project has since been completed and two other projects are currently under construction. The projects under construction are the 30” Transmission Main and the Booster Pump Station and Well Field Improvements. Projects currently advertised for bids include the Groundwater Treatment Facility and the Well Field Expansion – Package 1. Projects currently in the design phase are the Well Field Expansion – Package 2 which includes equipping the new wells with pumps, providing an additional pump at the Booster Pump Station, well field collector mains and well field access roads.

Financial Impact: Funded from a Texas Water Development Board loan program in the amount of $120,000,000.00. Other Information/Recommendation: N/A Attachments: Presentation Presentation: Project information presented by Ricky Dickson. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 28, 2013.

ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN

Sec. 11.201 Purpose

The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently

Sec. 11.202 Water Conservation Measures

The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times

(1) Conservation Plan The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein

(A) Implementation The director of water utilities will act as the administrator of the water conservation plan The administrator will oversee theexecution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for programverification

(2) Plumbing Code The city plumbing code has provision for water conserving plumbing devices The city will enforce the requirements of the code to ensurethe use of water saving devices

(3) Universal Metering All users of municipal treated water, except for fire sprinkler lines, will be metered

(4) Water Supply Meters The city metering devices will record water use with an accuracy of plus or minus 5 0% in order to measure and account for theamount of raw water diverted from the source of supply

(5) Restaurants Restaurants shall not serve water to their customers except when specifically requested by the customer

(6) Waste of Water As defined below shall be prohibited

(A) Allowing treated or raw city water, greywater, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility anddrain for more than 150 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility

(B) Failure to repair a controllable leak

(7) Prohibited Watering Hours The use of treated or raw city water, greywater or reclaimed water for watering lawns, gardens, landscape areas, trees, golfcourses, shrubs or other plants being grown outdoors (not in a nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p m daily from April 1through October 31

(8) Watering Frequency The use of treated or raw city water, greywater or reclaimed water for watering lawns, landscape areas, trees, gardens, golf courses(except greens), shrubs or other plants being grown outdoors (not in a nursery) shall be allowed at a frequency of twice every seven days during the period of April1 through October 31 and once every seven days during the period of November 1 through March 31 Golf course greens may be watered once per day year round

(9) New Landscape Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequencyprovided written notification is given to the city code compliance division or water conservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day

(B) Days 15-28 from planting; twice per day every day of such period at any time of day

(10) Allowable Application Rates The maximum amount of treated or raw city water, greywater or reclaimed water applied to established lawns, landscapeplants, golf courses (except greens) or shrubs shall not exceed 1 inch per week

(Ordinance adopted 2/7/12)

(11) Drip Irrigation Landscape or foundation watering with a drip irrigation system such as a soaker hose, deep root watering system, drip pipe or tape, orbubbler shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week For the purpose of this article, drip irrigation shall mean a water saving irrigation system designed to emit water at low volumes and low pressures directly onto or below the soilsurface without airborne streams or droplets

(12) Hand Watering Hand watering of lawns, gardens, landscape areas, trees, shrubs or other plants being grown outdoors or foundations may be done on anyday, except during the prohibited watering hours, provided the allowable application rate is not exceeded Hand watering shall be watering with a hose that is handheld for the duration of the irrigation event, or watering with a container of five gallons or less

(Sec 1, Ordinance adopted 2/21/12)

(13) Excessive Usage of Water Excessive usage of water as defined below shall be prohibited and shall be a violation of the water conservation and droughtcontingency plan:

(A) Any use of water by a customer in excess of the maximum allowable application rates under subsection (10) above

(B) Usage of water in amounts such that an “Excessive Usage Fee” as set out in this article is assessed

(14) Excessive Usage Fee A fee shall be charged for excessive water usage in the amounts set forth below This fee shall be in addition to the standard feecharged for water usage

(A) For single-family residential accounts, an additional fee of $1 50 per 1,000 gallons shall be charged for all usage from 40,000 thru 49,000 gallonsduring a billing period, an additional fee of $2 50 per 1,000 gallons shall be charged for all usage from 50,000 thru 59,000 gallons during a billing period, andan additional fee of $5 00 per 1,000 gallons shall be charged for all usage over 59,000 gallons during a billing period Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on themeter(s) supplying water to the landscape watering system

(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional

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fee of $1 50 per 1,000 gallons shall be charged for all usage from 90,000 thru 109,000 gallons during a billing period, an additional fee of $2 50 per 1,000gallons shall be charged for all usage from 110,000 thru 129,000 gallons during a billing period, and an additional fee of $5 00 per 1,000 gallons shall becharged for all usage over 129,000 gallons during a billing period

(15) Contracts with Other Political Subdivisions, Water Supply Corporations or Water Suppliers Any political subdivision, water supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed or extended To the extent of the city’s legal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11 203

(A) In the event that the triggering criteria specified in Section 11 203(f) of the Plan for Water Supply Stage - Drought Level III - have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11 039 and accordingto the following water allocation policies and procedures

(B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversionsand/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant Once pro rata allocation is in effect, waterdiversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month

(C) Upon initiation of pro rata water allocation, water utility director shall provide notice, by certified mail, to each wholesale customer informing them oftheir monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality

(16) Water Demand Emergency In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence The citycouncil shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water demandemergency can be met Upon initiation of a water demand emergency, the water utility director shall provide notice, by certified mail, to the executive director ofthe Texas Commission on Environmental Quality and shall notify the news media

(17) Water Supply Emergency In the event of a water system failure or emergency (i e pressure zone deficiencies, chemical spills, broken water mains, poweroutages, failures of storage tanks or other equipment, treatment plant breakdown and/or water contamination) which limits the amount of water which may betreated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence The city council shallbe authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can bemet Upon initiation of a water supply emergency, the water utility director shall provide notice, by certified mail, to the executive director of the TexasCommission on Environmental Quality and shall notify the news media

(18) Public Information The water utilities director will provide regular public education and information about the importance of year-round water efficiency as delineated in the plan, and will provide general information about water supply conditions and drought plan provisions on at least an annual basis The purposeof this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources The city has several water supply sources that it can draw upon to meet its needs Local surface water sources include Lake Nasworthy, TwinButtes Reservoir, O C Fisher Reservoir and the South Concho River Nonlocal surface water supplies are available to the city from O H Ivie Reservoir and Spence ReservoirThe city has a groundwater source in the Hickory Aquifer

When local reservoirs are full, the city’s primary water supply will be from these reservoirs along with nonlocal or groundwater sources as needed When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal sources or groundwater sources During drought conditions, the primary source of supply will be nonlocal sources, subject to the maximum amount available from each source, with the remaining amount of water coming from the local sources or groundwater sources that the city may develop

(b) Drought Trigger Point Whenever the total amount of water available to the city falls below the minimum criteria established for each water supply stage level, the cityshall be deemed to have entered a drought stage for management of its water supplies

The water utilities director shall notify the city manager and city council upon entering the threshold of a drought stage The council shall implement each stage by resolution A notice of such resolution shall be published one time in the local newspaper The criteria for each stage and the water management measures which shall be enforced are as follows in subsections (d) to (f)

(c) Public Information The water utilities director will provide reports to the news media with information regarding current water supply conditions, projected watersupply and demand conditions if the current drought conditions continue, and consumer information on water conservation measures and practices Information describingeach water supply stage trigger point and drought level restrictions on water use shall be prepared and published on the city’s website

(d) Water Supply Stage - Drought Level I

(1) The minimum criteria for this drought stage shall be the following

The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply

(2) In addition to the conservation measures stated in Section 11 202 of this article, the following additional water conservation measures shall be in force duringWater Supply Stage - Drought Level I

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants beinggrown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be twice every seven daysduring the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11 202

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11 202

(C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11 202 for “new landscape ”

(3) A fee shall be charged for water usage in the amounts as set forth below This fee shall be in addition to the standard fee charged for water usage and shall bein lieu of the “excessive usage fee” as defined in Section 11 202

(A) For single-family residential accounts, an additional fee of $2 00 per 1,000 gallons shall be charged for all usage from 25,000 thru 34,000 gallonsduring a billing period, an additional fee of $3 50 per 1,000 gallons shall be charged for all usage from 35,000 thru 44,000 gallons during a billing period, and

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an additional fee of $6 00 per 1,000 gallons shall be charged for all usage over 44,000 gallons during a billing period Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on themeter(s) supplying water to the landscape watering system

(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additionalfee of $2 00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3 50 per 1,000gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6 00 per 1,000 gallons shall becharged for all usage over 114,000 gallons during a billing period

(e) Water Supply Stage - Drought Level II


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than an 18-month supply

(2) In addition to the conservation measures stated in Section 11 202 of this article, the following additional water conservation measures shall be in force duringWater Supply Stage - Drought Level II

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants beinggrown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven daysduring the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11 202

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11 202

(C) Watering of “new landscape” shall not be allowed as stated in Section 11 202 for “new landscape ”

(3) A fee shall be charged for water usage in the amounts as set forth below This fee shall be in addition to the standard fee charged for water usage and in lieuof the water usage fee set out in subsection (d)(3) the “excessive usage fee” as defined in Section 11 202

(A) For single-family residential accounts, an additional fee of $3 50 per 1,000 gallons shall be charged for all usage from 10,000 thru 19,000 gallonsduring a billing period, an additional fee of $5 00 per 1,000 gallons shall be charged for all usage from 20,000 thru 29,000 gallons during a billing period, andan additional fee of $8 00 per 1,000 gallons shall be charged for all usage over 29,000 gallons during a billing period Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on themeter(s) supplying water to the landscape watering system

(B) For all landscape meters except those at single family residences, an additional fee of $3 50 per 1,000 gallons shall be charged for all usage from60,000 thru 79,000 gallons during a billing period, an additional fee of $5 00 per 1,000 gallons shall be charged for all usage from 80,000 thru 99,000 gallonsduring a billing period, and an additional fee of $8 00 per 1,000 gallons shall be charged for all usage over 99,000 gallons during a billing period

(f) Water Supply Stage - Drought Level III


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 12-month supply

(2) In addition to the water conservation measures stated in Section 11 202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level III


(A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, golf courses (including greens), shrubs or other plants beinggrown outdoors is prohibited Hand Watering or Drip Irrigation of trees and foundations may be done on days and at times as established by the City Council(Sec 2, Ordinance adopted 2/21/12)

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare ofthe public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed

(3) A fee shall be charged for water usage in the amounts as set forth below This fee shall be in addition to the standard fee charged for water usage and shall bein lieu of the water usage fee set out in subsections (d)(3) and (e)(3) and the “excessive usage fee” as defined in Section 11 202

(A) For single-family residential accounts, an additional fee of $6 00 per 1,000 gallons shall be charged for all usage over 10,000 gallons during a billingperiod

(B) For apartment unit accounts, an additional fee of $5 00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units inthe apartment times 3,000 gallons during a billing period

(C) For all other water users, an additional fee of $2 50 per 1,000 gallons shall be charged for all usage


Sec. 11.204 Exception and Variance

(a) Exceptions The City Council may allow exceptions to any of the provisions of this article The Council may place conditions on any exception

(b) Watering Restrictions There shall be an exception to the prohibitions of this article regarding watering restrictions:

(1) Use of water for installing, testing and repairing sprinkler systems

(2) Watering frequency and schedules for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council

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(c) Variance

(1) A person desiring an exemption from any provision of this article shall file a petition for variance with the city manager All petitions for variances shall bereviewed and acted upon by the city council The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s)

(B) Purpose and estimated amount of water use

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption

(D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner orothers if petitioner complies with this article

(E) Description of the relief requested

(F) Period of time for which the variance is sought

(G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date ofsuch other measures

(H) Other pertinent information

(I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if suchviolations have occurred, a statement setting out all reasons why such ordinance was violated

(2) The city council may grant a variance from the requirements of this article after determining that because of special circumstances applicable to theapplicant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undue hardship on a program or service offered by a public entity; or

(C) Substantially threatens the applicant’s primary source of income

(3) Additionally, the city council may grant a variance from the requirements of this article if it determines that the applicant can implement alternative wateruse restrictions which meet or exceed the intent of this article The city council shall approve specific alternative water use restrictions

(4) Any variance granted by the city council may be revoked after a determination by the city council that revocation is necessary for the public health andsafety or upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions

Sec. 11.205 Implementation and Service Restrictions

(a) Implementation

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan The administrator will oversee theexecution and implementation of all elements of the program The administrator will be responsible for supervising the promulgation and retention of adequaterecords for program verification

(2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program

(b) Contracts With Other Political Subdivisions, Water Supply Corporations or Water Suppliers Any political subdivision, water supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed

(c) Service Restrictions The water conservation and drought contingency plan shall be enforced by the following service restrictions:

(1) Water service taps will not be provided to customers not meeting the plan requirements

(2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water

(3) Customers who do not pay their water bills shall be subject to discontinuance or disconnection of service

(4) The building inspection department will not certify new construction which fails to meet the plan requirements

Sec. 11.206 Enforcement

(a) Violations of any provisions of the water conservation and drought contingency plan may be enforced as follows:

(1) First violation Any person or entity as defined under this chapter may be given a verbal or written warning

(2) Second and subsequent violations

(A) Violation of any provision of the water conservation and drought contingency plan constitutes a Class C misdemeanor offense for which a citation maybe issued

(B) Second and subsequent violations shall be punishable by a maximum fine of up to two thousand dollars ($2,000 00) per day per violation as providedby Section 1 106 of the Code of Ordinances of the City of San Angelo

(C) Proof of a culpable mental state is not required for a conviction of an offense under this section Each day any person or entity fails to comply with the

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water conservation and drought contingency plan is a separate violation

(3) Third and subsequent violations For third and subsequent violations of the water conservation and drought contingency plan, the water utilities directorshall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur Services discontinued ordisconnected under such circumstances shall be restored only upon payment of charges as provided for in Article 11 300

(b) Compliance with any provision of the water conservation and drought contingency plan may be enforced by civil court action as provided by state and federal law


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City of San Angelo






Caption: Discussion of Drought Level stages in accordance with the Water Conservation and Drought Contingency Ordinance

Summary: The Water Conservation/Drought Contingency Plan is designed to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply shortage. Trigger Points are included in the plan for entering three different drought stages. Currently, Drought Level II is in effect.

History: The Water Conservation Plan contains the following water supply management levels:

1. Standard Conservation – City has greater than a 2 year water supply. 2. Drought Level I – City has less than a 2 year supply. 3. Drought Level II – City has less than an 18 month water supply. 4. Drought Level III – City has less than a 1 year supply.

Financial Impact: As a part of the Drought Contingency Plan, the water rate schedule is adjusted to include additional fees for excessive usage. During Drought Level II, residential accounts are charged the following fees in addition to the standard fee:

· Usage from 10,000 to 19,000 gallons in a billing period, an additional fee of $3.50 per 1,000 gallons is added

· Usage from 20,000 and 29,000 gallons in a billing period, an additional fee of $5.00 per 1,000 gallons is added

· Usage over 29,000 gallons in a billing period, an additional fee of $8.00 per 1,000 gallons is added.

During Drought Level III, accounts are charged the following fees in addition to the standard fee: · For single-family residential account, an additional fee of $6.00 per 1,000 gallons shall be

charged for all usage over 10,000 gallons during a billing period. · For apartment unit accounts, an additional fee of $5.00 per 1,000 gallons shall be charged

for all usage over 3,000 gallons during a billing period. · For all other water users, an additional fee of $2.50 per 1,000 gallons shall be charged.

Related Vision Item (if applicable): None.

Other Information/Recommendation:

Attachments: Water Conservation and Drought Contingency Ordinance

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, June 27, 2013.

july 2, 2013 agenda packet

Business

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