june 19, 2012 agenda packet

City Council Agenda of 3 June 19, 2012

NOTICE OF A PUBLIC MEETING

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

9:00 A.M. - Tuesday, June 19, 2012 McNease Convention Center, South Meeting Room

500 Rio Concho Drive THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 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

"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”

C. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the June 5, 2012 City Council Regular meeting minutes

2. Consideration of awarding bid WU-07-12 for East Angelo Draw Sewer Line to Price Construction, Ltd. (Big Spring, TX) not to exceed an amount of $2,306,430.00 and authorizing the Interim City Manager to execute said contract and any related documents.

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

a. 2666 Kings Road (Cunningham), Lot 51, Group Fishermans Road, $99,716.00 b. 2570 Sleepy Hollow Road (Nobles), Lot 27, Group Fishermans Road, $90,946.00 c. 1607 Turtle Drive (Young), Lot 28, Group Shady Point, $25,034.00

4. Consideration of approving a residential lease renewal at Lot 21, Group Lincoln Park (Daniel), 6402 Lincoln Park Road West, and authorizing the Water Utilities Director to execute the same

5. Consideration of adopting a Resolution approving the Parks & Recreation Department Outdoor Public Art Display Program and authorizing the Parks & Recreation Director to administer the program

6. Consideration of adopting a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested


approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution is passed is open to the Public as required by law, requiring notice of this Resolution to legal counsel

7. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an Interlocal Contract with National Joint Powers Alliance (NJPA) providing for a cooperative purchasing program for goods and services, and designating the City Manager as official representative of the city relating to the contract

8. Consideration of authorizing the notice to proceed to Gajeske, Inc. (RFP WU-02-12, Lake Pumping System) for the pumping of water from the South Pool of Twin Buttes Reservoir to the North Pool

9. Consideration of adopting a Resolution implementing Drought Level II of the City’s Water Conservation And Drought Contingency Plan

10. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a temporary nonexclusive license agreement for awning with Susan Daniel d/b/a The Black Swan for constructing and maintaining an awning on the east side of 118 South Chadbourne street and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein

11. Second Hearing and consideration of adoption of an Ordinance authorizing abandonment of public right-of way in College Hills West, Section 6, Block 4 in southern San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern 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

12. Second Hearing and consideration of adoption of an Ordinance amending Chapter 2, Section 2.129 regarding travel reimbursement for City Council and aligning with the recently approved Employee Expense Policy

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and


which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

G. PUBLIC HEARING AND COMMENT

13. First public hearing and introduction of an Ordinance amending Article 8 of the City of San Angelo Code of Ordinances, and adopting Article 8.100 related to prohibiting the parking of vehicles on unimproved surfaces in certain situations and in residential districts

AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE

(Presentation by Planning Manager AJ Fawver)

14. Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2012 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds

(Presentation by Neighborhood and Family Services Director Robert Salas)

15. Presentation of a proposal from Action Baseball Academy for a lease license agreement to operate a baseball instruction facility within an area of Ben Ficklin Park and authorizing staff to negotiate said agreement

(Presentation by Parks and Recreation Director Carl White)

16. Presentation of a proposal for naming rights agreement for the Municipal Pool and authorizing Citywise Marketing, LLC, Agent for the City of San Angelo to negotiate said agreement

(Presentation by Parks and Recreation Director Carl White and Citywise Marketing, LLC, Agent Stephen McLaughlin)

17. Consideration of approving adjusted rental rates for the large and north meeting rooms, and kitchen use fees at the McNease Convention Center

(Presentation by Civic Events Manager Anthony Wilson)

18. Consideration of approving a new rental rate structure for Pecan Creek Pavilion and designating the resulting increased revenues for capital improvements at the facility

(Presentation by Civic Events Manager Anthony Wilson)

19. Discussion and consideration of matters related to the FY 2012-2013 Budget

(Presentation by Budget Manager Morgan Trainer)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

20. Consideration of matters discussed in Executive/Session, if needed

21. Announcements and consideration of Future Agenda Items

a. Consideration of Cancellation of Regular meeting on July 3, 2012

22. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, June 13, 2012, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 511 Tuesday, June 5, 2012 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:14 A.M., Tuesday, June 5, 2012, 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 Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

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

An invocation was given by Bishop Michael Pfiefer, OMI, and pledge was led by Megan and Derek Dunn, daughter and son of Fire Chief Brian and Finance Administrative Assistant Becky Dunn.

PROCLAMATION

“Day of Prayer of Thanksgiving to our God for the Recent Rains", June 10, 2012, to be accepted by Bishop Michael D. Pfeifer, OMI

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE MAY 15, 2012 AND MAY 22, 2012 CITY COUNCIL REGULAR AND SPECIAL MEETING MINUTES, RESPECTIVELY AWARD OF BID WU-04-12 FOR WATER RECLAMATION POLYMER TO ASHLAND, INC. (COVINGTON, KY) IN THE AMOUNT OF $150,150.00 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF TAX LOTS: 630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T (ANNEX A, PAGE 519, RESOLUTION #2012-06-069) 737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T (ANNEX B, PAGE 521, RESOLUTION #2012-06-070) 2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T (ANNEX C, PAGE 523, RESOLUTION #2012-06-071) 219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-06-0124-T (ANNEX D, PAGE 525, RESOLUTION #2012-06-072)

12 Minutes Vol. 103 June 5, 2012

ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEED AUTHORIZING SALE OF TAX LOT UNDER THE URBAN REDEVELOPMENT PROGRAM LOCATED AT 601 ANTONIO STREET, (LOGAN ENTERPRISES, INC), LOT 9, BLOCK 4, ARROYA ADDITION, URBAN REDEVELOPMENT PROGRAM, SUIT NO. B-07-0118-T (ANNEX E, PAGE 527, RESOLUTION #2012-06-073) APPROVAL OF A RESIDENTIAL LEASE RENEWAL, AT LOT 18, GROUP RED BLUFF, 2810 RED BLUFF ROAD (BENETICH); AND AUTHORIZATION FOR THE WATER UTILITIES DIRECTOR TO EXECUTE THE SAME ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH BOBBY AND KAREN EGGEMEYER FOR CONSTRUCTING AND MAINTAINING AN AWNING AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF SOUTH OAKS STREET WITH EAST CONCHO AVENUE, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX F, PAGE 529, RESOLUTION #2012-06-074) ADOPTION OF A RESOLUTION RATIFYING THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CONTRACT AMENDMENT TO EXTEND THE CONTRACT END DATE TO ALIGN WITH THE STATE FISCAL YEAR, EXTEND THE EQUIPMENT PURCHASE DEADLINE DATE, ADD ADDITIONAL FUNDS IN THE AMOUNT OF $6,501.00, AND REALLOCATE FUNDS TO REFLECT ACTUAL EXPENDITURES (ANNEX G, PAGE 531, RESOLUTION #2012-06-075) SECOND HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING BED & BREAKFAST REGULATIONS CATALOG AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE Councilmember Farmer requested further clarification on the second hearing of the Bed and Breakfast Ordinance. Council concurred.

Motion, to approve the Consent Agenda, with the exception of the second hearing of the Bed and Breakfast Ordinance, as presented, was made by and seconded by. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING BED & BREAKFAST REGULATIONS CATALOG (ANNEX H, PAGE 533, ORDINANCE #2012-06-076) AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 12, EXHIBIT A “ZONING ORDINANCE”, ARTICLE 4 “SPECIFIC USE STANDARDS”, BY AMENDING SECTION 406 “BED AND BREAKFAST ESTABLISHMENTS”, TO PROVIDE SPECIFIC USE STANDARDS FOR BED AND BREAKFAST APPLICABLE IN ALL ZONING DISTRICTS, AND ADDITIONAL SPECIFIC USE STANDARDS APPLICABLE IN RESIDENTIAL ZONE DISTRICTS; AMENDING ARTICLE 3 “USE

Minutes Page 513 June 5, 2012 Vol. 103

REGULATIONS”, SECTION 309 “USE TABLE”, BY RESTATING THAT PART OF THE USE TABLE DESIGNATED “COMMERCIAL”, “BED & BREAKFAST”, CONSISTENT WITH THE AMENDMENT OF SECTION 406; PROVIDING FOR SEVERABILITY; PROVIDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND, PROVIDING FOR AN EFFECTIVE DATE Planning Manager AJ Fawver presented background information. General discussion was held on, type, placement, and size of signage for such establishments. Ms. Fawver clarified the ordinance stipulated and outlined the necessary signage requirements. Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN THE MAINTOWN ADDITION, BLOCK 7 IN DOWNTOWN SAN ANGELO AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 20’ wide x 130’ long portion of alley running east to west, and perpendicular to S. Chadbourne Street in the Maintown Addition, Block 7, and immediately north of Lot 20 in downtown 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 Planning Manager AJ Fawver presented background information. She reviewed the changes to the ordinance since publication of the introduction of this ordinance, specifically the location and size of the enclosed fenced area as recommended by staff. Chief Dunn advised against parking a truck in this limited area, however, he noted the space will allow sufficient room to maneuver staff and equipment. General discussion was held on the misaligned north to south alley. Councilmember Hirschfeld suggested ‘shaving off’ a portion of the proposed abandonment, thereby allowing the abandoned area to follow the existing raised curved on the north side of the alley. Council concurred. Councilmember Farmer questioned the ownership of the property and staff confirmed the ownership. Motion, to introduce the Ordinance, as amended, was made by Councilmember Silvas. Mayor suggested staff provide further clarity on size of the abandonment, confirm the recommended changes with the proponent, verify the ownership of the property, and present their findings at a future meeting. Council concurred. Councilmember Silvas withdrew his motion. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN COLLEGE HILLS WEST, SECTION 6, BLOCK 4 IN SOUTHERN SAN ANGELO, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern 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 Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Minutes Vol. 103 June 5, 2012

General discussion was held on the difference between abandonment and property transfer, utilities located within the abandonment, responsibility of the private property owner and utilities to agree to move those utilities, Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Mayor New. Public comment was made by proponent’s Realtor David Aycock. A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld. NAY: Farmer. Motion carried 4-1. APPROVAL OF MATTERS RELATED TO THE CONSTRUCTION OF NEW LIVESTOCK BUILDING: ADOPTION OF RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXERCISE CITY’S TERMINATION RIGHTS UNDER THE CONTRACT FOR CONSTRUCTION OF NEW LIVESTOCK BUILDING FOR THE SAN ANGELO STOCK SHOW & RODEO ASSOCIATION BETWEEN CITY AND R. M. FORD CONSTRUCTION, INC. AND THEREBY PROVIDE NOTICE OF TERMINATION TO CONTRACTOR AND TAKE OTHER SUCH ACTION AS REQUIRED OR NECESSARY (ANNEX I, PAGE 535, RESOLUTION #2012-06-077) AUTHORIZATION FOR STAFF TO REDEVELOP AND RE-ISSUE A REQUEST FOR BIDS FOR THE CONSTRUCTION OF A NEW LIVESTOCK BUILDING AT THE SAN ANGELO FAIRGROUNDS Civic Events Manager Anthony Wilson presented background information. General discussion was held on the bid performance bond, Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously. Motion, to authorize staff to proceed, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

RECESS

At 10:15 A.M., Mayor New called a recess.

RECONVENE

At 10:33 A.M., Council reconvened, and the following business was transacted: TABLING OF A FIRST AMENDED AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TWO PRO MANAGEMENT FOR MANAGEMENT AND OPERATION OF THE SANTA FE GOLF COURSE Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the additional terms to keep the grounds watered, adhering to the restrictions under the Water Conservation Plan, funding costs prior to Two Pros management, the golf course as an enterprise fund department and the contractual terms to increase the subsidy by the City, the initial contract negotiated to establish a diminishing subsidy, benchmarks within the contract, reviewing the contract on an annual basis, the continuous challenge to operate the golf course, the request for a detailed year to date expenses and revenue budget report. Council suggested staff consider and renegotiate the contract language in Section 7.1 a, b, c, to possibly reduce the subsidy. In conclusion, Council suggested tabling the item until all information could be provided.


DISCUSSION AND APPROVAL OF MATTERS RELATED TO THE LANDFILL AND RELATED ITEMS:

· DIRECTION TO STAFF REGARDING RATES FOR RESIDENTIAL GARBAGE COLLECTION, COMMERCIAL GARBAGE COLLECTION, AND LANDFILL GATE FEES

Interim City Manager Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. He suggested increasing residential and commercial fees in an amount commensurate with the increased fees to the landfill.

General discussion was held on the amount of the proposed rate increases and implementing the increases in increments versus one large increase. Mr. Dane stated further discussions will be held on how to collect and implement the rates.

In conclusion, Council directed staff to present an incremental plan setting the first year at $6.32 and providing phased in rates until the necessary adjusted rates, as presented, are met.

· AUTHORIZATION OF A PILOT PROGRAM UTILIZING ROLLOUT CARTS FOR TRASH COLLECTION

Republic Services Municipal Services Manager Robert Searls, Sr. Area Municipal Services Manager Reid Donaldson, Division Controller Brittany Reichenau, and Area Sales Manager Stephen Mohan. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on providing the pilot program within each of the single member districts, program details, sample brochures, safety and risk factors, full participation by all residents, the understanding that the program must be inline and comply as outline in the Code of Ordinance language, and selecting challenging areas for the service.

Motion, to approve the pilot program, as presented, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.

· APPROVAL FOR IN-KIND SUPPORT FOR KEEP SAN ANGELO BEAUTIFUL TO PERFORM THE GREAT AMERICAN CLEANUP ON JUNE 16TH, 2012 AT THE SAN ANGELO COLISEUM

Code Compliance Manager James Flores presented background information.

Motion, to approve the in-kind support, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.

General discussion was held on the operating hours of the event.

· DIRECTION TO STAFF ON FUTURE COMBINED CITY CLEANUP EFFORTS

Interim City Manager Michael Dane presented background information. He informed by combining these efforts, the City could provide and gain better efficiencies, as well as further maximize the per dollar expended.

In consensus, Council directed staff to approach the groups and coordinate all the efforts into one large event.

RECESS

At 12:05 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:28 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney; Section 551.074 (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and Section


551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

OPEN SESSION (continued)

At 1:50 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:50 P.M., Mayor New called a recess.

RECONVENE

At 1:53 P.M., Council reconvened, and the following business was transacted:

APPROVAL OF MATTERS RELATED TO THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT:

· AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO APPLY FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT IN THE AMOUNT UP TO $1.5 MILLION FOR THE CONSTRUCTION OF A NEW FIRE TRAINING CENTER LOCATED BEHIND 3142 HIGHWAY 67 NORTH;

· AUTHORIZATION FOR AN EQUAL MATCH OF FUNDS TO BE DEDICATED FROM THE GENERAL FUND RESERVES IN THE AMOUNT OF $1.5 MILLION;

· AUTHORIZATION FOR REIMBURSEMENT FOR SAID MATCHING FUNDS FROM THE EMERGENCY MEDICAL SERVICES FEES;

· ACCEPTANCE OF SAID EDA GRANT AWARD BY THE CITY, IF APPROVED; AND, · AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE ALL DOCUMENTS

RELATED TO SAID GRANT

Fire Chief Brian Dunn presented background information.

Motion, to authorize the matters related to the EDA Grant, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.

General discussion was held on the partnerships to achieve this effort and current fund balance of $6.5M.

A vote was taken on the motion on the floor. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 2, SECTION 2.129 REGARDING TRAVEL REIMBURSEMENT FOR CITY COUNCIL AND ALIGNING WITH THE RECENTLY APPROVED EMPLOYEE EXPENSE POLICY

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

Interim City Manager Michael Dane presented background information and advised the ordinance pertains to specific reimbursement requests not currently covered under the existing policy.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.

Responding to a question whether the travel settlements would be presented to City Council as an agenda item,


Mr. Dane confirmed the item would be addressed on a City Council agenda.

A vote was taken on the motion on the floor. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

APPROVAL BY CITY COUNCIL TO DIRECT STAFF TO DEVELOP A REQUEST FOR PROPOSAL FOR A LEASE OF PROPERTY LOCATED AT 8926 HANGAR ROAD

Mayor New informed the issue was now open for public comment and reminded the public the item under consideration is to discuss and approve the proposal for a lease of property located at 8926 Hangar Road.

Public comments were made by Airport Advisory Board Chairman Charlie Powell, Citizen Dale Bates (He distributed a petition dated August 1, 2011 to the Council. A copy of the presentation is part of the Permanent Supplemental Minute record.), Skyline Aviation Owner Dave Gossett, David Barry, Jimmy Bennett, John David Field (He distributed a letter by former Airport Director Arb Rylant. A copy of the report/presentation is part of the Permanent Supplemental Record.), James Sanders, and Dave Girfer.

Mayor New closed the public comment period.

Motion, to direct staff to negotiate a new lease with Skyline Aviation, was made by Councilmember Morrison and seconded by Councilmember Silvas.

A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld. NAY: Farmer. Motion carried 4-1.

CONSIDERATION OF FUTURE AGENDA ITEMS

Interim City Manager Michael Dane distributed the proposed June 19, 2012 Agenda and solicited Council comments and suggestions.

Councilmember Hirschfeld commented on the need for work sessions in order to discuss, seek, and instruct staff on specific directives and changes as specified by City Council. City Clerk Alicia Ramirez informed a work session is an approved agenda category under the current Rules of Procedure to conduct City Council Meetings. General discussion was held the session and whether such posed the need for additional meetings.

ADJOURNMENT

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

The meeting adjourned at 3:10 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-I


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.)

City of San Angelo

Memo Date: June 1, 2012

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for June 19, 2012 Council Meeting

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

Caption: Consideration of awarding bid WU-07-12 for the East Angelo Draw Sewer Line to Price Construction, Ltd. not to exceed an amount of $2,306,430, authorizing staff to negotiate a contract, and authorizing the Interim City Manager, Water Utilities Director, or Interim City Manager Designee to execute said contract and any related documents.

Summary: Bids have been received from 3 contractors for the construction of the East Angelo Draw Sewer Line including rehabilitation of sewer lines in Sulphur Draw from Madison at Algerita to Monroe St. west and Ave. J south. The three contractors are Housley Communications, Inc., Price Construction, Ltd. and Roberts Construction Co. Low bid for the project was submitted by Price Construction, Ltd. in the amount of $2,306,430 and the bid had no exceptions to the specifications. History: East Angelo Draw (1960’s) and Sulphur Draw (1930’s and 1950’s) sewer lines are identified in the Wastewater Master Plan for replacement and expansion based on age, condition and demand growth. Financial Impact: Bid amount $2,306,430 funded by the Wastewater Capital Improvements Program funds. Related Vision Item (if applicable): Capital Improvements Program and Wastewater Master Plan. Other Information/Recommendation: The project will consist of the installation of approximately 9,500 feet of new sewer mains from 6 inch in size to 18 inch; rehabilitation of approximately 3,600 feet of sewer mains using Cured In Place Pipe (CIPP) lining technology, 38 new manholes, 1 fiberglass vault, bypass pumping and all other materials and labor required for a fully new and complete installation. Notice To Proceed is scheduled for July and completion of the Sulphur Draw portion is projected by December of this year. The East Angelo Draw sewer completion date is projected for July 2013. It is recommended the bid be accepted from Price Construction, Ltd. (Big Spring, Texas) and the Interim City Manager, Water Utilities Director or Interim City Manager Designee be authorized to negotiate and execute a contract and any related documents.

Attachments: Bid Tabulation Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 1, 2012.

Y:\12-RFX\Water Utilities\WU0712 E Angelo Draw\Bid Tab WU0712

CITY OF SAN ANGELO

Bid Tabulaltion

RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012

Ite

m Description Est. Qty U

nit

s

Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended

Price

124” PS 46 PVC PIPE OPEN CUT INCL. BYPASS PUMP SYSTEM

40 LF $ 212.94 $ 8,517.60 $ 136.00 $ 5,440.00 $ 357.00 $ 14,280.00 $ - $ -

218" PS 46 PVC PIPE OPEN CUT INCL. BYPASS PUMP SYSTEM (EAST ANGELO DRAW)

6,830 LF 167.48 1,143,888.40 123.00 840,090.00 128.50 877,655.00 - 0.00

318" PS 46 PVC PIPE OPEN CUT INCL. BYPASS PUMP SYSTEM (SULPHUR DRAW)

244 LF 167.38 40,840.72 765.00 186,660.00 307.00 74,908.00 - 0.00

412" SDR 35 PVC PIPE OPEN CUT INCL. BYPASS PUMP SYSTEM

2,050 LF 147.09 301,534.50 108.00 221,400.00 106.30 217,915.00 - 0.00


40 LF 143.71 5,748.40 103.00 4,120.00 133.00 5,320.00 - 0.00


200 LF 138.09 27,618.00 82.00 16,400.00 89.00 17,800.00 - 0.00


148 LF 135.37 20,034.76 82.00 12,136.00 76.00 11,248.00 - 0.00

8CLEAN & CCTV INSPECT 20” GRAVITY SEWER MAIN (EAST ANGELO DRAW)

583 LF 28.82 16,802.06 12.00 6,996.00 45.00 26,235.00 - 0.00

920” CIPP INSTALLATION INCL. BYPASS PUMP SYSTEM (EAST ANGELO DRAW)

583 LF 227.25 132,486.75 153.00 89,199.00 130.00 75,790.00 - 0.00

10CLEAN & CCTV INSPECT 12” GRAVITY SEWER MAIN (SULPHUR DRAW LINES

O O C &

1,132 LF 7.25 8,207.00 5.50 6,226.00 32.00 36,224.00 - 0.00

1112” CIPP INSTALLATION or PIPE BURSTING INCL. BYPASS PUMP SYS

1,132 LS 177.25 200,647.00 53.00 59,996.00 79.00 89,428.00 - 0.00

12CLEAN & CCTV INSPECT 8” GRAVITY SEWER MAIN (SULPHUR DRAW LINES MH E TO MH F & MH E TO CLEAN

596 LF 7.25 4,321.00 5.00 2,980.00 31.00 18,476.00 - 0.00

138” CIPP INSTALLATION or PIPE BURSTING INCL. BYPASS PUMP SYS. (S S O

596 LF 168.50 100,426.00 41.00 24,436.00 85.00 50,660.00 - 0.00

14CLEAN & CCTV INSPECT 8” GRAVITY SEWER MAIN (SULPHUR DRAW LINE MH I TO MH D)

589 LF 7.25 4,270.25 8.00 4,712.00 31.00 18,259.00 - 0.00

158” CIPP INSTALLATION INCL. BYPASS PUMP SYSTEM (SULPHUR DRAW LINE MH I TO MH D)

589 LF 168.50 99,246.50 41.00 24,149.00 70.00 41,230.00 - 0.00

16CLEAN & CCTV INSPECT 6” GRAVITY SEWER MAIN (SULPHUR DRAW LINES

O & O )

517 LF 7.25 3,748.25 5.00 2,585.00 31.00 16,027.00 - 0.00

176” CIPP INSTALLATION or PIPE BURSTING INCL. BYPASS PUMP SYSTEM (SULPHUR DRAW LINES MH J

517 LF 168.50 87,114.50 47.00 24,299.00 70.00 36,190.00 - 0.00

18CLEAN & CCTV INSPECT 6” GRAVITY SEWER MAIN (SULPHUR DRAW LINES MH I TO FIRST BEND SOUTH & MH K

191 LF 7.25 1,384.75 5.00 955.00 33.00 6,303.00 - 0.00

196” CIPP INSTALLATION INCL. BYPASS PUMP SYSTEM (SULPHUR DRAW

191 LF 214.75 41,017.25 45.00 8,595.00 116.00 22,156.00 - 0.00

20RE-ESTABLISH SEWER CONNECTIONS FOR PIPE BURSTING ONLY

9 EA - - - - 1.00 9.00 - 0.00

V endorHousley Comm. Inc. Price Const., Ltd. Roberts Constr. Co.

Y:\12-RFX\Water Utilities\WU0712 E Angelo Draw\Bid Tab WU0712

CITY OF SAN ANGELO

Bid Tabulaltion

RFB NO: WU-07-12/East Angelo Draw Sewer LIne * May 31, 2012 (con't)

2124" STEEL ENCASEMENT (OPEN CUT INSTALLATION)

380 LF 65.75 24,985.00 61.00 23,180.00 143.00 54,340.00 - 0.00

22 MANHOLES, TYPE A 25 EA 10,555.00 263,875.00 8,910.00 222,750.00 17,000.00 425,000.00 - 0.00

23 MANHOLES, TYPE B 13 EA 4,545.00 59,085.00 5,040.00 65,520.00 9,000.00 117,000.00 - 0.00

24 FIBERGALSS VAULT 1 LS 48,140.00 48,140.00 69,998.00 69,998.00 88,000.00 88,000.00 - 0.00

25 CONCRETE CAP 2,165 LF 30.70 66,465.50 32.00 69,280.00 39.00 84,435.00 - 0.00

26 TRENCH SAFETY 9,552 LF 1.00 9,552.00 1.50 14,328.00 1.00 9,552.00 - 0.00

27 CONTINGENCY 1 LS 1.00 300,000.00 1.00 300,000.00 1.00 300,000.00 - 300,000.00

$ 3,019,956.19 $ 2,306,430.00 $ 2,734,440.00 $ 300,000.00

Bid Bond

Requests for Bids were mailed to:

Benmark Supply Midland TX Morrison Supply San Angelo TX

CAS Construction Co. Wimberly TX Reece Albert San Angelo TX

Darnell & Dickson San Angelo TX Roberts Construction San Angelo TX

Davis Excavation Melissa TX SJ Louis San Antonio TX

Don Kelly Construction Arlington Tx Tech Excavation Midland TX

HD Supply Waterworks Waco TX Texas Water & Soil San Angelo TX

Holloman Utilities Converse TX Texas United Excavators Carrollton TX

Housley Communication Inc San Angelo TX US Filter Waco TX

Joe Moore Pipeline Abilene TX Utility Contractor of America Wolfforth TX

JENCO San Angelo TX Western Industrial Supply Amarillo TX

Macias Construction Company San Angelo TX Wright Construction Co., Inc. Grapevine TX

MasTec North America, Inc. Dallas TX

McGraw-Hill Dodge Reports Hot Springs AR

Yes

Total Bid

Yes YesYes

City of San Angelo

Memo Date: May 30, 2012





Caption: Consent Item

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

Summary: Cunningham 2666 Kings Road Lot 51, Group Fishermans Road $99,716 Nobles 2570 Sleepy Hollow Road Lot 27, Group Fishermans Road $90,946 Young 1607 Turtle Drive Lot 28, Group Shady Point $25,034 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (Cunningham; Nobles; Young) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 30, 2012.

City of San

Angelo


To: Mayor and Council Members


Subject: Consent Item , June 19, 2012 Council Meeting


Caption: Consideration of approving a residential lease renewal with Tom and Toni A. Daniel at Lot 21, Group Lincoln Park, 6402 Lincoln Park Road West; and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2045 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract. Financial Impact: Current lease fees: 2012 $726 2013-2020 $871 2021-2042 Market Value New lease fees: 2012 $842 2013-2020 $871 2021-2051 Market Value Related Vision Item: None.

Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Attachments: Residential Lease (Daniel) Presentation: None. Publication: None. Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director, May 3, 2012.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751, San Angelo, Tom Green County, Texas 76902, and Tom and Toni Daniel (Lessees) whose address is 6402 Lincoln Park Road West, San Angelo, Texas 76904.

I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Lot 21, Group Lincoln Park West, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 6402 Lincoln Park Road West).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning July 1, 2012 and ending June 30, 2052, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2014 $552.00 For the Years 2015 Through 2016 $562.00

For the Years 2017 Through 2051 Market Value * * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.

DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.

HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of

laying said line or lines as established by and in accordance with city policies then in existence. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.

IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building code.

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and

requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.

DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein

for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the

prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.

OTHER REMEDIES 13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.

HEADINGS

14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.

SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.

NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSEE: Tom and Toni Daniel 6402 Lincoln Park Road West San Angelo, Texas 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902

EXECUTED in duplicate originals on the _____day of _____________________,

20___ by: LESSEE(S)

Tom Daniel Toni Daniel STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 20____ by Tom and Toni Daniel.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:

W. H. WILDE, Director Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of

________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.


City of San Angelo



From: Carl White, Parks & Recreation Director


Contact: Carl White, Parks & Recreation Director, 657-4279

Caption: Consent Agenda Item

Consideration of authorizing an Out-of-Doors Public Art Display Program through the Parks & Recreation Department.

Summary:

The purpose of the Out-of-Doors Public Art Display Program is to provide public access to artwork for educational, informational and cultural purposes. The initial public display locations will be the existing and future pedestals at Sunken Garden Park (Canna Lily garden park on South Abe St.).

The proposed program was envisioned by the Public Art Commission. It was discussed at several meetings and the final version of the program was approved at the Public Art Commission meeting on May 31, 2012.

The program allows for a simplified and stream-lined process to solicit, accept, consider and approve requests from artists to display their work out-of-doors on public property. This program would be utilized to facilitate the display of art for the new San Angelo Museum of Art’s annual outdoor sculpture art competition.

History: There is no Council history on this item. The Council did approval a similar program for the display of art indoors at the meeting on October 19, 2010.

Financial Impact: The cost for this program is nominal, having existing staff receive and facilitate applications and coordinate installations and de-installations.

Related Vision Item

(if applicable):

None directly applicable.

Other Information/ Recommendation:

Staff recommends approval.

Attachments: Resolution, Out-of-Doors Public Art Display Application, and Agreement

Presentation: N/A

Publication: N/A

Reviewed by Director:

Rick Weise, Assistant City Manager

Approved by Legal: May 4, 2012

CITY OF SAN ANGELO, TEXAS PARKS & RECRATION DEPARTMENT

OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAM

Purpose: The purpose of the Out-of-Doors Art Display Program is to display art on a

temporary loan basis thereby providing the public with access to an ever changing public display

of artwork for educational, informational and cultural purposes.

Management: The Program shall be managed and administered by the Director of Parks &

Recreation. The Director of Parks & Recreation shall establish a simplified and streamlined

process to solicit, accept, review, consider and approve requests from artists or owners of

artwork for the loan of art pieces to be temporarily displayed on City owned property or

facilities.

Annual Outdoor Sculpture Competition: In addition to other functions of the Program, the

Program may be utilized to facilitate the temporary display of art for the San Angelo Museum of

Art’s annual outdoor sculpture competition.

Public Forum: The program is not intended to create a public forum. Artwork submitted

for temporary public display shall be selected and displayed at the sole discretion of the City, on

consideration of the recommendation of the San Angelo Public Art Commission.

The Process for Art Selection and Display: The process for art selection and display is:

1) The Parks & Recreation Department (Department), working with the San Angelo Public Art Commission, markets the program through public service announcements and other selected advertising means.

2) The Department supplies artists and owners of artwork with application forms for the submission of artwork to be considered for temporary display by the Department, not to exceed one year. The Department supplies artists and owners of artwork selected for display with necessary contract forms.

3) Artists or owners of art work complete application forms and agreement forms for submission to the Parks and Recreation Department along with the required attachments.

4) The Department reviews the applications for completeness and fields questions as needed about the program and applications to facilitate submissions.

5) The Department selects applications for submission to the San Angelo Public Art Commission for its review and recommendations for temporary display of the proposed artworks and their placement.

6) For each art piece selected to be temporarily displayed on City property or facilities, the Department executes a written agreement with the owner or artist setting forth the terms for the temporary display of the artwork. The Department coordinates the placement of the artwork with the applicant pursuant to the terms of the written agreement.

7) The artwork is set and later removed by the applicant artist or owner, or agent for the applicant.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING THE PARKS & RECREATION DEPARTMENT OUT-OF-DOORS PUBLIC ART DISPLAY PROGRAM AND AUTHORIZING THE PARKS & RECREATION DIRECTOR TO ADMINISTER THE PROGRAM

WHEREAS, the City of San Angelo is favored with artists, galleries, and exceptional public park facilities that would be enhanced with out-of-doors art displays, thereby making art accessible to the public; and,

WHEREAS, San Angelo’s art and cultural resources are a major source of community pride,

as well as building blocks for every aspect of the City’s development; and, WHEREAS, the City of San Angelo is dedicated to promoting and supporting public access to

the City’s arts and cultural resources; and, WHEREAS, the City Council has established the San Angelo Public Art Commission to act as

an advisory board to the City Council and City administration on the selection and placement of art on City owned or controlled property; and,

WHEREAS, implementation of the Parks & Recreation Department’s proposed Out-of-Doors

Public Art Display Program will provide the public with access to an ever changing public display of artwork for educational, informational, and cultural purposes and would serve the best interest of the public:

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The Parks & Recreation Department Out-of-Doors Public Art Display Program is hereby approved. The Parks and Recreation Director is authorized to administer the program including the solicitation and collection of applications for submission of art pieces for public display on City owned properties and facilities, the submission of art to the San Angelo Public Art Commission for selection and placement recommendations, the acceptance of art pieces for display and placement of art on City owned properties and facilities, and the authority to execute such agreements and related documents necessary or convenient to administration of the program. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Lysia H. Bowling,

Parks & Recreation Director City Attorney

City of San Angelo



From: Lysia H. Bowling, City Attorney

Subject: Consent Item for June 19, 2012 Council Meeting

Contact: Lysia H. Bowling, City Attorney, 657-4407


Consideration of authorizing the Mayor to sign a Resolution affirming the City of San Angelo’s cooperation with the Steering Committee of Cities served by AEP TNC to review AEP Texas North Company’s requested approval of an adjustment to its Energy Efficiency Cost Recovery Factor, hiring legal and consulting services to negotiate with the Company and direct any necessary litigation and appeals, finding that the meeting at which this Resolution is passed is open to the Public as required by law, requiring notice of this Resolution to legal counsel.

Summary: AEP Texas North Company (“TNC” or “Company”) filed an application on or about May 1, 2012 with the Public Utility Commission of Texas (“PUC” or “Commission”), seeking to adjust its 2013 Energy Efficiency Cost Recovery Factor (“EECRF”). Pursuant to Commission rules, TNC is required to annually apply no later than May 1 of every year to adjust its EECRF in order to reflect changes in program costs and bonuses and to minimize any over- or under-collection of energy efficiency costs resulting from the use of the EECRF.

The resolution authorizes the City to join with the Steering Committee of Cities Served by AEP TNC (“Steering Committee”) to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue.

History: Last year in Docket No. 39361, the Commission authorized TNC to adjust its 2012 EECRF to recover $1,418,751. In this filing, TNC is seeking to adjust its EECRF to collect $1,606,733 for four components: (1) $1,500,471in energy efficiency program costs projected to be incurred in 2013; (2) $96,351 for its 2011 performance bonus; (3) a refund of $59,883 for over-recovery of costs in 2011; and (4) $69,794 representing the estimated evaluation, measurement and verification (“EM&V”) costs projected to be incurred in 2013 as contemplated by PUC Project No. 39674.

Financial Impact: Necessary costs associated with pursuing the matter should the costs not be reimbursed by the utility

Related Vision Item (if applicable): Financial, Commercial and Industrial Vision is implicated.

Other Information/Recommendation: Staff recommends approval.

Attachments: Resolution.

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Lysia H. Bowling, City Attorney, June 8, 2012.

RESOLUTION

RESOLUTION OF THE CITY OF SAN ANGELO APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY AEP TNC TO REVIEW AEP TEXAS NORTH COMPANY’S REQUESTED APPROVAL OF AN ADJUSTMENT TO ITS ENERGY EFFICIENCY COST RECOVERY FACTOR; HIRING LEGAL AND CONSULTING SERVICES TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO LEGAL COUNSEL

WHEREAS, on or about May 1, 2012, AEP Texas North Company (“TNC” or “Company”), pursuant to the Public Utility Regulatory Act (“PURA”) § 39.905 and Public Utility Commission of Texas (“Commission” or “PUC”) Substantive Rule § 25.181(f)(4), filed with the Commission an application for a 2013 Energy Efficiency Cost Recovery Factor (“EECRF”), PUC Docket No. 40358; and WHEREAS, the City of will cooperate with similarly situated city members and other city participants located within the TNC service area in conducting a review of the Company’s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and

WHEREAS, working with the Steering Committee of Cities Served by AEP TNC (“Steering Committee”) to review the rates charged by TNC allows members to accomplish more collectively than each city could do acting alone; and WHEREAS, the Steering Committee has a history of participation in PUC dockets and projects, as well as court proceedings, affecting transmission and distribution utility rates in TNC’s service area to protect the interests of municipalities and electric customers residing within municipal boundaries; and WHEREAS, PURA § 33.023 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: 1. That the City is authorized to participate in the Steering Committee in Docket No. 40358.

2. That subject to the right to terminate employment at any time, the City of San Angelo hereby authorizes the hiring of the law firm of Lloyd Gosselink and consultants to negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary administrative proceedings or court litigation associated with an appeal of this application filed with the PUC. 3. That the City’s reasonable rate case expenses shall be reimbursed by TNC.

4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required.

5. A copy of this Resolution shall be sent to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the __________ day of ____________________, 2012. ____________________________________ Alvin New, Mayor ATTEST: _____________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane, Interim City Manager Lysia H. Bowling, City Attorney

City of San Angelo

Purchasing Division

Memo Date:


June 15, 2012

From: Roger S. Banks, Purchasing Manager

Subject: Consent Agenda Item for June 19, 2012, Council Meeting

Contact: Roger S. Banks, Purchasing Manager, 657-4220


Consideration of adopting a resolution of the City Council of the City of San Angelo authorizing the City Manager or his designee to negotiate and execute an interlocal agreement with National Joint Powers Alliance (NJPA), and authorizing the City Manager or his designee to make use of the system for approved purchases.

Summary:

Approval of this resolution and agreement will allow the City of San Angelo to participate in a cooperative purchasing group, National Joint Powers Alliance (NJPA),, with other municipalities, county governments, and school districts.

History: The State of Texas Government Code, Section 271 has given municipalities the authority to participate in cooperative purchasing programs to

increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state.

Furthermore, a local government that purchases goods or services from authorized purchasing co-ops

satisfies the state law requiring the local government to seek competitive bids. Staff has verified that NJPA has properly followed the State’s Purchasing laws for formally advertising bids, as well as accepting and awarding bids.

Purchasing Co-ops assist local governments, by pooling procurement resources, meeting the needs of the participants through volume purchasing and by reducing the cost and time associated with individual purchasing procedures.

The City of San Angelo currently participates in several purchasing co-ops including:

• •

Buyboard.com.

• The Cooperative Purchasing Network (TCPN),

• Harris County Department of Education/Choice Partners

• Houston Galveston Area Council of Governments (HGAC),

• The Interlocal Purchasing System (TIPS),

• Texas Department of Information Resources (DIR), and U.S. Communities,

of 2

y:\purchasing co-ops\harris county dept of education\background memo-revised.docx

NJPA is located in Staples, Minnesota and is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the States of Texas. They offer a wide variety competitive bid services and products to the membership. Financial Impact

: There is no membership or purchasing administrative fees associated with membership. Purchasing co-ops are beneficial to the taxpayers through the anticipated savings to be realized through, volume purchasing as well as the time and expenses associated with producing formal competitive bids.

Other Information/Recommendation

: Staff recommends approval.

Attachments: Resolution and Inter-local Agreement. Reviewed by Director

: Michael Dane, Finance Director

A RESOLUTION BY THE CITY OF SAN ANGELO CITY COUNCIL AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN INTERLOCAL CONTRACT WITH NATIONAL JOINT POWERS ALLIANCE (NJPA) PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES, AND DESIGNATING THE CITY MANAGER AS OFFICIAL REPRESENTATIVE OF THE CITY RELATING TO THE CONTRACT

WHEREAS, the City Council of the City of San Angelo has been presented a proposed Interlocal Contract for a cooperative purchasing program for goods and services with National Joint Powers Alliance, and finds that participation in the cooperative purchasing program is in the best interests of the City of San Angelo and its citizens; and, WHEREAS, the City of San Angelo, pursuant to the authority granted under Subchapter F of Chapter 271 of the Local Government Code, desires to participate in the described cooperative purchasing program sponsored by National Joint Powers Alliance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, SAN ANGELO, TEXAS: Section 1. The City Manager or his designee is hereby authorized to negotiate and execute

an Interlocal Contract with National Joint Powers Alliance (NJPA) for participation in a cooperative purchasing program for goods and services.

Section 2. The City Manager of the City of San Angelo is hereby designated to be the

official representative of the City of San Angelo relating to the authorized Interlocal Contract with National Joint Powers Alliance.

Section 3. This resolution shall become effective from and after its passage. PASSED AND APPROVED THIS THE DAY OF 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Roger Banks, Purchasing Manager Lysia H. Bowling, City Attorney

Municipality Master Service Interlocal Contract Page 1 of 4 Updated 05/15/12

Municipality Master Service Interlocal Contract Between the National Joint Powers Alliance® & City of San Angelo

Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract (“Contract”) is made and entered into by and between the National Joint Powers Alliance (“NJPA”), located in Staples, Minnesota, and City of San Angelo, a Texas home rule municipality (“CITY”) for the purpose of providing a cooperative purchasing program for goods and services.

Preamble NJPA is a local governmental entity established to promote education and government in the United States and is also duly authorized to provide programs and services in the State of Texas. Both NJPA and CITY desire to set forth, in writing, the terms and conditions of their agreement.

General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Term. This Contract is effective from the date of the last signature through

, 20 , and shall automatically renew annually thereafter unless either party gives thirty (30) days prior written notice of non- renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8.

2. Agreement. The terms of this Contract shall apply and will be considered a part of any

Addendum for programs and services delivered by NJPA. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing.

3. Purpose and Scope of Work.

A. NJPA agrees to provide the following cooperative purchasing program: § Provide CITY with current and subsequent independent contracts and/or descriptive

offerings of each of the programs and services that NJPA provides. § Provide services upon the submission of independent contracts within the NJPA. § Conduct, as a required, an audit or survey, as appropriate, for each of the programs.

B. CITY agrees to: § Participate in any or all of the cooperative program services that NJPA has to offer. § Submit purchase order(s) or independent contract(s) for each of the programs it wishes

to purchase and/or collaborate. § Agree to follow the terms and conditions of each independent contract or purchase

orders for each of the programs.


§ Assign the appropriate person to act as representative to each respective program delivered.

4. As is. NJPA makes this Contract available to NJPA participating entities “as is” and are

under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY.

5. Assignment. Neither this Contract nor any duties or obligations entered in subsequent

contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties.

6. Conflict of Interest. During the Term of NJPA’s service to CITY, CITY, its personnel and

agents, shall not, directly or indirectly, whether for CITY’s own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by NJPA. The foregoing notwithstanding, NJPA agreess that CITY, a local government entity, shall be permitted under this Contract to follow its normal hiring and employment practices, including the publishing of employment opportunities and job openings with the CITY, and that the City will consider for employment all qualified applicants.

7. Contract Amendment. This Contract may be amended only by the mutual agreement of all

parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other

shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows:

National Joint Powers Alliance® City of San Angelo Attn: Duff Erholtz Attn: Roger S. Banks Membership Manager Title: Purchasing Division Manager 202 12 St NE Address 1: P.O. Box 1751 Staples, MN 56472 Address 2: San Angelo, Texas 76902-1752 Phone: 218-894-5490 Phone: 325-657-4220 Email: [email protected]

9. Relation of Parties. It is the intention of the parties that CITY is independent of NJPA and

not an employee, agent, joint venturer, or partner of NJPA and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between NJPA and CITY or NJPA and any of CITY’s agents. The reciprocal is also true.

10. Non-Exclusivity of Services. Nothing in this Contract may be construed to imply that

NJPA has exclusive right to provide CITY these services. During the Term of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of NJPA.

11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as

follows:


§ By CITY upon 30 days notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed;

§ By mutual written agreement of the parties, upon thirty (30) days prior notice; § By either party immediately if the other party commits a material breach any of the

terms of this Contract and no remedial action can be agreed upon by the parties; or § By either party with or without cause with thirty (30) days written notice..

12. Master Contract. This Contract can be utilized as the master Contract. The general terms

and conditions in this Contract will serve to outline the working relationship between NJPA and the CITY.

The CITY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and/or services provided by NJPA requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern.

13. Severability. In the event that any one or more of the provisions contained in this Contract

shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it.

14. Governing Law and Venue. This Contract shall be governed by and construed in

accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Tom Green County, Texas.

15. Authorization. Each party acknowledges that the governing body of each party to the

Contract has authorized this Contract. 16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions hereof,

not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto.

17. Applicable Federal, State and Local Statutes. The Parties agree to comply fully with all

applicable federal, state, local statutes, ordinances, rules and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs.


In witness whereof, NJPA and CITY have executed this Contract to be effective on the date specified in Article 1. Term above: City of San Angelo, Texas National Joint Powers Alliance® Michael Dane, Interim City Manager Todd Lyscio, Executive Director Date Date APPROVED AS TO CONTENT APPROVED AS TO FORM Roger Banks, Purchasing Manager Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo






Caption: Consideration of Initiating Twin Buttes Water Pumping

Summary: On April 3, 2012, Council approved acceptance of a bid from Gajeske, Inc. for the rental of a lake water pumping system for Twin Buttes Reservoir. The approval was conditioned on 1) approval of funding for the project, and, 2) Council authorizing the notice to proceed. History: When the water level in the South Pool drops below elevation 1925, the remaining water can no longer be utilized and is trapped in dead storage. To recover this water, about 4,600 acre-feet, pumps must be utilized to either pump the water through the equalization channel to the North Pool or pump the water over the dam, into the South Concho River channel.

Financial Impact: Estimated cost for 2 months minimal rental - $221,204; for 3 months - $327,010. Other Information/Recommendation: At the current time, the water level in the North Pool is almost at the bottom of the gate intake structure. The total content of the Reservoir is at approximately 12,900 acre feet. It is recommended the notice to proceed be issued to Gajeske for delivery of the pumping system. Attachments: City Council 4/3/12 Meeting Minutes and Memo to City Council requesting approval

to award Gajeske Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 11, 2012.

alicia.ramirez

Rectangle

City of San Angelo

Memo Date: March 6, 2012



Subject: Agenda Item for March 20, 2012 Council Meeting


Caption: Water Utilities Bid “RFP: WU-02-12/Lake Pumping System”

Summary: Proposals have been received from five contractors for rental of a lake water pumping system that would be utilized to transfer water from the South Pool of Twin Buttes Reservoir to the North Pool. The system will consist of diesel powered pumps, suction piping and discharge piping. The pumps will have a capacity of approximately 25 million gallons per day (76 acre-feet/day). History: When the water level in the South Pool drops below elevation 1925, the remaining water can no longer be utilized and is trapped in dead storage. To recover this water, about 4,600 acre-feet, pumps must be utilized to either pump the water through the equalization channel to the North Pool or pump the water over the dam, into the South Concho River channel.

Financial Impact: The pumping system is subject to an initial 2 month minimum which includes delivery, set-up, demobilization, and rental costs. After this, the rental would be on a month-to-month basis. Initial fee for 2 months - $168,954 Monthly rental fee - $53,556 Estimated Monthly Operating Costs - $52,250 The total cost to operate the pumping system: For 2 months - $221,204 For 3 months - $327,010 For 4 months - $432,816 Other Information/Recommendation: Proposals were evaluated on overall cost; experience of the contractor; availability of pumps; and best value for the City. The best ranking proposal was submitted by Gajeske, Inc. It is recommended the proposal from Gajeske be accepted subject to approval of a budget amendment in water operating to fund the project. Attachments: None. Presentation: None.

Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 6, 2012

City of San Angelo

Memo Date: March 13, 2012

To: Roger Banks, Purchasing Manager


Subject: RFP: WU-02-12/Lake Water Pumping System Ranking

The Responses for RFP: WU-02-12/Lake Water Pumping System were reviewed by a three member committee consisting of Tom Kerr, Kevin Krueger and myself. The responses were scored as shown below. The systems were ranked based on overall cost, conformance to specifications, experience and availability. In general, the pumping systems proposed by the respondents were of a type that is suitable for pumping raw water. The respondents were companies with experience in providing mobile pumping systems of the size specified. Availability of pumps ranged from 2 to 30 days after notice; all of which are reasonable for the proposed project. The major factor that influenced rankings was the total system cost which included rental fees and operating expenses. 1. Gajeske. 280 Points. The system consists of three 5,667 gpm pumps powered by

275 hp diesel engines. The suction and discharge piping is 18” and each pump has independent piping. The fuel consumption for each engine is estimated to be 5 gph. The system has the lowest overall estimated cost for two months of operation at $270,154.

2. Sunbelt. 265 Points. The system consists of two 8,681 gpm pumps powered by 425

hp engines. The system uses 24” suction and discharge piping. The fuel consumption per engine is estimated at 16.3 gph. The system had the second lowest total costs for two months operation at approximately $484,634.

3. Griffin. 230 Points. The system consists of two 9,000 gpm pumps powered by 225

hp engines that each utilized 9.9 gph of fuel. The system utilizes 18” suction and

24” discharge piping. The system had the fourth lowest overall estimated cost for two months of operation at $615,830.

4. Mersino. 226 Points. The system consists of three 5,787 gpm pumps powered by 250 hp engines at a fuel consumption of 7.5 gph each. The system utilizes 18” suction and 36” discharge piping. The system had the third lowest estimated cost for two months of operation at $564,450.

5. Xylem. 161 Points. The system consists of three pumps, 5,800 gpm each powered

by 300 hp diesel engines. The system utilizes 24” suction and 30” discharge piping. The system is available on a one week notice. The estimated fuel consumption is 6.5 gph per engine. Pricing for the system based on a 24 hour per day operation was not provided.

Based on the ranking of the proposals, the committee recommends accepting the proposal from Gajeske.

City of San Angelo






Caption: Consideration of a resolution enacting Drought Stage, Level II, of the City’s Water Conservation/Drought Contingency Plan

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. The Colorado River Municipal Water District projects that Ivie water will be available through June 1, 2013. At that time the City will be totally dependent on its local lakes for water supply which are projected to last to October 2013. Based on the water supply currently available to the City, the criteria for entering Drought Stage, Level II, are met.

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 IV – City has less than a 1 year supply.

Financial Impact: The water rate schedule is adjusted to include additional fees for excessive usage. As an example; for a residential account that uses over 10,000 gallons in a month, an additional fee of $3.50 per 1,000 gallons is added to usage between 10,000 and 19,000 gallons; an additional fee of $5.00 per 1,000 gallons for all usage between 20,000 and 29,000 gallons; and an additional fee of $8.00 per 1,000 gallons for all usage over 29,000 gallons.

Related Vision Item (if applicable): None.

Other Information/Recommendation: The City currently is limited to 12.2 million gallons per day (mgd) from Ivie Reservoir. As summer time water usage increases, 8 to 12 mgd will be utilized from Twin Buttes Reservoir to supply the typical daily municipal demand of 20 to 24 mgd.

Under Drought Level II, outside watering is limited to once every seven days during the April 1 to October 31 period and once every 14 days from November 1 through March 31.

It is recommended the resolution be adopted enacting the Drought Stage, Level II.

Attachments: Resolution

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, June 11, 2012.

A RESOLUTION OF THE CITY OF SAN ANGELO IMPLEMENTING DROUGHT LEVEL II OF THE CITY’S WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN

WHEREAS, the City Council of the City of San Angelo has passed an ordinance entitled “Water Conservation and Drought Contingency Plan”; and WHEREAS, said ordinance defines drought stages and water management measures that will be followed for each stage; and WHEREAS, under said ordinance the City Council shall determine the drought stage; and WHEREAS, on June 11, 2012, the water supply available to the City of San Angelo was less than that needed to meet City demands for the next eighteen months; and, WHEREAS, the minimum criteria for Drought Level II is that the total amount of water available to the City from its developed water sources is less than an 18-month supply (the “trigger point”): NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

1) The amount of water available to the City from its developed water sources being less than an 18-month supply, the criteria for entering “Drought Level II” stage is met and the City Council hereby declares that the City is in such Drought Level II stage; and

2) All water conservation measures as detailed under the Drought Level II stage of the City’s

Water Conservation and Drought Contingency Plan shall be applicable and enforced; effective July 1, 2012; and

3) All water rate adjustments enacted with the implementation of the Drought Level II stage

shall become effective with the beginning of the regular water billing cycle in August 2012; and

4) When the available water supply rises above the trigger point for Drought Level II stage, the

Director of Water Utilities may recommend to the City Council termination of Drought Level II stage status and a return to Drought Level I stage status or other recommendation.

PASSED and APPROVED THIS 19th DAY OF JUNE, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: _____________________________ Alvin New, Mayor ___________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM __________________________ ______________________________ Will Wilde, Water Utilities Director Lysia H. Bowling, City Attorney

City of San Angelo



From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 06/19/12 Council Meeting

Contact: Robert Schneeman or Shawn Lewis 657-4210

Caption: Regular Agenda Item

Consideration of a resolution of the City of San Angelo authorizing the City Manager or his designee to execute a temporary nonexclusive sidewalk use license agreement with Susan Daniel for constructing and maintaining an awning adjacent to the west side of the property located at 118 South Chadbourne Street, and such other instruments as may be necessary or convenient for carrying out such purposes; and, finding a public purpose and benefit therein

Summary: The applicant, Susan Daniel is requesting the issuance of a Street Use License for the use of a portion of the right of way in South Chadbourne Street. The area to be licensed for her use is located immediately in front of and / or adjacent to her business at 118 South Chadbourne Street, the business being the Black Swan Gallery.

History: The applicant, Susan Daniel, the owner of the Black Swan Gallery located at 118 South Chadbourne Street has requested of staff information regarding permit requirements for a proposed awning to be located within the public right of way of South Chadbourne Street above the sidewalk area in front of and adjacent to her property. The awning will be centered over the entrance to the business and extending over the public sidewalk to no closer than eighteen inches (18”) from the back of the street curb.

Financial Impact: None

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: Resolution and Agreement

Presentation:

Publication:


Shawn Lewis

Approved by Legal:

Temporary Nonexclusive License Agreement for Awning: City of San Angelo / Susan Daniel d/b/a Black Swan; Page 1

THE STATE OF TEXAS § TOM GREEN COUNTY §

TEMPORARY NONEXCLUSIVE LICENSE AGREEMENT FOR AWNING THIS TEMPORARY NONEXCLUSIVE LICENSE AGREEMENT FOR AWNING, hereinafter referred to as “License”, effective the day of 2012, by and between the CITY OF SAN ANGELO, a home rule municipal corporation situated in Tom Green County, hereinafter referred to as “Licensor” or “City”, having a mailing address of P.O. Box 1751, San Angelo, Texas 76902 Texas, and Susan Daniel d/b/a The Black Swan, hereinafter referred to as “Licensee”, having a mailing address of 118 South Chadbourne Street, San Angelo, Texas 76903. WHEREAS, Licensee operates a commercial establishment within the Central Business District and Downtown Development District at 118 South Chadbourne Street, San Angelo, Texas, and would like to shade the front door access with an awning over a portion of the sidewalk right-of-way; and, WHEREAS, Applicant would like to utilize a designated portion of the sidewalk right-of-way along the east side of 118 South Chadbourne Street for purposes of constructing and maintaining an awning; and, WHEREAS, use of a designated portion of the sidewalk right-of-way along the east side of 118 South Chadbourne Street as described more particularly in Exhibit A, attached hereto and made a part hereof for all purposes, to construct and maintain an awning over a portion of the sidewalk area would be consistent with and beneficial to the aesthetics and development of the Central Business District and Downtown Development District, and said block of South Chadbourne Street in particular; and, WHEREAS, the City Council has determined that the granting of the application for a temporary nonexclusive license permitting the construction and maintenance of an awning overhanging a portion of the sidewalk right-of-way on the east side of 118 South Chadbourne Street would be in the public interest and benefit: NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: That Licensor, for consideration of ten dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, does hereby grant to Licensee the non-exclusive, temporary, revocable right, privilege and license to use the following described property located in Tom Green County, Texas, hereinafter referred to as the “Licensed Premises”, and being more particularly described as follows:


That portion of the South Chadbourne Street sidewalk right-of-way COMMENCING at the extended south line of the North 25 feet of Lot 21, Block 7, San Angelo Addition, San Angelo, Bexar County, Texas proceeding northerly along the East line of South Chadbourne Street, also being the West line of said North 25 feet of said Lot 21 a distance of 7.50 feet to the Point of Beginning; THENCE continuing Northerly along and with said East line of South Chadbourne Street at a width of 9.00 feet a distance of 7.50 feet and comprising 67.50 square feet more or less as depicted on Exhibit “A” attached hereto, and made a part hereof for all purposes;

for the “Permitted Use” as set forth herein, commencing from the foregoing effective date, and subject to the conditions, restrictions, covenants and exceptions set forth in this License.

1. Permitted Use: The Licensed Premises shall be used for the limited purpose of

construction and maintenance of an awning over said Licensed Premises, including all support structure as described in Exhibit “B” attached hereto and made a part hereof for all purposes, and in accordance with a building permit for construction of said awning issued by the City of San Angelo Community & Economic Development Department, Permits and Inspections Division.

2. Term: The License shall commence on the effective date hereof and continue for a

period of years to , 20 , at which time this License shall automatically terminated if not sooner terminated as herein provided.

3. Non-exclusive License: This license is non-exclusive and is made expressly subject and

subordinate to the right of the City to use the Licensed Premises for any public purpose. 4. Reservation of Right of Termination. (a) The City Council of the City of San Angelo

reserves the right to terminate and cancel this License by resolution passed by said Governing Body upon a finding that the License is inconsistent with the public use of the Licensed Premises or whenever the purpose or use of the License is or has become a nuisance as determined in the discretion of the City Council, and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. The parties hereto concur that said resolution shall be final and shall not be subject to review by the Courts.

(b) Notwithstanding the provisions of Paragraph 4(a) above, Licensee and Licensor shall

each have the right of cancellation of this License upon giving the other party sixty (60) days written notice of the party’s intention to cancel.


(c) Upon termination or cancellation by City or Licensee, this License shall become null and void and Licensee or anyone claiming any rights under this instrument shall remove, to the extent required by City, any or all improvements, appurtenances and encroachments owned by Licensee from the Licensed Premises at Licensee’s expense, and shall restore the Licensed Premises to its condition on the effective date of this License at the sole cost of the Licensee. In the event that Licensee shall fail to remove their improvements, appurtenances and encroachments as required and to restore the Licensed Premises, City shall have the right to do the necessary work to remove said improvements, appurtenances and encroachments and to restore the Leased Premises to its condition at the effective date of this License, or to cause such work to be done, and to assess reasonable allocated costs or the incurred cost of all such work against Licensee.

5. Fixtures: Licensee may install an awning and support structure as more particularly

described on Exhibit B attached and made a part hereof for all purposes, within the Licensed Premises. Licensee shall not install any additional permanent fixtures within the sidewalk right-of-way without first securing the written permission of City.

6. Codes, Ordinances and Regulations: Licensee shall comply with all applicable codes,

ordinances and regulations of local, state and federal governments in the exercise of its use of the Licensed Premises. This requirement shall include, but not be limited to, compliance at all times with the Texas Architectural Barriers Act, Texas Accessibility Standards, Americans with Disabilities Act, as well as local ordinances and regulations relating to occupancy loads and unobstructed passage ways, entrances and exits.

7. It is further understood that if and when the City, in the exercise of its discretion, shall

determine that the grade of any street or sidewalk should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed Premises, Licensee’s improvements or appurtenances thereon, or the use thereof by Licensee, City may proceed with such improvement or work without liability to Licensee. Further, any modifications or changes to Licensee’s facilities in the licensed area or in construction or reconstruction of any public improvement attributable to Licensee’s use of the licensed area and/or its installations and improvements shall be made at the sole expense of Licensee and to the satisfaction of City.

8. INSURANCE AND INDEMNIFICATION. At such time as this license is granted, it

is agreed that Licensee shall hold harmless and indemnify City and procure and keep in full force and effect Insurance coverage of the kind and in the minimum amounts, all as set forth in Exhibit “C”, attached and made a part hereof for all


purposes, which provisions shall survive termination or expiration of the term of this License Agreement.

9. Reservations. This License is subject to any existing utilities or communication facilities, including drainage, presently located within or about the Licensed Premises, owned or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the Licensed Premises for facilities presently located within the boundaries of said Licensed Premises. No improvement or appurtenance shall be constructed or placed upon, over or across the Licensed Premises in such a manner as to interfere with the operation of any utilities or communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any improvement or appurtenance which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the Licensed Premises. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any improvements or appurtenances which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the Licensed Premises for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of Licensee.

Successors and Assigns. The terms of this License shall be binding upon the Licensee and Licensee’s successors and assigns. Non-assignable. This License may not be assigned by Licensee without the prior written approval from the City. The assignee shall deliver a copy of the assignment, along with the assignee’s written acceptance of the provisions of this License, to the Director of Community Development for the City of San Angelo, or his designee, within ten (10) days of such assignment. Should Licensee fail to obtain prior written approval for assignment of this License or fail to provide the City with the required written acceptance and a copy of the assignment as provided, the Director of Community & Economic Development, or his designee, may terminate this License.

IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original Agreement to be executed in duplicate and intend to be legally bound thereby.

LICENSOR: CITY OF SAN ANGELO


BY:

ATTEST: Michael Dane, Interim City Manager Date: , 2012 Alicia Ramirez, City Clerk LICENSEES:

Susan Daniel, d/b/a The Black Swan

Date: , 2012 STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____ day of ________________, 2012, by Michael Dane, Interim City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation pursuant to resolution of its governing body.


STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the day of

, 2012, by Susan Daniel. ___________________________________ Notary Public, State of Texas

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Dan T. Saluri, Sr. Asst. City Atty. Shawn Lewis, Dir. of Community & Economic Development


EXHIBIT A Plan View and Detailed View of Street License Area

118 South Chadbourne Street


EXHIBIT B

Construction Plan-Awning 118 S. Chadbourne Street


EXHIBIT B (cont’d )

Elevation View of Awning 118 South Chadbourne Street


EXHIBIT C TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT

INSURANCE REQUIREMENTS 1. INDEMNIFICATION.

1.1 GENERAL INDEMNIFICATION. LICENSEE 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 LICENSEE 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 LICENSEE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF LICENSEE 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 LICENSEE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE LICENSEE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS

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

2. Insurance.


2.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Licensee for the purpose of complying with this Contract.

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

2.1.2 Named Insureds. All insurance policies required herein shall be

drawn in the name of Licensee, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds.

2.1.3 Waiver of Subrogation. Licensee shall require its insurance carrier(s),

with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees.

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

Contract, Licensee shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Licensee 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. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be


furnished to City’s Risk Manager at City Hall, P.O. Box 1751, San Angelo, Texas 76902

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

shall not be construed to be a limitation upon Licensee’s liability or as a full performance on its part of the indemnification provisions of this Contract. Licensee’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 Licensee to maintain adequate coverage shall not relieve Licensee of any contractual responsibility or obligation.

2.1.6 Sub-Licensees’ Insurance. Licensee shall cause each Sub-Licensee

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

2.2 Types and Amounts of Insurance Required. Licensee shall obtain

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

2.2.1 Commercial General Liability. This policy shall be an occurrence-

type policy and shall protect the Licensee and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Licensee’s employees) and damage to property of the City or others arising out of the act or omission of the Licensee or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Licensee under the paragraph of this Contract entitled “Indemnification.” Coverage shall not be less than:

$ 1,000,000.00 General Aggregate


$ 1,000,000.00 Each Occurrence

2.2.2 through 2.2.6 intentionally left blank.

2.2.7 Liquor Liability. This insurance shall be in comprehensive form and shall protect the Licensee and the additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Licensee’s employees) or damage to the property of others, which arises out of the sale or distribution of alcoholic beverages. Coverage shall be no less than:

$1,000,000.00 Combined Single Limit, each occurrence

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TEMPORARY NONEXCLUSIVE LICENSE AGREEMENT FOR AWNING WITH SUSAN DANIEL D/B/A THE BLACK SWAN FOR CONSTRUCTING AND MAINTAINING AN AWNING ON THE EAST SIDE OF 118 SOUTH CHADBOURNE STREET AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN

WHEREAS, Susan Daniel d/b/a the Black Swan (Licensee) operates a commercial

establishment within the Central Business District and Downtown Development District at 118 South Chadbourne Street, San Angelo, Texas, and would like to shade the front door access with an awning over a portion of the sidewalk right-of-way; and,

WHEREAS, Licensee would like to utilize a designated portion of the sidewalk right-of-way

along the east side of 118 South Chadbourne Street for purposes of constructing and maintaining an awning; and,

WHEREAS, use of a designated portion of the sidewalk right-of-way along the east side of 118

South Chadbourne Street to construct and maintain an awning over a portion of the sidewalk area would be consistent with and beneficial to the aesthetics and development of the Central Business District and Downtown Development District, and said block of South Chadbourne Street in particular; and,

WHEREAS, the City Council has determined that the granting of the application for a

temporary nonexclusive license permitting the construction and maintenance of an awning overhanging a portion of the sidewalk right-of-way on the east side of 118 South Chadbourne Street would be in the public interest and benefit:

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

All of the recitals hereinabove stated are found to be true and correct and are incorporated

herein and made a part of this resolution.

The City Council of the City of San Angelo, Texas, hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, granting of the application made by Susan Daniel d/b/a The Black Swan for a temporary nonexclusive license for purposes of constructing and maintaining an awning over a portion of the sidewalk area on the east side of 118 Chadbourne Street, City of San Angelo, in compliance with all applicable state law and City ordinances, to be located as described more particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes.

The City Manager or his designee is hereby authorized to negotiate and execute on behalf of the City of San Angelo a Temporary Nonexclusive License Agreement for Awning with Susan Daniel d/b/a The Black Swan, for purposes of constructing and maintaining an awning over the described sidewalk right-of-way, and such other instruments as may be necessary or convenient for carrying out such purposes.

PASSED, APPROVED, and ADOPTED THIS DAY OF , 2012.

THE CITY OF SAN ANGELO

Alvin New, Mayor Attest: Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: Shawn Lewis, Community and Economic Lysia H. Bowling, City Attorney Development Director

EXHIBIT A Plan View and Detailed View of Street License Area

118 South Chadbourne Street

City of San Angelo

Memo Meeting Date: June 5, 2012

To: City Council members

From: Jeff Hintz, Planner

Subject: A request to partially abandon a segment of alley right-of-way

on the following property:

Property: An approximately 15.64’ x 32’ portion of alley running east to west,

parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo.

Contacts: David Aycock, representative of owner 481-0500

Jeff Hintz, Planner 657-4210

CAPTION: First Public Hearing and consideration of introduction of an

Ordinance authorizing abandonment of public right-of-way in College Hills West, Section 6, Block 4 in southern San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern 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

Summary: The City Council may:

(1) Approve of the proposed abandonment;

(2) Modify of the abandonment conditions to those believed to be more appropriate; or (3) Deny of the proposed abandonment.

Recommendation: City staff recommends approving the proposed abandonment.

City staff strongly recommends the property owner works with private utilities to resolve outstanding issues regarding the placement of and relocation of utilities

On May 21, 2012 the Planning Commission recommended approving the abandonment by a vote of 7-0.

History and Background:

The pool, which led to this request, had initially been issued a permit in 1999, but it was never finalized and has subsequently expired. An initial inspection regarding the electrical work for the pool had also taken place and was never finalized. Since this pool extends into an alley right-of-way, there is no way to finalize these permits, or alleviate the situation, until the alley is abandoned or the pool is reduced in size.

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Alley between single family residences and AEP

property which has power transmission lines.

Surrounding Zoning/Land Use: North: RS-1 Single-Family Residence

West: RS-1 Single Family Residence

South: RS-1 AEP utility property East: RS-1 Single-Family Residence

Storm Water/Drainage: N/A Topography: Abandonment of the right-of-way is not expected

to generate any elevation problems or issues. Water/Sewer Utilities: N/A

Fire Protection: If the width of the existing driving surface is reduced, then approved base material is required to maintain the width and load bearing capabilities of the alley

Access Management: Requires that utility easements be retained or

utilities be relocated prior to abandonment Notification Required: Yes Notifications Sent: 15

Responses in Favor: 0 Responses in Opposition: 1

Special Information

Private Utilities: Suddenlink has indicated they need to retain the

utility easement. AEP has indicated they need to retain the utility

easement. Verizon has stated there is an existing utility

easement between 3809 Honeysuckle and 3805 Honeysuckle. Verizon has two aerial cables and one large buried cable which are now under pavement along the pool. Verizon will need to maintain this easement and the easement in the alley for our existing buried cable. Any requirements to have overhead lines and buried lines rerouted will be at the owner’s expense. Any damages made to existing cables due to the pool construction prior to alley closure will be at owner’s expense.

Traffic Concerns: Traffic patterns for this area should remain unaffected. This portion of alley has effectively been closed for several years now due to the encroachment of the swimming pool.

City staff does not anticipate any issues with abandoning a segment of the alley. Generally alleys are abandoned in their entirety or not at all, but in this case staff can recommend approval of just a portion of alleyway. This abandonment will directly affect one property owner and will effectively shorten an already dead-end alley by a distance of 32 feet. There are no municipal facilities within the abandonment area; however, several private utility companies have facilities within the alley and/or an existing easement at the back of the property that will likely need to be relocated. This relocation does not the affect the abandonment of the alley and the relocation of these private utilities is the responsibility of the property owner. Although we recommend approval of the abandonment from a municipal point of view, staff does reiterate that there are other issues that will

need to be taken care of to satisfy requirements of private utility companies who are affected.

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 of original plat of the area; draft minutes from Planning Commission; citizen response; and draft ordinance.

Presentation: Jeff Hintz, Planner

Reviewed by: AJ Fawver, Planning Manager (05/10/12)

B. Alley Abandonment: David Aycock

A request to partially abandon a segment of alley right-of-way on the following property: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. 15 notifications were sent out, with 1 in opposition. Mr. Hintz illustrated where the letter of opposition originated from. He noted that the lot current terminates at Lot 24, and was established this way via the plat. Staff’s recommendation of approval is, however, accompanied by an additional recommendation to the property owner to work with private utility companies to remedy any encroachment issues. Mr. Hintz explained that the permits for the pool had been pulled, but had never been finalized – had this happened, as is the required permitting process, the violation would have been caught and remedied at that time. However, it is essentially a problem that has existed for some time and was caught in the process of attempting a property transaction. All private utilities stated that they have utility easements in place, into which this pool encroaches. Bill Wynne asked if the easement is an aerial easement or an underground easement. Jeff Hintz explained the easement is not either/or; rather, it is both. Joe Grimes asked if there was any evidence that there was utility placement under the pool. Verizon has buried cable in the area that falls just underneath the concrete deck around the pool. Jennifer Boggs asked about the trash pickup in the area, and asked for clarification of the ownership; specifically, is the current owner the same owner that built the pool? Mr. Hintz explained that the owner now is a different owner. Al Torres, Building Official, came forward to speak regarding the permitting issue. Mr. Torres explained the inspection process and that an inspection was never finalized, and the permit remains in an expired state. The permit cannot be closed until inspections that show all work is done correctly, has been completed. However, this cannot be done when part of the pool is on someone else’s property. Mr. Hintz answered more questions, explaining how this came to staff’s attention. Bill Wynne stated he suspected this was a matter regarding titles. Sam Tambunga confirmed that there are no recommended conditions as part of the staff recommendation. The Chairman asked questions regarding the perceived “approval” of what transpired with the pool. AJ Fawver explained that, just as with variances, the presence or absence of a structure should not factor into the consideration of the request; rather, the merits of the case for that location (in this case, whether or not it is in the best interests of the municipality to abandon) should always be examined. In this case, regardless of the presence (or absence) of a pool

encroachment, staff would still recommend abandonment of the alley segment because it is seen as having a minimal impact on the public. Mike Aycock, realtor for this property, came forward to answer any questions that the Commissioners had. Joe Grimes speculated about the liabilities involved, and furthermore reiterated staff’s recommendation that the property owner work with the private utilities to remedy the problem. Jennifer Boggs noted that she didn’t feel this isn’t precedent-setting in any way. She noted that the private property owners will then be required to work the matter out amongst themselves. Motion, to approve, was made by Jennifer Boggs and seconded by Bill Wynne. The motion passed unanimously, 7-0.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An approximately 15.64’ x 32’ portion of alley running east to west, parallel to Honeysuckle Lane in the College Hills West Addition, Section 6, Block 4, and immediately south of Lot 24 in southern 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 DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being a portion of an alley in Block 4, Section 6 of

the College Hills West, running parallel to Honeysuckle Lane south of Lot 24 . WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, deems it advisable to abandon and convey the hereinafter described tract of land to the abutting property owner and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner, subject to conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,

Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions and restrictions hereinafter more fully set out:

BEING the entire 15.64-foot width and 32-foot length of right-of-way for a public alley

dedicated immediately south of Lot 24 in Block 4, Section 6, of the College Hills West Addition, which said alley is described more particularly as follows:

BEGINNING at a point on southeast corner of the College Hills West Addition, Section 6, Block 4, Lot 24 THENCE in a westerly direction a distance of 32 feet; THENCE in a southerly direction a distance of 15.64 feet; THENCE in an easterly direction a distance of 32 feet; THENCE in a northerly direction a distance of 15.64 feet to the POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

3. That the abandonment and conveyance provided for herein shall extend only to the

public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.

4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver

a quit claim deed conveying the above-described tract to the abutting property owner.

5. That the terms and conditions contained in this ordinance shall be binding upon

Grantees and assigns. 6. That the Grantees shall pay all reasonable costs associated with procedures

necessitated by the request to abandon this public right-of-way. INTRODUCED on the 5th day of June, 2012 and finally PASSED, APPROVED AND ADOPTED ON this the 19th day of June, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________

Alvin New, Mayor Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo



From: Michael Dane, Interim City Manager


Contact: Michael Dane, 325.657.4241


First Public Hearing and consideration of introduction of an Ordinance amending Chapter 2, Section 2.129 regarding travel reimbursement for City Council and aligning with the recently approved Employee Expense Policy AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100 “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

Summary:

On March 6, 2012, the City Council voted to approve a new Personnel Policy for employees of the City of San Angelo, with the exception of four issues that needed further vetting due to their financial nature. Of the multitude of policies recently approved within the master document, one addresses the employee Travel Expense Policy (revised in April 2012). Therefore, it is appropriate to revisit and realign the employee’s travel policy with that of the City Council’s. The Code of Ordinance section will reflect the following changes:

(a) The purpose of these regulations is to establish the policies and procedures for councilmembers . . . associated with conducting city business. Alternately, councilmembers shall have the option to be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy.

History: The current Council Travel Expense Policy was adopted in March 2008, and simply reads: Chapter 2 – Code of Ordinance Sec. 2.129 Travel Expenses and Reimbursements

(a) The purpose of these regulations is to establish the policies and

procedures for councilmembers who travel on official city business either in-state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the city. The city shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the councilmember only. Councilmembers will be reimbursed for their documented travel expenses as well as any documented expenses (except for alcoholic beverages) associated with conducting city business. Alternately, councilmembers shall have the option to be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy.

(b) Councilmembers requesting advance travel shall provide a travel settlement for such expenses upon return and no later than five days of return and in accordance with the terms contained within the Employee Travel Expense Policy. Travel settlement forms should document all expenses as required. Councilmembers must return any excess advance monies or request additional payment to cover outstanding expenses at that time. Finance will provide a receipt for any excess monies returned.

(c) Any councilmember with two or more outstanding travel settlements may not apply for future advance travel request until such settlements have been submitted and, if required, paid. Confirmation of settlement shall be made by the finance director.

Financial Impact: None as a result of this action

Related Vision Item

(if applicable):

NA

Recommendation: Staff recommends approval of the proposed Council Travel Expense Policy, and therefore, an ordinance revision to enforce.

Attachments: Employee Travel Expense Policy, implemented in April 2012, and DRAFT Ordinance

Presentation: None

Publication: NA


NA

Approved by Legal: City Attorney Lysia H. Bowling

City of San Angelo

Employee Travel Expense Policy April 2012

Purpose This policy establishes guidelines for administering and accounting for travel expenses incurred by City of San Angelo employees who travel on authorized City business. Administration Directors, Managers, and all other personnel who travel on City business are responsible for the administration of this policy. IRS Regulations The City travel policy must follow specific rules relating to travel expense. It is designed to meet the IRS requirements for an accountable reimbursement plan. As such, this policy must include the following three rules.

1. Expenses must be paid or incurred while performing services as an employee of the City

of San Angelo. 2. Expenses must be adequately accounted for within a reasonable period of time. 3. Excess reimbursement or allowance must be returned within a reasonable period of time. Failure to follow the procedures in this policy violates the rules under IRS’s regulations. This may result in travel expenses and mileage reimbursements being classified as taxable income to the employee. Petty Cash Funds Travel expenses cannot be paid by individual departments out of petty cash funds. Only public safety employees are authorized to receive money for emergency travel out of departmental petty cash. Seminars, conferences, etc. are not considered emergency travel. Travel Advances An employee may obtain a travel advance to assist in his or her payment of expenses expected to be incurred on travel made for the City. No advance will be provided to employees that already have advances that are past due. The advancing of money for travel expenses does not constitute approval for the expenditure of the amount advanced. All expenditures must be authorized items. Travel advances are treated as a debt owed by the employee to the City until an itemized accounting is submitted. Employees are responsible for the repayment of excess advanced money over approved expenditures (i.e. advance equals $100.00, approved expenditures equal $80.00, employee must repay $20.00) If, upon completion of the trip, the traveler owes the City money, payment should be submitted along with the completed Travel Settlement Form to the cash receipts clerk in water billing. A receipt will be provided to document the repayment.

Allowable Expenses The City of San Angelo will pay expenses incurred in the course of authorized City travel. Employees shall be entitled to accommodations and services which are reasonable, economical and meet quality standards for convenience, safety, and comfort. Employees are expected to exercise good judgment in distinguishing between comfort and extravagance. The following is intended as a general guide and is not necessarily all-inclusive. Discretion remains with the appropriate manager in approving expenses for unusual circumstances. Travel out of state must be approved in advance by the City Manager’s office. To be reimbursed, reasonable travel expenses must be properly documented, receipted and approved. Each employee is responsible for adhering to this policy when incurring expenditures on behalf of the City. Transportation City Vehicle – Employees are encouraged to use City vehicles for out-of-town travel. Credit cards are available from Purchasing for the purchase of gas, oil, or other routine supplies. These credit cards are available for use with City vehicles only. Receipts must be attached to the Travel Settlement Form. Personal Vehicle – If a City vehicle is not used, the City will reimburse out-of-town travel at the current mileage rate authorized by the IRS. Reimbursement will be based on miles from departure city to destination city plus five percent “in town” driving at the destination city. Mileage amounts can be obtained from the Rand McNally website at www.randmcnally.com. Google Maps at www.maps.google.com will be used for destinations not included on the Rand McNally website.

Note: Employees who receive an auto allowance will receive a mileage reimbursement for trips of 200 miles (round trip) or more only. Commercial Airline – Air travel can be utilized for trips when the cost (including local transportation costs) does not exceed the amount that would be paid for a mileage based reimbursement. Additionally, air travel must have the approval of the City Manager when circumstances place time constraints on the traveler. Only coach accommodations will be allowed. A proper receipt that shows dates of travel, destination city and the method and amount of payment must be submitted with the Travel Settlement Form. An internet reservation printed from a computer is not an adequate receipt of travel expenses. Rental Cars or Taxis – When air travel is used, expenses for rental cars or taxis will be reimbursed if transportation is necessary to conduct City business. Lodging The city will pay for the cost of lodging necessary for out-of-town travel. Luxury/resort accommodations will not be allowed. City employees should request a government rate when making reservations. An exit receipt is required from the motel/hotel and should be attached to the Travel Settlement Form.

Meals and Incidental Expenses (M&IE) The IRS defines expenses in this category to include food, beverage, laundry, cleaning and pressing of clothing, and fees and tips for services. Incidental expenses do not include taxicab fares, lodging taxes, or the cost of telegrams or telephone calls. A per diem will be paid for meals and incidental expenses incurred while traveling away from home. Cost of meals and incidentals over the per diem rate will be the responsibility of the employee. The M&IE per diem rate for travel away from San Angelo is $46 per full day of travel. For each partial day of travel, ¾ of the per diem rate is allowed. For example, an out-of-town seminar starts at noon Wednesday and runs to noon Friday: Wednesday’s per diem is $34.50 ($46 x ¾) Thursday’s per diem is $46.00 (full day) Friday’s per diem is $34.50 ($46 x ¾) The City will pay higher per diem rates for IRS approved cities. Accounting maintains a list of cities with their allowable rates. Check this list prior to processing your travel settlement. These rates are subject to change every year in October. Registration The City will pay registration fees for an approved conference, seminar or meeting. If the employee fails to arrange payment prior to the event, they must obtain a receipt in order to be reimbursed for the expense. The receipt should be attached to Travel Settlement Form. Entertainment events such as golf and tennis tournaments priced separately from basic registration are not allowed. Spouses The City will not pay for or reimburse an employee for any travel expenses of his or her spouse, including registration, activity fees, lodging fees, etc. Telecommunications Phone calls and facsimile communications directly related to City business will be reimbursed. Other Expenses Tolls and parking expenses incurred will be reimbursed. Receipts and valid explanation are required. Entertainment expenses and alcoholic beverages are not allowed. Tickets to sports events, concerts, etc. would be considered entertainment and would not be allowed. Accounting Procedures Travel Advance A travel advance is paid to an employee after an approved Travel Payment Request Form is submitted to accounting. Dates of travel, locations and purpose should be noted at that

time. A calculation of expected expenses should be noted also. Travel advances may be submitted to accounting up to thirty (30) days prior to the date of travel. Travel advance requests must be submitted to accounting by noon on Friday in order to be available the following Wednesday. Manual checks for travel advances must be authorized by the Finance Director only.

Note: If the employee fails to plan travel arrangements without regard to the time needed to process the advance, the employee must pay for all expenses out of his/her pocket and then be reimbursed after the travel is completed. Travel Settlement Travel settlements must be submitted within 5 business days after travel is completed. Travel Settlement Forms should document all expenses as required. Travel settlements that include a return of excess advance money should be submitted to the cash receipts clerk in water billing. He/she will provide a receipt for excess money returned. Audit The accounting department will periodically audit travel advances and all travel settlements will be reviewed. If an employee is contacted by accounting for an outstanding travel advance, he/she must account for or return the advance within 5 business days.

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION”, ARTICLE 2.100, ENTITLED “CITY COUNCIL”, SECTION 2.129 ENTITLED “TRAVEL EXPENSES AND REIMBURSEMENTS”, BY AMENDING SUBSECTION (A) REGARDING TRAVEL SETTLEMENTS FOR ANY COUNCILMEMBER, OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to ordinance amendments, have given requisite notice and otherwise, and after holding hearings and affording a full and fair hearing to all persons interested, generally, is of the opinion that amendment to the text of the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 2, Article 2.100, Section 2.129(a) of the Code of Ordinances of the City of San Angelo, Texas is hereby amended to read as follows:

(a) The purpose of these regulations is to establish the policies and procedures for councilmembers who travel on official city business either in-state or out-of-state. Such travel shall include attendance at conferences, seminars, and training sessions on behalf of the city. The city shall pay reasonable expenses for registration fees, lodging, meals, transportation, and all allowable miscellaneous expenses for the councilmember only. Councilmembers will be reimbursed for their documented travel expenses as well as any documented expenses (except for alcoholic beverages) associated with conducting city business. Councilmembers shall be reimbursed in accordance with the terms contained within the Employee Travel Expense Policy. This policy shall supersede any existing policy. 2) THAT, the following severability clause is adopted with this amendment:

SEVERABILITY:

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

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

INTRODUCED on the day of , 2012, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: Michael Dane, Interim City Manager Lysia H. Bowling, City Attorney

City of San

Angelo

Memo Date: June 19th, 2011 To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: Limited prohibition of parking in yards

Contact: AJ Fawver, Planning Manager 657-4210

Caption: First Public Hearing and consideration of an Ordinance amending Chapter 8 (Offenses and Nuisances) in the Code of Ordinances, City of San Angelo


____________________________________________________________________________________

Summary: At the requests of Council members Adams and Alexander, staff members

have put together a draft ordinance to address the issue of parking in residential yards, while at the same time recognizing that there are some circumstances which may render some areas more suitable for doing so than others.

This item was presented for a vote on May 15th, 2012. At this time, the

motion for approval failed by a vote of 3-3, with Hirschfeld, Morrison, and Silvas voting in opposition.

History and Background: The issue of parking in residential yards was discussed in December of 2003, when a member of the Legal staff presented a draft ordinance which would prohibit parking in

residential front yards. The City Council at that time decided to take no action and did not change the regulations. In October of 2009, the matter was again presented for discussion by the Development Coordinator at that time. Discussion centered around what other cities did to regulate the practice, and Council members asked that staff continue to look into the matter. Analysis: After meeting with Council members Adams and Alexander to discuss the matter, staff put together a draft ordinance which attempts to bridge the gap between the two previous discussions. While the 2003 discussion was with a different Council that generally did not feel compelled to act, the 2009 discussion seemed to have one consensus: that the regulations, if pursued at some point, not prohibit this type of parking entirely. Rather, it recognized that there might be some instances in which it should be allowed. Staff’s draft ordinance attempts to recognize such circumstances. Basically, this proposed ordinance prohibits the parking of vehicles on unimproved surfaces as a nuisance, with the following exceptions:

(1) Parking in an area screened from public view with a fence or wall 6’ in height;

(2) Parking in a rear yard not adjacent to a street right-of-way; (3) Residential lots on streets 30’ wide or narrower; (4) Parking of a vehicle with a valid handicapped license plate or mirror

hanger.

By using these guidelines, the following can occur:

• Individuals living on narrow streets are allowed relief;

• The vast majority of rear yards (which are generally adjacent to an alley right-of-way) are still available for parking;

• Renters of residential property are penalized, and not the property owner(s);

• Residents are given a six-month period to come into compliance before the ordinance goes into effect;

• There is a wide variety of opportunities for property owners to create “paved” areas for parking in the front yards by offering a broad definition of paving, to

include the following materials, the specific requirements of which are in the attached draft ordinance:

• hot mix over an appropriate base material;

• two-course penetration (two layers of crushed stone and asphalt);

• reinforced concrete;

• interlocking concrete paving stones over an appropriate base; or

• compacted gravel, caliche or crushed rock with a minimum depth.

Fiscal Impact: N/A

Related Vision Items: Establish appropriate regulations to protect neighborhoods Provide adequate amenities for all neighborhoods Cleaner neighborhoods Recommendation: City staff recommends approval as presented; the various

definitions and exceptions in the ordinance appear to address concerns discussed in previous discussions on this issue.

Attachments: draft ordinance

Publication: not applicable

Presentation: AJ Fawver, Planning Manager

AN ORDINANCE AMENDING CHAPTER 8 (OFFENSES AND NUISANCES) BY ADDING A NEW ARTICLE 8.1000 PROHIBITING PARKING OF VEHICLES ON UNIMPROVED SURFACES, IN CERTAIN SITUATIONS AND IN RESIDENTIAL DISTRICTS OF SAN ANGELO; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the appearance of residential neighborhoods is enhanced by encouraging clear demarcation between improved surfaces intended for off-street parking and grass-covered surfaces contributing to natural beauty and openness in the residential environment; and WHEREAS, both off-street parking and grass-covered surfaces, in measured amounts and clearly distinct from one another, contribute to the comfortable enjoyment of life and property in residential districts; and WHEREAS, off-street parking on unimproved surfaces prevents growth of vegetation, contributing to sediment-laden, contaminated runoff; and WHEREAS, the appearance of healthy residential impacts is negatively blighted by a reduction of openness; and WHEREAS, safety issues are created by visual clutter which blocks sight lines for vehicular traffic; and WHEREAS, hazards are created for emergency vehicles by obstructing access; and WHEREAS, a blurred distinction between natural areas and off-street parking areas does diminish the quality and value of not only the property where this occurs but of other nearby properties, as well; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 8 in the Code of Ordinances, City of San Angelo, Texas is hereby amended by adding the following Article 8.1000 thereto and which concerns prohibiting parking vehicles on unimproved surfaces, in residential districts:

ARTICLE 8.1000 PARKING VEHICLES ON UNIMPROVED SURFACES

Section 8.1001 Definitions

The following words and phrases when used in this article shall have the meanings respectively ascribed to them: fence or wall, privacy: A fence or wall made of wood, masonry or metal, permanently constructed of products commercially sold as fence materials, and which provides a solidly opaque barrier. improved surface: Asphalt, concrete, paving brick or an acceptable all-weather surface of compacted gravel, caliche or crushed rock, as follows: hot mix asphaltic concrete having minimum thickness 1¼ inches, over a 4-inch stabilized base consisting of compacted crushed stone, cement-treated base, or soil cement base; two-course penetration surface composed of two layers of crushed stone and asphalt; reinforced concrete having a minimum thickness of 5 inches; interlocking concrete paving stones at least two inches thick on a base consisting of a layer of bedding sand over a minimum 4 inches of compacted crushed stone, cement-treated base, or soil cement base; or compacted gravel, caliche or crushed rock having a minimum depth of 6 inches. lot: A tract or parcel of land potentially suitable for building purposes and legally transferrable as a single unit of land. For the purposes of this article, a lot may or may not coincide with a lot shown on a recorded subdivision plat. residential district: A residential zoning district according to the Zoning Ordinance of the City of San Angelo. vehicle: Shall include but not be limited to automobiles, trucks, trailers, semi-trailers, recreational vehicles, travel trailers, boats or other watercraft, and motorcycles (not including bicycles and tricycles that are not motor-propelled).

yard: An open, unoccupied space on the surface of a lot or tract of land, that is unobstructed from the ground to the sky. yard, front: All that space on the surface of a lot, located between the street right-of-way line and the apparent front line of the principal building on that lot, extending across the full width of the lot. The depth of such yard shall include the entire area between said street right-of-way line and the most remote point on an exterior wall of the apparent front face of that principal building. yard, rear: All that space on the surface of a lot, located between the rear line (opposite the apparent front line) of the principal building on that lot and the most proximate and nearly parallel property boundary (that being the rear boundary) on that same lot, extending across the full width of the lot. The depth of such yard shall include the entire area between said rear boundary and the most remote point on an exterior wall of the rear face of that principal building. yard, side: All that space on the surface of a lot, adjoining the sides of the principal building on that lot and located between the front and side yards. Section 8.10002 Parking Prohibited (a) The act or failure to act described in the following paragraph (b) shall

constitute a nuisance and is therefore prohibited and unlawful.

(b) Parking, placing, depositing, leaving or permitting to remain any vehicle in the yard of any lot (other than a municipal park or recreation area) in a residential district, except as allowed specifically below:

(1) on an improved surface; or (2) in an area screened from public view, by a solidly opaque privacy

fence or wall at least 6 feet in height and which otherwise conforms to height limitations proscribed by the Zoning Ordinance of the City of San Angelo.

Section 8.1003 Additional Exceptions The prohibitions of this article shall also not apply to: (a) parking, placing, depositing, leaving or permitting to remain any

vehicle in the rear yard of any lot in a residential district, so long as the rear boundary of said lot is not adjacent to a street right-of-way;

(b) parking, placing, depositing, leaving or permitting to remain any

vehicle in the yard of any lot in a residential district, so long as said lot has access only to street(s) having an improved surface thirty feet (30’) or less in width; and

(c) parking, placing, depositing, leaving or permitting to remain any

vehicle in the yard of any lot in a residential district, so long as such vehicle has a valid handicapped license plate or mirror hanger.

Section 8.1004 Defenses It is a defense to prosecution under Section 8.1002 that the vehicle unlawfully parked, placed, deposited, left or permitted to remain is registered to a person residing on the lot where the offense occurs, but such real property is rented or leased from another person, firm or corporation, in which case only the registered vehicle owner(s) shall be subject to prosecution, not the real property owner. 1) THAT the following severability clause is adopted with this

amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 2) THAT the following penalty clause is adopted with this amendment: PENALTY Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances, City of San Angelo, Texas. Each day of violation shall constitute a separate offense. 3) THAT this Ordinance shall be effective on, from and after the date

180 days following the date of its adoption.

INTRODUCED on the _______ day of _________________ 2012, and

finally PASSED, APPROVED and ADOPTED on this the _______ day of

___________________, 2012.

CITY OF SAN ANGELO by: __________________________________ Alvin New, Mayor ATTEST: by:_____________________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: ________________________ _________________________ AJ Fawver, Planning Manager Lysia Bowling, City Attorney


WHEREAS, the appearance of residential neighborhoods is enhanced by encouraging clear demarcation between improved surfaces intended for off-street parking and grass-covered surfaces contributing to natural beauty and openness in the residential environment; and WHEREAS, both off-street parking and grass-covered surfaces, in measured amounts and clearly distinct from one another, contribute to the comfortable enjoyment of life and property in residential districts; and WHEREAS, a blurred distinction between natural areas and off-street parking areas does diminish the quality and value of not only the property where this occurs but of other nearby properties, as well; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 8 in the Code of Ordinances, City of San Angelo, Texas is hereby amended by adding the following Article 8.1000 thereto and which concerns prohibiting parking vehicles on unimproved surfaces, in residential districts: ARTICLE 8.1000 PARKING VEHICLES ON UNIMPROVED SURFACES

Section 8.1001 Definitions The following words and phrases when used in this article shall have the meanings respectively ascribed to them: fence or wall, privacy: A fence or wall made of wood, masonry or metal, permanently constructed of products commercially sold as fence materials, and which provides a solidly opaque barrier. improved surface: Asphalt, concrete, paving brick or an acceptable all-weather surface of compacted gravel, caliche or crushed rock, as follows:

hot mix asphaltic concrete having minimum thickness 1¼ inches, over a 4-inch stabilized base consisting of compacted crushed stone, cement-treated base, or soil cement base;

two-course penetration surface composed of two layers of crushed stone and asphalt;

reinforced concrete having a minimum thickness of 5 inches;

interlocking concrete paving stones at least two inches thick on a base consisting of a layer of bedding sand over a minimum 4 inches of compacted crushed stone, cement-treated base, or soil cement base; or

compacted gravel, caliche or crushed rock having a minimum depth of 6 inches.

lot: A tract or parcel of land potentially suitable for building purposes and legally transferrable as a single unit of land. For the purposes of this article, a lot may or may not coincide with a lot shown on a recorded subdivision plat.

residential district: A residential zoning district according to the Zoning Ordinance of the City of San Angelo. vehicle: Shall include but not be limited to automobiles, trucks, trailers, semi-trailers, recreational vehicles, travel trailers, boats or other watercraft, and motorcycles (not including bicycles and tricycles that are not motor-propelled). yard: An open, unoccupied space on the surface of a lot or tract of land, that is unobstructed from the ground to the sky. yard, front: All that space on the surface of a lot, located between the street right-of-way line and the apparent front line of the principal building on that lot, extending across the full width of the lot. The depth of such yard shall include the entire area between said street right-of-way line and the most remote point on an exterior wall of the apparent front face of that principal building. yard, rear: All that space on the surface of a lot, located between the rear line (opposite the apparent front line) of the principal building on that lot and the most proximate and nearly parallel property boundary (that being the rear boundary) on that same lot, extending across the full width of the lot. The depth of such yard shall include the entire area between said rear boundary and the most remote point on an exterior wall of the rear face of that principal building. yard, side: All that space on the surface of a lot, adjoining the sides of the principal building on that lot and located between the front and side yards.

Section 8.10002 Parking Prohibited (a) The act or failure to act described in the following paragraph (b) shall constitute a

nuisance and is therefore prohibited and unlawful. (b) Parking, placing, depositing, leaving or permitting to remain any vehicle in the

yard of any lot (other than a municipal park or recreation area) in a residential district, except as allowed specifically below: (1) on an improved surface; or

(2) in an area screened from public view, by a solidly opaque privacy fence or

wall at least 6 feet in height and which otherwise conforms to height limitations proscribed by the Zoning Ordinance of the City of San Angelo.

Section 8.1003 Additional Exceptions The prohibitions of this article shall also not apply to: (a) parking, placing, depositing, leaving or permitting to remain any vehicle in the

rear yard of any lot in a residential district, so long as the rear boundary of said lot is not adjacent to a street right-of-way;

(b) parking, placing, depositing, leaving or permitting to remain any vehicle in the

yard of any lot in a residential district, so long as said lot has access only to street(s) having an improved surface thirty-six feet (36’) or less in width; and

(c) parking, placing, depositing, leaving or permitting to remain any vehicle in the

yard of any lot in a residential district, so long as such vehicle has a valid handicapped license plate or mirror hanger.

Section 8.1004 Defenses It is a defense to prosecution under Section 8.1002 that the vehicle unlawfully parked, placed, deposited, left or permitted to remain is registered to a person residing on the lot where the offense occurs, but such real property is rented or leased from another person, firm or corporation, in which case only the registered vehicle owner(s) shall be subject to prosecution, not the real property owner. 1) THAT the following severability clause is adopted with this amendment:

SEVERABILITY:

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

2) THAT the following penalty clause is adopted with this amendment:

PENALTY

Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances, City of San Angelo, Texas. Each day of violation shall constitute a separate offense.

3) THAT this Ordinance shall be effective on, from and after the date 180 days

following the date of its adoption. INTRODUCED on the _______ day of _________________ 2012, and finally PASSED,

APPROVED and ADOPTED on this the _______ day of ___________________, 2012.

CITY OF SAN ANGELO by: __________________________________

Alvin New, Mayor ATTEST: by:_____________________________

Alicia Ramirez, City Clerk

City of San Angelo

Memo DATE: May 31, 2012 TO: Mayor and Council Members FROM: Robert Salas, Neighborhood & Family Services Department Director SUBJECT: Agenda Item for June 19, 2012 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Regular Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2012 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. ___________________________________________________________________________________

Summary: This is the 1st public hearing for the 2012 CDBG and HOME allocations and the discussion and deliberation of those funds. The City Council needs to make its allocation decisions in order to comply with the Citizen Participation Plan and allow staff to prepare the Annual Action Plan. The attached spreadsheet sets out the available funding for the allocations and the staff’s recommendations. History: The City expects to receive $698.069 in CDBG funds and $266.057 in HOME funds from the U.S. Department of Housing and Urban Development (HUD) for Grant Year 2012. Additionally, we anticipate receiving $40,000 in CDBG program income, $22,000 in HOME program income, $48,074 in rental revenue and $10,000 from COSADC for a total of $1,084,166 to be allocated to 2012 projects. Project descriptions (attached) provide a synopsis of the applications for funding which were reviewed and analyzed by staff. The other attachment is the 2012 CDBG/HOME Projects Funding Worksheet which provides a summary of all proposed projects recommended for funding. Financial Impact: The allocation process must be completed in order to submit the required Annual Action Plan to HUD for approval and expend allocated funds. Related Vision Item: Neighborhood Revitalization. Other information/recommendations: Staff recommends City Council allocate $1,084,166 to 2012 projects as proposed by staff. Attachments: 2012 CDBG and HOME Project Descriptions

2012 Funding Worksheets Presentation: By Neighborhood & Family Services Director Bob Salas Publication: Standard Times (English and Spanish) Reviewed by Department Director: N/A

PROPOSED CDBG/HOME PROJECT DESCRIPTIONS Listed below are detailed descriptions of activities recommended for funding under 2012 CDBG and HOME grant programs. Descriptions include timelines for each project, additional funding received for specific use of the project, and what national/local objectives the project addresses.

HOME FUNDED PROJECTS $199,097 City’s Affordable Housing Program Funds provided for HOME administration and Homebuyers Assistance Programs to continue to revitalize the current City Council identified Rio Vista, Blackshear, Reagan and Fort Concho target areas through down payment and closing cost assistance. Of the amount allocated, $74,646 will provide for administration costs and $114,451 will provide approximately 15 families down payment and closing cost assistance to purchase a home. $10,000 will be earmarked for Elderly Duplex maintenance. Projects will be executed throughout the year. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons Benefit CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 12,13,14A Affordable Housing/Site Improvements

Rehabilitation/New Construction §92.205(a)

$55,000 MHMR Tenant-based Rental Assistance Funds provide tenant-based rental assistance (TBRA) to 21 clients with a chronic mental illness residing within the San Angelo city limits over a period of a year. The HOME funds requested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the City of San Angelo that meets HUD’s minimum Housing Quality Standards. Yearlong services will be provided. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Special Needs/Homeless Populations ELIGIBLE ACTIVITY: 05S Tenant-Based Rental Assistance §92.205(a) $92,000 Galilee Community Development Corp – CHDO Construction Grant Funds provide for new home construction for low/moderate income residents. GCDC’s current goal is to build at least 3 homes with the 2012 allocation and with other resources. Additional Funding: None NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Affordability Housing ELIGIBLE ACTIVITY: 12 Construction and Housing §92.2.05(a)

CDBG FUNDED PROJECTS $147,614 CDBG Administration/Planning Staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation of CDBG and HOME programs. Additional Funding: None NATIONAL OBJECTIVE: NA CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 21A General Program Administration §570.206 $353,282 City’s Housing Rehabilitation Program Continues funding for the Housing Rehabilitation/Preservation Program which includes:

• Housing Rehabilitation • Emergency Repairs • Program Delivery

Housing Rehab - $144,026 will be for Housing Rehab loans/grants. Assistance will be provided to at least 10 eligible low/moderate income homeowners within the city limits of San Angelo. Expenditures are limited to $24,999.00 per unit but average approximately $16,000 per project. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on requirements set by HUD regulations. Projects are scheduled first come first served and will be executed throughout the year. Emergency Repairs - $90,000 will fund 100% grant for low/moderate income homeowners for up to $5,000.00 in Emergency Repairs. An emergency is a situation or condition that occurred without warning (within two (2) weeks), is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. The goal for this funding is to complete repairs for approximately 40 unduplicated households. Services continue throughout the year. Program Delivery - $119,256 will fund salaries and benefits for program staff and provide funds for operating the Rehab programs.

Additional Funding: None NATIONAL OBJECTIVE: Benefit 100% low/moderate income households CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202

$41,000 Code Compliance Funds the salary and benefits for a City of San Angelo Code Compliance Officer. This officer will be assigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junk appliances, refuse, unsightly material and temporary signs, and related state laws in low/moderate income areas defined by the 2010 Census. On average, the Code Compliance Division performs about 2900 compliance activities annually, which include inspection, re-inspection and violation documentation in low/moderate income areas. The service provided by the officer will aid in the elimination of conditions which are detrimental to health, safety and public welfare in targeted areas of the City. Year-long project. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 15 Code Enforcement Activities §570.202(c) $151,173 Debt Service Repayment of the Section 108 Loan for Rio Vista Park Renovation and the Producer’s Park Development. This loan totaling $2,035,000 plus interest will be paid back over period not to exceed 20 years. Additional Funding: None NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Public Facilities ELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c) $25,000 Helping Hands Funds minor repairs to provide cost-free, safe, secure, and weatherproof housing for elderly homeowners. The Helping Hands program will be used to assist with minor repairs to plumbing, electrical, and other conditions that present an unsafe or unsanitary condition for the homeowner. Approximately 30 homeowners will be assisted through the Helping Hands Program. Projects are scheduled twice a year using community volunteers. Additional Funding: None NATIONAL OBJECTIVE: Benefit 100% low/moderate income persons CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: 14A Rehabilitation §570.202 $20,000 Rental Housing Education & Mediation Services San Angelo Rental Housing Education & Mediation Services Collaborative will coordinate a community collaborative to correct housing code violations by providing rental housing education & mediation services regarding tenant-landlord and Fair Housing Rights and Responsibilities. Additionally, the collaborative will provide technical assistance to the collaborative by developing documentation related to alleged incidents of housing code violations and by tracking and counseling and remediation services and incident outcomes; provide public education and information through 5 annual workshops and public forums on landlord/tenant rights and the Fair Housing Law; provide support services to investigate housing discrimination complaints through HUD- approved, private fair housing enforcement activities. Additional Funding: None

NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Non-Housing Community Development ELIGIBLE ACTIVITY: 05D Public Service Activities §570.201(e)

City of San Angelo2012 CDBG Projects Funding Worksheet

CDBG Federal Entitlement 698,069 Current Year Program Income 41,849Program Income: Housing Rehab Loans 40,000Program Year Funds Available 738,069CD Administration CapPublic Service CapPrior Year Funds AvailableTotal Available to Allocate 738,069

Amount of Proposed AmountRequests Allocation Remaining

All projects 738,069 738,069 0

Prior Year Requested ProposedAllocation Amount Allocation

Administration/Planning CD Admin (≤20% EN+PI)) 203,433 147,614 147,614Rehab/Preservation Hsg Rehab Admin 134,000 119,256 119,256 Hsg Rehab Program 378,314 144,026 144,026 Emergency Repairs 120,000 90,000 90,000 Helping Hands 0 25,000 25,000 Tenant Mediation 0 20,000 20,000Debt Payment Services 175,000 151,173 151,173

Clearance Code Compliance - Code Enforcement 41,000 41,000 41,000

Total City Requests 909,747 738,069 738,069

Total Allocations 738,069

City of San Angelo2012 HOME Projects Funding Worksheet

HOME Federal Entitlement 266,057Program Income: Revitalization Loans 22,000 Admin Cap 28,806Program Year Funds Subject to Caps 288,057SADC Revenue 10,000Shelton Revenue 14,040Elderly Duplex Rent Revenue 34,000

2010 Program Year Funds Available 346,097Prior Year Funds AvailableTotal Available to Allocate 346,097

Minimum CHDO Allocation 39,909

Amount of Amount Proposed AmountRequests Available Allocation Remaining

All projects 357,097 346,097 346,097 0(which includes rent revenue)

Prior Year Requested Proposed Prior YearAllocation Amount Allocation Reallocation

City Requests CD - HOME Admin (≤10%EN+ PI) 81,958 74,646 74,646 Elderly Duplex Maintenance 10,000 10,000 10,000 CD - Neigh Revitalization(Down Pmt) 90,000 114,451 114,451Total City Requests 181,958 199,097 199,097

Community Requests MHMR - TBRA 58,699 58,000 55,000 Galilee CDC (CHDO Set-Aside) 120,000 100,000 92,000Total Community Requests 178,699 158,000 147,000

Total Requests 357,097 346,097

The U.S. Dept. of HUD does not consider rental revenue as program income. Therefore, the CHDO Set-Aside is based on a minimum of 15% of entitlement. HOME Admin has a Cap of 10% (26,606), but we may allocate areasonable amount to HOME Admin from rental revenue. Therefore, we have recommended $27,394 from rental revenue also be allocated to HOME Admin and the balance of $6,606 be allocated to Duplex Maintenance.

1

City of San Angelo Parks & Recreation

Memorandum Date: June 15, 2012


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for June 19, 2012, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724


Consideration of approving a proposal from Action Baseball Academy to lease or license some of Ben Ficklin Park to operate a baseball instruction facility.

Summary: Staff recommends approval of a conceptual proposal from Action Baseball Academy to lease or license some of Ben Ficklin Park to operate a baseball instruction facility. If approved, staff would return to Council with a proposed agreement for consideration.

The Recreation Advisory Board considered this proposal at their meeting on May 22, 2012 and unanimously approved recommendation.

The basic parameters of the proposed agreement include the following:

• 5-year term with 1 option to renew for an additional 5-year term. • Consideration:

o Improvements: ball field improvements, concessions, restroom and batting cages, walkway improvements, parking improvements, lighting and some landscaping.

o Provide recreational and educational programs. o Provide maintenance of the property (including utility costs).

History: There is no previous history on this item.

Financial Impact: Under the proposed lease agreement, there would be no cost to the City.

Related Vision

Item:

None directly applicable.

Other Info./

Recommendation

Staff recommends approval.

2

Attachments: Letter of proposal and Resume from Mr. Anthony De La Cruz, proponent.

Presentation: Verbal and PowerPoint.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, May 30, 2011

Approved by Legal:

N/A

Map showing general area of the proposed baseball academy facility.

City of San Angelo Parks & Recreation



From: Carl White, Parks & Recreation Director


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

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


Presentation of a proposal for naming rights agreement for the Municipal Pool and authorizing Citywise Marketing, LLC, Agent for the City of San Angelo to negotiate said agreement

Summary: Staff recommends approval of a proposed naming rights agreement for the San Angelo Municipal Pool with the Love Family and Citywise Marketing. Here are the basic terms of the agreement:

• Payment: Annually $7,000, for an 8-year term = $56,000 in total.

• Terms: a family season pass to the pool, which is for both parents and their 4 kids and two private parties at the pool during the season.

• Some signage around the pool and at the entrance, and referenced in press release as Love Municipal Pool.

History: There is no direct history on this specific item. On June 1, 2010, the Council approved a naming rights services agreement with Citywise Marketing, giving the local firm the exclusive right to market naming rights to City facilities.

The San Angelo Municipal Pool has recently been completely renovated with mostly 4B half-cent sales tax funds.

Financial Impact: The City incurs no expense with this proposal.

In keeping with its contract, Citywise earns a 35% commission on a sales price of $56,000. That means the City will receive $4,550 annually, while Citywise, which performed all of the legwork and will continue to administer the contract, earns $2,450.

Related Vision Item: N/A


The naming rights signs will be relatively small and will maintain the pool’s historic appearance.

The Recreation Advisory Board approved the proposal by a 3-2 vote. Concerns were expressed about the overall amount and about the solicitation and selection process. Staff recommends approval.

Attachments: Draft minutes of the May 22, 2012 Recreation Advisory Board minutes.

Presentation: N/A

Publication: N/A


Rick Weise, Assistant City Manager

Approved by Legal: Yes

THE CITY OF SAN ANGELO, TEXAS MINUTE RECORD OF A REGULAR MEETING OF THE RECREATION ADVISORY BOARD

Following notice and publication, the Recreation Advisory Board convened in a regular meeting at 4:30 p.m. May 22, 2012 in the Activity Room, Santa Fe Crossing, 702 S. Chadbourne St., San Angelo, Texas. Board members present were Mr. Joaquin Cervantes, Chair, Ms. Gloria Hummingbird, Mr. Louie Perez Ms. Mikala Brownfield and Mr. Jeff Helton. Staff members present were Mr. Carl White and Ms. MaryAnn Vasquez. Minutes were recorded by Mrs. Ida Rios. Guests present were Mr. A.J. Delacruz, and Mr. Stephen McLaughlin. I. OPEN SESSION (4:30 p.m.) A. Call to Order Mr. Cervantes called the meeting to order at 4:35 p.m. B. Public Comment None II. CONSENT AGENDA Approval of the May 8, 2012 Minutes.

Mr. Helton made a motion to approve the minutes with minor changes. Ms. Hummingbird seconded the motion. The motion was then unanimously approved.

III. REGULAR AGENDA: PUBLIC HEARING AND COMMENT 1. Consideration of approving a proposal from Action Baseball Company to lease or license Ben Ficklin

Park to operate a baseball instruction facility, including naming rights. - Carl White At this time there is no information on naming rights for Ben Ficklin Park. Mr. White presented background information on the proposal to lease or license the park. There was some discussion on the difference between a lease and a license, the current use of the facility and the effect it will have on Southern Little League. Parks staff recommends approval of the proposal due to the fact that the City does not have the means to make the necessary repairs and improvements. Mr. De La Cruz presented personal background information and additional information on the programs he would like to provide for the public. If approved by Council, the expected groundbreaking would be in August or September. At 5:13 Mr. Perez recused himself from the discussion. Mr. Helton made a motion to accept the proposal from Action Baseball Company to lease or license Ben Ficklin Park and move forward for Council’s approval. Ms. Brownfield seconded the motion and the motion passed unanimously.

2. Consideration of naming rights proposal for Municipal Pool and any action in connection thereto. – Stephen McLaughlin, Citywise Marketing Mr. Perez returned to the meeting for this item. Mr. White presented background information on naming rights for the Municipal Swimming Pool. The Love Family has made a proposal for naming rights for the pool of $7,000 a year, a family season pass and 2 private parties for a term of 8 years. The signage would include a small sign with the name Love Munici-pool. Mr. McLaughlin stated that he sent out letters to potential companies to buy naming rights for the pool with 10-15 days to respond. Currently, the Love family is the only one that has responded. General discussion was held regarding the placement and design of the sign, the name and the amount of revenue that will return to the pool. Ms. Vasquez stated that any signage will have to be approved by the River Corridor Commission and possibly the Historic Preservation Commission. Ms. Brownfield made a motion to accept the proposal and move forward for Council’s approval with the name Love Municipal Pool. Mr. Helton seconded the motion. The motion passed 3 to 2 with Mr. Perez and Mr. Cervantes opposing.

IV. ADJOURNMENT Ms. Brownfield made a motion to adjourn, seconded by Mr. Helton. The meeting was adjourned at 5:38 p.m. __________________________________

Approved

City of San Angelo Civic Events Division



From: Anthony Wilson, Civic Events Manager


Contact: Anthony Wilson, Civic Events Manager, 234-0014

Caption: Regular Item

Consideration of approving adjusted rental rates for the large and north meeting rooms, and kitchen use fees at the McNease Convention Center.

Summary:

Costs have increased in the four-plus years since rental rates at the Convention Center were set. A comparison of the Convention Center’s rates against those of other local and regional venues found the facility is undervalued. Staff has crafted – and the Civic Events Advisory Board backs – a proposal that would keep the Convention Center as the cost-effective venue in West Texas while generating more revenue to support its maintenance and operations.

History: Rental rates for the McNease Convention Center were last adjusted prior to the venue reopening, following its renovation, in April 2008. A recent review of other local venues and similar facilities in Abilene and Midland found the Convention Center is undervalued. In some instances, that’s because other venues charge less for the room, but charge extra for each table, chair, microphone, stage section, etc., that is used. By comparison, the Convention Center charges a turnkey rate that is easier to administer and for the customer to understand, and keeps customers from feeling as if they are being nicked financially at every turn.

Staff has crafted a proposal that will ensure the Convention Center remains the community’s most cost-effective venue option while generating more revenue that will help maintain, operate and support the facility. The proposal is as follows:

• Large Meeting Room: Non-commercial non-fundraiser rates that apply to private events would increase to $500 for 1/3 of the ballroom, $1,000 for 2/3 and $1,500 for the full space. That equates to increases of $100, $200 and $300, respectively.

Non-commercial fundraiser rates that apply to events such as non-profit dinners and banquets would increase to $550 for 1/3 of the ballroom, $1,100 for 2/3 and $1,650 for the full space. Again, that equates to increases of $100, $200 and $300, respectively.

Also, Saturday bookings in the Large Meeting Room would require use of the full room. This is an effort to maximize revenues on the highest-demand day for the highest-demand space. Staff is convinced we can easily find customers willing to rent the full space on Saturdays.

• North Meeting Room: The North Meeting Room is the Convention Center’s second-most popular space because of its amenities: a wide-ope layout, direct access to restrooms, direct egress outside, proximity to the kitchen, and board room paneling. Rates for the room would rise to $200 for 1/3 of its use, $400 for 2/3 and $600 for the full space. That equates to increases of $50, $100 and $1500, respectively.

Half-day rates would increase to $125 for 1/3 of the ballroom, $250 for 2/3 and $300 for the full space. The first two rates are higher than exactly half of the full day rate so the half-day rates in the upstairs rooms, which offer fewer amenities, are slightly less.

• Kitchen: We have allowed private users limited use of the kitchen, but rarely do those users leave it in the same condition in which they found it. This proposal includes a $100 kitchen fee for anyone other than City-approved caterers who use the kitchen. This would include access to ice, RO water, refrigerators, warmers and food preparation tables; cooking would not be allowed.

Staff is not proposing any changes to convention rates. We do not want to do anything that will diminish San Angelo’s competitiveness for attracting conventions that boost the local economy. Those events also contribute more hotel occupancy taxes to Civic Events than to private events and fundraisers.

Financial Impact: The recommendation to require full rentals on Saturdays in the Large Meeting Room in 2011 would have generated an additional $5,600 in revenue under the current rates. That figure rises to $7,000 if the proposed rates are applied. Those figures represent 5.1% and 6.4% of budgeted revenue, and 4.2% and 5.6% of actual revenue. (Of the 46 Saturday ballroom rentals in 2011, 10 used either 1/3 or 2/3 of the room, equating to 22% of the rentals using less than the full space.)

As of June 7, 48 of the 52 Saturdays in 2012 have been booked in the Large Meeting Room. (This figure changes weekly as events are dropped and added.) Of those, three have booked 2/3 of the space and five have booked 1/3 of the room; that equates to 17% of Saturday rentals using less than the full space. Applying current rates, $5,200 in revenue has been lost – 4.2% of budgeted revenue and 2.7% of projected revenue. If proposed rates are applied, the loss would be $6,500 or 5.2% of budgeted revenue and 3.4% of projected revenue.

Related Vision Item

(if applicable):

N/A


Staff recommends approval of the rental rate adjustments detailed above, effective Oct. 1. The Civic Events Advisory Board approved this proposal by a 4-2 vote. (Bob Banskter and Frank White voted against the proposal; Courtney Mahaffey was absent from the meeting.) Rita Carranco, owner of Celebraciones Bellas, which coordinates many of the weddings and quinceaneras in the Convention Center, told the Civic Events Advisory Board the venue is undervalued considering what lessees get for the price. She noted that quinceaneras typically cost $15,000-$25,000 and weddings more than that, and that a $300 increase in the venue will not, in her opinion, drive away business. If this recommendation is approved, the McNease Convention Center would remain the most affordable venue of its kind in West Texas and would still

offer the greatest value of any venue in San Angelo.

Attachments:

Presentation: PowerPoint

Publication: N/A


Carl White, Parks and Recreation Director, 234-1724

Approved by Legal: N/A

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

City of San Angelo Civic Events Division



From: Anthony Wilson, Civic Events Manager


Contact: Anthony Wilson, Civic Events Manager, 234-0014


Consideration of approving a new rental rate structure for Pecan Creek Pavilion and designating the resulting increased revenues for capital improvements at the facility.

Summary:

Demand for the use of Pecan Creek Pavilion continues to rise, as does the need to improve the facility. Staff is proposing a tiered rate structure in which weekday usage is less expensive than weekday usage, and individuals pay less than businesses. The increased revenue would then be designated specifically for capital improvements at Pecan Creek Pavilion.

History: The demand for Pecan Creek Pavilion has risen since the Civic Events Division assumed the booking, contract and event staffing for the facility in 2009. In an effort to ensure that the venue’s rental rate is not undervalued, that Civic Events’ administrative costs are covered, and that the pavilion can generate enough revenue to fund improvements to it, staff recently conducted an analysis of costs and of rates at similar facilities.

There is only one other lakeside property in San Angelo that is available for rental. Cain’s Cove, at 3338 Jaycee Road near Middle Concho Park, is a privately owned two-acre facility with a lakeside gazebo and patio, indoor and outdoor dance floors, seating for 200, a full kitchen and a dressing room. It rents for $3,350 from Friday morning through Sunday morning in the spring and summer. That does not include a sound system, linens, table settings, etc.

Pecan Creek Pavilion, 8455 Country Club Road, rents for $250 per day (8 a.m.-midnight). The only other costs are insurance, which ranges from $47.21 to $154.50, depending upon the event size and whether alcohol is served, and uniformed security at $30/hour for alcohol events.

The pavilion’s amenities include an indoor space with seating for up to 180, a full kitchen and private restrooms, a covered porch, boat ramp, a huge barbecue pit, picnic tables, a playground, sand and grass volleyball courts, outdoor restrooms, and horseshoe and washer pits.

Because of that wealth of amenities – and the low rental rates – the venue has been “loved to death.” Lake Operations, which maintains the facility, has identified more than $37,000 of needed repairs (including a new septic tank and the replacement of the perimeter fence) and nearly $10,000 in appliances that need to be replaced. That does not include the replacement of outdated playground equipment (at a cost of

about $75,000) and the planting of a treeline that could screen the facility from the neighborhood across the street (a $10,000 expense).

Pecan Creek Pavilion is a Water Department facility. While Lake Operations, which is funded by the water fund, provides the maintenance, Civic Events handles the booking, contracting and staffing of the facility. Civic Events is compensated at a rate of $45 for each booking.

Last year, Pecan Creek Pavilion generated $23,004 in revenue compared to $11,373 the year before Civic Events began administering the bookings in early 2009. (At that same time, the City Council raised the daily rate from $125 to $250.) Of the total FY11 revenue, Civic Events kept $5,860 to cover our costs. Civic Events has calculated its administrative costs – based upon two hours per event plus mileage -- at approximately $53.57 per booking.

Pecan Creek Pavilion is booked virtually every weekend from early spring through late fall. (As of June 7, the next available Saturday was in November.) Anecdotally, Lori Davila, who handles the contracting for the venue, says no one ever complains about the price.

Last year, the pavilion generated 79 rentals. Of those, 56 were by individuals and 23 by businesses. All but 12 of the 2011 rentals were on Fridays-Sundays. As of June 7, we have had 89 rentals/bookings this year, all but nine of which are on the weekends.

Staff has crafted a rate structure based upon user types (individuals vs. business) and when the usage of the facility occurs (high-demand weekend days vs. low-demand weekdays). Thus, weekday uses by families would pay the lowest rate (the current price of $250 per day) while businesses would pay the highest rate for weekend usage.

Financial Impact: Currently, there are no expense accounts in either the Water Fund or the Lake Operations budgets related specifically to Pecan Creek Pavilion. That will change in the FY13 budget when expense accounts designated solely for the pavilion will be established. Once that’s done, we will have a concrete understanding of the facility’s costs in future years.

Lake Operations estimates direct operating and maintenance costs of $7,500 annually, which mainly covers supplies. Utilities cost another $3,000. The seasonal employee who staffs events costs about $1,000 per year. Civic Events’ administrative costs and mileage are about $5,000 per year. Additionally, the estimated 882 man-hours that Lake Ops spent maintaining the venue last year (mostly grounds-keeping) represents an indirect cost of approximately $18,000. All totaled, those direct and indirect costs add up to about $34,500.

Last year, the venue generated $23,004 in revenue – a deficit of about $11,000. Of that, Civic Events recouped $5,860 of its costs.

If the proposed rates were applied, the venue would have generated an additional $10,150 in FY11. If the new rates were applied to this year’s bookings to date, they would generate another $9,250.

Related Vision Item

(if applicable):

N/A

Other Information/ Staff recommends the following rate structure:

Recommendation: • Individual/family use Mondays-Thursdays $250

• Individual/family use Fridays-Sundays $350

• Business use Mondays-Thursdays $400

• Business use Fridays-Sundays $500

The proposed rate structure would allow price-conscious families to rent the venue for the current rate on weekdays, which could increase weekday rentals. The structure also would generate more revenue on the highest-demand days of Fridays, Saturdays and Sundays.

In her draft of the Parks, Recreation and Open Space Master Plan, Lauren Shrum of Texas Outdoors Consulting writes, “A facelift to the facility is needed and more competitive rental rates should be implemented.”

Further, we would propose that Civic Events recover $65 from each rental for administrative costs, up from $45. This would ensure all of Civic Events’ costs are covered and generate a slight amount of revenue for the service provided to the Water Department in administering the bookings, contracting and events.

The Civic Events Board, in approving staff’s recommendation by a 6-0 vote (board member Courtney Mahaffey was absent from the meeting) on May 31, the Board also recommended that the increased revenue generated by higher rental rates be designated only for capital improvements at the facility. Staff also endorses that idea, which will ensure a reinvestment in the pavilion.

Attachments:


Publication: N/A


Carl White, Parks and Recreation Director, 234-1724

Will Wilde, Water Utilities Director, 657-4209

Shane Kelton, Assistant Director of Operations, 234-7285


City of San Angelo



From: Morgan Trainer, Budget Manager


Contact: Morgan Trainer, 653-6291


Discussion of the 2012-2013 budget and any action in connection thereto.

Summary:

We will begin discussions of the fiscal year 2012-2013 budget. We will review the budget calendar, budget processes, and the general economic climate.

In order to prepare the 2012-2013 budget in accordance with Council’s goals and priorities, it is necessary to begin budget discussions now.

History: None

Financial Impact: None at this time

Related Vision Item

(if applicable):

Financial Vision


None

Attachments: Budget Calendar


Publication: None


Michael Dane, Finance


2012-2013 Budget Preparation Calendar

june 19, 2012 agenda packet

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