june 5, 2012 agenda packet

City Council Agenda of 4 June 5, 2012

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

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

9:00 A.M. - Tuesday, June 5, 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. 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

D. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the May 15, 2012 and May 22, 2012 City Council Regular and Special meeting minutes, respectively

2. Consideration of awarding bid WU-04-12 for Water Reclamation Polymer to Ashland, Inc. (Covington, KY) in the amount of $150,150.00 and authorizing the Interim City Manager or his designee to execute any necessary related documents

3. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax Lots:

a. 630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T b. 737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T c. 2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T d. 219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-

06-0124-T


4. Consideration of adopting 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

5. Consideration of approving a residential lease renewal, at Lot 18, Group Red Bluff, 2810 Red Bluff Road (Benetich); and authorizing the Water Utilities Director to execute the same

6. Consideration of authorizing the San Angelo Fire Department to apply for an Economic Development Administration (EDA) Grant up to 1.5 million dollars with a matching portion of 20 percent; and, if accepted, authorizing the Interim City Manager to sign and execute all related documents

7. Consideration of adopting 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

8. Consideration of adopting 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

9. 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

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 551.074 (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee

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

Addendum


G. PUBLIC HEARING AND COMMENT

10. First Public Hearing and consideration of 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

(Presentation by Planning Manager AJ Fawver)

11. 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

(Presentation by Planning Manager AJ Fawver)

12. Consideration of matters related to the construction of new livestock building:

a. Consideration of adopting 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

b. Consideration of authorizing staff to redevelop and re-issue a request for bids for the construction of a new livestock building at the San Angelo Fairgrounds

(Presentation by Civic Events Manager Anthony Wilson)

13. Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Interim City Manager to execute said agreement

(Presentation by Parks and Recreation Director Carl White)

14. Discussion and possible action on matters related to the landfill and related items:

a. Consideration on rates for residential garbage collection, commercial garbage collection, and landfill gate fees

b. Consideration of authorizing a pilot program utilizing rollout carts for trash collection c. Consideration for in-kind support for Keep San Angelo Beautiful to perform the Great American

Cleanup on June 16th, 2012 at the San Angelo Coliseum d. Consideration on future combined city cleanup efforts

(Presentation by Assistant Operations Director Shane Kelton, Republic Services Municipal Services Manager Robert Searls, and Code Compliance Manager James Flores)


15. 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 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

(Presentation by Interim City Manager Michael Dane)

Consideration of matters related to the Economic Development Administration (EDA) Grant:

a. Consideration of authorizing 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;

b. Consideration of authorizing an equal match of funds to be dedicated from the General Fund reserves in the amount of $1.5 million;

c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees; d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related to said

grant

(Presentation by Fire Chief Brian Dunn)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

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

17. Discussion and possible action for City Council to direct staff to develop a request for proposal for a lease of property located at 8926 Hangar Road

18. Announcements and consideration of Future Agenda Items

19. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, May 31, 2012, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

Addendum

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

WHEREAS, We in West Texas have experience one of the most severe years of

drought this past year, which has affected all the surrounding nature, and reduced the water supply; and

WHEREAS, We have constantly been offering our prayers of humble petition to

our God for more rain in our area; and WHEREAS, Our prayers have been answered in the first few months of this

year with abundant rainfall; and WHEREAS, We are still in need of much more rain; and WHEREAS, We all realize that we need to be grateful for the heavenly gift we

have received, and recognizing how much God appreciates grateful hearts and will even do greater things in our lives when we are grateful;

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare proclaim Sunday, June 10th as a

“DAY OF PRAYER OF THANKSGIVING TO OUR GOD FOR THE RECENT RAINS”

And ask that our prayers of thanksgiving be offered to our God in homes, and in all places of worship. Furthermore, it is a joy to proclaim Sunday, June 10th as a Day of Prayer of Thanksgiving for the good abundant rains we have received, and to ask our God for more heavenly moisture.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5th day of April, 2011.

THE CITY OF SAN ANGELO

___________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 475 Tuesday, May 15, 2012 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 15, 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, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Rev. Bryan Elliott of Johnson St. Church of Christ and pledge was led by Calvin James, 8th Grader at Trinity Lutheran School.

PROCLAMATION AND RECOGNITIONS

“Mental Health Month in San Angelo, May 2012,” was accepted by Melinda Martin, President of National Alliance on Mental Illness (NAMI) of the Concho Valley

Participants of the Lincoln Neighborhood Blitz for their generosity of supplies, equipment, time, and leadership: City Employees, ASU football team, Goodfellow AFB students and staff, Junior League of San Angelo, and West Texas Organizing Strategy member churches, Habitat for Humanity, Valspar, Sherwin Williams, Arctic Glacier, and City of San Angelo Development Corporation

City of San Angelo Employees for raising $98,799.08 for the 2011 United Way Campaign, for receiving the United Way Team award for creative fundraising, and the United Way Hall of Fame award for the amount of contributions; was accepted by loaned executives Morgan Trainer, Budget Manager, James Flores, Code Enforcement Manager, and Todd Dornhecker, Police Department Sergeant.

PUBLIC COMMENT

Councilmember Morrison announced the dedication of the Lake View Heroes Drive on May 22, 2012 at 10:00 a.m.

Councilmember Silvas requested clarification on item 6

Water Utilities Director Will Wilde noted the recent rains produced sufficient runoff into the local lakes developed water sources of more than an 18 months supply. Therefore he stated the City’s Water Conservation designation would revert from Drought Stage Level II, as previously adopted on April 17, 2012, to Level I.

NoAH Project representative announced and invited City Council and the public to their ground breaking ceremony for NoAH Estates a new single-family rental home development in the Blackshear Neighborhood Revitalization area, at 10:30 a.m., on Wednesday, May 16, 2012 a new single-family rental home development in the Blackshear Neighborhood Revitalization area, at 10:30 a.m.

Citizen Jim Ryan commended management and staff for their immediate action on the repair work on ???

Minutes Vol. 103 May 15, 2012

CONSENT AGENDA

APPROVAL OF THE MAY 1, 2012 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID RFB NO: PK-02-12/IRRIGATION CONTROLS FOR CENTRAL CONTROL IRRIGATION SYSTEMS TO JOHN DEERE LANDSCAPES FOR THIRTEEN (13) RAIN MASTER CONTROL SYSTEMS/COMPONENTS IN THE AMOUNT OF $66,161.25 AND TO ALL-TEX IRRIGATION AND SUPPLY FOR FOURTEEN (14) NETAFIM MASTER VALVES IN THE AMOUNT OF $16,146.60 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

AWARD OF BID WU-05-12 FOR THE HICKORY BOOSTER PUMP STATION AND WELL FIELD TO ARCHER WESTERN CONSTRUCTION, L.L.C. NOT TO EXCEED AN AMOUNT OF $12,853,000.00, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER, HIS DESIGNEE, OR WATER UTILITIES DIRECTOR TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS

ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND AMENDMENT TO CONTRACT FOR, AND ACCEPTING, ADDITIONAL FY2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT FUNDS IN THE AMOUNT OF $15,758.00, TO CARRY OUT THE CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS, AND OBLIGATING THE CITY TO MATCH ELEVEN PERCENT, NOT TO EXCEED $1,751.00 (ANNEX A, PAGE 483, RESOLUTION #2012-05-058R)

ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING ADDITIONAL FY2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS) GRANT FUNDS IN THE AMOUNT OF $28,015.12, TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (ANNEX B, PAGE 485, RESOLUTION #2012-05-059R)

APPROVAL OF AN APPOINTMENT TO MHMR SERVICE FOR THE CONCHO VALLEY BOARD OF TRUSTEES RECOMMENDED BY LIAISON REPRESENTATIVE COMMITTEE

ADOPTION OF A RESOLUTION DENYING A RATE INCREASE REQUESTED BY ATMOS ENERGY CORPORATION ON OR ABOUT JANUARY 31, 2012; DETERMINING THAT THE MEETING COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT (ANNEX C, PAGE 487, RESOLUTION #2012-05-060R)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX D, PAGE 489, ORDINANCE #2012-05-061)

Z 12-03: DANIEL ANDERSON

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 320 West 26th Street, approximately 650 feet east from the intersection of North Bryant Boulevard and West 26th Street, more specifically occupying H.O. Byrd Subdivision, the west 128 feet Lot 23 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes Page 477 May 15, 2012 Vol. 103

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (ANNEX E, PAGE 491, ORDINANCE #2012-05-062)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

APPROVAL OF A $7,000.00 CONTRIBUTION TO THE CONCHO VALLEY TRANSIT DISTRICT TO PROVIDE LOCAL MATCHING FUNDS FOR CREATION OF A NEW BUS ROUTE TO SERVE GOODFELLOW AIR FORCE BASE AND MAJOR RETAIL AND ENTERTAINMENT DESTINATIONS

Motion, to approve the Consent Agenda, with the exception of SESCO, repeal of Resolution establishing an enforcement policy, and Z-12-04 items, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF MATTERS RELATED TO THE PLACEMENT OF RESTRICTIVE COVENANTS ON CERTAIN AREAS OF STREETS AND ALLEYS WITHIN AN AREA DESIGNATED FOR ENVIRONMENTAL CLEANUP OF SHALLOW GROUNDWATER RESULTING FROM INDUSTRIAL POLLUTION

· ADOPTION OF A RESOLUTION SUPPORTING THE REMEDIATION EFFORTS OF THE SESCO SITE WORKING GROUP AT THE FORMER SAN ANGELO ELECTRIC SERVICE COMPANY FACILITY IN SAN ANGELO TEXAS (ANNEX F, PAGE 495, RESOLUTION #2012-05-063R)

· ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LETTER AGREEMENT WITH TETRA TECH CONCURRING WITH THE MONITORING OF SHALLOW GROUND WATER AND TO NEGOTIATE AND EXECUTE RESTRICTIVE COVENANTS TO BE PLACED INTO DEED RECORDS PROHIBITING EXPOSURE TO GROUNDWATER RELATING TO PORTIONS OF THREE PARCELS OF REAL PROPERTY OWNED BY THE CITY LOCATED AT OR ABOUT NORTH BROWNING AND PULLIAM STREETS; NORTH BAZE AND UPTON STREETS, AND THE ALLEY FROM NORTH BAZE STREET EAST TO THE TEXAS PACIFICO RAILROAD RIGHT OF WAY (ANNEX G, PAGE 478, RESOLUTION #2012-05-064R)

AEP representative Fred Hernandez presented background information.

Motion, to adopt the Resolutions, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.

ADOPTION OF A RESOLUTION TO REPEAL A RESOLUTION ORIGINALLY ADOPTED APRIL 4, 2006 AND LATER AMENDED OCTOBER 31, 2006 ESTABLISHING AN ENFORCEMENT POLICY FOR ORDINANCES PROHIBITING PUBLIC NUISANCES SUCH AS GARBAGE, WEEDS, JUNK, AND UNSANITARY CONDITIONS (ANNEX H, PAGE 499, RESOLUTION #2012-05-065R)

Code Enforcement Manager James Flores presented background information.

Councilmember Morrison expressed his concerns of repealing the resolution, specifically noting Council has vetted the process and discovered this process as the most feasible and fair when working with the public.

Councilmember Adams spoke in support of the repeal of the resolution.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer.

Further discussion was held on adding language regarding the extension provision provided by staff.


A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX I, PAGE 501, ORDINANCE #2012-05-066)

Z 12-04: CLAUDIA PEREZ

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 2687 & 2695 Armstrong Street, approximately 400 feet south from the intersection of Armstrong Street and East 28th Street. More specifically occupying the Lewis Subdivision, Block 1, Lots 3 & 4 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Councilmember Morrison expressed his concern on rezoning the neighborhood to GC and suggested leaving the district as currently zoned, or at least Neighborhood Commercial (CN) in order to prohibit certain types of vehicle service repair in this area.

Motion, to adopt the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

RECESS

At 10:09 A.M., Mayor New called a recess.

RECONVENE

At 10:21A.M., Council reconvened, and the following business was transacted:

PRESENTATION OF THE 1ST QUARTER 2012 REPORT FROM THE CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COUNCIL AND THE CONVENTION & VISITORS BUREAU (CVB)

CVB Vice President Pamela Miller, and Vice President Marketing & Recruitment for Economic Development John Dugan presented background information.

General discussion was held on the loss of conventions due to lack of a full service hotel in San Angelo, recent and completed renovations to the full service hotel, reasons local hoteliers do not offer the service, and questions regarding the incorrect entry reported as a Political Action Committee (PAC) donation for $350.

DISCUSSION AND DIRECTION TO STAFF TO NEGOTIATE A CONTRACT FOR THE SUB-DISTRICT PLANNING DOCUMENT AS OUTLINED IN CED 05-11 FOR LAKE NASWORTHY

Planning Manager AJ Fawver and Scott Polikov, AICP, CNU, Gateway Planning Group, and Dan ???, presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the time frame for return on investment, opportunities, gateways, insuring plan is in line with the City’s current vision, example of current and past projects, and potential strong development plans. Council recognized the planning document was an expensive project and spread over two years. Discussion was held on marketing the city and to carve out ways to attract people, showcasing the local water


resources by truly developing and increasing the economic development; investing in the process similar to the downtown area investments. Interim City Manager Michael Dane explained the project cost was $298K and the funding source would be allocated from the sale of lake properties. The Lake Nasworthy trust fund and City are allowed to use 90% of the investment for improvements in and around the lake. $840K remains in the investment income and these monies provide the least impact to the tax payers. Council directed staff to move forward and negotiate a contract. Public comments were made by former San Angelo resident Reed Donaldson. DISCUSSION AND AUTHORIZATION FOR STAFF TO NEGOTIATE AN ADDENDUM TO THE HOLMES-MURPHY & ASSOCIATES CONTRACT WITH THEIR AFFILIATE COMPANY, ACAP HEALTH, FOR CLINICAL CARE ENGINEERING (CCE) SERVICES FOR THE HEALTH INSURANCE PROGRAM Human Resources Director Lisa Marley, Holmes Murphy Representative Jared Wills, and ACAP Health Representative David Toomey presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on THE plan savings, improvements, and the financial impact being based on the amount of savings produced by the company. Motion, to authorize staff to negotiate an addendum and present at a future meeting, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. ADOPTION OF A RESOLUTION NOMINATING ETHICON, INC. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT (ANNEX J, PAGE , RESOLUTION #2012-05-067R) Community and Economic Development Director Shawn Lewis and Ethicon Plant Manager Ray Gonzales presented background information. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.

RECESS

At 12:14 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:43 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; 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 1:02 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:


RECESS

At 1:02 P.M., Mayor New called a recess.

RECONVENE

At 1:09 P.M., Council reconvened, and the following business was transacted:

DISCUSSION ON MATTERS RELATED TO THE HICKORY WATER SUPPLY PROJECT, WATER TREATMENT OPTIONS, AND THE PROJECT ANNUAL PRODUCTION RATE/CAPACITY

Water Utilities Director Will Wilde and Carollo Engineering representative Hutch Musallam presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the completion schedule, required pipe testing throughout the project, issues related to the water treatment options, design compliance, complexity of the funding approval requirements from the Water Board, and related cost with the specific treatment options.

Councilmember Farmer left the meeting at 1:47 p.m. and did not return.

In consensus, Council agreed to review the recommended proposal and determine which option to select at a future meeting.

Public comments were made by Citizen Jim Ryan.

FIRST PUBLIC HEARING AND FAILURE OF 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

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Councilmember Morrison spoke in opposition of the proposed ordinance.

City Attorney Lysia Bowling explained the proposed action under consideration is protected under the legislative body’s governing powers and under the purview to protect the health and safety of nuisances.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander.

General discussion was held on staff’s practicability to enforce the ordinance, exceptions under the proposed ordinance, and a general history of how the width of streets was dictated.

Public comments were made by Citizen Jim Ryan and Jim Turner. Councilmember Morrison read a letter from constituent Mike Glaspe. A copy of the letter is part of the Permanent Supplemental Minute record.

A vote was taken on the motion on the floor. AYE: New, Alexander and, Adams. NAY: Hirschfeld, Morrison, and Silvas. Motion failed 3-3.

Councilmember Morrison left the meeting at 3:27 p.m. and did not return.

UPDATE ON AND DISCUSSION OF CITY AUDITORIUM RENOVATIONS


Civic Events Manager Anthony Wilson presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

San Angelo Performing Arts Coalition representative Matt Lewis explained the reason why some donors will not fund a project once a project has been started.

In conclusion, Mr. Wilson advised further renovations will be delayed until the San Angelo Performing Arts Coalition completes their fundraising efforts so all renovations can occur at one time.

FIRST PUBLIC HEARING AND INTRODUCTION 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

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

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

DIRECTION TO STAFF TO PRESENT FINDINGS OF OTHER CITIES SOLID WASTE COLLECTION AND LANDFILL OPERATIONS

Operations Director Ricky Dickson presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the types of services available, comparable cities, automated services, recycling services, increased costs in service, and interest for such services. Council directed staff to present data for comparison with other cities to make an informed decision.

POSTPONEMENT OF A VARIANCE TO THE CITY OF SAN ANGELO WATER CONSERVATION AND DROUGHT CONTINGENCY ORDINANCE (ARTICLE 11.200; SECTION 11.202; SUBSECTION 8) (ARTICLE 11.200; SECTION 11.203; SUBSECTION D; PART 2A) (ARTICLE 11.200; SECTION 11.203; SUBSECTION E; PART 2A) REGARDING WATERING FREQUENCY/SCHEDULES FOR CITY PARKS AND SPORTS FIELDS, SANTA FE GOLF COURSE, AND FAIRMOUNT CEMETERY

City Council suggested postponing the item to the next regular meeting.

POSTPONEMENT OF 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 City Council suggested postponing the item to the next regular meeting.


POSTPONEMENT OF DISCUSSION AND UPDATE ON MATTERS RELATED TO THE BOARDS & COMMISSIONS CONSOLIDATION

City Council suggested postponing the item to the next regular meeting.

FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session.

CONSIDERATION OF FUTURE AGENDA ITEMS

Interim City Manager Michael Dane distributed the proposed June 5, 2012 Agenda and solicited Council comments and suggestions.

Consideration of today’s meeting postponed items.

Further discussion on Hickory Water Supply Project at the special City Council meeting on May 22, 2012.

ADJOURNMENT

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

The meeting adjourned at 4:22 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-J 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 COUNCIL MINUTE RECORD The City of San Angelo Page 505 Tuesday, May 22, 2012 Vol. 103 OPEN SESSION BE IT REMEMBERED City Council convened in a special meeting at 1:00 P.M., Tuesday, May 22, 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, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Councilmember Adams and pledge was led by Mayor New.

PUBLIC COMMENT

No one came forward to comment publicly.

SPECIAL AGENDA

ADOPTION OF AN ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD MAY 12, 2012 (ANNEX A, PAGE 507, ORDINANCE #2012-05-068)

AN ORDER CANVASSING RETURNS OF A GENERAL ELECTION HELD FOR THE PURPOSE OF ELECTING CANDIDATES TO THE OFFICE OF THE CITY COUNCIL AND CHIEF OF POLICE OF THE CITY OF SAN ANGELO, TEXAS, FOR AN ELECTION HAVING BEEN HELD ON MAY 12, 2012; DECLARING RESULTS OF THAT ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE

Mayor New and City Clerk Alicia Ramirez presented background information. Mayor New read the results into the record.

ADMINISTRATION OF OATHS OF OFFICE FOR SINGLE MEMBER DISTRICT REPRESENTATIVES 1, 3, 5, AND CHIEF OF POLICE AND PRESENTATION OF CERTIFICATES OF ELECTION

City Clerk Alicia Ramirez administered the oaths and Mayor New presented the Certificates of Election.

Public comment was made by Citizen Jim Ryan and Bill Tyron.

INTRODUCTION OF SPECIAL GUESTS

APPOINTMENT OF COUNCILMEMBER SILVAS AS MAYOR PRO-TEMPORE FOR THE 2012 CITY COUNCIL

Councilmember Silvas nominated Councilmember Morrison. Mayor New suggested nominating a Council Member that has not previously held the appointment.

Councilmember Farmer nominated Councilmember Silvas and Mayor New seconded the nomination.

Motion, to appoint Councilmember Silvas as Mayor Pro-Tempore, was made by Councilmember Farmer and seconded by Mayor New. Motion carried unanimously.


PUBLIC HEARING AND COMMENT

AUTHORIZATION TO UTILIZE THE ION EXCHANGE TREATMENT AS THE WATER TREATMENT OPTION FOR THE HICKORY WATER SUPPLY PROJECT, AND REVIEW OF THE PROJECT ANNUAL PRODUCTION RATE/CAPACITY

Carollo Engineering representative Hutch Musallam presented background information. Continue the discussion from last week. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the total cost and bond monies for the project, types of treatments in relation to cost for the treatment and amount of bond; 18 month construction timeline which began 8/23/11 and project is on target, (a copy of the project schedule was distributed and is part of the Permanent Supplemental Minute Record); ion exchange cost lower in comparison to reverse osmosis (RO) treatment, but offers fewer non-essential features; acquisition of right-of-ways, RO treatment more upfront cost, but cheaper over a 30 year period; 10% more water with ion exchange versus RO treatment; and diluting the water in relation to the added radioactive water.

Motion, to authorize the ion exchange process, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.

Public comment was made by Bill Tyron, Former City Manager Stephen Brown, Ralph Philburn, David Lewis, Jim Ryan, and Jim Turner.

Further discussion was held on whether the City had entered into agreements with other parties which required regulates by the Environmental Protection Agency and whether the city should be regulated by EPA; possible exemptions; pre-existing pipelines and rules regulating at the time the pipeline was built; radiation readings by volume versus readings over a period of time, and conducting further radiation readings per minute.

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

ADJOURNMENT

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

The meeting adjourned at 2:36 P.M.

THE CITY OF SAN ANGELO ___________________________________

ATTEST: Alvin New, Mayor _______________________________ Alicia Ramirez, City Clerk Annex A 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: May 17, 2012

To: Mayor and Councilmembers

From: Tom Kerr, Assistant Director of Water Utilities

Subject: Agenda Item for June 5, 2012 Council Meeting

Contact: Tom Kerr, 657-4209

Caption: Consent Item

Consideration of award of bid for WU-04-12 Water Reclamation Polymer to Ashland, Inc.

Summary: Three (3) bids have been received for the supply of polymer to the water reclamation facility. The best bid for the product was submitted by Ashland, Inc.

History: The polymer chemical facilitates the dewatering of sludge in the wastewater treatment process. The chemical helps remove water from the bio-solids allowing the material to be dried and transferred to the composting site for final stabilization. The City has been using these chemicals at the Water Reclamation Facility since 1994.

Financial Impact: Budgeted in the wastewater fund for an estimated annual expenditure of $150,150.

Related Vision Item

N/A

Other Information/ Recommendation:

Polymer chemicals are evaluated based on the amount of material required to dewater a set volume of solids. The best bid is then determined by the projected overall annual cost.

It is recommended the bid from Ashland, Inc. (Covington, KY) be accepted.

Attachments: Bid Tab

Presentation: None

Publication: N/A

Reviewed by Service Area

Will Wilde, Water Utilities Director, May 17, 2012.

Director:

Memo Date:

To: Mayor and Council Members

May 3, 2012

From: Roger Banks, Purchasing Manager, 657-4220

From: Diana Farris, Property Manager, 657-4212



Consideration of adopting Resolutions authorizing the Mayor to execute Deeds authorizing sale of Tax Lot(s): 630 E 35th Street, (Graciano), Lot 15, Block 2, Goren Addition, $1,300, Suit No. B-04-0043-T 737 San Jacinto Street, (Espinoza), Lot 9, Block 4, Ben Ficklin Addition #2, $1,300, Suit No. B-07-0042-T 2502 Waco Street, (Perales), Lot 12, Block 61, Hatcher Addition, $3,388, Suit No. B-05-0152-T 219 W Avenue W, (Rangel), E 60’ of W 604’ of Block 3, Fort Concho Vista Addition, $1,400, B-06-0124-T

Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities.

History: Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis)

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Properties will be reinstated back onto tax roll.

Other Information/Recommendation: All property(s) are unimproved parcels. No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolutions, Tax-Resale Deeds, and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Michael Dane, Finance Director

City of San Angelo

y:\council\electronic agendas\2012\06-05-12\pur - tax lots\630 e 35th street, (graciano)\resolution.doc

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell a parcel of land situated within the city limits of the City of San Angelo, said parcel being described as follows:

Lot 15, Block 2, Goren’s Subdivision, an Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 431, Page 651, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Volume 1243, Page 273, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to JOSE F. AND JOSEPHINE E. GRACIANO, a married couple, for the consideration of One Thousand Three Hundred and 00/100 Dollars ($1,300.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor

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

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

Tax-Resale Deed (Property Sold for Less than Adjudged Value or Judgment)

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

for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jose F. Graciano and Josephine E. Graciano, husband and wife 309 W. Ave. L San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 15, Block 2, Goren’s Subdivision, an Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 431, Page 651, Deed Records of Tom Green County, Texas. Acct. #14-25500-0002-015-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on May 11, 2005, in

Cause No. B-04-0043-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 17, 2005, and recorded in Volume 1243, Page 273, Official Public Records of Real Property, Tom Green County, Texas.

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

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

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.

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

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

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

ATTEST: By: ____________________________ Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded: 6 1/2 years

Adjudge Value: 2,921.00$

Amount of Offer: 1,300.00$

Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee 350.00$ 350.00$ 0.00% 350.00$

Maintenance Fee -$ 0.00% -$

District Clerk 299.00$ 299.00$ 0.00% 299.00$

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

Attorney Fee 332.00$ 332.00$ 0.00% 332.00$

Municipal Liens -$ 0.00% -$ -$

Taxes 9,516.98$ 100.00% 219.00$ 219.00$

Total 1,081.00$ 9,516.98$ 1,081.00$ 100.00% 219.00$ 1,300.00$

Actual Total Amt Due 10,597.98$

Amount Remaining 219.00$

PROPERTY ANALYSISFor Tax Resale Property

September 13, 2005

59' x 125'

Offer will satisfy the court cost and a portion of the taxes and liens.

Amounts Due

May 11, 2005

Lot 15, Block 2, Goren's Subdivision, an Addition to the City of San Angelo, TomGreen County, Texas, as described in Volume 431, Page 651, Deed Records of TomGreen County, Texas.

B-04-0043-T

630 E 35th Street

Unknown Heirs of Claude Lovette, deceased

14-25500-0002-015-00

Unimproved

October 18, 2005 Years Held in Trust

Lot 15, Block 2, Goren's Subdivision630 E 35th Street 59' x 125'

Copyright 2011 Esri. All rights reserved. Thu May 3 2012 01:47:04 PM.

y:\council\electronic agendas\2012\06-05-12\pur - tax lots\737 san jacinto street, (espinoza)\resolution.doc




Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in Office of the County Clerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from Charles Poulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408, Page 214, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 684004, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to IGNACIO C. & ELIZABETH S. ESPINOZA, a married couple, for the consideration of One Thousand Three Hundred and 00/100 Dollars ($1,300.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor





for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Ignacio C. Espinoza and Elizabeth S. Espinoza, husband a wife 730 Antonio Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from Charles Poulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408, Page 214, Deed Records of Tom Green County, Texas. Acct. #03-14000-0004-009-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 15, 2008, in


all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 22, 2010, and recorded in Instrument Number 684004, Official Public Records, Tom Green County, Texas.



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

not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

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

value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.






Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:


Sheriff's Deed Recorded: 2 yrs






District Clerk 333.00$ 333.00$ 0.00% 333.00$

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

Attorney Fee 365.00$ 365.00$ 0.00% 365.00$


Taxes 964.83$ 100.00% 152.00$ 152.00$

Total 1,148.00$ 964.83$ 1,148.00$ 100.00% 152.00$ 1,300.00$




January 29, 2010

50' x 139'


Amounts Due

October 15, 2008

Lot 9, Block 4, Ben Ficklin Addition Number 2, an addition to the City of San Angelo, TomGreen County, Texas, according to the map or plat thereof recorded in Office of the CountyClerk of Tom Green County, Texas, and described in deed dated August 29, 1959 from CharlesPoulter and Sons, Inc., to O.S. Williams and wife Doris Williams, recorded in Volume 408,Page 214, Deed Records of Tom Green County, Texas.

B-07-0042-T

737 San Jacinto Street

O. S. Williams, deceased

03-14000-0004-009-00

Unimproved

March 25, 2010 Years Held in Trust

Lot 9, Block 4, Ben Ficklin Addition737 San Jacinto Street 50' x 139'

Copyright 2011 Esri. All rights reserved. Thu May 17 2012 09:47:07 AM.

y:\council\electronic agendas\2012\06-05-12\pur - tax lots\219 w avenue w, (rangel),\resolution.doc




The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 185, Plat Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 678728, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to RAYNALDO R. RANGEL & MARY ELIZABETH RANGEL, a married couple, for the consideration of One Thousand Four Hundred and 00/100 Dollars ($1,400.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor





for itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Raynaldo R. Rangel and Mary Elizabeth Rangel, husband and wife 217 W. Ave W San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 185, Plat Records of Tom Green County, Texas. Acct. #13-23600-0003-012-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 14, 2009, in


all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678728, Official Public Records, Tom Green County, Texas.



Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

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

value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.






Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:


Sheriff's Deed Recorded: 2 1/2 years






District Clerk 333.00$ 333.00$ 0.00% 333.00$

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

Attorney Fee 540.00$ 540.00$ 0.00% 540.00$

Municipal Liens 3,048.41$ 53.49% 41.19$ 41.19$

Taxes 2,650.92$ 46.51% 35.81$ 35.81$

Total 1,323.00$ 5,699.33$ 1,323.00$ 100.00% 77.00$ 1,400.00$




October 2, 2009

60' x 64'


Amounts Due

January 14, 2009

The East 60.00 feet of the West 604.00 feet of Block 3, Fort Concho Vista Addition,Tom Green County, Texas, accroding to the map or plat thereof, recorded in Volume1, Page 185, Plat Records of Tom Green County, Texas.

B-06-0124-T

219 W. Avenue W

Donicio Cantu

13-23600-0003-012-00

Unimproved

November 3, 2009 Years Held in Trust

E 60' of the W 604' of Block 3, Fort Concho

Vista Addition219 W Avenue W 60' x 64'

Copyright 2011 Esri. All rights reserved. Tue May 15 2012 01:03:07 PM.


(Not Less Than Adjudged Value or Judgment)


Lot 12, Block 61, Hatcher Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 60, Page 120, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument No. 620703 of the Official Public Records of Real Property, Tom Green County, Texas; and, WHEREAS, the City Council, has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is greater than or equal to the market value specified in the Judgment of foreclosure or greater than or equal to the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to ESTHER PERALES, a single person, for the consideration of Three Thousand Three Hundred Eighty-Eight and 00/100 Dollars ($3,388.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


_______________________________ Alvin New, Mayor Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager


Tax-Resale Deed

(Property Sold for Not Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, San Angelo Independent School District and County Education District #9

P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Esther Perales, a single person 4106 Meadowlark Trail San Angelo, Tom Green County, Texas 76901 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 12, Block 61, Hatcher Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 60, Page 120, Deed Records of Tom Green County, Texas. Acct. #14-26900-0061-012-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 22, 2006 in


all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 20, 2006, and recorded in Instrument Number 620703, Official Public Records, Tom Green County, Texas.


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

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

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

Grantor is selling the Property to Grantee for an amount that is not less than the lesser of (1) the market

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






Legal Description:Improved/UnimprovedTax Suit Number:Location:Parcel Size/Dimensions:City of San Angelo vs.Tax ID Number:Judgment Date:Date of Sheriff's Sale:Sheriff's Deed Recorded: 1 3/4 yr

Adjudge Value: 1,663.00$ Amount of Offer: 750.00$




District Clerk 366.00$ 366.00$ 22.01% 88.03$ 366.00$

Sheriff's Fee 100.00$ 100.00$ 6.01% 24.05$ 100.00$

Attorney Fee 265.00$ 265.00$ 15.94% 63.74$ 265.00$


Taxes 932.00$ 0.00% -$

Total 350.00$ 1,663.00$ 731.00$ 43.96% 175.83$ 1,081.00$



601 Antonio Street


Lot 9, Block 4, Arroyo Addition, City of San Angelo, Texas, according to the map or UnimprovedB-07-0118-T

Purchased under Urban Redevelopment Program

Amounts Due


63' x 130'Elizabeth Tarin02-11900-0004-009-00February 20, 2009July 2, 2001August 13, 2010 Years Held in Trust

Lot 112, Block 61, Hatcher Addition2502 Waco Street 50' x 140'


Memo Date:

To: Mayor and Council Members

May 3, 2012

From: Roger Banks, Purchasing Manager, 657-4219

Contact: Diana Farris, Property Manager, 657-4212



Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot under the Urban Redevelopment Program: 601 Antonio Street, (Logan Enterprises, Inc), Lot 9, Block 4, Arroya Addition, Urban Redevelopment Program, Suit No. B-07-0118-T

Summary: The subject property was auctioned with no offers received. Subsequently, the property was struck off to the City as Trustee for itself and the other taxing entities. Amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis) History: Under the Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment. The CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, Tom Green County, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998. The City of San Angelo Family Support Division declares the LOGAN ENTERPRISES, INC meet the specified criteria outlined under the Urban Redevelopment Program.

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property will be reinstated back onto tax roll.

Other Information/Recommendation: The property is an unimproved parcel. No outstanding account balances exist for the above mentioned agency. Assist the City to meet its Urban Development Program goals and it is recommended that the above offer be accepted. Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Finance Director

City of San Angelo

y:\council\electronic agendas\2012\06-05-12\pur - tax lots sold under urban redevelopment\601 ant\resolution - urban redevelopment.docx


FOR THE PURPOSE OF URBAN REDEVELOPMENT

WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell certain parcels of land, situated within the city limits of the City of San Angelo, Tom Green County, State of Texas, said parcel being more particularly described as follows:

Lot 9, Block 4, Arroya Addition, City of San Angelo, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, Texas.

WHEREAS, said lot(s) have been held by the City of San Angelo, as Trustee, by virtue of Sheriff’s Tax Deeds, duly recorded in the Official Public Records of Real Property, Tom Green County, Texas; and WHEREAS, the Congress of the United States of America has authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, under the Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment; and WHEREAS, the CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, TOM GREEN COUNTY, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998; and

WHEREAS, the City of San Angelo Family Support Division authorizing the sale of the above described parcel and declares the agency mentioned below meet the specified criteria outlined under the Urban Redevelopment Program; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lots(s) for said amounts that are less than the lesser of the market values specified in the Judgments of foreclosure or the amounts of the judgments against said properties;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee, to execute Quitclaim Deed to the above described parcel to TR LOGAN ENTERPRISES, INC, a non-profit agency and qualified home builder, for the consideration of Seven Hundred Fifty and 00/100 Dollars ($750.00) per lot and the sale of each parcel, for the stated consideration is hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor

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


TAX RESALE DEED WITHOUT WARRANTY

STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS: COUNTY OF TOM GREEN §

THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom Green County, Texas, for the 119th Judicial District, in Cause No. B-07-0118-T in favor of City of San Angelo, et al., Plaintiff(s), against Elizabeth Tarin, et al., and any and all other persons, including adverse claimants, Defendant(s), on a certain judgment granted February 20, 2009, and directed and delivered to the Sheriff of Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) herein described to satisfy said judgment, the same being for taxes, penalties, interest, and costs due on the hereinafter described lands, together with interest thereon at the rate of ten percent per annum;

WHEREAS, said Sheriff did, on July 2, 2010, levy upon and advertise said premises as described in

said Order of Sale and on the first Tuesday in August, 2010, between the hours prescribed by law sold said hereinafter described property at public outcry in the County of Tom Green at the courthouse door thereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for the use and benefit of itself, Tom Green County, and San Angelo Independent School District, the original deed evidencing said sale being dated August 12, 2010, and recorded in Instrument Number 690717, in the Official Public Records of Tom Green County, Texas;

WHEREAS, said hereinafter described property is being sold for less than the adjudged value thereof

or the amount of the judgments against said property recovered in the above numbered and entitled cause, whichever is lowest; and

WHEREAS, the herein described property is being sold to be used for a purpose consistent with the

City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office of the City Clerk.

Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor, City

Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and in consideration of the sum of Seven Hundred Fifty Dollars ($750.00) cash to it in hand paid by T. R. Logan Enterprises, Inc., a Texas corporation, 2257 Hillside Drive, San Angelo, Tom Green County, Texas 76904, receipt of which is hereby acknowledged, grants, sells, and conveys unto said T. R. Logan Enterprises, Inc., a Texas corporation, its successors and assigns with the restrictions and upon the conditions and covenants below stated, all the right, title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows:

Lot 9, Block 4, Arroya Addition, City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, Texas. Acct. #02-11900-0004-009-00

TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto said T. R. Logan Enterprises, Inc., a Texas corporation, its successors, and assigns forever, without express or implied warranty. All warranties which might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded. However, this conveyance is expressly made on the condition that the property be used only for providing housing for families of low or moderate income, construction of such housing to be completed within three (3) years of the date of this Deed, such condition to be binding upon and to be observed by Grantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assigns shall have the right to terminate the estate granted herein and to re-enter and re-take said premises. This conveyance is also subject to the owner’s right to redeem same in the manner and within the time prescribed by V.T.C.A., Tax Code §34.21.

This conveyance is made expressly subject to recorded restrictive covenants running with the land and

valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose.

WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to by Alicia Ramirez, City Clerk, this the _____ day of _______________, 2012.

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

By: _____________________________ ATTEST: Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk

STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After recording return to: City Attorney’s Office

For Tax Resale Property:

Legal Description:

Improved/Unimproved:

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:


Sheriff's Deed Recorded:1 3/4 yrs.

YESAdjudge Value:

$1,663.00Amount of Offer:

$750.00

Priority % of Pro Rata Amounts

Fees Priority Judgment

Judgment Allocations Remainder Allocations Distributed

Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 366.00$ 366.00$ 50.07% 200.27$ 200.27$ Sheriff's Fee 100.00$ 100.00$ 13.68% 54.72$ 54.72$ Attorney Fee 265.00$ 265.00$ 36.25% 145.01$ 145.01$ Municipal Liens -$ 0.00% -$ -$ Taxes 932.00$ 0.00% -$ -$ Total $350.00 $731.00 $932.00 $1,081.00 $- $400.00 $750.00Actual Total Amt Due $2,013.00Amount Remaining $400.00

Lot 9, Block 4, Arroya Addition, City of San Angelo, Texas, according to the map or plat thereof, recorded in Volume 1, Page 427, Plat Records of Tom Green County, Texas

PROPERTY ANALYSIS

Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced

by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.

Unimproved

B-07-0118-T

601 Antonio Street

60' x 130'

Elizabeth Tarin

02-11900-0004-009-00

February 20, 2009

August 3, 2010

Amounts Due

August 13, 2010 Years Held in Trust

Urban Redevlopment Sale:

Lot 9, Block 4, Arroya Addition601 Antonio Street 60' x 130'


City of San Angelo



From: Will Wilde, Water Utilities Director

Subject: Consent Item for June 5, 2012 Council Meeting

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

Caption: Consideration of approving a residential lease renewal with Michael W. and Nancy S. Benetich, at Lot 18, Group Red Bluff, 2810 Red Bluff Road; and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2016 and they would like to execute a new 40 year lease for financing purposes.

History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2012-2015 $601 2016 Market Value New lease fees: 2012-2015 $601 2016-2052 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Benetich) Presentation: None.

Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 22, 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 Michael W. and wife, Nancy S. Benetich whose address is 11046 Twin Lakes Lane, 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 18, Group Red Bluff, 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 2810 Red Bluff Road).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2012 and ending September 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 October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2015 $601 For the Years 2016 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: Michael W. and Nancy S. Benetich 11046 Twin Lakes Lane 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)

Michael W. Benetich Nancy S. Benetich STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 20____ by Michael W. and Nancy S. Benetich.

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: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 06/05/12 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 Bobby and Karen Eggemeyer for awning use at 37 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

Summary: The applicants, Bobby and Karen Eggemeyer are requesting the issuance of a Street Use License for the use of a portion of the right of way in East Concho Avenue and South Oakes Street. The area to be licensed for their use is located immediately in front of and / or adjacent to their business at 37 East Concho Avenue, the business being Eggemeyer’s General Store.

History: Applicants have requested of staff information regarding permit requirements for a proposed awning to be located within the public right of way of East Concho Avenue above the sidewalk area adjacent to their property and being similar to the existing awning now located over the sidewalk in front of their business at 35 East Concho Avenue. The proposed area is located immediately in front of and / or adjacent to their business at 37 East Concho Avenue, the business being Eggemeyer’s General Store. The area is proposed to be covered by a an awning similar to that which currently exists at their business located at 35 East Concho Avenue immediately next door to the subject property. The proposed awning will effectively be an extension of the existing cover over the sidewalk to be affixed to the concrete sidewalk, and the building.

Financial Impact: None

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: Resolution , Map, Rendering, and Agreement

Presentation:

Publication:

Reviewed by Director:

Shawn Lewis

Approved by Legal:

THE STATE OF TEXAS § TOM GREEN COUNTY §

TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT THIS TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT,

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 BOBBY EGGEMEYER and KAREN EGGEMEYER, hereinafter referred to as “Licensees”, 35 E. Concho Avenue, San Angelo, Texas 76903.

WITNESSETH: 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 Licensees 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 East Concho Avenue and South Oakes Street sidewalk right-of-way described as follows: PARCEL A - the southerly twelve feet (12’) of the East Concho Avenue right of way beginning at the extended east line of Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, and extending westerly a distance of fifty feet(50’) +/-, and PARCEL B - the westerly twelve feet (12’) of the South Oakes Street right of way beginning at the extended north line of said Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, extending southerly a distance of ninety four feet (94’) +/- along the west boundary of said street right-of-way, and Parcel C – a triangular parcel formed by the east line of Parcel A above, the north line of Parcel B above and a line connecting the northeast corner of said Parcel A with the northeast corner of said Parcel B, and comprising 1,800 square feet more or less, as depicted on Exhibit A attached”.

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 “Permitted Use” shall be for the construction and maintenance of an awning over said sidewalk right-of-way easement area, including support structure, constructed and maintained in accordance with Section 5 hereof entitled “Fixtures”, and in accordance with applicable federal and state law and City ordinances, including required building permit(s).

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 and maintain the licensed area for public right-of-way, utility right-of-way or any other 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 nor shall Licensees be entitled to compensation therefore. The parties hereto concur that such a resolution of the City Council shall be final and shall not be subject to review by the Courts.

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

each have the right of cancellation of this License without cause 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 Licensees, this License shall become null

and void and Licensees or Licensees’ successors or assigns shall remove from the Licensed Premises, to the extent required by City, any or all improvements, appurtenances and encroachments installed pursuant to this License and shall restore the Licensed Premises to its condition at the effective date of this License, all at the sole expense of the Licensees. In the event that Licensees shall fail to remove such improvements, appurtenances and encroachments as required and to restore the

Licensed Premises, City shall have the right to do so or to cause such work to be done, and to assess reasonable allocated costs or the incurred cost of all such work against Licensees, or their successors or assigns.

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

described on Exhibit B attached hereto and made a part hereof for all purposes. Licensees shall not install any other improvements or fixtures on the Licensed Premises without first securing written permission therefore from City.

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

regulations and ordinances of federal, state and local governments in the exercise of their 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 mutually agreed that should the City, in the exercise of its discretion, determine that

the grade of any street or sidewalk ought to be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed Premises, Licensees’ improvements or appurtenances thereon, or the use thereof by Licensees, City may proceed with such improvement, change or work without liability to Licensees. Any modification or change required thereby to Licensees’ improvements or facilities located on the Licensed Premises shall be made subject to City approval and at the sole expense of Licensees.

8. INSURANCE AND INDEMNIFICATION. From and after the effective date of this

License and as more particularly set forth in Exhibit C, attached hereto and made a part hereof for all purposes, Licensees shall: (a) hold harmless and indemnify City from liability for all claims arising out of Licensees’ exercise of the rights granted hereunder; and (b) during the term of this License procure and keep in full force and effect insurance coverage of the kinds and in the minimum amounts as set forth in Exhibit C, naming the City by endorsement as an additional insured party.

9. Reservations. This License is subject to any existing utility or communication facilities, including drainage, presently located within or about the Licensed Premises, whether or not owned or operated by the City and to any vested rights for the use of the Licensed Premises. No improvement or appurtenance shall be constructed or placed by Licensees upon, over or across the Licensed Premises in such a manner as to interfere with the operation or maintenance of any utility or communication facility present on the Licensed Premises. The owner or operator of such utility or communication facility shall maintain

the right of ingress and egress upon the Licensed Premises for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing its respective facilities without the necessity at any time of procuring the permission of Licensees, including the right to remove any improvement of Licensees installed pursuant to this License which substantially interferes with the construction, maintenance, safety or efficiency of such utility or communication facilities.

Successors and Assigns. The terms of this License shall be binding upon the Licensees and Licensees’ successors and assigns. Non-assignable. This License may not be assigned by Licensees 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 Licensees 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:

Bobby Eggemeyer

______________________________ Karen Eggemeyer

Date: , 2012


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.



This instrument was acknowledged before me on the day of

, 2012, by Bobby Eggemeyer. ___________________________________ Notary Public, State of Texas


This instrument was acknowledged before me on the day of

, 2011, by Karen Eggemeyer. ___________________________________ 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 of Street License Area 37 East Concho Street

EXHIBIT B

Plan View of Awning 37 E. Concho Street

EXHIBIT B (cont’d )

Elevation View of Awning 37 East Concho Avenue

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

2.2.7 Liquor Liability. In the event the Licensee plans to distribute, serve, or sell alcoholic beverages, Licensee shall obtain Liquor Liability coverage in the amount indicated below. The insurance 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 Each Occurrence

A RESOLUTION OF THE CITY OF SAN ANGELO 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

WHEREAS, Bobby Eggemeyer and Karen Eggemeyer, applicants for license (Applicant), are the owners of certain real property and retail commercial establishment located on the southwest quadrant of the intersections of East Concho Avenue and South Oaks Street, commonly known as Eggemeyer’s General Store, 35 East Concho Avenue, San Angelo, Tom Green County, Texas; and, WHEREAS, said real property is located within the Central Business District and Downtown Development District; and, WHEREAS, Applicant would like to utilize a designated portion of the sidewalk right-of-way along the south side of East Concho Avenue and the west side of South Oakes Street for purposes of constructing and maintaining an awning over the sidewalk area and, WHEREAS, use of a designated portion of the sidewalk right-of-way along the south side of East Concho Avenue and the west side of South Oakes Street as described more particularly in Exhibit A, attached hereto, for purposes of constructing and maintaining an awning over the sidewalk area, would be consistent with and beneficial to the aesthetics and development of the Central Business District and said intersection in particular; and, WHEREAS, the City Council has determined that the granting of the application for a temporary nonexclusive sidewalk use license for purposes of an awning over a portion of the sidewalk area at the intersection of South Oaks Street with East Concho Avenue 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 Bobby Eggemeyer and Karen Eggemeyer for a temporary nonexclusive sidewalk use license for purposes of constructing and maintaining an awning over a portion of

the sidewalk area in compliance with all applicable state law and City ordinances, to be located at the southwest quadrant of the intersection of South Oaks Street and East Concho Avenue, 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 Sidewalk Use License Agreement with Bobby Eggemeyer and Karen Eggemeyer for purposes of constructing and maintaining an awning over the described sidewalk area, and such other instruments as may be necessary or convenient for carrying out such purposes.

PASSED and APPROVED THIS DAY OF , 2012.


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

EXHIBIT A

The Licensed Premises shall consist of that portion of the sidewalk area at 37 East Concho Avenue, City of San Angelo, Tom Green County, Texas, more particularly described as follows:

That portion of the East Concho Avenue and South Oakes Street sidewalk right-of-way described as follows:

PARCEL A - the southerly twelve feet (12’) of the East Concho Avenue right of way beginning at the extended east line of Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, and extending westerly a distance of fifty feet(50’) +/-, and

PARCEL B - the westerly twelve feet (12’) of the South Oakes Street right of way beginning at the extended north line of said Lot 26, Block C, San Angelo Addition of the City of San Angelo, Tom Green County, Texas, extending southerly a distance of ninety four feet (94’) +/- along the west boundary of said street right-of-way, and

PARCEL C – a triangular parcel formed by the east line of Parcel A above, the north line of Parcel B above and a line connecting the northeast corner of said Parcel A with the northeast corner of said Parcel B, and comprising 1,800 square feet more or less, as depicted on Exhibit A attached”.

City of San Angelo



From: Sandra J. Villarreal


Contact: Sandra J.Villarreal

Caption: Consent

Consideration of adopting a Resolution extending the Public Health Emergency Preparedness (PHEP) contract end date to align with the State Fiscal Year, extending the equipment purchase deadline date, adding additional funds in the amount of $6501.00, for a Total DSHS Reimbursement of $113,579.00, with the City providing a total Match of $19,339, and reallocating funds to reflect actual expenditures.

Summary:

The Public Health Emergency Preparedness (PHEP) Grant (Bioterrorism) is a recurring grant applied to and received from the Department of State Health Services. The San Angelo-Tom Green County Health Department uses these funds to pay for 50% salary and benefits of the Nursing Manager, 50% of salary and benefits for PHEP/Emergency Management Office Assistant, 50% of salary and benefits of the Emergency Management Coordinator and 10% of salary and benefits of the Health Services Manager. Funds are used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control, recovery, and improvement. The Health Department is encouraged to partner and cooperate within and between jurisdictions in the State of Texas related to preparedness activities. Partnerships may include, planning activities, exercises, training and response to events or emergencies.

History: In April 2012, DSHS changed the contract period end date to August 31, 2012, a month later than the original contract end date to align the contract period with the State’s Fiscal year. DSHS added an additional $6501.00 for salary and benefits, extending the contract period to 13 months.

In FY 2012, the State of Texas, due to state budgetary issues, had reduced the local funding by 16% or $17,509.00. In October 2011, the City accepted PHEP funds in the amount of $91,320, which reflected the decrease from prior year funding. With FY12 Federal funding in place, the Texas DSHS offered local jurisdictions the option to apply for carry-over funds. DSHS awarded us the carry-over fund of $15,758.00, with the City matching funds obligated at $1,751.00 in April 2012.

Financial Impact: The receipt of the $6501.00, in addition to the previous awards for a total grant award of $$113,579.00, along with matching funds totaling $19,339.00, will assist the City in carrying out the grant objectives, by purchasing Emergency “Go-Kits” for Points of Distribution Sites, as well as, a needed Information Storage Device (Server), which will be used for storing of Health and GIS data, and update Computers in Environmental Health by purchasing four (4) laptop units, as well as providing 50% of the salary and benefits to each of the Nursing Manager, Emergency Management Coordinator, and the Planning Specialist at the Emergency Management Office, in addition to 10% of salary and benefits of the Health Services Manager.

Related Vision Item

(if applicable):


Staff recommends . . . Approval.

Attachments: Resolution and agreement

Presentation:

Publication:


Rick Weise, x-1072

Approved by Legal:

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL 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 ADDITONAL FUNDS, AND REALLOCATE FUNDS TO REFLECT ACTUAL EXPENDITURES.

WHEREAS, the City of San Angelo applied for and has been awarded a Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Grant for $91,320.00, to be used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control recovery, and improvement; and, WHEREAS, in April 2012, DSHS amended the contract changing the contract period end date to August 31, 2012, to align the contract period with the State’s Fiscal year. DSHS added an additional $6,501.00 for salary and benefits, extending the contract period to 13 months; and, WHEREAS, the receipt of the $6501.00, in addition to the previous awards for a total grant award of $113,579.00, along with matching funds totaling $19,339.00, will assist the City in carrying out the grant objectives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT: The amended contract, extending the contract period to 13 months and awarding additional funds in the amount of $6501.00 for the Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Grant for a total grant award in the sum of $113,579.00, to be used to carry out objectives addressing Centers for Disease Control Public Health Emergency Preparedness Goals is hereby ratified and the total grant of funds in the sum of $113,579.00 is hereby accepted. The City Manager or his designee is hereby authorized to execute such documents as may be necessary or desirable to accept the additional grant funds, provide for their application for the purposes stated, and cause application of the authorized matching funds.

PASSED and APPROVED THIS DAY OF , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST:

Alvin W. New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM

Sandra Villarreal, Lysia H. Bowling, City Attorney Health Services Manager

City of San Angelo

Memo Meeting Date: May 1, 2012

To: City Council members

From: Jeff Hintz, Planner

Subject: Bed & Breakfast ordinance and summary of process

Caption: First Public Hearing and consideration of an ordinance amending Bed

& Breakfast regulations.

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.

On June 20, 2011 Special Use 11-03 came before the Planning Commission and did not meet the current requirements that a Bed and Breakfast be placed in a transition area between zoning districts. After some discussion, the request was unanimously approved by the Planning Commission and staff was directed to look into options for discussion regarding changing the regulations for Bed & Breakfasts at a special meeting sometime in the future. On July 18, 2011 the Planning Commission established a date for a special meeting on August 22nd to discuss Bed & Breakfast establishments (among other items) and

potential ordinance changes. Due to time constraints at the special meeting, the item was tabled by unanimous decision. On a special meeting scheduled for September 28, 2011 the Bed and breakfast regulations for various cities within Texas were discussed. These cities examined include the following: Abilene, Lubbock, Amarillo, Odessa, Midland, Wichita Falls, New Braunfels, San Marcos, Horseshoe Bay, Austin, and Llano. Various features and requirements were discussed when comparing the varying cities’ regulations on the item. At this discussion it was suggested that staff bring back items from the cities regarding the following: allowed zoning districts, fire code requirements, taxing requirements, parking regulations, on site sales regulations, number of rooms, and owner occupied regulations. On October 17, 2011 these items for further research were brought back and discussed. Some discussion occurred as to whether or not an overlay zone should be investigated or if there would be a better way to move forward. Discussion of key features such as the Rio Concho River, Lake Nasworthy and the Historic Downtown were discussed as locations where these establishments would be appropriate. Line items regarding each regulation were requested to be prepared and brought back for the next meeting. On December 7, 2011 line items regarding various issues on Bed & Breakfast establishments were brought to the commission for a vote. At this point it was determined that the parking ratios would remain the same, 2 spaces plus one space for every guest room. The maximum number of rooms was left at 4 as the current ordinance calls for. In residential districts it was also determined that the establishment must be owner occupied as the current ordinance stipulates. Sales on site would be allowed as an accessory use, but said sales would be limited to guests of the establishment only. Regarding where Bed & Breakfasts would be allowed, the commission altered the use table to the form it takes in the proposed ordinance. On February 20, 2012 residential signage requirements were discussed and other cities’ regulations were compared to San Angelo. After some discussion it was determined that residential signage would be allowed to be 6 square feet with no internal illumination allowed. The other provisions of the draft ordinance were reviewed and the limitations on employees allowed at Bed & Breakfasts were removed and it was determined that these types of establishments would be counted as residential uses for the purposes of determining a privacy fence. It was also established that the wordage for keeping a guest registrar would be changed to keeping the register of guests in compliance with state code. On April 16, 2012 the Planning Commission voted unanimously to approve the draft ordinance as presented and directed staff to send the ordinance to City Council.

Attachments: Amended ordinance as approved by Planning

Commission.

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.

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

Section 1. Section 406 “Bed and Breakfast Establishments” of Chapter 12, Exhibit A

“Zoning Ordinance”, Article 4 “Special Standards”, is hereby amended to read in its entirety as

follows:

Section 406. Specific use standards applicable to a Bed and Breakfast are:

(A) General Standards

In all zoning districts, the following will be required:

1. A minimum of two off-street parking spaces, plus one additional space per guest

room, shall be provided on the same lot or tract of land as the Bed and Breakfast

establishment.

2. A maximum of four guest rooms shall be provided in any one Bed and Breakfast

establishment.

3. No food preparation, except beverages, is allowed within individual guest rooms.

Meal service shall be provided to overnight guests only.

4. Preparation and service of food for guests shall conform to all applicable

regulations of the State of Texas and the City of San Angelo.

5. The operator shall keep a current guest register in compliance with state code.

6. For the purposes of determining privacy fence requirements, a Bed and Breakfast

will always be considered a residential use.

(B): Standards for Residentially Zoned Properties

In addition to the requirements in section 406(A), the following shall apply

1. The operator of the Bed and Breakfast is a full-time resident of the dwelling in

which the Bed and Breakfast establishment is housed.

2. All lighting shall be directed toward the bed & breakfast and not at surrounding

neighbors.

3. No exterior evidence of the Bed and Breakfast shall be allowed, except for one

sign, no larger than six square feet, which is not internally lit.

4. On site sales will be allowed as an accessory use to the bed and breakfast

establishment; said sales will be limited to guests only; no other sales will be

allowed at the location.

Section 2. Section 309 “Use Table” of Chapter 12, Exhibit A “Zoning Ordinance”, Article 3

“Use Regulations”, is hereby amended by restating that part of the Use Table designated

“Commercial”, “Bed & Breakfast” to read as follows:

Use Short Residential Districts Nonresidential Districts

Category Definition R R R R R R M M C C C C C O M M CG

& S S S M M H H N O G H B W L H /

E 1 2 3 1 2 P S D CH

Commercial Use Categories

Bed &

Breakfast

a single-family

dwelling offering

overnight

accommodations

* C C C C C C - - A A A C A C C C A

(see also Sections 311

thru 316)

A = Allowed C = Conditional Use S = Special Use * = Specific Use Regulations May Apply. See Article 4

Section 3. If any provision, section, subsection, sentence, clause or phrase of this Ordinance,

or the application of same to any person to set circumstances, is for any reason held to be

unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or

their application to other persons or set of circumstances shall not be affected thereby, it being

the intent of the City Council in adopting this Ordinance that no portion hereof or regulations

connected herein shall become inoperative or fail by reason of any unconstitutionality, invalidity

or void finding of any portion hereof, and all provisions of this Ordinance are declared severable

for that purpose.

Section 10. THAT, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the 1st day of May, 2012, and finally PASSED, APPROVED and

ADOPTED on this the 15th

day of May, 2012.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

By: 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

Memo Meeting Date: June 5, 2012



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

on the following property:

Property: 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

Contacts: John Castillo, Fat Boss Pub 374-0008

Jeff Hintz, Planner 657-4210

CAPTION: First Public Hearing and consideration of 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

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,

subject to conditions outlined in this staff report.

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

History and Background:

General Information

Existing Zoning: Central Business District (CBD) Existing Land Use: Alleyway between the following land uses: Fat

Boss Pub, temporary municipal offices, and First United Methodist Church campus facility.

Surrounding Zoning/Land Use: North: CBD Temporary municipal offices

West: CBD Chadbourne Street South: CBD Fat Boss Pub East: CBD Previously abandoned alley

Conformance with Thoroughfare Plan: South Chadbourne Street and East Beauregard Avenue are defined as “arterial streets.” “Arterial streets” connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

Storm Water/Drainage: Requires a minimum five foot wide open and

unobstructed easement for storm water drainage Topography: Abandonment of the right-of-way is not expected

to generate any elevation problems or issues. Water/Sewer Utilities: Requires that a utility easement be maintained

due to an existing sewer main in the alleyway

Fire Protection: Requires finalization of the previous alley abandonment to the east in this block. This includes acceptance by the city of an alternate north-south extension through lot 17 of this block. Without finalization of the previous abandonment, this abandonment would create a dead end of over 150 feet and would present a serious problem without an approved turn around.

Access Management: Requires that utility easements be retained or

utilities be relocated prior to abandonment Notification Required: Yes Notifications Sent: 14

Responses in Favor: 1 Responses in Opposition: 1

Special Information

Private Utilities: Allow access for open and unobstructed

easements to maintain utilities in the abandonment area

Traffic Concerns: Traffic patterns in the area will certainly be altered and

changed if the proposed abandonment is approved. This segment of alley is currently used for access to the temporary municipal building and for deliveries to the Fat Boss Pub. The finalization of a previous alley abandonment in this block will create an alley running north to south and effectively satisfy the traffic needs of the surrounding properties.

This proposed abandonment will allow for the alleyways that run from east to west in this block to be formally abandoned. However, before this can occur a dedicated alley must be established through Lot 17 of this block that will allow for a full north south running alleyway through the block. City staff and private utilities have no objections to this abandonment so long as the previous abandonment is finalized. At one point a document was recorded that sought to establish this alternate alleyway through Lot 17 of this block; however, this document does not fully establish the pathway as an alley. Assuming that the alternate alleyway running through Lot 17 is dedicated to city specifications, there will be no issues with city staff or private utilities so long at the proposed conditions are met. No buildings can ever be built on this segment of alleyway that would obstruct access to utilities or storm water, but a patio and outdoor seating area that is proposed likely would not be a problem.

Proposed Conditions

1. Reservation of an easement for installation, maintenance, repair and replacement of utilities, which, said easement shall:

a. extend over the entire length and width of the abandonment

b. remain open and unobstructed.

2. Filing of documents necessary to finalize the previous abandonment in Block 7 filed by First United Methodist Church and approved on January 26, 2009 by Planning Commission and on March 3, 2009 by City Council.

3. A minimum five foot wide open and unobstructed easement for storm water drainage

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; draft minutes from Planning Commission; citizen responses; and draft ordinance.

Presentation: Jeff Hintz, Planner

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

A. Alley Abandonment: John Castillo

A request to partially abandon an alley right-of-way on the following property: 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.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval, subject to conditions. 14 notifications were sent, with 1 returned in favor, and 1 returned in opposition. Mr. Hintz illustrated which parcels had returned notifications on the request, and then distributed these to the Commission members for their review. Mr. Hintz reminded the Commission that the entire area is zoned as CBD, and gave some orientation information on the surrounding properties. Mr. Hintz noted an approved abandonment in the same Block 7 as the proposed abandonment. Mr. Hintz reviewed the last remaining condition of the previous abandonment approval and illustrated how it works with the entire block, and with the proposed abandonment that is the subject of this request. He went on to discuss the subject area. The conditions of approval were put together by staff from a variety of divisions, which Mr. Hintz outlined, along with local utilities. Mr. Hintz gave some detail explaining why the conditions are being requested. What the proponent is requesting to do with the property wouldn’t hinder the conditions of staff approval, in the opinion of staff. Sam Tambunga asked a question regarding the previous abandonment and clarified that staff recommends it must be finalized before this will be. Bill Wynne asked for clarification regarding the intent of the proponent. Mr. Hintz explained that the proponent is seeking to have a secured area. Mr. Wynne furthermore asked what types of partitions could be placed in the site. Ms. Fawver emphasized that staff will strongly urge the proponent to choose a type of fencing that easily movable, and that freely allows the flow of storm water. She explained that the proponent needed to come forward to address the fencing issue on their own, as staff does not know what their vision is for the fencing. Joe Grimes asked about issues possibly caused by the two spaces that have been blocked off in the adjacent parking lot. Staff outlined the reasoning behind these issues and outlined the previous application and hearing. There were some additional questions about the protection of that building, which Mr. Hintz explained was historically overlaid and thus protected. John Castillo, co-owner of Fat Boss, came forward to speak on this matter. As downtown is growing and businesses are opening, the circumstances have

changed. Their main concern was that traffic was running through the existing alley, particularly prior to when the original abandonment was approved. When the open container law downtown was passed, there were some misconceptions about whether or not drinks could be taken outside. This open container law only applies to those who do not have mixed beverage licensing. Fat Boss does, and thus, it is unlawful to take drinks outside with them. This would help relieve some of that issue. What they were envisioning was rock columns with wrought iron fencing. They are wanting to do something that would be attractive and would maintain curb appeal and visibility of the property. They will work with the city to make sure that all of the codes and requirements are met. It is also difficult because the back door, which is an emergency exit only, is being used routinely by patrons wishing to step outside and smoke. Darlene Jones stated her concerns of putting up a fence that would be expensive, especially since there is an existing easement that could allow access by utilities at any time. She asked if fencing the area in would meet the requirements that the business is concerned with. The proponent felt that it would. Bill Wynne also explained his concerns with adding something permanent in that location. Mr. Hintz explained that there is a sewer line running through that alley, and that might require access at some point for maintenance. The chairman asked several questions about the street use license and the staff emphasized the differences between the options. Both Jennifer Boggs and Joe Grimes stated their support behind the request since utility access would be a requirement of either option. In this case, regardless of the use of the building, there appear to be valid arguments for the abandonment request. No one else came forward to speak on this matter. Motion, to approve as presented, was made by Darlene Jones and seconded by Jennifer Boggs. The motion passed unanimously, 7-0.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, 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 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 7 of the

Maintown Addition, extending perpendicular from S. Chadbourne Street . 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 20-foot width and 130-foot length of right-of-way for a public alley

dedicated through the western center of Block 7 in the Maintown Addition, extending perpendicular to S. Chadbourne Street in downtown San Angelo, which said alley is described more particularly as follows:

BEGINNING at a point on northwest corner of the Maintown Addition, Block 7, Lot 20 THENCE in an easterly direction a distance of 130 feet; THENCE in a northerly direction a distance of 20 feet; THENCE in a westerly direction a distance of 130 feet; THENCE in a southerly direction a distance of 20 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. Said deed shall adhere to the following conditions:

A. Reservation of an easement for installation, maintenance, repair and replacement of utilities, which, said easement shall:

1. extend over the entire length and width of the abandonment

2. remain open and unobstructed.

B. Filing of documents necessary to finalize the previous abandonment in Block 7 filed by First United Methodist Church and approved on January 26, 2009 by Planning Commission and on March 3, 2009 by City Council.

C. A minimum five foot wide open and unobstructed easement for storm water drainage

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

Memo Meeting Date: June 5, 2012



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: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for June, 5, 2012, Council Meeting

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


Consideration of:

a. Termination of contract for construction of new livestock building between City of San Angelo and R.M. Ford Construction.

b. Authorizing City staff to re-issue a Request for Bids for the construction of a new livestock building at the San Angelo Fairgrounds.

Summary:

The City Council awarded R.M. Ford Construction a contract on March 20, 2012, to build a livestock barn at the San Angelo Fairgrounds for use by the San Angelo Stock Show and Rodeo Association. R.M. Ford has failed to supply the required performance and payment bonds, which constitutes a terminable default of the contract. As a result, the San Angelo Stock Show and Rodeo Association and City staff recommend terminating the contract with R.M. Ford and rebidding the project.

History: Among the projects for which voters approved funding in the 2010 half-cent sales tax election was a livestock barn at the San Angelo Fairgrounds to replace the Qualtrust Barn. The election allocated $1 million for the project.

RBR Construction submitted the low bid on the project, but withdrew its bid prior to the contract being awarded. R.M. Ford Construction submitted the second-lowest bid, and on March 20, 2012, was awarded a contract for $1.154 million to build the facility. (The San Angelo Stock Show and Rodeo Association is funding the difference.) R.M. Ford has since been unable to provide the City with performance and payment bonds, as required by the contract. This constitutes a default of the agreement. The SASSRA and City management agree the contract should be terminated.

The SASSRA would prefer to re-bid the project to include substantial changes that should reduce the expense to an amount that is closer to the initial cost projection. While the SASSRA realizes this will likely result in the facility not being completed in time for the 2013 San Angelo Stock Show, all agree it represents the fairest approach. All potential contractors will have a chance to re-bid a project whose scope has changed, including R.M. Ford, which by then may find a way to acquire the necessary bonding.

If this termination is approved by Council, the SASSRA and City staff would ask that Council authorizes staff to issue a new Request for Bids (RFB) for the project.

Financial Impact: SASSRA and City staff expect that by downsizing and rebidding the project, the cost can be reduced to a figure closer to the initial projected cost of $1 million (including abatement and demolition of the Qualtrust Barn).

Related Vision Item N/A

(if applicable):


The SASSRA and staff recommend terminating the contract with R.M. Ford for the construction of the livestock barn. Staff and the SASSRA further recommend issuing a new RFB for the project that reflects the substantial changes architect Gary Donaldson will make to the project to reduce its expense.

Attachments: Termination letter Construction contract with R.M. Ford Resolution to terminate contract

Presentation: N/A

Publication: N/A


Assistant City Manager Rick Weise, 657-4241

Approved by Legal: Yes

A RESOLUTION OF THE CITY OF SAN ANGELO 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. WHEREAS, City issued RFB No: CE-02-11, for the construction of a new

livestock building for the San Angelo Stock Show & Rodeo Association; and R. M. Ford Construction, Inc.’s bid in response thereto was selected as the most qualified proposal for the construction; and,

WHEREAS, on March 20, 2012, the City Council approved the selection of R. M. Ford Construction, Inc. for a Contract For Construction of New Livestock Building For The San Angelo Stock Show & Rodeo, (“Contract”), authorized the negotiation and execution of the contract, and said contract was executed; and, WHEREAS, R. M. Ford Construction, Inc. has failed to comply with a condition of the contract in failing to provide bonds as required, which failure constitutes a default of the contract; and, WHEREAS, the City has a right to terminate the contract upon the occurrence of an event of default thereunder and requests authorization from Council to terminate the contract NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The Interim City Manager or his designee is hereby authorized to effectuate termination of the contract in accordance with the terms of the contract. 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 Anthony Wilson, Civic Events Manager Lysia H. Bowling, City Attorney

City of San Angelo



From: Carl White, Parks & Recreation Director


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


Consideration of approving a First Amended Agreement between the City of San Angelo and Two Pro Management for management and operation of the Santa Fe Golf Course and authorizing the Mayor and/or Interim City Manager to execute said agreement.

Summary:

Two Pro Management (Two Pro) and City Staff recommend approval of a First Amended Agreement for management and operation of the Santa Fe Golf Course.

Key elements of the existing agreement include:

• Two Pro to provide golf course management services for the Santa Fe Municipal Golf Course including: maintenance, operation, marketing, programming and improvements (in cooperation with the City).

• 5-year term beginning June 2010, with 1 option to extend for an additional 5 years.

• City pays Two Pro a management fee, currently at $75,000/year.

• Two Pro to pay to City, at end of each FY, 20% of gross revenues generated which exceeds $135,000. Gross revenues include proceeds from concessions, green fees, tournaments, merchandise, rentals and permanent advertising.

Here is the current situation:

• Two Pro has attempted to generate revenues for permanent advertising but has not been successful due to code restrictions and the desires of nearby residents to limit visible advertising. Two Pro claims their inability to sell advertising at the course limits their gross revenues by $20,000.

• In order to continue the management services agreement, Two Pro has asked for an additional $20,000 of annual City compensation.

The proposed First Amended Agreement includes the following changes:

• A new term, effective upon approval, ending September 30, 2017 with 1

option to extend for an additional 5 years.

• Management fee increased to $95,000 annually.

• Two Pro payment at the end of the FY = 50% of the gross revenues generated which exceeds $135,000.

• Gross revenues include proceeds derived from concessions, green fees, tournaments, merchandise, rentals and other potential revenues.

• City reserves the right to provide additional funding for exclusive use of water to preserve the course for the future benefits of its citizens.

• All other essential existing terms of the original agreement to stay in effect.

History: Council authorized negotiation and execution of the initial agreement on May 18, 2010. The agreement was executed on June 14, 2010. The course was renovated the summer of 2010 and reopened September 2010. The first full year of operation of the course was perhaps the most difficult year for golf courses in recent memory due to the drought and elevated summer temperatures.

Financial Impact: The financial impact is an additional $20,000 from the General Fund.

Related Vision Item

(if applicable):

N/A


Staff recommends approval.

Attachments: Initial Agreement and First Amended Agreement (which includes the Initial Agreement)

Presentation: Verbal and PowerPoint

Publication: N/A


Rick Weise, Assistant City Manager

Approved by Legal: May 16, 2012

City of San Angelo



From: Morgan Trainer, Budget Manager


Contact: Michael Dane, 657-4241

Caption: Regular Item

Discussion of rates for residential garbage collection, commercial garbage collection, and landfill gate fees and any action in connection thereto.

Summary:

During the fiscal year 2011-2012 budget preparation process, staff and Council discussed the financial condition of the landfill. As we discussed last year, there are multiple financial needs at the landfill. They include:

• debt service,

• post closure fees,

• gas disposal,

• permit fees,

• new cells, and

• the negative fund balance.

In order to fund these needs at the landfill, it is necessary to discuss residential garbage collection rates, commercial garbage collection rates, and landfill gate fees. Today’s discussion is to remind you of this financial burden and confirm Council’s direction to propose increased rates.

History: Discussed budget goals and policy recommendations for the landfill financial condition and rate discussion during budget preparation on July 12, 2011.

Financial Impact: None at this time

Related Vision Item

(if applicable):

None


None

Attachments: None

Presentation: None

Publication: None


Michael Dane

Approved by Legal: N/A

l Page 1

City of San Angelo

Memo Date: May 17th, 2012


From: James Flores, Code Compliance Manager

Subject: Agenda Item for June 5th, 2012 Council Meeting

Contact: James Flores /Code Compliance/657-4409

Caption: Regular Item

Consideration of a request for support for the Keep San Angelo Beautiful 2012 Great American Cleanup, including but not limited to the waiving of landfill fees

Summary: The Keep America Beautiful Great American Cleanup is March 1 through May 31. This is the nation’s largest organized annual community improvement program. The Keep San Angelo Beautiful Board has coordinated similar events in the past with great success (see attached report). Once again, this is an attempt to conduct this successful event with our great community partners, volunteers, and City staff. The event this year will be held on June 16th, 2012 at the San Angelo Coliseum from 8:00a.m. -1:30p.m.

History: Since 2006, Council has authorized $20K for previous Great American Cleanups. This in-kind support has allowed City Staff from operations, street and bridge, Police, and the use of equipment to make this event the success that it is. Along with the in-kind support, KSAB board members are requesting the waiving of landfill fees associated with this great effort. Financial Impact: Not to exceed $20,000.00 in In-Kind Services Related Vision Item (if applicable): Community Appearance Vision - San Angelo will be an attractive community when… • Cleaner neighborhoods, both residential and commercial Other Information/Recommendation: Staff recommends that we provide the assistance needed to accomplish this task. Attachments: None Presentation: James Flores, Code Compliance Manager

l Page 2

Publication: None. Approved by Area Service Director: Robert Salas

City of San Angelo



From: Ricky Dickson, Director of Operations

Subject: Agenda Item for 6-5-12 Council Meeting

Contact: Ricky Dickson, Operations, 657-4206

Caption: Regular

Consideration of authorizing a pilot program utilizing rollout carts for automated trash collection

Summary: Trashaway is proposing a pilot program for automated service for residential trash collection in each single member district. The program will run for three months from July through September. History: Trashaway has had a pilot program in the Bentwood subdivision for several years that has been successful and wants to extend the program in the remaining single member districts to determine if the program would be considered a future collection alternative.

Financial Impact: None Other Information/Recommendation: Staff recommends approving the pilot program. Attachments: Sample – Carts, Door Hangers, and Map Presentation: Presentation by Shane Kelton, Assistant Director of Operations and Robert

Searls, Municipal Services Manager for Trashaway. Publication: None Reviewed by Service Area Director: Ricky Dickson, Operations, 5-29-12

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FeetSingle Member DistrictsSan Angelo, Texas Path: K:\smd\workarea\smd_dp.mxd

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What is a pilot study?

Why was my neighborhood selected?

What do I need to do to participate?

Please keep your current personal trash

container until after the pilot program is

completed and a decision on your future trash

collection program has been made.

What should I do with my current personal trash container?

What can go in the trash cart?

Why do a pilot study?

What happens after the pilot study?

A Pilot Study is a chance for the City and Republic to test how this program could work in the City of San Angelo. It involves a small group of homes and will help the City and Republic answer several key questions: Do people like the carts? Are the carts more convenient and do they have enough capacity? Do the carts cut down on the amount of litter blown around on windy days? Are there unforeseen problems that will need to be addressed in a city wide program?

In order for the study to be administered easily, we needed a set number of homes to participate. Participating homes were selected from 5 areas of the city to ensure the study would be repre-sentative of the entire city.

The roll-cart is designed to hold a maximum weight of 175 lbs. All of your (bagged) household trash and (bagged) yard waste can be disposed of in your cart. Please bag loose items to prevent littering. Since the roll-cart is mechanically emptied the driver never leaves the truck. The cart cannot be emptied if trash is on top of or next to the cart - EVERYTHING must fit inside the cart with the lid closed.

The City of San Angelo and Republic Services, (formerly Trashaway), will begin a Pilot Study for switching from your current personal trash container to roll-carts July 2nd. Your area has been selected to participate in this Pilot Study. This brochure will help answer many of the questions about this Pilot Study.

The current plan is for the Pilot Study to last for 3 months. After the pilot ends, residents in the Pilot Study area will be given a survey to help answer several key questions about the roll-cart trash collection program.

Participation is easy. A roll-cart has been delivered to your home the for your first collection in June. Simply place this roll-cart within 2 feet from the back of the curb on your regular trash collection day. Remember to set your cart at the street by 7 a.m. on your scheduled collection days. Please remember to use only the Republic roll-carts and leave your personal trash containers at the house. Also, remember to set the roll-carts where they will be accessible from the street, not behind a mailbox, car or other obstruction.

The Pilot Study will provide the opportunity and time necessary for San Angelo to “kick the tires” and put the roll-carts to the test. Republic and San Angelo will also have time to address individual concerns, gauge residential satisfaction, and assess the aspects and impacts of citywide implementation of the program. With the number of households in each area of the study averaging 100 homes, we are able to evaluate a representative sample of the entire city.

Before a decision can be made on extending the roll-cart trash collection service, several weeks to months may go by. During this time, households in the pilot areas should return to use of their personal trash containers. Roll-carts will be picked up and returned to Republic until the pilot study has been evaluated and a decision on future trash collection service is made. More information about what to do after the pilot study will be sent out with the Post Study Survey. Participates are encouraged to complete the survey.

proof

&answers

If you have any questions about the

Pilot Study, please contact

Republic Services

325-481-7700

We’re rolling outa trash cart

pilot program inyour

neighborhood.

(formerly Trashaway)

TH

E C

ITY

OF SAN ANGELO

, TE

XA

S

What about household hazardous items? Do not include hazardous items with your household trash such as: paint, motor oil, pool chemicals, batteries and tires. Tip: if you open the paint can and let the paint dry out, thepaint can may be thrown away with your regular trash.

Where do I place my cart for service? Proper placement is extremely important. On your collection day, please roll your cart within 2 feet of the curb and 2 feet from other objects.

PLACEMENTOF

CART

Do NOT place cart next to gas meter, mailbox, vehicle, etc.

2 FT.

2 FT.

2 FT.

Curb/Roadside/Alley (same location where youset out your current

trash container)

Who do I call for repairs on my cart?Call Republic Customer Service for your repairs at 325-481-7700.

What should I not put in my cart? Do not put concrete, large amounts of dirt, or heavy waste into your cart. Carts are designed to hold a maximum of 175 lbs.. Do not put hot ashes in your cart. PLEASE DO NOT PUT LOOSE ITEMS IN CART. All household trash and yard waste should be bagged before placing in your cart. �is will prevent littering during mechanical collection. Do not place large items that will prevent cart lid from closing. EVERYTHING must �t inside the cart with the lid closed.

What if I move before the study is completed? If you plan to move before the Pilot Study is completed please call Republic customer service at 325-481-7700 and we will pick up the cart. All carts will remain the property of Republic Services and should not be taken from the address where it was delivered.

Will my TRASH collection change? No, you will receive the same twice a week collection service on your regularly scheduled collection day.

What if I have more trash than 1 (one) cart will hold? You may call Republic Customer Service at 325-481-7700 to request an additional cart for your trash.

proof

The program is scheduled to last 3 months. Your roll-cart will be delivered the week of June 25th. Instructions on how to properly use your cart will be attached to your roll-cart when you receive it in June. Your collection day will not change, however the time of day your collection occurs may vary a little, so please place your roll-cart at the curb by 7:00 a.m. to ensure it is serviced. Due to the new mechanical method of trash collection with the roll-carts, please do not place any other trash containers out for collection. (ONLY TRASH IN REPUBLIC ROLL-OUT CARTS WILL BE COLLECTED)

The flyer attached to your roll-cart will give you specifics on the program and Pilot Study. If you have any questions about the Pilot Study, please contact:

Republic Services: 325-481-7700

Republic Services may be contacted at325-481-7700 for missed collections

or other problem resolution.

** PLEASE KEEP YOUR CURRENT PERSONAL TRASH

CONTAINERS UNTIL THE PILOT PROGRAM IS COMPLETED &

YOUR TRASH COLLECTION PROGRAM IS ESTABLISHED**

proof

We’re Rolling outa new Trash Cart

Pilot Program in Your

Neighborhood.

The City of San Angelo and Republic Services (formerly Trashaway) have teamed up to provide a Pilot Program to neighborhoods in San Angelo that we believe will greatly enhance the current residential manual trash collection program. Beginning in July, your neighborhood will be participating in a Pilot Program offered by Republic Services. This program’s success will determine the future of the trash collection service in San Angelo. The program is designed to upgrade your trash service with fixed lid wheeled trash carts. Carts not only provide a unified appearance on collection day, they also eliminate blowing trash, odors, animal scavenging and health concerns. Residents are also saved the hassle and expense of providing their own trash containers. The automated cart collection service is proven to be safer than manual collection. The cart is emptied mechanically from inside Republic’s vehicle cab. The driver uses a joy-stick to operate the automated arm that picks up the cart and empties the garbage into the truck. The cart is set back in place, and the Republic truck moves on to the next stop.

TH

E C

ITY

OF SAN ANGELO

, TE

XA

S

PROOF

City of San Angelo

Memo Date: June 1, 2012


From: Brian Dunn, Fire Department


Contact: Brian Dunn, Fire Department, (325) 657-4355

Caption: Regular Agenda




c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees;

d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related

to said grant

Summary:

The San Angelo Fire department wants to apply for an EDA Grant. This grant is through the Council of Government. The maximum we could receive from the grant would be $1,500,000 with up to a $1,500,000 match from the city. The estimated cost at this time is approximately $2,100,000. The city was looking to have to fund 100 percent of the new facility. If a grant is awarded it would help cover considerable costs associated with the new training center.

The funds up front would be covered from General Fund Reserve. The grant allows that it may be amended to issue bonds to cover this cost, but to apply for the grant the matching funds have to be dedicated up front. The idea is to repay the General fund or the bond if issued, through EMS fees.

This grant application is a joint effort of the City of San Angelo, Howard College, and the Council of Governments. The city of San Angelo is the applicant for the grant.

We are working towards replacement of the fire training center at this time because of the age of the facility and the proximity to the water in-take for the city. If the city receives this grant it would cover a very large portion of the expenses for the new training facility.

We are looking to locate the new facility behind the animal shelter on Highway 67. This facility would be able to provide training for firefighters from the Concho Valley. We also hope to develop a duel credit program with Howard college for the area high school students.

History: N/A

Financial Impact: Up to $1,500,000

Related Vision Item

(if applicable):

N/A


Staff Recommends Approval

Attachments:

Presentation: None

Publication: None


Brian Dunn June 1, 2012

Approved by Legal:

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



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.

http://www.randmcnally.com/�

http://www.maps.google.com/�

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.

City of San Angelo

Memo Date: June 1, 2012


From: Brian Dunn, Fire Department


Contact: Brian Dunn, Fire Department, (325) 657-4355

Caption: Regular Agenda




c. Consideration of reimbursing said matching funds from the Emergency Medical Services fees;

d. Consideration of accepting said EDA Grant award by the City, if approved; and, e. Consideration of authorizing the Interim City Manager to execute all documents related

to said grant

Summary:

The San Angelo Fire department wants to apply for an EDA Grant. This grant is through the Council of Government. The maximum we could receive from the grant would be $1,500,000 with up to a $1,500,000 match from the city. The estimated cost at this time is approximately $2,100,000. The city was looking to have to fund 100 percent of the new facility. If a grant is awarded it would help cover considerable costs associated with the new training center.

The funds up front would be covered from General Fund Reserve. The grant allows that it may be amended to issue bonds to cover this cost, but to apply for the grant the matching funds have to be dedicated up front. The idea is to repay the General fund or the bond if issued, through EMS fees.

This grant application is a joint effort of the City of San Angelo, Howard College, and the Council of Governments. The city of San Angelo is the applicant for the grant.

We are working towards replacement of the fire training center at this time because of the age of the facility and the proximity to the water in-take for the city. If the city receives this grant it would cover a very large portion of the expenses for the new training facility.

We are looking to locate the new facility behind the animal shelter on Highway 67. This facility would be able to provide training for firefighters from the Concho Valley. We also hope to develop a duel credit program with Howard college for the area high school students.

History: N/A

Financial Impact: Up to $1,500,000

Related Vision Item

(if applicable):

N/A


Staff Recommends Approval

Attachments:

Presentation: None

Publication: None


Brian Dunn June 1, 2012

Approved by Legal:

june 5, 2012 agenda packet

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