april 17, 2012 city council agenda packet

City Council Agenda of 4 April 17, 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, April 17, 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. Proclamations

“Earth Day”, April 22, 2012, to be accepted by Girl Scout Troop 5130 accompanied by Troop Leader Camille Yale

D. Recognitions

Civic League Park designated as a Lone Star Legacy Park by the Texas Recreation and Park Society

James Flores, Code Compliance Manager, for his tireless efforts towards the City of San Angelo's neighborhood revitalization programs by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly and disabled citizens

City of San Angelo for receiving the Texas Comptroller Silver Leadership Circle Award recognizing the City for its continued progress towards achieving financial transparency, to be accepted by Chief Accountant Bill Smith, Budget Manager Morgan Trainer, Senior Budget Analyst Laura Brooks, Senior Budget Analyst Steve Mahaffey, Public Information Officer Ty Meighan, and Multimedia Coordinator Brian Groves

E. Public Comment

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

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II. CONSENT AGENDA

1. Consideration of approving the April 3, 2012 City Council Regular meeting minutes 2. Consideration of awarding a Houston-Galveston Area Council (HGAC) Purchasing Co-operative bid (PD-

02-12) for Sprint for air card service in the amount of $62,455.56 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. 20 W 11th Street (Murillo), Lots 16 & 17, Block 53 Miles Addition, $2,500, Suit No. B-06-0064-T b. 707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, Suit No. TAX89-0557B c. Next to 612 E 42nd Street, (Gonzales), Lot 14, Block 47, Lake View Addition, $1,100, Suit No. B-

06-0035-T 4. Consideration of approving an amendment to a contract between the City of San Angelo and Varsity

Contractors for Janitorial Services (PUR-04-09), and authorizing the Mayor and/or Interim City Manager to execute said contract amendment

5. Consideration of confirming the Interim City Manager’s appointment of Rhea Cooke to serve a 1st term on the Civil Service Commission

6. Second Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo PD 12-02: Shannon Medical Center Downtown 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: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Consideration of adopting a Resolution declaring the intention of the City to continue the Hartford

Variable Annuity Life Insurance Company Deferred Compensation Plan; reserving the right to

terminate or amend the plan at any time; and, authorizing the City Manager, or Interim City Manager,

or his designee to execute such documents as he may deem necessary or desirable to carry out the

intent of this resolution and required under the plan to make the plan fully effective in accordance with

its terms

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 551.072 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

Addendum

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Meetings be Open, Section 555.071(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

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

G. PUBLIC HEARING AND COMMENT

7. Consideration of approving a license agreement with the San Angelo Health Foundation for the construction of a trail along the south bank of the North Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the Mayor, Interim City Manager or designee to execute said agreement (Presentation by Parks and Recreation Director Carl White)

8. Discussion and consideration of adopting a Resolution Authorizing the Interim City Manager or his designee to negotiate and execute a Development and Operating Agreement for Performing Arts Campus by and between the City Of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within city hall building; providing for funding responsibilities of the parties; and providing for related matters

(Presentation by Interim City Manager Michael Dane) 9. Discussion of City procedures regarding violations pertaining to Code of Ordinance Chapter 7, Section

7.303, entitled “Weeds and Vegetation”, specifically tall grass and weeds over 12 inches (Requested Councilmember Adams and Presentation by Code Compliance Manager James Flores)

10. First public hearing and consideration of introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Article 9.200 of the City of San Angelo Code of Ordinances by adding Section 9.209 related to temporary variances from City ordinances for Special Events on City property AN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,” ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUB-SECTION 9.209, ENTITLED “SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (Presentation by Civic Events Manager Anthony Wilson)

11. Discussion and possible action on authorizing the purchase of ball field netting at the Texas Bank Sports Complex (Presentation by Recreation Manager MaryAnn Vasquez)

12. Consideration of adopting a Resolution declaring the intention of the City to continue the Hartford Variable Annuity Life Insurance Company Deferred Compensation Plan; reserving the right to terminate or amend the plan at any time; and, authorizing the City Manager, or Interim City Manager, or his designee to execute such documents as he may deem necessary or desirable to carry out the intent of this resolution and required under the plan to make the plan fully effective in accordance with its terms (Presentation by Director of Human Resources Lisa Marley)

Addendum

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13. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto (Presentation by Budget Manager Morgan Trainer)

14. Public Hearing and consideration of approving and adopting a Resolution authorizing the adoption of the 2012-2017 Capital Improvement Plan for the City of San Angelo

(Presentation by Budget Manager Morgan Trainer)

15. Discussion and possible action related to the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program (Presentation by Assistant City Manager Elizabeth Grindstaff)

16. Consideration of adopting a Resolution implementing Drought Level II of the City’s Water Conservation and Drought Contingency Plan (Presentation by Director of Water Utilities Will Wilde)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

17. Consideration of matters discussed in Executive/Session, if needed 18. 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, Friday, April 13, 2012, at 11:30 P.M.

____________________________ Bryan Kendrick, Deputy City Clerk

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P R O C L A M A T I O N WHEREAS, the global community now faces extraordinary challenges, such as

global health issues, food and water shortages, and economic struggles; and

WHEREAS, all people, regardless of race, gender, income, or geography, have

a moral right to a healthy, sustainable environment; and

WHEREAS, it is understood that the citizens of the our community must step forward and take action to become good stewards of our environment; and

WHEREAS, this stewardship can be achieved on the local level through

educational efforts, public policy, and strong volunteer organizations such as Keep San Angelo Beautiful; and

WHEREAS, let it be known that the City of San Angelo hereby encourages its

residents, businesses and institutions to use EARTH DAY to celebrate the Earth and commit to the stewardship of our environment;

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim Sunday, April 22, 2012 as “EARTH DAY” and encourage each citizen to salute these committed volunteers who work to keep the process of democracy alive and well in our community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 17th day of April, 2012.

THE CITY OF SAN ANGELO ___________________________

ALVIN NEW, MAYOR

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F O R I M M E D I A T E R E L E A S E

March 5, 2012

CONTACT: Stacey Laird Dicke, Parks & Recreation Director

110 Golf Course Rd. New Braunfels, TX 78130

(830) 660-3087 [email protected]

Civic League Park Receives Lone Star Legacy Designation

The Woodlands, Texas – Nine Texas parks were honored with designation as an inaugural Lone Star Legacy Park by the Texas Recreation and Parks Society (TRAPS) in a ceremony at the association’s annual institute in The Woodlands on February 29, 2012.

A Lone Star Legacy Park is classified as a park that holds special prominence in the local community and the state of Texas. To qualify for consideration, the park must have endured the test of time and become iconic to those who have visited, played and rested on its grounds. Nominated parks had to meet at least one of the following criteria:

• The property represents distinctive design and/or construction.

• The park is associated with historic events or sites.

• The park is associated with events specific to the local community/state.

• The park is home to unique natural features.

“The purpose of the designation is to recognize what a park means to a particular community,” said Stacey Dicke, Board Member.

Lone Star Legacy Parks must be a minimum of 50 years old. A Lone Star Legacy Park holds special prominence in the local community and the state of Texas. These parks have endured the test of time and have become iconic to those who have visited, played and rested on their grounds. A designation as a Lone Star Legacy is one of the highest honors that can be bestowed on a park.

Parks have played an important role in the development of our communities throughout history. Much like Main Streets helped to provide commerce and identity, local parks helped to promote community, natural respite and social interaction as communities were founded,

mailto:[email protected]

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developed and prospered and all parks so designated will be included in a state-wide initiative promoting Heritage Tourism.

Nine parks in Texas received the honor in the first year of the program including Zilker Park, Austin; Botanic Gardens, Fort Worth; San Gabriel Park, Georgetown; Heritage Park, Grapevine; Landa Park, New Braunfels; Haggard Park, Plano; Civic League Park, San Angelo; San Pedro Springs Park, San Antonio; and Walnut Springs Park, Seguin.

TRAPS is a non-profit, professional and educational organization founded 70 years ago with a membership of over 2,000 professionals. TRAPS is committed to advancing the field of parks, recreation and leisure services in Texas, while advocating for enhanced recreation opportunities and the increase of public green space for Texans. www.traps.org

http://www.traps.org/

Memo Date: April 9, 2012 To: Mayor and Council Members From: Robert Salas, Neighborhood & Family Services Director Subject: Special Recognition for April 17, 2012 Council Meeting Contact: Robert Salas 657-4274 Caption: Special Recognition Consideration of special recognition for James Flores, Manager Code Compliance for his tireless efforts toward neighborhood revitalization by organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly and/or disabled citizens. -------------------------------------------------------------------------------------------------------------------------------------------

Summary: On April 1, 2012 James Flores received the “Unsung Heroes” award from the West Texas Organizing Strategy (WTOS) for his efforts toward neighborhood revitalization through his efforts in organizing and leading the monthly Keep San Angelo Beautiful trailer run for elderly/disabled citizens which provides citizens an opportunity to discard junk and trash that they are unable to do so by themselves. This helps both the homeowners and city by helping to maintain yards and neighborhoods in a neat and orderly manner. The city staff wishes to recognize James’ selfless commitment and dutiful efforts to accomplish the neighborhood revitalization mission. History: Each month, James organizes volunteers from Keep San Angelo Beautiful, city employees, and other community volunteers to assist in the cleanup of junk and trash at homes belonging to elderly and/or disabled homeowners that has become or has the potential to become a code violation. James hauls the trailer using his own personal truck and not only leads the effort, but works hard loading and unloading the trailer. Over the past several years, his efforts have led to the collection of 36-40 tons of discarded trash per year from neighborhoods targeted for revitalization. Financial Impact: None. Related Goal Item: Neighborhood Revitalization. Other Information/Recommendations: Staff recommends approval. Attachments: None Presentation: None. Publication: None. Reviewed by Service Area Director: N/A

City of San Angelo

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 413 Tuesday, April 3, 2012 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, April 3, 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 Father James Hademenos of the Greek Orthodox, Assumption of the Virgin Mary and pledge was led by Wesley Aaron Kuehn, Senior at Central High School.

PROCLAMATION AND RECOGNITION

“Eagle Scout Designation to Wesley Aaron Kuehn”, was accepted by Mr. Kuehn for successfully completing all requirements for Scouting's highest rank in honor of his achievement. Donna Osborne, Economic Development Coordinator, on being selected as the first recipient of the Alliance of Texas Angel Networks - Excellence in Leadership Award for her leading role with the Concho Valley Angel Network.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE MARCH 20, 2012 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID(S) AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

VM-03-12: Ambulance Chassis, Caldwell Chevrolet via Buyboard Contract #358-10, $51,926.00 VM-04-12: Ambulance Box Remounts, Frazer Bilt via HGAC Contract #AM04-10, $86,400.00

CONSIDERATION OF SELECTING OF GAJESKE, INC. FOR RFP WU-02-12 LAKE PUMPING SYSTEM TO TRANSFER WATER FROM THE SOUTH POOL OF TWIN BUTTES RESERVOIR TO THE NORTH POOL AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

APPROVAL OF ADDITIONAL PURCHASES FROM RFB VM-09-11 FOR TWO (2) LIGHT DUTY VEHICLES FROM JIM BASS FORD IN THE AMOUNT OF $43,449.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

Minutes Vol. 103 April 3, 2012 AWARD OF RFB PRO-01-12 MODULAR MANUFACTURED BUILDING BEHIND FIRE STATION #2, 4702 SOUTHLAND TO CHRIS LEITH AUTOMOTIVE, INC. IN THE AMOUNT OF $25,001.00 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

AWARD OF RFB PRO-02-12 FIRE STATION #5, 2727 FREELAND AVENUE TO MIGUEL DURAN IN THE AMOUNT OF $61,100.00, AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

AUTHORIZATION FOR THE SALE OF THE FOLLOWING RESIDENTIAL PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:

2534 Sleepy Hollow (Brinlee), Lot 15, Group Fishermans Road, $90,916.00 6413 Lincoln Park Road East (Camper), Lot 4, Group Lincoln Park, $26,945.00 1610 Shady Point Circle Drive (Mason), Lot 62, Group Shady Point, $25,704.00 2590 Sleepy Hollow (Nixon), Lot 32, Group Fishermans Road, $84,108.00 6422 Lincoln Park Road West (Reed), Lot 27A, Group Lincoln Park, $26,981.00

ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE TWO RELEASES OF EASEMENT FOR WATER PIPELINE RELATING TO REALIGNMENT OF THE HICKORY AQUIFER WATER SUPPLY PROJECT WATER PIPELINE; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX A, PAGE 419, RESOLUTION #2012-04-046R)

ADOPTION OF A RESOLUTION TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION IN THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION 2012 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $14,070.00 WITH A STATE MATCH OF $87,935, TO CREATE A TOTAL TRUST FUND OF $102,005.00 (ANNEX B, PAGE 421, RESOLUTION #2012-04-047R)

CONSIDERATION OF APPROVING OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES ON JUNE 22-24, 2012, AT LAKE NASWORTHY

APPROVAL OF VARIANCES TO THE CITY CODE FOR THE WAKEBOARD TOURNAMENT ON JULY 20-22, 2012, AT LAKE NASWORTHY

AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT WITH GOODFELLOW AIR FORCE BASE FOR FIRE PROTECTION AND HAZARDOUS MATERIALS INCIDENT RESPONSE

AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO APPLY FOR A GRANT FOR EXERCISE EQUIPMENT THROUGH THE EVA CAMUÑEZ TUCKER FOUNDATION AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE RELATED DOCUMENTS

AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO PARTICIPATE IN THE 2012 MUSCULAR DYSTROPHY ASSOCIATION (MDA) FILL THE BOOT CAMPAIGN ON APRIL 25TH, 26TH, AND 27TH

AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A FIRST ADDENDUM TO AGREEMENT FOR WASTE COLLECTION AND DISPOSAL AND LANDFILL LEASE AND

Minutes Page 415 April 17, 2012 Vol. 103 OPERATION BETWEEN THE CITY OF SAN ANGELO AND REPUBLIC WASTE SERVICES OF TEXAS

Motion, to approve the Consent Agenda, as presented, with the exception of WU-02-12 and Drag Boat Race items, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

SELECTION OF GAJESKE, INC. FOR RFP WU-02-12 LAKE PUMPING SYSTEM TO TRANSFER WATER FROM THE SOUTH POOL OF TWIN BUTTES RESERVOIR TO THE NORTH POOL AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS Water Utilities Director Will Wilde presented background information. General discussion was held on the project timeline, aquatic life within the pools, existing pump and natural movement of the water, water storage capacity, project not approved during the budget process; providing vendors experience, including other projects completed; designating the water fund as the funding source, and evaporation of the water. Mr. Wilde informed staff is preparing to begin the project in June depending on the amount of rain received between now and then and in the event of the Stage II Drought Conservation Plan. He noted the vendor is aware the project may or may not occur. Council directed staff to present an accelerated schedule should Council want to proceed sooner. Motion, to approve, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Alexander. Motion carried unanimously. Mr. Wilde informed staff will present a future budget amendment, and then further action will by City Council to begin the project. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison and Farmer. Motion carried 5-2. APPROVAL OF VARIANCES TO THE CITY CODE FOR THE DRAG BOAT RACES ON JUNE 22-24, 2012, AT LAKE NASWORTHY Civic Events Manager Anthony Wilson presented background information. Motion, to approve, as presented, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously. PRESENTATION AND UPDATE ON THE HICKORY AQUIFER WATER SUPPLY PROJECT Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the project timeline, designing duplicated project task in order to accelerate the project, and possibly beginning the planning phases earlier. In conclusion, based on the sense of urgency to move forward, City Council directed staff to move forward with completing any duplicated processes that may be conducted with either the reverse osmosis or ion exchange process. Mr. Wilde noted staff is working on such project task, e.g. site layout, and the projected water delivery date is March 2012 for the 30” pipeline. Public comment was made by citizen and SMD1 Candidate Bob Banskter.

Minutes Vol. 103 April 3, 2012 RECESS

At 10:18 A.M., Mayor New called a recess.

RECONVENE

At 10:32 A.M., Council reconvened, and the following business was transacted:

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

PD 12-02: Shannon Medical Center Downtown 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: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo changing the zoning classification from Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY 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 Adams and seconded by Councilmember Farmer. Public comment was made by Shannon CEO Brian Horner in support of the ordinance. A vote was taken on the motion on the floor. Motion carried unanimously. DISCUSSION TO AMEND THE ANIMAL CONTROL ORDINANCE, CHAPTER 3, ARTICLE 3.2002 ENTITLED “CHAINING OF DOGS PROHIBITED AS PRIMARY ENCLOSURE” Requested by Councilmember Morrison, he briefly reviewed Ms. Sylvia Martinez’s request from the February 7, 2012 Council meeting. He suggested eliminated the tethering ordinance or to amend the ordinance allowing a running line, pulley, or trolley system. Motion, to remove the language regarding tethering of a dog from the ordinance, was made by Councilmember Morrison and seconded by Councilmember Silvas. Health Services Manager Sandra Villarreal presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on funding for a specific city program to provide assistance for the installation of fencing and mirroring the state statute. Councilmembers Morrison and Silvas withdrew their motion. Motion, to amend the ordinance allowing the installation of a running line, pulley, or trolley system, in accordance with state law, was made by Councilmember Morrison and seconded by Councilmember Silvas. Councilmembers Morrison and Silvas withdrew their motion.

Minutes Page 417 April 17, 2012 Vol. 103 Motion, to amend the ordinance regarding tethering of an animal to mirror state law (Chapter 821, Subchapter D: Unlawful Restraint of Dog (Texas Health and Safety Code), specifically adding Statute Sec. 821.078. EXCEPTIONS 1 & 3 to mirror state statute, was made by Councilmember Morrison and seconded by Councilmember Silvas. Public comments were made by Animal Shelter Board (ASB) member Tom Maurer, former ASB member Bill Lockett, and Citizen Jim Turner. General discussion was held on the 2009 revision to the ordinance, the Animal Shelter Board’s recommendation, and the amount of time spent discussing this item in prior meetings. A vote was taken on the motion on the floor. AYE: Morrison, Silvas, and Adams. NAY: New, Alexander, Hirschfeld, and Farmer. Motion failed 3-4. Mayor New stated the Ordinance will remain in effect as stated and approved in 2009.

RECESS

At 11:53 A.M., Mayor New called a recess.

RECONVENE

At 12:01 P.M., Council reconvened, and the following business was transacted: APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS: Civic Events Board: Courtney Mahaffey (SMD4) to an unexpired term October 2014 Construction Board of Adjustment & Appeals: Casey Deering (SMD3) to an unexpired term February 2013 and Roland Allen (SMD5) to a 2nd full term February 2014 Zoning Board of Adjustments: David Nowlin (SMD3) to a 2nd full term January 2014, Chuck Shore (SMD5) to a 2nd full term January 2014, and John Rowland (SMD6) to a 2nd full term January 2014 Motion, to approve various board nominations by Council and designated Councilmembers, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously.

RECESS

At 12:04 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:17 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 555.071(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 12:59 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

Minutes Vol. 103 April 3, 2012 RECESS

At 12:29 P.M., Mayor New called a recess.

RECONVENE

At 1:44 P.M., Council reconvened, with the exception of Mayor New and Councilmember Adams, and the following business was transacted. Mayor Pro Tempore Farmer facilitated the meeting. DISCUSSION OF 2012-2017 CAPITAL IMPROVEMENT PLAN Budget Manager Morgan Trainer presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on public meeting comments, specifically Parkview Lake, and projects listed under Street Reconstruction and Stormwater Quality Management. Mayor New and Councilmember Adams arrived to the meeting at 1:48 p.m. Interim City Manager Michael Dane explained approval of the resolution provides approval of the identified projects. He noted staff is fulfilling the mission to identify and prioritize projects as outlined in the Charter. Any project funding or prioritization will be discussed and allocated during the budget discussions. Councilmember Alexander suggested staff provide a summary of added and deleted projects. Council concurred. SELECTION OF STRATEGIC GOVERNMENT RESOURCES (SGR) AS THE EXECUTIVE SEARCH FIRM FOR CONSIDERATION OF THE RECRUITMENT OF THE CITY MANAGER POSITION

• Robert Slavin, President, Slavin Management Consultants • Alan Taylor, Senior Vice President, Strategic Government Resources (SGR) Interim City Manager Michael Dane recused himself from the discussion. Human Resources Director Lisa Marley presented background information and introduced Mr. Slavin. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on how many applicants would be recruited before a selection of the most qualified candidates is established, the number of applicants within Texas; establishing the “fit” criteria within the organization and how such will be ascertained after meeting with Council, the committee, or a designee, as well as during the interview process. Mr. Taylor provided a brief overview of his presentation made at the March 20, 2012 City Council meeting. Further discussion was held on the consultant’s two year guarantee, the process for applicants within the City of San Angelo, expenses for the search, and whether the consultants had a “stable” of candidates and the ethical implications of such. Motion, to select SGR as the executive search consultant for the recruitment of the City Manager position, as presented, was made by Councilmember Farmer and seconded by Councilmember Morrison. Motion carried unanimously.

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 April 17, 2012 Agenda and solicited Council

Minutes Page 419 April 17, 2012 Vol. 103 comments and suggestions.

Mr. Dane informed staff will be reviewing and amending the contract with Two Pro Management for the Santa Fe Golf Course regarding advertising within the course. He noted based on this review, he will direct Parks and Recreation Director Carl White to pull the zoning application previously submitted to change the zoning classification for the golf course.

Councilmembers Morrison and Alexander announced they would be absent from the April 17, 2012.

ADJOURNMENT

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

The meeting adjourned at 3:08 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-B 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: April 13, 2012

To: Mayor and Council members

From: Tim Vasquez, Chief of Police

Subject: Agenda Item for April 17, 2012 Council Meeting

Contact: Ryan L. Jansa, Budget Analyst, 657-4262

Caption: Consent Agenda Item

Consideration of awarding a Houston-Galveston Area Council (HGAC) Purchasing Co-operative bid (PD-02-12) for Sprint for air card service in the amount of $62,455.56 and authorizing the City Manager or his designee to execute any necessary related documents.

Summary: The purpose of this request is for the authorization to purchase air card service for the Police Department, Municipal Court, and Fire Department. This purchase is to be made through the HGAC purchasing co-op, authorized by the State of Texas for municipality purchases.

History: The San Angelo Police Department began utilizing air cards in patrol cars in 2010. This cellular air card service is for data connectivity from Public Safety Dispatch to approximately 112 vehicles. The data connection allows the Officers to utilize their in-car computers to receive calls for service and run checks on suspects while on patrol. The Fire Department is planning to add air card service within the next 12 months in approximately 25 vehicles.

Financial Impact: The San Angelo Police Department has the funds in the current budget for the annual Sprint air card service and the anticipated financial impact will be $51,058.56 annually. The Fire Department anticipates an annual cost of $11,397.00 for a total contract of $62,455.56.

Other Information/ Recommendation:

Staff recommends approval.

Attachments: Sprint HGAC Contract #CW05-02

Presentation: None

Reviewed by: Chief Tim Vasquez, Police Department, 3/27/12 Brian Dunn, Fire Chief, 3/28/12

Memo Date: March 1, 2012

To: Mayor and Council Members

From: Roger S. Banks, Purchasing, Division Manager


Contact: Diana Farris, Purchasing Manager, 657-4212

Caption: Consent Item

Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): 1. 610 E 42nd Street, (Gonzales), Lot 14, Block 47, Lake View Addition, $1,100, Suit No. B-06-0035-T 2. 20 W 11th Street, (Murillo), Lots 16 & 17, Block 53, Miles Addition, $2,500, Suit No. B-06-0064-T 3. 707 W 15th Street, (James), Lot 4, Block 4, Mineola Addition, $1,100, Suit No. TAX89-0557B

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: The 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 Sheriff’s Return, and (3) Properties will be reinstated back onto tax roll.

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

City of San Angelo

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 and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Juan and Laura Murillo, husband and wife 12 W 11th 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):

Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in deed dated April 29, 1958, from Minnie Pickens to Wallie Word, in Volume 396, Page 105, Deed Records of Tom Green County, Texas. Acct #1-34200-0053-014-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 10, 2008, in

Cause No. B-06-0064-T by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated November 20, 2009, and recorded in Instrument Number 678731, 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

Lots 16 & 17, Block 53, Miles Addition20 W 11th Street 100' x 100'

Copyright 2011 Esri. All rights reserved. Mon Mar 5 2012 03:29:14 PM.

c:\users\bryan.kendrick\desktop\04-17-12\3az murillo 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:

Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in deed dated April 29, 1958, from Minnie Pickens to Wallie Word, in Volume 396, Page 105, 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 678731, 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 JUAN & LAURA MURILLO, a married couple, for the consideration of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.

THE CITY OF SAN ANGELO

______________________________ Alvin New, Mayor

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

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:

Adjudge Value: 6,000.00$ 2 1/2 yrs

Amount of Offer: 2,500.00$

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 474.00$ 474.00$ 0.00% 474.00$ Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$ Attorney Fee 365.00$ 365.00$ 0.00% 365.00$ Municipal Liens 2,010.75$ 33.54% 406.15$ 406.15$ Taxes 3,984.69$ 66.46% 804.85$ 804.85$ Total 1,289.00$ 5,995.44$ 1,289.00$ 100.00% 1,211.00$ 2,500.00$

Actual Total Amt Due 7,284.44$

Amount Remaining 1,211.00$

PROPERTY ANALYSISFor Tax Resale Property

November 3, 2009

100' x 100'

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

Amounts Due

March 10, 2008

November 23, 2009

Lots 16 and 17, Block 53, Miles Addition, an addition to the City of San Angelo, TomGreen County, Texas, as described in deed dated April 29, 1958, from Minnie Pickensto Wallie Word, in Volume 396, Page 105, Deed Records of Tom Green County,Texas.

B-06-0064-T

20 W 11th Street

Wallie Word

19-34200-0053-014-00

Unimproved

Years Held in Trust:

Lot 4, Block 4, Mineola Annex Addition707 W 15th St 50' x 150'

Copyright 2011 Esri. All rights reserved. Wed Dec 21 2011 03:19:54 PM.

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



Adjudge Value: 2,500.00$

PROPOSED Offer: 1,000.00$


Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 267.69$ 267.69$ 0.00% 267.69$ Sheriff's Fee 120.61$ 120.61$ 0.00% 120.61$ Attorney Fee 63.06$ 63.06$ 0.00% 63.06$ Municipal Liens 1,142.93$ 55.79% 110.82$ 110.82$ Taxes 905.71$ 44.21% 87.82$ 87.82$ Total 801.36$ 2,048.64$ 801.36$ 100.00% 198.64$ 1,000.00$ Actual Total Amt Due 2,850.00$ Amount Remaining 198.64$

Amounts Due

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

50' x 100'

J.C. Clay

19-34200-0053-013-00

April 22, 1996

July 9, 1998

October 29, 1998 Years Held in Trust 13 1/2 yrs

24 E 11th Street


Lot 15, Block 53, Miles Addition, as described in Volume 334, Page 265, DeedRecords of Tom Green County, Texas.

Unimproved

B-94-0062-T

c:\users\bryan.kendrick\desktop\04-17-12\3b james resolution.doc




Lot 4, Block 4, Mineola Annex Addition, City of San Angelo, as described in Volume 290, Page 515, 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 518, Page 362, 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 VANESSA SIMONE JAMES, a single person, for the consideration of One Thousand One Hundred and 00/100 Dollars ($1,100.00) 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, San Angelo Independent School District and County Education District #9

P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Vanessa Simone James, a single person 2302 Brown 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 4, Block 4, Mineola Annex Addition, City of San Angelo, as described in Volume 290, Page 515, Deed Records of Tom Green County, Texas. Acct #20-35000-0004-004-00

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

Cause No. TAX89-0557B 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 February 21, 1996, and recorded in Volume 518 Page 362, Official Public Records of Real Property, 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.





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 itself, Tom Green County and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Arthur and Gracie Gonzales, husband and wife 612 E. 42nd 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 14, Block 47, Lake View Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 263, Page 509, Deed Records of Tom Green County, Texas. Att.#16-30900-0047-013-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 14, 2007, in

Cause No. B-06-0035-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 March 31, 2008, and recorded in Instrument Number 649596, 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.





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:

Lot 14, Block 47, Lake View AdditionNext to 612 E 42nd Street 50' x 160'

Copyright 2011 Esri. All rights reserved. Thu Mar 1 2012 10:04:06 AM.

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



Adjudge Value: 3,799.00$

Amount of Offer: 1,100.00$


Administration Fee 350.00$ 350.00$ 0.00% 350.00$ Maintenance Fee -$ 0.00% -$ District Clerk 333.00$ 333.00$ 0.00% 333.00$ Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$ Attorney Fee 275.00$ 275.00$ 0.00% 275.00$ Municipal Liens 277.00$ 8.96% 3.76$ 3.76$ Taxes 2,814.00$ 91.04% 38.24$ 38.24$ Total 1,058.00$ 3,091.00$ 1,058.00$ 100.00% 42.00$ 1,100.00$

Actual Total Amt Due 4,149.00$

Amount Remaining 42.00$


March 4, 2008

50' x 160'

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

Amounts Due

June 14, 2007

April 7, 2008

Lot 14, Block 47, Lake View Addition, an addition to the City of San Angelo, TomGreen County, Texas, as described in Volume 263, Page 509, Deed Records of TomGreen County, Texas.

B-06-0035-T

610 E 42nd Street

Margret J. Mitchell

16-30900-0047-013-00

Unimproved

c:\users\bryan.kendrick\desktop\04-17-12\3c gonzales resolution.doc




Lot 14, Block 47, Lake View Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 263, Page 509, 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 649596, 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 ARTHUR & GRACIE GONZALES, a married couple, for the consideration of One Thousand One Hundred and 00/100 Dollars ($1,100.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.


______________________________ Alvin New, Mayor


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

Click here for instructions. City of San Angelo


To: Mayor and Councilmembers

From: Ron Lewis, Construction and Facilities Maintenance

Subject: Consent Agenda Item for April17, 2012 Council Meeting

Contact: Ron Lewis, 481.2773

Caption: Consent

Consideration of approving an amendment to a contract between the City of San Angelo and Varsity Contractors for Janitorial Services, and authorizing the Mayor and/or City Manager to execute said contract amendment.

Summary:

The City of San Angelo entered into a contract for Janitorial Services with Varsity Contractors in April 2009. The initial term of the contract was for two years with an optional one year extension. The Contractor was required to notify the City in writing as to their intent to extend the contract for an additional one year term 90 days prior to the end of the initial term (April 30, 2011). Contractor failed to notify. Staff reviewing contract of services found this oversight in March 2012. Staff desires to amend the contract to bring the contract into compliance and extend for an additional six months to accommodate the move back to City Hall and the Community Development Office Building. Staff is presently preparing new specifications to issue an RFB for Janitorial Services by late May 2012. Bids are expected to be received and evaluated later this summer and brought back to City Council for award.

History: Building Maintenance and the Purchasing Department prepared RFB: PUR-04-09 for Janitorial Services for several City facilities. The City Council awarded the bid and original contract on April 21, 2009.

Financial Impact: $9,567 per month annually budgeted in several different City department accounts.

Related Vision Item

(if applicable):


Staff recommends approval to amend the contract with Varsity Contractors for an additional six months.

Attachments: First Amendment, Original Agreement signed, Exhibit “A“ , Exhibit “B”

Presentation: NA

Publication: NA

Reviewed by Director:

Emailed to Rick Weise, Assistant City Manager 4-10-2012

Approved by Legal: 4-10-2012

1

FIRST AMENDMENT TO JANITORIAL SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF SAN ANGELO and VARSITY CONTRACTORS

WHEREAS, the City of San Angelo, Texas (“City”) and Varsity Contractors, Inc. dba

Varsity Contractors (“Contractor”) have previously executed a Janitorial Service Agreement,

effective on April 21, 2009 (“Agreement”); and,

WHEREAS, City and Contractor wish to amend the terms of the Agreement to extend the

initial term through April 30, 2012 and to provide for an option to extend for an additional six

months; and,

WHEREAS, the parties wish to amend from time to time by mutual agreed change order

the scope of services as provided at paragraph number 1. “Services”, and Exhibits “A” and “B” to

the Agreement to designate alternate locations for services to be rendered as City relocates certain

offices and adjusting payment due contractor as necessary to reflect any change in the scope of

services to be rendered; and,

WHEREAS, Contractor desires to amend the notice provision of the Agreement, Paragraph

number 15 “Notices”:

NOW, THEREFORE, in consideration of the mutual promises contained herein, City and

Contractor agree as follows:

I. Section 2. “Term” is hereby amended to read as follows:

2

“This Agreement shall be in effect from May 1, 2009 through April 30, 2012. Contractor

shall have the option to extend the term of this agreement for an additional six months by

giving written notice thereof to City prior to expiration of the term as amended.”

II, Section 1 “Services” is hereby amended by adding the following paragraph:

“The parties shall amend from time to time, by mutually agreed to change order, the scope

of services as provided at paragraph number 1. “Services”, and Exhibits “A” and “B” to the

Agreement to designate alternate locations for services to be rendered as City relocates

certain offices and adjusting payment due contractor as necessary to reflect any change in

the scope of services to be rendered.”

III. Section 15. ”Notices” shall be amended by re-designating the contact for notice to

Contractor to read as follows:

To Contractor at:

Varsity Contractors

Attn: Michael Franssen, District Manager

1250 S. Capital of Texas, Bldg 3,Ste 400

Austin, TX 76903

IV. All provisions of the Janitorial Service Agreement dated April 21, 2009, attached as Exhibit

“C”, not amended by this First Amendment are adopted by reference thereto as if fully set forth

herein and shall remain in full force and effect during the amended term of this Agreement and for

any extension thereof.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to

Janitorial Service Agreement to be executed in duplicate.

4

ATTEST:

CITY OF SAN ANGELO

By:

Alicia Ramirez, City Clerk

Michael Dane, Interim City Manager

VARSITY CONTRACTORS, INC.

ATTEST:

BY:

5

FIRST AMENDMENT TO JANITORIAL SERVICE AGREEMENT BY AND BETWEEN CITY OF SAN ANGELO AND VARSITY CONTRACTORS, INC.

APPROVED AS TO CONTENT APPROVED AS TO FORM

______________________________ __________________________________

Ron Lewis, Facilities/Maintenance Lysia H. Bowling. City Attorney

Manager

City of San Angelo



From: Lisa Marley, Director of Human Resources & Risk Management


Caption: Administrative Item

Consideration of Civil Service Commission nomination by City Manager and approval by City Council.

Summary: In January 2012, Royce Burrows resigned as Commissioner of the Civil Service Commission having served on the Commission since 2006. A search has been underway to fill that vacancy. Presently Raul Lopez and Teresa Special are appointed to the Commission with term expiration dates of January 2013 and January 2014, respectively. At present, there is one vacancy on the three-member Commission. History: In accordance with the Local Government Code 143, members of the Civil Service Commission are appointed by the City Manager and approved by the City Council. The term of office for each Commissioner is a three (3) year term. There is no term limitation for Commission members. The principle role of the Commission is to hear appeals on disciplinary actions, terminations or promotional examinations with the focus being on whether or not the civil service rules and regulations are being obeyed.

Financial Impact: None. Other Information/Recommendation: All Commissioners shall be of good moral character, a citizen of the United States, a resident citizen of San Angelo, shall have resided in San Angelo for a period of more than three (3) years, shall be over the age of twenty-five (25) years, and shall not have held any public office within the preceding three (3) years. Having met these requirements, it is recommended that Rhea Cooke be approved as Commissioner. Attachments:

• Application for Boards & Commissions for Rhea Cooke. Reviewed by Service Area Director: Lisa Marley, Director of Human Resources & Risk

Management, April 5, 2012.

City of San Angelo

Memo

Meeting Date: April 3, 2012

To: City Council members

From: Kari LeBoeuf, Planner

Subject: PD 12-02, a request for a zone change from a combination of Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District to allow for the expansion of the Shannon Downtown Medical Campus.

Location: 120 East Harris Avenue encompassing the area known as the

Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo

Purpose: To allow for the cohesive expansion of Shannon Medical Center

Downtown and associated accessory uses.

Contacts: Dale Droll, Shannon representative 325-657-8233

Kari LeBoeuf, Planner 325-657-4210 AJ Fawver, Planning Manager 325-657-4210

Summary: The City Council may:

(1) approve the proposed planned development as presented;or

(2) modify the application to another zoning district believed to be more appropriate; or

(3) modify the proposed planned development with additional conditions believed to be more appropriate; or

(4) deny the proposed planned development. Recommendation: Planning Commission, by a unanimous vote of 7-0, and Planning staff recommends approving the proposed Planned Development.

History and Background:

General Information

Existing Zoning: a combination of General Commercial/Heavy

Commercial (CG/CH), General Commercial (CG), and Low-Rise Multifamily Residential (RM-1)

Existing Land Use: Hospitals, medical offices, parking lots Surrounding Zoning/Land Use: North: RM-1 Central High Freshman Campus West: CBD First Christian Church, Shannon parking lots South: CG/CH Shannon parking lots & clinic, Residences East: CG/CH Various commercial activities

Thoroughfares/Streets: Beauregard Avenue is classified as an “arterial”

street and is designed to carry heavy traffic throughout the downtown.

Main Street is classified as an “arterial” street and

is designed to carry heavy traffic throughout the city.

Harris Avenue is classified as an “arterial” street

and is designed to carry heavy traffic throughout the city.

Oakes Street is classified as a “local” street. This

street carries a fair amount of traffic like a

“collector” but at the slower speed of a “local” street.

Magdalen Street is classified as a “local” street

and is designed to carry light traffic and slower speeds.

College Avenue is classified as a “local” street and

is designed to carry light traffic and slower speeds.

Koberlin Street is classified as a “local” street and

is designed to carry light traffic and slower speeds.

Woodrow Street is classified as a “local” street

and is designed to carry light traffic and slower speeds.

Zoning History: This area has been zoned for commercial and

multi-family residential use since at least 1969. Applicable Regulations: Zoning Ordinance Section 306.A.1. “The purposes of the Planned Development District

include…allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.”

Section 306.A.4. “The purposes of the Planned Development District

include…promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities.”

Section 306.A.5. “The purposes of the Planned Development District

include…promote the development of vacant property within the presently developed urban area.”

Section 306.B.1. Allowed uses include “Any use or combination of

uses otherwise authorized by these zoning regulations…if such use or uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council. Allowable uses shall be listed in a use schedule in the specific ordinance establishing each PD District.”

Section 306.B.2. “It is intended that PD Districts conform as closely as

possible to established zoning and subdivision regulations while still allowing maximum flexibility of design to make planned developments as desirable as possible.”

Section 306.B.3. “Conditions specified for the development of a PD

District shall be construed as conditions precedent to the granting of a Certificate of Occupancy by the Building Official and compliance as required by the City of San Angelo.”

Section 505.A.1. “If a Planned Development District ordinance does

not establish specific guidelines for land uses, landscaping, facade treatment, screening, setbacks, signage, parking, etc., then the minimum standards of the most similar district shall apply, based on an interpretation by the Planning Director.”

Vision Plan Map: Downtown Comp Plan Excerpts: Comprehensive Plan 2009 Update Discovery, The Place, Institutional Campuses: “institutions in cities the size of San Angelo are

typically the sole identity driver for the districts and neighborhoods where they are located. As such, the area immediately in and around the anchor assumes that identity as their theme.”

Discovery, The Place, Institutional Campuses: “institutions are largely ignoring the community

around them and effectively operating as islands. Significant opportunities exist to reach out and create districts with complementary and auxiliary uses that lend themselves to more attractive, pedestrian-friendly, walkable environments.”

Vision Plan, Vision Plan Summary,

Campus/Institutional, College/University Campus: Goal 1: Purpose: “To improve the standing of

community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole.”

Visioning, Sub-District Concepts, Concept 3-

Isolated Institutional Campuses: “institutions, both academic and health care, have

historically focused on, and master planned, entirely within their own boundaries…a select few cutting-

edge institutions have re-oriented their consciousness, seeking out opportunities to be a “good neighbor,” to plan beyond their walls, and facilitate development of mixed-use environments within and adjacent to their boundaries.”


Isolated Institutional Campuses: “The City of San Angelo, together with…medical

providers (key institutions), could plan a series of campus environments beyond the “institutional walls,” allowing for a seamless and essential transition to adjacent neighborhoods.”


Isolated Institutional Campuses: “The medical industry has been and will continue to

be an important part of San Angelo’s economy. The quality of health care and ease of access to it is mentioned repeatedly as a factor of quality-of-life in San Angelo.”


Isolated Institutional Campuses: Urban Design Elements to move Shannon toward being a good neighbor: “New uses balanced with complementary auxiliary uses that employees and guests of hospitals look for;” “Hospital expansion areas;” “Pedestrian-friendly streetscape and public places;” “Landscape ordinance;”

Downtown, Revitalization Strategies, Strategy 5-

Medical/Educational Campus: “In an effort to connect neighborhoods and

commercial areas to…community anchors, institutions like Shannon Hospital should transition into more campus-like environments.”

Downtown, Catalyst Concepts, Catalyst 3-

Shannon Medical District Infill: “Shannon Medical Center…this institutional

assemblage is the primary identity driver in this portion of Downtown and, as such, is potentially the primary catalyst for change in an area largely dominated by parking lots, excessive paving, and dilapidated structures. With expansion of their facilities highly likely, and given the sensitive nature of Shannon’s location in Downtown and adjacency to fragile interior neighborhoods,

growth should be planned carefully and deliberately.”

Downtown, Catalyst Concepts, Catalyst 3-

Shannon Medical District Infill: Urban Design Elements for Catalyst 3:

“Buildings used to scatter parking in multiple directions of the hospital, minimizing distances;” “Internalized parking within the block and shared with complementary uses;” “Improved “campus” environment;” “Improved streetscapes, continuous sidewalks, and pocket parks;” “Range of housing opportunities for both patients and employees near the hospital, including lofts, townhomes, and live-work/home-office units;” “Loft buildings and townhomes, office space for medical practices and supporting commercial;” “Establish district boundaries;” “Evaluate potential for land assemblages”

Special Information

Traffic Concerns: Though an expansion could increase traffic through downtown, the streets are fully improved and an increase in traffic will make for a more viable downtown for all businesses and visitors.

Parking Requirements: Please see draft ordinance Section 8 Parking Provided: Yes Notification Required: Yes Notifications Sent: 42

Responses in Favor: Responses in Opposition:

Analysis:

In order to approve this request, the City Council members are first required to find: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below.

Planning Commission and Planning staff are recommending approval of this Planned Development (PD) District for several reasons. This proposed PD is compatible with the plans and policies of the City of San Angelo, is consistent with the City’s Zoning Ordinance, and will be compatible with the surrounding downtown area. This proposed PD will also fit in well with the development patterns the city desires in the downtown area as called for and illustrated in the Comprehensive Plan and the Vision Map. Section 306.A. of the Zoning Ordinance speaks to the several purposes of a Planned Development (PD) District, specifically stating that such districts should, “promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities” and “promote the development of vacant property within the presently developed urban area.” This proposed PD will accomplish these purposes by providing standards that offer the flexibility a campus needs to effectively and efficiently utilize its property, while ensuring that it is developed cohesively. Creating a PD for the Shannon campus will ensure that standards are in place that will benefit not only Shannon but also the community as a whole. Simply extending the Central Business District (CBD) zoning to encompass Shannon hospital and it’s various related buildings is not advisable as the CBD has some standards that would be detrimental to the citizens if allowed on the Shannon property. For example, the CBD does not require any off-street parking. This would obviously have a serious and detrimental effect on the downtown if Shannon did provide its own parking. This is one of several CBD regulations that necessitate a Planned Development for Shannon. Another purpose of a PD, as stated in

Section 306.A.1., is to “allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.” Zoning Ordinance section 306.B.1. states that allowed uses for a PD include, “Any use or combination of uses otherwise authorized by these zoning regulations…if such use or uses is consistent with, and meets the standards for, the concept plan and PD District approved by the City Council.” The Comprehensive Plan calls for facilities like Shannon to “transition into more campus-like environments” while striving “to improve the standing of community centers and public facilities as pillars of their local neighborhoods and central features of the community as a whole” and to be a “good neighbor.” One of the most prominent strategies outlined in the Comprehensive Plan to accomplish these goals is “to reach out and create districts with complementary and auxiliary uses that lend themselves to more attractive, pedestrian-friendly, walkable environments.” Another very important strategy is to plan “campus environments beyond the “institutional walls,” allowing for a “seamless and essential transition to adjacent neighborhoods.” Other strategies include, “pedestrian-friendly streetscape[s] and public place[s],” and a “landscape ordinance.” This proposed PD is an attempt to create a cohesive, distinctive, attractive campus environment that complements the surrounding downtown area, while moving toward full utilization of the vacant urban property that Shannon owns. The draft ordinance’s Section 5 lists several primary and accessory uses that Planning staff has determined are appropriate for a hospital campus. Section 11 of the draft ordinance outlines landscape standards for the campus. The draft ordinance also sets standards for the building facades, signage, parking and loading space, and other development standards that will fit in well with downtown. This proposed PD will result in changed conditions that will benefit the community as a whole as the Comprehensive Plan reports that, “The medical industry has been and will continue to be an important part of San Angelo’s economy. The quality of health care and ease of access to it is mentioned repeatedly as a factor of quality-of-life in San Angelo.” The various lots within this proposed PD boundaries currently have different zoning classifications and, therefore, different regulations for each lot which makes cohesive development of Shannon difficult. A PD for the campus will benefit those who work at and use Shannon as well as those within the downtown. This proposed PD could also have a positive impact on the natural environment as extensive landscaping is proposed throughout the campus. It will also have a positive impact on the pedestrian environment as a walkable, easily navigable campus with landscaping and other pedestrian amenities will make for a pleasant pedestrian experience. For all of the reasons stated above, the Planning Commission and the Planning staff is recommending approval of the proposed Planned Development District for the Shannon Medical Center Downtown.

Proposed Conditions

Please see draft ordinance.

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 ordinance;

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (enter a date here)

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: 120 East Harris Avenue, encompassing the area known as the Shannon Downtown Medical Campus, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block 21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo; a zone change from a combination of Low-Rise Multifamily Residential (RM-1), General Commercial (CG), and General Commercial/Heavy Commercial (CG/CH) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: PD 12-02: Shannon Medical Center

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 120 East Harris Avenue encompassing the area known as the Shannon Medical Center Downtown, more specifically being Shannon Medical Center Downtown, Block 22A, Section 1, Lot A, Shannon Medical Center Downtown, Block 1, Section 2, Lot A, Shannon Medical Center Downtown, Block 15A, Section 1, Lot A, Frary Addition, Block 2, Lots 1 thru 4, San Angelo Addition, Block 5, Lots 16 thru 20, San Angelo Addition, Block 21, Lots 1, 2, 5, 9, 10, 15 thru 20, the west 26.4’ of Lot 3, and the west 25’ of Lot 6, San Angelo Addition, Block

21½, Lot 1, San Angelo Addition, Block 22½, Lots 3 thru 12, Upton Addition, Block 22½, Lots 20-24 and the west 75’ of Lot 19, Miles Acre Lots, 22½, Lots 31 and 32, in central San Angelo shall henceforth be permanently zoned as follows: Planned Development (PD) District for a medical facilities campus. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

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

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: That the following are approved as allowed uses for the property previously described: A. Hospitals. Such use provides medical and/or surgical care to patients and

offers overnight care for said patients.

B. Medical office buildings. Such use provides medical and/or surgical care to patients with no overnight care provided for said patients.

C. Parking garages. Such use provides for a multi-story structure for parking for

the exclusive use of staff, trainees, patients, and their visitors. D. Housing facilities for staff or trainees. Such use shall provide living quarters

for the exclusive use of staff and/or trainees.

E. Housing facilities for visiting family of patients. Such use provides short-term (less than 30 days) living quarters for the visiting family of patients in care.

F. Accessory uses. Such uses shall be functionally connected with the operation

of a medical facilities campus and therefore are approved for the property previously described, so long as they remain “accessory” as defined in SECTION 8 below:

I. parking for emergency vehicles that service the medical facilities; II. offices to serve the allowed uses of the medical campus for the

exclusive use of staff and/or trainees; III. laboratories for the exclusive use of staff and/or trainees; IV. teaching facilities for the exclusive use of staff and/or trainees; V. maintenance facilities to service the medical campus for the exclusive

use of staff and/or trainees; VI. food and beverage sales to exclusively service staff, trainees, patients,

and their visitors; VII. retail goods sales to exclusively service staff, trainees, patients, and

their visitors; VIII. religious institutions and services to exclusively service staff, trainees,

patients, and their visitors; IX. day care to provide care, protection, and supervision for children

and/or adults to exclusively service staff, trainees, patients, and their visitors; and

X. meeting areas for medical-related discussion;

SECTION 6: Building façade standards for the Shannon Medical Center-Downtown shall include the following: A. Building facades shall be consistent and unified in architectural style,

color palette, materials, and detailed ornamental features as detailed in Exhibit A.

B. Building entrances shall be clearly defined through architectural details, materials, and/or ornamental features, and highly visible.

C. Exterior materials shall be limited to the following: 1. Brick; 2. Stucco (cementitous finish only); 3. Architectural concrete masonry; 4. Hardiplank or similar cementitious siding; 5. Field stone, ledge stone, or other native veneer; 6. Cast stone (for lintels, trim elements, and ornamentation); and 7. Metal (for beams, lintels, trim elements, and ornamentation).

D. Additional building façade material types may be approved at the

discretion of the Planning Director. SECTION 7: Development standards for the Shannon Medical Center-Downtown shall include the following: A. Maximum floor area ratio for each lot shall not exceed 4.0. B. Setbacks (front, side, and rear) for all structures shall be 0 feet, or 10’ if

abutting a residential district or use. C. Outdoor storage shall not exceed 5 percent of the total area of each lot. D. The following features shall be fully screened from public view:

1. Outdoor storage; and 2. Mechanical equipment.

E. The following features shall be at least partially screened from street view by

landscaping (as detailed in SECTION 11), by benches and other street furniture, or by the use of landscaping along with berms, walls, or decorative fences, as approved by the Planning Director:

1. Water quality control facilities; 2. Stormwater drainage facilities; 3. Metal buildings less than 1200 square feet; and 4. Areas where vehicles are moved, loaded, parked, or stored.

F. Screening shall be of a natural material coordinating with building facades

shown in Exhibit A and listed in Section 6.C. of this ordinance or landscaping as detailed in SECTION 11 of this ordinance.

G. Metal buildings less than 1200 square feet shall be allowed. H. Opaque metal fences shall not be allowed.

SECTION 8: Off-street parking standards for the Shannon Medical Center-Downtown shall be consistent with these standards as outlined in Chapter 9 of the Zoning Ordinance: A. Hospitals: 1 parking space per 4 patient beds, and 1 parking space per staff

doctor, and 1 parking space per 4 employees. B. Medical office buildings: 1 parking space per 300 square feet. C. Housing facilities for staff or trainees: 1 parking space per residential unit. D. Housing facilities for visiting families of patients: 1 parking space per

residential unit. E. Accessory uses shall not require off-street parking. SECTION 9: Loading space standards for the Shannon Medical Center Downtown shall be as follows: A. Every nonresidential building having at least 20,000 square feet of gross floor

area shall have a minimum of one off-street loading space, with one additional off-street loading space for each additional 60,000 square feet of gross floor area or major fraction thereof.

B. Each required off-street loading space shall be not less than 10’ in width, 45’ in length, and 14’ in height.

C. Each required off-street loading space shall be located entirely outside of

public rights-of-way for streets and alleys and entirely on the same lot as the building to which it is accessory.

D. No open area in a required off-street loading area shall be consistently

encroached upon by any other use. E. In no case shall off-street parking spaces be used to satisfy off-street loading

space requirements. F. Off-street loading space off of an alley shall not requiring screening as

detailed in Section 7.E.

SECTION 10: All signage for the Shannon Medical Center Downtown shall conform to the following: A. Off-site signage shall not be permitted.

B. Freestanding pole signs shall not be permitted. C. Freestanding signs shall not exceed 30 feet in height or 75 square feet in

area. D. All signage shall be of materials and colors as shown in Exhibit B or of a

natural material and color coordinating with building facades shown in Exhibit A and listed in Section 6.C. of this ordinance.

E. Freestanding monument signs:

I. maximum signage area shall not exceed 1.5 square feet per 1 linear

foot of street frontage per lot;

II. may be placed at any angle;

III. must be set back at least 5 feet from any internal side lot line;

IV. may have a setback of 0 feet from any right-of-way pavement edge;

V. shall not exceed 3 feet in height if placed within 10 feet of any right-of-way pavement edge;

VI. shall not exceed 3 feet in height if placed within a 30 foot sight triangle

of the intersection of two converging property lines; F. Attached signs (canopy, awning, fascia, projecting, sloping roof signs):

I. maximum signage area may be up to 25 percent of the area of the wall to which the sign(s) is(are) attached;

II. shall not extend more than 5 feet above the roofline of the building to which it is attached;

III. shall not extend more than 5 feet above the top of the wall to which it is

attached;

IV. signs projecting over any public rights-of-way that are larger than 16 square feet must be approved by the City Council after notice and public hearing to consider any potentially detrimental effects;

V. signs projecting over the public rights-of-way that are less than 16

square feet shall maintain a distance of at least 18 inches from the curb line or street edge, if no curb exists;

VI. signs projecting over the public rights-of-way that are less than 16

square feet shall maintain a minimum height of 9 feet from the grade level to the bottom of the sign;

SECTION 11: Landscaping standards for the Shannon Medical Center Downtown shall be as follows: A. Xeriscaping and water use reduction strategies shall be incorporated

into overall landscape design through the use of drought tolerant plant species native and well suited to West Texas.

B. Landscaped areas may include planters, brick, stone, natural forms, or other landscape features that provide a park-like setting.

C. Landscaped areas, or plants, adjacent to pavement must be protected with a concrete curb or equivalent barrier such as:

1. Asphalt curbs; 2. Railroad ties (anchored); 3. Rock or stone curbs (anchored); or 4. Wheelstops (anchored).

D. Landscaping plant material shall be of healthy stock, be native and

naturalized, and have low water requirements.

E. Dying or diseased landscaping plant material shall be replaced with an equivalent plant material.

F. Adequate soil depth and width to encourage healthy growth shall be

provided. G. Shannon Medical Center Downtown shall be responsible for the

irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods:

1. An automatic or manual underground irrigation system; 2. A drip irrigation system; 3. A rainwater capture system or equivalent; or

4. Any other comparable method.

H. Landscaped areas planted with native grasses and wildflowers may use a temporary and above ground irrigation system and shall be required to provide irrigation only for the first 2 growing seasons.

I. Irrigation methods used shall: 1. Provide a moisture level in an amount and frequency

adequate to sustain growth of the plant material on a permanent basis; and

2. Be maintained and kept operational at all times to provide for efficient water distribution.

J. No irrigation shall be required for undisturbed natural areas or

undisturbed existing trees.

K. On-ground parking lots shall have no less than 20 percent of the square footage landscaped.

L. Parking lot landscaping shall be located entirely within the boundaries

of the parking lot as follows: 1. Landscaping boundaries; 2. Landscaping medians; 3. Landscaping islands; and 4. Landscaping peninsulas.

M. All landscaping plants located in or immediately adjacent to vehicular

use areas shall, at maturity, be as follows: 1. Shrubs and other plant material shall be a maximum of 36

inches in height. 2. Trees shall have a minimum 72 inch clearance from grade to

the lowest branches. SECTION 12: Except as otherwise specified or limited elsewhere in this ordinance, the use and development of the Shannon Medical Center Downtown shall generally conform to Central Business (CBD) District zoning standards. All activities shall be limited to those associated with the operation of a medical facilities campus as determined by the Planning Director for the City of San Angelo.

INTRODUCED on the 3rd day of April, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 17th day of April, 2012.


by:____________________________________

Alvin New, Mayor

ATTEST:

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

Exhibit A

Exhibit B

Exhibit C

City of San Angelo



From: Lisa Marley, Director of Human Resources & Risk Management


Caption: Consent Item

Consideration of adopting a Resolution to authorize Roth Annual Deferrals by participants in the Hartford Variable Annuity Deferred Compensation Plan 457(b) by amending the plan document.

Summary: As a continuing effort to enhance investment options with The Hartford Deferred Compensation Plan, Roth Annual Deferrals are now being offered through The Hartford. In order to accept this option for employee investments, the current plan document must be amended. History: In January 1980, the City Council adopted the Hartford Variable Annuity Deferred Compensation Plan as a 457(b) investment choice for fulltime city employees. 457(b) plans serve as an incentive to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement and Social Security at no cost to the City.

Financial Impact: None. Attachments: Resolution. Reviewed by Service Area Director: Lisa Marley, Director of Human Resources & Risk

Management, April 5, 2012.

A RESOLUTION OF THE CITY OF SAN ANGELO DECLARING THE INTENTION OF THE CITY TO CONTINUE THE HARTFORD VARIABLE ANNUITY LIFE INSURANCE COMPANY DEFERRED COMPENSATION PLAN; RESERVING THE RIGHT TO TERMINATE OR AMEND THE PLAN AT ANY TIME; AND, AUTHORIZING THE CITY MANAGER, OR INTERIM CITY MANAGER, OR HIS DESIGNEE TO EXECUTE SUCH DOCUMENTS AS HE MAY DEEM NECESSARY OR DESIRABLE TO CARRY OUT THE INTENT OF THIS RESOLUTION AND REQUIRED UNDER THE PLAN TO MAKE THE PLAN FULLY EFFECTIVE IN ACCORDANCE WITH ITS TERMS

WHEREAS, on January 15, 1980, the City Council resolved to adopt the Hartford Variable Annuity Life Insurance Company Deferred Compensation Plan, which Plan has remained in effect and has been available to all eligible City employees and elected officials; and, WHEREAS, substantial tax benefits may accrue to employees and elected officials participating in the Plan; and,

WHEREAS, such benefits act as an incentive to City employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement and Social Security at no cost to the City; and,

WHEREAS, the City Council has determined that continuation of the Plan would be beneficial to the City and its eligible employees and officials;

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

(1) The findings set out in the preamble are in all things approved and incorporated herein as if fully

set forth.

(2) The City Council does hereby declare the intention of the City of San Angelo to continue the

Hartford Variable Annuity Life Insurance Company Deferred Compensation Plan from and after

December 1, 2011, reserving the right to terminate or amend the Plan at any time.

(3) The City Manager, or Interim City Manager, or his designee are hereby jointly and severally

authorized to take such actions and to execute such documents as they deem necessary or

desirable in order to carry out the intent of the foregoing resolution and required under the Plan to

make the Plan fully effective in accordance with its tem and intent.

(4) The meeting at which this resolution was approved was in all things conducted in strict

compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.

(5) This resolution shall become effective from and after its passage.

PASSED, APPROVED, AND ADOPTED this _______ day of , 2012. CITY OF SAN ANGELO ATTEST By ___________________________________ _____________________________ Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Lisa Marley, Director of Human Resources Lysia H. Bowling, City Attorney

City of San Angelo



From: Carl White, Parks and Recreation Director

Subject: Agenda Item for April 17, 2012, Council Meeting

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

Caption: Regular Agenda Item

Consideration of approving a license agreement with the San Angelo Health Foundation for the construction of a trail along the south bank of the North Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the Mayor, City Manager or designee to execute said agreement.

Summary:

Staff recommends approval of a license agreement with the San Angelo Health Foundation for the construction of a trail along the south bank of the North Concho River between Irving Street and City-owned property east of Koenigheim Street (U.S. Hwy 87, North) as part of the River Improvement Project and authorizing the Mayor, City Manager or designee to execute said agreement.

Approval of this agreement would allow for the construction of a trail section on the south side of the river (along San Angelo Health Foundation property), connecting the Visitors’ Center to Irving Street. This would allow the public the option to follow the river on both sides along this section.

Basic items of the agreement include a 20-year lease with automatic 1-year renewals, termination clause, termination fee schedule for the first five years, a 15’ wide area along the river and clarification that the use of the trail and property does not establish use as a public park.

The cost of this trail is $25,000 (from half-cent sales tax revenues dedicated to the river and trail improvement project) and would be constructed with in-house and/or TDCJ labor.

Funding for construction of this trail section would come from a credit in the amount of $79,730 we would receive from removing this construction item from our river improvement project base bid.

The remaining $54,730 would be used to construct a new concrete trail section on our property connecting the existing river trail terminus at Bell Street to the playground and river overlook area at the Texas Bank Sports Complex or to South Concho Park. Either of these trail connections could be used in order to meet requirements of the $200,000 Texas Trails Grant we received in February 2010 for the river improvement project.

This grant includes $40,000 City half-cent sales tax matching funds and $160,000 state funds. The grant requires that 5,000 linear feet of existing trails be renovated and 3,275 linear feet of new river trails be constructed by August 2013. We initially proposed that the SAHF trail section (1,250 lf.) be used to help meet the grant requirements. We now propose that the new trail section connecting to the sports

complex or South Concho Park be used.

History: Council discussed the possibility of a license agreement with the San Angelo Health Foundation for construction of this trail at the January 17, 2012 meeting. Consideration of the matter was tabled in order to make a few modifications to the agreement. The terms in this version of the agreement are consistent with Council’s direction at the last meeting.

The River Improvement project began early October and will continue until summer of 2013, with the core downtown area being mostly completed around early summer of 2012.

Financial Impact: There is no new cost for development of these two trail sections. Annual maintenance for both trail sections is estimated at an additional $5,300/year.

Related Vision Item

(if applicable):

Develop sidewalks and bicycle facilities and increase unstructured recreational opportunities in lieu of programmed activities.


Staff recommends approval of the license agreement along with approval to proceed with construction of the new trail section connecting the existing river trail with the Texas Bank Sports Complex.

Attachments: License Agreement.

Presentation: Verbal and PowerPoint

Publication: N/A


Rick Weise, Assistant City Manager, April 4, 2012.

Approved by Legal: City Attorney Lysia H. Bowling

City of San Angelo



From: Alicia Ramirez, City Clerk


Contact: Michael Dane, Interim City Manager Matt Lewis, San Angelo Area Foundation

Caption: Discussion and consideration of adopting a Resolution Authorizing the Interim City Manager or his designee to negotiate and execute a Development and Operating Agreement for Performing Arts Campus by and between the City Of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within city hall building; providing for funding responsibilities of the parties; and providing for related matters.

Summary: At its regular meeting on October 18, 2011, the San Angelo City Council heard a presentation by Susan Brooks, SAPAC President, and Matt Lewis, President of the San Angelo Area Foundation. The discussion centered on the future development of SAPAC in what is commonly referred to as the “old Coke Warehouse,” and the role of the City Auditorium as the centerpiece for the performing arts campus. In addition, staff presented Council with a number of unfunded improvements necessary in the City Auditorium. Council directed staff to negotiate a contract with SAPAC for management and operations of the City Auditorium. (The office space is offered as consideration to the management and operations of the Auditorium. SAPAC will still be responsible for all utilities, etc. associated with their office use.) The proposed Operational Agreement provides an opportunity for SAPAC to create a maintenance/equipment fund for future improvements to the Auditorium through a ticket fee placed on each ticket sold by SAPAC for all performances held in the City Auditorium during the term of the Agreement.

History: N/A

Financial Impact: No direct impact to the general fund, as SAPAC will be responsible for all utilities for its office space. In addition, ticketing fees levied by SAPAC will be directed by contract to a future maintenance/equipment fund for the Auditorium.


Staff recommends approval of an operating agreement between the City of San Angelo and SAPAC.

Attachments: Written Resolution and Draft Agreement REVISED 03/05/12

Presentation: Oral and visual presentation by City Manager Harold Dominguez

Publication: N/A


Asst. City Managers Elizabeth Grindstaff and Rick Weise

Approved by Legal: Asst. City Attorney Dan Saluri

DRAFT 03/05/12 DEVELOPMENT AND OPERATING AGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION

This Development Agreement for Performing Arts Campus (“Agreement”) effective ________________, 2012, by and between The City of San Angelo, Texas, a Texas home-rule municipal corporation situated in Tom Green County, Texas (“City”), and the San Angelo Performing Arts Coalition (“SAPAC”), a Texas non-profit corporation, which is made up of the following members: San Angelo Symphony Society, Inc., a Texas non-profit corporation (“Symphony”), San Angelo Civic Theatre (d/b/a Angelo Civic Theatre), a Texas non-profit corporation (“Civic Theatre”), San Angelo Civic Ballet, Inc., a Texas non-profit corporation (“Ballet”), and the San Angelo Cultural Affairs Council, Inc., a Texas non-profit corporation (“SACAC”). City and SAPAC are collectively referred to herein as “the Parties”. WHEREAS, the Parties recognize that a need exists for a suitable performing arts center in San Angelo, Texas, to provide facilities to meet the needs of the community for performing arts (music, theater and dance) productions, as well as to provide a place for film and multi-media exhibitions and other cultural events; and, WHEREAS, City and SAPAC desire to jointly undertake the planning and development of performing arts facilities that include reconstruction and expansion of the City Auditorium, development and construction of a Performing Arts Center (PAC), and development and construction of a plaza and performing arts campus encompassing those facilities (hereinafter “the Project”); and, WHEREAS, the Municipal Auditorium in its present configuration and condition cannot accommodate the current and future cultural, civic, political and social needs of the community. To meet these needs and to serve as the anchor of a Performing Arts Center the City Auditorium will require extensive renovation, modernization and expansion; and, WHEREAS, a feasibility study has been completed by Janis A. Barlow & Associates, which recommends that: the Project be jointly developed by the City and SAPAC; that the anchor of a Performing Arts Center and Campus should be the City Auditorium located in the historic City Hall Building in Downtown San Angelo, Texas; and that after completion the City Auditorium and PAC should be managed by SAPAC through a contract with the City; NOW THEREFORE, THE City of San Angelo and the San Angelo Performing Arts Coalition, in consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration do hereby agree as follows:

I. SUBJECT OF AGREEMENT, TERM AND DEFINITIONS Section 1.1 Purpose: The purpose of this Agreement is to set forth the terms and conditions by which City and SAPAC shall:

a) restore and expand the City Auditorium; b) construct a Performing Arts Center;

2 City of San Angelo/SAPAC Performing Arts Campus Development and Operating Agreement

c) construct a Performing Arts campus incorporating the restored and expanded City Auditorium and the Performing Arts Center; and,

d) work together to provide for the management of the City Auditorium and Performing Arts Center.

Section 1.2 Commencement and Initial Term: The term of this Agreement shall commence on the effective date first hereinabove provided and shall terminate twenty (20) years after the record of completion date for the planned restoration and expansion of the City Auditorium. The record of completion date shall be the date set by the City certifying completion of the restoration and expansion of the City Auditorium and at which time it shall be available for public performing arts presentations. Section 1.3 Renewal Term: SAPAC, at its option, may renew this Agreement on the same provisions and conditions hereof, for up to three additional terms of ten (10) years each on condition that SAPAC is not then in default of any of its obligations under this Agreement or under the terms of any lease, facilities management and operating agreement or other agreement that SAPAC now has or may have with City at the time of renewal; and, upon condition that SAPAC has completed construction of the Performing Arts Center described herein and the PAC has remained available for public performing arts presentations from and after the first five (5) years of the term of this Agreement. The renewal options shall be exercised by SAPAC providing City with written notice not less than one year, but not earlier than two years, prior to the termination of the Initial Term or first extended term as applicable. Section 1.4 Annual Renewal of Term: This Agreement shall renew for subsequent periods of one year pursuant to the same provisions and conditions hereof if:

a) SAPAC is entitled to renew this Agreement as provided at Section 1.3 hereof, and elects not to do so; or

b) Upon termination of the renewal term described in Section 1.3 above if this Agreement is in fact so renewed.

Section 1.5 Termination: This Agreement may be terminated at any time by mutual agreement of the Parties upon 365 days advance written notice of an election to terminate given to the other Party. Section 1.6 Definitions: Unless the context clearly indicates otherwise, the following words and phrases used in this Agreement shall have the meanings indicated:

a) “Annex” shall mean the planned addition to the City Auditorium located in the historic City Hall building in downtown San Angelo.

b) “Auditorium” shall mean the portion of the historic City Hall building in downtown San Angelo commonly known as the City Auditorium, owned by the City of San Angelo.

c) “Lease” shall mean any lease effective during the term of this Agreement pursuant to which the City leases municipal building space to SAPAC, or any of its members or their successors in interest, for office use and management services for Project facilities.


d) “Performing Arts Campus” or “Campus” shall mean the grounds of the Project.

e) “Plaza” shall mean the municipal grounds including City Hall, the Auditorium, and the

public areas, not including the Performing Arts Center property.

f) “Project” shall mean collectively: the Auditorium, the Performing Arts Center (formerly known as the Coca Cola warehouse facilities) and the campus grounds incorporating the Auditorium and the Performing Arts Center.

g) “Project Plans” shall mean plans and specifications for the restoration and expansion of the Auditorium, plans and specifications for the remodel and construction of the Performing Arts Center, and as plans and specifications for improvements to the Plaza and Campus.

h) “Property” shall mean that certain real property upon which is located the historic City Hall building and Auditorium, and the site for the Performing Arts Center formerly known as the Coca Cola warehouse facilities, each more particularly described on Exhibit “A” (Historic City Hall, Auditorium and grounds) and Exhibit “B” (site for the Performing Arts Center).

II. PLANNING PHASE

Section 2.1 Planning Phase-Auditorium: The planning phase for the Auditorium shall include that period of time commencing with the effective date of this Agreement and continuing to the earlier of: (a) an award of a contract by City for general contracting services for construction of the Annex to the Auditorium pursuant to plans and specifications approved by the City and SAPAC; or (b) the date upon which City may terminate this Agreement for failure of conditions precedent to the Construction Phase for the Annex as provided at Section 2.10, below. Section 2.2 Planning Phase-Performing Arts Center: The planning phase for the Performing Arts Center shall include that period of time commencing with the effective date of this Agreement and continuing to an award of a contract by SAPAC for general contracting services for construction of the Performing Arts Center according to plans and specifications approved by SAPAC and City. Section 2.3 Default at Planning Stage: A failure of either City to award a contract for general contracting services on the Auditorium Annex, or SAPAC to award a contract for general contracting services on the PAC, within the planning phases applicable under Section 2.1 and Section 2.2 respectively, may be deemed a default by the non-defaulting Party of the terms of this Agreement. Section 2.4 City’s Responsibility for the Planning Phase of Auditorium and Annex: During the Planning Phase of the Auditorium restoration and Annex SAPAC shall recognize City as the exclusive entity to arrange for the plans and specifications for the restoration of the Auditorium and construction of the Annex. City shall be responsible for employing the architect(s), engineer(s) and construction manager(s) necessary for the Auditorium portion of the Project. However, City will work together with SAPAC in order to approve plans that maintain the


architectural integrity and theme of the City Auditorium in conformity with the current restoration of the City Hall and the intentions of City and SAPAC for development of the PAC. Section 2.5 SAPAC Responsibility for the Planning Phase of Performing Arts Center: During the Planning Phase of the Performing Arts Center, City shall recognize SAPAC as the exclusive entity to arrange for the plans and specifications for construction of the PAC. SPAC shall be responsible for the employing of the architect(s) engineer(s) and construction manager(s) necessary for construction of the PAC. Section 2.6 Planning Phase of Performing Arts Campus: SAPAC and City will endeavor to coordinate their planning efforts for improvements and landscaping to create a performing Arts Campus that includes the restored City Auditorium in historic City Hall, a Plaza that includes City Hall and municipal grounds in the area of City Hall, and the Performing Arts Center building, grounds and improvements, formerly known as the Coca-Cola warehouse facilities. Section 2.7 Annex Budget: SAPAC shall enter into an agreements with one or more federally insured commercial banks or savings and loan associations having their primary office or permanent branch office within the City of San Angelo, Texas, to serve as a depository for funds secured by SAPAC designated for the restoration of the City Auditorium and construction of the Annex, when fundraising is completed by SAPAC and at least two and one-half million dollars ($2,500,000.00) is available for said restoration and construction of the City Auditorium improvements and construction of the Annex.

a) City shall at all times have a right to audit such accounts, and SAPAC shall execute such agreements evidencing City’s authority to conduct such audits or receive such accountings as the depository institution may reasonably require;

b) The Project fund account for restoration of the City Auditorium and construction of the Annex shall be closed upon completion of restoration of the Auditorium and construction of the Annex, and after satisfactory evidence of payment in full of all claims relating to design or construction thereof. On closing of this account, funds in the account generated or collected by SAPAC from sources other than City or City Hotel and Motel Tax revenues shall be disbursed to SAPAC; and,

Section 2.8 Condition Precedent to the Construction Phase of the Annex: The Construction Phase of the Annex shall not commence until satisfaction of the following conditions:

a) delivery to the City of the Project Budget for the Annex; b) establishment of the Project fund account for the Annex provided at Section 2.7 above c) delivery to City of a feasible five year plan prepared by SAPAC for the operation and

utilization of the City Auditorium, which shall include at a minimum: i. anticipated sources and estimated amounts of revenue, on an annual basis;

ii. estimated expenses on an annual basis; iii. names and vitae of all officers of SAPAC and persons anticipated to be

employed by SAPAC to manage the Auditorium at commencement of the Management Phase of this Agreement; and,


d) establishment of evidence that upon commencement of the Construction Phases of the Annex that it shall be constructed in accordance with the Project plans and schedules, and that SAPAC has, or will have, the funds to pay in full its share of the costs for the restoration of the Auditorium and the design and construction of the Annex, the sufficiency of which evidence shall be determined solely by City.

Section 2.9 Reserved:

Section 2.10 Termination on Failure of Conditions Precedent As To Annex: Should the conditions precedent to the Construction Phase for the Annex as set forth at Section 2.8 above not be established on or before , 20 , City may terminate this Agreement.

III. FUNDING OBLIGATIONS OF SAPAC

Section 3.1 Grant Writing and Funding: SAPAC will be responsible for conducting grant applications and fundraising from the private sector necessary to fund the capital costs for the portion of Auditorium restoration costs not covered by the City’s half cent sales tax revenues, construction of the Annex and construction of the PAC. SAPAC shall provide sufficient staff and consultant services reasonably necessary to accomplish its fundraising responsibilities under this Agreement. Section 3.2 Funding for Restoration of the Auditorium, and Construction of Annex and PAC: Current construction cost estimates available to the Parties indicate that completion of renovation of the City Auditorium and the addition of the planned annex to the Auditorium will require two and one half million dollars ($2,500,000.00) in addition to the funds available to the City for restoration of the Auditorium and Plaza from its half cent sales tax revenues. (SAPAC shall neither have or be deemed to have acquired any ownership interest in any improvement constructed on City property funded in whole or part by SAPAC under this Agreement.) Current construction cost estimates available to the Parties indicate that a minimum of ten million dollars ($10,000,000.00) will be required for construction of the planned Performing Arts Center, to be located at the site formerly known as the Coca Cola warehouse facilities, owned by SAPAC. SAPAC will be solely responsible for raising the funds necessary to complete the City Auditorium renovations, to plan and construct the Annex (which may include funding for landscaping), and to plan and construct the PAC. Section 3.3 Commemorative Naming of the City Auditorium: To the extent not in conflict with the agency contract that the City has with Citywise Marketing, LLC, or their successors in interest, or with any other third party, in the sole determination of the City, and for purposes of assisting SAPAC in funding the Project, the City will negotiate an agreement with SAPAC pursuant to which SAPAC may authorize commemorative naming rights to the City Auditorium in recognition of financial support for the Project, subject to City Council approval. Said commemorative naming rights of City Auditorium shall be limited to in recognition of honorary, legacy type gifts and shall not include the marketing for sale or sale of naming rights. However, in the event SAPAC determines that it may have a party interested in the purchase of naming rights for the City Auditorium, the City and SAPAC may negotiate with Citywise Marketing,


LLC, or its successor in interest, or any third party then having such agency rights, to agree to terms for sale of the naming rights, subject to approval of the City Council. Section 3.4 Funding for Operational Endowment: In addition to the foregoing funding obligations assumed by SAPAC, SAPAC will be responsible for conducting all grant applications and fundraising from the private sector necessary to fund an operational endowment of one million dollars ($1,000,000.00) or more for purposes of providing revenue necessary to support the ongoing future operation of the Project. SAPAC shall present evidence at the time of commencement of the Construction Phase of the PAC that shows that SAPAC has or will have the operational endowment fully funded at the time of completion of the Project.

IV. CONSTRUCTION PHASE Section 4.1 Construction Phase Defined for Renovation of the Auditorium and Construction of the Annex : The Construction Phase for the renovation of the Auditorium and construction of the Annex is the period of this Agreement beginning upon satisfaction of all conditions described in section 2.8, above as they relate to the renovation of the Auditorium and construction of the Annex, and ending upon completion of the renovation of the Auditorium and construction of the Annex, and the availability of the Auditorium and Annex for performing arts activities open to the public. Section 4.2 Construction Phase Defined for the PAC: The Construction Phase for the PAC is the period of this Agreement beginning upon the award of a contract by SAPAC for general contracting services for construction of the Performing Arts Center, and ending upon completion of the PAC and the availability of the PAC for performing arts activities open to the public. Section 4.3 Renovation of Auditorium and Construction of Annex: Subject to the funding obligations of SAPAC as set forth herein, City shall complete renovations of the Auditorium and construct the Annex pursuant to plans approved as provided at part II herein. Section 4.4 Construction of the PAC: SAPAC shall finance and construct a Performing Arts Center (PAC) on real property formerly known as the Coca-Cola warehouse facilities in downtown San Angelo pursuant to plans approved as provided for at part II herein. The PAC shall be planned, designed, managed and operated by SAPAC as a facility open to the public for performing arts and other cultural events that enhance the quality of life for the citizens of the San Angelo community. Section 4.5 Construction and Landscaping of the Performing Arts Campus: City shall finance and construct improvements and landscaping of the Plaza on municipal grounds in the area of City Hall pursuant to such plans as City may develop and approve in its discretion. SAPAC shall finance, construct, and landscape on land owned by SAPAC included within the Performing Arts Campus, pursuant to plans approved by SAPAC, compatible with the landscaping of the Plaza. Section 4.6 Termination by City on Failure to Commence Construct of the PAC City may, at is sole option, terminate this Agreement if a contract is not awarded for construction of


the PAC and construction of the PAC is not commenced on or before the 120th day after establishment of the conditions precedent set forth at Section 2.9 above. Section 4.7 Cooperative Efforts During Construction: SAPAC and the City will endeavor to keep construction and related costs as low as is reasonably practicle through cooperative efforts in the retention of and communications with construction management contractors and personnel.

V. MANAGEMENT PHASE

1. Section 5.1 SAPAC Management, Marketing, and Ticket Sales Services: SAPAC will be responsible for management of the City Auditorium and the PAC pursuant to terms of a facility management and operating agreement to be negotiated by the SAPAC and City. SAPAC will perform services that include marketing, scheduling of events and contracting for the use of the City Auditorium as well as for the Performing Arts Center. With respect to the Auditorium, SAPAC management services will be limited to the extent not in conflict with any advertising agency, promotional agency or ticketing service contracts which the City may now have or may enter into in the future, as determined in the sole discretion of the City. SAPAC shall include in any commitment, agreement or contract for the marketing, scheduling, use, production, presentation, conduct, or ticketing of an event at the City Auditorium, such minimum mandatory conditions as the City may dictate for an event, including provision relating to insurance requirements and indemnification. SAPAC shall negotiate with each of its member entities and the City to determine a fixed number of days for programs or events planned by SAPAC member entities or City, which shall be given priority before allocating days for any other users. In furtherance of the foregoing SAPAC and the City agree to the following: Section 5.2 Allocation of Hotel Occupancy Tax Revenue: The City will contribute to the funding of the management services delegated to SAPAC under this Agreement as authorized under Section 5.805 of the City of San Angelo Code of Ordinances, conditioned upon amendment by the City Council of Subsection (c) thereof substituting “San Angelo Performing Arts Coalition” for “San Angelo Cultural Affairs Council”. The allocation of Hotel Occupancy Tax revenues for distribution to SAPAC shall be as follows for years that the management services are rendered:

Years 1-5: SAPAC will be guaranteed 5% of the City’s Hotel Occupancy Tax Revenues. Year 6: SAPAC will be guaranteed 4% of the City’s Hotel Occupancy Tax Revenues, with the ability to earn up to 6% based on performance and ability to demonstrate a ROI by an increase in revenues to the City via ticket surcharge revenues and increase in Hotel Occupancy Tax revenues. Year 7: SAPAC will be guaranteed 3% of City’s Hotel Occupancy Tax Revenues, with the ability to earn up to 7% based on performance and ability to demonstrate a return on investment (ROI) by an increase in revenues to the City via ticket surcharge revenues and increase in Hotel Occupancy Tax revenues.


Year 8: SAPAC will be guaranteed to 3% of City’s Hotel Occupancy Tax Revenues, with the ability to earn up to 7% based on performance and ability to demonstrate a ROI by an increase in revenues to the City via ticket surcharge revenues and increase in Hotel Occupancy Tax revenues.

Such allocation and distribution of Hotel Occupancy Tax revenues shall be subject to the approval by the City Council of the annual budget of SAPAC for the year in which the allocation and distribution is made. The approval must be in writing in advance of the distribution. City reserves the right to terminate distribution of Hotel Occupancy Tax revenues, or redirect or re-designate how SAPAC shall utilize the revenues if it is determined that there has been a misuse or misapplication of Hotel Occupancy Tax revenue in violation of City Ordinances or Texas State law. SAPAC shall submit quarterly reports to the City Council listing the expenditures made by SAPAC of revenues distributed to it by City. Any misuse or misapplication of Hotel Occupancy Tax revenue by SAPAC in violation of City ordinances or Texas State Law shall be grounds for termination of this Agreement by City. Section 5.3 Box Office and Ticketing Services: SAPAC will provide box office and ticketing services for events scheduled by its members and City at the Auditorium or PAC, including box office manager, hardware, software, and web portal. SAPC will set a ticketing fee toward the recovery of costs associated with this service. SAPAC may provide the same box office and ticketing services for events scheduled by the City or other entities or members of the public. Section 5.4 City Auditorium Maintenance and Improvement Fee”: SAPAC will collect a facilities maintenance and improvement fee for every ticket sold for each ticketed event in the City Auditorium. The facilities maintenance and improvement fee shall be $2.00 per ticket. Annually, SAPAC and City staff shall review the fee and make a presentation to City Council regarding recommendation for any adjustment in the fee. An adjustment in the facilities maintenance and improvement fee shall not become effective until approved by the City Council. Proceeds from the collection of said fee will be turned over to the City of San Angelo by the end of the month following the month of collection. The City shall deposit and hold the proceeds in a designated facility maintenance and improvement fund for purposes of equipment and facility maintenance and improvements to the Auditorium. Expenditures shall not be made from the fund except upon authorization by vote of a majority of a facility maintenance and improvement committee made up of three SAPAC board officers and three City appointees. Expenditures in excess of forty thousand dollars ($40,000.00) shall not be made without approval from the San Angelo City Council. Should the committee become deadlocked in a tie vote on any such request for approval of expenditure under forty thousand dollars ($40,000.00), the San Angelo City Council shall decide the matter by vote of a majority of a quorum of the Council members present. Section 5.5 City Support for the Maintenance and Operation of SAPAC and the PAC: SAPAC shall maintain the ownership of the PAC and manage and operate the facility for the benefit of the San Angelo community. City shall negotiate a facility management and operating agreement pursuant to which City may provide support for the maintenance and operation of SAPAC and the PAC, including but not limited to:


a. utilities and information technology and telecommunications services, utility services being reimbursable to the City for utility costs at the rate the City charges via internal service funds for the City Auditorium;

b. facility operations, maintenance and janitorial services for the City Auditorium, reimbursable to the City at100% of actual cost (City shall provide SAPAC with the detail utilized to determine the actual cost of service.);

c. property and general liability insurance for the City Auditorium space. SAPAC will provide additional general liability insurance coverage as required by City, naming the City as an additional insured;

d. office space for SAPAC for use by the San Angelo Symphony located on the west Mezzanine of the lobby of City Hall, including utilities, information technology and telecommunications services, facility operations, maintenance and janitorial services for said space. The City will be reimbursed for the costs of utilities and services at the rate the City charges via internal services funds;

e. utilities, information technology and telecommunications services, reimbursable to the City at the rate the City Charges via internal services funds at the Performing Arts Center; and,

f. landscaping, maintenance and upkeep of all landscaped areas of the City Hall and adjoining landscaped property, except with respect to maintenance necessitated from events taking place on premises of the City.

Section 5.6 Lease of Office Space at City Hall for SAPAC: City and SAPAC will negotiate a lease pursuant to which SAPAC may occupy office space at the west end, mezzanine level, of the restored City Hall and Auditorium.

a) SAPAC will be solely responsible for the costs of planning and construction of improvements relating to building out of the agreed to space for purposes of office use. The lease space consists of the open area on the mezzanine level at the west end of the City Hall building. The plans and construction of all such improvements must be approved by City and must maintain the architectural integrity and theme of the Auditorium and City Hall in conformity with the current restoration.

b) Rent for the improved lease space will be ($ ) per year in recognition of management services provided by SAPAC that include marketing, operating, scheduling of events, ticket sales and contracting for the use of the City Auditorium and PAC, and the funding obligations assumed by SAPAC hereunder.

c) The lease term shall be concurrent with the term set forth hereinabove at Section 1.2 and as the term may be extended under Section 1.3.

d) Annually, upon each anniversary of the effective date of the lease agreement, from and after occupancy of the leased premises by SAPAC, SAPAC shall provide City with a comprehensive written report regarding its activities and utilization of the City Hall Auditorium including revenues generated, expenses incurred, ticket sales, marketing activities, management activities, and other services rendered pursuant to this Agreement. In addition, SAPAC shall submit, annually its budget with projected revenues and expenses relating to its management of the Auditorium.

e) All equipment and trade fixtures installed on the leased premises by SAPAC, excluding permanent improvements to the building or real estate, shall remain the property of SAPAC and shall be removed within thirty (30) days after termination of the lease


provided that any damage to the realty or building from their removal is fully repaired by SAPAC at time of removal. Notwithstanding the foregoing, all property remaining on the leased premises from and after the expiration of sixty (60) days following the termination of the lease shall be deemed abandoned by SAPAC and shall become the property of City to be disposed of as City in its sole discretion may deem fit without compensation to SAPAC.

VI. ASSURANCES Section 6.1 Assurances Given by City to SAPAC: The City agrees that it shall:

a) cooperate in good faith with SAPAC in the implementation of this Agreement; b) use all reasonable best efforts to maintain public access to the Auditorium for performing

arts events scheduled by SAPAC on behalf of its member entities; c) cooperate in good faith with SAPAC to negotiate and enter into a lease agreement to

provide space in the restored City Hall building for SAPAC to construct office space reasonably necessary for SAPAC to conduct its responsibilities under this Agreement; and,

d) cooperate in good faith with SAPAC to negotiate and enter into an agreement pursuant to which City will share in the maintenance and operation expenses of the PAC.

Section 6.2 Assurances Given by SAPAC to City: SAPAC agrees that it shall:

a) complete the planning, designing and constructing of the PAC in accordance with plans approved as provided for herein;

b) manage and operate the PAC as a first class facility for the presentation of performing arts and cultural events for the San Angelo community;

c) cooperate with the City to use reasonable efforts to encourage and maintain the regular presentation of performing arts and cultural events and the maintenance of high attendance levels at the Auditorium and PAC;

d) provide and set up required equipment for presentations at the Auditorium and PAC, and maintain the same in good working order; and,

e) timely undertake and complete repairs and preventative maintenance necessary to maintain the PAC as a functioning, first class performing arts facility;

VII. GENERAL PROVISIONS

Section 7.1 Status of Employees: Each Party hereto and each entity member of SAPAC shall retain supervision and control of its regular employees at all times while performing any activity relating to this Agreement and no regular employee of SAPAC or of any one of its entity members shall be considered or deemed to be a borrowed servant of City for Workers’ Compensation purposes or for any other purpose. The City agrees that all persons regularly employed by it to furnish services hereunder shall be deemed at all times to be employees or agents of the City and not of SAPAC or of a member entity of SAPAC. Regular employees of SAPAC and regular employees of each entity member of SAPAC performing any activity relating to this agreement shall be deemed at all times to be employees or agents only of their regular employing entity and not employees or agents of the City. No employee of the City,


SAPAC or an entity member of SAPAC shall become entitled to the benefits of employees of any Party not the regular employer of such employee. Section 7.2 SAPAC to Indemnify and Hold City Harmless: SAPAC agrees to indemnify, defend and hold the City, its council members, officers, 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, attorney’s fees and expenses asserted by any person or persons, including claims or suits for joint enterprise liability, 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 the indemnifying party and any other person or entity as a consequence of its execution or performance of this Agreement or sustained in or upon the premises, or as a result of anything claimed to be done or admitted to be done by the indemnifying party hereunder. Notwithstanding the foregoing, the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of City, its officers, agents, employees or separate contractors, and in the event of joint and concurring negligence or fault of SAPAC and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the law of the State of Texas, without waiving any governmental immunity available to City under Texas law and without waiving any defenses of the Parties under Texas law. The provisions of this paragraph are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Neither SAPAC or City waive any legal contentions, defenses, or immunities, including, but not limited to governmental or sovereign immunity, charitable immunity, and limited recovery against charitable organizations, their personnel, and their volunteers pursuant to the Charitable Immunity and Liability Act of 1987 (Tex. Civ. Prac. and Rem. Code, Chapter 84, as amended). This indemnification shall survive the term of this Agreement as long as any liability could be asserted. Nothing herein shall require the indemnifying party to indemnify, defend or hold harmless any indemnified party for the indemnified party’s own gross negligence or willful misconduct. Section 7.3 Default and Termination: Default in the terms of this Agreement or in the terms of the lease agreement to be negotiated or the facilities management and operation agreement to be negotiated may result in termination of this Agreement.

a) In the event SAPAC defaults in performance of any of the covenants and conditions required herein to be kept and performed by SAPAC, or defaults in the lease or the facilities management and operating agreement to be negotiated by and between the City and SAPAC, and such default continues for a period of thirty (30) days after written notice specifying such default, City shall have the right to: (1) terminate the lease to be negotiated and re-enter and take possession of the leased premises and all personal property therein and to remove SAPAC and SAPAC’s agents and employees therefrom. In the event City elects to terminate the lease and re-enter or take possession of the leased premises, SAPAC shall quit and peaceably surrender the leased premises to City, and City may re-enter the premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove SAPAC and may have, hold and enjoy the premises and the right to receive all rental income of


and from the same; (2) terminate the facilities management and operating agreement to be negotiated upon giving 90 days advance notice of termination to SAPAC; and, (3) terminate this Agreement upon giving 90 days advance notice of termination to SAPAC.

b) In the event City defaults in performance of any of the covenants and conditions required herein to be kept and performed by City, or defaults in the facilities management and operating agreement to be negotiated by and between SAPAC and City, and such default continues for a period of thirty (30) days after notice thereof, SAPAC shall have the right to terminate this Agreement upon giving 90 days advance notice of termination to City.

c) In the event SAPAC: (1) files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent, or takes the benefit of any relevant legislation that may be in force for bankrupt or insolvent debtors or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation, or proceedings are taken by SAPAC under any relevant Bankruptcy Act in force in any jurisdiction available to SAPAC, or SAPAC seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of SAPAC or of all or any substantial part of its properties or of the Premises, or makes any general assignment for the benefit of creditors, or (2) a petition is filed against SAPAC seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other statute, law or regulation, and shall remain without dismissal for an aggregate of one hundred twenty (120) days, or if any trustee, receiver or liquidator of SAPAC or of all or any substantial part of its properties is appointed without the consent or acquiescence of SAPAC and such appointment remains un-vacated for an aggregate of twenty (20) days; then either such event shall constitute a default by SAPAC and City shall have the right to terminate this agreement, the lease to be negotiated and the facilities management and operating agreement to be negotiated.

Section 7.4 Right to Injunctive Relief: In the event of a default by SAPAC that continues beyond the cure period provided for above, in addition to any other remedy provided by law, the City and its officers shall have the right to enjoin SAPAC from any function, activity, task or pursuit that is otherwise authorized under this Agreement or the facilities management and operating agreement to be negotiated. Section 7.5 Miscellaneous Terms: The following terms shall apply to this Agreement:

a) Execution. If the governing body of a Party is required to approve this Agreement, it shall not become effective until approved by the governing body of that Party. In that event, this Agreement shall be executed by the duly authorized official(s) of the Party as expressed in the approving resolution or order of the governing body of said Party.

b) Assignment. SAPAC may not assign this Agreement or any rights hereunder without prior written, authorized consent of the City, which consent may be withheld at the sole discretion of City.


c) Applicable Law. This Agreement is not intended to create any legal rights enforceable by any third party against any Party to this agreement, nor is it intended to waive any rights or defenses available to any Party hereto. Specifically, this agreement shall not be construed so as to waive any of the City’s immunities from suit or liability as to any third parties. Venue for any proceeding brought pursuant to this Agreement shall be in Tom Green County, Texas.

d) Entire Agreement. This agreement supersedes any and all other agreements or understandings, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement, which is not contained herein, shall be valid or binding.

e) Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, legal representatives, and assigns.

f) Amendment. This Agreement may only be amended by the mutual agreement of the Parties hereto in writing signed by a duly authorized representative of each Party.

g) Severability. In any event that one or more of the provisions contained in the Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions herein, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

h) Survival and Cumulative Enforcement of Rights. Those provisions of this Agreement which by their very nature extend beyond termination or expiration of this Agreement shall survive such termination or expiration. All rights for enforcement of this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and, City 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 Agreement. No wiaver of a breach or any of the covenants, conditions, or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained herein.

i) Force Majeure. In the event that any Party shall be prevented from performing its duties under this Agreement by an act of nature, by acts of war, riot, act of terrorism, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the Parties hereto, it shall not be considered a breach of this Agreement.


j) Notice. Any notice to be given hereunder by any Party(s) to the other Parties shall be in

writing and sent by first class U.S. mail, registered or certified, return receipt requests as follows:

San Angelo Performing Arts Coalition Board President: Susan Brooks c/o 2201 Sherwood Way, Suite 205 San Angelo, Texas 76901 City of San Angelo CITY OF SAN ANGELO Attention: City Manager P.O. Box 1751 San Angelo, Texas 76902 With a copy to: City Attorney’s Office P.O. Box 1751 San Angelo, Texas 76902


This Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to it. SAN ANGELO PERFORMING ARTS COALITION BY: _________________________ Susan Brooks, President ATTEST: BY: ITS: CITY OF SAN ANGELO, TEXAS BY: Michael Dane, Interim City Manager ATTEST: Alicia Ramirez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Elizabeth Grindstaff, Asst. City Manager Dan T. Saluri, Sr. Asst. City Atty.

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A DEVELOPMENT AND OPERATING AGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC) RELATING TO CREATION OF THE PERFORMING ARTS CENTER AND CAMPUS WHICH WILL INCLUDE THE CITY AUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USE OF OFFICE SPACE BY SAPAC WITHIN CITY HALL BUILDING; PROVIDING FOR FUNDING RESPONSIBILITIES OF THE PARTIES; AND PROVIDING FOR RELATED MATTERS

WHEREAS, the potential economic impact of San Angelo’s Performing Arts and Cultural District in generating local economic activity, supporting jobs and providing local and state tax revenue should not be underestimated; and, WHEREAS, San Angelo’s cultural resources are building blocks for every aspect of the City’s development, including downtown redevelopment and restoration, and tourism; and, WHEREAS, a need exists for a suitable performing arts center and facilities to accommodate performing arts productions; and, WHEREAS, a feasibility study has been completed by Janis A. Barlow & Associates, which recommends that the City of San Angelo and SAPAC jointly pursue development and management of a Performing Arts Center in conjunction with improvements to the City Auditorium which would become the San Angelo Performing Arts Campus; and, WHEREAS, SAPAC will, through its fundraising efforts, contribute toward funding necessary for the creation and development of the Performing Arts Campus, including the Performing Arts Center and the City Auditorium; and, WHEREAS, the City Council of the City of San Angelo, Texas, finds and determines that the joint development and management with SAPAC of a Performing Arts Center in conjunction with improvements to the City Auditorium as part of the San Angelo Performing Arts Campus accomplishes a public purpose beneficial to the citizens of the City of San Angelo: 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 negotiate and execute a Development and Operating Agreement For Performing Arts Campus By and Between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC)

relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within the City Hall building; providing for funding responsibilities of the City and SAPAC; and, providing for related matters. 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 Elizabeth Grindstaff, Asst. City Manager Dan T. Saluri, Sr. Asst. City Atty. For: Lysia H. Bowling, City Atty.

Memo Date: April 9th, 2012

To: Mayor and City Council Members From: James Flores/Code Compliance Manager

Subject: Agenda item for April 17th, 2012 to discuss processes and procedures on how

staff currently addresses violations of 7.303, tall grass and weeds. Contacts: James Flores, Code Compliance Manager 657-4409

Captions: Discussion of how the City deals with violations pertaining to ordinance 7.303; tall

grass and weeds over 12 inches. Summary: On April 3, 2012, Councilman Adams requested that staff submit an agenda item to discuss City Ordinance 7.303 (tall weeds and grass) and to clarify the process that the City Code Compliance Division utilizes to manage the issue. History and Background: Our current process allows sufficient time for citizens to gain compliance. Violators are sent a courtesy notice of violation which grants them (7) days to comply. After the allotted 7 days, officer’s return to the location to inspect and if property is not in compliance, the owner is then sent a legal notice granting an additional (7) days before legal action can be taken and or abatement processes can occur. With mail time and due process, this notification can take up to 17-20 days before the issue can be corrected. Financial Impact: N/A Related Vision Item: Neighborhood Revitalization Recommendation: N/A Attachments: N/A Presentation: James Flores, Code Compliance Manager Publication: N/A Reviewed by: Bob Salas, Director of Neighborhood and Family Services

City of San Angelo


Parks and Recreation



From: Anthony Wilson, Civic Events Manager


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

Caption: Regular Item

First public hearing and introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Article 9.200 of the City of San Angelo Code of Ordinances by adding Section 9.209 related to temporary variances from City ordinances for Special Events on City property.

Summary:

In 2007, the City Council approved an ordinance allowing for temporary variances from City ordinances for special events specifically at Lake Nasworthy and Twin Buttes Reservoir. Staff believes a similar ordinance covering special events on other City properties is in order.

History: In June 2007, the City Council, in an effort to accommodate the annual Showdown in San Angelo drag boat races, approved an ordinance (Sec. 9.107(h)) that allowed for temporary variances from City ordinances for special events at Lake Nasworthy and Twin Buttes Reservoir specifically.

Since then, the City has adopted a special events application process to lend order to and ensure communication regarding special events on City properties. It has become apparent that the same sorts of variances granted the drag boat races and the annual Wake the Desert wakeboard tournament may be appropriate for other special events, such as parades, festivals, the July 3 Pops Concert, etc., that occur on other City properties.

Financial Impact: None.

Related Vision Item

(if applicable):

N/A


The proposed ordinance would mirror the language of Sec. 9.107(h). That ordinance has served the community well in accommodating special events at the lakes. However, its scope does not allow for temporary variances for the many special events that occur on other City properties. These might include downtown parades, festivals, fun runs, the July 3 Pops Concert, etc.

Staff proposes the new ordinance be added to Sec 9.200 related to Parks because the Parks and Recreation Department processes the applications for all special events that occur on City property. Staff recommends approval.

Attachments: Proposed ordinance

Presentation: None.

Publication: N/A


Carl White, Parks and Recreation Director, ext. 1521, 234-1724, April 9, 2012

Approved by Legal: April 13, 2012

AN ORDINANCE AMENDING CHAPTER 9 ENTITLED “LAKES, PARKS AND RECREATION AREAS,” ARTICLE 9.200, ENTITLED “PARKS,” BY ADDING A NEW SUB-SECTION 9.209, ENTITLED “SPECIAL EVENTS,” OF THE SAN ANGELO CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 9, Article 9.200 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended to add a new Sub-Section 9.209 to read as follows: ARTICLE 9.200 PARKS

Sec. 9.209 Special Events

Special Events. On certain occasions the City Council may authorize individuals or groups to hold special events for recreational purposes on City property. Additionally, the City Council may authorize temporary variances from the prohibitions and requirements of City ordinances for the events. In determining whether to authorize an event and grant one or more variances, the council shall take into account the following factors:

(1) Proximity of event to residential areas;

(2) Probability of event causing undue disturbance to users of the City property;

(3) Ability of organizers to ensure safety of participants and observers, including but not limited to acquiring appropriate insurance;

(4) Whether varying from the standard requirements and prohibitions of City ordinances would result in undue danger to participants under the circumstances (i.e., location, time, size, etc.) of the special event; and

(5) Any other unique circumstances relating to each particular event. 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, the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense. 4) 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

By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Carl White Lysia H. Bowling Director, Parks & Recreation City Attorney

City of San Angelo



From: Maryann R. Vasquez, Recreation Manager


Contact: Maryann R. Vasquez-325-657-4450


Discussion and possible action on authorizing the purchase of ball field netting at the Texas Bank Sports Complex

Summary: At the March 20, 2012 meeting of the City Council, it was requested that a means of addressing the issue of foul balls be provided.

Netting used for sports fields has been found which could alleviate much of this concern; however, foul balls are still an issue in any game and cannot be completely contained.

The sports complex could benefit from other improvements including:

- Picnic/shade structure near the playground, estimated cost of $75,000. This element was designed and included in the plans but was not constructed due to lack of funding.

- Restrooms/Concession at Quad 2 and/or Quad 4, estimated cost of $250,000 each. This was designed and included in the plans but was not constructed due to lack of funding.

History: N/A

Financial Impact: Covering the area behind home plate would cost approximately $10,000 per quad.

Quads in order of priority

Quad 3 $10,000 Quad 2 $10,000 Quad 4 $10,000 Quad 1 $ 5,000 _____________________

$35,000

There is currently no funding source available to cover this expense. Funding possibilities include general fund or half cent sales tax dedicated to sports facilities (future allocations).

Related Vision Item

(if applicable):

N/A


N/A

Attachments: N/A

Presentation: Power point

Publication: N/A


Carl White, Parks and Recreation Director x1521 (4/5/12)

Approved by Legal: N/A

City of San Angelo


To: Mayor and Council Members

From: Morgan Trainer, Budget Manager

Subject: Agenda Item for 4-17-12 Council Meeting

Contact: Morgan Trainer, 653-6291


Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto.

Summary: Staff will present the Water Operations Fund Balance at relevant dates in an effort to provide Council with the information necessary to form an opinion.

The fund balance in this fund is not at a level where staff would recommend a rebate. Details will be presented.

History: There have been two occasions when this fund balance exceeded ninety days expenditures and Council decided to use that excess. On one occasion the base fees were changed to zero for two months, and on the other the excess was transferred to a capital projects fund to assist with capital improvements.

Financial Impact: Reduction in fund balance – depending on the amount

Related Vision Item

(if applicable):

Financial Vision


Staff recommends no action at this time.

Attachments: N/A

Presentation: Powerpoint

Publication: No


Michael Dane

Approved by Legal: N/A

City of San Angelo Finance Department



From: Morgan Trainer, Budget Manager


Contact: Morgan Trainer, Finance, 325-653-6291


PUBLIC HEARING AND CONSIDERATION OF APPROVING AND ADOPTING A RESOLUTION AUTHORIZING THE ADOPTION OF THE 2012-2017 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO

Summary: Attached is the final proposed 2012-2017 Capital Improvement Plan (CIP). The City Council must conduct a public hearing on the proposed Capital Improvement Plan (CIP). The proposed CIP must be published to the internet and a public notice providing the date and time of the public hearing published within two weeks of the CIP being posted and the CIP Transmittal Letter reinforces the objectives of the CIP as a planning tool and not a funding mechanism. The attached resolution is the final step to adopt the 2012-2017 Capital Improvement Plan (CIP). Submitted projects have been reviewed by the CIP committee. History: Preparation of the 2012-2017 CIP began February 7th with the submission of proposed projects. The committee reviewed projects March 9th and March 16th. Public meetings were held March 20th, 22nd, and 26th. City Council Discussed the 2012-2017 Capital Improvement Plan (CIP) on March 6th. The CIP was introduced to City Council on April 3rd. Financial Impact: Projects will compete for funding during the FY 2012-2013 budget preparation process. Related Vision Item (if applicable): Infrastructure and Financial Visions Other Information/Recommendation: Staff recommendations approving the CIP and adoption of the resolution. Attachments: 2012-2017 Capital Improvement Plan Presentation: Powerpoint Publication: Notice of this Public Hearing was posted on the website. Reviewed by Service Area Director: Michael Dane, Finance

A RESOLUTION OF THE CITY OF SAN ANGELO ADOPTING THE 2012-2017 CAPITAL PROGRAM

WHEREAS, the City Charter for the City of San Angelo, Texas, provides that the City Manager shall prepare and submit to the City Council a multi-year capital program before the final date for submission of the budget; and, WHEREAS, on March 6, 2012, the Interim City Manager presented a 2012-2017 capital program, which revises and extends the 2011-2016 capital program adopted by the City Council on June 28, 2011; and, WHEREAS, the contents of the 2012-2017 capital program comply with the requirements Section 59A of the City Charter for the City of San Angelo; WHEREAS, pursuant to Section 59A of the City Charter for the City of San Angelo, the City Council by resolution shall adopt the capital program with or without amendment after public hearing and on or before adoption of the annual budget. WHEREAS, as of this date, the 2012 – 2013 annual budget has not yet been adopted; WHEREAS, in accordance with Section 59A of the City Charter for the City of San Angelo, after compliance with all publication and notice requirements, a public hearing for City Council to consider adoption of the proposed 2012-2017 capital program was held on April 17, 2012. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

SECTION 1 The facts and matters set forth in the preamble of this Ordinance

are bound to be true and correct. SECTION 2 It is hereby officially found and determined that the meeting at

which this resolution was passed and adopted was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Local Government Code. SECTION 3 The 2012-2017 capital program is hereby adopted by majority vote of the City Council without amendment, subject to deletion, modification or suspension during the course of the fiscal year based on events, changes in technology or other circumstances which justify such action.

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 Michael T. Dane, Interim City Manager Lysia H. Bowling, City Attorney


City of San Angelo



From: Elizabeth Grindstaff, Assistant City Manager


Contact: Elizabeth Grindstaff, 325.657.4241

Caption: Regular Agenda Item

Discussion and possible action related to the City of San Angelo’s participation in the National League of Cities (NLC) Service Line Warranty Program

Summary:

The NLC Service Line Warranty Program, administered by Utility Service Partners (“USP”), provides residential customers with affordable warranty protection for both water and sewer lines. This program is offered at no cost to the City and is an initiative of the National League of Cities.

Residents who have not set aside money to pay for an unexpected, expensive utility line repair have an opportunity to obtain a low cost warranty that will provide repairs for a low monthly fee, with no deductibles or service fees. The work will be performed by licensed, San Angelo-based plumbers who will call the customer within one hour of the filing of a claim. The repair is performed professionally and quickly, within 48 hours but often within 24 hours. USP provides a personally staffed 24/7 repair hotline for residents, 365 days a year. The warranty contracts are month-to-month and there is no cancellation fee for the resident should they decide they no longer wish to participate.

USP will provide coverage for the portion of the service line for which the homeowner is responsible for (unless the City would like to set it up differently). USP will cover the portion of the lateral water and sewer line that would be most helpful to the city and homeowner. Both products provide repair or replacement of broken or leaking lines including clean-outs. Specific repair coverage is as follows:

• The Water Line Warranty provides for the repair or replacement of a single, buried, outside water line that runs from the point of the utility connection or responsibility to the foundation of the home. This warranty provides coverage of up to $4,000 for each water line repair plus an additional $500 for public sidewalk cutting if needed.

• The Sewer Line Warranty provides for the repair or replacement of a single buried, outside sewer line that runs from the foundation of the home to the main line. This warranty provides coverage of up to $4,000

for each sewer line repair.

History: The NLC Service Line Warranty Program has enjoyed very favorable results in participating cities with an average customer enrollment rate slightly over 12% for each warranty product. Typical residential participation rates range from 25% to 35% after several campaigns. The NLC USP program has been adopted by over 100 cities nationwide and over 150 cities will be enrolled by the fall of 2012. USP has partnered with cities such as Phoenix, Atlanta, and Milwaukee, as well as Odessa, Midland, Abilene, Bryan, and Plano. The North Central Texas Council of Governments (NCTCOG), which consists of cities in the Metro-plex, solicited a Request for Qualifications (RFQ) in 2010 from companies that offer water and sewer service line protection programs. After a thorough evaluation of these businesses, including their financial status, Utility Service Partners, Inc. was chosen as the preferred program for NCTCOG member cities. Since this evaluation has already taken place, the City of San Angelo is able to enter into an interlocal agreement with the NCTCOG, which would give the City the ability to work with USP without having to repeat the RFQ process.

Financial Impact: There is no cost to the City of San Angelo for participating in the program. Instead, there is the possibility of some revenue, a percentage “royalty” offered to the City by USP based on customer participation. It will ultimately be the Council’s decision whether or not to add the royalty in the program cost. However, the royalty could be used to offset other expenses associated with typical residential line repairs that are currently borne by the Water Utilities Department.

Related Vision Item

(if applicable):


Staff recommends the Council agree to participate in the program, and to use an Interlocal Agreement, drafted by the North Central Texas Council of Governments (NCTGOG), to expedite the program’s implementation locally.

Attachments: None

Presentation: A PowerPoint presentation will be given by Mr. Brian Davis of USP.

Publication: NA


NA

Approved by Legal: Dan Saluri, Senior Assistant City Attorney

City of San Angelo



From: Will Wilde, Water Utilities Director


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

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

Summary: The Water Conservation/Drought Contingency Plan is designed to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply shortage. Trigger Points are included in the plan for entering three different drought stages. Based on the water supply currently available to the City, the criteria for entering Drought Stage, Level II, are met. History: The Water Conservation Plan contains the following water supply management levels:

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

Financial Impact: The water rate schedule is adjusted to include additional fees for excessive usage. As an example; for a residential account that uses over 10,000 gallons in a month, an additional fee of $3.50 per 1,000 gallons is added to usage between 10,000 and 19,000 gallons; an additional fee of $5.00 per 1,000 gallons for all usage between 20,000 and 29,000 gallons; and an additional fee of $8.00 per 1,000 gallons for all usage over 29,000 gallons. Related Vision Item (if applicable): None.

Other Information/Recommendation: The City currently is limited to 12.2 million gallons per day (mgd) from Ivie Reservoir. As summer time water usage increases, 8 to 12 mgd will be utilized from Twin Buttes Reservoir to supply the typical daily municipal demand of 20 to 24 mgd. Under Drought Level II, outside watering is limited to once every seven days during the April 1 to October 31 period and once every 14 days from November 1 through March 31. It is recommended the resolution be adopted enacting the Drought Stage, Level II. Attachments: Resolution; Water Conservation/Drought Contingency Plan Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, April 5, 2012.

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

WHEREAS, the City Council of the City of San Angelo has passed an ordinance entitled “Water Conservation and Drought Contingency Plan”; and WHEREAS, said ordinance defines drought stages and water management measures that will be followed for each stage; and WHEREAS, under said ordinance the City Council shall determine the drought stage; and WHEREAS, on April 5, 2012, the water supply available to the City of San Angelo was less than that needed to meet City demands for the next eighteen months; WHEREAS, the minimum criteria for Drought Level II is the total amount of water available to the City from its developed water sources is less than an 18-month supply; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

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

2) All water conservation measures as detailed under the Level II Drought stage shall be

applicable and enforceable; and 3) All water rate adjustments enacted with the implementation of the Level II Drought stage

shall become effective with the beginning of the regular water billing cycle in June 2012; and 4) When the available water supply rises above the trigger point for this stage, the measures

imposed by Level II Drought stage shall automatically be terminated.

PASSED and APPROVED THIS 17th DAY OF MARCH, 2012. CITY OF SAN ANGELO, TEXAS ATTEST: _____________________________ Alvin New, Mayor ___________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM __________________________ ______________________________ Will Wilde, Water Utilities Director Lysia H. Bowling, City Attorney

april 17, 2012 city council agenda packet

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