city council november 15, 2011 agenda packet

City Council Agenda of 4 November 15, 2011

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, November 15, 2011

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamation

“Concho Christmas Celebration Day”, Saturday, December 3, 2011, to be accepted by Lee Pfluger, Chairperson of the Community Committee for Concho Christmas Celebration

D. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the November 1, 2011 City Council Regular meeting minutes

2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents:

a. PK-03-11: Rio Vista Park Renovation Project Playground Equipment, Exerplay, Inc. (Cedar Crest, NM), $54,616.70

b. VM-22-11: Zero Turn Mowers, Cross Texas Supply (San Angelo, Texas ), $26,878.00 c. WU-11-11: Industrial Electric, Mike Verfurth Electric (San Angelo, Texas), $65.00/hour minimum charge

and other rates, as assigned

3. Consideration of approving an Interlocal Agreement between the City of San Angelo and the Concho Valley Council of Governments authorizing sharing of the costs of WebEOC, a web based communications software, that allows for secure, real-time access to emergency response information and communications, and authorizing the City Manager to execute said agreement


4. Consideration of authorization for the City Manager to execute Interlocal Agreements with the Tom Green County for monetary support of the County’s Mental Health Unit and Crisis Intervention Unit

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

a. 29 E 25th Street, (Ramirez), 0.376 acres o/o NW corner of J.B. Harrison Subdivision, F.E. Cramer Survey #318, Abstract 112, $3,000, Suit No. B-07-0027-T

b. Corner Blaze/Richter, (Jessop), Lots 3 & 4, Block “B”, Spencer Addition #1, $2,924, Suit No. B-06-0207

6. Consideration of adopting a Resolution authorizing sale of Tax Resale Lot of Tom Green County:

a. 2005 Shelton Street, (Brown), S ½ of E ½ of Lot 3, Block 4, Home Acres Addition, $500, Suit No. TAX87-0003-B

7. Consideration of authorizing the City Manager or his designee to execute Supplemental Lease Agreement No. 4 to Lease No. GS-07B-15244, and all related documents, between the City of San Angelo and General Services Administration (GSA) at San Angelo Regional Airport

8. Consideration of authorizing the City Manager or his designee to negotiate and execute a Third Amended Concession Agreement with San Angelo Host, Inc. extending the term of the current Concession Agreement for an additional five years pursuant to the option therefore in the current agreement, and amending the terms thereof providing for the dispensing of food, non-alcoholic beverages, and alcoholic beverages in certain facilities owned by the City of San Angelo

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

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

Executive Session under the provision of Title 5, Texas Government Code, Section 551.071 to consult with attorney with regard to a possible settlement agreement of the following: settlement with AEP Texas North Company of any and all claims that the City of San Angelo may have relating to utility charges for unmetered street lighting preceding February 16, 2011.

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

G. PUBLIC HEARING AND COMMENT

9. Presentation of the 3rd Quarter 2011 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB)

(Presentation by Economic Development Chairman Fred Key, CVB Vice President Pamela Miller, and Vice President for Economic Development John Dugan)

10. Consideration of approving the Special Events Community Review Committee’s recommendation regarding San Angelo Girls Fast Pitch Association’s request for in-kind support for the 2012 West Texas All-Star Tournament

(Presentation by Civic Events Manager Anthony Wilson)


11. Discussion and approval of matters related to Health Insurance: the benefits plan design, health insurance premiums, and the allocation of savings derived from the health insurance and ancillary products provider

(Presentation by Human Resources Director Lisa Marley)

12. Discussion on Aerial Truck response emergency runs and related matters

(Requested by City Council and presentation by Fire Chief Brian Dunn)

13. Consideration of awarding bid no. AP-04-11 for Airport terminal reconstruction to Templeton Construction Co. in the amount of $5,925,715.00 and authorizing City Manager or his designee to execute any necessary related documents

(Presentation by Airport Director Luis Elguezabal)

14. Discussion and authorization of City Manager to execute Change Order #3 to the 50th Street Construction & Grape Creek Road Reconstruction Project (ES-1-11) in the amount of $155,489.15 to Reece Albert, Inc. for changing the construction of 50th Street (Travis St. to Armstrong St.) from hot mix asphalt pavement to roller compacted concrete pavement (RCC)

(Presentation by City Engineer Clinton Bailey)

15. Second public hearing of comments for and against proposed annexation of approximately 1,336 acres located northeast of San Angelo’s existing city limits, encompassing an area south of East Farm to Market Road 2105, beginning at a point along San Angelo’s existing city limits line; said points begin approximately 1,290 feet east of the intersection of East 37th Street and Pruitt Road, which extends along San Angelo’s existing city limits for approximately 11,080 feet, including an approximately 1.68-mile segment of right-of-way of Old Ballinger Highway, an approximately 1.64-mile segment of Covington Road, an approximately 0.48-mile segment of right-of-way of East Farm to Market Road 2105, an approximately 0.50-mile segment of right-of-way of East 50th Street, an approximately 0.61-mile segment of right-of-way of North US Highway 277, and an area of 200 acres northeast of the intersection of San Angelo’s existing city limits line and North US Highway 277

(Presentation by Planning Manager AJ Fawver)

16. First Public Hearing and consideration of introduction of an Ordinance amending Ordinance #2011-09-116, previously authorized to execute abandonment of an alley in Fairview Addition, Block 50

AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH ARCHER STREET TO NORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION, RUNNING PARALLEL TO AND SOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN NORTHEASTERN SAN ANGELO; AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.

(Presentation by Planning Manager AJ Fawver)

17. First Public Hearing and consideration of introduction of an Ordinance changing the name of River Drive, extending from 19th Street to Irving Street, to Veterans Memorial Drive

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH THE 19TH STREET RAMP NORTH OF 19TH STREET ON THE WEST TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE


(Presentation by City Engineer Clinton Bailey and Planning Manager AJ Fawver)

18. First Public Hearing and consideration of introduction of an Ordinance changing the name of 50th Street, extending from Grape Creek Road to Covington Road, to Lakeview Heroes Drive

AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH COVINGTON ROAD ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by City Engineer Clinton Bailey and Planning Manager AJ Fawver)

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

(Presentation by Finance Director Michael Dane)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

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

21. Consideration of and possible action regarding settlement with AEP Texas North Company of any and all claims that the City of San Angelo may have relating to utility charges for unmetered street lighting preceding February 16, 2011

22. Discussion and possible action to designate one or more draft redistricting plans as Illustrative Plan(s) to be proposed for public consideration and comment; and, to schedule one or more public hearings at which to receive comments on designated redistricting Illustrative Plan(s) from members of the public

(Presentation by City Manager Harold Dominguez)

23. Consideration of various Board nominations by Council and designated Councilmembers:

a. Civic Events Board: Gary Mundell (SMD5) to a 1st full term October 2014 and Scott Zaruba (Mayor) to a 2nd full term October 2014

24. Consideration of Future Agenda Items

25. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, November 10, 2011, at 5:00 P.M.

/x/_____________________________ Bryan Kendrick, Deputy City Clerk

P R O C L A M A T I O N WHEREAS, The Sixteenth Annual City of San Angelo Concho Christmas Celebration

with over 3 million lights is one of the largest Christmas lighting displays in the state; and,

WHEREAS, The display offers a two and one-half mile walking or driving tour

beginning behind the Main Post Office on the corner of Abe Street and First Street and ending at El Paseo de Santa Angela; and,

WHEREAS, Those involved consist of hundreds of volunteers, including offenders from

the Department of Corrections who assist with installation of Christmas scenes and hang lights, the San Angelo Restaurant Association who supply food to the inmates, R.S.V.P. who deliver inmates’ food, members of the San Angelo Artist’s Society who prepare the giant Christmas Cards; and,

WHEREAS, The Community Christmas Tree Lighting Ceremony will be held Saturday,

December 3rd of 2011, at 5:30 p.m. at the corner of South Chadbourne and West Concho Avenue with activities including the San Angelo Community Band conducted by Dr. David Scott of Angelo State University, the Harmony Belles Chorus directed by Libby Cammack, and the Twin Mountain Tonesmen directed by Mark Clark; and,

WHEREAS, The Community Tree lighting will be followed by the 10th annual Lights of

Christmas Parade, at 6:00 p.m. which may be viewed on 2nd Street between Oakes & Chadbourne, on Chadbourne between 2nd Street & Concho, on Concho between Chadbourne & Oakes, on Oakes back to 2nd Street; and,

WHEREAS, The Tour of Lights can be seen Sunday through Thursday from 6:00 p.m. -

10:00 p.m., and each Friday and Saturday from 6:00 p.m. - midnight, December 2nd through December 31st, 2011.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Saturday, December 3rd of 2011, as

“CONCHO CHRISTMAS CELEBRATION DAY” and encourage citizens to join the activities and view the magnificent display that has become a treasured community event.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 15th day of November, 2011.

THE CITY OF SAN ANGELO _______________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 105 Tuesday, November 1, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, November 1, 2011, 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 Reverend Julian Falcon and pledge was led by Gracie Heineman, 8th Grader, and Vanessa Cable, 7th Grader, of Trinity Lutheran School.

PROCLAMATIONS

“Veteran’s Day November 11, 2011”, to be accepted by Assistant Commander Joe Mahoney and representatives

“International Education Week 2011 - Striving for a Sustainable Future”, week of November 14, 2011, to be accepted by Dr. Sharynn Tomlin, Director and Professor of Management and staff at Angelo State University

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE OCTOBER 18, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID VM-12-11 FOR MEDIUM AND HEAVY DUTY VEHICLES TO CORLEY FREIGHTLINER (SAN ANGELO, TX), $206,261.00, ROBERTS TRUCK CENTER (SAN ANGELO, TX), $314,026.00, AND JIM BASS FORD (SAN ANGELO, TX), $37,789.00 AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

ADOPTION OF A RESOLUTION AUTHORIZATION FOR THE MAYOR TO EXECUTE A TAX DEED FOR THE SALE OF A TAX LOT: (ANNEX A, PAGE 111, RESOLUTION #2011-11-118R)

Adjacent to 421 W Avenue T, (Trevino), Lots 6 & 7, La Villita Heights Addition, Suit #B-05-0217-T ($3,000)

APPROVAL OF THE CONTINUATION OF A CITY POLICY PROVIDING FOR PAID TIME OFF FOR CITY EMPLOYEES WHO CONTRIBUTE A “CARE SHARE”, “DOUBLE CARE SHARE”, OR GREATER TO THE 2011 ANNUAL UNITED WAY CAMPAIGN AND SUBSEQUENT CAMPAIGNS

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

Minutes Vol. 103 November 1, 2011 THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS

Richmond, 1615 Turtle Drive, Lot 72, Group Shady Point, $14,417 Vaughan, 2002 Willow Road, Lot, Group 13, $84,800

ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, A FY2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS) GRANT FOR $119,432.88.00, TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (ANNEX B, PAGE 113, RESOLUTION #2011-11-119R)

ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, A FY2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT FOR $91,320.00, TO CARRY OUT THE CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS AND OBLIGATING THE CITY TO MATCH TEN PERCENT (ANNEX C, PAGE 115, RESOLUTION #2011-11-120R)

AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO CONTRACTS WITH THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION TO PURCHASE AFFORDABLE HOUSING PROGRAM HOMES, PURSUANT TO THE 2011 ANNUAL ACTION PLAN, LOCATED AT 2034 SHELTON STREET AND 2042 SHELTON STREET IN THE AMOUNT OF $100,000.00, EACH, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS AND ALL RELATED DOCUMENTS

ACCEPTANCE OF A GRANT IN THE AMOUNT OF $150,000.00 FROM THE NATIONAL ENDOWMENT FOR THE ARTS (NEA) “TO SUPPORT THE COMMISSIONING OF PUBLIC ART AND CREATION OF UNIQUE PUBLIC SPACES ALONG THE CONCHO RIVER TRAIL” AND AUTHORIZATION FOR THE MAYOR, THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS PERTAINING TO THE GRANT

APPROVAL OF APPOINTMENTS TO MHMR SERVICES FOR THE CONCHO VALLEY BOARD OF TRUSTEES RECOMMENDED BY LIAISON REPRESENTATIVE COMMITTEE

Councilmember Morrison requested the United Way item be considered in the Regular Agenda. Council concurred.

Motion, to approve the Consent Agenda, with the exception of the United Way item, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF THE CONTINUATION OF A CITY POLICY PROVIDING FOR PAID TIME OFF FOR CITY EMPLOYEES WHO CONTRIBUTE A “CARE SHARE”, “DOUBLE CARE SHARE”, OR GREATER TO THE 2011 ANNUAL UNITED WAY CAMPAIGN

Budget Analysis and United Way Loaned Executive Director Morgan Trainer presented background information.

Councilmember Morrison expressed his opposition and concerns that the employee donation is not necessarily a donation since the policy provides an incentive or reimbursement of the donation.

General discussion was held on the number of employees participating and other similar organization incentive programs.

Motion, to disapprove the continuation of the policy, was made by Councilmember Morrison and seconded by Mayor New.

Minutes Page 107 November 1, 2011 Vol. 103 Public comments were made by proponent United Way President Patti Breitreiter.

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

Motion, to approve the policy for the current 2011campaign, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

PUBLIC HEARING AND COMMENT

DISCUSSION AND CONSIDERATION TO RENAME RIVER DRIVE

Councilmember Farmer requested the item and City Engineer Clinton Bailey presented background information. Councilmember Hirschfeld spoke in support of the recommendation and possibly partnering in the future with other organizations to further recognize the Veterans of San Angelo, for example pavers, markers, etc. City Manager Harold Dominguez informed notices are required to be sent to those individuals and businesses located along the roadway advising them of the impending street name change and dedication. Motion, to direct staff to move forward with the dedication and related matters to rename River Drive as Veterans Memorial Drive, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously. CONSIDERATION OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-02-11:

DISCUSSION OF PROPOSALS SUBMITTED FOR REQUEST FOR PROPOSAL HR-02-11 FOR BENEFITS REGARDING HEALTH, DENTAL, VISION, BASIC LIFE/AD&D, VOLUNTARY LIFE/AD&D, POST-65 RETIREE HEALTH AND FLEXIBLE SPENDING ACCOUNTS

Human Resources Director Lisa Marley and Holmes Murphy Consultants Julie Rickman, and Jarrad Wills presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Committee recommended: Dental Care: Delta Dental – Offer 1, PPO Plan 2 Vision: Block Vision Plans 1 & 2 Basic Life: The Hartford Voluntary Life: The Hartford Flexible Spending Account: HealthSmart Post 65 Retiree: Tyco Committee recommendations summarized a $42K in savings. Motion, to authorize the committee recommendations, as presented, was made by Councilmember Adams and seconded by Councilmember Morrison. Motion carried unanimously.

RECESS

At 10:11 A.M., Mayor New called a recess.

RECONVENE

At 10:29 A.M., Council reconvened, and the following business was transacted:

Minutes Vol. 103 November 1, 2011 SELECTION OF AETNA AS THE BENEFIT PROVIDER RELATED TO REQUEST FOR PROPOSAL HR-02-11 AND AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS Human Resources Director Lisa Marley and Holmes Murphy Consultant Jarrad Wills, Brad Tomey, and Mark VanBuskrik presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Employee Benefits Committee Member Lt. Steve Wilson spoke on behalf of the committee. He informed the committee recommended the Aetna Plan and suggested allocating the savings to the employees and retirees via adjusted premiums; thereby, utilizing all the savings this year. Mayor New stated based on his recommended, future increases are not addressed in this presentation. He suggested adjusting the premiums incrementally and creating a dedicated ‘rainy day’ fund to address future increases. Mr. Wilson further explained the majority of the committee’s reasoning was to address the employees switch to a single provider and recognizing such as an incentive to make the transition. Ms. Marley explained the Early Retiree Reinsurance Program (ERRP) fund and informed the City was awarded $330K for 2010 claims. Discussion was held on the number of doctors on both hospital plans, the doctor’s option to sign up on either plan, possible coordinated efforts between the two major hospital providers, rejecting the bid in its entirety, and possibly facing increased premiums due to the rebid. Mr. Wills informed the proposal consisted of a multiyear agreement, with fixed pricing, including health improvement & wellness options. Public comments were made by Vice President for Aetna Public & Labor Louie Heerwagen, Community Medical Center Executive Director Brad Holland, and Shannon Medical Center Executive Director Brian Horner. Motion, to accept Aetna as the Health Provider, as presented, was made by Councilmember Hirschfeld and seconded by Mayor New. Councilmember Farmer left the meeting at 12:21 p.m. and returned at 12:26 p.m. Public comments were made by former retirees Russell Smith and Stephen Brown. A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

RECESS

At12:52 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 1:09 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 551.087 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 2:37 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 2:37 P.M., Mayor New called a recess.

Minutes 9 November 1, 2011 Vol. 103 RECONVENE

At 2:49 P.M., Council reconvened, with the exception of Councilmember Hirschfeld, and the following business was transacted:

PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OF APPROXIMATELY 1,336 ACRES LOCATED NORTHEAST OF SAN ANGELO’S EXISTING CITY LIMITS, ENCOMPASSING AN AREA SOUTH OF EAST FARM TO MARKET ROAD 2105, BEGINNING AT A POINT ALONG SAN ANGELO’S EXISTING CITY LIMITS LINE; SAID POINTS BEGIN APPROXIMATELY 1,290 FEET EAST OF THE INTERSECTION OF EAST 37TH STREET AND PRUITT ROAD, WHICH EXTENDS ALONG SAN ANGELO’S EXISTING CITY LIMITS FOR APPROXIMATELY 11,080 FEET, INCLUDING AN APPROXIMATELY 1.68-MILE SEGMENT OF RIGHT-OF-WAY OF OLD BALLINGER HIGHWAY, AN APPROXIMATELY 1.64-MILE SEGMENT OF COVINGTON ROAD, AN APPROXIMATELY 0.48-MILE SEGMENT OF RIGHT-OF-WAY OF EAST FARM TO MARKET ROAD 2105, AN APPROXIMATELY 0.50-MILE SEGMENT OF RIGHT-OF-WAY OF EAST 50TH STREET, AN APPROXIMATELY 0.61-MILE SEGMENT OF RIGHT-OF-WAY OF NORTH US HIGHWAY 277, AND AN AREA OF 200 ACRES NORTHEAST OF THE INTERSECTION OF SAN ANGELO’S EXISTING CITY LIMITS LINE AND NORTH US HIGHWAY 277

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. She announced that an additional public hearing for comments will be held at the November 15, 2011 meeting. General discussion was held on providing infrastructure for water delivery to other recently annexed areas. Mayor New opened the floor to hear public comments. No comments were received. DIRECTION TO STAFF TO BEGIN PROCEEDINGS TO RENAME CITY PARK AS “FIRE FIGHTERS MEMORIAL CITY PARK” Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. Mayor New expressed his concern on the proposed name and suggested naming the park to encompass other City and public safety departments. Motion, to direct staff to begin proceedings to rename the park, as presented, was made by Councilmember Silvas and seconded by Councilmember Morrison. AYE: Alexander, Morrison, Silvas, and Adams. NAY: New and Farmer. Motion carried 4-2. DISCUSSION AND CONSIDERATION OF THE FISCAL YEAR 2012 BUDGETED CAPITAL FUNDING AS IT RELATES TO THE 2011-2016 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO Finance Director Michael Dane and City Engineer Clinton Bailey presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the prioritized projects suggested by staff. In conclusion, City Council agreed to allocate $1 million to street mill and overlay, and $700k to design cost for the drainage project on Avenue P. Staff advised the project would be started this year and finished with allocated funds next year. Mr. Dane noted staff will seek other options to fund the emergency response projects, e.g. grants and partnerships, and will formalize the plan and bring back for City Council approval.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

0 Minutes Vol. 103 November 1, 2011 APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Civic Events Board: Robert Banskter (SMD3) to a 2nd full term October 2014

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

Construction Board of Adjustments: Gary Donaldson (SMD1) to a 2nd full term February 2013

Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed November 1, 2011 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

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

The meeting adjourned at 4:13 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-C 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 Memorandum Date: November 3, 2011

To: Mayor and Council Members

From: Carl White, Parks & Recreation Director

Subject: Agenda Item for November 3, 2011 Council Meeting

Contact: Carl White, Parks & Recreation Director

Caption: Consent / Purchasing Item

Consideration of awarding a bid and authorizing the City Manager or his designee to execute any necessary related documents: PK-03-11 Playground Equipment purchase for the Rio Vista Park Renovation Project in the amount of $54,616.70.

Summary: Staff recommends authorization of this purchase. It is part of the overall development of the Section 108 Loan funded Rio Vista Park renovation project. The playground will be purchased separately through the Buy Board purchasing cooperative and installed by City Staff. Rio Vista Park is located at the 2700 block of Ben Ficklin near the intersection of Avenue X. The park was first developed in 1972 and has never been renovated. Renovation of the project was delayed due to the facts that not all of the property to be renovated belonged to the City, rather SAISD, and because the SAISD sought a land exchange with the City, essentially trading the Lakeview Stadium property for about 14 acres at Rio Vista. That land exchange has been successfully transacted and staff is finalizing the plans, specifications and bid packets. The attached tentative schedule shows we’re nearing the date for bidding out the project and we anticipate taking a bid award recommendation to Council on the 20th of December.

History: · January 2008 to April 2009, the City sought funding for the project. · In April of 2009, the City was informed that the funding for the project was approved. · In September of 2009, the City Council approved conceptual plans for the project. · Two public meetings were held to gather input on the conceptual plans for the project on September 9 and

October 27 of 2009. · The project was delayed from fall 2009 to early October 2011 because of the land exchange with SAISD.

Financial Impact: The total cost of the playground equipment is $54,616.70. Funds are available from the HUD Section 108 Loan. This is an anticipated expense of the project. Funding in the amount of $650,000 is available for the renovation and, of this amount $450,000 is available for contracting the project. Of the total funds allocated, roughly $200,000 are owner costs associated with design, bidding, inspections, testing, purchase of the playground equipment and fall zone material, purchase of benches and tables, landscaping and a small project contingency. Related Vision Item (if applicable): This overall project includes the development of recreation facilities which do not require City-organized programming. It also includes the development of public restroom facilities.

Other Information/Recommendation: Staff recommends authorization of this purchase.

Attachments: Buy Board purchasing cooperative quote, visual rendering of the playground equipment, tentative schedule for the overall project and general site plan.

Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, November 7, 2011.

QUOTATION

DATE

10/25/2011

NUMBER

MM102511-2

Quote Prepared for:

City of San AngeloRio Vista ParkAttn: Brooks WehnerPh: 325-653-2900Email: [email protected]

SHIPPED VIA

Common Carrier

TERMS

Progress ... RV

FOB

San Angelo TX

EST. SHIP DATE

3- 4 Weeks ARO

TOTAL

PO Box 1160Cedar Crest NM 87008-1160

Fax 505. 281.0155Toll Free 800.457.5444

www.exerplay.com

Exerplay, Inc.PO Box 1160Cedar Crest, NM 87008-1160 Texas Buy Board Contract #346-10Please fax a copy to Exerplay:505-281-0155

Purchase Order to be Issued To:

Quote prepared by Michelle [email protected]

REP

ITEM DESCRIPTION QTY COST TOTAL

Rio Vista ParkSan Angelo, TX

LANDSCAPE STRUCTURES2 - 5 Yr Area

PlayShaper Per Drawing #38887-1-3-2 Includes Double Poly Slide,SlideWinder2, Driver Panel, Mirror Panel, StorefrontPanel, Tracing Panel, Trail Tracker Panel, Slant EntrancePanel and Belt Bridge

1 11,865.00 11,865.00

LSI 164075B Double Bobble Rider, Direct Bury, 131 lbs. 1 1,455.00 1,455.00LSI 164074B Single Bobble Rider, Direct Bury, 77 lbs. 2 845.00 1,690.00LSI 176038G Full Bucket Seat with ProGuard Chains for Toddler Swing,

11 lbs.2 228.50 457.00

LSI 177336A Toddler Swing Frame, 136 lbs. 1 844.00 844.00LSI 100105A Age Appropriate Sign, 2-5 Years w/2 Posts, 42 lbs. 1 525.00 525.00

5 - 12 Yr AreaPlayBooster Per Drawing #38887-1-3-1 Includes Firepole, SpyroSlide,

Starburst Climber, Escalator Climber, 84" Disc Challenge,Pilot Panel, Ring-A-Bell Panel, Storefront Panel and GyroTwister

1 32,755.00 32,755.00

LSI 177332A Single Post Swing Frame, 213 lbs 1 969.00 969.00LSI 177333A Single Post Swing Frame, Additional Bay, 129 lbs 1 729.00 729.00LSI 174018A Belt Seat ProGuard Chains for 8' Beam 4 93.00 372.00LSI 100106A Age Appropriate Sign, 5-12 Years, PS Posts, 42 lbs. 1 525.00 525.00

Sub-Total 52,186.00DISC - BUY BOARD Buy Board Discount, 346-10 -5.00% -2,609.30Freight Freight/Shipping Charges (150-285-11) 5,040.00 5,040.00

Notes Pricing is for the above listed equipment only and doesnot include installation, off loading of equipment at time ofdelivery, storage, security, site preparation, securityfencing, or any applicable taxes, bonds or permits.

Pricing is good for 30 days.

0.00

$54,616.70

Rio Vista Park

Tentative Schedule

Deliver to Purchasing November 4

(Drawings & Specifications)

Legal review Complete November 18

Open Bid November 21

Pre-Proposal Mtg. November 30

Close Bid December 12

Go To Council December 20

Negotiate Contract January 11

Contractor Begins Work January 25

(6 month construction period)

Contractor Complete July 25

(City to Establish turf, install park signs, etc. prior to opening)

Park Opening Late Summer/Early Fall 2012

City of San Angelo

Memo

Date: October 31, 2011

To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for November 15, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of awarding bid VM-22-11 for Zero Turn Mowers, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for zero turn mowers from Cross Texas Supply – San Angelo, TX and Hamilton Supply – Abilene, TX. Bids were received from Cross Texas Supply and Concho Power Equipment of San Angelo, TX. History: Bids were requested for replacing current equipment that are past their useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base, advertised in local media and the internet. If awarded, the bid may be used for this and subsequent purchases for a period of one year from the date of award. Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: The City recommends awarding the bid in its entirety to Cross Texas Supply. This purchase will consist of two (2) zero turn mowers for a total amount expensed of $26,878.00. The budget account for this transaction will be 501-6000-800-0741. Additionally, purchases of $50,000.00 or more will be submitted to Council at that time for approval. Although this purchase does not exceed the $50,000 Formal Bid threshold, the same commodity was purchased in January of this year for $26,000. In accordance with purchasing policy, the combination of these two purchases exceed the $50,000 requirement, thus mandating a formal bid. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Cross Texas Supply (San Angelo, TX). Attachments: Bid Tabulation VM-22-11 Reviewed by: Ricky Dickson, Operations Director

Bids\Agenda Background\Background Memo VM-22-11 - Zero Turn Mowers.doc X:\PF Documents\Bid Documents\2012 Equipment

Item Description Est

imat

ed Q

uan

tity

Unit Price Extended Price Unit Price Extended Price

1. New and Unused Zero Turn Mower 2 $15,110.40 $30,220.80 $13,439.00 $26,878.00 2. Parts, Service, and Operator Manuals 1 $0.00 $0.00 $0.00 $0.00

$30,220.80 $26,878.00

Requests for Bids were mailed to:Cross Texas Supply San Angelo, TXHamilton Supply Abilene, TX

Total Bid

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐22‐11/Zero‐Turn Mowers * October 25, 2011

Concho Power Equipment Cross Texas Supply

City of San Angelo

Memo Date: November 2, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for November 15th Council Meeting

Contact: Thomas Kerr, Assistant Director of Water Utilities, 657-4208

Caption: Consent Item

Consideration of Award of Contract; Bid PUR: WU-11-11 “Industrial Electric” to Mike Verfurth Electric

Summary: The City solicited bids from eight local electrical contractors. Bids were received from Bunyard Hasty Electric, Inc. and Mike Verfurth Electric. Bunyard Hasty Electric, Inc. provided a ‘No Bid’ response. Bids had no deviations or exceptions to the specifications. History: The work contracted in this bid is the industrial electric (high voltage and large power) and instrumentation and controls items.

Financial Impact: Contractors are utilized on an as needed basis and expenditures are allocated to the appropriate division per the unit cost bid. Related Vision Item (if applicable): None. Other Information/Recommendation: Staff recommends the bid from Mike Verfurth Electric be awarded and the City Manager be authorized to execute the contract. Attachments: “WU-11-11” Bid Tabulation. Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, November 2, 2011.

City of San Angelo



From: Ron Perry, Emergency Management Coordinator


Contact: Ron Perry, Emergency Management, 325-657-4230

Caption: Consent: Consideration of approving an Interlocal Agreement between the City of San Angelo and the Concho Valley Council of Governments authorizing sharing of the costs of WebEOC, a web based communications software, that allows for secure, real-time access to emergency response information and communications, and authorizing the Mayor and/or City Manager to execute said Interlocal agreement.

Summary: The capacity to facilitate and manage the sharing of information between the City of San Angelo and the counties and cities within the Concho Valley Council of Governments during disaster or civil emergency will enhance the effectiveness and efficiency of emergency response in the best interest of the respective communities within the Concho Valley Council of Governments

History: In April of 2009, the City of San Angelo procured a license for use of WebEOC software under specific terms of license agreement, and has acquired related hardware components utilizing federal Homeland Security Grant Program funds, which License for web based software allows for shared, secure, real-time communications and access to information and reports of emergency response to disasters or civil emergencies.

Financial Impact: The initial statement of costs expected to be incurred by City and billed to CVCOG for the annual year 2011 is $3,300.00

Related Vision Item

(if applicable):

The sharing of the City Emergency Management WebEOC program with participating cities and counties of the Concho Valley Council of Governments will provide for another layer of communications redundancy.

Other Information/ Recommendation:

Staff recommends approval for the Mayor or City Manager to sign the WebEOC Interlocal Agreement between the City of San Angelo and the Concho Valley Council of Governments.

Attachments: City of San Angelo Interlocal Agreement with the Concho Valley Council of Governments

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director:

Harold Dominguez, City Manager

Approved by Legal: Date of Approval (attach Legal Approval Form)

Adopted: 5/30/03 Revised: 1/16/08

City of San Angelo

Memo Date: 10/7/11


From: Robert Martinez, Assistant Chief of Police


Contact: Assistant Chief Robert Martinez, 657-4336

Caption: Consent Agenda Item

CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENTS WITH THE TOM GREEN COUNTY FOR MONETARY SUPPORT OF THE COUNTY’S MENTAL HEALTH UNIT AND CRISIS INTERVENTION UNIT

Summary: During the Budget process the City Council approved contributions to the County for provision of Mental Health Unit services and Crisis Intervention Unit services. These Agreements detail services which are provided to the City by these Units.

History: See above. Financial Impact: The City of San Angelo will pay the County $26,132 to support the Crisis

Intervention Unit and $77,278 to support the Mental Health Unit. Other Information/Recommendation: Staff recommends approval. Attachments: Crisis Intervention Unit Interlocal Agreement, Mental Health Unit Interlocal Agreement Presentation: none Reviewed by Service Area Director: Assistant Chief Robert Martinez, Police Department,

10/07/11

INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY

FOR SERVICES FROM THE COUNTY CRISIS INTERVENTION UNIT

This Interlocal Agreement is entered into, pursuant to the Interlocal Cooperation Act, Texas Government Code Section 791.000 et. seq., by and between Tom Green County, (hereinafter the “County”) and the City of San Angelo, Texas, a Texas home rule municipal corporation situated in Tom Green County, Texas, (the “City”). City and County may be referred to as “Party” or “Parties” herein.

WITNESSETH

WHEREAS, the County operates a crisis intervention unit (“CIU”) to provide services to victims of crime; and

WHEREAS, the City desires to support the County in this endeavor; and

WHEREAS, this Agreement provides for the City to benefit from the operation of the CIU and to contribute to the expenses associated with the CIU;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND BENEFITS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1: PURPOSE.

The purpose of this Agreement is to set forth the terms and conditions agreed upon by the Parties in order for the City to participate in the costs and benefits associated with the CIU. ARTICLE 2: TERM.

The term of this Agreement shall commence on October 1, 2011 and shall continue in full force and effect until September 30, 2012. This Agreement may be terminated prior to this date in accordance with the termination provisions contained herein. ARTICLE 3: OBLIGATIONS OF CITY. The City agrees to: Pay to the County Twenty-Six Thousand One Hundred Thirty-Two and 00/100 dollars ($26,132.00) upon execution of this Agreement.

ARTICLE 4: OBLIGATIONS OF COUNTY. The County agrees to operate a crisis intervention unit through the Tom Green County Sheriff’s Department. The CIU shall: 1. Provide staff and trained civilian volunteers. 2. Operate three hundred sixty-five (365) days per year, twenty-four (24) hours per

day. 3. Respond to crisis calls involving crime victims in the city and county. 4. Provide crisis counseling, assessment of needs, information and referrals,

emergency transportation, assist with emergency protective orders for victims of family violence and stalking and respond to death scenes when requested.

5. Utilize the Twenty-Six Thousand One Hundred Thirty-Two and 00/100 dollars

($26,132.00) provided by the City to support the CIU by paying a portion of the salary, benefits and cell phone expenses of the CIU coordinator.

ARTICLE 5: NO JOINT ENTERPRISE.

This Agreement is not intended to create a joint enterprise. By entering this Agreement, the Parties are undertaking a governmental function or service the purpose of which is to further the public good. The Parties do not jointly or severally have a pecuniary purpose or profit motive in executing or performing this Agreement. The Parties do not have an equal or mutual right of control. ARTICLE 6: STATUS OF EMPLOYEES.

Each Party shall retain supervision and control of its own employees at all times while performing this Agreement and no employee of one entity shall be considered a borrowed servant of the other entity for Workers’ Compensation purposes or for any other reason. The City agrees that all persons employed by it to furnish services hereunder are employees, agents or representatives of the City and not of County, and the County agrees that all persons employed by it to furnish services hereunder are employees, agents or representatives of the County and not of the City. Such employees, agents or representatives of either entity are not entitled to benefits conferred on the other entity’s employees. ARTICLE 7: TERMINATION.

This Agreement may be terminated at any time by mutual agreement of the Parties.

ARTICLE 8: 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. ARTICLE 9: ENTIRE AGREEMENT.

This Agreement supersedes any and all other agreements, 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. ARTICLE 10: AMENDMENT.

This Agreement may only be amended by the mutual agreement of the Parties hereto in a writing signed by a duly authorized representative of each Party and attached to and incorporated into this Agreement. All amendments to the Agreement shall be submitted to the City Council and Commissioners Court for their consideration and approval. ARTICLE 11: SEVERABILITY.

In the event that any one or more of the provisions contained in this 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. ARTICLE 12: FORCE MAJEURE.

In the event that either Party shall be prevented from performing its duties under this Agreement by an act of nature, by acts of war, riot, 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. ARTICLE 13: EXCLUSIVITY.

This Agreement is non-exclusive and nothing herein shall in any way limit the right of

the Parties to enter into agreements with other individuals or entities to provide the same or similar service. ARTICLE 14: NOTICE.

Any notice to be given hereunder by either Party to the other shall be in writing and

sent by First Class U.S. Mail, registered or certified, return receipt requested as follows:

To County:

Name: Honorable Michael D. Brown Title: County Judge Address: 122 West Harris

San Angelo, Texas 76903 Telephone No.: 325/653-3318 Facsimile No.: 325/659-3258

To City:

Name: The City of San Angelo Title: Attn: City Manager Address: 72 West College Ave.


ARTICLE NO. 15: APPLICABLE LAW This Agreement is not intended to create any legal rights enforceable by any third Party against either Party, nor is it intended to waive any rights or defenses available to any Party. City and County will have rights, immunities, and defenses available to them under law. Venue for any proceeding brought pursuant to this Agreement shall be in Tom Green County, Texas. Nothing herein contained shall be deemed to constitute a waiver by City or County of the immunities afforded them under state law. ARTICLE NO. 16: ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES.

Due to the unique nature of this Agreement, the Parties agree that neither City nor County may assign its rights or delegate its duties hereunder to any third Party without the prior written consent and approval of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, transfer or conveyance without such written consent shall be null and void.

ARTICLE NO. 17: CAPTIONS.

The headings of the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the expressed provisions of this Agreement.

EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of _____________, 2011.

CITY OF SAN ANGELO

By: __________________________________ Harold Dominguez, City Manager

ATTEST: ______________________________ Alicia Ramirez, City Clerk

EXECUTED in duplicate originals by Tom Green County on this the _____ day of ____________, 2011.

TOM GREEN COUNTY

By __________________________________ Michael D. Brown, County Judge, Tom Green County, acting in his official capacity as County Judge and not individually

ATTEST: ______________________________ Elizabeth McGill, County Clerk Approved as to content: Approved as to form:

By: ________________________ By: ________________________ Tim Vasquez, Lysia H. Bowling,

Police Chief City Attorney

INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY AND THE TOM GREEN

COUNTY SHERIFF FOR SERVICES FROM THE COUNTY MENTAL HEALTH UNIT

This Interlocal Agreement is entered into, pursuant to the Interlocal Cooperation Act,

Texas Government Code Section 791.000 et. seq., by and between Tom Green County, and the Tom Green County Sheriff (hereinafter the “County”) and the City of San Angelo, Texas, a Texas home rule municipal corporation situated in Tom Green County, Texas, (the “City”). City and County may be referred to as “Party” or “Parties” herein.

WITNESSETH

WHEREAS, the County operates a mental health unit (“MHU”) for the benefit of its citizens and to allow patrol units to return to their law enforcement duties when a mental health situation arises; and

WHEREAS, the City desires to support the County in this endeavor; and

WHEREAS, this Agreement provides for the City to benefit from the operation of the MHU and to contribute to the expenses associated with the MHU;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND BENEFITS SET FORTH BELOW, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1: PURPOSE.

The purpose of this Agreement is to set forth the terms and conditions agreed upon by the Parties in order for the City to participate in the costs and benefits associated with the MHU. ARTICLE 2: TERM.

The term of this Agreement shall commence on October 1, 2011 and shall continue in full force and effect until September 30, 2012. This Agreement may be terminated prior to this date in accordance with the termination provisions contained herein. ARTICLE 3: OBLIGATIONS OF CITY. The City agrees to: Pay to the County Seventy-Seven Thousand Two Hundred Seventy-Eight and 00/100 dollars ($77,278.00) upon execution of this Agreement.

ARTICLE 4: OBLIGATIONS OF COUNTY. The County agrees to operate a mental health unit through the Tom Green County Sheriff’s Department. The MHU shall: 1. Consist of five (5) deputies and one (1) supervisor. 2. Operate three hundred sixty-five (365) days per year, twenty-four (24) hours per

day. 3. Respond to crisis calls involving the mentally ill or suicidal/homicidal subjects in the

city and the county. 4. Assure that mentally ill and suicidal/homicidal subjects are assessed and

transported to appropriate and safe facilities. 5. Utilize the Seventy-Seven Thousand Two Hundred Seventy-Eight and 00/100

dollars ($77,278.00) provided by the City to support the MHU by paying salaries, providing supplies and equipment, and maintenance of equipment, including automobiles.

ARTICLE 5: NO JOINT ENTERPRISE.

This Agreement is not intended to create a joint enterprise. By entering this Agreement, the Parties are undertaking a governmental function or service the purpose of which is to further the public good. The Parties do not jointly or severally have a pecuniary purpose or profit motive in executing or performing this Agreement. The Parties do not have an equal or mutual right of control. ARTICLE 6: STATUS OF EMPLOYEES.

Each Party shall retain supervision and control of its own employees at all times while performing this Agreement and no employee of one entity shall be considered a borrowed servant of the other entity for Workers’ Compensation purposes or for any other reason. The City agrees that all persons employed by it to furnish services hereunder are employees, agents or representatives of the City and not of County, and the County agrees that all persons employed by it to furnish services hereunder are employees, agents or representatives of the County and not of the City. Such employees, agents or representatives of either entity are not entitled to benefits conferred on the other entity’s employees. ARTICLE 7: TERMINATION.

This Agreement may be terminated at any time by mutual agreement of the Parties.

ARTICLE 8: 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. ARTICLE 9: ENTIRE AGREEMENT.

This Agreement supersedes any and all other agreements, 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. ARTICLE 10: AMENDMENT.

This Agreement may only be amended by the mutual agreement of the Parties hereto in a writing signed by a duly authorized representative of each Party and attached to and incorporated into this Agreement. All amendments to the Agreement shall be submitted to the City Council and Commissioners Court for their consideration and approval. ARTICLE 11: SEVERABILITY.

In the event that any one or more of the provisions contained in this 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. ARTICLE 12: FORCE MAJEURE.

In the event that either Party shall be prevented from performing its duties under this Agreement by an act of nature, by acts of war, riot, 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. ARTICLE 13: EXCLUSIVITY.

This Agreement is non-exclusive and nothing herein shall in any way limit the right of

the Parties to enter into agreements with other individuals or entities to provide the same or similar service.

ARTICLE 14: NOTICE.

Any notice to be given hereunder by either Party to the other shall be in writing and sent by First Class U.S. Mail, registered or certified, return receipt requested as follows:

To County:

Name: Honorable Michael D. Brown Title: County Judge Address: 122 West Harris


To City:

Name: The City of San Angelo Title: Attn: City Manager Address: 72 West College Ave.


ARTICLE NO. 15: APPLICABLE LAW This Agreement is not intended to create any legal rights enforceable by any third Party against either Party, nor is it intended to waive any rights or defenses available to any Party. City and County will have rights, immunities, and defenses available to them under law. Venue for any proceeding brought pursuant to this Agreement shall be in Tom Green County, Texas. Nothing herein contained shall be deemed to constitute a waiver by City or County of the immunities afforded them under state law. ARTICLE NO. 16: ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES.

Due to the unique nature of this Agreement, the Parties agree that neither City nor County may assign its rights or delegate its duties hereunder to any third Party without the prior written consent and approval of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, transfer or conveyance without such written consent shall be null and void.

ARTICLE NO. 17: CAPTIONS.

The headings of the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the expressed provisions of this Agreement.

EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of _____________, 2011.

CITY OF SAN ANGELO

By: __________________________________ Harold Dominguez, City Manager

ATTEST: ______________________________ Alicia Ramirez, City Clerk

EXECUTED in duplicate originals by Tom Green County on this the _____ day of ____________, 2011.

TOM GREEN COUNTY

By __________________________________ Michael D. Brown, County Judge, Tom Green County, acting in his official capacity as County Judge and not individually By ___________________________________ Truman Richey, Tom Green County Sheriff, acting in his official capacity as Sheriff and not individually

ATTEST: ______________________________ Elizabeth McGill, County Clerk Approved as to content: Approved as to form:

By: ________________________ By: ________________________ Tim Vasquez, Lysia H. Bowling,

Police Chief City Attorney

Memo Date: October 27, 2011


From: Roger S. Banks, Purchasing, Division Manager


Contact: Diana Farris, Purchasing Specialist, 657-4212


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

A. 29 E 25th Street, (Ramirez), 0.376 acres o/o NW corner of J.B. Harrison Subdivision, F.E. Cramer Survey #318, Abstract 112, $3,000, Suit No. B-07-0027-T

B. Corner Blaze/Richter, (Jessop), Lots 3 & 4, Block “B”, Spencer Addition #1, $2,924, Suit No. B-06-0207

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.

OFFERS Location Size Date Auctioned Offer Will Satisfy…

29 E 25th Street 100’ x 164’ 06/07/11 All court costs and a large portion of the taxes Corner Blaze/Richter 50’ x 300’ 03/02/10 The total amount due under the judgment

History: The following 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.

29 E 25th Street Corner Blaze/Richter

Taxes $2,587.19 $2,125.62 Sheriff Fees $100.00 $100.00 District Clerk $414.00 $333.00 Attorney Fees $365.00 $365.00 Administration $350.00 $350.00 Municipal Liens $334.81 $0.00

Total $4,151.00 $3,273.62 Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll.

Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Resolutions (Ramirez) (Jessop), Tax-Resale Deeds (Ramirez) (Jessop), and Property Location Maps (Ramirez) (Jessop) 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)

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

Trustee for itself, Tom Green County, San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jessica Marie Ramirez, a single person 25 E. 25th 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):

0.376 Acre, more or less, being a tract of land measuring 100 feet by 164 feet out of the Northwest corner of the J.B. Harrison Subdivision, F.E. Cramer Survey No. 318, Abstract 112, Tom Green County, Texas, as described in Volume 831, 1, Deed Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on August 7,

2009, in Cause No. B-07-0027-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 June 30, 2011, and recorded in Instrument Number 705024, 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 By: ____________________________

ATTEST: Alvin New, Mayor and duly-authorized agent

Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2011, 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 of San Angelo CCCC CCCCCCCC

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RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to 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:

0.376 acre, more or less, being a tract of land measuring 100 feet by 164 feet out of the Northwest corner of the J.B. Harrison Subdivision, F.E. Cramer Survey No. 318, Abstract 112, Tom Green County, Texas, as described in Volume 831, Page 391, 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 705024, 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 JESSICA MARIE RAMIREZ, a single person, for the consideration of Three Thousand and 00/100 Dollars ($3,000.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO

______________________________ Alvin New, Mayor

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

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

Tax-Resale Deed (Property Sold for Not Less than Adjudged Value)

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

for itself, Tom Green County, and San Angelo Independent School District. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Jayson J. Jessop, a married person 3371 Knickerbocker Road #88 San Angelo, Tom Green County, Texas 76904 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lots 3 and 4, Block “B”, Spencer Addition No. 1, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 206, Page 330, Deed Records of Tom Green County, Texas

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

Cause No. B-06-0207-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 22, 2010, and recorded in Instrument Number 684002, 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 not less than the lesser of (1) the market value specified in the Judgment, or (2) the total amount of the Judgment.

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

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

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

ATTEST: Alvin New, Mayor and duly-authorized agent

Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2011, 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 of San Angelo

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Not Less Than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to 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 3 and 4, Block “B”, Spencer Addition No. 1, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 206, Page 330, Deed Records of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument No. 684002 of the Official Public Records of Real Property, Tom Green County, Texas; and, WHEREAS, the City Council, has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is greater than or equal to the market value specified in the Judgment of foreclosure or greater than or equal to the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to JAYSON J. JESSOP, a married person, for the consideration of Two Thousand Nine Hundred Twenty-Four and 00/100 Dollars ($2,924.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.


_______________________________ 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



From: Judge Mike Brown, Tom Green County Judge


Contact: Diana Farris, Purchasing Specialist, 657-4212


Consideration of adopting a Resolution authorizing sale of Tax Lot by Tom Green County:

A. 2005 Shelton Street, (Brown), S ½ of E ½ of Lot 3, Block 4, Home Acres Addition, $500, Suit No. TAX87-0003-B

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

OFFERS Location Size Date Auctioned Offer Will Satisfy…

2005 Shelton Street 71’ x 153’ 1989 All court costs and a small portion of the taxes

History: The following 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.

2005 Shelton Street Taxes $1,452.77 Sheriff Fees $40.00 District Clerk $115.00 Attorney Fees $0.00 Administration $0.00 Municipal Liens $0.00

Total $1,607.77 Financial Impact: Upon approval: (1) Court Cost will be distributed according to the judgment on the Sheriff’s Return and (2) Property will be reinstated back onto tax roll.

Other Information/Recommendation: Tom Green County Commissioners’ Court approved the sale of the property. Authorization by resolution from all three taxing entities is required when property is sold for less than the adjudged value. Attachments: Resolutions and Property Location Maps Presentation: N/A Reviewed by Service Area Director: Michael Dane, Director of Finance

City of San Angelo

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE SALE OF A TAX RESALE OF TOM GREEN COUNTY

Date: ___________________ Buyer: MARVIN W. BROWN 19111 HWY 183 North May, TX 76857 Property: S. ½ of E ½ of Lot 3, Block 4, Home Acres Addition, City of San Angelo,

Tom Green County, Texas Purchase Price: Buyer will purchase the Property for the sum of FIVE HUNDRED and

NO/100 DOLLARS ($500.00). Tax Warrant: The Tax Warrant for the foreclosure of a tax lien against the Property

entered on December 10, 1987 in Suit No. TAX87-0003-B by the 119th District Court of Tom Green County, Texas.

Sheriff’s Deed: Sheriff’s Tax Deed dated February 10, 1989, filed of record on February

10, 1989 and recorded on Volume 125, Page 90 of the Official Public Records of Real Property, Tom Green County, Texas.

WHEREAS, Tom Green County, a political subdivision of the State of Texas, 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 the Sheriff’s Tax Deed. WHEREAS, the City of San Angelo, a Texas home rule municipal corporation, is one of the taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment. WHEREAS, Tom Green County now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from Tom Green County, in a private sale for the Purchase Price, an amount that is less than the lesser of (1) the market value specified in the Tax Warrant or (2) the total amount of the Judgment. WHEREAS, Texas Tax Code §34.05(i) requires that Tom Green County consent to any sale of the Property upon such terms; and WHEREAS, the City of San Angelo desires to consent to the sale of the Property to Buyer as proposed by Tom Green County and the San Angelo City Council makes this Certificate of Resolution for the purpose of evidencing Tom Green County’s resolution to consent to the sale of the Property to Buyer for the Purchase Price;

NOW, THEREFORE, the San Angelo City Council convened on ________________, 2011, for its regularly-scheduled meeting, following proper notice and agenda posting as required by law. At such meeting, the San Angelo City Council fully discussed and considered the sale of the Property to Buyer. Following a full evaluation of the matter and review of the proposed sale, upon motion duly made, seconded and unanimously carried, it was:

RESOLVED, that the San Angelo City Council authorizes Tom Green County to sell the Property to Buyer for the Purchase Price, in accordance with §34.05(i) of the Texas Tax Code; and further,

RESOLVED, that San Angelo Mayor, Alvin New, is hereby authorized and directed to execute any and all instruments on behalf of the San Angelo City Council that may be appropriate or necessary to effectuate the sale of the Property to Buyer as contemplated herein.


_______________________________ Alvin New, Mayor

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

MEMORANDUM

Date: November 2, 2011 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 11-15-11 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: Consent Agenda:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT No. 4 TO LEASE NO. GS-07B-15244, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND GENERAL SERVICES ADMINISTRATION (GSA) AT SAN ANGELO REGIONAL AIRPORT.

Summary: GSA leases two areas at the airport on behalf of the Transportation Security Administration (TSA). Lease No. GS-07B-15244 expires on November 19, 2011. GSA is requesting a Supplemental Lease Agreement to extend the term of the lease for 24 months or pending the award of a long term lease.

Staff from the airport and Legal department is currently working with GSA for a long

term lease. Financial Impact: The term of the lease will remain in place. Future rate increase will be added to

the long term lease. Related Vision Item: None. Other Information/Recommendation: Staff recommends approval. Attachments: Supplemental Lease Agreement No. 4 Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 11-02-11

City of San Angelo Parks & Recreation



From: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for Nov. 15, 2011, Council Meeting

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


Consideration of authorizing the City Manager or his designee to negotiate and execute a Third Amended Concession Agreement with San Angelo Host, Inc. extending the term of the current Concession Agreement for an additional five years pursuant to the option therefore in the current agreement, and amending the terms thereof providing for the dispensing of food, non-alcoholic beverages, and alcoholic beverages in certain facilities owned by the City of San Angelo

Summary: The City’s current concession agreement with San Angelo Host expires April 20, 2012. That agreement allows for a five-year extension option, which both sides wish to execute.

History: The City entered into an agreement with San Angelo Host April 3, 2007, to provide concession services at certain City-owned properties, particularly Civic Events venues. Since that time, San Angelo Host has proven to be a great partner. San Angelo Host and its owner, Carlo Campanelli, have over the past 4½ years provided exceptional customer service and high-quality food and beverages at reasonable prices to events both huge (such as the San Angelo Rodeo) and small (including private weddings). The San Angelo Stock Show and Rodeo Association has been especially pleased with the quality of service San Angelo Host provides to the Rodeo and its fans.

The current agreement allows for the parties to exercise a five-year extension. Both sides wish to do that.

At the same time, the proposed extended agreement, which would take effect April 1, 2012, has been amended, chiefly to give San Angelo Host the exclusive rights to sell concessions at the Texas Bank Sports Complex, El Paseo’s tiered plaza, and the Municipal Pool. Additionally, San Angelo Host would have the exclusive right to sell alcoholic beverages at or on most Parks and Recreation Department properties (including all parks during events at which alcohol is sold) and non-exclusive rights to sell food and non-alcoholic beverages at those same locations. This amended agreement would also create another five-year extension option, effective April 1, 2017.

Financial Impact: San Angelo Host pays the City 20 percent of its gross revenues from the sale of food and non-alcoholic beverages and 25 percent from its sale of alcoholic beverages. These rates were approved by Council in a contract amendment on Sept. 17, 2008. In fiscal year 2011, San Angelo Host paid $28,631 to the Civic Events Division and $8,105 to the Recreation Division.

Related Vision Item: N/A


Prior to contracting with San Angelo Host, the City operated its own concessions. San Angelo Host has proven better able to provide the level of service that customers expect and demand. Staff recommends approval of the amended agreement.

Attachments: Third Amended Concession Agreement.

Presentation: N/A

Publication: N/A

Reviewed by Director:

Carl White, Parks and Recreation Director, Oct. 28, 2011

Approved by Legal: Yes

THIRD AMENDED CONCESSION AGREEMENT

This Third Amended Concession Agreement (the “Third Amended Agreement”) is

by and between the City of San Angelo (“City”), a Texas home rule municipal corporation, acting by and through its duly authorized Mayor, and San Angelo Host, Inc. (“Concessionaire”), a Texas corporation acting by and through its duly authorized officers (the City and Concessionaire hereinafter being referred to collectively as the “Parties”). This Third Amended Agreement restates all of the terms, conditions, obligations, covenants and relationship between the Parties and from its effective date as stated herein supersedes the terms set forth in the original Concession Agreement, and First and Second Amended Concession Agreements between the Parties, which prior Concession Agreement and First and Second Amended Concession Agreements are hereby rescinded and of no force or effect.

1. GRANT

1.1 Privileges and Obligations. For the consideration stated and subject to the terms, provisions, covenants and conditions set forth herein, City grants to Concessionaire the concession privileges described herein, and the Concessionaire agrees to provide and perform the services described herein at the City facilities identified on Exhibit “A” (herein also referred to as the “Premises”) in addition to facilities that may be added in the future by mutual agreement of the Parties in writing. The concession privileges granted shall be either exclusive or non-exclusive with respect to the facility, the function or event, and with respect to alcoholic beverages as indicated on Exhibit “A” and as specifically provided hereinafter. Exhibit “A” is attached hereto and made a part hereof for all purposes as if fully set forth herein.

1.1.1 Concessionaire shall have the exclusive right to the provision of alcoholic

beverages at any City property where the City Manager or his designee has the authority to approve the sale of alcoholic beverages.

1.1.2 Exclusive Contracts. This Agreement is subject to City’s exclusive

contract for sale of Coca-Cola products. The City reserves the right to enter into similar exclusive contracts for sale of products at its facilities directly or through an agency, and Concessionaire agrees to abide by such contracts provided Concessionaire is permitted to purchase such product at more competitive prices through Coca-Cola’s authorized dealers (or authorized dealers of other products for which City has exclusive contracts), if necessary. Should such contract impact negatively on the cost of product purchased by Concessionaire from Coca-Cola or such similar company contracted by the City and no authorized dealer can be found, then Concessionaire shall have the right to increase the selling price of such product conditioned upon prior written consent of the City Manager or his designee.

City/San Angelo Host, Inc., Third Amended Concession Agreement, Page 2 of 22

1.1.3 Exception for Concession Sales by Event Promoters. Excepted from the concession privileges granted Concessionaire herein are concessions – excluding alcoholic beverages -- operated by Event Promoters pursuant to lease agreements by and between City and the Event Promoter relating to events at any facilities owned or operated by City. All such exceptions must be mutually agreed upon in advance and in writing by the City and the Concessionaire.

1.1.4 Concessionaire understands that it will not have an exclusive right or

obligation to serve food, non-alcoholic or alcoholic beverages at the following events: Texas Wine and Food Festival, Taste of San Angelo, Disney/Feld Entertainment, and Barnum and Bailey.

1.1.5 Nothing in this Agreement shall prohibit the City from providing that its

tenants may handle or dispense certain items or products peculiar to such tenants’ production of events, such as programs, souvenirs and novelties, sample-sized food and beverages.

1.1.6 City grants Concessionaire the non-exclusive right to utilize the

Convention Center’s kitchen facilities to prepare for concession events scheduled through the City’s Civic Events Division.

1.1.7. Concessionaire understands that its exclusive right to the provision of food

within the Coliseum, Convention Center and other City facilities shall be limited to those events at which food is to be sold. This provision allows for private catered events within the Coliseum, Convention Center and other City facilities using outside caterers other than Concessionaire. Concessionaire shall enjoy the exclusive right to the provision of alcohol at all events at which alcoholic beverages are sold at the Coliseum, Convention Center and all other City Facilities.

2. TERM

2.1 Term. The term of this Agreement shall be from 12:01 a.m. on the 1st day

of April , 2012, its effective date, through 12:01 a.m. on March 30 , 2017, or unless sooner terminated as provided in Article 10.

3. PAYMENTS

3.1 3.1 Percentage Payments. Concessionaire shall pay to City on the twentieth

(20th) day of each and every month during the term hereof, commencing with the 20th day of May . , 2012, the following percentages of Gross Revenues from concessions and catering less any applicable sales and alcoholic beverage taxes payable by Concessionaire, as defined herein, made during the preceding Accounting Period:


3.1.1 Concessions. Food and beverage (non-alcoholic): Twenty percent (20%); Alcoholic beverages: Twenty-five percent (25%).

3.1.2 Catering. Catering of food items and non-alcoholic beverages: Ten

percent (10%); Alcoholic Beverages: Twenty-five percent (25%). 3.1.3 “Catering” Defined. “Catering” as used herein shall mean food, non-

alcoholic beverages, or alcoholic beverages served in connection with a fixed price per person event. However, specifically excluded from gross revenues due the City under this paragraph shall be any event catered by Concessionaire for any City department or division, or for any known or declared emergency event for which Concessionaire provides catering services.

3.2 Extension Option. At least ninety (90) days prior to the expiration of the fifth

Contract Year of the term hereof, Concessionaire may petition the City for a five-year extension of this Agreement to begin on 12.01 a.m. on April 1, 2017, through midnight on March 30 , 2022, the “Option Period”. In the event the City grants the extension, the City reserves the right to adjust the Percentage payments during the Option Period.

3.3 Contract Year. The term “Contract Year” shall mean each annual anniversary of

the effective date of this Agreement. 3.4 Place of Payment. All payments to the City under this Agreement shall be made

in lawful money of the United States, at the Civic Events Manager’s Offices located at the McNease Convention Center, 500 Rio Concho Dr., San Angelo, Texas 76903.

3.5 Late Fee. Concessionaire shall pay all fees in a timely manner. A late fee of five

percent (5%) of the amount due shall be imposed on Concessionaire if reports and payments are more than ten (10) days overdue.

3.6 Vending Sales. Concessionaire shall have the exclusive right to operate

vending machines on Parks and Recreation Department properties, and all other City properties mutually agreed upon by the Parties in writing, in accordance with the type, quantity and locations approved in advance, in writing, by the Parks and Recreation Department Director or Parks and Recreation Division Manager responsible for the administration of the property where the machines are to be located. Concessionaire shall pay the City ten percent (10%) of all Gross Revenues from vending machine sales. For purposes of vending sales only, the Accounting Period shall be quarterly with the first quarterly period to be Jan. 1, 2012 through March 31, 2012, and continue in a like manner for each quarter of a year throughout the term of this Agreement. Concessionaire shall make payment of the amounts due for vending sales to the City on the twentieth (20th) of the month following the end of each preceding quarterly Accounting Period.


4. Reports and Audit 4.1 Reports. Concessionaire agrees to provide the City with a monthly report

indicating all Gross Revenues for Concessions sales only, as reported by Concessionaire to the Texas Alcoholic Beverages Commission (TABC). Further, Concessionaire shall provide the City with a monthly report of its sales tax report indicating all Gross Revenues for Concessions sales only, as reported by Concessionaire to the Texas State Comptroller’s Office. The term “Gross Revenues” as used herein is defined to mean the gross amount received from all sales of food, non-alcoholic and alcoholic beverages or other items and all revenues of every kind arising from or payable on account of business done by Concessionaire on the Premises. All reports required under this Article 4.1 shall be provided to the City by Concessionaire at the place where payments due hereunder are payable, and within twenty (20) days after the last day of the month for which the report is made, unless otherwise agreed upon by the City.

5. INDEMNIFICATION AND INSURANCE

5.1 COVERAGES.

5.1.1 Indemnification.

5.1.1.1 GENERAL INDEMNIFICATION. CONCESSIONAIRE AGREES TO INDEMNIFY, DEFEND AND HOLD CITY, ITS COUNCIL MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONCESSIONAIRE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONCESSIONAIRE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONCESSIONAIRE AND ANY OTHER 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 CONCESSIONAIRE HEREUNDER. THIS


INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONCESSIONAIRE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

5.2 Insurance.

5.2.1 General Conditions. The following conditions shall apply to all

insurance policies obtained by Concessionaire for the purpose of complying with this Agreement.

5.2.1.1 Satisfactory Companies. Coverage shall be

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

5.2.1.2 Named Insured. All insurance policies required herein shall be drawn in the name of Concessionaire, with City, its council members, officials, agents, and employees named as additional insured parties, except on Workers’ Compensation coverage.

5.2.1.3 Waiver of Subrogation. Concessionaire shall require

its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, officials, agents, and employees.

5.2.1.4 Certificates of Insurance. At or before the time of

execution of this Agreement, Concessionaire shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Concessionaire and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of


required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, 72 West College or P.O. Box 1751, San Angelo, Texas 76903.

5.2.1.5 Concessionaire’s Liability. The procuring of such

policy of insurance shall not be construed to be a limitation upon Concessionaire’s liability or as a full performance on its part of the indemnification provisions of this Agreement. Concessionaire’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Concessionaire to maintain adequate coverage shall not relieve Concessionaire of any contractual responsibility or obligation.

5.2.1.6 Subcontractors’ Insurance. Concessionaire shall

cause each Subcontractor employed by Concessionaire to purchase and maintain insurance of the types and in the amounts specified below. Concessionaire shall require Subcontractors to furnish copies of certificates of insurance to Lessor’s Risk Manager evidencing coverage for each Subcontractor.

5.2.2 Types and Amounts of Insurance Required. Concessionaire shall

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

5.2.2.1 Commercial General Liability. This policy shall be an

occurrence-type policy, written in comprehensive form and shall protect the Concessionaire and additional insured parties against all claims arising from bodily injury, sickness, disease or death of any person (other than the Concessionaire’s employees) and damage to property of the City or others arising out of the act or omission of the Concessionaire or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Concessionaire under the paragraph of this Agreement entitled “Indemnification,” including


completed operations, products liability, contractual coverage, broad form property coverage, premises/operations, and independent contractors (to remain in force for two years after final payment ). Coverage shall be no less than:

$1,000,000.00 General Aggregate

$1,000,000.00 Products- Completed Operations Aggregate

$1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire)

5.2.2.2 Business Automobile Liability. This policy shall

protect Concessionaire and the additional insured parties against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall be no less than:

$ 500,000.00 Combined Single Limit

5.2.2.3 Workers’ Compensation and Employer’s Liability.

This insurance shall protect Concessionaire and the additional insured parties against all claims under applicable workers’ compensation laws. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers’ compensation law. Coverage shall be no less than:

Statutory Amount Workers’ Compensation $ 100,000.00 Employer’s Liability, Each

Accident $ 100,000.00 Employer’s Liability, Disease -

Each Employee $ 500,000.00 Employer’s Liability, Disease -

Policy Limit The foregoing requirement will not be applicable if, and so long as, Lessee qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers’ compensation


program in Texas and furnishes evidence of such qualification to City in accordance with the notice provisions of this Lease.

5.2.2.4 Liquor Liability. This insurance shall be in

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

$ 1,000,000.00 Combined Single Limit, each

occurrence

6. DUTIES OF CONCESSIONAIRE 6.1 Concessionaire covenants and agrees:

6.1.1 Duty to Provide Service. To adequately serve each function that has requested service and has agreed to the terms of such service.

6.1.2 Alcoholic Beverage Service. To provide full and complete alcoholic

beverage service, including ice, for each event held on the Premises for which alcoholic beverage service is requested by the client and which service is approved by the City Manager or his designee. The term “full and complete alcoholic beverage service” as used herein is defined to mean the provision of beer, wine, and/or other spirits, either alone or in any combination thereof, as shall be determined and approved by the City Manager or his designee.

6.1.3 Personnel. To provide, with the advice and consent of the City Manager

or his designee, adequate numbers of professionally attired, properly trained, and properly licensed personnel to serve food and beverages in a courteous, efficient, and sanitary manner for each event for which Concessionaire provides service. Concessionaire shall ensure that all personnel directly engaged in the sale and service to the patrons of the facilities shall conduct themselves in accordance with the laws of the State of Texas and ordinances of the City of San Angelo. Concessionaire shall cooperate fully with the City Manager or his designee with regard to personnel working at the facilities, and will take appropriate corrective action upon notification that an employee’s performance is not in


compliance with the provisions of this Agreement. Notwithstanding the foregoing, Concessionaire shall have full control over any of its personnel.

6.1.4 Cleanliness. To keep neat and clean and in a sanitary condition all

concession areas and the surrounding areas primarily occupied or used by Concessionaire during and immediately after working events during the term of this Agreement. Concession stands, bars, refrigerators, and other serving areas shall be cleaned thoroughly during and after each event served. Laws, ordinances and regulations of all governmental bodies having jurisdiction pertaining to food-serving establishments shall apply and be complied with by Concessionaire, including the maintenance of all, if any, health permits required. All refuse and waste materials created by the concession operation shall be promptly and properly disposed of after each event. Concessionaire shall not be responsible for pest control during the term of this Agreement, and City will monthly service areas used by Concessionaire for pest control to comply with Health regulations.

6.1.5 Products. That all products sold or offered for sale shall be of reasonable

quality, provided however, that the City Manager or his designee reserves the right to specify products and product brands on a per event and/or per venue basis, so long as the products are of comparable quality and pricing. The right of City to specify product brands shall not extend to the brands of alcoholic beverages. Concessionaire shall have the sole discretion to choose alcoholic beverage brands provided the quality standard herein is met.

6.1.6 Inspection. That all products kept for sale shall be subject to inspection

and approval by the City Manager or his Designee during all times concessions are in operation. Rejected products shall be immediately removed from the Premises and shall not be returned for sale.

6.1.7 Breakable Containers; Sales in Seating Areas. That no single-serving

drinks shall be sold in glass bottles, and that no drinks or merchandise shall be sold or offered for sale in the seating area when prohibited by the City Manager or his designee.

6.1.8 Programs and Novelties. That programs and novelties cannot be sold

except with permission of the City Manager or his designee, and chewing gum shall not be sold, given away or dispensed on the Premises.

6.1.9 Licenses and Permits. That Concessionaire shall obtain and maintain at

Concessionaire’s expense, throughout the term of this Agreement, all food, beverage and alcoholic beverage licenses and permits required by law and shall collect all taxes imposed by law except as provided herein. Unless otherwise approved in writing by the City Manager or his designee, Concessionaire may not contract with another person or entity to hold


such licenses or permits but shall hold such licenses or permits in its own name. In the event Concessionaire is permitted by the City to contract with another person or entity holding such licenses or permits, Concessionaire will be required to provide appropriate prior documentation to the City for timely review evidencing that said outside person or entity shall be covered under Concessionaire’s insurance policies as required pursuant to the terms of this Agreement.

6.1.10 Local Employees. That local employees and merchandise shall be used

where and when possible. 6.1.11 Price Schedule. Concessionaire agrees to charge sponsors and patrons

of events scheduled on City property only in accordance with the price schedule approved by the City Manager or his designee. Items shall be substantially as represented in Exhibit "B" which is attached hereto. Concessionaire agrees not to make changes in said price schedule without prior written consent of the City Manager or his designee. The City reserves the right, through the City Manager or his designee, to approve all food, non-alcoholic beverages and other items (exclusive of alcoholic beverages) to be sold under this Agreement. Prices shall be competitive with alcoholic beverage drink prices in the City of San Angelo and surrounding areas. Concessionaire acknowledges that the grant of this concession is subject to the public interest, and all sales shall be conducted in accordance with standards for food and beverage service as mandated by the City under its public trust.

6.1.12 Standards. Concessions granted herein shall be operated in a

workmanlike manner and shall provide an adequate line of foods, beverages, alcoholic beverages, ice, etc. for any performance.

6.1.13 Employee Consumption. That Concessionaire’s employees shall not

partake of any alcoholic beverages in the concession area or otherwise on the Premises during any hours of operation.

6.1.14 Liquidated Damages. In addition to other rights granted to the City herein,

Concessionaire agrees that should it fail to open its concessions for any engagements, unless excused by the Client, the City Manager or his designee, or if operation of any portion thereof be shut down for its failure to comply with the requirements of the Health Department of the State of Texas or the City of San Angelo, and such shutdown could have reasonably been averted by Concessionaire, its agents or employees, Concessionaire shall pay to the City as liquidated damages, and not as any penalty therefore, the sum of five hundred dollars ($500.00) per occurrence or per day for each day said shutdown continues, whichever is applicable. Should the City fail to give Concessionaire written notice of an event at least five (5) business days before the event takes place, the


penalty shall be deemed waived as to that event. For purposes of this section written notice shall include email to [email protected] or text messages to 325-212-8599 or 325-212-8234 with a follow-up phone call where possible. Should Concessionaire change email address or cell phone numbers, Concessionaire must notify City immediately.

6.1.15 Locks. Concessionaire shall not change the locks on the concession

areas without City’s written consent. Concessionaire shall provide keys to the City Division Manager responsible for the facility as may be necessary for City’s continuous access to all areas utilized by Concessionaire during the term of this Agreement.

7. COMPLIANCE WITH LAWS

7.1 The Concessionaire shall comply with all applicable standards, ordinances, laws, and regulations which may regulate the services provided by Concessionaire under this Agreement, including, but not limited to, rules promulgated now or in the future by the appropriate citizens advisory board and approved by the City Council with regard to the operation of concessions. The Concessionaire shall comply with all applicable laws, including prohibitions of discrimination, concerning its practices and policies as an employer and with respect to operation of its business. The Concessionaire shall be deemed at all times to be an Independent Contractor as defined pursuant to V.T.C.A., Labor Code, Section 406.121 (or its successor statute) and shall be responsible for conduct of its agents and employees during the services rendered under this Agreement.

8. GENERAL PROVISIONS

8.1 General Manager. Concessions shall be operated by the Concessionaire or its

employed Manager at all times during the term of this Agreement. If at any time the City Manager or his designee, makes the reasonable determination that the Concession Manager or his alternate is performing unsatisfactorily the obligations of Concessionaire hereunder, after written notice to Concessionaire, the Manager shall be replaced within twenty (20) days with a manager who is capable of satisfactorily performing the obligations of Concessionaire hereunder as approved by the City Manager or his designee.

8.2 Alterations. The Concessionaire shall not make any improvements, additions or

alterations to Premises without the prior written consent of the City. 8.3 Equipment Maintenance. The City will maintain its own equipment currently in

place for concessions. 8.4 Acceptance. The Concessionaire accepts the existing Premises in their present

“AS IS” condition.


8.5 Advertising. No signs, posters or other similar material used for advertising

purposes shall be placed within City property without the written approval of the City Manager or his designee.

8.6 Notice of Events. The City Manager or his designee shall give Concessionaire

adequate and reasonable advance notice of scheduled events, adequate and reasonable notice being at least five (5) business days in writing (including email or text message as in 6.1.14) and available information as to location of serving and probable number in attendance at such events. The City Manager or his designee will make reasonable effort to notify Concessionaire of cancellations as notice is received by the City, but no liability shall devolve upon the City for failure to deliver notice of cancellation

8.7 Location of Bars. The City Manager or his designee shall have the discretion to

determine the location of bars within the confines of the designated facility requiring beverage service.

8.8 Outside Food and Beverage Prohibited. During special events at which

concessions are offered for sale the City will prohibit the public from bringing food and beverages that are not purchased on site into the Coliseum, Convention Center, RiverStage, Auditorium and municipal pool, excluding the San Angelo Symphony’s July 3 Pops Concert at the RiverStage, .

8.9 Prohibition of Sale of Alcohol. Notwithstanding anything herein to the contrary,

the City Manager or his designee may prohibit the sale of alcoholic beverages at a City facility or City-owned property for a particular event.

8.10 Office Space. The City agrees to furnish space, commonly known as the

"Concessionaire's office" for Concessionaire to carry out the terms of this Agreement. The location of the Concessionaire’s office shall be determined by the City. Concessionaire shall be allowed access to the Coliseum at all reasonable hours for the purpose of operating the concessions.

9. UTILITIES

9.1 City shall furnish to Concessionaire, at the San Angelo Coliseum and Convention

Center, all electricity (as presently configured), gas, heated and unheated water, heating, ventilation and air-conditioning required by Concessionaire to furnish the concession services described in this Agreement, at no additional cost to Concessionaire. City shall furnish to Concessionaire at all other exclusive locations, including those listed in Exhibit ‘A’, and such additional facilities or locations as may be mutually agreed to in writing by the Parties electricity if then available and as then configured at no additional cost to Concessionaire.


10. ASSIGNMENT AND TERMINATION OF CONTRACT

10.1 Assignment of Contract.

10.1.1 The Concessionaire shall not assign, transfer, subcontract, convey, or otherwise dispose of this Agreement or any part herein or its right, title or interest herein or its power to execute the same to any other person, company or corporation without the previous consent in writing of the City.

10.1.2 Should the Concessionaire violate this section 10, the City may at its

discretion cancel this Agreement; and all right, title and interest of Concessionaire shall therein cease and terminate.

10.2 Termination of Agreement.

10.2.1 Surrender of Premises. At the expiration, termination or cancellation of this Agreement, Concessionaire shall surrender possession of all premises, equipment and improvements made or furnished by the City within twenty (20) days of the effective date of termination. All improvements and equipment installed by Concessionaire and all additional items of personal property remaining in or on the premises after the expiration of thirty (30) days following the termination of this Agreement shall be deemed abandoned by Concessionaire and shall automatically become the property of City.

10.2.2 Final Accounting. Concessionaire shall deliver to the City, within thirty

(30) days of the effective date of termination, a certified final accounting, and shall remit to the City all amounts owed as of the effective date of termination, after withholding all amounts to which Concessionaire may be entitled under this Agreement.

10.2.3 Bankruptcy. Either party may terminate this Agreement at any time if the

other party files or has filed against it a voluntary or involuntary petition in bankruptcy or a voluntary or involuntary petition or an answer seeking reorganization, an arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, as amended, or under any other insolvency act or law, state or federal, now or hereafter existing; or any action by such party indicating its consent to, approval of or acquiescence of such party to the appointment of a receiver or trustee for all or a substantial part of its property; the making by such party of an assignment for the benefit of creditors; the inability of such party or its admission in writing of its inability to pay its debts as they mature; or the involuntary appointment of a receiver or trustee of such party for all or a substantial part of its property; or the issuance of a warrant of attachment, execution or similar process against any substantial part of the property of such


party, and the continuance of the same for thirty (30) days un-dismissed, un-discharged or un-bonded.

10.2.4 Default. If Concessionaire shall default in performance of any of the

covenants and conditions required herein to be kept and performed by Concessionaire, and such default continues for a period of ten (10) days after notice thereof, City shall have the right to terminate this Agreement upon written, 90 days advance notice of termination Any termination of this Agreement arising from Concessionaire's default shall not relieve Concessionaire from the payment of any sum or sums that are due and payable to City under this Agreement, or any claim for damages then or thereafter accruing against Concessionaire under this Agreement. Any such termination shall not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law or from recovering damages from Concessionaire for any default under this Agreement. All rights, options, and remedies of City contained in this Agreement or otherwise 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 at law or in equity, whether or not stated in this Agreement. No waiver by City of a breach of 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 in this Agreement. In the event of the breach of any of the covenants, conditions or obligations contained herein by the Concessionaire, or if it becomes necessary for the City to employ attorneys to enforce its rights accruing as a result of such default, Concessionaire agrees to pay City reasonable attorneys' fees and all costs of court and expenses incurred as a result thereof. If either party defaults under this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs[a1].

10.2.5 Termination by Concessionaire. If City shall default in performance of

any of the covenants and conditions required herein to be kept and performed by City, and such default continues for a period of ten (10) days after notice thereof, Concessionaire shall have the right to terminate this Agreement upon written, 90 days advance notice of termination to City.

10.2.6 Extended Event. If an extended event of a number of days is in progress

on the termination date of this Agreement, Concessionaire shall continue operation through the conclusion of the event.

10.2.7 Condition of City Property. At the expiration of this Concession

Agreement, Concessionaire shall leave City property and its equipment and appurtenances in at least as good condition as that in which they were at the commencement of the Agreement, less normal wear and tear.


11. MISCELLANEOUS

11.1 Venue. This Agreement shall be construed under and in accordance with the

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

11.2 No Partnership. Nothing in this contract shall be construed as creating a

partnership between the parties or constituting Concessionaire as an agent of the City, or authorizing Concessionaire to create any financial obligation for the City. Concessionaire agrees that it will meet all of its obligations when due.

11.3 Force Majeure. Neither party hereto shall be liable to the other for any failure,

delay, or interruption in the performance of any of the terms, covenants or conditions of this Agreement due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage, or any other circumstances for which such party is not responsible or which is not in its power to control.

11.4 Headings. The paragraph headings contained in this Agreement are for

convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.

11.5 Severability. If any clause or provision of this Agreement is illegal, invalid or

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

11.6 Notice. Any formal notice required or permitted under this Lease shall be

deemed sufficiently given if it is in writing and personally delivered, or sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served three days after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows:


If to City: City of San Angelo Attn: Carl White, Parks &

Recreation Director P.O. Box 1751 San Angelo, Texas 76903

If to Concessionaire: San Angelo Host, Inc./San Angelo Host

Attn: Giancarlo Campanelli P.O. Box 2563 San Angelo, Texas 76902

11.7 Entire Agreement. This Third Amended Agreement and any contemporaneous

addenda signed by the parties hereto constitute the entire agreement between the City and Concessionaire. There are no oral representations, understandings, agreements or promises pertaining hereto not incorporated herein. No provision of this Third Amended Agreement shall be altered, waived, amended, or extended except by an instrument in writing signed by both the City and Concessionaire.

12. TERMS OF THE ESSENCE

12.1 It is understood and agreed between the parties that each and every provision,

term and requirement contained herein is of the essence of this Agreement, and substantial violation of any such provision or substantial failure to meet any of such requirements, subject to provision for opportunity to cure as provided herein, shall entitle the other party to terminate this Agreement without recourse


by the party violating such provisions or failing to meet such requirements. IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original Agreement to be executed in duplicate and intend to be legally bound thereby.

CITY OF SAN ANGELO

BY: __________________________ ATTEST: Harold Dominguez, City Manager Date: , 2011 Alicia Ramirez, City Clerk

SAN ANGELO HOST, INC./SAN ANGELO HOST

BY: __________________________

Giancarlo Campanelli Manager Date: , 2011

ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Dan T. Saluri, Sr. Asst. City Atty. Carl White, Director of Parks and Rec.


EXHIBIT A

Concessionaire Privileges and Obligations at City-owned Properties (Premises)

Provision of Food & Provision of Alcoholic Property Non-Alcoholic Beverages Beverages Coliseum Exclusive Exclusive Convention Center Exclusive Exclusive River Stage Exclusive Exclusive Tiered Plaza Exclusive Exclusive Auditorium Exclusive Exclusive Sports Complex Exclusive Exclusive (sales by other food and beverage vendors are prohibited in the parking and common areas of the Sports Complex, specifically the parking areas on Rio Concho Drive, beginning on Bell Street and St. Ann Street) Municipal Pool Exclusive Exclusive El Paseo de Santa Angela Non-Exclusive Exclusive Farmers Market Non-Exclusive Exclusive Paseo Pavilions Non-Exclusive Exclusive Indoor Arena Non-Exclusive for non-ticketed events Exclusive Exclusive for ticketed events Fort Concho Non-Exclusive Exclusive Exhibit ‘C’ attached Non-Exclusive Exclusive


Exhibit “B”

MENU

Below please find updated food, non-alcoholic beverages and alcoholic beverage price lists. Some prices have changed since the initial contract, upon approval by Civic Event Board about 2 to 3 years ago. We do not charge more than the prices on this list but during some events and at the Sports Complex, our prices are lower than approved prices.

FOOD/NON-ALCOHOLIC BEVERAGE PRICE LIST 2011

DRINKS French Fries $3.00 Medium $2.00 w/ cheese $4.00 Large $3.00 w/ chili $4.00 w/ both $5.00 Bottled water $2.00 Cappuccino $2.00 Hamburger $4.00 Coffee $2.00 Cheeseburger $5.00 Hot Choc $2.00 BBQ Sandwich $4.00

Powerade 16oz $4.00 Sausage stick $5.00 Sausage wrap $5.00 Nachos $4.00 Chips $1.00 Super Nachos $5.00 Candy $2.00 Frito Pie $4.00 Hot dog $2.00 Pickle $1.00 w/ chili & cheese $3.00 Popcorn $3.00

ALCOHOLIC BEVERAGE PRICE LIST 2011 Bar Drinks $ 4.00 Call Drinks $ 4.50 Premium Drinks. $ 5.00 Super Premium Drinks $ 7.00 Cocktails (Hurricane, Blue Hawaiian etc) $ 6.50 6oz Glass Wine $ 4.50 Domestic Beer $ 4.50 Specialty Beer $ 5.00 Malt Beverage (eg Smirnoff Cooler) $ 5.00 Champagne Market price* Bottle wine Market price* Domestic Keg Beer $205.00*


EXHIBIT C

City of San Angelo – Parks

(October 5, 2011)

Parks Location Features Bart DeWitt Park (13.2 acres, early 1960’s)

Randolph to E. Concho & Madalen (includes Neffs area)

River trails, skate park, fishing, picnic areas with grills, drinking fountain, commercial recreation areas, gardens, River Plaza area and Celebration Bridge

Bell Park (3.1 acres, 1971) Upton (1800 block) & Schroeder

Tennis courts (2), basketball practice area, baseball field (193’), playground and picnic area with grills

Brentwood Park (15.6 acres, 1955)

N. Howard St. (1300 block) & Woodlawn

Playground, 9-hole disc golf course, tennis court, basketball practice area, baseball practice field (203’), picnic area with grills and a stocked pond for fishing

Brown Park (2.4 acres, early 1960’s)

Johnson St. (300 block) & W. Twohig Ave.

Picnic area with grills, playground, baseball practice field (155’), tennis court and basketball practice area

City Park (5.1 acres, 1904 – San Angelo’s oldest park)

E. Twohig Ave. (200 block) & Magdalen St.

Playground, pavilion, picnic areas, fitness equipment, river trail, looping trail 0.275 miles (renovated in 2008)

Civic League Park (11.2 acres, 1907)

W. Beauregard Ave. (900 block) & Park St.

International Waterlily Collection, rose garden, native plant gardens, water fountain, monumental sculpture, tall Cypress Trees – very unique park!

El Paseo de Santa Angela (8 acres, 1993)

S. Orient & Ave. D Area for community events, plaza, pavilions, walkways, water fountains, garden beds, and pools – runs between Old Town, the Fine Arts Museum, River Stage, art work and Municipal Pool

Glenmore Park (7.1 acres, 1978)

Ave. L (0 block) near Christoval Rd.

Playground, pavilion, river access for non-motorized boating and fishing, two baseball fields (233’ & 155’), tennis courts (2), basketball practice area, picnic areas with grills, restrooms (renovated in 2005) – excellent family function location

Harmon Park (16.5 acres, 1964)

N. River Drive (1300 block) & W. 14th St.

Playground, unique 9-hole disc golf course, restrooms, river trail and picnic areas with grills

Kirby Community Park (24.3 acres, 2006)

1401 and 1402 Edmund Blvd.

Large playground, large pavilion with two basketball courts, 1 .5 miles of trails, unique fishing area, Grindline skatepark, in-line hockey rink, small pavilion, baseball practice field, soccer practice fields and restrooms

Martin Luther King, Jr. Memorial Park (4.1 acres, 1971)

M.L.K. Drive & W. 21st St.

Playground, pavilion, gazebo, baseball practice field (215’), tennis court, basketball practice area, picnic areas with grills and restrooms (park renovated in 2004)


Meadowcreek Park (5.5 acres, 1979)

Ridgecrest Ln. & Tabosa

Playgrounds, picnic areas, bbq grills, practice ball field, tennis courts, basketball goals and walking trail (renovated in 2011)

Mountainview Park (6.5 acres, 1977)

Chestnut (3000 block) & Millspaugh

Playground, baseball practice field (192’), tennis court, basketball practice area, picnic areas with grills and restrooms

North Concho Park (21 acres, 1973)

N. River Dr. W. 14th – W. 19th Streets

Scenic river drive, native habitat areas, playground and picnic areas with grills

Parks Location Features

North River Drive Park (4.3 acres)

1st to Elm St. along N. River Drive

Scenic river drive, river trail, fishing access and picnic areas with grills

Park Heights Park (2 acres, 1969)

S. Randolph to Koenigheim

Scout houses and fishing access

Producers’ Park – (22.8 acres, 2011)

1805 Ricks Drive playgrounds, pavilion, trails, baseball practice fields, basketball court, nature trail and soccer practice fields

Texas Bank Sports Complex & Rio Concho Community Park (80 acres, 2008)

16-1900 Rio Concho Dr.

Large community park with softball fields (11), baseball fields (3), “t” ball field (1), large playground, pavilion, river access, concessions, restrooms and landscaping

Rio Concho Park (19.6 acres, 1981)

Rio Concho Drive from Concho Avenue to Bell Street

River trail, James M. Rogers Gazebo Garden, Rio Concho Garden, Terrace Garden, scenic river drive, playground, fishing access and picnic areas with grills – unique gardens and ducks and geese to be fed!

Rio Vista Park (5 acres, 1972)

Ben Ficklin Rd. (2700 block) & Ave. X

Southside Recreation Center, playground, tennis court, basketball court, baseball practice field (205’), picnic area with grills and restrooms

Santa Fe Park (excluding Santa Fe Golf Course)

4th St. to Abe St. along North River Drive (vic. 600 block Santa Fe Dr.)

river trail, fishing access, scenic river drive, flower beds, picnic areas with grills and restrooms

Santa Fe, East Park (9.5 acres, 1913)

Abe St. to Randolph St.

Very popular Kids’ Kingdom playground, pavilion with seating for 48, river trail, baseball practice field (110’), picnic areas with grills, art work and restrooms (renovated in 2004)

Santa Rita Park (9 acres) S. Madison (600 block)

Small lagoon for children’s fishing, lots of trees, tennis court, picnic areas with grills – nice little pretty park

South Concho Park (33.5 acres)

Bell St. to Lone Wolf Bridge – along South Concho Drive (100-1400 blocks)

Scenic river drive, boat ramp, fishing access, two baseball practice fields (158’ &145’), playground, tennis court, basketball practice area, picnic areas with grills, and lots of hungry domestic water fowl

Sulphur Springs Park (6.8 acres)

W. Washington to S. Madison

Continuation of Santa Rita Park along Sulphur Springs – natural areas and small lagoons for


children’s fishing – excellent locations for photography

Sunken Garden Park (7.1 acres, 1917)

S. Abe St. (700 block) & W. Ave. D

Unique garden with a large collection of cannas as well as other attractive plants, water fountains, and a trail segment to a footbridge that leads to Santa Fe Park and the Visitors’ Center – very unique park!

Unidad (College Hills) Park (7.3 acres)

College Hills (3200 block) & Vista Del Arroyo

Playground, pavilion, picnic areas with grills, 0.4 mile trail, baseball practice field (165’), horseshoe pits, unique labyrinth and portable restrooms (park renovated in 1997)

Webster Park (0.7 acres, 1977)

Webster St. (2700 block) & Hatcher St.

“Tot” playground, tricycle path, and picnic area with grill (renovated in 2003)

Lake Nasworthy Parks Parks Location Features Hot Water Slough Park (12 acres)

2375 Red Bluff Rd. Playground, picnic area and restrooms

Mary E Lee Park (6 acres) 2160 Mary E. Lee Rd. Beach swimming area, boat dock and ramp, playground, picnic area and restrooms

Middle Concho Park (90 acres)

Middle Concho Dr. Entrance fee per vehicle, Playground, picnic area, barbeque pits, basketball court, sand volleyball court, boat dock and ramp and restrooms

South Concho Park (8 acres) 850 S. Concho Dr. Playground, picnic area, barbeque pits, sand volleyball court, Boat dock and ramp and restrooms

Spring Creek Park (60 acres) Spring Creek Dr. Entrance fee per vehicle, Marina, swimming area, picnic area, barbeque pits, playgrounds, boat dock and ramp, sand volleyball court, basketball court and restrooms

Pecan Creek Pavilion and Park (2 acres)

8455 Country Club Rd. Playground, picnic area, barbeque pit, sand volleyball, boat ramp and restrooms

SAN ANGELO CHAMBER OF COMMERCE 2011 3rd QUARTER ECONOMIC DEVELOPMENT REPORT TO:

CITY COUNCIL CITY OF SAN ANGELO DEVELOPMENT CORPORATION

TOM GREEN COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT COUNCIL

I. GENERAL ACTIVITES

II. MARKETING

III. SEPTEMBER 30, 2011 FINANCIAL STATEMENTS

GENERAL ACTIVTIES JULY – SEPTEMBER 2011

Assistance was provided: Real estate information was provided to an employee of Tom Green County who was working on a project. A mailing list of potential customers and information regarding Chamber benefits was provided to a local company looking to expand their scope of services. Workforce data was provided to a local attorney who presented at a national conference in August. Assistance was provided to ASU in recruiting a new faculty member. Demographic information was prepared for a local company examining the possibility of opening a second location. The information was used in a presentation to their corporate office.

Staff assisted COSADC with an Enterprise Zone report due to the state.

John assisted several people with locating available real estate, including the Marines searching for a location to host their annual Toys for Tots Drive. Meetings and events: Staff attended all regularly scheduled City Council meetings and COSADC meetings. Staff met with the architects working on the BRC building, and office spaces were finalized. John attended the Texas Economic Development Council Summer meeting in Abilene. Hope attended a meeting of the BREP committee to discuss upcoming involvement in the strategic planning process. Hope met with the ASU students working on the Link2Business database. Link2Business debuted at the Business Expo in early October. John presented our 2nd quarter reports to COSADC in August. During the meeting, the board had a preliminary discussion about leasing and/or purchasing a San Angelo booth to use at trade shows. The conversation will continue once the strategic plan is completed. John and Hope attended both West Texas Legislative Summit events. Hope assisted with the WTLS by preparing gift bags for the legislators and their staff members.

Time was spent preparing for the information gathering stage of the strategic planning process. Invitations were sent to potential focus group participants and meeting facilities were secured. During the week of the meetings, refreshments were provided for each focus group meeting and time was spent working with the consultants. John met with Downtown San Angelo Executive Director Genora Young regarding a state agency coming to San Angelo in December. John has been asked to address the group on the importance of economic development in rural communities. John attended a planning meeting for the High Ground of Texas board members. Preparations were made for the annual meeting of San Angelo Industries. John attended the Executive Committee meeting of Texas Midwest Community Network in Abilene. The 2012 budget was approved and planning for next year’s events took place.

John gave a dialogue interview with Foster Communications.

Phil and John met with Downtown San Angelo staff and board members to discuss future development collaborations between the Chamber and Downtown San Angelo, Inc.

The Business Resource Center Committee and Economic Development Council met in July and September.

Hope attended and assisted with the Brown Bag Lunch Series seminars.

John attended the Howard College San Angelo Foundation Board and West Texas Training Center Advisory Board Meetings.

John spoke to the Newtimers group and presented an overview of economic development in San Angelo.

Staff participated in a meeting of the Conch Valley Council of Governments on behalf of a local business applying for grant assistance for a rail spur.

Prospects: A response to “Project Demeter” was submitted. Staff met with a local manufacturing company who is looking at expansion. Staff met with representatives from American Airlines to support labor initiatives. A new prospect lead was received from a company in Mexico. Information was compiled and provided to the company. A new state lead was received and a proposal was submitted.

A response to State lead Project “Big Top” was submitted. A response was submitted for a manufacturing company considering relocation from Mexico to the Texas market. John worked with City staff and conducted several calls with a prospect for a company using new technology for conservation purposes. A local company with a new expansion project contacted us about possible funding and/or grant opportunities. We are currently conducting research and worked with the company for several weeks. Economic development partners met to discuss a request from a local manufacturing company for financial assistance.

John worked with a small business looking to expand to San Angelo, and served as a liaison between the company and the city.

Staff continued working on an expansion project with another local company. The expansion was later presented to COSADC in the near future.

A lead was received this week and information was submitted to the site selector looking for a location for a call center.

A response to “Project Smartphone” was submitted. The call center project could potentially employ 500 people.

Information was sent to a site selector who inquired about the available space in the Verizon building.

John continued to work with a local manufacturer interested in expanding with a new line of business. John worked with a local manufacturer who is seeking to expand their business into other markets. Miscellaneous: Third quarter cost of living data was complied and submitted in July (attached). Property information on the former Circuit City building was received and updated on both property listings. John authored an editorial piece in the San Angelo Standard-Times regarding the merger between AT&T and T-Mobile. Domain names for the Link2Business database were secured. A Cornerstone Investors newsletter highlighting the legislative trip to Washington D.C. was mailed out (attached).

Travel arrangements were made for staff who attended Texas Economic Development Council’s annual conference, Texas Midwest Community Network’s annual conference, and the Solar Power International 2011 show.

Silent auction items were secured for the TEDC and TMCN annual conferences using local companies and products.

MARKETING

APRIL – JUNE 2011 Over 200 Community Profiles were mailed to contacts made at the American Windpower Show that John attended recently (attached). John spent two days in Lubbock attending the Southeast New Mexico and West Texas Regional Leadership Dinner, and a High Ground of Texas Marketing Committee meeting on. John spoke about the strategic plan in the Chamber’s weekly “Live at 5” spot on KLST. Several updates were made to the Community Profile and new inserts were printed. An ad was submitted for Expansion Solutions magazine (attached).

Sponsorships for the annual Ports-to-Plains conference were secured, and an ad was submitted for the program (attached).

An advertisement and editorial piece were submitted for the Texas issue of Business Facilities Magazine (attached).

Marketing materials for the Business Expo were ordered. Economic Development partners shared booth space and our department highlighted the Link2Business database.

An ad was secured for the special Texas section in the November/December issue of Trade & Industry Development.

A complimentary ad was placed in the new San Angelo Living magazine (attached).

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San Angelo Priorities Emphasized During Washington Visit CORNERSTONE INVESTORS REPORT

Your cornerstone investment funds three major initiatives for our community – economic development, legislative affairs, and major event tourism. Over the past three years, we have experienced tremendous return on investment in all three areas, but most notably in the legislative affairs. Trips to Austin and Washington D.C. at least annually have enabled the Chamber to keep San Angelo’s priorities in front of our elected representatives and Pentagon officials. As a result of these and other efforts, San Angelo and Goodfellow AFB have been recipients of major construction dollars from federal funding over the past several years. The San Angelo delegation had a very successful visit to Washington in May of this year.

VISIT TO NATIONAL SECURITY AGENCY

Colonel Anthony M. Packard, Deputy Training Director at NSA, gave the group a briefing on the training overseen by ADET (Associate Directorate for Education and Training) at NSA. Col. Packard had great memories of Goodfellow and San Angelo, and stated that the training taking place at Goodfellow plays a very important part in the Intel process in the language skills, special instruments and other Intel training. Much of the training takes place through gaming and simulations, techniques with which the young trainees are comfortable. He indicated that the training has to remain dynamic and fluid, and that “one year away from learning, you’ve lost touch” with what you need to know. He noted that this bodes well for the type of training provided at GAFB. Our Protocol officers told us that it was “quite rare” for General Keith B. Alexander, Director, NSA & Commander, U.S. Cyber Command to see a community group, and that they were “very surprised” when the meeting appeared on our schedule.

San Angelo Priorities Emphasized During May Washington Visit

August 2011

Gen. Alexander asked each of the San Angelo participants to introduce themselves and explain their community responsibilities. Regarding Goodfellow AFB, he made one statement, which was that he believed that the role of intelligence in the War on Terror would either “stay the same or grow” in the near future.

Colonel Mark Damiano, Commander, 707th Intelligence, Surveillance Reconnaissance Group at Fort Meade, MD, and now Commander at Goodfellow AFB, also met with the delegation to thank our group for its efforts on behalf of Goodfellow and reiterate how anxious he and his family were to relocate to San Angelo.

San Angelo Delegation Brian May, Chairman, Government Affairs Council Kendall Hirschfield, San Angelo City Council Member Charlotte Farmer, San Angelo City Council Member Alvin New, Mayor, City of San Angelo Jim H. Hughes, Chairman, Chamber Board Mike Brown, Tom Green County Judge Rick Weise, Assistant City Manager, City of San Angelo Phil Neighbors, President, Chamber of Commerce

Members of the San Angelo delegation pose for a picture at the Pentagon.

Cornerstone Investor’s Report

THE PENTAGON Lt. General Larry James, Deputy Chief of Staff for Intelligence, Surveillance & Reconnaissance, USAF, complimented San Angelo for the great job in hosting the SISRO Conference on April 28 at Fort Concho, as well as for the great community/base relationship. Jim Hughes noted how special it was for San Angelo to host the SISRO officers and asked that they return as often as possible. He noted that the fact that Goodfellow serves all branches of the military, and with multiple training missions, will continue to serve the base well for future growth and funding. General James thanked Brian May for the fact that ASU accepts all credits and the associate’s degree from the College of the Air Force. Brian briefed the general on the latest regarding the Center for Security Studies at ASU. Mayor Alvin New spoke about how San Angelo can help the AETC drive down costs at Goodfellow, and addressed other quality of life issues along with Council members Charlotte Farmer and Kendall Hirschfeld. Rick Weise brought General James up to speed on the privatized joint housing project, for which the City donated 100 acres, and Judge Mike Brown reinforced the excellent base/community relationship and thanked General James for AETC’s continued support of the base. Terry A. Yonkers, Assistant Secretary of the Air Force for Installations, Environment and Logistics, started our meeting stating, “Thanks for the outstanding support you give our military members at Goodfellow.” He spoke about the budget process that Secretary Gates is shepherding, and said that getting lean is good, especially where it results in more equipment and aircraft. Yonkers stated that while he couldn’t promise anything, he didn’t “see a whole lot of change in funding for Intel or Firefighting missions” in the next few years.

“Thanks for the outstanding support you give our military members at

Goodfellow.”

Terry A. Yonkers, Assistant Secretary of the Air Force for Installations, Environment and Logistics

Our community representatives spoke about the privatized housing, the relationship with ASU and the Center for Security Studies, and the space available for expansion at Goodfellow. Mr. Yonkers also heard about the strong housing office as described by Council Member Farmer, alternative energy growth in West Texas and the opportunity to partner on joint energy projects with the community. The Council Members described recent successful efforts to secure a long-term water supply for San Angelo from the Hickory Aquifer, and noted that the interest rate on the note from the State to finance the project was a very low 1.38%. Mr. Yonkers concluded the session by saying that few communities come to the Pentagon trying to align their community’s action plan with future military needs, and commended us on our efforts. Perhaps the most useful interaction of our trip took place with a panel of former Commanders of Goodfellow AFB: Brigadier General Scott Bethel, Major General Lori Robinson, and Mortin Newbauer. Following an update from our participants and presentation of our priorities and materials, we listened as these three supporters of Goodfellow and San Angelo provided insights to us. Being a location of joint training is extremely helpful to Goodfellow’s longevity, and it was stated that 100% of Air Force and Marine Intel students pass through GAFB, as well as 75% of Army Intel trainees. They estimated that with what is already in the pipeline, Goodfellow will see at least 2,540 more students pass through for training over the next five years. All three former commanders indicated that San Angelo has done well in supporting GAFB through the years, stating that it “served as a model” during past BRAC processes, that the community stays engaged and “does not just react to threatening situations,” and that “no community is more supportive” of its base. The one suggestion that surfaced for follow up by community leaders was to facilitate better transportation from the base to community sites such as the mall, the theatre, and downtown.

Cornerstone Investor’s Report Page 3

VISIT WITH ELECTED OFFICIALS The group had dinner with Congressman Mike Conaway. Prior to dinner, he was testifying on the House floor on the 2012 National Defense Authorization Bill. Congressman Conaway briefed us on his testimony that evening regarding the defense bill and heard a report on all of the appointments that the San Angelo delegation would be making during the visit. We informed him about the appointments we had the next two days, and left copies of the positions on our issues with him and his Legislative Assistant Paul Balzano. Other topics discussed during the evening included the extension of the Patriot Act, cutting spending at the same time the debt ceiling is to be raised, the future farm bill, and subsidies for commodities since Conaway is Chairman of the House Committee on Agriculture’s Subcommittee on General Farm Commodities and Risk Management. He also discussed FEMA’s decision to deny Governor Perry’s request for a federal Major Disaster Declaration for West Texas counties. During a visit to Capitol Hill, Judge Brown, Jim Hughes and Phil Neighbors stopped at Congressman Conaway’s office for a brief visit with his staff and left copies of the issues with other staff. Senator Kay Bailey Hutchison had planned to be in Texas the morning of our visit, but her plans changed, and she met the group, exchanged pleasantries and posed for pictures. Participants enjoyed a thirty-minute meeting with Hutchison’s Legislative Director and Counsel David Davis. They briefed him on our issues, focusing on GAFB and ASU Center for Security Studies needs, and thanked Senator Hutchison and her office for assistance in starting and sustaining these efforts. The delegation also spoke to Mr. Davis about the need for a new airline or improved air service, the $24 million need to improve the rail lines west of San Angelo through a Tiger Grant, and the need to continue working the Ports to Plains issues as a transportation alternative to I-35, from Topolobampo, Sinaloa, Mexico to Canada.

Jim Hughes, Kendall Hirschfeld, Judge Mike Brown, and Brian May discuss legislative priorities with Legislative Assistants for Senator John Cornyn Maxwell Keith and Shay Wester.

Judge Mike Brown, Jim Hughes, and Phil Neighbors visiting with Jennifer Hay (Military Legislative Fellow with Congressman Mike Conaway) in Conaway’s office.

Members of the San Angelo delegation pose for a picture with U.S. Senator Kay Bailey Hutchison during their trip to Washington D.C.

Cornerstone Investor’s Report

DIAMOND $5,000 – $9,999

AEP Texas Ethicon, Inc. First Financial Bank SILVER $2,000 – $4,999 Atmos Energy Dierschke & Dierschke REALTORS Foster Communications Mitchell Automotive Group Rio Concho, Inc. San Angelo Stock Show & Rodeo Association Suddenlink Communications Sunset Mall Texas Bank Bronze $1,000 – $1,999 Armstrong Backus & Co. LLP City Lumber & Wholesale, Inc. Company Printing/ISA Cattle Co. Eckert & Company LLP UBS Financial Lori Francks Glazer’s Wholesale Goodyear Proving Grounds Holiday Cleaners Jackson Walker LLP Milford Engineering NNNN Paisano San Angelo Assocation of REALTORS San Angelo Security Service Shannon Medical Center Steve Stephens Sunset Mall West Central Wireless/West Central Net

Concho Pearl $500 - $999 American Classifieds Angelo Transportation/Welch Transfer Angelo Water Services – Culligan Baptist Retirement Communities Concho Valley Electric Cooperative DeCoty Coffee Ener-Tel Services, Inc. Hughes Company Hyde Interactive Lee Pfluger Massey, Balentine & Psencik, P.C. and

Stroman Abstract Title Co San Angelo Motor Company San Angelo Standard-Times Surety Title Company Trimble-Batjer Insurance Associates, L.L.P. West Texas Medical Associates Public Partners Tom Green County City of San Angelo Development Corporation

Thank you to our 2011 Cornerstone Investors!

Building a Stronger Business Environment

2011 Pledge Total Private Sector

$57,450

sanangelo.orgClick on Business & Economic Development

Shhh! It’s a secret!

Blending a true Texas Experience with a Trained Workforce can make your business a success.

Share the secret.

Shhh. It’s a secret!

San Angelo, Texas

Relocation/expansion assistance

Daily flights to Dallas/Ft. Worth airport

Excellent workforce training facilities

Pro business environment

Highly educated workforce

Premier medical facilities

Business incubator

Angelo State University

Goodfellow Air Force Base

Short commute times

Fine arts and nightlife

Scenic riverwalk and 3 area lakes

www.sanangelo.org

For information on expanding your business in San Angelo, contact

John Dugan, VP Marketing & Recruitment, San Angelo Chamber of Commerce,

at (877) 655-4136 or [email protected].

www.link2business.org

SAN ANGELO CHAMBER OF COMMERCE

CONVENTION AND VISITORS BUREAU

CITY COUNCIL REPORT

2011 – 3rd QUARTER REPORT

1. MARKETING EFFORTS & RESULTS………. 1-5

2. CONVENTION ACTIVITY…………………….. 6-20

3. LATEST FINANCIAL STATEMENT…………. 21-24

4. PROMOTIONS…………………………………. 25-35

MARKETING EFFORTS

CONVENTION & VISITORS BUREAU

Reflecting totals for 3rd quarter

July 1 – September 30, 2011

CATEGORY TOTALS

Advertising inquiries 6,413

Web-page inquiries 60,734

Phone inquiries 210

Visitors welcomed 2,098

1

San Angelo

Abilene

Midland

Odessa

Lubbock

Kerrville

Amarillo

Wichita Falls

Killeen

Longview

San Angelo

Abilene

Midland

Odessa

Lubbock

Kerrville

Amarillo

Wichita Falls

Killeen

Longview

San Angelo

Abilene

Midland

Odessa

Lubbock

Kenville

Amarillo

Wichita Falls

Killeen

Longview

Occo/o

2011 2010

64.3 53.1

58.8 50.1

73.8 54.2

80.7 58.3

63.7 58.0

44.8 47 "8

63.1 61.4

49.8 48.5

60.4 61.8

55.5 53.6

ADR

2011 2010

70.64 69.44

72.57 70.50

84.81 75.63

79.59 69.85

75.14 71.08

75.73 77.35

68.44 65.27

65.10 65.90

69.93 68.86

62.39 64.20

RevPAR

2011 2010

45.42 36.84

42.69 35.31

62.58 41.00

64.26 40.70

47.85 41.21

33.96 36.94

43.17 40.09

32.41 31.93

42.26 42.56

34.62 34.39

Occ ADR

21.2 1.7

17.4 2.9

36.1 12.1

38.6 13.9

9.8 5.7

-6.1 -2.1

2.7 4.9

2.8 -1.2

-2.2 1.6

3.6 -2.8

4.4 26.5

1.3 19.0

-0.0 36.1

6.6 47.7

0.6 10.5

2.3 -3.9

-0.2 2.5

4.9 -2.3

-8.6 -10.7

2.7 6.4

San Angelo Convention Visitors Bureau

STAR ReportSeptember 2011

Occ % RevPAR Percent Change from September 2010Room Room

2011 2O1O 2011 2O1O 2011 2O1O Occ ADR RevPAR Rev Avail Room Sold

64.2 4g.7 72"01 67.39 46^20 33.52 29.0 6.9 37.8 38.2 0.3 2g.4

59.3 52.6 73.19 69.93 43.39 36.78 12.7 4.7 18.0 16.6 -1.1 11,4

75.3 56.9 93.73 76.61 70.58 43.59 32.4 22.4 61.9 61.9 -0.0 32.3

82.9 57.8 88.95 70.57 73.75 40.79 43.4 26.1 80.8 87.4 3.7 48.7

59.5 58.9 82.87 80.26 49.28 47.26 1.0 3.3 4.3 3.6 -0.6 0.4

44.7 46,7 74,41 73.54 33.25 34.38 -4.4 1.2 -3.3 -0.7 2.6 -1.9

63.5 63.3 67.69 65.62 42.95 41.54 0.2 3.2 3.4 6.0 2.6 2.8

49.1 49.1 65.01 65.23 31.89 32.00 -0.0 -0.3 -0.3 -6.1 -5.7 -5.7

57 .4 53.0 68.15 67^88 39.1 1 35.96 8.3 0.4 8.8 -3.0 -10.8 -3.4

57.9 50.5 64.16 62.85 37.13 31.71 14.7 2.1 17.1 21.2 3.5 18.7

Percent Ghange from YTD 2010Room RoomRev Avail Room SoldRevPAR

23.3

20,9

52.7

57.9

16.1

-8.1

7.7

1.5

-0.7

0.7

28.7

22.5

52.6

68.3

16.8

-5.9

7.4

-3.5

-9.3

3.4

Properties

Census Sample

24 18

42 24

34 18

33 18

55 37

14 10

64 39

27 22

34 21

36 21

Rooms

Census Sample

1956 1510

3294 1836

2785 1780

2651 1931

4953 3806

1092 864

5545 3731

2331 2055

2279 1571

2484 1553

2

San Angelo Convention & Visitorc Bureau

418 West Avenue BSan Angelo, TX 76903EIUlai I : [email protected]

Walk-Ins By CityEntered betw*n il1nM1 and 9/30/2011

TX Only

Total Avg.Stay Total Avg.StayVisitors (Days)CiU Visitors (Days) cia

San Antonio TX

Odessa TX

Midland TX

Austin TX

Houston TX

Abilene TX

Lubbock TX

FortWorth TX

DelRio TX

Big Spring TX

Dallas TX

El Paso TX

Waco TX

Amarillo TX

Granbury TX

Leander TX

Laredo TX

Poolville TX

Marble Falls TX

Seminole TX

Corpus Christ TX

Mansfield TX

Kenville TX

Arlington TX

Pecos TX

Garland TX

Fredericksbur TX

Georgetown TX

Humble TX

Spring TX

Brownwood TX

264

249

195

189

184

181

154

149

108

86

85

79

62

59

55

51

48

40

38

38

35

u32

30

27

27

26

26

25

24

24

Littlefield TX

Round Rock TX

Tyler TX

Boerne TX

Killeen TX

Denton TX

Snyder TX

Hutto TX

Rio Vista TX

Pipe Creek TX

Christoval TX

Allen TX

Temple TX

De Leon TX

Eldorado TX

Sterling City TX

Menard TX

Weatherford TX

Cleburne TX

Canyon TX

Tow TX

Ozona TX

Dumas TX

Wichita Falls TX

Fort Stockton TX

Big Lake TX

Lamesa TX

Plano TX

Whitney TX

Sweetwater TX

New Braunfel TX

23

23

23

23

23

22

22

21

20

20

18

18

17

17

17

17

17

16

16

16

16

16

15

15

15

15

15

14

14

14

14

3

LHofheins

Typewritten Text

Texas Total: 4,897

San Angelo Conventlon Vlsltors BureauVisitor Genter Statistics January { - September 30, 2011

2

3

3

5

4

7

6

4

4

4

5

6

8

I4

5

I5

I5

4

5

3

6

3

6

6

6

6

3

6

4

7

11

2

3

2

10

4

14

6

6

4

4

2

4897

253212

208

171

164

119

113

111

91

85

81

77

76

74

55

51

51

50

50

48

47

47

4747

46

45

38

34

33

32

30

27

27

24

19

17

15

15

13

'12

11

10

10

10

TXNM

OKCAcoOH

FL

MMO

KS

MN

WIGA

IL

WANV

TN

NY

MI

IA

LANC

ND

PA

AR

IN

OR

VAAKNE

MD

SC

ALWYNH

MS

MA

UT

MT

ID

NJ

KY

SD

CT 4

RI

ME

DE

VT

HI

TOTAL

San Angelo Gonvention Visitorc BureauVisitor Genter Statistics January { - September 30, 201{

I7

6

6

47725

8

3

4

5

6

265

Canada

Mexico

United Kingdom

Germany

Australia

Korea

Norway

Russia

Italy

Sweden

Africa

Switzerland

Nicaragua

Puerto Rico

lreland

Netherlands

Portugal

Panama

Denmark

Egvpt

Scotland

Belgium

New Zealand

China

BrazilJapan

TOTAL

85

67

4A

36

24

17

14

11

11

I8

7

5

4

4

4

3

3

2

2

2

2

2

1

1

3

367

3

3

6

3

6

II1

I6

3

1

6

I

2

2

15

1

1

30

4

4

4

1

1

31

161

OVERALL TOTAL 8092 126

5

C ONVEI{TION ACTTVITIE S

SAN AI{GELO

COI{VENTION & VISITORS BUREAU

2011 3'o Qourterly ReportJuly - September

Assisted with 23 conventions, meetings, sportingevents or motor coach tours

o Projected attendance: 9,795

o Projected room nights: 1,525

o Average length of days spent: 2 days

o Total Economic Impact: $838,380

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20

CONVENTION & VISITORS BUREAU

INCOME, EXPENSE AND PROFIT/LOSS STATEMENT

FOR THE ONE MONTH AND THE NINE MONTHS ENDING SEPTEMBER 30, 201'I

INCOME:HOTEL/MOTEL TAX RECEIPTSINTEREST INCOMEVISITORS CENTER SALESTOTAL INCOME

OPERATING EXPENSES:SALARIES & BENEFITSOVERHEADADMIN EXPENSEAUDITTOTAL EXPENSES

MARKETING EXPENSES:MARKETING EXPENSES@

TOTAL EXPENSES

OPERATING INCOME(LOSS)

DESIGNATED FUND EXPENSESSports Fund Expense

TOTAL DESIGNATED FUND EXPENSES

DESIGNATED FUNDS INCOMESports Fund DonationsWayfinding Donations

MONTH TO DATE

$ 86,824.3439.44

533.7587,397.53

20,309.125,080.1 I4,880.1 0

0.0030,269.41

33,355.6733.355.67

63.625.08

23,772.45

5.000.005,000.00

0.000.00

YEAR TO DATE

$ 569,087.55275.90

5,726.58575,090.03

182,768.2651,301.8628,535.872,600.00

265,205.99

208,513.48208.513.48

473.719.47

101,370.56

14.500.0014,500.00

0.000.00

NET PROFIT/(LOSS) $ '18,772.45 $ 86,870.56

21

Gonvention & Visitors BureauOPERATING INCOM E STATEM ENT

FOR THE ONE MONTH AND THE NINE MONTHS ENDING SEPTEMBER 30,2011

INCOME:Hotel/Motel Tax ReceiPtslnterest lncomeVisitors Center Sales

Total Income

OPERATING EXPENSES:Extra Help/ParttimeAdministrative WagesSocial SecurityBookkeeping & Administration FeeMedicareRetirement PlanUnemployment ComPGroup lnsuranceAuditRenUStorage BldgFacility AgreementCornerstone ExpenseEquipment ExpenseGeneral lnsuranceUtilitiesPostageSecurityTelephoneComputers/Database SuPPortOffice SuppliesChristmas Lights ExPenseAutomobile AllowanceMaintenanceMiscellaneous Office SuPPortVolunteer Program

Total Operating ExPenses

MARKETING/ADVERTISIN G :

Professional DuesProfessional Training/ConferencesSubscriptionsPostage/MarketingAdvertising/PublicitYPublic RelationsTelephone (800 Number)Visitor Event lncentiveConvention Servicing SuPPliesVisitor Center MerchandiseCVB WebsitePromotional ltemsPrinting/Brochure DeveloPmentVisitors & Travel MarketingConvention & Travel Trade

87,397.53 575,090.03 501,717.88 713,000.00

$ 86,S24.34 $ 569,087.55 $ 493,856.05 $ 700,000.00 81.30

39.44 275.90 671.31 3,000.00 9.20

533.75 5.726.58 7 ,190.52 10,000.00 57.27

MONTHACTUAL

September

30,269.41

YEARTO DATE

2011

YEARTO DATE

20't0

265,971.70 365,570.00

ANNUAL YEARTO DATEBUDGET PERCENT

2011 2011

80.66

72.55

897.66 7,845.82 11,384.86 16,000.00 49 04

14,858.05 137 ,552.15 1 36,793.96 1 84,000.00 74.76

993.96 8,919.93 8,795.49 1 1 ,500.00 77 -57

1,416.66 12,749.94 12,749.94 17,000.00 75.00

232.45 2,086.07 2,055.97 2,780-00 75.07

950.65 5,969.24 7,761.61 7,000.00 85.29

0.00 465.13 491.61 300.00 155 56

2,376.35 15,929.92 16,080.04 26,330.00 75700.oo 2,600.00 2,520.00 2,600.00 100.04

80.00 72o.OO 720.00 960'00 75.08

250.00 2,250.00 2,250.00 3,000.00 75.03

0.00 150.00 828.16 150.00 100.67

783.36 9,258.14 12,505.16 18,000.00 51 .44

0.00 3,61 5.60 3,719.56 5,000.00 72 33

1,328"53 9,878.91 9,540.76 14,000.00 70 57

65.85 1 ,769.83 1,739.21 2,600.00 68.10

12s.97 1,429.66 1,169.73 2,000.00 71'52

882.28 7,09772 6,224.04 8,500.00 83 51

0.00 1,752.17 4,538.77 5,000.00 35.05

644.75 4,585.17 3,440.59 6,500.00 70'55

o.0o 0.00 0.00 1,750.00 0'00

2,180.25 12,973.21 10,422.63 15,000.00 86 49

915.45 8,794.66 8,553-72 11,600.00 75 82

92.14 1,096.62 1,136.94 2,000.00 54'86

1,191.05 1.716.10 548.95 2,000.00 85'85

265,205.99

500.000.00

714.950.00

18,654.7749.4236.1 I

500.001,313.04

839.220.00

(159.e4)5,987.502,918.491,727.BB

1,585.005,340.853,474.301,447.18

115,455.624,755.83

271.712,500.00

12,553.193,399.46

360.007,968.576,187.507,464.88

29,360.03

2,520.003,044.213,1 59.305,012.51

55,1 53.561,512.26

238.65266.50

13,194.882,371.09

315.008,929.844,030.82

12,045.1818,228.58

6,000.004,500.005,000.005,000.00

138,866.005,000.00

400.0050,000.0025,000.00

6,000.005,000.00

11,000.0013,000.0013,000.0048,000.00

26.42118.7169.5028.9583.1495.1 468.10

5.0050.2156.67

7.2072.4547.6057.4361 .17

22

Convention & Visitors BureauOPERATING INCOME STATEMENT

FOR THE ONE MONTH AND THE NINE MONTHS ENDING SEPTEMBER 30, 2011

MONTH YEAR YEAR ANNUAL YEARTO DATE

ACTUAL TO DATE TO DATE BUDGET PERCENT

September 2011 2010 2011 2011

Trade Shows 274'15 6,389.36 7,134'70 13'000'00 49 15

Totar Marketing/Advertising 33.355.G7 208,513 48 137 '157.08 348,766 00 59 79

TOTAL EXPENSES 63.625.08 473.719.47 403.128'78 714'336'00

OPERATING BUDGET INC/LOSS

DESIGNATED FUNDS INCOME

Sports Fund Donations

Wayfinding Donations

TOTAL DESIGNATED FUNDINCOME

DESIGNATED FUNDS EXPENSE

Sports Fund ExPense

Wayfinding Signage ExPense

CVB Bid lncentive ExPenses

Transfer to SPorts Fund

TOTAL DESIGNATED FUNDEXPENSE

SURPLUS (DEFICIT)

23,772.45 101,370.56 98,589.10 (1,336.00)

1,325.00

0.00

'1,325.00

7,850.30

8,400.00

0.00

0.00

0.00

0.00

0.00

0.00

0.000.00

5,000.00

0.00

0.00

0.00

14,500.00

0.00

0.00

0.00

5,000.00 14,500.00 16,250.30

18,772.45 86,870.56 83,663.80:-:

23

Convention & Visitors BureauBALANCE SHEET

As of September 30, 2011 and September 30' 2010

Assets

Current Assetsprirnevest MiMkt - 3 month working capital

Community Events Checking- Texas Bank

Wayfinding Checks - First Financial Bank

Sports Fund CheckingCash in Bank - First Financial Bank

Total Current Assets

Fixed AssetsProperty & EquiPmentAccumulated DePreciation

Total Fixed Assets

Total Assets

Liabilities and Fund Balance

Current Year

$ 153,672.3453,277.544,496.76

18,753.04

286.253.35

516,453.03

89,561.01(73.029.64\

16,531 .37

s 532.984.40

$ (ee1.35)442.67

1.260.87

712.19

263,878.8251,522.4435,000.0055,000.3940,000.0086.870.56

532,272.21

s 532.984.40a

Prior Year

$ 153,657.5353,233.26

4,496.7628,534.03

270,522.66

510,444.24

89,561.01(73.029.64\

16,531 .37

$ 526.975.61

$ 38.57

382.67

1.365.87

1,787 .11

259,757.8751,522.4435,000.0055,000.3940,000.0083,907.80

525,188.50

s 526.975.61

Current LiabilitiesPayroll Tax PaYable

UnemploYment - SUTA Tax PaYable

Sales Tax PaYable

Total Current Liabilities

Fund BalanceFund Balance - CVB

Fund Balance - CommunitY Events

Sports Promotion Fund Balance

Fund Balance - Walinding Project

Fund Balance - CVB Bid lncentive Project

Earnings Year to Date (Loss)

Total Fund Balance

Total Liabilities andFund Balance

24

Planning a group meeting?

Quality Service~Undivided Attention! It’s our pleasure~That’s SAN ANGELO

For Additional Information:

1-800-375-1206

w ww.visitsanangelo.org

32,000 square foot Convention Center Fine Arts and Nightlife

86,000 square foot Coliseum historic Sites

Angelo State University Year-round Special Events

scenic River Walk and 3 area lakes Vast Visitor Attractions

Friendly and Professional Staff Variety of Accommodations

25

LHofheins

Typewritten Text

Convention South - Fall, 2011

GE- Goo

SnDownhotka - Uptawn

26

LHofheins

Typewritten Text

Texas State Travel Guide Ports to Plains

It’s the time of the season for

Art-Ober-Fest A Taste of San Angelo Halloween Tours- Fort Concho Autumn - leaves y o u w a n t i n g m o r e ! FOR ADDITIONAL INFORMATION

1-800-375-1206 WWW.VISITSANANGELO.ORG

TX Highways July for Oct 2011 .indd 1 7/28/2011 2:01:18 PM

27

LHofheins

Typewritten Text

Texas Highways, Fall 2011

San AngeloStroll downtown for shnpping,restaurants, music, art and richhistory. Or just relax on the

banks ofthe Concho River.

Visit our website at

www,visitsanangelo.org.

Discover ^

getlway that offers the perfect

blend of West Texas charm, outdoorrecreation, culture andjust plain old fun!Enjoy hunting, Western cowboy activities,biking and more . Enjoy our grand historicstructures like Fort Concho, the Cactus

Hotel and our historic murals. Dip into one

ofthc four area lakes for boating and fishing.CHECK #57 ON THE PAGE I9 COUPON

28

It ’s the time of the season for Old Town Marketplace

International Water Lily Festival

September Slide Horsemanship

There’s nothing like September in San Angelo

FOR ADDITIONAL INFORMATION 1-800-375-1206 WWW.VISITSANANGELO.ORG

September 10th

September 17th

September 16 th - 18 th

David Tarver Photo

tx mONTHLY jULY 2011.indd 1 7/22/2011 11:18:48 AM

29

LHofheins

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Texas Monthly, September

LHofheins

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LHofheins

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More

BANG

for your

BUCK

JULY2011 TXMonthly.indd 1 5/19/2011 3:22:01 PM

30

LHofheins

Typewritten Text

Texas Monthly July

31

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Typewritten Text

Banner Ad - Texas Highways

Boot Scoot & Boogie on over to SAN ANGELO

SEPTEMBERLily Fest - take a tour the

OCTOBER

NOVEMBER

FallIssue2011.indd 1 5/26/2011 10:57:18 AM

32

LHofheins

Typewritten Text

TX Events Calendar, Fall 2011

Right around the corner ART-OBER-FEST October 13 - 15 www.downtownsanangelo.com

Roping Fiesta October 28 - 30

www.sanangelorodeo.com

For Additional Events & Information 1-800-375-1206 www.visitsanangelo.org

FA L L i n g f o r SA N A N G E L O

Rodeo.indd 1 8/24/2011 1:19:45 PM

33

LHofheins

Typewritten Text

TX Monthly September

San Angelo moves in to the fall, back to school season with a

wide variety of experiences for visitors of all ages. From the

Lily Fest - a celebration of the internationally acclaimed

Water Lily Collection to “A Taste of San Angelo” through

collaboration of area restaurants and the San Angelo Restaurant

Association provide an opportunity to savor culinary delights , to

The downtown Art-Ober-Fest which offers three-days filled with

activities for all ages; Historic walking tour, Angelo State

University & Miss Wool Parade, Evening Dance, Wooly Bully

Festival and more.

EVENTS: Linedrives & Lipstick Exhibit of Girls Professional

Baseball League paraphanalia and history:

1st Saturday at the Old Chicken Farm Art Center:

Potters, Artists, Weavers, Music & more.

Downtown Art Walk Galleries, music, free trolley, fine

dining MORE

San Angelo Convention & Visitors Bureau Quarterly Newsletter August—September—October, 2011

Through August 11th Fort Concho 630 S. Oakes www.fortconcho.com

Chicken Farm Art Center 2505 Martin Luther King www.chickenfarmartcenter.com

AUG. 6TH

SEPT. 3RD

OCT. 1ST.

AUG. 18th

SEPT. 15th

OCT. 20th

www.downtownsanangelo.com

San Angelo

Texas

Welcomes Ewe

34

San Angelo Convention & Visitors Bureau

418 W. Avenue B

San Angelo, TX 76903

PH: 325-655-4136 FAX: 325-658-1110

E-mail: [email protected]

www.visitsanangelo.org

International Water Lily Festival September 17th View an extensive collection of water lily varieties with an extended growing period in the four designated pools.

ART-OBER-FEST OCTOBER 14—16 Downtown parade including Miss Wool (sheep art) and Angelo State University’s Homecoming entries.

Wooly-Bully events for

youngsters, mutton bustin. stick horse barrel racing and

more.

Historic Walking Tour

Celebration Dance

FMI: 325-655-2345 www.downtownsanangelo.com

Taste of San Angelo OCTOBER 6th Local restaurants prepare & present tasty tidbits, assorted wine selections, great music, and opportunity to make new friends!! FMI: www.sanangelofood.com

Roping Fiesta OCTOBER 29 - 30 For an electrifying western

experience - at the 1st Community Spur Arena FMI: 325-653-7785 www.sanangelorodeo.com

35

http://wzus1.ask.com/r?t=p&d=us&s=a&c=p&app=aoth&l=sem&o=13752&sv=0a5c4071&ip=d0b4f482&id=D15C68D6AD0135BDF33BD6AF51049EC5&q=Mutton+Bustin&p=1&qs=167&ac=745&g=2149P0G0bz+DlM&cu.wz=0&en=pi&io=10&ep=&eo=&b=img&bc=&br=&tp=d&ec=20&pt=%0D%0A%0D%0A%20%20%20%20

Parks &

Recreation Dept.

Memo Date: Nov. 3, 2011


From: Anthony Wilson, Civic Events Manager

Subject: Agenda Item for Nov. 15, 2011, Council Meeting

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

Maryann Vasquez, Recreation Manager, 234-5568

Carl White, Parks and Recreation Director, 234-1724

Caption: Regular Item

Consideration of approving the Special Events Community Review Committee’s recommendations regarding San Angelo Girls Fastpitch Association’s request for in-kind support for the 2012 West Texas All-Star Tournament

Summary: Under the Special Events Policy, non-profit groups that seek in-kind City support for an event must fill out an application and undergo a grading process by a Community Review Committee. The San Angelo Girls Fastpitch Association has done so, seeking support related to the use of Texas Bank Sports Complex for the West Texas All-Star (softball) Tournament in July 2012. History: The Special Events Policy includes a process for seeking in-kind support from the City for events. Local non-profit organizations seeking such support must submit an application detailing their request and the benefits of their event to the community. A Community Review Committee, consisting of members from the Recreation and Civic Events advisory boards, reviews the applications. The committee grades the applications on a 100-point scale based on factors such as economic impact, quality of the event, and community outreach. For each point scored, the group earns $100 of in-kind support. The San Angelo Girls Fastpitch Association recently submitted an application regarding the use of Texas Bank Sports Complex in July 2012 for the West Texas All-Star Tournament, a girls softball tournament that rotates among four West Texas cities. (San Angelo previously hosted the event at the 29th Street complex. During those times, the City spent tens of thousands of dollars readying those fields for the tournament.) For next year’s tournament, SAGFA requested a total of $12,455 in in-kind support in the form of the following items: • Field rental = $4,175 (2 quads at $325/day/quad x 4 days, plus plus 3 fields at $243.75/day x 4

days, plus $150/gate/day x 4 days). This is assuming all 11 softball fields are used all four days. The cost could be less, depending upon the number of registered teams.

• Field maintenance = $7,200 (6 people x $20/hour x 60 hours) • Security = $1,080 (2 officers x $30/hour x 18 hours) Recreation Manager Maryann Vasquez also suggests accounting for restroom maintenance at a cost of $300 (1 person at $15/hour x 20 hours). SAGFA also requested two items that neither staff nor the Community Review Committee viewed to be in-kind support: 10% of concession proceeds and the use of 10 porta-potties. SAGFA has received 10%

of the proceeds (half of what the City receives from San Angelo Host, our contracted concessionaire) from concession sales during its regular season at Texas Bank Sports Complex. While the Council may approve SAGFA receiving that same percentage during this special event (an estimated $3,000), because that transaction would involve cash, that action would be separate and apart from a decision on in-kind support. The City does not own a supply of porta-potties, contracting with a local vendor to provide those where and when they are needed. If the City were to provide porta-potties for this special event, that would be a direct out-of-pocket cash expense of approximately $1,800 as opposed to in-kind support. Further, although it is not in its in-kind support application, SAGFA has, as part of its contract with the tournament organizer, who is an American Softball Association commissioner, committed to register 150 adult teams in ASA. However, SAGFA, which is a youth organization, does not register adult teams; it expects the City’s Recreation Division to meet this registration commitment on SAGFA’s behalf. Recreation’s softball program is not affiliated with ASA, so the City has declined to register teams in that organization. As a result, SAGFA expects the City to pay a $2,250 “tournament fee” in lieu of registering adult teams in ASA. Again, if the Council were to approve that, that would be separate and apart from this in-kind request. Financial Impact: SAGFA sought $12,455 in in-kind support. The Review Committee recommended $7,667 in in-kind support. Of that total, the Texas Bank Sports Complex, which is an enterprise operation supported by earned revenue, general fund dollars and the half-cent sales tax, would bear the full expense. In addition to paying for the balance of the expenses not covered by the approved level of in-kind support, SAGFA would pay approximately $417.50, which represents the 10% of rental costs that applicants must pay for the use of City facilities under the Council-approved in-kind support policy. Texas Bank Sports Complex would receive all of these proceeds. SAGFA has said it intends to seek a maximum $5,000 sports grant for the event from the Convention and Visitors Bureau. According to SAGFA, the tournament is expected to draw 1,200 participants – 1,100 of whom will be from out of town – and 2,400 spectators, generating an estimated 2,000 room nights over the duration of the event. SAGFA very conservatively estimates the economic impact at $424,000; other communities that have hosted the event estimate the economic impact to be about $2 million.

Other Information/Recommendation: The Community Review Committee recommends approval of $7,667 in in-kind support. One committee member raised concerns about the transparency of SAGFA’s finances, and all of the members said they would have supported a higher level of support had they had more confidence in the organization’s administration and its in-kind support application.

Attachments: In-kind support application from SAGFA PowerPoint In-kind Support Special Events Policy

Special Events Policy

Reviewed by Director: Carl White, Parks and Recreation Director, Nov. 4, 2011

Special Event Application Summary (Oct. 6, 2009) *page numbers refer to the Special Event Policy

Does My Event Require A Special Event Permit? Special event permits are required for any temporary gathering open to the public held on City of San Angelo public property where 50 or more persons are expected to attend. For more information regarding your special event, call San Angelo Parks & Recreation at 325-657-4279 or 325-657-4450. A $25 Fee applies to the Special Event Application. See page 3 FMI. Please note: this policy does not apply to events within the boundaries of the Coliseum, Convention Center, El Paseo Pavilions, Farmers’ Market, RiverStage, or Auditorium unless the event is seeking in-kind support from the City. Special events utilizing these facilities as part of a larger event must comply with both the Special Events Policy and specific policies for the venue. Contact the Civic Events Division at 653-9577 for bookings.

Events Not Requesting City Support must submit a finalized Special Event application at least 30 days prior to the event. A $25 Special Event Fee applies. See page 1 FMI.

Events Requesting City Services (paid by the applicant or requested “in kind”) must submit a finalized Special Event application based on the schedule below. A $25 Special Event Fee applies. See page 1 FMI.

by Jan. 31st for events in May, June, or July by April 30th for events in August, Sept., or Oct.

by July 31st for events in Nov., Dec., or Jan. by Oct. 31st for events in Feb., March, or April

Requests for “In Kind” City Support / Sponsorship for Non-Profit Organization Events – “In-Kind” support may be provided for actual costs of City labor, venue rental, equipment and material use to assist special events operated by local non-profit organizations. Non-profit organizations seeking to be supported under this granting program must submit their applications based on the schedule shown above. All applications will be evaluated by the City and any in-kind support awarded before the event. Applications may be obtained at Santa Fe Crossing, 702 S. Chadbourne St. or online at www.sanangelotexas.us/parks&recreation. See page 2 FMI.

For-Profit Events (including video/film production and political rally functions) held on City of San Anglo public property must complete a finalized Special Event application and pay all fees and support costs. Submission of a Special Event application is required based on the deadlines above, depending on the support level requested. A $25 Special Event Fee applies. See page 2 FMI.

Private Events (such as birthday parties, weddings, and family reunions) held on City of San Angelo public property will not be required to file a Special Event Application. However, facilities must be reserved through the Parks & Recreation Department at 325-657-4279/4450. Reservations are made on a first-come, first-served basis. No application fees apply, although reservation, rental fees, deposits, and insurance requirements may be assessed for certain facilities. See page 2 FMI.

Block Parties, Parades, Running, Walking, and Biking / Athletic Events for public or private participation, which exclusively request the closing or use of streets, must obtain a street closure permit from the Inspections & Permits Office, 325-657-4420. Requests for street closures must be submitted to the Permits Office at least 10 business/working days prior to the event. A $25 Fee applies. See page 2 FMI.

Concessions, Vending, and Health Permit: All concession sales must be reviewed and approved by the Parks & Recreation Director. The City Concessionaire has an exclusive and contractual right to sell alcoholic beverages on all City property covered by this policy. If your event intends to sell alcoholic beverages, contact the City Concessionaire at 325-212-8234. Food/Beverage Vendors should contact the San Angelo Health Department 90 days prior to the event date at 325-657-4493. See page 4 FMI.

Liability Insurance: All sponsors of special events must provide liability insurance. Contact the City’s Risk Management Office at 325-657-4359 to acquire insurance coverage or to answer questions regarding liability insurance for your event. See page 5 FMI.

Security: Sponsors of an event must have certified law enforcement officers present, if required by the Parks & Recreation Director. This requirement, as well as the number of officers needed, will depend on the type of event (including activities), number of anticipated attendees, whether or not alcohol will be consumed at the event, as well as other factors. See page 6 FMI.

1

CITY OF SAN ANGELO

SPECIAL EVENTS POLICY for Public Events on Public Property

(October 20, 2009) A. Attachments & References:

• Special Events Application – Attached to this policy Available upon Request:

• Reservation Policy for Small Private Functions on City Property • In-Kind City Support Grant Application • Map and List of City of San Angelo Public Properties available for Special Events • Excerpts of Related City of San Angelo Ordinances

B. Intent of this Special Event Policy This policy shall apply to all special events held on City of San Angelo public property. Any organization or individual wishing to sponsor or hold a special event on City of San Angelo property must complete a Special Event Application.

Special events that utilize Civic Events venues (including the Coliseum, Convention Center, Auditorium, El Paseo Pavilions, Farmers’ Market, and RiverStage) as part of a larger event must comply with both the Special Event Policy and specific policies for the venue. Policies regulating Civic Event venues shall not be superseded by this special events policy. C. Definitions Certified Law Enforcement Officer – an officer of the law who is legally certified to serve as a law enforcement officer and who is currently employed as a peace officer in the State of Texas.

Event, Special – any temporary gathering open to the public, including, but not limited to, arts and crafts shows, fairs, celebratory functions, theatrical exhibitions, musical performances, public shows, entertainment, amusement, sports tournaments, or other exhibitions held on City-owned public property with 50 or more persons expected in attendance. Non-Profit Organizations – groups with a physical presence (office and/or at least 1 full-time employee who works and is paid for a minimum of 30 hours per week) in Tom Green County possessing non-profit and/or tax-exempt status, including charitable organizations; governmental entities; churches and religious organizations; business leagues; agricultural organizations; fraternal societies; service and social clubs; volunteer and social welfare organizations; veterans and military organizations; and educational and schools-related groups. Groups that are outside the San Angelo city limits must make their requests to the City Council as part of the Council’s regular agenda. D. Application Procedures Applications are available from the Parks & Recreation office at 702 S. Chadbourne St. or via the Internet at www.sanangelotexas.us. Parks & Recreation staff will provide a complete review of all special event applications, including consultation with the applicant as may be reasonably necessary to resolve problems, at no charge to event sponsors.

Events Not Requesting City Support must submit a finalized Special Event application at least 30 days prior to the event.

Events Requesting City Services (whether paid by the applicant or requested “in kind”) must submit a finalized Special Event application based on the schedule shown below:

On or before Jan. 31st for events in May, June, or July

2

On or before April 30th for events in August, September, or October On or before July 31st for events in November, December, or January

On or before Oct. 31st for events in February, March, or April

Application Requests for “In Kind” City Support / Sponsorship for Non-Profit Organization Events – The City of San Angelo may provide “In-Kind” support for actual costs of City labor, venue rental, equipment and material use charges to assist special events operated by non-profit organizations. Non-profit organizations seeking to be funded under this granting program must submit their applications based on the schedule shown above. All applications will be evaluated by the City and any in-kind support awarded before the event. (See the “In-Kind” City Support / Sponsorship Policy and Application FMI.)

Applications for Street Use and/or Closure permits shall be submitted to the Permits Office (325-657-4420) at least 10 business days prior to the event. If the street closure is part of a larger event described by this policy then the deadline dates listed above shall apply.

The City may waive the submission deadline only in extreme cases for events involving some type of security issue (i.e. Presidential Visit).

E. Types of Events and City Services Support The City will provide support to Special Events on the following basis:

Non-Profit Organization Events: The City may provide labor, equipment, material, as well as rental fees, if applicable, to assist special events operated by non-profit organizations as defined above. Groups requesting City support must submit an “In-Kind” City Support Grant application to the Parks & Recreation Director for review and consideration. Events must meet all requirements of the special events policy, and must reimburse the City department or division for any costs in excess of the support level authorized by this policy or the City Council. Small prayer and religious functions including fewer than 50 people and lasting no more than two hours will not be considered a special event and will be scheduled in the same manner private functions are. City support will not be available for these events. Please see the information below in “Private Functions …”

Block Parties, Parades, Running, Walking, and Biking / Athletic Events: For public or private events that exclusively request the closing or use of streets, contact the Inspections & Permits Office at 325-657-4420, at least ten (10) business / working days prior to the event.

Annual Collective Street Use Permit: Organizations may request an annual collective street use permit. Such requests will be charged the one-time street-use permit fee of $25.00 and must be accompanied by a written request of the organization on the organization’s letterhead with a complete schedule of all the days, times, events, and locations that are being requested in the collective street use request. Such requests must be submitted to the Permits Office ten (10) business / working days prior to the first scheduled event.

Political Rally Events: The City will allow Political Rally Events providing that the political party, candidate, or political organization pay 100% of all support costs in addition to any facility usage costs, if any. Liability insurance, permit fees, and deposits will not be waived.

For Profit Events: These events must pay 100% of all City costs related to the event and must meet all requirements within this policy. Rent and use fees may apply. Liability insurance, permit fees, and deposits will not be waived.

Private Functions such as Birthday Parties, Weddings, Family Reunions, etc.: Private functions held on City of San Angelo public property will not be required to file a Special Event Application. However, facilities must be reserved through the Parks and Recreation Department at 325-657-4279

3

/ 657-4450 (Santa Fe Crossing, 702 S. Chadbourne St.), using the approved Reservation Policy for Small Private Functions on City Property. Reservations are made on a “first-come, first-served” basis. No application fees apply, although rental fees, deposits, and insurance requirements may be assessed for certain facilities.

F. Fees and Services for Special Events Fees shall be charged for City services provided to Special Events as follows:

1. Availability: City labor, materials, facilities and/or equipment may not always be available because of previously scheduled uses. In those instances, special event applicants will be responsible for procuring or providing labor, materials, facilities and/or equipment at their own expense.

2. A $25.00 Non-Refundable Permit Fee will be charged to all special events at the time of

application. Applicants will not be charged a special event application fee and a street use/closure permit. Only one (1) $25 fee will apply. The Parks & Recreation Director will determine which City department/division collects the fee.

3. Hourly Staff and Temporary Labor Rates: This will be the hourly rate for any non-exempt employee or temporary laborer, working on a special event as required for an event – see the current Special Event Fee Schedule attached to this policy. Based on an event’s requirements, City special event coordinating staff can provide an estimate of support costs.

4. Materials Rental Rates: City materials (such as tables, chairs, stage sections, etc.) required for an event shall be charged to the event by daily cost. The established rate for materials shall come from the current Special Event Fee Schedule attached to this policy. Based on an event’s requirements, City special event coordinating staff can provide an estimate of the City materials rental costs.

5. Equipment Usage Rates: This will be the hourly rate for equipment utilized by staff for the purpose of supporting the event (trucks, trailers, loaders, lifts, lights, etc.). The hourly rate will include expenses related to the use of the equipment, including fuel. Based on an event’s requirements, City special event coordinating staff can provide an estimate of the City equipment usage costs.

6. Trash Receptacles: The City shall provide a number of trash receptacles (barrels or other approved containers) at no cost. The “City” shall determine the number, placement, and frequency of servicing of all the receptacles based on the type and location of the event. A guideline of one (1) trash receptacle per every 200 persons will be allotted based on the estimated number of people on the Event Application as well as availability of trash receptacles. Trash receptacles will be emptied by City Staff a minimum of one time every day of the event at the hourly rate per employee as noted in the attached Special Event Fee Schedule. Event organizers are responsible for coordinating and paying for trash dumpsters if required.

7. Clean-up and Damage: The applicant is responsible for returning City property to pre-event condition and agrees to compensate the City for damages or clean-up costs. The “City” may conduct a pre- and post-event survey of City property with the applicant to verify condition of City property. Costs for clean-up will be charged at hourly staff rates as noted above plus the direct cost of any repairs. All damages will be assessed by the Risk Management Office and the cost will be billed to the Event applicant, deducting from the deposit as needed. There are three tiers for clean-up and damage deposits, based on the size and nature of the event: Level I ($100) – events with up to 150 anticipated attendees where little activity is anticipated and minimal setup is required; Level II ($250) – events with up to 499 anticipated attendees where moderate activity is anticipated and some setup is required; and Level III ($500) – events with

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500 or more anticipated attendees where lots of activity is anticipated and lots of setup is required.

8. Temporary Utility Hook-ups: The cost for all temporary utility hookups shall be borne by the applicant. Temporary utility hookups shall be installed by licensed contractors and shall be subject to inspection by City inspectors.

9. Existing water and/or electrical connections may be available at a minimum cost of $15.00 per connection/per day (not counting the first three connections), depending on proposed use and location. This cost includes the daily use of the utility and is applied for each water and/or electrical connection over three connections.

10. Restroom Facilities: As a guideline, the total number of portable toilets required for each event for each day is determined by taking the total number of anticipated attendees and dividing by 250. At least one unisex toilet for the wheelchair-bound disabled is required for each set of 10 restrooms provided, with a minimum of one. The number of toilets required can be reduced by existing fixed or portable restrooms (even if provided by another party). If portable restrooms are required, applicants must coordinate and pay for them. Placement of portable restrooms must also be coordinated with City event coordinating staff. Toilet locations should be well-marked, well-lit (including the surrounding area) if night use is anticipated, serviced (including pump-out portables) on a 24-hour schedule during the event (vehicle access is obviously necessary), and located at least 150 feet away from food storage and food service areas. The City reserves the right to determine the exact number of portable restrooms required based on the location and type of event.

11. Barricades: Should barricades or signs be required for crowd or traffic control to accommodate the special event, the applicant will be billed $25 per barricade location per day plus a $100.00 refundable deposit for each location. City staff will deliver the barricades at the date, time, and location as specified on the event application.

12. Traffic Cones: Should traffic cones be required for the special event, the applicant will be billed $2.50 per set of 10 cones per day, plus a $10.00 refundable deposit for each set. City staff will deliver the traffic cones at the date, time, and location as specified on the event application.

13. Fencing, Temporary: Should temporary fencing (portable chain link sections or orange construction fencing with “T” posts) be required for the special event, the applicant will be billed $0.40 per linear foot per event, plus labor costs for installation. City staff will deliver the temporary fencing at the date, time, and location as specified on the event application.

14. Structures, Temporary: Absolutely NO stakes, poles, or posts are permitted to be placed on City property without the written consent of the City. A map showing the location of all temporary structures, including carnival rides, tents, ticket booths, and the like, must be submitted with the original application materials.

15. Signs / Banners: The Special Event Application shall include a description of any advertising signs proposed to be used for the event. The use of signs shall conform to the description contained in the application, or as modified by the City Staff in the approval decision.

G. Concessions, Food Vending, and Alcohol Sales All concession sales must be approved by the Parks and Recreation Director, as part of the original event application, review, and approval. All food vendors must post a valid temporary Food License as authorized by the City of San Angelo Health Department. Food/Beverage Vendors are responsible for any and all fees related to obtaining a food license. Food/Beverage Vendors are required to comply with all City Health Department rules and regulations for Temporary Food License Facilities.

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The City of San Angelo Concessionaire has a contractual exclusive right to sell food at the following venues: Coliseum, Convention Center, RiverStage, and the Auditorium. If your event intends to sell food at one of these venues, contact the Concessionaire at 325-212-8234. The City of San Angelo Concessionaire has a non-exclusive right to sell food at all other City properties overseen by the Parks and Recreation Department.

The City of San Angelo Concessionaire has a contractual exclusive right to sell alcoholic beverages on all City property covered by this policy (all Parks and Recreation properties except Fort Concho and excluding Lake Nasworthy parks). If your event intends to sell alcoholic beverages, contact the City Concessionaire at 325-212-8234. Please note that the deeds for the Santa Fe Park properties prohibit any sale of “intoxicating liquors.” Only beer may be sold on these properties.

Sponsors of events, in which food and/or beverage vendors will be present (vendors other than the City Concessionaire), should contact the City of San Angelo Health Department at least 90 days prior to the event date. Temporary event forms and information are found on the City of San Angelo Web site under Departments>Health>Health Environmental>Forms. Contact the City of San Angelo Health Department at 325-657-4493. All food/beverage vendors must have the City of San Angelo Health Department approval.

H. Liability Insurance Requirements The City requires all sponsors of special events to provide liability insurance. Event sponsors may acquire the certificate of liability insurance on their own or may request the City Risk Management Office to acquire it for them at the event sponsor’s expense. The insurance must be issued by a company licensed to do business in the State of Texas. An event sponsor shall be required to provide a valid certificate of insurance in the minimum amount of $1M general liability naming the City of San Angelo as an additional insured prior to the event within ten (10) business days prior to the first day of the event. Contact the Risk Management Office at 325-657-4359. The City may require the sponsor and/or vendor provide higher levels of insurance, coverage, and policies as deemed reasonable and necessary based on specific event risk factors and review by the City’s insurer.

The City may place additional requirements on any event. These requirements may include specific staffing levels for Police, Fire Paramedic, Operations, or other personnel. Expenses for these requirements will be billed to the sponsoring organization under the terms of this policy.

City Administration will review each special event application received and assess the potential liability risk of the City, based on the following categories. Events may fall into one or more categories below. The sale of alcohol at any event will elevate the event’s inherent risk level.

Class I – Low Risk involves no physical activity by participants and no severe exposure to spectators. Examples of events in this category include, but are not limited to, private functions and wedding ceremonies of fewer than 50 people.

Class II – Moderate Risk involves limited physical activity by participants and no severe exposure to spectators. Events in this category include, but are not limited to, amateur team sports, dances, and concerts.

Class III – High Risk involves major participation by participants and/or moderate exposure to spectators. Events in this category include, but are not limited to, festivals, craft shows, circuses, carnivals, food vendors, inflatable games, amusement rides, animal shows, sidewalk sales, political rallies, and flea markets.

Class IV – Maximum Risk involves severe exposure to spectators and/or participants. Examples of events in this category include, but are not limited to, vehicle races, fireworks displays, and professional or collegiate level sporting events.

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During review of the Special Events Application, the City may place special conditions on the event. City Staff, under the facilitation of the Parks and Recreation Director, shall be available to meet with event organizers to review the special conditions and ensure that all conditions, including insurance coverage, are met before the event begins. Some events may require that an appropriate member of the City Staff be on site during the event.

The City Manager has the authority to cancel or stop an event, before or during the event, if the conditions required for approval of the event, including insurance coverage, are not being met. In addition, the City Manager and City public safety officials have the authority to cancel or stop an event, or place additional restrictions on the event, if it is deemed that the public health, safety, or welfare is being jeopardized and/or would be better served with additional restrictions.

I. Traffic Control and Safety Requirements: The event sponsor shall be responsible for complying with all traffic control and safety procedures required by the City during the event. The requirements will be indicated in the notice of approval, and additional requirements may be made by the City during the event as may be necessary for the safety of the public. It should be noted that the City does not allow solicitations of any kind in a street. The City accepts no responsibility or liability for the safety of persons who may, against the policy of the City, make solicitations in City streets.

J. Two or More Applications for the Same Event Date If two or more applications are received for the same date, time, and location prior to approval of any event, the date and time that each application was received by the City shall determine the order of preference. Once a Special Event approval has been granted, it shall be the policy of the City to not award further permits for the same date, time, and general location. In the event that two or more Special Event Applications are received at the same time for the same date, time, and location, City Administration has the authority to resolve date and time conflicts with the sponsors filing each application.

K. Reservation of Annual Event Dates If an event is intended to be an annual event at regularly scheduled dates, the current year’s application may include the following year’s requested dates.Approval of the current year’s application may include a reservation for the next year’s proposed dates. However, the reservation will not constitute approval of the next year’s event, which must have its own timely application submitted for City approval. In general, the City will not approve Special Event Applications for more than one year in advance.

L. Security/Certified Law Enforcement Officers Sponsors of an event must have certified law enforcement officers present, if required by the Parks & Recreation Director. This requirement, as well as the number of officers needed, will depend on the type of event (including activities), number of anticipated attendees at the event, whether or not alcohol will be consumed at the event, as well as other factors. If the City provides “in-kind” dollars for security at an event, then the event sponsor must utilize City of San Angelo certified peace officers. The event can utilize outside officers for security; however, the event sponsor cannot utilize “in-kind” funding for those positions. If certified law enforcement officers other than San Angelo Police officers are provided at the event, the event sponsor must coordinate those officers and inform the City Parks & Recreation office that the officers have been secured for the event.

The San Angelo Police Department will contact the event sponsor to coordinate SAPD law enforcement officers, including payment. Rates for law enforcement officers vary – see the Services Cost Schedule.

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M. Ordinance Violations Related to the Use of Park Property Note the following activities are in violation of City of San Angelo Ordinances:

1. to damage, deface, or remove any park properties or facilities (this includes using nails, tacks, pins, or tape on any structure);

2. to dig or remove any soil on/from park property (this includes driving stakes into the ground); 3. to cut or remove any plant material; 4. to attach anything to any tree or plant; 5. to drive or park any vehicle on areas not designated for such use; 6. to leave litter and trash in the park other than in trash receptacles provided; 7. to ride a horse or pony except on designated areas; 8. to create a fire in places not designated (such as barbecue pits); 9. to camp in an area of a park not designated for camping; or 10. to sell or advertise any items or services on park property without authorization and permit

provided by a special event permit.

N. “Rain Out” of Scheduled Events Should an event be cancelled by the organizer due to inclement weather or other unforeseen occurrence, event organizers must not assume the event may be rescheduled on another date at the same time and location since other events may be scheduled at that time and location. Contact the Parks & Recreation Department to confirm if and when the event may be rescheduled.

Policy Adopted: by the City Council on October 7, 2008, to be placed in effect on January 1, 2009. Revised on Oct. 6, 2009, effective immediately.

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Services Cost Schedule Item Refundable Deposit Fee

Application/Permit Fee n/a $25.00 per event

Barricades $100.00 $25.00 per barricade location

Cones, Traffic

$10.00 per 10 cones $2.50 per set of 10 per day

Tables

(8’ rectangular) $50.00 per 10 tables $1.50 each / per day

Chairs

$20.00 per 10 chairs $0.40 each / per day

Benches

(8’) $40.00 per 10 benches $1.50 each / per day

Stage Sections (4’ x 8’ x ~30 “)

$10.00 each $4.00 each / per day

Fencing, Temporary

n/a $0.40 per linear foot / per event

(plus labor)

Utility Connection (water or electricity)

n/a $15.00 per connection / per day (not counting the first three connections)

Clean-Up / Damage Deposit

$100.00 - $500.00 per event (depending on size of

event)

(only charged if City has to clean or repair damage resulting from the event – charged as

a direct expense)

Temporary Laborer n/a $12.00 per person/per hour

(four hour minimum)

City Staff – Laborer

n/a $15.00 per person/per hour

(four hour minimum)

City Staff – Equipment Operator or Supervisor

n/a $20.00 per person/per hour (four hour minimum)

City Staff – Technical

n/a $25.00 per person/per hour

(four hour minimum)

SAPD Security/Officers (contact SAPD directly)

n/a $30.00 per officer/per hour (two hour minimum)

City of San Angelo



From: Lisa Marley, Human Resources Director



Discussion and approval of matters related to Health Insurance: the benefits plan design, health insurance premiums, and the allocation of savings derived from the health insurance and ancillary products providers.

_________________________________________________________________________________

Summary: Discuss, review and approve the benefits plan design of the Aetna Exclusive Provider Option (EPO), the health insurance premiums for all tiers of coverage, and the allocation of the savings generated from the health insurance and ancillary products providers. History: At the November 1, 2011 Council Meeting, RFP-HR-02-11 was awarded to Aetna for health insurance coverage. The benefits plan design has been finalized and requires approval by the City Council. The selection of the Aetna EPO generates a savings of $483,000 and the savings from the ancillary products generates a savings of $42,000. This is a total savings of $525,000 for calendar year 2012. Further analysis by the Insurance Review Committee has brought forth revised recommendations for the use of these funds. Various health insurance premium designs will also be presented to Council for approval. Financial Impact: Impact will vary depending upon the use of the generated savings. Attachments: Proposed medical and prescription benefit features.

Presented by: Lisa Marley, Human Resources Director, Mark Van Buskirk, Holmes Murphy Consultant and Steve Wilson, Insurance Review Committee Spokesperson.

Reviewed by Department Director: Lisa Marley, Human Resources Director, Nov 9, 2011.


City of San Angelo



From: Brian Dunn, Fire Department


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


Discussion on Aerial Truck response emergency runs and related matters

Summary:

The Fire department will explain why the Squad vehicle runs on some responses and not on other responses. We will go over the different types of runs that are dispatched.

History: N/A

Financial Impact: N/A

Related Vision Item

(if applicable):

N/A


Attachments:

Presentation: None

Publication: None


Brian Dunn, Fire Chief

Approved by Legal:

MEMORANDUM Date: November 4, 2011 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 11-15-11 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010 Caption: CONSIDERATION OF AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO AWARD

BID No. AP-04-11, AND AUTHORIZE ALL RELATED DOCUMENTS, IN THE AMOUNT OF $5,925,715 TO TEMPLETON CONSTRUCTION, L.P. FOR THE TERMINAL RECONSTRUCTION AT SAN ANGELO REGIONAL AIRPORT.

History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering

Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. On December 7, 2010, City Council approved KSA Task Order No. 12 which provided for the preparation and technical specifications for the terminal building rehabilitation.

Summary: Four companies bid for this construction project. The low bid is from Templeton Construction,

L.P. who has done previous work at the San Angelo Regional Airport including the construction of the new concourse. Based upon previous project experience, Templeton Construction L.P. is capable of completing the work at the San Angelo Regional Airport. Based upon recent discussions with the FAA it is recommended that the project be awarded to Templeton Construction L.P. for the total base bid plus additive alternate No’s: 2, 3, 4, 5, and 7 for a total contract amount of $5,925,715. Additive alternate no. 2 is for a vending area modification on the concourse level. Additive alternate no. 3 is for the removal of a grease interceptor in room A137. Additive alternate no. 4 is for LED lighting associated with the entry monument sign. Additive alternate no. 5 is for a new bag claim device if it is determined to be necessary during construction. Additive alternate no. 7 is for the installation of a new security and public address system. The entire project is expected to last 18 months.

Financial Impact: The Federal Aviation Administration (FAA) will pay $5,154,430. The City is obligated to pay $371,286 which will come from Passenger Facility Charges (PFC’s), and COSADC has obligated $500,000 towards the project’s non-federal eligible costs.

Related Vision Item: Adequately maintain infrastructure • Transportation Other Information/Recommendation: Staff recommends approval. Attachments: Memorandum - Terminal Renovation Financing

Bid Tabulation Project Agreement Form

Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 11-04-2011

SAN ANGELO REGIONAL AIRPORT TERMINAL RENOVATOINS

PROJECT AGREEMENT FAA PROJECT NUMBER

FAA AIP N0. 3-48-0191-031-2010 This Agreement is entered into this ___ day of ____________, 2011, by and between the

City of San Angelo, a Texas home-rule municipal corporation, (“City”) and Templeton

Construction Co, a domestic for-profit corporation whose address is 521 West Beauregard, San

Angelo, (“Contractor”).

RECITALS

A. The City has issued a Request for Bids for No. AP-04-11, San Angelo Regional

Airport Terminal Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFB

No. AP-04-11”) at San Angelo, Texas (“Proposal”), for a terminal renovation project to renovate

the existing terminal building at San Angelo Regional Airport (“Work”); and Contractor’s bid, in

response thereto, has been selected as the most qualified proposal for the provision of the Work.

B. On _______________, 2011, the City Council of the City of San Angelo,

approved the selection of Contractor and authorized the City Manager to execute an agreement

(“Agreement”), under the terms and conditions set forth herein.

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

contained, Contractor and the City agree as follows:

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TERMS

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

and made a part of this Agreement.

2. SCOPE OF WORK:

A. Contractor agrees to perform all of the Work and furnish all of the material,

supplies, tools, equipment, labor and other services necessary for the construction and

completion of the Work described in RFB No. AP-04-11 for the terminal renovation project

consisting of renovations of the existing the San Angelo Regional Airport terminal building,

including demolition, new square footage construction, electrical, mechanical, plumbing,

security system, civil, and baggage system improvements as directed by the City, and complete

all the Work as specifically described and indicated, and under the special terms and conditions

set forth in the Contract Documents described under Section 7 of this Agreement and which by

this reference are incorporated as if fully set out herein.

B. Contractor acknowledges that all of the provisions in RFB No. AP-04-11, Section

5, Federal Provisions are required by federal law for projects using FAA funding sources and

that project which is the subject of this Agreement is funded by FAA funding sources.

Contractor agrees that compliance with each of the provisions under Section 5 of RFB No. AP-

04-11 is required by all participants in the project and agrees that failure to comply by Contractor

or agents, employees or subcontractors of Contractor or to perform and complete all Work

required under this Contract in accordance with all applicable FAA and federal laws, regulations

and provisions and requirements constitutes a material breach of the terms of the Contract

Documents subject to all remedies authorized herein or under law.

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C. Contractor represents and warrants to City that: (i) it possesses all qualifications,

licenses and expertise required under the Bid proposal for the performance of the Work; (ii) it is

not delinquent in the payment of any sums due City, including payment of permit fees,

occupational licenses, etc., nor in the Work of any obligations to City; (iii) all personnel

assigned to perform the Services are and shall be, at all times during the term hereof, fully

qualified and trained to perform the tasks assigned to each; and (iv) the Work will be performed

in the manner described in the Contract Documents.

3. TIME OF PERFORMANCE: Contractor agrees to substantially complete the

Work within five hundred forty (540) consecutive calendar days (“Contract Time”) after the date

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

approval for beginning Work on the project will not be given and that Work will not start until

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

and approved by the City.

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

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

Work is not substantially complete within the time specified in Section 3 above, plus any

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

difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Work

is not substantially complete on time. Accordingly, instead of requiring such proof, City and

Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a

penalty) would be for Contractor to pay City One Thousand Five Hundred Dollars ($1,500.00)

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

substantially complete. Therefore, Contractor shall pay as liquidated damages One Thousand

Five Hundred Dollars ($1,500.00) for each calendar day that expires after the time specified in

Section 3 until the Work is substantially complete.

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

embraced in this Agreement, and Contractor shall accept as full compensation therefore, the Bid

Price of and Five Million, Nine Hundred Twenty-five Thousand, Seven Hundred Fifteen and

00/100 Dollars ($5,925,715.00) subject to adjustment only as provided by approved change

order, for all Work covered by and included in the Contract award; payment thereof to be made

in current funds in the manner provided in paragraph 2 below.

6. PAYMENT PROCEDURES:

A. Contractor shall submit Applications for Payment in accordance with the General

Conditions as shown in RFB No. AP-04-11 and City shall process the Applications for Payment

in accordance with the General Conditions, except that progress payments and the final payment

under this Agreement shall be made as set as follows:

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

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

submittal of the application for payment each month in accordance in Chapter 2251,

Texas Government Code, and as provided below. All progress payments shall be

based upon the progress of the Work, measured as provided for in the General

Conditions.

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a) The Contractor shall subdivide the Work into component parts in sufficient detail

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

retainage shall not exceed five percent (5%) of the total bid price. Upon approval

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

Estimate furnished by the Contractor.

b) If payment is requested by the Contractor on the basis of materials on hand, not in

place, but delivered and suitable stored at the site or at another location agreed to

in writing, the Partial Payment Estimate shall also be accompanied by such

supporting data, satisfactory to City, as well establish its interest therein,

including applicable insurance. Payment for material on hand but not installed

will not constitute acceptance of material an inspected and approved for

installation.

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

pay an amount sufficient to increase total payments to Contractor to 95% of the

Contract Price, less such amounts, if any, City determines should be deducted in

accordance with the General Conditions.

2) Final Payment. Upon completion and acceptance of the Work by City in accordance

with the General Conditions, City shall pay the remainder of the Contract Price

7. CONTRACT DOCUMENTS: The following documents from the City of San Angelo are

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

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§ Request for Bid No. AP-04-11 for the San Angelo Regional Airport Terminal

Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFB No. AP-

04-11”)

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

and addenda comprising said Bid Invitation number as of the time this Agreement is

entered by Contractor and City.

8. ADDITIONAL CONTRACTOR’S REPRESENTATIONS:

A. In order to induce City to enter into this Agreement, Contractor makes the

following representations to City:

1) Contractor has familiarized itself with the nature and extent of the Contract

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

2) Contractor has made, or caused to be made, examinations and investigations of

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

Price, within the Contract Time and in accordance with the other terms and conditions

of the Contract Documents; and no additional examinations, investigations or similar

data are, or will be required by Contractor for such purposes.

3) Contractor has given City advanced written notice of all conflicts, errors, or

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

the written resolution thereof by City is acceptable to Contractor.

4) Contractor is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

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

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

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

terms of this Agreement is and shall at all times remain the property of City. Contractor agrees

not to use any such information, document, report or material for any other purpose whatsoever

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

discretion.

10. AUDIT AND INSPECTION RIGHTS:

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

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

audited, those books and records of Contractor which are related to Contractor’s performance

under this Agreement. Contractor agrees to maintain all such books and records at its principal

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

Agreement.

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

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

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

terms hereof and/or the terms of the Solicitation Documents, if applicable. Contractor shall

make available to City all reasonable facilities and assistance to facilitate the performance of

tests or inspections by City representatives. All tests and inspections shall be subject to, and

made in accordance with the methods prescribed by the American Society for Testing and

Materials or such other applicable organization.

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

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

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

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

of this Agreement.

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

all reasonable times, to all documents and information pertaining to City agreements, subject to

the provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and

the public to all documents subject to disclosure under applicable law. Contractor’s failure or

refusal to comply with the provisions of this section shall result in the immediate cancellation of

this Agreement by City.

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

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

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

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

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

14. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless City

and its officials, employees and agents (collectively referred to as “Indemnitees”) and each of

them from and against all loss, costs, penalties, fines, damages, claims, expenses (including

9

attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to

or death of any person or damage to or destruction or loss of any property arising out of,

resulting from, or in connection with (i) the performance or non-performance of the services

contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in

whole or in part, by any act, omission, default or negligence (whether active or passive) of

Contractor or its employees, agents or subcontractors (collectively referred to as “Contractor”),

regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent

or contributing) by any act, omission, default or negligence (whether active or passive) of the

Indemnitees, or any of them or (ii) the failure of the Contractor to comply with any of the

paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or other

regulations or requirements of any governmental authority, federal or state, in connection with

the performance of this Agreement. Contractor expressly agrees to indemnify and hold harmless

the Indemnitees, or any of them, from and against all liabilities which may be asserted by an

employee or former employee of Contractor, or any of its subcontractors, as provided above, for

which the Contractor’s liability to such employee or former employee would otherwise be

limited to payments under state Workers’ Compensation or similar laws.

15. DEFAULT: If Contractor fails to comply with any term or condition of this

Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in

default. Upon the occurrence of a default hereunder City, in addition to all remedies available to

it by law, may immediately, upon written notice to Contractor, terminate this Agreement

whereupon all payments, advances, or other compensation paid by City to Contractor while

Contractor was in default shall be immediately returned to City. Contractor understands and

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agrees that termination of this Agreement under this section shall not release Contractor from

any obligation accruing prior to the effective date of termination. Should Contractor be unable

or unwilling to commence to perform the Services within the time provided or contemplated

herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses

incurred by City in preparation and negotiation of this Agreement, as well as all costs and

expenses incurred by City in the re-procurement of the Services, including consequential and

incidental damages.

16. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees

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

Agreement by City, shall be submitted to the City Manager for his/her resolution, prior to

Contractor being entitled to seek judicial relief in connection therewith. In the event that the

amount of compensation hereunder exceeds $25,000.00 the City Manager’s decision shall be

approved or disapproved by City Council. Contractor shall not be entitled to seek judicial relief

unless: (i) it has first received the City Manager’s written decision, approved by City Council if

the amount of compensation hereunder exceeds $25,000.00 or (ii) a period of sixty (60) days has

expired, after submitting to the City Manager a detailed statement of the dispute, accompanied

by all supporting documentation (90 days if the City Manager’s decision is subject to City

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

section by written instruments, signed by the City Manager.

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17. CITY’S TERMINATION RIGHTS:

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

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

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

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

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

any consequential or incidental damages.

B. City shall have the right to terminate this Agreement, without notice to

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

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

amounts received while Contractor was in default under this Agreement.

18. INSURANCE: Contractor shall, at all times during the term hereof, maintain such

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

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

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

and providing that it will not be canceled during the performance of the services under this

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

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

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

such insurance with City.

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

additional liability insurance coverage or coverage which is different in kind, City reserves the

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

or kind previously required and shall afford written notice of such change in requirements thirty

(30) days prior to the date on which the requirements shall take effect. Should the Contractor fail

or refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s

written notice, this Agreement shall be considered terminated on the date that the required

change in policy coverage would otherwise take effect.

19. SPECIAL INSURANCE AND INDEMNIFICATION:

A. INDEMNIFICATION:

GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND,

AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS,

OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE

AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,

PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES,

LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR

PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY

REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY,

RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR

REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION,

OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR

EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER

ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS

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AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF

ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR

HEREUNDER. NOTHING HEREIN SHALL REQUIRE EITHER PARTY TO THIS

INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS

ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE

CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED

PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT.

PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS

AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THE

DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH

OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE

TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY

(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE

COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF

CONTRACTOR IN PERFORMING UNDER THIS AGREEMENT.

RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS

CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO

CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM

OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.

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B. INSURANCE:

1) GENERAL CONDITIONS. The following conditions shall apply to all

insurance policies obtained by Contractor for the purpose of complying with this

Contract.

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

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

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

contractor, with City, its council members, board and commission members, officials,

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

except on Workers’ Compensation coverage.

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

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

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

consultants and employees.

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

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

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

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

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

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

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

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

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

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

or alter any insurance policy. Copies of required endorsements will be attached to the

certificates to confirm the required endorsements are in effect. Certificates of

insurance and notices of cancellations, terminations, or alterations shall be furnished

to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San

Angelo, Texas 76903.

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

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

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

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

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

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

Contractor of any contractual responsibility or obligation.

f) Sub-contractors’ Insurance. Contractor shall cause each Sub-contractor and Sub-Sub-

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

amounts specified below. Contractor shall require Subcontractors and Sub-

subcontractors to furnish copies of certificates of insurance to Contractor’s Risk

Manager evidencing coverage for each Sub-contractor and Sub-sub-contractor.

2) TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall

obtain and continuously maintain in effect at all times during the term hereof, at

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Contractor’s sole expense, insurance coverage as follows with limits not less than those

set forth below:

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

protect the Contractor and additional insureds against all claims arising from bodily

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

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

omission of the Contractor or its agents and employees. This policy shall also include

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

paragraph of this Contract entitled “Indemnification,” including completed

operations, products liability, contractual coverage, broad form property coverage,

explosion, collapse, underground, premises/operations, and independent contractors

(to remain in force for two years after final payment). Coverage limits shall not be

less than:

$ 2,000,000.00 General Aggregate

$ 1,000,000.00 Products- Completed Operations

$ 1,000,000.00 Personal & Advertising Injury

$ 1,000,000.00 Each Occurrence

$ 100,000.00 Fire Damage (any one fire)

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

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

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

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

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

$ 1,000,000.00 Each Accident Limit

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

Contractor shall maintain Workers Compensation and Employer’s Liability

insurance, which shall protect the Contractor against all claims under applicable state

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

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

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

shall not be less than:

Statutory Amount Workers Compensation

$ 1,000,000.00 Employer’s Liability, Each Accident

$ 1,000,000.00 Employer’s Liability, Disease - Each Employee

$ 1,000,000.00 Employer’s Liability, Disease - Policy Limit

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

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

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administering the workers compensation program in Texas and furnishes evidence of

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

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

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

as required herein.

4) Builders Risk. This Policy shall be an all risk type of insurance covering work

performed under this instrument and materials, equipment or other items to be

incorporated into the building, while the same are located at the construction site,

stored off site or stored at the pale of manufacture. The policy shall cover, at a

minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious

mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of

work. Coverage shall not be less than:

$ 5,925,715.00 Completed Value

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

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

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

sex, religion, age, handicap, marital status or national origin. Contractor further covenants that

no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

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

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

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21. ASSIGNMENT: This Agreement shall not be assigned by Contractor, in whole or in

part, without the prior written consent of City’s, which may be withheld or conditioned, in City’s

sole discretion.

22. NOTICES: All notices or other communications required under this Agreement shall

be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return

receipt requested, addressed to the other party at the address indicated herein or to such other

address as a party may designate by notice given as herein provided. Notice shall be deemed

given on the day on which personally delivered; or, if by mail, on the fifth day after being posted

or the date of actual receipt, whichever is earlier.

TO CITY: TO CONTRACTOR:

City of San Angelo Templeton Construction Co., Inc

Attn: Terry Parker Attn: Gary McClure, President

P.O. Box 1751 521 W. Beauregard Ave.

San Angelo, Texas 76902 San Angelo, Texas 76903

Phone: (325)657-4439 Phone: (325)653-6904

23. MISCELLANEOUS PROVISIONS:

A. This Agreement shall be construed and enforced according to the laws of the State

of Texas.

B. Title and paragraph headings are for convenient reference and are not a part of

this Agreement.

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C. No waiver or breach of any provision of this Agreement shall constitute a waiver

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

effective unless made in writing.

D. Should any provision, paragraph, sentence, word or phrase contained in this

Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise

unenforceable under the laws of the State of Texas or City of San Angelo, such provision,

paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to

conform with such laws, or if not modifiable, then same shall be deemed severable, and in either

event, the remaining terms and provisions of this Agreement shall remain unmodified and in full

force and effect or limitation of its use.

E. This Agreement constitutes the sole and entire agreement between the parties

hereto. No modification or amendment hereto shall be valid unless in writing and executed by

properly authorized representatives of the parties hereto.

24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties

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

25. INDEPENDENT CONTRACTOR: Contractor has been procured and is being

engaged to provide services to City as an independent contractor, and not as an agent or

employee of City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or

benefits under the Civil Service or Pension Ordinances of City, nor any rights generally afforded

classified or unclassified employees. Contractor further understands that Texas Workers’

Compensation benefits available to employees of City are not available to Contractor, and agrees

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to provide workers’ compensation insurance for any employee or agent of Contractor rendering

services to City under this Agreement.

26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the

availability of funds and continued authorization for program activities and the Agreement is

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

regulations, upon thirty (30) days notice.

27. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the

representations contained in the Solicitation Documents.

28. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject to

all Attachments hereto, to all of the attachments, provisions, requirements, federal, state and

local laws, rules and regulations as of the effective date hereof, and to any and all requirements,

whether federal, state or local, verbal or written, placed upon the City. All of the foregoing are

hereby made a part of this Agreement and incorporated herein by reference as if fully set out

herein.

29. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and

only agreement of the parties relating to the subject matter hereof and correctly set forth the

rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,

negotiations, or representations not expressly set forth in this Agreement are of no force or

effect.

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30. COUNTERPARTS: This Agreement may be executed in two or more counterparts,

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

one and the same agreement.

[Signature Page to Follow]

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by

their respective officials thereunto duly authorized, this the day and year above written.

“City”

CITY OF SAN ANGELO, a municipal ATTEST: corporation

_______________________________ By:______________________________

Alicia Ramirez, City Clerk Harold Dominguez, City Manager

“Contractor”

ATTEST: Templeton Construction, a domestic for-profit corporation

______________________________ By:_______________________________ Print Name: Print Name: Gary McClure Title: Corporate Secretary Title: President

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APPROVED AS TO CONTENT: APPROVED AS TO FORM:

______________________________ __________________________________

Luis Elguezabal, Airport Director Lysia H. Bowling. City Attorney

APPROVED AS TO CONTENT: APPROVED AS TO INSURANCE

REQUIREMENTS:

Terry Parker, John Seaton, Risk Manager

Airport Operations Coordinator


City of San Angelo



From: Clinton Bailey, Engineering Services


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

Caption: Regular

Discussion and authorization of City Manager to execute Change Order #3 to the 50th Street Construction & Grape Creek Road Reconstruction Project (ES-1-11) in the amount of $155,489.15 to Reece Albert, Inc. for changing the construction of 50th Street (Travis St. to Armstrong St.) from hot mix asphalt pavement to roller compacted concrete pavement (RCC).

Summary: A Roller Compacted Concrete pavement structure provides the equivalent useful life and dependability of conventional concrete pavement at a significantly lower cost. The typical useful life of a properly maintained hot mix asphalt pavement is 25 years. Extensive rehabilitation is typically needed beyond a period of 25 years. The typical useful life of a roller compacted concrete pavement or conventional concrete pavement is 50 to 75 years before extensive maintenance or rehabilitation is needed. In order for the City and its taxpayers to take advantage of the higher quality pavement structure that reduces the overall maintenance cost over its extended useful life, staff recommends that the proposed change order be approved.

History: The 50th Street Construction and Grape Creek Road Reconstruction Projects are 2004 ballot voter approved ½ cent sales tax projects. The 50th Street Construction Project was designed by KC Engineering of Marble Falls, TX; the Grape Creek Road Reconstruction Project was designed by City Staff. On March 22, 2011, City Council approved awarding the Grape Creek Road project with the roller compacted concrete pavement option. The extension of Schroeder Avenue in Change Order #1 was approved by City Council on August 2, 2011. The Schroeder Avenue extension adjacent to Producers Park has been completed. Change Order #2 involving culvert modifications and a concrete cap overlying a waterline reduced the contract price by $28,294.13.

Financial Impact: $155,489.15 funded from budgeted City of San Angelo Development Corporation ½ cent sales tax project dollars.

Related Vision Item: Transportation Vision – Improve maintenance of streets, alleys, etc. and develop sidewalks and bicycle facilities in conjunction with roadway construction.


Staff recommends authorization of City Manager to execute Change Order #3 to the 50th Street Construction & Grape Creek Road Reconstruction Project (ES-1-11) in the amount of $155,489.15 to Reece Albert, Inc. for changing the construction of 50th Street (Travis St. To Armstrong St.) from hot mix asphalt pavement to roller compacted concrete pavement (RCC).

Attachments: ENG ES-1-11 Change Order

Presentation: None.


Shawn Lewis, Community & Economic Development, November 10, 2011

Approved by Legal: NA

City of San Angelo

Memo Meeting Date: November 15, 2011

To: City Council members

From: AJ Fawver, Planning Manager

Subject: Alley abandonment request, Fairview Addition, Block 50, a request to abandon one block of an alley extending from North Archer Street to North Bell Street.

Location: a 20’ x 330’ alley right-of-way extending from North Archer Street to

North Bell Street in Block 50 of the Fairview Addition, running parallel to and south of East Houston Harte Expressway in northeastern San Angelo.

Purpose: Abandon the alley

Contacts: Patrick L. Shannon 325-653-4274

RLA Family Enterprises, Ltd. 325-668-3236

AJ Fawver, Planning Manager 325-657-4210

CAPTION: First Public Hearing and consideration of an amendment to Ordinance #2011-09-116, previously authorized to execute abandonment of an alley in Fairview Addition, Block 50

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY SEGMENT, TO WIT: a 20’ x 330’ alley right-of-way extending from North Archer Street to North Bell Street in Block 50 of the Fairview Addition, running parallel to and south of East Houston Harte Expressway in northeastern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

Summary: The City Council may:

approve the proposed amendment to Ordinance #2011-09-116 as presented; or

deny the proposed amendment; Recommendation: Planning staff recommends approving the proposed amendment to Ordinance #2011-09-116. History and Background:

Ordinance #2011-09-116 refers to the alley abandonment in the Fairview Addition, Block 50.

The Request for Abandonment application was received August 5, 2011. Planning Commission approved the request consistent with Planning

staff’s recommendation of approval on September 19, 2011. City Council heard the first reading and approved the request consistent

with Planning Commission and Planning staff’s recommendation of approval on October 4, 2011.

City Council heard the second reading and approved the request to abandon the alley on October 18, 2011.

Legal Staff noted an inconsistency between the Ordinance and the draft Quit Claim Deed on October 27, 2011.

Proposed amendment to Ordinance #2011-09-116 is as follows:

Strike from the ordinance “Said deed shall specifically reserve an easement within the westernmost 250 feet of the subject property described above, for the maintenance, repair and replacement of a sewer main remaining therein, and said deed shall furthermore conform to all other conditions and restrictions herein set out.”

This particular section was mistakenly included in the ordinance wording though was not part of the alley abandonment request nor included as a condition of approval.

AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: a 20’ x 330’ alley right-of-way extending from North Archer Street to North Bell Street in Block 50 of the Fairview Addition, running parallel to and south of East Houston Harte Expressway in northeastern San Angelo; AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.

RE: abandonment of a public right-of-way being one block of an alley in Block 50 of the

Fairview Addition, extending from North Archer Street to North Bell Street. WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, by and through ordinance 2011-09-116, adopted October 18, 2011, deemed it advisable to abandon and convey the hereinafter described tract of land to the abutting property owners and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and WHEREAS, paragraph numbered 4 therein authorizes the Mayor of the City of San Angelo to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owners; and further provides for reservation of an easement for sewer utility, when in fact there is no sewer utility within the tract to be conveyed; and, WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner(s) without reservation of an easement for sewer utility, there being no sewer utility in the tract to be conveyed; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO: Section 1 That paragraph number 4 of Ordinance Number 2011-09-116, adopted on the

18th day of October, 2011, is hereby amended by repealing paragraph number 4 therein and restating paragraph number 4 in its entirety to read as follows:

“4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owners; and, said deed shall furthermore conform to all other conditions and restrictions herein set out.”

Section 2 That all provisions of ordinance 2011-09-116, not herein amended shall remain in full force and effect.

INTRODUCED on the day of November, 2011 and finally PASSED, APPROVED AND ADOPTED ON this the 18th day of October, 2011. CITY OF SAN ANGELO, TEXAS ATTEST: by: ______________________________ by: ______________________________

Alvin New, Mayor Alicia Ramirez, City Clerk

City of San Angelo



From: Jeff Hintz, Planner

Subject: Renaming of 50th Street extending from Grape Creek Road to

Covington Road.

Background: On September 20, 2011, Councilmember Morrison requested this item and City Engineer Clinton Bailey presented background information. There was extensive discussion regarding what the name should be, and no action was taken at that time.

On October 18, 2011, the City Council voted unanimously to direct

staff to begin the street name change procedure, to change the entirety of 50th Street to Lake View Heroes Drive.

On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on 50th Street; 55 owners in total. Staff will present a formal ordinance to make this change complete,

which will require two readings. Summary: The City Council may:

1. Approve the proposed street name change; or

2. Deny the proposed street name change and make an alternative motion; or

3. Deny the proposed street name change. Recommendation: City staff recommends approving the proposed street name change. Attachment: DRAFT Ordinance

AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH COVINGTON ROAD ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Lake View Subdivision is one of the oldest subdivisions in the City of San Angelo; and, WHEREAS, Lake View High School has celebrated its centennial and has historically shared the commitment of the San Angelo community to high student achievement and excellence; and, WHEREAS, many residents and former residents of Lake View Subdivision are graduates of Lake View High School and are Veterans of Wars; WHEREAS, the City Council of the City of San Angelo desires to recognize the contributions to our community of the residents and former residents of Lake View Subdivision and of Lake View High School; and, WHEREAS, the City Council of the City of San Angelo desires to honor our Veterans of Wars for their significant service and self-sacrifice to the United States of America and our community; and, WHEREAS, 50th Street, from its intersection with Grape Creek Road on the West to its intersection with Covington Road on the East traverses that part of the City of San Angelo known as Lake View, and renaming that segment of 50th Street from “50th Street” to “Lake View Hero’s Drive” would commemorate the Lake View Subdivision and Lake View High School, and honor our Veterans of Wars; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. That 50th Street, from its intersection with Grape Creek Road on the West to its intersection with Covington Road on the East, be re-named and is hereby named: “Lake View Heroes Drive”.

Section 2. That this ordinance shall become effective from and after the date of its adoption. INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTED on this 16th day of December, 2011. THE CITY OF SAN ANGELO Alvin New, Mayor ATTEST

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo



From: Jeff Hintz, Planner

Subject: Renaming of River Drive extending from 19th Street to Irving

Street.

Background: On December 1, 1992, the City Council adopted an ordinance

renaming street segments known as West Park and North Park Drives, to the current names of West River and North River Drives.

On October 18, 2011, Tim Vasquez of the TGC All Veterans Council requested that City Council consider renaming River Drive to Veterans Memorial Drive. Councilmember Farmer offered to sponsor the request on behalf of the group.

On November 1, 2011, Councilmember Farmer requested this item

and City Engineer Clinton Bailey presented background information. The City Council voted unanimously to direct staff to begin the street name change procedure, to change the entirety of River Drive to Veterans Memorial Drive.

On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on River Drive; 10 owners in total. Staff will present a formal ordinance to make this change complete,

which will require two readings.

Summary: The City Council may:

1. Approve the proposed street name change; or

2. Deny the proposed street name change and make an alternative motion; or

3. Deny the proposed street name change.

Recommendation: City staff recommends approving the proposed street

name change.

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH THE 19TH STREET RAMP NORTH OF 19TH STREET ON THE WEST TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, The City Council of the City of San Angelo desires to honor our Veterans of Wars for their significant service and self-sacrifice to the United States of America and our community; and, WHEREAS, throughout the world, across this great country, and within our community Americans pause on Veterans’ Day to honor our brave fighting men and women; and, WHEREAS, We recognize that all our Veterans have given something of themselves to this country – and some have given all - laying down their lives to defend the freedoms we hold so dear; and, WHEREAS, renaming “River Drive” to “Veterans Memorial Drive”, extending from its intersection with the 19th street ramp north of 19th Street to the West to its intersection with Irving Street on the East, would honor our Veterans of Wars; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1. That River Drive, extending from its intersection with the 19th Street ramp north of 19th Street on the West to its intersection with Irving Street on the East, be re-named and is hereby named: “Veterans Memorial Drive”. Section 2. That this ordinance shall become effective from and after the date of its adoption.

INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTED on this 6th day of December, 2011. THE CITY OF SAN ANGELO Alvin New, Mayor ATTEST

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo



From: Michael Dane, Director of Finance

Subject: Agenda Item for 11-15-11 Council Meeting

Contact: Michael Dane 657-4268


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:

city council november 15, 2011 agenda packet

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