city council october 4, 2011 agenda packet

City Council Agenda of 5 October 4, 2011

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

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

9:00 A.M. - Tuesday, October 4, 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 6:30 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamations

“National Domestic Violence Awareness Month”, Month of October 2011, to be accepted by Santa Tobias, Legal Advocate & Outreach Coordinator for the New Bridge Family Shelter

“Fire Prevention Week”, Week of October 9, 2011, to be accepted by Thomas Truett, Arson Investigator for the City of San Angelo

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 September 20, 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. VM-07-11: Backhoe Loader, Yellowhouse (San Angelo, TX), $66,250.00 b. VM-09-11: Light Duty Vehicles, Jim Bass Ford (San Angelo, TX) and Caldwell Country

Chevrolet (Caldwell, TX), $200,000.00 c. VM-11-11: Mowing Equipment, Cisco Equipment (San Angelo, TX), $57,051.00 d. VM-17-11: Street Sweeper, Tymco, Inc. (Waco, TX) via HGAC, $195,170.00 e. WU-13-11: Utility Trench Repair, CM Construction (Mertzon, TX), $1,029,878.18


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

a. 201 W 26th Street, (Saldivar), Lot 7 & E 10’ of 8, Block 1, Ruby Douglas Addition, $9,000, Suit No. D-08-0031-T

b. 1634 Beacon Street, (Mejia), Lots 1 & 2, Block 15, Avondale Addition, $2,327, Suit No. B-06-0032-T

4. Consideration of authorizing the City Manager to execute the 2012 New Freedom Grant Contract with the Texas Department of Transportation and receive said funds for pedestrian improvements along North Chadbourne Street from 7th Street to 12th Street, the grant amount being $275,108.00 with an in-kind match of $68,777.00 to be provided in the form of Engineering and Design Services by the Engineering Division

5. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board for the allocation of $7,500.00 from the South TIRZ fund as a grant toward façade improvements for the proposed Business Resource Center to be located at 69 North Chadbourne Street (the former Coca Cola building)

6. Consideration of authorizing the City Manager to execute an Interlocal Agreement renewal between the City of San Angelo and Concho Valley Council of Governments for 9-1-1 Service in Tom Green County

7. Second hearing and consideration of adoption of an Ordinance authorizing the abandonment of public right-of-way around City Hall in downtown San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

8. Second hearing and consideration of adoption of an Ordinance amending Fire Department Staffing Positions

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES


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

G. PUBLIC HEARING AND COMMENT

9. Consideration of granting a request for temporary placement of a manufactured home, not to exceed two years, during construction of a permanent home on the same 1.61-acre site at 3612 Lake Drive in northern San Angelo

(Presentation by Planning Manager AJ Fawver)

10. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 11-18: Michael Pittman

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo, changing the zoning classification from Single Family Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


11. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 11-12: Mike Carter

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4003 N. Chadbourne Street, located west of the intersection of East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey, changing the zoning classification from CG/CH (General Commercial/Heavy Commercial) and R&E (Ranch & Estate) to CG (General Commercial); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


12. First Public Hearing and consideration of introduction of an Ordinance authorizing 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


13. Consideration of awarding bid WU-12-11 for the Hickory Water Supply 30” Transmission Main Project to Oscar Renda Contracting not to exceed an amount of $39,000,000.00, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any related documents

(Presentation by Water Utilities Director Will Wilde)

14. Consideration of authorizing the sale of 1961 Beaty Road (David L. Hirschfeld, and his successors, as Trustee of the Trust) for the appraised value of $174,650.00 and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject property, subject to completion of all curative requirements

(Presentation by Water Utilities Director Will Wilde)

15. Discussion and possible action regarding employee alternate work schedule

(Presentation by Human Resources Director Lisa Marley)

16. Discussion and possible action to designate a marker name, to wit: Hughes Point, at Lake Nasworthy at the end of Camper Road

(Requested by Councilmember Farmer and presentation by City Manager Harold Dominguez)

17. Discussion and consideration to rename 50th Street and any action in connection thereto

(Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey)

18. Discussion and consideration of preparedness, response, and mitigation responsibilities of the City of San Angelo to reduce the potential for loss of life, property, and damage to the environment due to wildfires in the City of San Angelo, Tom Green and neighboring counties; and to create a wildfire interface task force to partner and establish working relationships with private citizens and local, state, and federal agencies to suppress the potential for large damaging wildfires

a. Consideration of authorizing the City Manager in his discretion to enlist, assemble and dispatch equipment, manpower, and fire suppression resources to suppress wildfires that pose an imminent threat of catastrophic loss of life, property and damage to the environment in the City

b. Consideration of awarding RFP VM-05-11 for Equipment Financing to California First National Bank, authorizing staff to negotiate a Master Equipment Lease/Purchase Agreement, and authorizing the City Manager to execute said agreement and any necessary related documents

c. Consideration of authorizing staff to negotiate lease agreements for the following equipment in accordance with City of San Angelo Purchasing Policy and Procedures

(1) VM-14-11: 5 Pickups via HGAC&Buyboard/Philpott Motors (Nederland, TX), $175,487.37 (2) VM-15-11: Heavy Construction Equipment via Buyboard/Warren Caterpillar (San Angelo,

TX), $734,600.00 (3) VM-18-11: Haul Trailer via Buyboard/Kirby Smith Machinery (Abilene, TX), $72,943.35 (4) VM-19-11: Type III Brush Truck, via HGAC/Hall Buick Pontiac GMC (Tyler, TX),

$285,387.00

(Requested by Councilmembers Hirschfeld and Farmer)

Addendum

Addendum


19. Discussion and possible action regarding the consolidation of City of San Angelo Public Safety Communications Center (dispatch) and Tom Green County Dispatch, and authorizing the Chief of Police to negotiate an interlocal agreement and transition plan, including any associated matters involving such consolidation

(Presentation by Police Chief Tim Vasquez)

20. Consideration of adopting a Resolution nominating candidates for Board of Directors of Tom Green County Appraisal District

(Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

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

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

a. Civic Events Board: Jennifer Odom (SMD4) to a 2nd full term October 2014

23. Consideration of Future Agenda Items

24. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, September 28, 2011, at 7:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

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

WHEREAS, the crime of domestic violence violates an individual’s privacy and

dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly; and

WHEREAS, the problems of domestic violence are not confined to any group or

groups of people, but cut across all economic, racial and societal barriers, and are supported by societal indifferences; and

WHEREAS, the impact of domestic violence is wide ranging, directly effecting

individuals and society as a whole, here in this community, throughout the United States and the world; and

WHEREAS, it is battered women themselves who have been in the forefront of

efforts to bring peace and equality to the home. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of October 2011, as “NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH” and urge all citizens to actively participate in the scheduled activities and programs to work toward improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 4th day of October, 2011.

THE CITY OF SAN ANGELO ___________________________

ALVIN NEW, MAYOR

P R O C L A M A T I O N WHEREAS, Fire is a serious public safety concern both locally and nationally, and

homes are the locations where people are at the greatest risk from fire; and

WHEREAS, Fire departments in the United States responded to nearly 400,000

home fires in a single year; and WHEREAS, San Angelo residents are responsive to public education measures

and are able to take personal steps to increase their safety from fire, especially in their homes; and

WHEREAS, The fire service of San Angelo is dedicated to the safety of life and

property from the devastating effects of fire, and they are joined by other emergency service providers, businesses, safety advocates, schools, and service clubs,

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of October 9-15, 2011 as FIRE PREVENTION WEEK and call upon the people of San Angelo to participate in fire prevention activities at home, work, and school, and practice home fire safety especially this week which commemorates the great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, and destroyed 17,400 buildings.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 4th day of October, 2011.

THE CITY OF SAN ANGELO

_________________________________

ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 33 Tuesday, September 20, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:04 A.M., Tuesday, September 20, 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 Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led by Hayden, 2nd Grader, and Hallee, 5th Grader, Carlson of Angelo Catholic School.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE SEPTEMBER 6, 2011 CITY COUNCIL REGULAR MEETING MINUTES AWARD OF BID REC-02-11 FOR FOOD PRODUCTS FOR SENIOR SERVICES NUTRITION PROGRAM TO BEN E. KEITH (ABILENE, TX) IN THE AMOUNT OF $83,833.57 AS THE PRIMARY VENDOR AND TO PERFORMANCE FOOD SERVICE AS THE SECONDARY (TEMPLE, TX) IN THE AMOUNT OF $85,915.49; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS ADOPTION OF A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2011 JUSTICE ASSISTANCE GRANT IN THE SUM OF THIRTY-THREE THOUSAND SIX HUNDRED TWENTY-NINE AND NO/100 DOLLARS ($33,629.00), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (ANNEX A, PAGE 43, RESOLUTION #2011-09-099R)

RATIFICATION OF A RESOLUTION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITY NEEDS OF THE STATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THE INFRASTRUCTURE REQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COST EFFECTIVE PROGRAMS TO ASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATED PROJECTS, THE EFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXAS WATER DEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXAS CONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS

Minutes Vol. 103 September 20, 2011 SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX B, PAGE 45, ORDINANCE #2011-09-100)

PD 11-01; Z 11-11: ATMOS Energy AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1730 North Main Street, an approximately 2.6 acre tract of property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north, North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for a combination of office, aggregate and materials storage, accessory parking, and contractor usage; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX C, PAGE 47, ORDINANCE #2011-09-101)

Pd 11-02; Z 11-13: City of San Angelo AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoning classification from Single Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX D, PAGE 49, ORDINANCE #2011-09-102) Z 11-14: City of San Angelo Planning Commission AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: Area generally bounded by North Oakes Street on the west, East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the west, and West 1st Street on the south, changing the zoning classification from Multi-Family Residence and General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes Page 35 September 20, 2011 Vol. 103

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E, PAGE 51, ORDINANCE #2011-09-103) Z 11-16: First National Bank AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from the intersection of Ward Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoning classification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Motion, to approve the Consent Agenda, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PRESENTATION OF DOWNTOWN SAN ANGELO 2ND QUARTERLY REPORT DSA Executive Director Genora Young and DSA Board President Brenda Gunter presented background information. A copy of the presentation is part of the permanent supplemental minute record. Ms. Young distributed a revised financial report. General discussion was held on the commercial rent and lease rates noting the rates have slightly increased to coincide with the increased purchase and leasing of various buildings in the downtown area; open container provision and related issues. Ms. Young suggested developing a consensus between all the business owners and to present their recommendation to the Council. Council also suggested staff meet with the business owners to educate the owners to better understand the legality of the ordinance in relation to the Texas Alcoholic Beverage Commission provisions. DISCUSSION AND AUTHORIZATION TO RENAME 50TH STREET AND ANY ACTION IN CONNECTION THERETO Councilmember Morrison requested the item and City Engineer Clinton Bailey presented background information. A copy of the presentation is part of the permanent supplemental minute record. Mr. Bailey informed there is an application process, a public notice requirement to all the residences along the street, Planning Commission review and approval, a cost associated with the replacement of the signage, and he commented on the impact of the name change to the surrounding residences. Discussion was held on the name of the street, the negative impact of changing the name, and centralizing the name recognition as opposed to a specific region of the city. Motion, to move forward with renaming 50th Street or find a location to name a street in recognition of the veterans within the City, was made by Councilmember Farmer and seconded Councilmember Alexander. Due to the nature of the motion and the relation to item as posted, Ms. Farmer rescind her motion. Motion, to direct staff to move forward with renaming 50th Street and providing discretion on the name, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. AYE: New, Alexander, Morrison, Silvas, Adams, and Hirschfeld. NAY: Farmer. Motion carried 6-1.

Minutes Vol. 103 September 20, 2011 RECESS

At 10:06 A.M., Mayor New called a recess.

RECONVENE

At 10:15 A.M., Council reconvened, and the following business was transacted:

APPROVAL OF A RECOMMEND CHANGE TO THE COMMUNITY & HOUSING SUPPORT HOUSING GUIDELINES FOR CDBG AND HOME HOUSING PROGRAMS

Neighborhood and Family Services Director Bob Salas presented background information. A copy of the presentation is part of the permanent supplemental minute record.

Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Discussion was held on selection criteria for the general contractors and that such provisions should be addressed in the contract or other options to satisfy the needs of the project. Councilmember Hirschfeld withdrew his motion and Councilmember Adams his second. Motion, to add recapture language to protect the city in foreclosure cases, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously. AUTHORIZATION TO ALLOW PLACEMENT OF A FREESTANDING SIGN WITHIN PUBLIC RIGHT-OF-WAY AT 37 EAST HARRIS AVENUE (FIRST BAPTIST CHURCH), INCLUDING CONDITIONS AND AN INDEMNIFICATION CLAUSE TO THE PERMIT, AS ADDRESSED IN CHAPTER 12 SECTION 12.617.1.E OF THE CITY OF SAN ANGELO’S CODE OF ORDINANCES, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID PERMIT Community and Economic Development Director Shawn Lewis presented background information. A copy of the presentation is part of the permanent supplemental minute record. Discussion was held on the legality of placing the sign within the right-of-way, granting the permit to install such signage, and the indemnification of the City’s responsibility via a contractual relationship, in this case the permit.

Motion, to add a condition to the permit with the understanding that said permit shall provide for complete indemnification of the City and ensure the sign does not approach beyond the planter area, and to authorize the City Manager to execute said agreement, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison.

Public comment was made by Proponent Basil Jordan.

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

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY AROUND CITY HALL IN DOWNTOWN SAN ANGELO, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of

Minutes Page 37 September 20, 2011 Vol. 103 Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS Community and Economic Development Director Shawn Lewis presented background information. A copy of the presentation is part of the permanent supplemental minute record. Discussion was held on the increased parking spaces due to the proposed changes. Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously. AUTHORIZATION OF A REQUEST TO ALLOW AN ATTACHED SIGN LARGER THAN THE MAXIMUM 16 SQUARE FEET AS ALLOWED IN SECTION 12.604(B)(2)(C)(IV) OF SAN ANGELO’S SIGN ORDINANCE, TO PERMIT AN APPROXIMATELY 18 SQUARE FOOT ATTACHED SIGN TO BE LOCATED AT 221 SOUTH CHADBOURNE STREET Community and Economic Development Director Shawn Lewis presented background information. A copy of the presentation is part of the Permanent Supplemental Minute Record. Motion, to authorize, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXES FOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR: (ANNEX F, PAGE 53, ORDINANCE #2011-09-104) AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS, FOR THE 2011-2012 BUDGET YEAR Finance Director Michael Dane presented background information. Motion, to adopt the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING FIRE DEPARTMENT STAFFING POSITIONS AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES Fire Chief Brian Dunn presented background information. Motion, to introduce the Ordinance, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Minutes Vol. 103 September 20, 2011 DISCUSSION OF STORMWATER QUALITY DATA COLLECTED DURING AUGUST 13, 2011 STORM EVENT Upper Colorado River Authority Hydrologist Chuck Brown and City Engineer Clinton Bailey presented background information. A copy of the presentation is part of the Permanent Supplemental Minute Record. Discussion was held on the monitoring locations throughout the City and collection measurements in relation to effectiveness of the stormwater quality program. Public comment was made by Citizen Jim Ryan.

RECESS

At 11:57 A.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:29 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; Section 551.071 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; and Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

OPEN SESSION (continued)

At 1:48 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:48 P.M., Mayor New called a recess.

RECONVENE

At 1:54 P.M., Council reconvened, and the following business was transacted:

DIRECTION TO STAFF TO MAKE THE RECOMMENDED CHANGES ON THE WATER CONSERVATION/DROUGHT CONTINGENCY PLAN OPTIONS

Water Utilities Director Will Wilde presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record.

Extensive discussion was held and the following changes were recommended:

General Provisions - Watering Frequency: Frequency based on “days landscape is watered” rather than “area being watered”

Landscape watering allowance: Drought Level (DL)

Water Conservation DL I DL II DL III

Lawns, Shrubs & Trees Twice a week 2 times every 7 days Once every 2 weeks Not allowed

Greens Daily Daily Daily Not allowed

Tees Twice a week Twice a week Once a week Not allowed

Athletic Fields Twice a week Twice a week Once a week Not allowed

Minutes Page 39 September 20, 2011 Vol. 103

Newly Planted Grass Daily for 28 days Daily for 28 days No Exemption Not allowed

Newly Planted Trees or Shrubs

Daily for 28 days Daily for 28 days No Exemption Not allowed

Surcharge Table: Residential

Surcharge Rate Water Conservation DL I DL II DL III $1.50 40,000 $2.50 50,000 $5.00 60,000 $2.00 25,000 $3.50 35,000 $6.00 45,000 $3.50 10,000 $5.00 15,000 $8.00 20,000 $6.00 10,000

Commercial Charges: Schools, colleges, parks, cemeteries, golf courses and athletic fields are exempt from surcharges under Water Conservation and Drought Level I; but not Drought Level II General discussion was held on providing a financial analysis determining the impact of the changes to the budget and water line items, providing a provision within the ordinance for large entities to submit their watering plans; and adding a penalty clause for anyone that violates the “trigger point” for the highest surcharge level. Public comment was made by Citizen David Lewis.

RECESS

At 3:01 P.M., Mayor New called a recess.

RECONVENE

At 3:11 P.M., Council reconvened, and the following business was transacted: APPROVAL TO CONSOLIDATE THE PARK COMMISSION AND RECREATION BOARD; THE HISTORIC PRESERVATION (HP) AND RIVER CORRIDOR COMMISSION (RCC); AND TO ESTABLISH THE NEWLY CREATED HP/RCC BOARD AS A SUBCOMMITTEE OF THE PLANNING COMMISSION PARKS & RECREATION City Manager Harold Dominguez and Parks and Recreation Director Carl White presented background information. Mr. Dominguez explained an ordinance authorizing the consolidations will be required. Motion, to authorize consolidation the Park Commission & Recreation boards, as presented, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.

COMMUNITY & ECONOMIC DEVELOPMENT City Manager Harold Dominguez and Community and Economic Development Director Shawn Lewis presented background information.

Minutes Vol. 103 September 20, 2011 General discussion was held on the oversight of the Downtown Development Commission boundaries and further consolidating the Historic Preservation and River Corridor boards with Planning Commission. Motion, to consolidate River Corridor and Historic Preservation Commissions into one board and further authorize the newly created board as a subcommittee of Planning Commission, was made by Councilmember Hirschfeld and Councilmember Farmer. Motion carried unanimously. TABLING OF THE ADOPTION A RESOLUTION DESIGNATING POLLING PLACES WITHIN THE ELECTION PRECINCTS WITHIN THE CITY OF SAN ANGELO, TEXAS FOR ELECTIONS ORDERED; PROVIDING FOR PRE-CLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

City Clerk Alicia Ramirez presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record.

Public comments were made by citizens Jim Ryan and Jim Turner.

Discussion was held on the term lengths and other options available. Council determined consideration should be given to the two year unstaggered term option.

Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Morrison. Motion carried unanimously.

Mayor suggested staff present information regarding unstaggered terms at a future meeting.

POSTPONEMENT ON THE DISCUSSION AND POSSIBLE ACTION REGARDING EMPLOYEE ALTERNATE WORK SCHEDULE

Mayor New suggested postponing the item. Council concurred.

PRESENTATION AND DISCUSSION ON THE FORMAT OF THE WATER UTILITY STATEMENT AND ANY ACTION IN CONNECTION THERETO

Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Record.

General discussion was held on the options presented and by consensus, Council agreed Option #2 to be the better of the two options. Council also suggested staff include the water/sewer capital improvement contribution rates and, for those customers that reach the “trigger points”, the overage surcharge data information.

Councilmember Farmer suggested Water Utility staff should be prepared to explain and educate the customers on the details of the statement.

Public comments were made by Citizens Jim Ryan and David Lewis.

POSTPONEMENT OF DESIGNATING A MARKER NAME, TO WIT: HUGHES POINT, AT LAKE NASWORTHY AT THE END OF CAMPER ROAD


POSTPONEMENT OF DISCUSSION AND CONSIDERATION OF OFFERING FINANCIAL, TECHNICAL, AND RELATED (PERSONNEL, AND EQUIPMENT) ASSISTANCE TO RURAL FIRE DEPARTMENTS


DISCUSSION OF COUNCIL POLICY AND PROCEDURE FOR MEETINGS

Councilmember Morrison requested the item and commented on conducting City Council meetings in the evening.

Minutes Page 41 September 20, 2011 Vol. 103 Public comments were made by Citizens Barbara Pratt, Jim Ryan, and Jim Turner.

General discussion was held on selecting a date for an evening meeting, what constitutes and who determines a “hot button” item, considering items affecting the entire city at the evening meetings, and holding town hall/special meetings. In conclusion, Council suggested further consideration will be made should City Council members receive additional requests by their constituents. City Manager Harold Dominguez stated at the request of the City Council member or the public, that he and staff will schedule public meetings separate and apart from the City Council meetings. He commented on the Charter requirement to hold such meetings for the Capital Improvement Plan.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed October 4, 2011 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

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

The meeting adjourned at 5:32 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-F 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.)

Minutes Vol. 103 September 20, 2011

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo

Date: September 21, 2011

To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of awarding bid VM-07-11 for one Backhoe-Loader, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested bids for one backhoe-loader for the Water Reclamation Department. Solicitations were sent to and received from Cisco Equipment – San Angelo, TX, ASCO Equipment – San Angelo, TX, Warren Caterpillar – San Angelo, TX, and Yellowhouse Equipment – San Angelo, TX. History: Bids were requested for replacing current equipment that are past its useful operational life. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1) year from the date of award. Vendor selection is based on the financial impact; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of one (1) unit for $66,250.00 from Yellowhouse Equipment. The budget account for this transaction will be 270-5400-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Yellowhouse Equipment. Attachments: Bid Tabulation VM-07-11 Reviewed by: Ricky Dickson, Director – Operations

Bids\Agenda Background\Background Memo VM-07-11 - Backhoe-Loader.doc X:\PF Documents\Bid Documents\2012 Equipment

Y:\11-RFX\Vehicle Maintenance\VM-07-11 Backhoe Loader\VM-07-11 BID TAB/Bid Tab

Item Description QTY

Unit PriceExtended

Price Unit PriceExtended



Price

1 New and Unused Backhoe-Loader 1 No Bid No Bid 64,940.00$ 64,940.00$ 66,250.00$ 66,250.00$ 61,994.00$ 61,994.00$ 2 AM/FM Radio 1 -$ 395.00$ 395.00$ included 135.00$ 135.00$ 3 Auxiliary Hydraulics 1 -$ 2,950.00$ 2,950.00$ included 1,925.00$ 1,925.00$ 4 Extended Warranty 1 -$ 3,567.00$ 3,567.00$ included see attached

5 Parts, Service, and Operator Manuals 1 -$ no charge included 1,475.00$ 1,475.00$

No Bid 71,852.00$ 66,250.00$ 65,529.00$

NO BID- Did not submit

bid sheet with package.

Yellowhouse Machinery ASCO

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM-07-11/Backhoe-Loader * September 14, 2011

Total Bid

WarrenCat Cisco Equipment

C:\Documents and Settings\alicia.ramirez\Local Settings\Temporary Internet Files\Content.Outlook\25DHVA3Y\Background Memo VM-09-11 - Light Duty Vehicles.doc

Memo


To: Councilmembers From: Patrick Frerich, Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of awarding bid VM-09-11- Light Duty Vehicles, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for Light Duty Vehicles from Jim Bass Ford – San Angelo, TX, Philpott Motors – Nederland, TX, All American Autoplex – San Angelo, TX, All American Chevrolet – San Angelo, TX, Baby Jack II Automotive – Caldwell, TX, Dallas Dodge – Austin, TX, Sam Pack’s Five Star Ford – Carrolton, TX, Allen Samuels Chrysler Dodge Jeep – Waco, TX, Hall Buick Pontiac GMC – Tyler, TX, Mac Haik Ford – Georgetown, TX, Mitchell Toyota Kia – San Angelo, TX, and Reliable Chevrolet – Richardson, TX. Bids were received from Jim Bass Ford and Caldwell Country Chevrolet Ford. History: Bids were requested for ¼ ton through 1.5 ton pickups and SUVs for the purpose of replacing current units that are past their useful operational life and expansion of fleet. Formal bids are requested from vendors listed on the Purchasing Master Data Base, and are advertised in local media for the purpose of acquiring light duty vehicles for a one year term of the bid. A vendor and their submitted pricing is approved and used as the basis for ordering vehicles throughout the term year. Awards are given 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 to both Jim Bass Ford and Caldwell Country Chevrolet Ford as indicated on the bid tab for the acquisition of light duty vehicles. Purchases will encompass approximately $200,000 from various capital accounts within the General Fund, Water Fund, Storm Water Fund, and Airport Fund. This bid will be used for this purchase and the prices submitted will be used for all subsequent purchases. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid and subsequent light duty vehicle purchases to Jim Bass Ford (San Angelo, TX) and Caldwell Country Chevrolet Ford (Caldwell, TX) as assigned on Bid Tabulation VM-09-11. Attachments: Bid Tabulation VM-09-11 Reviewed by: Ricky Dickson, Director – Operations

City of San Angelo

3/4 b 1 26 712 00$ 90 1 26 346 00$ 60

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐09‐11/Light Duty Vehicles * September 8, 2011

Vendor Caldwell Country Chevrolet Ford Jim Bass Ford

Est Qty Total Bid Delivery Days Est Qty Total Bid Delivery Days1/4 Ton Regular Cab 1 21,740.00$ 90 NO BID

Make and Model Quoted 2012 Chevrolet Colorado

1/4 Ton Extended Cab 1 21,699.00$ 90 NO BID

Make and Model Quoted 2012 Chevrolet Colorado

1/2 Ton Regular Cab 1 22,818.00$ 90 1 24,965.00$ 60

Make and Model Quoted 2012 Chevrolet Silverado 1500 2012 Ford F150

1/2 Ton Extended Cab 1 24,991.00$ 90 1 27,277.00$


1/2 Ton Crew Cab 1 28,030.00$ 90 1 30,469.00$ 60


3/4 Ton Regular Cab 1 25,089.00$ 90 1 24,408.00$ 60

Make and Model Quoted 2012 Chevrolet 2500HD 2012 Ford F250

3/4 Ton Extended Cab Ton Extended Ca 1 26 712 00$ , . 90 1 26 346 00$ , . 60


3/4 Ton Crew Cab 1 27,634.00$ 90 1 27,620.00$ 60


1 Ton DRW Regular Cab 1 26,931.00$ 90 1 26,651.00$ 60

Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW

1 Ton DRW Extended Cab 1 28,482.00$ 90 1 28,635.00$ 60

Make and Model Quoted 2012 Chevrolet 3500HD F350 Chassis DRW

1 Ton DRW Crew Cab 1 30,208.00$ 90 1 29,620.00$ 60

Make and Model Quoted 2012 Chevrolet 3500HD 2012 F350 Chassis DRW

1.5 Ton DRW Regular Cab 1 47,325.00$ 90‐120 1 32,978.00$ 60

Make and Model Quoted 2012 Ford F450 2012 F450 Chassis DRW

1.5 Ton DRW Extended Cab 1 49,793.00$ 90‐120 1 34,949.00$ 60

Make and Model Quoted 2012 Ford F450 Supercab X4 2012 F450 Chassis DRW

Philpott LTD d and TX

1.5 Ton DRW Crew Cab 1 50,920.00$ 90‐120 1 36,274.00$ 60

Make and Model Quoted 2012 Ford F450 Crew 2012 F450 Chassis DRW

1/4 Ton Utility Vehicle 1 20,732.00$ 90 1 19,586.00$ 60

Make and Model Quoted 2012 Ford Escape XLS 2012 Ford Escape


Make and Model Quoted 2012 Ford Explorer XL K7B 2012 Ford Explorer


Make and Model Quoted 2012 Chevrolet 2500 Suburban 2012 Ford Expedition

1 Ton Passenger Van 1 24,212.00$ 90‐120 1 24,902.00$ 60

Make and Model Quoted 2012 Chevrolet 3500 Express Pass Van 2012 Ford E350 Wagon

Requests for Bids Mailed To:

All American Autoplex San Angelo TX

All American Chevrolet San Angelo TX

Allen Samuels Chrysler/Dodge/Jee Waco TX

Baby Jack II Automotive LTD Caldwell TX

Dallas Dodge Austin TX

Hall Buick, Pontiac, GMC Tyler TX

Jim Bass Ford San Angelo TX

Mac Haik Ford Georgetown TX

Mitchell Toyota Kia San Angelo TX

Philpott Motors LTD Motors NederlandNe erl TX

Reliable Chevrolet Richardson TX

Sam Pack's Five Star Ford Carrolton TX

C I T Y O F S A N A N G E L OBID TABULATION * RFB NO: VM‐11‐11/Mowing Equipment * September 16, 2011

Cisco Equipment Porter Henderson Austin Turf

ItemDescription Q

TY

Unit Price Extended Price Unit PriceExtended Price Unit Price

Extended Price

1 New and Unused Tractor 1 42,314.00$ 42,314.00$ No Bid No Bid2 New and Unused Batwing Rotary Cutter 1 14,737.00$ 14,737.00$ No Bid No Bid

3 New and Unused 3‐Point Rotary Cutter 1 5,938.00$ 5,938.00$ No Bid No Bid

Total Bid 62,989.00$ ‐$ ‐$

Bids Requested From:Cisco Equipment San Angelo, TXPorter Henderson San Angelo, TXAustin Turf and Tractor Marble Falls, TX

City of San Angelo

Memo



Consideration of awarding bid VM-11-11 for Mowing Equipment, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for mowing equipment including tractors, 6’ shredders, and 15’ batwing shredders from Cisco Equipment – San Angelo, TX, Austin Turf and Tractor – Marble Falls, TX, and Porter Henderson Implement Co. – San Angelo, TX. Requests for Bid were also advertised in local media. Bids were received from Cisco Equipment. 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 Cisco Equipment. The purchase will consist of one (1) tractor and one (1) batwing rotary cutter, for a total amount expensed of $57,051.00. The budget account for this transaction will be 260-4400-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid in its entirety to Cisco Equipment. Attachments: Bid Tabulation VM-11-11 Reviewed by: Will Wilde, Director – Water

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-11-11 - Mowing Equipment.doc

C I T Y O F S A N A N G E L OBID TABULATION * RFB NO: VM‐11‐11/Mowing Equipment * September 16, 2011

Cisco Equipment Porter Henderson Austin Turf

ItemDescription Q

TY

Unit Price Extended Price Unit PriceExtended Price Unit Price

Extended Price

1 New and Unused Tractor 1 42,314.00$ 42,314.00$ No Bid No Bid2 New and Unused Batwing Rotary Cutter 1 14,737.00$ 14,737.00$ No Bid No Bid

3 New and Unused 3‐Point Rotary Cutter 1 5,938.00$ 5,938.00$ No Bid No Bid

Total Bid 62,989.00$ ‐$ ‐$

Bids Requested From:Cisco Equipment San Angelo, TXPorter Henderson San Angelo, TXAustin Turf and Tractor Marble Falls, TX

City of San Angelo

Memo



Consideration of awarding HGAC quote VM-17-11 for Street Sweepers, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested quotes for one Regenerative Air Street Sweeper for the Storm Water Department. Tymco, Inc. responded through the State approved purchasing co-op HGAC. History: Quotes were requested for an additional unit to help meet the requirement of the Federal Storm Water Mandates implemented in 2008. If awarded, the bid may be used for this and subsequent purchases for a period of 1 year from the date of award. Vendor selection is based on the financial impact of the quote; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The City recommends awarding the quote to Tymco for the acquisition of one street sweeper for a total amount expensed of $195,170.00 through the Houston-Galveston purchasing co-op. The budget account for this transaction will be 240-5800-800-0741. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Tymco. Attachments: None Reviewed by: Ricky Dickson, Director – Operations

Bids\Agenda Background\Background Memo VM-17-11 - Street Sweepers.doc X:\PF Documents\Bid Documents\2012 Equipment

Vendor Total Bid Bid BondCM Construction 1,029,878.18$ YDarnell & Dickson 1,128,329.58$ YHousley Communications 1,107,693.53$ Y

Requests for Bid were mailed to:4 K Construction San Angelo TX

Angelo Underground Utilities & Construction San Angelo TX

CAS Construction Co. Wimberly TX

CM Construction Mertzon TX

Crushed Stone & Ashalt or CSA San Angelo TX

Darnell & Dickson San Angelo TX

Goode Construction San Angelo TX

Housley Communication Inc San Angelo TX

J & N Utilities Abilene TX

James Walters Carlsbad TX

JENCO San Angelo TX

Jeranimo Landeros Buffalo Gap TX

Joe Moore Pipeline Abilene TX

Price Construction Big Spring TX

Reece Albert San Angelo TX

Roberts Construction San Angelo TX

S.W. Sdidel Construction Christoval TX

Sanborn Asphalt Specialities San Angelo TX

Seidel Inc San Angelo TX

SR Baxter Construction, LLC Wall TX

Statewide Construction San Angelo TX

Texas Water & Soil San Angelo TX

Mr. Daniel Cardenas San Angelo TX

TC Trucking and Construction San Angelo TX

C I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: WU‐13‐11/ 2011 Trench Repair* September 22, 2011

CONTRACT FOR 2011 UTILITY TRENCH REPAIR

This Contract is entered into this ___ day of ____________, 2011 in Tom Green County,

Texas by and between Jerry M. Peters and Carlos Macias D/B/A CM CONSTRUCTION CO.,

hereinafter called “Contractor”, and the CITY OF SAN ANGELO, Texas, a Texas home-rule

municipal corporation, hereinafter called “City”. The parties agree as follows:

RECITALS

A. The City of San Angelo Water Utilities Department is responsible for carrying out

the City of San Angelo’s regular utility line repair and replacement program at various locations

throughout the city.

B. City has issued a Request for Bid for Water Utilities Trench Repair 2011 No.

WU-13-11 (“RFB No. WU-13-11”) to perform repair of asphalt cuts resulting from work on

water and wastewater systems (“Work”); and Contractor’s bid, in response thereto, has been

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

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

________________, 2011, and authorized the City Manager to negotiate and execute a contract,

under the terms and conditions set forth herein.

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

contained, City and Contractor agree as follows:

2

1. STATEMENT OF WORK

A. Description of Work. Contractor shall furnish all of the material, supplies, tools,

equipment, labor and other services necessary for the construction and completion of the

Work described herein and complete all the Work as specified or indicated in the

Contract Documents incorporated herein by reference in Section 3 of this Contract.

Contractor shall be responsible for the following:

1) Completion of the Work described in RFB No WU-13-11 2011 Utility Trench Repair

Contract. Contractor shall furnish all material, accessories, labor, and equipment

necessary for completing the repair of utility trenches and, all other work specified in

the technical specification documents and drawings included with the Contract

Documents incorporated herein by reference in Section 3 of this Contract and in

accordance with the terms and conditions set forth herein and within those Contract

Documents;

2) The description of the work to be completed shall hereinafter be referred to as the

“Work.”

B. Time of Performance. Contractor agrees to perform the directed Work throughout the

term beginning November 1, 2011 and ending February 28, 2013 (“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 awarded 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.

C. Liquidated Damages. City and Contractor recognize that timely completion of this

project is necessary to prevent delays in street reconstruction project(s) and to minimize

3

project impact to the public and the time of performance is of the essence in this Contract

and that City will suffer financial loss if the Work is not substantially complete within the

time specified in paragraph 1.2 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 Fifty Dollars ($50.00) per delinquent permit for each calendar

day that expires after the time specified in paragraph 1.2 until the Work is substantially

complete. Therefore, Contractor shall pay as liquidated damages Fifty Dollars ($50.00)

per delinquent permit for each calendar day that expires after the time specified in

paragraph 1.2 until the Work is substantially complete.

D. Contract Price. City shall pay to Contractor for performance of the Work embraced in

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

One Million Twenty Nine Thousand Eight Hundred Seventy Eight and 18/100 Dollars

($1,029,878.18) 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.

2. PAYMENT PROCEDURES

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

Conditions as shown in RFB No. WU-13-11 and City shall process the Applications for

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

4

the final payment under this Contract shall be made as set as follows:

1) Payments. City shall make 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 All payments be based upon the

completed portions of requested Work and as further provided for in 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 amount provided for in the Contract

Documents.

3. 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:

Request for Bid for the 2011 Utility Trench Repair Contract No. WU-13-11 (“RFB No.

WU - 13 - 11”)

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

and addenda comprising said Bid Invitation number as of the time this Contract is entered

by Contractor and City.

4. CONTRACTOR’S REPRESENTATIONS

A. In order to induce City to enter into this Contract, Contractor makes the following

representations to City:

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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.

5. INDEMNIFICATION

A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY,

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

COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,

CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND

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

JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’

FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING

AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH

OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING

FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION

OR IN ANY MANNER ATTRIBUTABLE IN WHOLE OR IN PART TO ANY ACT

OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS

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AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR

AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR

PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE

PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR

ADMITTED TO BE DONE BY CONTRACTOR HEREUNDER. THIS

INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS

LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL

REQUIRE EITHER PARTY TO THIS CONTRACT TO INDEMNIFY, DEFEND, OR

HOLD HARMLESS THE OTHER FOR THE PARTY’S OWN GROSS NEGLIGENCE

OR WILLFUL MISCONDUCT.

B. ENVIRONMENTAL 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 LOCAL, STATE OR FEDERAL

ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN

CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF

CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE,

DISPOSAL, TREATMENT, RECOVERY, AND/OR RESUSE BY ANY PERSON

UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED,

TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH

ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR,

SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER

CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMINFY,

DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES

AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA

CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN

SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE

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AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER

ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR

OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS

DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION

SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE

TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY

KIND

C. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR

IN THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT

AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES

TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT

ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG

AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR

CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO

ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS

CONTRACT.

D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS

CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY

TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING

THE TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR.

E. APPLICATION TO SURROUNDING PROPERTY, THE INDEMNIFICATION

PROVISIONS OF THIS CONTRACT EXTEND TO CLAIMS AND ASSESSMENTS

RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY

OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS,

TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND

SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR,

DURING THE TERM OF THIS CONTRACT OR PREVIOUS CONTRACTS

BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE

CONTRACTOR LIABLE FOR ANY SITE IT HAS NEVER USED, CLOSED,

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MANAGED OR MONITORED.

6. INSURANCE

A. GENERAL CONDITIONS. The following conditions shall apply to all insurance

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

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

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

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

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

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

insureds, except on Workers’ Compensation coverage.

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

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

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

consultants and employees.

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

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

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

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

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

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

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

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

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

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

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

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

106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76903.

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

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

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

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

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

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

Contractor of any contractual responsibility or obligation.

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

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

amounts specified below. Contractor shall require Subcontractors and Sub-

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

evidencing coverage for each Subcontractor and Sub-subcontractor.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall obtain

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

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

below:

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

protect the Contractor and additional insureds against all claims arising from bodily

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

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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)

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

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

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

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

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

$1,000,000.00 Combined Single Limit

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

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

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

shall not be less than:

Statutory Amount Workers’ Compensation

$ 500,000.00 Employer’s Liability, Each Accident

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

$ 500,000.00 Employer’s Liability, Disease - Policy Limit

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

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

administering the workers compensation program in Texas and furnishes evidence of

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

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

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

as required herein.

7. GENERAL PROVISIONS

A. Independent Contractor. Nothing contained in this Contract is intended to, or shall be

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

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

independent contractor with respect to the services to be performed under this Contract.

The City shall be exempt from payment of all unemployment compensation, FICA,

retirement, life and/or medical insurance and workers’ compensation insurance on

Contractor’s employees.

B. Default: Contractor fails to comply with any term or condition of this Contract, or fails

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

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

law, may immediately upon written notice to Contractor, terminate this Contract

whereupon all payments, advances, or other compensation paid by the City to Contractor

while Contractor was in default shall be immediately returned to the City. Contractor

understands and agrees that termination of this Contract 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 the City for all costs and expenses incurred by the City in the

reprocurement of the Services, including consequential and incidental damages.

C. City’s Termination Rights:

1) The City shall have the right to terminate this Contract, in its sole discretion, at

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

effective date of such termination. In such event, the City shall pay to Contractor

compensation for services rendered and expenses incurred prior to the effective date of

termination. In no event shall the City be liable to Contractor for any additional

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compensation, other than that provided herein, or for any consequential or incidental

damages.

2) The City shall have the right to terminate this Contract, without notice to

Contractor, upon the occurrence of an event of default hereunder. In such event, the City

shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse to

the City all amounts received while Contractor was in default under this Contract.

D. Ownership of Documents: Contractor understands and agrees that any information,

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

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

the terms of this Contract is and shall at all times remain the property of the 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 the City in its sole discretion.

E. Award of Contract: Contractor represents and warrants to the City that he/she has not

employed or retained any person or company employed by the City to solicit or secure

this Contract and that he/she has not offered to pay, paid, or agreed to pay any person any

fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in

connection with, the award of this Contract.

F. Contingency Clause: Funding for this Contract is contingent on the availability of funds

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

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

regulations, upon thirty (30) days notice.

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G. Audit and Inspection Rights:

1) The City may, at reasonable times, and for a period of up to five (5) years following

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

be audited, those books and records of Contractor which are related to Contractor’s

performance under this Contract. Contractor agrees to maintain all such books and

records at its principal place of business for a period of five (5) years after final payment

is made under this Contract.

2) The City may, at reasonable times during the term hereof, inspect Contractor’s

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

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

conform to the terms hereof and/or the terms of RFB No. WU-13-11, if applicable.

Contractor shall make available to the City all reasonable facilities and assistance to

facilitate the performance of tests or inspections by City representatives.

H. Compliance with Federal, State and Local Laws: Contractor understands that contracts

between private entities and local governments are subject to certain laws and

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

I. Public Records: Contractor understands that the public shall have access, at all

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

agrees to allow access by the City and the public to all documents subject to disclosure

under applicable law. Contractor’s failure or refusal to comply with the provisions of this

section shall result in the immediate cancellation of this Contract by the City.

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J. Nondiscrimination. Contractor represents and warrants to the City that Contractor does

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

discrimination in connection with Contractor’s performance under this Contract on

account of race, color, sex, religion, age, handicap, marital status or national origin.

Contractor further covenants that no otherwise qualified individual shall, solely by reason

of his/her race, color, sex, religion, age, handicap, marital status or national origin, be

excluded from participation in, be denied services, or be subject to discrimination under

any provision of this Contract.

K. Amendments. The City or Contractor may amend this Contract at any time provided that

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

signed by a duly authorized representative of both organizations, and approved by the

City. Such amendments shall not invalidate this Contract, nor relieve or release the City

or Contractor from their respective obligations under this Contract.

L. Assignment. No assignment by a party hereto of any rights under, or interest in, the

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

of the party sought to be bound; and specifically, but without limitation, moneys that may

become due, and moneys that are due, may not be assigned without such prior consent

(except to the extent that this restriction may be limited by law), and unless specifically

stated to the contrary in any written consent to an assignment, no assignment will release

or discharge the assignor from any duty or responsibility under the Contract Documents.

M. Resolution of Contract Disputes: Contractor understands and agrees that all disputes

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

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

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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 the City Council. Contractor shall not be entitled to

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

decision, approved by the 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 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.

N. Notices. Communication and details concerning this Contract shall be directed to the

following representatives:

CITY CONTRACTOR

City of San Angelo CM Construction Co. Attn: Kevin Krueger Attn: Jerry M. Peters, Owner/Partner P.O. Box 1751 2555 Baylor Ave. San Angelo, Texas 76902 San Angelo, Texas 76904 Phone: (325) 657-4260 Phone: (325) 374-5087 1) Before City shall be liable to Contractor or any of its successors or assigns for any

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

of the date Contractor alleges the breach occurred. Such notice shall be in accordance

with and provide substantially the same information as required for notice of tort

claims as specified in Article 1.500 of the City of San Angelo Code of Ordinances.

O. Applicable Law. This Contract and the Contract Documents are subject to all applicable

17

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

and regulations.

P. Remedies. In the event of default by Contractor under the Contract Documents, City

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

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

disputes arising under this Contract unless City and Contractor mutually agree to such

remedy in a separate written contract. The exercise of any one right or remedy shall be

without prejudice to the enforcement of any other right or remedy allowed at law or in

equity.

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

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

prevailing on the majority of issues shall be entitled to reasonable attorneys’ fees and

costs and any necessary disbursements in addition to any other relief to which the

prevailing party is entitled.

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

Documents constitute the entire contract between the parties hereto and supersede any

prior written or oral contracts and understandings between the parties. If any provision of

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

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

the Contract Documents, then the conflict or inconsistency will be resolved first by

reference to the terms of this Contract, then to the General Conditions to this contract and

then finally to the Specifications therein, unless a federal law, regulation or restriction

would require otherwise, in which case the federal provision would control.

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S. Severability. If any provision of this Contract is held invalid or unenforceable, the

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

shall nevertheless be in full force and effect.

T. Venue. This Contract, including the Contract Documents, is governed by the laws of the

State of Texas. Venue for any suit or claim or cause of action arising out of or related to

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

U. Entire Contract: This instrument, its attachments and the contract documents constitute

the sole and only contract 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

contracts, promises, negotiations, or representations not expressly set forth in this

Contract are of no force or effect.

V. Counterparts: This Contract may be executed in two or more counterparts, each of which

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

the same contract.

[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.

. CONTRACTOR CM Construction Co. By: _____________________________ ATTEST: Jerry M. Peters, Owner/Partner Title: Secretary (SEAL) CITY City of San Angelo By: ___ Harold Dominguez, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)

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Approved as to Content: Approved as to Form: ______________________________ ______________________ Kevin Krueger Engineering Manager Lysia H. Bowling, City Attorney Approved as to Content Approved as to Insurance Requirements _______________________________ Roger Banks, Purchasing Manager John Seaton, Risk Management

City of San Angelo

Memo Date: September 30, 2011

To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Agenda Item for October 4, 2011 Council Meeting

Contact: Kevin Krueger, Water Utilities Engineering Manager, 657-4260

Caption: Consent Item

Consideration of award of contract; Water Utility Bid “WU-13-11”; 2011 Utility Trench Repair Contract

Summary: The City has received bids from three contractors for the Utility Trench Repair Contract. Low bid was submitted by CM Construction and the bid had no exceptions to the specifications.

History: The Utility Trench Repair Contract is utilized to repair cuts in city streets and alleys made by city water and wastewater service crews. The contract includes provisions for minor maintenance projects.

Financial Impact: Bid amount - $1,029,878.18 Budgeted under Water and Wastewater Operating funds.

Related Vision Item

(if applicable):

None.

Other Information/ Recommendation:

All three contractors that submitted bids are local: CM Construction, Housley Communications and Darnell & Dickson Construction. Staff recommends that the low bid from CM Construction be accepted and the City Manager be authorized to execute the contract.

Attachments: “WU-13-11” Bid Tabulation and Contract

Presentation: None.

Publication: None.

Reviewed by Director:

Will Wilde, Water Utilities Director, September 22, 2011.

Approved by Legal: 8/31/11


To: Mayor and Council Members

From: Roger Banks, Purchasing Director


Contact: Diana Farris, Property Manager, Purchasing Department, 657-4212


Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s): A. 201 W 26th Street, (Saldivar), Lot 7 & E 10’ of 8, Block 1, Ruby Douglas Addition, $9,000, Suit No. D-08-0031-T B. 1634 Beacon Street, (Mejia), Lots 1 & 2, Block 15, Avondale Addition, $2,327, Suit No. B-06-0032-T

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

The lot size, amount of offers, and what the offer will satisfy are as follows: SIZE OFFER OFFER WILL SATISFY… A. 60’ x 140’ $9,000.00 Offer satisfies all court costs and a large portion of the taxes B. 54’ x 130’ $2,327.00 Offer satisfies all court costs and a small portion of the taxes History: Listed below are the breakdowns of amounts owed: A. Taxes: $12,128.00 B. Taxes: $4,308.00 C. Taxes: $ 0.00 Sheriff Fees $ 100.00 Sheriff Fees $ 100.00 Sheriff Fees $ 0.00 District Clerk $ 504.00 District Clerk $ 178.00 District Clerk $ 0.00 Attorney Fees $ 391.00 Attorney Fees $ 245.00 Attorney Fees $ 0.00 Administration $ 350.00 Administration $ 350.00 Administration $ 0.00 Municipal Liens $ 0.00 Municipal Liens $ 404.00 Municipal Liens $ 0.00 $13,473.00 $5,585.00 $ 0.00 Financial Impact: All Properties will be reinstated back onto tax roll. Other Information/Recommendation: It has been verified by all entities that no outstanding balance exist for the Prospective Buyers. It is recommended that the above offers be accepted. Attachments: Saldivar - Resolution, Tax-Resale Deed, and Property Location Map Mejia - Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A Reviewed by Service Area Director: Michael Dane, Administration Service Director

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: Fermin and Mirna Saldivar, a married couple 21305 S. US HWY 277 Christoval, Tom Green County, Texas 76935 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 7 and the East 10 ft. of Lot 8, Block 1, Ruby Douglas Addition, City of San Angelo, Tom Green County, Texas, being more particularly described in Volume 673, Page 770, Deed Records, Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 10, 2011, in

Cause No. D-08-0031-T by the 391st 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 705025, 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

y:\council\electronic agendas\2011\10-04-11\pur-tax lots\201 w 26th street-saldivar\resolution.doc

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:

Lots 7 and East 10 ft. of Lot 8, Block 1, Ruby Douglas Addition, City of San Angelo, Tom Green County, Texas, being more particularly described in Volume 673, Page 770, 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 705025, 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 FERMIN & MIRNA SALDIVAR, a married couple, for the consideration of Nine Thousand and 00/100 Dollars ($9,000.00) 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 H. Bowling, City Attorney Roger S. Banks, Purchasing Manager

100 ft

City of San Angelo GIS Division

Copyright 1988-2011

For Illustrative Purposes Only.

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: Carlosvalentine Mejia, Sr., a single person 1324 Bryan Street San Angelo, Tom Green County, Texas 76903 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lots 1 and 2, Block 15, Avondale Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 467, Page 391, 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-06-0032-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 705027, 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

y:\council\electronic agendas\2011\10-04-11\pur-tax lots\1634 beacon street-mejia\resolution.doc

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:

Lots 1 and 2, Block 15, Avondale Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 467, 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 705027, 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 CARLOSVALENTINE MEJIA, SR, a single person, for the consideration of Two Thousand Three Hundred Twenty-Seven and 00/100 Dollars ($2,327.00) 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 H. Bowling, City Attorney Roger S. Banks, Purchasing Manager

100 ft

City of San Angelo GIS Division

Copyright 1988-2011

For Illustrative Purposes Only.

AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending Northeast from Farr Street, approximately 106’ Northeast from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the Southeast corner of the intersection of West 2nd & Farr Streets, and extending Northeast; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO 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 ABUTTING PROPERTY OWNERS

RE: abandonment of public right-of-way around City Hall in downtown San Angelo WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner(s) as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo 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), subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:

A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at

the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street, more specifically described as: BEGINNING at a point on the east line of right-of-way for Farr Street, 106 feet southeast from the intersection of the east line of right-of-way of Farr Street and the north line of right-of-way of West 2nd street; THENCE in an eastward direction a distance of 201feet; THENCE in a northward direction a distance of 20 feet; THENCE in a westward direction a distance of 201 feet to the east line of right-of-way for Farr Street; THENCE in a southward direction a distance of 20 feet along the east line of right-of-way for Farr Street to the POINT OF BEGINNING. AND, BEGINNING at a point at the intersection of the east line of right-of-way for Farr Street and the south line of right of way for West 2nd Street; THENCE in an eastward direction along the south line of right-of-way for West 2nd Street a distance of 199 feet; THENCE in a northward direction 32 feet; THENCE in a westward direction a distance of 199 feet to the east line right-of-way for Farr Street; THENCE in a southward direction, 32 feet along the east line of right-of-way for Farr Street to the POINT OF BEGINNING. AND, BEGINNING at a point at the intersection of the west line of right-of-of way for Gillis Street and the North Line of right-of-way for West 1st street;

THENCE in a westward direction 220 feet along the north line of right-of-way for West 1st Street, to the eastern point at the intersection of West 1st Street and the east line of right-of way for North Irving Street; THENCE in a northward direction along the east line of right-of-way for North Irving Street a distance of 50 feet; THENCE in a westward direction across the right-of-way of North Irving a distance of 29 feet; THENCE in a southward direction a distance of 56 feet along the west line of right-of-way for North Irving Street to its intersection with the north line of right-of-way for West 1st Street.; THENCE in a westward direction along the north line of right-of way of North Irving Street a distance of 72 feet; THENCE in a southward direction across the right-of-way of West 1st Street a distance of 125 feet; THENCE in an eastward direction 215 feet along the south line of right-of-way for West 1st Street to its intersection with the west line of right-of-way for City Hall Plaza; THENCE in a southward direction along the west line of right-of-way of City Hall Plaza a distance of 215 feet to its intersection with the north line of right-of-way for West College Avenue; THENCE in an eastward direction 32 feet across the right-of-way for City Hall Plaza; THENCE in a northward direction along the east line of right-of-way for City Hall Plaza a distance of 240 feet to its intersection with the south line of right-of-way for West 1st Street; THENCE in an eastward direction a distance of 100 feet to the intersection of West 1st Street and the west line of right-of-way for Gillis Street; THENCE in a northward direction 93 feet across right-of-way for Gillis Street to the POINT of BEGINNING.

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

3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate. 4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner(s), which deed shall reserve an open and unobstructed easement for utilities. 5. That the terms and conditions contained in this ordinance shall be binding upon Grantee(s) and assigns. INTRODUCED on the 20th day of September, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 4th day of October, 2011.

THE CITY OF SAN ANGELO By:________________________ Alvin New, Mayor

ATTEST: By: ___________________________________ Alicia Ramirez, City Clerk

City of San Angelo Project Grant Agreement #: 51207F7098 Fed 5317 NF Page 1 of 6 Attachment B

PGA: SECTION 5317 FEDERAL- NEW FREEDOM (NF) TRANSIT PROVIDER: City of San Angelo FTA GRANT #: TX-57-X035 CFDA #: 20.521 TXDOT PROJECT #: NF 1201 (07) 35 PROJECT GRANT AGREEMENT #: 51207F7098 MASTER GRANT AGREEMENT #: 512XXF7111 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT

STATE OF TEXAS §

COUNTY OF TRAVIS §

FEDERAL NEW FREEDOM FISCAL YEAR 2012

PROJECT GRANT AGREEMENT

THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State," and City of San Angelo called the "Transit Provider".

WITNESSETH

WHEREAS, under 49 United States Code Section 5317, New Freedom, the Transit Provider submitted a project proposal for financial assistance to be used to provide transportation services; and

WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the Transit Provider in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Texas Transportation Code Chapter 456; and

WHEREAS, the U.S. Secretary of Transportation approved State’s request for funding; and

WHEREAS, the Governor of the State of Texas has designated Texas Department of Transportation to receive federal funds under the Section 5317 grant program; and

WHEREAS, the Transit Provider submitted a Fiscal Year 2012 Grant Application, Part I (GA Part I) (if applicable) for state financial assistance, and the Texas Transportation Commission approved the application by Minute Order Number 112709 and

WHEREAS, the Transit Provider must execute a GA Part I (if applicable) and a Fiscal Year Grant Application, Part II (GA Part II) each fiscal year grant period for consideration for new state and federal grants; and

WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA;

NOW THEREFORE, the State and the Transit Provider agree as follows:


AGREEMENT

ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 15, 2011, whichever is later. This PGA shall remain in effect until May 31, 2014, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Transit Provider has submitted the GA Part I (if applicable) and the GA Part II (federal funds only) to the State. The time period of this PGA cannot be extended past the MGA, without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION A. The Transit Provider shall complete the public transportation project described in the GA

Part I, the Attachment A - Approved Project Description, and the Attachment B – Project Budget. Attachments A and B are attached to and made a part of this agreement. The Transit Provider shall complete the project in accordance with all of the documents associated with the MGA and with all applicable federal and state laws and regulations.

B. If applicable, the Transit Provider shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line items referenced in Attachment A. No later than sixty (60) days after the issuance of public notification, the Transit Provider shall publicly open all bids or privately review proposals. The Transit Provider shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Transit Provider shall notify the department in writing when it is necessary to exceed these deadlines.

ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $ 275,108.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I, the Attachment A, and the Attachment B.

The original and one copy of the invoice are to be submitted to the following address:

Texas Department of Transportation Delma Childress Public Transportation Coordinator 4502 Knickerbocker Road San Angelo, Texas 76904

ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost, or duration of the project authorized in this agreement shall be enacted by written amendment approved by the parties before additional work may be performed or additional costs incurred. Any amendment must be executed by both parties within the grant period specified in Article 1, Grant Time Period. ARTICLE 5. INCORPORATION OF MGA PROVISIONS This PGA incorporates all of the governing provisions of the MGA in effect on the date of final execution of this PGA, unless an exception has been made in this agreement.


ARTICLE 6. SIGNATORY WARRANTY Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER _________________________________ Signature _________________________________ Typed, Printed, or Stamped Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Signature Delma Childress ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Typed, Printed, or Stamped Name Public Transportation Coordinator ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Title _________________________________ Date

List of Attachments A - Approved Project Description B - Project Budget


ATTACHMENT A APPROVED PROJECT DESCRIPTION

The City of San Angelo for applied for funds for ADA shelters and stops to accommodate persons with disabilities on their fixed route service. This project can be found in it’s entirety in the City of San Angelo’s formal response to the TxDOT FY 11 Coordinated Call for Projects.


ATTACHMENT B

PROJECT BUDGET

[Insert Budget Page]


BUDGET ALI CODE INFORMATION

ALI CODE DESCRIPTION FEDERAL LOCAL TOTAL

PROJECT 11.93.05 Ped Access Const $ 246,401 $ 61,600 $308,001 11.73.08 Const Contingency 28,707 7,177 35,884

TOTALS $275,108 $ 68,777 $ 343,885

City of San Angelo



From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 10/04/2011 Council Meeting

Contact: Shawn Lewis, Bob Schneeman 657-4210


Consideration of authorizing the City Manager to execute the 2012 New Freedom Grant Contract with the Texas Department of Transportation and receive funds for pedestrian improvements along North Chadbourne Street from 7th Street to 12th Street, the grant amount being $275,108 with an in-kind match of $68,777 to be provided in the form of Engineering and Design Services by the Engineering Division

Summary: On January 11, 2011 City Council approved the expenditure of $15,500 to fund the application for a grant in the approximate amount of $250,000 for the construction of pedestrian improvements along North Chadbourne Street from 7th Street to 12th Street. The New Freedom grant has been awarded in the amount of $275,108 and requires the execution of an agreement between the City of San Angelo and the Texas Department of Transportation (TxDOT).

History: The New Freedom Grant Program is intended to provide a means of funding projects in support of the Americans with Disabilities Act and to provide access to public transportation which go beyond the basic requirements of the Americans with Disabilities Act (ADA).

On September 21, 2011 the City received a proposed contract from TxDOT that, when executed, allows us to accept the grant in the amount of $275,108 with a local in-kind match of $68,777. This is not a cash match, rather, it is a contribution of design and inspection services by the Engineering Services Division. With the City’s in-kind match, the total project will be $343,885.

Financial Impact:

Grant of $275,108 with an in-kind match of $68,777 for design and inspection services by the Engineering Services Division of the Community & Economic Development Department

Related Vision Item

(if applicable):


Staff recommends that the City Manager be authorized to sign the contract accepting the grant award and committing the City’s in-kind design and inspection services as our required match.

Attachments: Federal New Freedom Fiscal Year 2012 Project Grant Agreement

Presentation:

Publication:


Shawn Lewis

Approved by Legal:

City of San Angelo

Memo Meeting Date: Tuesday, September 20, 2011

To: City Council members

From: Jeff Hintz, Planner

Subject: City of San Angelo, a request for approval of an abandonment of Right-of-Way on the following property:

Location: City Hall Plaza and adjacent areas, in downtown San Angelo

Contacts: David Knapp 657-4279

Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

authorizing abandonment of public right-of-way around City Hall in downtown San Angelo,

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND

CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’

x 20’ alley segment extending NE from Farr Street,

approximately 106’ NE from the intersection of Farr Street

and West 1st Street; 199’ x 32’ strip of property immediately

adjacent to and south of West 2nd

Street, beginning at the SE

corner of the intersection of West 2nd

& Farr Streets, and

extending NE; A 80’ x 218’ tract of property between the

eastern and western segments of City Hall Plaza with West

1st

Street and south of the intersection of North Irving and West 1st

Streets, and including a 236’ segment of West 1st Street and an 83’

segment of City Hall Plaza; A 32’ x 215’ segment of City Hall

Plaza, extending north from its intersection with West

College Avenue, immediately east of City Hall; A 29’ x 70’

segment of Irving Street extending north from its intersection with

West 1st Street, immediately north of City Hall; A 36’ x 93’

segment of West 1st

Street, extending west from its intersection

with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract

of property between the western segment of City Hall Plaza and

Gillis Street in downtown San Angelo; AUTHORIZING THE

CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

Summary: The City Council may:

(1) Approve the proposed abandonment;

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

Recommendation: City staff recommends approving the proposed abandonment, subject to conditions outlined in this staff report.

History and Background:

When the City Hall renovation, parking reconfiguration, and restoration began to take place, the Planning Division noted that the proposed site plan for the addition to the basement portion of the building would require areas of the right-of-way to abandoned. During the research process, staff determined that there were portions of City facilities and parking located within rights-of-way and were unable to find property documents providing for this. In order to take care of all discrepancies and better organize the City Hall property, portions of rights-of-way need to be abandoned, just as if any other private property owner were in this situation. A portion of City Hall currently sits within right-of-way for West 1st Street, an existing alley is utilized for a dedicated drive-thru lane, parking exists in areas not considered part of the property, and the unification of this area in more of a ‘campus’ configuration is desired and has long been part of the Comprehensive Plan for the city. To accommodate parking for the newly designed City facilities, portions of North Irving Street, West 1st Street, and City Hall Plaza are proposed for abandonment.

General Information

Existing Zoning: Central Business District (CBD) Existing Land Use: City Hall, Permits Offices, Old Library, and

Parking Areas

Surrounding Zoning/Land Use: North: RM-1 Salvation Army

West: RM-1 City Employee Health Clinic

South: CBD Church East: CG/CH & RM-1 Commercial property and residences

Conformance with Thoroughfare Plan: Streets around City Hall are defined as “local streets.”

Development Standards: N/A Storm Water/Drainage: N/A Topography: Abandonment of the rights-of-way are not

expected to generate any elevation problems or issues.

Water/Sewer Utilities: Abandonment of the rights-of-way is not expected

to create any problems or issues for water or utility service.

Fire Protection: Open Areas around the building will allow for fire

apparatus equipment to locate around all sides of the building.

Access Management: N/A Notification Required?: Yes Notifications Sent: 24

Responses in Favor: 0 Responses in Opposition: 0

Special Information

Private Utilities: Allow access for open and unobstructed

easements to maintain utilities in the abandonment area

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

changed if the proposed abandonment is approved. The majority of the area is intended to remain unobstructed by buildings, but will be used primarily for parking areas and internal drives. This will certainly allow for cars to pass through the site, but the parking lot should not be substituted as a way through for motorists in the area.

Through traffic in the area will be directed towards 2nd Street to the north or College Avenue to the south for east-west travel via Gillis Street. The western portion of City Hall Plaza will remain open and will likely see an increase in traffic volume due to the closure of West 1st Street. The portion of North Irving Street to the north of City Hall begins at West 2nd Street and motorists are forced to go right or left at the intersection of North Irving and West 1st Street anyhow; this abandonment should not greatly affect traffic patterns in the area more than what currently exists at the present time. The T-shaped intersection of western City Hall Plaza and West 1st Street is, at times, hazardous for pedestrians and motorists alike. If anything, abandonment of this segment of West 1st Street will make this area safer for all who use it. Instead of a three-way intersection, a two-way intersection will be formed with clear visibility for travelers on West 1st Street and western City Hall Plaza.

Proposed Conditions

1. Reservation of an easement for installation, maintenance, repair and replacement of

utilities, which, said easement shall:

a. extend over the entire length and width of areas C, E, and F, which are otherwise abandoned rights-of-way; and

b. remain open and unobstructed.

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

excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.

Presentation: Shawn Lewis, Community & Economic Development Coordinator

Reviewed by: AJ Fawver, Planning Manager (9/12/11)

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending Northeast from Farr Street, approximately 106’ Northeast from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the Southeast corner of the intersection of West 2nd & Farr Streets, and extending Northeast; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO 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 ABUTTING PROPERTY OWNERS RE: abandonment of public right-of-way around City Hall in downtown San Angelo WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owner(s) as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo 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), subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County, Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned;

subject however, to the conditions and restrictions hereinafter more fully set out: A 201’ x 20’ alley segment extending NE from Farr Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’ strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’ segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving Street extending north from its intersection with West 1st Street, immediately north of City Hall; A 36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street, immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City Hall Plaza and Gillis Street, more specifically described as: BEGINNING at a point on the east line of right-of-way for Farr Street, 106 feet southeast from the intersection of the east line of right-of-way of Farr Street and the north line of right-of-way of West 2nd street; THENCE in an eastward direction a distance of 201feet; THENCE in a northward direction a distance of 20 feet; THENCE in a westward direction a distance of 201 feet to the east line of right-of-way for Farr Street; THENCE in a southward direction a distance of 20 feet along the east line of right-of-way for Farr Street to the POINT OF BEGINNING. AND, BEGINNING at a point at the intersection of the east line of right-of-way for Farr Street and the south line of right of way for West 2nd Street; THENCE in an eastward direction along the south line of right-of-way for West 2nd Street a distance of 199 feet; THENCE in a northward direction 32 feet; THENCE in a westward direction a distance of 199 feet to the east line right-of-way for Farr Street;

THENCE in a southward direction, 32 feet along the east line of right-of-way for Farr Street to the POINT OF BEGINNING. AND, BEGINNING at a point at the intersection of the west line of right-of-of way for Gillis Street and the North Line of right-of-way for West 1st street; THENCE in a westward direction 220 feet along the north line of right-of-way for West 1st Street, to the eastern point at the intersection of West 1st Street and the east line of right-of way for North Irving Street; THENCE in a northward direction along the east line of right-of-way for North Irving Street a distance of 50 feet; THENCE in a westward direction across the right-of-way of North Irving a distance of 29 feet; THENCE in a southward direction a distance of 56 feet along the west line of right-of-way for North Irving Street to its intersection with the north line of right-of-way for West 1st Street.; THENCE in a westward direction along the north line of right-of way of North Irving Street a distance of 72 feet; THENCE in a southward direction across the right-of-way of West 1st Street a distance of 125 feet; THENCE in an eastward direction 215 feet along the south line of right-of-way for West 1st Street to its intersection with the west line of right-of-way for City Hall Plaza; THENCE in a southward direction along the west line of right-of-way of City Hall Plaza a distance of 215 feet to its intersection with the north line of right-of-way for West College Avenue; THENCE in an eastward direction 32 feet across the right-of-way for City Hall Plaza; THENCE in a northward direction along the east line of right-of-way for City Hall Plaza a distance of 240 feet to its intersection with the south line of right-of-way for West 1st Street; THENCE in an eastward direction a distance of 100 feet to the intersection of West 1st Street and the west line of right-of-way for Gillis Street;

THENCE in a northward direction 93 feet across right-of-way for Gillis Street to the POINT of BEGINNING. 2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. 3. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate. 4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owner(s), which deed shall reserve an open and unobstructed easement for utilities. 5. That the terms and conditions contained in this ordinance shall be binding upon Grantee(s) and assigns. INTRODUCED on the 20th day of September, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 4th day of October, 2011. THE CITY OF SAN ANGELO By: ________________________________ Alvin New, Mayor ATTEST: By: ___________________________________ Alicia Ramirez, City Clerk

City of San Angelo



From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 10/04/2011 Council Meeting

Contact: Robert A. Schneeman, Development Coordinator


Consideration of approving a recommendation by the TIRZ Board for the allocation of $7,500 from the South TIRZ fund as a grant toward façade improvements for the proposed Business Resource Center to be located at 69 North Chadbourne Street (the former Coca Cola building)

Summary: On July 19, 2011 City Council approved the expenditure of up to $1.4 from unencumbered COSADC funds to renovate and reuse the former Coke Building at 69 N. Chadbourne as the Business Resource Center, a one stop service center intended to serve existing and new businesses. At its meeting on September 21, 2011 the TIRZ Board approved a façade grant in the amount of $7,500 for consideration by City Council.

History: All major Economic Development partners will be either permanently housed in the BRC or will have space available for use in the Center. Permanent occupants will include COSADC staff; the Concho Valley Center for Entrepreneurial Development (CVCED), including the Business Incubator and its clients; and the ASU Small Business Development Center (SBDC); Organizations with space provided on a part time or as needed basis include the Downtown Master Developer; Downtown San Angelo, Inc, Chamber of Commerce Economic Development Division; and the Concho Valley Workforce Board. There will also be a large training room for use by the various partners including potential use by the West Texas Training Center. The building requires significant renovation to accommodate the proposed use and when complete will have a positive impact on the downtown area. COSADC asked that staff approach the TIRZ Board and Council for any assistance which they might deem appropriate. After a great deal of discussion the TIRZ Board agreed that improvements to this building would contribute significantly to the appearance of the surrounding neighborhood and as such would be in keeping with the goals and objectives of the TIRZ Board. Approval of this item by the TIRZ Board was unanimous.

Financial Impact: $7,500

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: TIRZ Action Minutes

Presentation:

Publication:


Shawn Lewis

Approved by Legal:

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE

TAX INCREMENT REINVESTMENT ZONE BOARD

THE CITY OF SAN ANGELO, TEXAS

12:00 Noon – Wednesday, September 21, 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 PLANNING DIVISION, 106 S. CHADBOURNE, ROOM 200, (325) 657-4210, AT

LEAST 24 HOURS PRIOR TO THE MEETING.

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

I. Call to order, establish quorum

II. Public comment

The chair will call for public comment on each item on the agenda at its appropriate time.

Public input on an item not on the agenda may be identified and requested for consideration

by the board at this time.

III. Review and consideration of the current financial report

IV. Consideration of approving the minutes from the previous meeting – Motion William

Dendle, Second Bob Pfluger, Passed Unanimously

V. Consideration and possible action regarding TIRZ incentives for the construction of the

Business Resource Center to be located at 69 North Chadbourne (the Coca Cola building)

which is being renovated as a one stop center for business interests in San Angelo . - Motion

to approve $7,500 toward façade improvements by Bob Pfluger, Second by David Mazur,

Passed 9-1 with John Calvert voting No

VI. Status update of the 2011 TIRZ Capital Improvement Plan development and any action in

connection thereto

VII. Discussion and approval of the New Freedom Downtown Streetscape plan and any action in

connection thereto - Motion to approve as presented by Mike Campbell, Second by Bob Pfluger,

Passed unanimously

VIII. Review and discussion of the status of on-going projects

Bob Pfluger and Craig Kinney departed at 1:15 PM

IX. Announcements and consideration of future agenda items

X. Adjournment – Motion by John Calvert, Seconded by William Dendle, Passed unanimously –

1:28

Given by order of the TAX INCREMENT REINVESTMENT ZONE BOARD and posted in accordance

with Title 5, Texas Government Code, Chapter 551, Friday, September 16, 2011 at 5:00 p.m.

__________________________________________________________

J. Shawn Lewis, Director of Community and Economic Development

Staff Liaison to the TIRZ Board

City of San Angelo



From: Brian Dunn, Fire Department

Subject: Agenda Item for September 20, 2011 Council Meeting

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

Caption: Regular Item

Consideration of First Public hearing to Introduce an Ordinance Amending Fire Department Staffing Positions

Summary: During the budget presentation we presented a restructuring of some positions. The proposal was to eliminate 2 firefighter positions and the assignment pay for 1 LT. and a Driver. The eliminations will be through attrition by retirement. We expect about 10 retirements this coming year. The assignment pay is eliminated because they return to shift duty.

We will add 2 civilian positions one of them will be an Administrative Asst., Grade 11. The classified positions are doing a lot of data entry and clerical work instead of performing technical or job related training. This position will relieve the clerical load off of the higher paid classified positions and allow them to do the training they need to do.

The second civilian person will be a supply maintenance person, Grade 13. This will allow the higher cost classified position to return to fire suppression. The civilian won’t have to continually be doing EMS or Fire CE.

Another component to the restructure is the upgrade of 2 drivers to LT. for EMS supervisors. This will help in the reduction of drivers. I have moved the EMS LT. from the training center to start performing some of these duties. We need 2 more so there will be one on each shift. We have been asking for these positions during budget for several years. The money hasn’t been available to pay for these positions. This restructure doesn’t require any new resources and should reduce some liability for the city as we will be doing more quality control that is required by the state.

THIS RESTRUCTURE AND ELIMINATION OF POSITIONS WILL NOT EFFECT ANY CURRENT EMPLOYEES

History: N/A

Financial Impact: Restructure will save $23,568 in pay and benefits.

Related Vision Item

(if applicable):

N/A


Staff Recommends Approval

Attachments: FD Personnel Budget Change Info.docx FD Lt letter.pdf FD Excerpt of 157 11.pdf Proposed Ordinance

Presentation: None

Publication: None


Rick Weise, Assistant City Manager

Approved by Legal:

City of San Angelo San Angelo Police Department



From: Jeff Fant, Assistant Chief of Police

Subject: Consent Agenda Item for 10/4/2011 Council Meeting

Contact: Tim Vasquez, Chief of Police

Caption: Consent Agenda

Consideration authorizing the City Manager to renew the Interlocal Agreement between the City of San Angelo and Concho Valley Council of governments for 9-1-1 Service in Tom Green county

Summary: The Interlocal agreement is a Memorandum of Understanding between the city of San Angelo (local government) and the Concho Valley Council of Governments (RPC). The RPC has developed a strategic plan to establish and operate 9-1-1 service in State Planning Region 10, and the Commission of State emergency Communications has approved its current strategic plan

History: The City of San Angelo Public Safety Answering Point assists the RPC in implementing their strategic plan for operation of 9-1-1 services in Tom Green County. The MOU is reviewed every two (2) years. This agreement will be in effect from 9/1/2011 until 8/31/2013.

Financial Impact: There is no additional financial impact to the City of San Angelo

Related Vision Item

(if applicable):

Provide dependable 9-1-1 services to the public by utilizing the most current technologies available


Attachments: Interlocal Agreement

Presentation: Ass’t Chief Jeff Fant or Sgt. Victor Vasquez

Publication: None


Chief Tim R. Vasquez, Public Safety Service Area Director

Approved by Legal:

SAN ANGELO FIRE DEPARTMENT

Remove Firefighter II + Incentive 3,202

Remove Firefighter II + Incentive 3,202

Remove LT. from Assignment Pay 250

Remove DR. from Assignment Pay 200

6,854 Savings per month

Add One Administrative Asst. Grade 11 -1787


Add One Supply/Maintenance Person Grade 13 -1,970


Upgrade 2 Driver to LT. for EMS Supervisors -1,514


The saving will be $1964 per month if you include benefits. This will be $23,568 per year.

AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A), ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 2, Article 2.1500, Section 2.1502, Paragraph (b), Subparagraph (1)(A), of the Code of Ordinances of the City of San Angelo, Texas, is hereby amended to read as follows:

Sec. 2.1502 Classification Plan (b) Staffing Levels – The following is the authorized number of positions for the Fire and Police Departments: (1) (A) Fire Department

-Fire Chief 1 -Assistant Chief 2 -Battalion Chief 4 -Fire Captain 12, effective 04-01-06 -Fire Lieutenant 20, effective 10-04-11 -Fire Engineer (or Driver) 33, effective 05-03-11 -Fire Fighter 91, effective 10-04-11

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY:

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

3) THAT, this Ordinance shall be effective on, from and after the dates specified in Subparagraph (1) through attrition.

INTRODUCED on the ___ day of _______________, 2011, and finally PASSED,

APPROVED and ADOPTED on this the ____ day of _______________, 2011.

CITY OF SAN ANGELO ATTEST: BY:

Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: Brian Dunn, Fire Chief Lysia H. Bowling, City Attorney

City of San Angelo

Memo

Meeting Date:

To: City Council

From: Jesus Vazquez, Planner

Subject: Mobile Home Permit 38, a request for approval of a temporary mobile home permit to authorize a manufactured home to be placed for a length of up to 2 years in a Single-Family Residence (RS-1), on the following property:

Location: 3612 Lake Drive, located approximately 300 feet southeast from the

intersection of Humble Road and Lake Drive, specifically occupying Reyes Addition, Lot 1, Section 1 in northwest San Angelo.

Purpose: To allow a mobile home to be placed on the subject property, during the construction of a home on the site.

Contacts: Freddie Reyes, Owner (325) 227-8501

Jesus Vazquez, Planner (325) 657-4210

Caption: Consideration of request for temporary placement of a manufactured

home, not to exceed two years, during construction of a permanent home on the same 1.61-acre site at 3612 Lake Drive in northern San Angelo.

Summary: The Planning Commission may:

(1) recommend approval of a Mobile Home Permit allowing a “manufactured home” facility on this subject property, as requested: or

(2) recommend approval a Mobile Home Permit allowing a “manufactured home” facility on this subject property, subject to conditions believed necessary and appropriate to mitigate any adverse effects of such use; or

(3) deny the requested Mobile Home Permit allowing “manufactured home” facilities all together.

Recommendation: The Planning Commission recommended partial approval of temporary placement of a manufactured home at the subject property for the length of 1 year. The partial approval was unanimously approved. City staff recommends denying the proposed Mobile Home Permit.


On September 1, 2009, the applicant was granted a temporary Mobile Home Permit on the subject property in order, as stated in the Zoning Ordinance, to build a home on the same site. Typically, manufactured homes are not permitted in a RS-1 zoning district. No permits have been pulled for the construction of a home and, upon inspection, there is no evidence to suggest construction has started, such as a foundation or framework. Thus, it would appear that the two-year period expired without any significant steps in the direction which is the intent of this ordinance.

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Manufactured Home Residence Surrounding Zoning/Land Use: North: RS-1 Single-Family Residences West: RS-1 Single-Family Residences South: RS-1 Single-Family Residences East: RS-1 Single-Family Residences

Thoroughfares/Streets: The street fronting the subject property, Lake

Drive, is defined as “minor collector.” Zoning History: No zoning history, other than the previous request

for this temporary permit, is available. Applicable Regulations: Article 12.500., Section 15.504, “Temporary

Mobile Home Installation.” A mobile home may be placed temporarily on a site during the construction of a home.

Development Standards: Section 303.A, “RS-1 (Single-Family Residential)

District.” The intent of an RS-1 zone is to facilitate an opening for the development of single family dwelling units. N/A

Vision Plan Map: Neighborhood

Related Comp Plan Excerpts: The intent of neighborhood is to reflect the quality

of life of its community by defining each neighborhood individually within the city. The subject property is defined as “Single-Family Residence.”

Special Information

Traffic Concerns: N/A Parking Requirements: 2 spaces Parking Provided: No site plan has been submitted. Related Specific Use Standards: N/A Density: Section 502.B, “Nonresidential District Bulk

Standards.” This section states the standers that developments in a nonresidential district most conform to, such as a MH zone. The maximum floor area ratio in a MH zoning is 200%.

Notification Required?: Yes Notifications Sent: 13


Analysis:

In order for this request to obtain approval, the Planning Commission is first required to establish a recommendation and forward it to City Council for final action at a regular meeting. The staff recommendation is based upon the statements listed below. The intent behind this temporary permit procedure is to allow placement of a structure typically prohibited in order to construct an appropriate residence in any residential district. The intent of the ordinance is not to allow a long-term variance, in a sense, from the requirements for RS-1 development. In fact, such a variance is expressly prohibited by the Zoning Ordinance. Rather, the point of this process is to grant a temporary reprieve. When putting this ordinance in place, both the Planning Commission and City Council agreed that two years was the maximum length of time

for this “temporary” placement, as evidenced by their express statement of such in the ordinance. In addition, three (MH 18, MH 29. MH 36) several of the neighboring properties have requested and have been granted or withdrawn this same sort of permit; however, none of them have requested additional time over what is allowed for a mobile home.

The absence of a building or of permits sought makes it appear unlikely that another two years will result in completion of a project. Though it is not prohibited for the Commission to grant a second permit on the same property, it is certainly not required or even advisable in all cases. The Commission should consider this carefully. The longer this placement is allowed, the more permanent the contradiction to the spirit and intent of RS-1 zoning, set by the Commission in partnership with the City Council in adopting the 2000 Zoning Ordinance. Furthermore, it provides an exception not available to others, creating inequity. All other lots within RS-1 zoning districts are required to comply with standards that this property owner, for two years now (and potentially more) had not followed. The spirit of the Zoning Ordinance, to provide equality in the administering of regulations, is compromised in this sense. Proposed Conditions

None. However, if the Commission were so inclined as to

grant approval, staff would highly suggest requiring a timeline to be provided by the applicant to ensure that benchmarks are set, and a schedule is followed that will guarantee completion in the next two years.

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

excerpt from zoning map, highlighting subject property; and aerial photo, highlighting subject property; and

Presentation: Jesus Vazquez, Planner Reviewed by: AJ Fawver, Planning Manager (08/13/11)

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-18: Michael Pittman

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

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


SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

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

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

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

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

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

INTRODUCED on the 4th day of October, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of October, 2011.


by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

City of San Angelo

Memo Meeting Date: October 4, 2011


From: Jeff Hintz, Planner

Subject: A request for approval of a zone change from RS-1 (Single

Family Residential) to OW (Office Warehouse) on the following property:

Location: 428 Montague Avenue, at the southeast intersection of Ellis Street and

Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo.

Purpose: Approving this requested zone change will allow for the zoning

designation on this property to be OW (Office Warehouse)

Contacts: Michael Pittman 325-232-4020

Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 11-18: Michael Pittman AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE

OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in

northeastern San Angelo, changing the zoning classification from Single Family Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more

appropriate; or

(3) deny the proposed zone change.

Recommendation: City staff recommends approving the proposed zone change.

The Planning Commission voted unanimously to approve this request on September 19, 2011.


General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant Surrounding Zoning/Land Use: North: RS-1 & OW Houston Harte Expressway & vacant

land West: RS-1 Single-Family Residence South: RS-1 Single-Family Residence East: CG vacant land

Thoroughfares/Streets: Montague Avenue and Ellis Street are both

defined as “local streets” south of Houston Harte in the Master Thoroughfare Plan. Houston Harte is defined as a “freeway.” North of Houston Harte, Montague Avenue is defined as a “minor collector.”

Zoning History: No previous zoning cases

Applicable Regulations: The intent of RS-1 is to provide medium density development of detached single-family residences while an OW district intends to provide for

activities with limited truck traffic. This development opportunity allows for integration of offices and warehouse space with lower intensity trade activities.

Development Standards: Outdoor storage is required to be completely

screened from outside view. Open storage or display of materials and equipment is also not allowed in this type of zoning district.

Vision Plan Map: Transitional Related Comp Plan Excerpts: “…transition areas provide for a scaling

back of activity from more intense areas to neighborhoods which should be more passive in character.”

Special Information

Traffic Concerns: Changing the zoning from Single-Family Residential to Office Warehouse will certainly generate more traffic on Montague and Ellis than if the property remained as-is. However, Houston Harte Expressway and its associated frontage road are capable of handling the additional traffic generated by this zone change.

Parking Requirements: N/A Parking Provided: N/A Related Specific Use Standards: N/A Density: Floor Area Ratio is .8 Notification Required?: Yes Notifications Sent: 10


Analysis:

In order to approve this request, the Planning Commission members are first required to consider the following Amendment Criteria:

1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

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

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

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

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

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

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

The staff recommendation is based upon the statements listed below. City staff feels that an OW zoning district would make a nice transition to the neighboring RS-1 parcels to the west and south of the subject property. This transition will provide a nice buffer for the residences, just as a transition area is designed to. Office and warehousing activities, such as a self-storage facility, for example, are much less intensive and will usually generate less traffic and noise for adjacent parcels when compared to more intensive commercial parcels. Large strips of commercial development make residential areas seem disconnected from one another and do not promote walk-ability. Breaking up commercial developments with transitional zoning districts is a way to connect and buffer the community from more intense uses. Staff also believes an OW district in this area would fit a community need and be compatible with the development plan for the area. The subject property is approximately 150 feet from Houston Harte Expressway and sits adjacent to the frontage road known as Ellis Street. Across the expressway to the north sits another OW zoning district; staff feels this zoning designation is appropriate for a parcel so close to a high-speed expressway and that it will be compatible with the development already present in the area. This zone change will allow for the expansion of an existing zoning OW district just north of Houston Harte. The residences in this area are generally less dense than in other portions of San Angelo. A lower-intensity development such as a

self-storage facility, office building, warehouse, or wholesale trade would address a community need in this area as well as fit existing development patterns. The Planning Commission and City Council recently changed the city vision map for this area to “transitional.” The OW zoning designation fits with the recently changed conditions for the area and should be taken into consideration when considering this request. It is important to remember that requirements for outdoor storage in the OW district are more limited than in other commercial districts, and screening is also required. This type of zoning fits well with real estate that is not necessarily in a prime commercial location near an off or on ramp to an expressway. This type of location would work well with uses where visits are infrequent in nature, low in intensity, and do not serve the general public, helping keep traffic impacts minor.

Proposed Conditions

N/A

Attachments: orientation map, highlighting the subject property;

excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt from Comprehensive Plan vision map, highlighting subject property; and draft ordinance.

Presentation: AJ Fawver, Planning Manager

Reviewed by: AJ Fawver, Planning Manager (9/12/11)

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-18: Michael Pittman





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 428 Montague Avenue, at the southeast intersection of Ellis Street and Montague Avenue, encompassing two tracts approximately 1.861 and 2.79 acres respectively, and specifically occupying Abstract Number 1854, Survey 0326 of the G. Shubitz subdivision, in northeastern San Angelo shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.











by:____________________________________

Alvin New, Mayor

ATTEST:



RE: Z 11-12: Mike Carter





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 4003 N. Chadbourne Street, located west of the intersection of East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey shall henceforth be permanently zoned as follows: CG (General Commercial) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo Meeting Date: October 4, 2011 To: City Council members

From: Kari LeBoeuf, Planner

Subject: Z 11-12, a request for approval of a change of zoning from CG/CH

(General Commercial/Heavy Commercial) and R&E (Ranch & Estate) to CG (General Commercial)

Location: 4003 North Chadbourne Street, located west of the intersection of

East 40 Street, North Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey, in northwestern San Angelo

Purpose: Change of zoning for a single lot with two different zoning

classifications to a single lot with a single zoning classification.

Contacts: Mike Carter, Owner 325-226-1347 AJ Fawver, Planning Manager 325-657-4210

Caption: First Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit

“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-12: Mike Carter AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF

ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4003 N. Chadbourne Road, located west of the intersection of East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey, in northwestern San Angelo, changing the zoning classification from CG/CH (General Commercial/Heavy Commercial) and R&E (Ranch & Estate)

to CG (General Commercial) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


approve the proposed zone change as presented; or modify the application to some alternative zoning classification believed to be more appropriate, or

deny the proposed zone change as presented;

Recommendation: Planning staff and Planning Commission recommends approving the proposed zone change as presented. The Planning Commission recommends approving this zone change 6-0. History and Background:

General Information for Existing Conditions

Existing Zoning: a combination of General Commercial/Heavy

Commercial (CG/CH) and Ranch & Estate (R&E) Existing Land Use: Snow cone stand and vacant land Surrounding Zoning/Land Use: North: CG The Cowboy Church West: R&E Residences South: R&E and CG/CH Residences East: CG/CH Farm & Ranch

Supplies, Memorial Stone Sales, Cabinetmaker

Thoroughfares/Streets: North Chadbourne Street is classified as an

“arterial” street, Grape Creek Road is classified as a “collector” street

Zoning History: Zoning Maps from 1954 show the lot as zoned

R&E. Zoning maps from 1969 show the lot as zoned R&E and C-2 in the current configuration. For the 2000 Zoning Ordinance, C-2 was re-

designated CG/CH and resulted in the current zoning of both R&E and CG/CH.

Applicable Regulations: The rear section of the lot is R&E and as such

falls under the Zoning Ordinance’s Article 3 Section 303 Residential District Intent Statements. The residential designation of R&E is intended to provide for “low-density, detached single-family residences…in a…rural setting.”

The front section of the lot is CG/CH and as such

falls under the Zoning Ordinance’s Article 3 Section 304 Commercial District Intent Statements. The commercial designation of CG/CH is “intended as a transitional district from areas previously zoned C-2…is not available for requests for zone changes… [and] is intended that the areas within CG/CH zoning districts will be changed to other zoning districts.”

Development Standards: R&E on the rear section: minimum lot size is 1

acre; minimum setbacks are 40’ front yard, 15’ side yards; 20’ rear yard; maximum FAR is 0.2 (20%); and maximum structure height is 35’, allowed use is residential.

CG/CH on the front section: minimum lot size is

6,000 sq ft; minimum setbacks are 25’ front yard, no setbacks for side or year yards unless abutting a residential use in which case its 10’; maximum FAR is 2.0 (200%); no maximum building height; allowed uses range from standard commercial to light manufacturing; Type 3; General Outdoor Storage (unlimited quantity).

Vision Plan Map: Neighborhood Center Related Comp Plan Excerpts: “Neighborhood Centers…are more integrated and

connected with their surroundings;” “Replace all CG/CH zoning on commercial

corridors with better-specified zoning classifications that prohibit incompatible uses;”

“Give the primary arterials in San Angelo a new

life through enhanced design and appropriate land uses;”

Vision Concept #5: To revitalize deteriorating

commercial corridors, like Chadbourne Street , by

organizing commercial uses into nodes at intersections

Special Information

Traffic Concerns: North Chadbourne Street is an arterial street

designed to carry large volumes of traffic. Any increase in traffic that could occur would be well absorbed and consistent with the intent of revitalization of major commercial corridors within the city.

Parking Requirements: N/A Parking Provided: N/A Related Specific Use Standards: N/A Density: CG/CH FAR is 2.0 (200%) Notification Required?: Yes Notifications Sent: 14

Responses in Favor: 1

Responses in Opposition: 2

Analysis:

In order to approve this request, the Planning Commission is first required to consider the following Amendment Criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

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

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

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

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

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

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

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

The staff recommendation is based upon the statements listed below. Analysis of Existing Situation The development potential for this single lot is limited as a result of having these two very different zoning classifications on it because the development standards for each district are very different. The two zoning classifications on this single lot, R&E and CG/CH, are of opposing intents. R&E is intended to be a very low intensity residential use whereas CG/CH is intended to be a very high intensity commercial use. Having such opposite types of zoning on a single lot is contrary to the Zoning Ordinance’s “purpose of promoting the public health, safety and general welfare of the citizens of San Angelo...[by] prevent[ing] and minimiz[ing] land use incompatibilities and conflicts among different land uses” The CG/CH zoning district has long been intended to be phased out, as expressed by previous Councils, with these areas being rezoned to something more compatible to surrounding areas and the intent of the Comprehensive Plan. CG/CH is one of the most intensive non-residential districts in the Zoning Ordinance allowing for a range of uses from standard commercial to light manufacturing. The intensity of CG/CH is not compatible with the intensity of the abutting residential neighborhoods. Analysis of Proposed Zoning Rezoning the lot to the less intensive CG zoning would serve as a protective measure for the adjacent R&E district. This type of protective measure is consistent with the intent of the Comprehensive Plan’s call for Neighborhood Center in this area. Rezoning to CG would be compatible with the CG zoning district abutting the northern boundary of the subject property as well as the other commercial districts along .North Chadbourne Road. Development standards for CG are as follows: minimum lot size is 6,000 sq ft; minimum setbacks are 25’ front yard, not setbacks for side or rear yards unless abutting a

residential use in which case its 10’; maximum FAR is 2.0 (200%); no maximum building height. For a CG zoning district, a range of standard commercial uses are allowed by right and the allowed outdoor storage is Type 2: Limited. While the CG zoning district is more intensive than the CN zoning district called for in this area by the Vision Plan Map, it is significantly less intensive that the current CG/CH zoning. Maintaining a commercial zoning district on this lot is also consistent with the Comprehensive Plan’s Vision Concept #5 which seeks to revitalize Chadbourne Street into a vibrant commercial corridor. The replacement of the temporary CG/CH zoning district also meets the intent of the Comprehensive Plan. Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (date)


RE: Z 11-12: Mike Carter





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 4003 N. Chadbourne Street, located west of the intersection of East 40th Street, N. Chadbourne Street, and Grape Creek Road, specifically 3.18 acres out of A & M G RR CO survey shall henceforth be permanently zoned as follows: CG (General Commercial) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


AN ORDINANCE PROVIDING 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; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIEVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of a public right-of-way being 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, deems 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, 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), subject to conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,

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

the entire 20-foot width and 330-foot length of right-of-way for a public alley

dedicated through the center of Block 50 in the Fairview Addition, extending between the east right-of-way line of North Archer Street to the west right-of-way line of North Bell Street, running parallel to and south of East Houston Harte Expressway in northeastern San Angelo, which said alley is described more particularly as follows:

BEGINNING at a point on the northwest corner of Lot 8 in Block 50 of the Fairview Addition to San Angelo, as shown on a subdivision plat of the Fairview Addition to the town of San Angelo, which said plat is recorded on the 15th day of January, 1907, on Page 504 in Volume 41 of Deed Records for Tom Green County, said point also being on the east line of right-of-way for North Archer Street; THENCE in an easterly direction for a distance of 300 feet along the north boundaries of Lots 8, 9, 10, 11, 12, and 13 consecutively, in Block 50 of said Fairview Addition, to a point at the northeast corner of Lot 13 in said Block 50;

THENCE in an easterly direction for a distance of 30 feet along the north boundary of Lot 14 in Block 50 of said Fairview Addition, to a point also being on the west line of right-of-way for North Bell Street; THENCE in a northerly direction for a distance of 20 feet along the west line of right-of-way for North Bell Street, to a point at the south boundary of Lot 1 in Block 50 of said Fairview Addition; THENCE in a westerly direction for a distance of 30 feet along the south boundary of Lot 1 in Block 50 of said Fairview Addition, to a point at the southeast corner of Lot 2 in said Block 50; THENCE in a westerly direction for a distance of 300 feet along the south boundaries of Lots 2, 3, 4, 5, 6, and 7 consecutively, in Block 50 of said Fairview Addition, to a point at the southwest corner of Lot 7 in said Block 50, said point also being on the east line of right-of-way for North Archer Street; THENCE in a southerly direction for a distance of 20 feet along the west line of right-of-way for North Archer Street, to the POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted

subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

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

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

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

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

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

Grantees and assigns. 6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this

public right-of-way.

INTRODUCED on the 4th day of October, 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

Memo Meeting Date: October 4, 2011


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 introduction of an Ordinance authorizing 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


approve the proposed alley abandonment as presented; or approve the application with conditions believed to be more appropriate; or

deny the proposed alley abandonment;

Recommendation: Planning staff and Planning Commission recommends approving the proposed alley abandonment. Planning Commission voted 6-0 to recommend approval. History and Background:

According to the Tom Green County Appraisal District website, the structure currently sitting across the alley was built in 1969. The records of RLA Family Enterprises, Ltd., the owner of that structure and the property to the north and to the south of the alley proposed to be abandoned shows the structure was built in the 1940’s. They learned recently that the alley had never officially been abandoned as Planning staff could find no records for it. General Information

Existing Zoning: Light Manufacturing (ML) Existing Land Use: Roberts Truck Center Surrounding Zoning/Land Use: North: ML Houston Harte Expressway West: MH Lot with Storage Containers,

Residences South: ML Residences East: CH San Angelo Tractor

Thoroughfares/Streets: North Bell Street is classified as an “arterial” street

which is designed to carry heavier traffic quickly between city destinations. North Archer Street is

classified as a “local” street designed to carry lighter neighborhood traffic at slower speeds. Veck Street is also classified as a “local” street. Houston Harte Expressway is designed to carry heavy traffic through the city at high speeds.

Conformance with Thoroughfare Plan: Yes Development Standards: N/A Storm Water/Drainage: Abandonment of the alley is not expected to

generate any storm water/drainage issues. Topography: Abandonment of the alley is not expected to

generate any elevation issues. Water/Sewer Utilities: Abandonment of the alley is not expected to

generate any water/sewer utilities issues. Fire Protection: Abandonment of the alley is not expected to

generate any fire apparatus access issues. Access Management: Abandonment of the alley is not expected to

generate any engineering issues.

Special Information

Private Utilities: There are no private utilities facilities within the

proposed abandonment. Traffic Concerns: None as the alley has not been open for access

for the past 42 years so the abandonment will not change traffic flow in that area.

Notification Required: Yes Notifications Sent: 7


Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (date)

4 / 10 Hour Days vs. 5 / 8 Hour DaysWhat is the Premise for Changing

to 4 / 10 Hr Days?

Cost Savings Measures? Improved Customer Service?

To deliver cost savings, entire 4 / 10 Hr Days with one Staggered 4 / 10 Hr PRO CONfacility or stand-alone dept/div weekday closed. Days - Open 5 Days/Wkmust close for one day. * Less commuting - * Childcare

save on gasoline. * Longer work days.Open longer daily hours for Open longer daily hours for * Extra day off for * Must use 10 hrs of

Savings from: electricity & increased ease to customers increased ease to customers personal things sick or vacation.water, and gasoline in take who work. Schedule provides who work. Schedule provides which improves * Not all deptshome vehicles. service for 8 additional hrs/wk service for 18 additional hrs/wk. absenteeism. can be closed a

* Increased day during weekproductivity. causing dept envy.

* Coverage for absences is in Greater cost to operate: * Increased morale. * Not available for10 hr increments vs 8 hrs. * Building (longer usage/day/wk) * Great recruiting PD, FD or 24 hr

In weeks with holidays when In weeks with holidays when * Coverage for absences is in tool. operations.

Employee Morale/Benefit?

holiday falls on a day off: holiday falls on work day: 10 hr increments vs 8 hrs.* Facility will be closed an * Non-exempt employees * How to handle holidays? Seeextra day for holiday, AND must use 2 hrs of comp 'Cost Savings Measures'.* Non-exempt employees time or vacation to make * How to handle holidays? Seemust use 2 hrs of comp holiday=10 hrs (since holiday 'Cost Savings Measures'.time or vacation to make is 8 hrs paid), holiday=10 hrs (since holiday ORis 8 hrs paid). * Pay 10 hrs for holidays,

OR* Facility reverts to 8 hour * Non-exempt employeesschedule during weeks with can work over 2 hrs withinholiday. the same week to make up

lost 2 hrs on holiday.* Holiday is only celebratedwhen it falls on a work day.

* Pay 10 hrs for holidays.Electricity Savings for those whocould close one additional day/wk:

Municipal Court = $2469.09CMO & Municipal Ctr = $12873.22Traffic Control = $10987.17 Core coverage hours must be set.

$

OR

OR

OR

gStreet & Bridge = $1232.62Emergency Mgmt = $3534.38 Start with a trial period.State Office Bldg = $21981.37Water Billing/Code/Permits=$4269.86 Consider a "9 / 80 plan" in whichVehicle Maintenance = $2679.94 employees work 80 hrs across 9 daysFort Concho = $10084.73 (8 days @ 10 hrs, 1 day @ 8 hrs), & get

Take Home Vehicle Savings: 10th day off. Results in one-half of the* Municipal Court = $6993.80 Total = $70,112.39 projected savings.

City of San Angelo





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

Caption: Water Utility Bid, WU-12-11, Hickory Water Supply 30” Transmission Main Project

Summary: Bids have been received from 6 contractors for the construction of the 30” transmission main for the Hickory Water Supply Project. Low bid for the project was submitted by Oscar Renda Contracting in the amount of $39,000,000 and the bid had no exceptions to the specifications. History: The Hickory Water Supply Project will provide the City with its first underground water supply source. Financial Impact: Bid amount $39,000,000. Funded from Texas Water Development loan program proceeds in the amount of $120,000,000. Related Vision Item (if applicable): Long term water supply.

Other Information/Recommendation: The project will consist of the installation of approximately 329,700 feet (62.5 miles) of 30” pipe from the well field located south of Melvin to the City’s water treatment plant. The project completion is set for no later than May 2013. It is recommended the bid be accepted from Oscar Renda Contracting and the City Manager be authorized to negotiate and execute a contract. Attachments: Bid Tabulation and Contract Reviewed by Service Area Director: Will Wilde, Water Utilities Director, September 23,

2011.

Project: Hickory Water Supply Project ‐ Transmission MainRFB No: WU‐12‐11Date of Bid: Friday, September 23, 2011

CITY OF SAN ANGELO SEALED PROPOSAL

BID PROPOSALS SUMMARY

Total Base Bid

$47,524,000

$40,725,510

$45 849 030

Don Kelly Construction, Inc.

Contractor

Barnard Construction Co., Inc.

Garney Construction $45,849,030

$39,000,000

$40,777,365

$43,870,001

Reynolds, Inc.

Western Summit Constructors, Inc.

Garney Construction

Oscar Renda Contracting

PERFORMANCE AGREEMENT FOR

HICKORY AQUIFER WATER TRANSMISSION MAIN 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 Oscar Renda

Contracting, Inc. , a Texas corporation, (“Contractor”).

RECITALS

A. The City has issued a Request for Bids for Hickory Aquifer Water Transmission

Main No, WU-12-11 (“RFB No. WU-12-11”) at San Angelo, Texas (“Proposal”), to construct a

30” water transmission main (“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:

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. WU-12-11 as described in the Contract

Documents (Drawings, Specifications, Addenda) for the construction of a 30” water transmission

main from Melvin well field located on the Ford Ranch southeast of Melvin, Texas extending

approximately 58 miles in a northwest direction to the San Angelo Water Production Plant near

the intersection of Ave. K and Metcalfe, San Angelo, Texas, as directed by the City to include:

2

providing and constructing a complete and functional raw water transmission piping system

including but not limited to piping; joint restraints; blocking; valves; fittings; combination

air/vacuum relief valves; vaults; fence cuts, repairs and permanent gates; temporary blow-offs;

repair asphalt cuts; signs; construct river and stream crossings; construct steel encased roadway

bores; provide, install and maintain traffic barricades (including engineered designed plans);

maintain site safety; provide, design, install and maintain Trench Safety System; provide and

maintain construction surveying and staking; provide and maintain a stormwater plan and permit;

return construction site to pre-construction condition or better; and all appurtenances or other

items required to provide a complete, functional system as described and shown in the Contract

Documents, Specifications and Plans. Contractor shall provide all labor for preparing the

worksite and furnish all material, accessories, labor, and equipment necessary for completing

Work; and, all other work specified in the technical specification documents and drawings

included with the Contract Documents incorporated herein by reference in Section 7 of this

Agreement and in accordance with the terms and conditions set forth herein and within those

Contract Documents.

B. 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: City has established a schedule for “Substantial

Completion” and “Final Completion” of the project. Contractor agrees to substantially complete

the Work within five hundred forty (540) consecutive calendar days after the date the Work

commences as established by the Notice to Proceed. Contractor also agrees to achieve final

completion of all Work within sixty (60) consecutive calendar days after substantial completion

of the project and not more than six hundred (600) consecutive calendar days 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

3

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, plus any extensions thereof

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

proving in a legal preceding the actual loss suffered by City if the Work is not complete on time.

Accordingly, instead of requiring such proof, City and Contractor agree that a reasonable

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

pay City Five Thousand Dollars ($5,000.00) for each calendar day that expires after the

“Substantial Completion” time specified until the Work is substantially complete. If Contractor

achieves “Substantial Completion” of the Work, but not “Final Completion” within the

established final completion schedule, then 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

Two Thousand Five Hundred Dollars ($2,500.00) for each calendar day that expires after the

“Final Completion” time specified until the Work is complete.

6. 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 Thirty Nine Million Dollars ($39,000,000.00) 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.

7. PAYMENT PROCEDURES:

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

Conditions as shown in RFB No. WU-12-11 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

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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.

a) Upon completion of pipe laying, backfilling road replacement (if required) and

consolidation of trench backfill, payment will be allowed for 80 percent, less

retainage for the pipeline. The remaining 20 percent, less retainage will be

allowed when the property affected by construction operations has been

completely restored to its original or required condition, including fence

replacement, preliminary and final grading, seeding/sodding (if required), etc.,

pipeline hydrostatic testing and removal of all equipment or materials related to

construction. The 20 percent, less retainage to be allowed when pipeline testing

and said property restoration occurs shall not be considered retainage, but shall be

considered as payment for work associated with property restoration.

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

to serve as the basis for progress payments during construction. Upon approval of

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

Estimate furnished by the Contractor.

c) 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. The

City will not approve material as inspected until installed and tested. The

Contractor is solely responsible for preventing all losses due to theft, vandalism or

damage caused by any other means prior to final payment. The Contractor will be

responsible to replace all materials lost or damaged at the Contractor’s expense.

Any material rejected by City shall be replaced or repaired by the Contractor at the

Contractor’s expense to the satisfaction of the City. If payment is requested on

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the basis of materials and equipment not installed in the work but delivered and

suitable stored at the site or at another location agreed to in writing, the

application for payment shall also be accompanied by a bill sale, invoice or other

documentation warranting that the City has received the materials and equipment

fee and clear of all liens, charges, security interests and encumbrances and

evidence that the materials and equipment are covered by appropriate property

insurance and other arrangements to protect the City’s interest therein, all of

which will be satisfactory to the City.

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

pay an amount sufficient to increase total payments to Contractor to ninety-five

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

should be deducted in accordance with the General Conditions.

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.

8. 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:

§ Request for Bid for Hickory Aquifer Water Transmission Main, No. WU-12-11 (“RFB

No. WU-12-11”)

§ 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.

9. 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

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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.

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

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

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

terms of this 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.

11. AUDIT AND INSPECTION RIGHTS:

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

the date of final payment by City to Contractor under this 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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12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not

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

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.

13. 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.

14. 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.

15. 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

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

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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.

16. 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 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.

17. 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

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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.

18. 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.

19. 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

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

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written notice, this Agreement shall be considered terminated on the date that the required

change in policy coverage would otherwise take effect.

20. SPECIAL INSURANCE AND INDEMNIFICATION RIDER:

A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS 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. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFT, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

B. ENVIRONMENTAL INDEMNIFICATION. CONTRACT AGREES TO INDEMNIFY, DEFEND AND HOLD CITY AND 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 LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF CONTRACTOR’S HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY PERSON UNDER CONTRACTOR’S DIRECTION OR CONTROL OF WASTE COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION. CONTRACTOR SPECIFICALLY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY

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SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF CONTRACTOR REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF HE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.

C. 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.

D. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.

E. APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OT OTHER SOLID WASTE FACILITES AND SURROUNDING AREAS WHICH ARE OR WERE USED BY THE CONTRACTOR, DURING THE TERM OF THIS AGREEMENT OR PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR. THIS SECTION DOES NOT MAKE CONTRACTOR LIABLE FOR ANY SITE IG HAS NEVER USED, CLOSED, MANAGED OR MONITORED. INSURANCE

A. GENERAL CONDITIONS. The following conditions shall apply to all

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

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

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

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

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

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

insureds, except on Workers’ Compensation coverage.

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

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

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

consultants and employees.

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

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

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

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

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

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

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

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

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

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

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

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

106 S. Chadbourne or P.O. Box 1751, San Angelo, Texas 76903.

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

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

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

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

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

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

Contractor of any contractual responsibility or obligation.

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

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

amounts specified below. Contractor shall require Subcontractors and Sub-

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

evidencing coverage for each Subcontractor and Sub-subcontractor.

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B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall

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

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

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

protect 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)

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 claim for injury, disease or death of employees which

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

Coverage shall not be less than:

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

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

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

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

such qualification to City in accordance with the notice provisions of this 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) Builder’s 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 place 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:

$39,000,000.00 Completed Value

5) Environmental Liability. This insurance shall be maintained in force for the full

period of this Agreement and cover losses caused by pollution conditions including,

but not limited to, any spill, underground pollution or any other environmental

impairment. It shall apply to bodily injury; property damage, including loss of use of

damaged property or of property that has not been physically injured; cleanup costs;

including, but not limited to, any costs required under CERCLA; and defense,

including costs and expenses incurred in the investigation, defense, or settlement of

claims, If coverage is written on a claims made basis, Contractor warrants that any

retroactive date applicable to coverage under the policy precedes the effective date of

this Agreement, and continuous coverage will be maintained or an extended discovery

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period will be exercised for a period of two (2) years beginning from the time the

Agreement has expired.

$ 1,000,000 Per loss $ 1,000,000 Annual aggregate

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

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

in connection with Contractor’s performance under this 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.

22. 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.

23. 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 Oscar Renda Contracting, Inc. Attn: Kevin Krueger Attn: Frank Renda, Vice President P.O. Box 1751 608 Henrietta Creek Road San Angelo, Texas 76902 Roanoke, Texas 76262 Phone: (325) 657-4260 Phone: (817) 491-2703

24. MISCELLANEOUS PROVISIONS:

A. This Agreement shall be construed and enforced according to the laws of the State

of Texas.

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B. Title and paragraph headings are for convenient reference and are not a part of this

Agreement.

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.

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

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

26. 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

to provide workers’ compensation insurance for any employee or agent of Contractor rendering

services to City under this Agreement.

27. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the

availability of funds and continued authorization for program activities and the Agreement is

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

regulations, upon thirty (30) days notice.

28. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the

representations contained in the Solicitation Documents.

29. 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 the date herein, 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.

30. 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.

31. 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.

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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: OSCAR RENDA CONTRACTING, INC., a Texas corporation ______________________________ By:_______________________________ Print Name: Print Name: Frank Renda, Title: Corporate Secretary Title: Vice President

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APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ __________________________________ Will Wilde, Water Utilities Director Lysia H. Bowling. City Attorney APPROVED AS TO CONTENT: APPROVED AS TO INSURANCE REQUIREMENTS: ______________________________ ________________________________ Kevin Krueger, Engineering Manager John Seaton, Risk Manager

City of San Angelo





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


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

Summary: DLH 2007 Trust (D. Hirschfeld) 1961 Beaty Road Lot 16, Group 1 $174,650 History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund. Related Vision Item (if applicable): None. Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisal Report (D. Hirschfeld) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, September 21, 2011.

Y:\COUNCIL\Electronic Agendas\2011\10-04-11\PUR VM-05-11.doc

Memo


To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for October 4, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Regular

Consideration of awarding RFP VM-05-11 for Equipment Financing to California First National Bank, authorizing staff to negotiate a contract, and authorizing the City Manager to execute said contract and any necessary related documents.

Summary: The Vehicle Maintenance Department requested proposals for financing options on various pieces of heavy and light duty equipment for routine use by City Departments and the Emergency Response Task Force. Proposals were submitted by Wells Fargo and California First National Bank. History: Historically, City equipment has been purchased for the use of City departments to perform their respective duties. As the financial structure changes, the attractiveness of options outside of outright purchasing becomes more financially appealing. Interest rates for equipment financing have dropped, lowering the cost and thus raising the attractiveness of such options. The financial structure faced today, the lack of appropriate and adequate equipment in some areas, and the extended age of other equipment resulting from a lack of adequate equipment replacement funds, necessitates the need to search for other financial options to acquire equipment. Equipment is needed to effectively respond to emergency situations as well as serve dual purpose through departments’ use in the completion of their daily responsibilities. Recent events including the Encino Ranch, Wildcat, and Pecan Creek Fires have highlighted some deficiencies in the City’s ability to respond to emergency situations. These events have also brought attention to the high percentage of urban interface within the City of San Angelo and the threat of disaster in these areas, of which appropriate equipment, training, and procedures to respond are absent. This, along with the myriad of other emergencies the City has and could face, necessitated the need to create a taskforce of trained employees and appropriate equipment to respond to any emergency situation which may arise. A large component in the success of this taskforce is the appropriate equipment to respond; equipment which is currently void in the City’s current fleet but can be acquired using the financing proposal presented. Financial Impact: Total lease pricing from this RFP will not exceed $485,000 per year for seven years. Annual payments are proposed to generate from General Fund and Water Fund monies. The proposal includes a master financing contract to which units can be added periodically for the term of one year with financing payments made annually as units are added. Below outlines the

City of San Angelo

Y:\COUNCIL\Electronic Agendas\2011\10-04-11\PUR VM-05-11.doc

equipment needed, as well as to be attained through the finance proposal recommended by staff. This equipment will serve dual purposes of assisting City Departments in the completion of their daily responsibilities with a priority to the Emergency Response Team to adequately respond to emergency situations.

Type 3 Fire/ Brush Truck (2) Pickups with Fire Skids (2) ½ Ton Pickups 200 HP Dozer 125 HP Dozer 183 HP Motor Grader Haul Truck and Trailer Water Truck Mechanic Service Truck Command Truck and Trailer Enhanced Communication Hardware Portable Fuel Trailer

Related Vision Item: NA Other information/Recommendation: Staff seeks approval to enter into negotiations and contract with California First Bank; the submitter of the most financially appealing proposal. Negotiations will include contract terms, party responsibilities, and agreements concerning equipment use, repair, and maintenance. Attachments: RFP VM-05-11 Ranking Justification Memo Reviewed by: Ricky Dickson, Director – Operations

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

City of San Angelo



From: Lisa Marley, Human Resources Director

Subject: Agenda Item for September 20, 2011 Council Meeting


Discussion and possible action regarding employee alternate work schedule.

_________________________________________________________________________________

Summary: Discuss the various scenarios available for an alternate work schedule for City staff. History: In July 2009, a committee was formed to review the concept of an alternate work schedule. The discussion was raised by employees who wanted to have the extra day off during the summer months while their children were out of school. The direction given to the committee was that the offices could not shut down for an entire day during the Monday-Friday office hours. The purpose of the City considering an alternate work schedule was to give access to the public for extended hours...not to necessarily give employees an extra day off. This decision prevents any cost savings to the City since the offices are actually open longer hours. No action was brought forward for consideration. There are a number of different possible scenarios for consideration, however the governing premise of making a change must be identified first. Each scenario presents different savings or costs depending on the choice utilized. Financial Impact: Savings vary depending upon which premise is adopted: cost savings measures, improved customer service or employee morale/benefit. (See savings on attached flowchart.) Attachments: Alternate work hours flowchart. Reviewed by Department Director: Lisa Marley, Human Resources Director, Sept 10, 2011.

To: City Council From: Patrick Frerich / Vehicle Maintenance Date: September 21, 2011 Subject: VM-05-11 Equipment Financing Proposal Review

The Vehicle Maintenance Department requested proposals for financing options relating to the acquisition of heavy and light duty equipment and vehicles. RFP VM-05-11 was draft outlining criteria and stipulations interested vendors should take into consideration. Sought were proposals of financing that were the most appealing and offered the most benefit to the City. California First National Bank and Wells Fargo both responded with proposals in accordance with the RFP. Proposals were then reviewed by the selection committee consisting of Patrick Frerich – Vehicle Maintenance, Ricky Dickson – Director of Operations, and Shane Kelton – Assistant Director of Operations. Committee members ranked the proposal on a cumulative scale of 100 points as follows: Finance Rate 50 Points Max Financial Benefit 30 Points Max Finance Terms 20 Points Max The resulting rankings are outlined below:

Vendor Finance Rate (50 Points)

Financial Benefit (30 Points)

Finance Terms (20 Points)

Total Points (100 Points)

California First 50 30 20 100 Wells Fargo 40 20 10 70 Based on these rankings, the Selection Committee recommends selecting the proposal from California First National Bank to enter into subsequent phases of the RFP process of negotiation, legal review, and acceptance. A detailed justification of each ranking criteria is outlined below: Finance Rate – annual percentage rate charged by vendor for providing financing

California First National bank submitted a proposal reflecting a finance rate of 2.78% for an 84 month term. Wells Fargo’s submitted finance rate was 3.22% for a 60 month

MEMORANDUM

term. Based on these rates, California First National Bank garnered 50 points for submitting a rate .44% lower.

Financial Benefit – overall cost benefit for the City of the proposal as compared to other finance options, opportunity cost, and operating budget impacts

California First National Bank’s proposal offers a lower annual payment over a longer term that is more easily accepted by the City’s budget constraints.

Finance Terms – terms and conditions of the vendor’s proposal to length of time, penalties, payment requirements, etc.

California First National Bank’s proposal offered a seven year term whereas Wells Fargo only offered up to five years. The seven year proposal and resulting payments are more appealing when compared to the City’s budgets. California First National Bank also allowed annual payments, as requested in the RFP, versus the monthly payment requirement of Wells Fargo. This saves staff time in the repetitive receipt and payment of multiple invoices and payments. Both vendors proposed a $1 buyout finance structure.

City of San Angelo

Memo



Consideration of awarding HGAC and Buyboard quote VM-14-11 Pickups Purchase, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested quotes for two ½-ton pickups, two 1-ton pickups, and one 2-ton chassis cab, for use by City Departments with priority to the Emergency Response Team. Philpott Motors responded through the State approved purchasing co-op HGAC and Buyboard. This equipment will serve dual purposes of assisting City Departments in the completion of their daily responsibilities with a priority to the Emergency Response Team to adequately respond to emergency situations. History: Quotes were requested for replacing current equipment that are past its useful operational life and/or are inadequate or absent to appropriately respond to emergency situations. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1) year from the date of award. Vendor selection is based on the financial impact; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of two (2) ½-ton pickups, two (2) 1-ton pickups, and one (1) 2-ton chassis cab, for a total expenditure of $175,487.37. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Philpott Motors. Attachments: Quote Tabulation VM-14-11 Reviewed by: Ricky Dickson, Director – Operations

Bids\Agenda Background\Background Memo VM-14-11 - Pickup Purchase.doc X:\PF Documents\Bid Documents\2012 Equipment

C I T Y O F S A N A N G E L O QUOTE TABULATION * RFB NO: VM‐14‐11/Pickups Purchase * September 21, 2011

Philpott Motors

ItemDescription Q

TY

Unit Price Extended Price

1 1/2 Ton Pickup 2 35,210.75$ 70,421.50$ 2 1 Ton Pickup 2 38,073.75$ 76,147.50$ 2 2 Ton Chassis Cab 1 28,918.37$ 28,918.37$

Total Bid 175,487.37$

Bids Requested From:Philpott Motors Nederland, TX HGAC and Buyboard Quote

X:\PF Documents\Bid Documents\2012 Equipment Bids\Bid Tabs 2012\Strike Team Equipment\Vehicles\Quote Tab ‐ VM‐14‐11 ‐ Pickup ‐ HGAC

City of San Angelo

Memo



Consideration of awarding Buyboard quote VM-15-11 Heavy Construction Equipment, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested quotes for one 125 HP Dozer, one 200 HP Dozer, and one 183 HP Motor Grader for use by City Departments with priority to the Emergency Response Team. Warren Caterpillar responded through the State approved purchasing co-op Buyboard. This equipment will serve dual purposes of assisting City Departments in the completion of their daily responsibilities with a priority to the Emergency Response Team to adequately respond to emergency situations. History: Quotes were requested for replacing current equipment that are past its useful operational life and/or are inadequate or absent to appropriately respond to emergency situations. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1) year from the date of award. Vendor selection is based on the financial impact; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of two (2) dozers and one (1) maintainer for a total expenditure of $734,600.00. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Warren Caterpillar. Attachments: Quote Tabulation VM-15-11 Reviewed by: Ricky Dickson, Director – Operations

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-15-11 - Heavy Construction Equipment.doc

C I T Y O F S A N A N G E L OQUOTE TABULATION * RFB NO: VM‐15‐11/Heavy Construction Equipment * September 21, 2011

Warren CAT

ItemDescription Q

TY

Unit Price Extended Price

1 125 HP Dozer 1 171,750.00$ 171,750.00$ 2 200 HP Dozer 1 320,000.00$ 320,000.00$

3 183 HP Motor Grader 1 242,850.00$ 242,850.00$

Total Bid 734,600.00$

Bids Requested From:Warren Caterpillar San Angelo, TX Buyboard Quote

X:\PF Documents\Bid Documents\2012 Equipment Bids\Bid Tabs 2012\Heavy Construction Equipment\Quote Tab ‐ VM‐15‐11 ‐ Heavy Construction Equipment

City of San Angelo Memo



Consideration of awarding Buyboard quote VM-18-11 Haul Trailer, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested quotes for one 55 ton haul trailer for use by City Departments with priority to the Emergency Response Team. Kirby Smith Machinery responded through the State approved purchasing co-op Buyboard. This equipment will serve dual purposes of assisting City Departments in the completion of their daily responsibilities with a priority to the Emergency Response Team to adequately respond to emergency situations. History: Quotes were requested for replacing current equipment that are past its useful operational life and/or are inadequate or absent to appropriately respond to emergency situations. If awarded, the pricing may be used for this and subsequent purchases for a period of one (1) year from the date of award. Vendor selection is based on the financial impact; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of one (1) 55 ton haul trailer for a total expenditure of $72,943.35. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Kirby Smith Machinery. Attachments: Quote Tabulation VM-18-11 Reviewed by: Ricky Dickson, Director – Operations

Bids\Agenda Background\Background Memo VM-18-11 - Haul Trailer.doc X:\PF Documents\Bid Documents\2012 Equipment

C I T Y O F S A N A N G E L O QUOTE TABULATION * QUOTE NO: VM‐18‐11/Haul Trailer * September 21, 2011

Kirby Smith Trinity

ItemDescription Q

TY

Unit Price Extended Price Unit PriceExtended Price

1 55 Ton Haul Trailer 1 72,943.35$ 72,943.35$ 83,500.00$ 83,500.00$ Total Bid 72,943.35$ ‐$

Bids Requested From:Kirby Smith Machinery Abilene, TXTrinity Trailer Sales Dallas, TX

X:\PF Documents\Bid Documents\2012 Equipment Bids\Bid Tabs 2012\Haul Trailer\Quote Tab ‐ VM‐18‐11 ‐ Haul Trailer

City of San Angelo Memo



Consideration of awarding HGAC quote VM-19-11 Type III Brush Truck, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested a quote for one Type III Fire Brush Truck for use by City Departments with priority to the Emergency Response Team. Hall Buick Pontiac GMC responded through the State approved purchasing co-op HGAC. This equipment will serve dual purposes of assisting City Departments in the completion of their daily responsibilities with a priority to the Emergency Response Team to adequately respond to emergency situations. History: A quote was requested for replacing current equipment that are past its useful operational life and/or are inadequate or absent to appropriately respond to emergency situations. Vendor selection is based on the financial impact; the completeness of the quote; 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, compliance with specifications, best overall value for the City, etc. Financial Impact: The purchase will consist of one (1) Type III Fire Brush Truck for a total expenditure of $285,387.00. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the quote in its entirety to Hall Buick Pontiac GMC (Tyler, TX). Attachments: None Reviewed by: Ricky Dickson, Director – Operations

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-19-11 - Type III Brush Truck.doc

City of San Angelo



From: Chief Tim Vasquez


Contact: Chief Tim Vasquez


Discussion and possible action relating to consolidation of City of San Angelo Public Safety Communications Center (dispatch) and Tom Green County Dispatch, and to authorize the Chief of Police to negotiate a transition plan including any associated matters involving such consolidation.

Summary: Representatives of the San Angelo Police Department and the Tom Green County Sheriff’s Office have hade preliminary discussions on ways to jointly improve public safety without causing an increase is costs. One way suggested was to consolidate the functions and responsibilities of both communications (dispatch) efforts. Such a move would necessitate a number of in depth negotiations. Once an acceptable agreement is worked, the proposal would be brought back to the respective governmental bodies for further consideration. The Chief of Police is requesting consideration allowing such discussions to take place.

History: Historically there have been several instances in which the City of San Angelo and Tom Green County have actively worked together to improve services to the citizens. The consolidation of communications services has not been specifically addressed, however, preliminary analysis indicates that both an improvement in services and the potential for cost savings is possible. Further negotiation and analysis are necessary to fully determine the feasibility of such a consolidation.

Financial Impact: The financial impact cannot be ascertained at this time. Preliminary indications are that there will be no cost increase and financial savings is probable for both entities.

Related Vision Item (if applicable):


Staff recommends approval be granted to the Chief of Police to negotiate an acceptable transition plan and any other matters related to consolidation of COSA Public Safety Communications and the Tom Green County Dispatch Services.

Attachments: Memorandum outlining rationale, staffing, costing and other considerations

Presentation: Chief Tim Vasquez

Publication:


Approved by Legal:

Printed 9/30/2011

MEMORANDUM DATE: TO: FROM: SUBJECT: The purpose of this presentation is to provide information relating to a possible consolidation of City of San Angelo Public Safety Communications Center (dispatch) and Tom Green County Dispatch, and to authorize the Chief of Police to negotiate a transition plan including any associated matters involving such consolidation with representatives of the Tom Green County Sheriff’s Department and/or the Tom Green County Commissioner’s Court. Rationale

· Consolidation of dispatching services would provide not only potential for monetary savings, but also other benefits.

o increase in public safety through improved response to the public. o All 9-1-1 calls and many non-emergency calls are received through the

COSA public safety communications center. § If in the county, they are then transferred to the Tom Green County

Dispatch Offices. Transfer takes critical time in a true emergency. · Reduce the potential for dispatching errors

o Both agencies would be sitting in close proximity to one another and to communicate directly.

· Reduce the redundancy of operations and equipment o additional radios, consoles, and 9-1-1 call centers

· Personnel necessary to operate individual dispatch centers is greater than the merged need due to minimum staffing requirements.

· Overtime will be reduced o due to full staffing and ability to more readily absorb any vacancy

Personnel Requirements

· SAPD staffing is a minimum of 21 dispatchers and 3 supervisors (24 total). · TGSO currently staffs 6 dispatchers and 1 supervisor (7 total) · SAPD currently employs 18 dispatchers and 3 supervisors

Jeff Fant

City Council

Public Safety Communications consolidation

September 22, 2011

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405


Consideration of nominating candidates to serve on and adopting a Resolution nominating those candidates for the Board of Directors of the Tom Green County Appraisal District for the 2012-2013 Term

Summary: The nomination and appointment process is set out in Section 6.03 of the State Property Tax Code. Appraisal district board members serve 2-year terms. The current terms of the five board members expire on December 31, 2011. The Council may nominate one candidate for each of the five positions. Per Mr. Benson, TGC Appraisal District Chief Appraiser, all five of the current Directors have expressed their willingness to serve another term if elected. Current members of the Board of Directors are as follows:

John Begnaud John Conn Louis Gomez Louis Hall Bob Reeves

Nominee names must be submitted to the TGC Chief Appraiser, by resolution, no later than October 15th, therefore, the nominees should be made no later than the October 4th meeting. Eligibility requirements for serving on the appraisal district board of directors are outlined in Section 6.03(a), 6.035(a)(b), 6.036 and 6.05(f) and are briefly described as follows:

(1) An individual must be a resident of the appraisal district and must have resided in the district for at least two (2) years immediately preceding the date of taking office (Section 6.03(a)). The appraisal district encompasses all of Tom Green County.

Financial Impact: None. Other Information/Recommendation: Letter dated September 13th from the Chief Appraiser provides additional information. A historical summary of the City Council nomination process is also included with this cover memo. Attachments: Resolution

RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, NOMINATING CANDIDATE(S) ELIGIBLE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2012 THROUGH 2013 TERM OF OFFICE

WHEREAS, Section 6.03, Property Tax Code, State of Texas, allows a municipality that is a taxing unit in an appraisal district to nominate one candidate for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District; and WHEREAS, the City of San Angelo is a taxing unit of the Tom Green County Appraisal District; and WHEREAS, the City Council as governing body of the City of San Angelo desires to exercise its right to nominate one candidate for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District for the two year term of office commencing January 1, 2012, through December 31, 2012; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo, Texas: Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That the following eligible individuals be, and are hereby, nominated as candidate(s) for positions on the board of directors of the Tom Green County Appraisal District for a two year term of office commencing January 1, 2012 through December 31, 2013, to be filled by vote of the taxing units participating in the Tom Green County Appraisal District:

1. 2. 3. 4. 5.

Section 3. That the Mayor for the City of San Angelo, as presiding officer, be, and that he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Tom Green County Appraisal District on or before October 14, 2011. Section 4. That this resolution shall take effect immediately from and after its passage, in accordance with the provisions of the State Statutes of the State of Texas.

Section 5. Open Meetings Act. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. Motion made by __________________, seconded by __________________. Motion carried unanimously. PASSED, APPROVED AND ADOPTED ON THE 4TH DAY OF OCTOBER, 2011.

THE CITY OF SAN ANGELO ______________________________ Alvin New, Mayor

ATTEST: _______________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM: _________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney Received in the office of the Chief Appraiser, Tom Green County Appraisal District, on the _____ day of October, 2011. ________________________ Bill H. Benson, Chief Appraiser

Minutes Page 103 October 5, 1993 Vol. 80 NOMINATION OF CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT The City Manager reviewed the background information. Councilwoman Tucker stated that the current directors have performed well. Motion, to nominate Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips as candidates for the Board of Directors of Tom Green County Appraisal District for 1993-95, was made by Councilman Izzard and seconded by Councilman Hiebert. Motion carried unanimously. Page 158 Minutes Vol. 84 October 3, 1995 ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT The Council discussed the function of the board. The City Manager explained the process for selection of the board. Motion, to adopt the resolution nominating Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips for the Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Izzard and seconded by Councilmember Burrows. Motion carried unanimously. Annex F, Page 168, "Resolution" Page 84 Minutes Vol. 87 November 4, 1997 ADOPTION OF RESOLUTION SETTING NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 1998-2000 TERM

City Clerk Carol Rigby presented the results of each Councilmembers vote. Each Councilmember cast 232.5 votes (1/6 of the 1,395 total votes allocated to the City of San Angelo) among the 6 nominees. Councilmember Shrum cast his votes as follows: Mr. Pfluger - 132.5; Mr. Phillips - 100. Councilmember Burrows cast his votes as follows: Mr. Phillips - 232.5. Councilmember Holguin cast his votes as follows: Mr. Bastardo - 232.5. Councilmember Tucker cast her votes as follows: Mr. Burnett - 232.5. Councilmember Ryon cast her votes as follows: Mr. Bastardo - 46; Mr. Burnett - 46; Mr. Denis - 46; Mr. Pfluger - 46; Mr. Phillips - 48.5. Councilmember Mahon cast his votes as follows: Mr. Fuentes - 77.5; Mr. Pfluger - 77.5; Mr. Phillips - 77.5. Motion, to adopt a resolution setting the number of votes to be cast for nominees for the Board of Directors of the Tom Green County Appraisal District for the 1998-2000 term as follows: Mr. Richard Bastardo - 278.5; Mr. Dick Burnett - 278.5; Mr. A.H. AChico@, III - 46; Mr. John Fuentes - 77.5; Mr. Walter Pfluger - 256; Mr. John Phillips - 458.5, was made by Councilmember

Holguin and seconded by Councilmember Burrows. Motion carried unanimously. Annex F, Page 83, AResolution@ Page 610 Minutes Vol. 89 October 5, 1999 ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT City Clerk Kathy Keane presented background information, noting that the Appraisal Board has five members up for reappointment, and Council will need to nominate for these five positions. Ms. Keane further noted that everyone currently serving on the board is eligible for reappointment and willing to serve except Mr. John Fuentes. City Manager Tom Adams noted that this is a two step process. A discussion followed regarding the qualifications needed. Responding to a question from Councilmember Holguin, Ms. Keane noted that Mr. Dean had indicated that Mr. Walter Pfluger and Mr. Louis Gomez had expressed interest in holding these positions. Noting that Mr. Pfluger would be an asset, Councilmember Ryon explained that she had spoken with Mr. Pfluger and she would like to consider him for one of the positions. Councilmembers Shrum and Holguin agreed. Responding to a question from Councilmember Bastardo, Ms. Keane stated that she had not made contact with the Chief Appraiser, but had spoken with Mr. Rusty Dean, the attorney for the Appraisal District, who prepared the Resolution. Noting a possible problem with a Councilmember serving on the Tax Appraisal Board, Councilmember Shrum stated that Louis Gomez was interested as well. Councilmember Shrum further suggested that Mr. Gomez and Mr. Pfluger be substituted for present members John Fuentes and Richard Bastardo. Councilmember Mahon explained that there is a perceived problem with Mr. Bastardo being able to set the tax rate as a member on this board. While this is legally permissible, it is the perception which could be harmful. Councilmember Ryon agreed that this is a problem and questioned if Council should make a rule that Councilmembers can not serve on other boards. Councilmember Shrum noted that some boards have requested City Council representation, however, perception of is the matter of concern. Mr. Adams noted that involvement in certain areas needs to be watched. Councilmember Bastardo noted that it was this Council who voted him in as a member of the Tax Appraisal Board. Mr. Bastardo stated that all the present board members are good people, but

Printed 9/30/2011

· SAPD would absorb TGSO dispatchers to complete authorized staffing. The additional positions would need to be added to authorized staffing numbers.

· Authorized staffing would be increased to: o 27 dispatchers o 4 supervisors o 31 total SAPSC employees (plus computer personnel)

Cost/Savings

· The total annual operating budget for SAPSC is $1,233,522. · Personnel cost are $972,542 (totals may differ due to approved salary increases) · Overtime is budgeted at $9,806 · Operations costs are $251,174 · Cost of additional positions are calculated at actual personnel cost plus any

benefits. · Reimbursement from Tom Green County would be negotiated to cause no

increase in overall budget to the City and potentially some decrease. Other Considerations:

· Bridging Of Longevity For Retirement Purposes · Establishing Seniority · Vacation/Sick Time Accrual And Use · Salary Placement · Qualifications Discrepancies And Suitability For Cross Training · Transfer/Assumption Of Existing Equipment · Means Of Communications (Phone Lines) · Computer Software And Hardware Considerations

Recommendation The SAPD’s recommendation is that approval be granted to continue the discussion of creating a consolidated dispatch center with Tom Green County and the City of San Angelo, allowing the Chief of Police to complete a satisfactory agreement for presentation and final approval by the San Angelo City Council and Tom Green County Commissioners Court

Jeff Fant Assistant Chief San Angelo Police Department 401 E. Beauregard San Angelo, TX 76903 (325) 659-8011 (office) (325) 653-2920 (fax) [email protected]

explained that he has not been on the board for long and has the time to serve. Serving on the Tax Appraisal Board does not hamper his agenda to stay open-minded and attend all the meetings. Mayor Fender explained that when Council voted to have Mr. Bastardo serve, he was not on the Council at the time. Mayor Fender further explained that this is not a personal decision. Councilmember Holguin nominated Councilmember Bastardo. Council discussed how the vote would take place. Each Councilmember will get five votes. An initial vote was taken. The nominees received the following number of votes: Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 4 votes; Councilmembers Shrum, Burrows, Holguin and Mahon Chico Dennis: 4 votes; Councilmembers Shrum, Burrows, Ryon and Mahon John Phillips: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender Walter Pfluger: 5 votes; Councilmembers Shrum, Burrows, Ryon, Mahon and Mayor Fender Louis Gomez: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender Mr. Walter Pfluger was nominated and the Council voted again on the remaining nominees with each Councilmember receiving four votes. The nominees received the following number of votes: Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 5 votes; Councilmembers Shrum, Burrows, Holguin, Mahon and Mayor Fender Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon and Mayor Fender John Phillips: 7 votes; Full Council Louis Gomez: 7 votes; Full Council At this point the following additional persons were nominated: Dick Burnett, John Phillips, and Louis Gomez. Because the number of votes received for Mr. Bastardo and Mr. Dennis were tied, another vote was taken. Richard Bastardo: 3 votes; Councilmembers Burrows, Holguin, and Bastardo Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon, and Mayor Fender Motion, to adopt a resolution nominating Walter Pfluger, Dick Burnett, John Phillips, Louis Gomez, and Chico Dennis for Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Shrum and seconded by Councilmember Mahon. Aye: Shrum, Mahon, Fender, Burrows, Bastardo, and Ryon. Nay: Holguin. Motion carried 6-1. Annex B, Page 619, AResolution@ Page 400 Minutes Vol. 92 October 2, 2001 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT Responding to questions of Councilmembers Holguin and Wardlaw, City Manager Tom Adams

informed that Directors did not have term limits but that the Council was free to nominate their own slate of nominees. He further agreed that future nominations could include information regarding the length of service for each nominee. Motion, to adopt a Resolution nominating candidates for the Board of Directors of the Tom Green County Appraisal District, as presented, was made by Councilmember Mahon and seconded by Councilmember Darby. Motion carried unanimously. Annex C, Page 425, AResolution@ Minutes Page 439 October 7, 2003 Vol. 95 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR THE TOM GREEN COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS City Manager Tom Adams presented background information. Responding to the request of Councilmember Holguin to delay the nomination process, Councilmember Bates noted the Resolution nominating candidates was required to be submitted prior to October 15, 2003. By consensus, the Council requested a letter be drafted for the Mayor’s signature to the Tom Green County Appraisal District requesting the City receive this notice of nomination earlier, perhaps mid August, to ensure sufficient time to more fully consider the nominations to be forwarded to the Chief Appraiser. Councilmember Holguin advised he had other individuals he would have preferred to bring forward. Motion, to adopt a Resolution nominating the following individuals for the Tom Green County Appraisal District Board of Directors: Dick Burnett, A.H. “Chico” Denis III, Louis Gomez, Walter Pfluger and John Phillips, as presented, was made by Councilmember Mahon and seconded by Councilmember Rainey. Aye: Mahon, Rainey, Lown, Morrison, Reeves and Bates. Nay: Holguin. Motion carried 6-1. Annex C, Page 453, “Resolution” Page 271 Minutes Vol. 98 December 13, 2005

APPROVAL OF A RESOLUTION SETTING OUT NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 2006-2007

NOTE: Nominations were not made in 2005

City Manager Harold Dominguez presented background information.

Councilmember Holguin commented on the nominations and repeated requests to facilitate the process. General discussion was held on the time provided to submit votes and required turnaround of the nomination process. Mayor Lown requested staff work with Tom Green County Appraisal District on future nominations.

Motion, to divide votes equally among nominees, was made by Mayor Lown and seconded by Councilmember Rainey. AYE: Lown, Bates, Farmer, Morrison, and Rainey NAY: Holguin. Motion carried 5-1.

Annex J, Page 295, “Resolution”

Page 5 Minutes Vol. 99 September 18, 2007

APPROVAL OF CANDIDATE NOMINATIONS TO SERVE ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY (TGC) APPRAISAL DISTRICT FOR THE 2008-2009 TERM

Mayor Lown suggested the Council consider reviewing the criteria and nominating individuals to serve on the TGC Appraisal District board. He commented the existing board consisted of the same members serving numerous terms. Finance Director Michael Dane stated the nomination process was time sensitive and noted the nomination should be finalized no later than October 15, 2007. Mayor Lown recommended Mr. Louis Hall.

Councilmember Perez-Jimenez requested the item be considered at the Visions meeting on September 27 and 28, 2007. Council concurred. Mayor Lown informed the TGC board meets approximately 7 times a year for 1 to 3 hours.

Mayor Lown recommended the nominees complete an application and forward such to City Clerk Alicia Ramirez.

Page 5 Minutes Vol. 100 October 2, 2007 ADOPTION OF A RESOLUTION NOMINATING LOUIS HALL AS A CANDIDATE FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Motion, to adopt a Resolution nominating Louis Hall as a candidate for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Perez-Jimenez. Motion carried unanimously.

Annex F, Page 25, “Resolution”

Minutes Page 5 November 6, 2007 Vol. 100

ADOPTION OF A RESOLUTION SETTING OUT THE NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Councilmembers submitted their votes as follows: Councilmember Farmer, 199 for Louis Hall; Councilmember Hogg, 49.75 each for Dick Burnett, Louis Hall, Chico Denis, and Walter Pfluger; Councilmember Perez-Jimenez, 199 for Louis Hall; Mayor Lown, 199 for Louis Hall; Councilmember Cárdenas, 199 for Louis Hall; Councilmember Morrison, 199 for John Phillips; and Councilmember Fields, 199 for Louis Hall.

Motion, to adopt a Resolution setting out 49.75 votes for Dick Burnett, 49.75 votes for A.H. “Chico” Denis, 0 votes for Louis P. Gomez, 1044.75 votes for Louis Hall, 49.75 votes for Walter W. Pfluger, and 199 votes for John D. Phillips to be cast for nominees for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Farmer. Motion carried unanimously.

Annex G, Page 89, “Resolution” Minutes Page 505 October 6, 2009 Vol. 101 ADOPTION OF A RESOLUTION NOMINATING CANDIDATES EMILIO PEREZ-JIMENEZ, TIM EDWARDS, VICKIE BOULDEN, BOB REEVES, AND JOHN BEGNAUD AS CANDIDATES FOR THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2010-2012 TERM

City Clerk Alicia Ramirez presented background information. General discussion and nominations were made by the Councilmembers.

Motion, to close nominations, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.

In conclusion, the following nominations were made.

Motion, to adopt a resolution nominating candidates Emilio Perez-Jimenez, Tim Edwards, Vickie Boulden, Bob Reeves, and John Begnaud as candidates for the Board of Directors of the Tom Green County Appraisal District for the 2010-2012 Term, was made by Mayor Pro Tempore Hogg and seconded by Councilmember Adams. Motion carried unanimously.

Annex A, Page, “Resolution”

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September 13, 2011 Mayor Alvin New City of San Angelo P. O. Box 1751 San Angelo, Texas 76902-1751 Re: Nomination of Candidates to Serve on the Board of Directors of the TOM

GREEN COUNTY APPRAISAL DISTRICT for the 2012-2013 Term.

Dear Mayor New:

The process of nominating candidates to serve on the appraisal district board of directors, as provided for in Section 6.03 of the Texas Property Tax Code, has begun. The current two (2) year term of the five (5) member board of directors ends on December 31, 2011.

Chapter 6 of the Tax Code provides for the following steps to be taken:

( 1) The chief appraiser calculates the number of votes to which each taxing unit is entitled and delivers written notice of the voting entitlements before October 1, 2011.

( 2) Each eligible taxing unit may nominate by resolution adopted by its governing body one candidate for each of the five positions to be filled. The resolution must be adopted prior to October 15, 2011.

( 3) The presiding officer of the governing body of the voting unit shall submit the names of its nominees to the chief appraiser prior to October 15, 2011.

( 4) The chief appraiser shall prepare a ballot, listing the candidates alphabetically, and shall deliver the ballot to the presiding officer of each of the voting jurisdictions prior to October 30, 2011.

( 5) The governing body of each taxing unit shall determine its vote by resolution and submit it to the chief appraiser prior to December 15, 2011.

( 6) The chief appraiser shall count the votes, declare the five (5)

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candidates who receive the largest vote totals elected, and submit the results to the governing body of each unit and to the candidates prior to December 31, 2011.

( 7) The elected directors begin their term of office January 1, 2012.

Eligibility requirements for serving on the appraisal district board of directors are outlined in Section 6.03(a), 6.035(a)(b), 6.036 and 6.05(f) and are briefly described as follows:

( 1) An individual must be a resident of the appraisal district and must have resided in the district for at least two (2) years immediately preceding the date of taking office (Section 6.03(a)). The appraisal district

encompasses all of Tom Green County.

( 2) A member of the governing body of a taxing unit may serve (Section 6.03(a)).

( 3) An elected official is eligible to serve (Section 6.03(a)).

( 4) An employee of a taxing unit is not eligible to serve on the board unless the individual is also a member of a governing body or an elected official of a participating taxing unit (Section 6.03(a)).

( 5) An individual is ineligible to serve if the individual is related within the second degree by consanguinity or affinity to an individual who is engaged in the appraising of property for compensation for use in proceedings under this title in the appraisal district (Section 6.035)(2)(1) (2) or owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the individual knew or should have known of the delinquency unless:

(A) the delinquent taxes are being paid under an installment agreement or (B) a suit to collect the delinquent taxes is deferred or abated under Section 33.06 or 33.065.

( 6) Section 6.036 bars certain contractors from serving on the board of directors. A person who contracts with the appraisal district for any purpose is barred. A person who contracts on a tax-related matter with a taxing unit served by the appraisal district is also barred. A person who has a substantial interest in a business that has either type contract is also barred.

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( 7) The chief appraiser may not employ any individual related to a member of the board of directors within the second degree by affinity or within the third degree of consanguinity (Section 6.05(f)).

The taxing units eligible to vote and currently participating in the appraisal district and their voting entitlement under Section 6.03(a), are as follows:

2010 2010 2011TOTAL PERCENT ELIGIBLE

TAXING UNIT NAME TAX LEVY OF LEVY VOTES

1 Christoval I. S. D. 3,012,945.11$ 2.93% 1462 City of San Angelo 28,319,334.28$ 27.53% 1,3763 Grape Creek I. S. D. 1,948,716.76$ 1.89% 954 Miles I. S. D. (Tom Green Part) 312,117.49$ 0.30% 155 San Angelo I. S. D. 40,528,140.21$ 39.40% 1,9706 Tom Green County 23,072,573.13$ 22.43% 1,1217 Veribest I. S. D. 1,042,144.19$ 1.01% 518 Wall I. S. D. 3,129,722.95$ 3.04% 1529 Water Valley I. S. D.(TGC Part) 1,507,172.78$ 1.47% 73

TOTAL TAX LEVY, LEVY PERCENT & ELIGIBLE VOTES 102,872,866.90$ 100.00% 5,000 The 2010 tax levies listed above are as of the published tax rolls of tax year 2010.

Current members of the Board of Directors are as follows:

John Begnaud John Conn Louis Gomez Louis Hall Bob Reeves

All five of the current Directors have expressed their willingness to serve another term if elected.

Please notify me of any questions you may have or of any need for additional information.

Sincerely,

Bill H. Benson, Chief Appraiser Tom Green County Appraisal District

BHB:tc

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