december 4, 2012 city council agenda packet

City Council Agenda of 4 December 4, 2012

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, December 4, 2012

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

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

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Public Comment

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

II. CONSENT AGENDA

1. Consideration of approving the November 20, 2012 City Council Regular meeting minutes

2. Consideration of approving a maintenance service contract for San Angelo Public Safety Communications in the amount of $141,395.88 for calendar year 2013 between the City of San Angelo and Intergraph Corporation authorizing 24/7 technical support and authorizing the City Manager to execute said maintenance contract and any renewal contract thereafter provided the cost does not increase more than 4% each subsequent year (Submitted by Police Chief Tim Vasquez)

3. Consideration of approving an amendment to extend the Neighborhood Stabilization Program (NSP) contract between the City and the Texas Department of Housing and Community Affairs (TDHCA) and authorizing the City Manager to execute related documents (Submitted by Neighborhood and Family Services Director Bob Salas)

4. Consideration of adopting a revised Resolution authorizing the filing of applications with the Texas Department of Transportation for federal transportation assistance in the amount of $1,300,354.00 million with a 20% matching fund requirement of up to $260,071.00 over a five year period under the Transportation Enhancement Grant program, authorized by Title 43, Part 1, Chapter 11, Subchapter E of the Texas Administrative Code, and other state and federal statutes administered by the Texas Department of Transportation


5. Consideration of approving a residential lease renewal located at Lot 37, Group Fishermans Road, 2610 Sleepy Hollow Road (Honaker); and authorizing the City Manager or Interim Water Utilities Director to execute the same (Submitted by Interim Water Utilities Ricky Dickson)

6. Second hearing and consideration of adopting an Ordinance amending speed zones on us Highway 87 frontage roads AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AUTHORIZING ESTABLISHMENT OF A SPEED LIMIT OF 45 M.P.H. ON BOTH EAST AND WEST FRONTAGE ROADS OF US HIGHWAY 87 BEGINNING AT THE INTERSECTION OF US HIGHWAY 87 AND FARM TO MARKET ROAD 2105 EXTENDING SOUTH 2.553 MILES, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

III. REGULAR AGENDA:

D. EXECUTIVE/CLOSED SESSION

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

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

E. PUBLIC HEARING AND COMMENT

7. Discussion, consideration of, and possible action on a petition filed by area landowners seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail (Presentation by Planning Manager AJ Fawver)

8. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-13: Creed Partners, LLC. 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: 1601 KNICKERBOCKER ROAD, APPROXIMATELY 230 FEET FROM THE INTERSECTION OF KNICKERBOCKER ROAD AND SOUTH JACKSON STREET, IN SOUTHWESTERN SAN ANGELO. THIS PROPERTY OCCUPIES 4.086 ACRES OF THE MCNEESE SURVEY 0176.25 ABSTRACT 1641, CHANGING THE ZONING CLASSIFICATION FROM LIGHT MANUFACTURING (ML) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

9. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-14: Basil El-Masri 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: 4028 SOUTH BRYANT BOULEVARD, APPROXIMATELY 350 FEET FROM THE INTERSECTION OF SOUTH BRYANT BOULEVARD AND BEN FICKLIN ROAD. THIS PROPERTY OCCUPIES 4.35 ACRES OF THE E HERMES SURVEY 0174 ABSTRACT 0349, IN SOUTHERN SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM A COMBINATION OF RANCH & ESTATE (R&E) AND GENERAL COMMERCIAL (CG), TO SINGLE ZONING OF GENERAL COMMERCIAL (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

10. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 12-15: Julie Snider 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: 4126 LAKE DRIVE, LOCATED APPROXIMATELY 100 FEET FROM THE INTERSECTION OF LAKE DRIVE AND NORTH BRYANT BOULEVARD; MORE SPECIFICALLY OCCUPYING THE SHORT GEORGE ADDITION, BLOCKS 9 AND 10, 180’ X 484’ TRACT LESS THE SOUTHWEST 0.1020 ACRE, CHANGING THE ZONING CLASSIFICATION FROM RANCH & ESTATE (R&E) TO A GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager AJ Fawver)

11. Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COSADC) to approve and execute the lease document between COSADC and Angelo State University Small Business Development Center in the Business Resource Center at 69 North (Presentation by Community and Economic Development Director Shawn Lewis)

12. Discussion and consideration of City’s Water Conservation Credit Program (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

13. Public Hearing and consideration of approving the 2011 Consolidated Annual Performance and Evaluation Report (CAPER) (Presentation by Neighborhood and Family Services Director Bob Salas)

14. Consideration of adopting a Resolution ratifying the application for a Public Health Emergency Preparedness Discretionary Funds Grant in the amount of $134,419.00 from the Texas Department of State Health Services to establish a public health emergency response center at the San Angelo City Hall Complex which requires the City to contribute a ten percent (10%) match in funds in an amount of $13,442.00; and authorizing the City to accept such grant funds for FY 2013, if awarded, and authorizing the City to pay the match in the amount of $13,442.00; and authorizing the City Manager to execute any necessary and related documents (Presentation by Health Services Director Sandra Villarreal)

15. Consideration of adopting a Resolution ratifying the application for 1115 Waiver Funds in the amount of $960,000.00.00 from the Texas Health and Human Services Commission to establish a sexually transmitted disease clinic at the City of San Angelo-Tom Green County Health Department which requires the City to contribute a forty percent (40%) match in funds in an amount of $400,000.00 over a four (4) year period beginning FY 2013; and authorizing the City to accept such 1115 Waiver Funds beginning FY 2013 and continuing through FY 2016, if awarded, and authorizing the City to pay the


match in the amount of $400,000.00; and authorizing the City Manager to execute any necessary and related documents (Presentation by Health Services Director Sandra Villarreal)

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

17. Second Public Hearing and consideration of adopting an Ordinance amending the 2012-2013 Budget for encumbrances, restricted and dedicated moneys, incomplete projects, and grants which necessitate budget amendments (Presentation by Budget Manager Morgan Trainer)

18. Consideration of adopting a Resolution authorizing the City Manager or his designee to execute a lease agreement with the San Angelo Performing Arts Coalition (SAPAC) providing for the lease of office space by SAPAC on the west mezzanine of the City Hall Building (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

19. Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation to approve the expenditure of up to $23,000.00 from half cent sales tax funds for cabinets, shelving, guest waiting furniture, décor/artwork, receptionist desk, and landscaping for the new Business Resource Center (Presentation by Community and Economic Development Director Shawn Lewis)

20. Discussion and consideration of closing City of San Angelo offices on Monday, December 31, 2012 and Tuesday, January 1, 2013 to coincide with Tom Green County offices New Year’s holiday (Requested by Councilmembers Adams and Silvas)

F. FOLLOW UP AND ADMINISTRATIVE ISSUES

21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 22. Consideration of approving various Board nominations by Council and designated Councilmembers:

a. Parks and Recreation Advisory Board: Anthony Delacruz (SMD1), Mike Campbell (SMD2), Louis Perez (SMD3), Mary Palos (SMD4), Donald Barnhart (SMD5), Debbie Cross (SMD6), and Gloria Henderson (Mayor)

23. Consideration of approving appointments to Mental Health Mental Retardation (MHMR) Services for the Concho Valley Board of Trustees recommended by Liaison Representative Committee

24. Announcements and consideration of Future Agenda Items 25. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, November 27, 2012, at 6:00 P.M.

________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 111 Tuesday, November 20, 2012 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, November 20, 2012, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by David Smith, Pastor of the Word of Life Church and pledge was led by Meagan Thompson, Kindergartener at Fort Concho Elementary and daughter of employees Juanita Thompson, Water Billing, and Steven Thompson, Information Technology.

RECOGNITION

Ramon Lozada, employee of the Concho Valley Transit District, for his effort in assisting a fellow citizen in his time of need.

PUBLIC COMMENT

Councilmember Silvas commented on the water service reconnect fee charge and requested the item be considered on a future agenda.

Mayor New announced the memorial for Hunt for Heroes event at Kids Kingdom, November 21, 2012, at 12:15 p.m. and invited all to attend.

CONSENT AGENDA

APPROVAL OF THE NOVEMBER 6, 2012 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

FD-04-12: 2013 EMS supplies, Bound Tree, MidWest Medical Supply, Henry Schein, and Quad Med, up to $117,912.00 (Submitted by Fire Chief Brian Dunn) WU-13-12: Water Quality Laboratory Inventory Supplies, Various Vendors: Environmental Express, Fox Scientific, Inc., and Hach Compa, up to $35,000.00 (Submitted by Assistant Director of Water Utilities Tom Kerr) WU-11-12: Water Utilities Inventory Supplies, Various Vendors: Benmark Supply, Municipal Waterworks, HD Supply Waterworks, Morrison Supply, Plastic Wholesale Plumbing, and Western Industrial Supply, up to $200,000.00 (Submitted by Assistant Director of Water Utilities Tom Kerr)

Minutes Vol. 104 November 20, 2012 ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM (TAX-RESALE) DEED CONVEYING THE FOLLOWING TAX LOT: (SUBMITTED BY REAL ESTATE ADMINISTRATOR CINDY PREAS) (PAGE 119, #2012-11-165)

507 N FARR STREET, (GONZALEZ), LOT 16, BLOCK 9, MILES ADDITION, $11,000, SUIT NO. B-03-0099-T

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH GOODFELLOW AIR FORCE BASE READINESS AND EMERGENCY MANAGEMENT FLIGHT PROVIDING FOR EMERGENCY AND MUTUAL AID ASSISTANCE IN PREPARATION FOR AND RESPONSE TO DISASTER OR CIVIL EMERGENCIES (SUBMITTED BY EMERGENCY MANAGEMENT COORDINATOR RON PERRY) (PAGE 121, #2012-11-166)

CONSIDERATION OF ADOPTING A RESOLUTION ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2012 BULLETPROOF VEST PARTNERSHIP GRANT IN THE SUM OF TWELVE THOUSAND FIVE AND 25/100 DOLLARS ($12,005.25), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (SUBMITTED BY POLICE CHIEF TIM VASQUEZ) (Discussed In Regular Session)

CONSIDERATION OF ADOPTING OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND ACCEPT DISTRIBUTION OF GRANT FUNDS IN THE SUM OF $24,978.00, FROM THE TEXAS PRESERVATION TRUST FUND, TEXAS HISTORICAL COMMISSION, FOR REIMBURSEMENT OF COSTS AND EXPENSES INCURRED FOR THE PRESERVATION AND RESTORATION OF THE HISTORIC CITY HALL BUILDING, AND TO COMPLY WITH THE REQUIREMENTS OF THE FUNDING AGREEMENT (SUBMITTED BY ASSISTANT CITY MANAGER RICK WEISE) (Discussed in Regular Session)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF PUBLIC RIGHT-OF-WAY IN MILLER J A SUBDIVISION & F T ADDITION, BLOCK 49 IN CENTRAL SAN ANGELO (SUBMITTED BY PLANNING MANAGER AJ FAWVER) (PAGE 123, #2012-11-167)

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A 20' X 140' SEGMENT RUNNING NORTH TO SOUTH BETWEEN LOTS 1-5 AND LOT 6 IN BLOCK 49 OF THE BEAVER F T ADDITION AND MILLER J A SUBDIVISION, IN CENTRAL 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

SECOND HEARING AND ADOPTION OF AN ORDINANCE RE-ESTABLISHING NIGHT TIME CURFEW HOURS FOR MINORS AND RELATED MATTERS (SUBMITTED BY POLICE CHIEF TIM VASQUEZ) (Discussed in Regular Session)

AN ORDINANCE READOPTING CHAPTER 8, ENTITLED "OFFENSES AND NUISANCES," ARTICLE 8.800, ENTITLED "CURFEW HOURS FOR MINORS,” SECTIONS 8.801 THROUGH 8.807 OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR REVIEW

Minutes Page 113 November 20, 2012 Vol. 104 OF THIS ORDINANCE WITHIN THREE (3) YEARS AFTER THE DATE OF ADOPTION; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

ADOPTION OF A RESOLUTION ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2012 BULLETPROOF VEST PARTNERSHIP GRANT IN THE SUM OF TWELVE THOUSAND FIVE AND 25/100 DOLLARS ($12,005.25), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (Page 125, #2012-11-168)

Responding to questions from Councilmember Farmer, Mr. Dane informed to date auditing procedures been not been put in place to track any grant.

Council members directed staff to create an itemized list of all grants, by department, grant date, received, and disbursed in order to keep up with public dollars and accounting of any grant.

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

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR AND ACCEPT DISTRIBUTION OF GRANT FUNDS IN THE SUM OF $24,978.00, FROM THE TEXAS PRESERVATION TRUST FUND, TEXAS HISTORICAL COMMISSION, FOR REIMBURSEMENT OF COSTS AND EXPENSES INCURRED FOR THE PRESERVATION AND RESTORATION OF THE HISTORIC CITY HALL BUILDING, AND TO COMPLY WITH THE REQUIREMENTS OF THE FUNDING AGREEMENT (Page 127, #2012-11-169)

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

SECOND HEARING AND ADOPTION OF AN ORDINANCE RE-ESTABLISHING NIGHT TIME CURFEW HOURS FOR MINORS AND RELATED MATTERS (Page 129, #2012-11-170)

AN ORDINANCE READOPTING CHAPTER 8, ENTITLED "OFFENSES AND NUISANCES," ARTICLE 8.800, ENTITLED "CURFEW HOURS FOR MINORS,” SECTIONS 8.801 THROUGH 8.807 OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT; PROVIDING FOR REVIEW OF THIS ORDINANCE WITHIN THREE (3) YEARS AFTER THE DATE OF ADOPTION; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE

Councilmember Farmer requested the item to be discussed in the regular agenda due to a request from a citizen.

Chief Vasquez presented background information. A copy of the presentation is part of the permanent Supplemental Minute Record.

Councilmember Silvas requested the information presented today be displayed and available to the public via various advertising mediums.

Minutes Vol. 104 November 20, 2012 Public comment was made by Citizens Betsy Ryan and Jim Turner.

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

Responding to questions from Councilmember Alexander, Chief Vasquez stated if a juvenile is out in public after the designated curfew, the juvenile may receive a citation.

Responding to questions from Councilmember Adams, Chief Vasquez stated there is not a threshold as to the number of citations issued to determine whether the ordinance is no longer needed; however, he cautioned the Council on eliminating this valuable tool available to officers.

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

PRESENTATION AND DISCUSSION OF THE CITY OF SAN ANGELO’S FY2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) BY THE CITY’S AUDITING FIRM

Assistant City Manager / Chief Financial Officer Michael Dane and the City’s external auditing firm, Freddy Moore and Gayla Thorn of Armstrong, Backus and Company presented background information.

Auditors informed the Council on the following findings:

• Per Governmental Accounting Standards Board Financial Accounting rules, the Texas Municipal Retirement System unfunded liability will be reported in the balance statements noting that such reporting will affect the City’s net assets.

• Single audit finding: Full amount of grant received in August 2011 but only spent a portion of the grant. Per accounting rules, grants must be segregated to ensure any interest made on the funds is returned to grantor. City staff deposited grant in a pooled account and there is no way to determine how much interest was made on the grant.

• Passenger Facilities Charge Program: An expenditure was made in one year but reported in another year. Proper accounting and accrual of expenditures ensures that the expenditures are recorded in the year in which they are incurred.

Auditors noted all three instances resulted in non-accounting employees monitoring the grants and not necessarily understanding the financial component of tracking grant requirements.

Councilmember Farmer recommended the City assign a designated staff person to oversee grants, specifically grant compliance. City Manager Daniel Valenzuela stated staff is currently exploring a solution to resolve this issue. Mr. Dane reported, to date, no interest or fine has been paid by the City.

General discussion was held on reducing unfunded liabilities by a compensated balance in place, unfunded retiree benefits, implementing a plan to cover these unfunded liabilities, and conducting reviews of the required rate of return on the retirement systems. City Council requested staff disclose these types of liabilities whether required on the statement or not. The Auditors welcomed Council’s request so they may tailor and conduct their report findings during the audit process.

Responding from questions by Council, Mr. Valenzuela remarked he was satisfied with the results of the audit noting the standard procedures have been followed, welcomed suggestions regarding the reporting methodology, and informed he will be closely involved in the next audit process.

Minutes Page 115 November 20, 2012 Vol. 104 RECESS

At 10:08 A.M., Mayor New called a recess.

RECONVENE

At 10:24 A.M., Council reconvened, and the following business was transacted:

PRESENTATION OF THE CHAMBER OF COMMERCE 3RD QUARTER REPORTS: ECONOMIC DEVELOPMENT AND THE CONVENTION & VISITORS BUREAU (CVB)

VP Marketing & Recruitment John Dugan and CVB Vice President Pamela Miller presented background information.

General discussion was held on the progress of the strategic plan, success of attending and leads obtained from various exposition events, available tax incentives, Smith report on occupancy of hotels – weekly versus one night; stated reasons for lost business due to lack of rooms, rates are too high, or lack of a full service hotel; and the Chamber’s efforts to recruit volunteers for Ft. Concho Christmas event. Ms. Miller noted tourist view San Angelo as a great get-a-way from the big city.

POSTPONEMENT OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC) PROVIDING FOR THE LEASE OF OFFICE SPACE BY SAPAC ON THE WEST MEZZANINE OF THE CITY HALL BUILDING

Assistant City Manager/Chief Financial Officer Michael Dane presented background information.

General discussion was held on the insurance requirements for City Hall, the city’s responsibility to provide structural coverage for city hall and auditorium, the proposed lease agreement for the Mezzanine area, contractual concerns expressed regarding SAPAC’s responsibility and benefits received on behalf of the City, and what benefits the City receives from this contractual obligation.

Mayor suggested staff present all related matters so Council may review and possibly support the agreement. Council concurred and suggested postponing the item to a future agenda. Council concurred.

POSTPONEMENT OF THE DISCUSSION AND PRESENTATION ON THE WATER CONSERVATION CREDIT PROGRAM

Mayor New postponed the item to a future meeting. Council concurred.

DISCUSSION ON COSTS RELATED TO TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) COST OF LIVING ADJUSTMENT INCREASE

Assistant City Manager/Chief Financial Officer Michael Dane presented background information.

General discussion was held on the legal constraints, state statute requirements, and the $1M cost to the City should the benefit be adjusted and increased.

Mayor expressed his concern that the information presented was insufficient to render action, specifically whether Council should consider if 7% or 14% are the correct percentages, the restrictions and implications of this action, and how these changes will affect the entire benefit for employees and retirees.

City Manager Daniel Valenzuela stated this topic will be included in the strategic plan discussions scheduled for January 2013 and discussions will include short and long term plans.

Minutes Vol. 104 November 20, 2012 Councilmember Farmer suggested forming a committee to review the issues associated with TMRS. She suggested the committee member composition should include the City Manager, Assistant City Manager, and other key members.

Motion, to form a committee, was made by Councilmember Farmer. Motion failed due to lack of a second.

General discussion was held to commit these discussion items as Council addresses the dental and retirement benefits during the budget process, including funding mechanisms. Mr. Valenzuela stated as the topic is considered during the January 2013 workshop, discussion should also include establishing a plan of action, and thereafter, formalize a committee.

Public comments were made by Retirees Russell Smith and Greg Mackey.

Councilmember Adams suggested inviting Mr. Smith to participate in the committee.

DISCUSSION OF THE FISCAL YEAR 2013 BUDGETED CAPITAL FUNDING AS IT RELATES TO THE 2012-2017 CAPITAL IMPROVEMENT PLAN (CIP) FOR THE CITY OF SAN ANGELO

Budget Manager Morgan Trainer presented background information. A copy of the presentation is part of the permanent Supplemental Minute Record.

General discussion was held on providing and identifying funding for the proposed projects, disclosing how funding will be used, conducting the appropriate reviews as associated fees are increased, and revealing the impact of the increase fees thereby potentially reducing the property tax rate.

City Manager Daniel Valenzuela stated staff will recommend a priority list with the related funding mechanisms.

Councilmember Alexander requested staff forward the key dates for further participation by City Council members as well as the public. Assistant City Manager/Chief Financial Officer Michael Dane stated the dates may be adjusted due to the strategic workshop meeting in January.

City Engineer Clinton Bailey provided a brief update on the stormwater priority project.

Councilmember Farmer requested an update on the various CIP projects submitted and approved in the planning document since the inception of the plan. She also suggested the updates should be available on the website for public review.

RECESS

At 12:15 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

Council did not convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

RECONVENE

At 1:00 P.M., Council reconvened, and the following business was transacted:

Minutes 7 November 20, 2012 Vol. 104 FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS, AND GRANTS WHICH NECESSITATE BUDGET AMENDMENTS

Budget Manager Morgan Trainer presented background information.

General discussion was held on the website budget item, specifically regarding the recommended amount of $90K proposed by staff. Staff provided the minutes from May 1, 2012 when the design for the website was approved clarifying Council had authorized $40K. Council suggested removing the item from this Ordinance and staff present the item with their recommendation on the scope of the project with all associated background information including prior Council approval at a future meeting.

Motion, to introduce the Ordinance, as presented, with the exception of the website item for $90K, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING SPEED ZONES ON US HIGHWAY 87 FRONTAGE ROADS

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AUTHORIZING ESTABLISHMENT OF A SPEED LIMIT OF 45 M.P.H. ON BOTH EAST AND WEST FRONTAGE ROADS OF US HIGHWAY 87 BEGINNING AT THE INTERSECTION OF US HIGHWAY 87 AND FARM TO MARKET ROAD 2105 EXTENDING SOUTH 2.553 MILES, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

City Engineer Clinton Bailey presented background information. A copy of the presentation is part of the permanent Supplemental Minute Record.

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

TIE VOTE TO CLOSE CITY OF SAN ANGELO OFFICES ON MONDAY, DECEMBER 31, 2012 AND TUESDAY, JANUARY 1, 2013 TO COINCIDE WITH TOM GREEN COUNTY OFFICES NEW YEAR’S HOLIDAY

Human Resources Director Lisa Marley presented background information.

Motion, to close City offices on Monday, December 31, 2012, as presented, was made by Councilmember Silvas and seconded by Councilmember Alexander. AYE: Alexander, Morrison, and Silvas. NAY: New, Hirschfeld, and Farmer. Motion tied 3-3, thereby rendering the issue null and void.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Ft. Concho Museum Board: James Dusek (SMD6) and Paul Stanley (Mayor)

Motion, to approve various board nominations by Council and designated Councilmembers, was made by Mayor New and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Minutes Vol. 104 November 20, 2012 ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Daniel Valenzuela distributed the proposed December 4, 2012 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

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

The meeting adjourned at 1:27 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk 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.)

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

City of San Angelo

Memo Date: 11/14/12

To: Mayor and Councilmembers

From: Chief Tim Vasquez

Subject: Agenda Item for December 4, 2012 Council Meeting

Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Item

Consideration of approving a maintenance service contract for San Angelo Public Safety Communications in the amount of $140,231.88 for calendar year 2013 between the City of San Angelo and Intergraph authorizing 24/7 technical support and authorizing the City Manager or his designee to execute said maintenance contract and any renewal contract thereafter provided the cost does not increase more than 4% each subsequent year

Summary: This is an annual service contract that provides 24/7 technical support for Intergraph Public Safety products. This service can not be supported or purchased locally. History: The City of San Angelo selected Intergraph as its Public Safety Software vendor in 1999 and each year following a maintenance contract has been purchased. Financial Impact: The Intergraph maintenance contract for this year is $140,231.88. The funds for the contract are budgeted in the San Angelo Public Safety Communications Budget FY 2012-2013. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval of Intergraph maintenance contract. Attachments: Intergraph quote # 1-6W7B3F, Intergraph Maintenance Terms, and US

Maintenance Terms Presentation: None Publication: N/A Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, November 14,

2012

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Security, Government & Infrastructure (SG&I) U.S. Maintenance Terms and Conditions for Software

This document (“Terms and Conditions”) and the Quote to which these Terms and Conditions are attached set forth the terms and conditions for the maintenance of software and related support services by Intergraph Corporation, doing business as the Security, Government and Infrastructure Division (“Intergraph”) for Customer.

1. DEFINITIONS

1.1. “Affiliate” means any entity or person controlled by or under common control of Intergraph Corporation. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Intergraph Corporation is as well deemed an Affiliate of any other Affiliate of Intergraph Corporation; also Intergraph Corporation is an Affiliate of any of its Affiliates.

1.2. “Agreement” means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein.

1.3. “Coverage Period” means the period of performance set forth in the Quote.

1.4. “Covered Products” means the software listed on the Quote for which Services are to be provided to Customer by Intergraph. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software.

1.5. “Customer” means the entity or person purchasing Services.

1.6. “Quote” means a quotation for Services submitted to Customer by Intergraph or an authorized Intergraph partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Intergraph, according to, Section 3.2 and/or Section 12.1.

1.7. “Services” means the maintenance and support services for Covered Products that are further described in the Agreement.

1.8. “Software Product” includes Intergraph’s or Intergraph’s Affiliate’s computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and “online” or electronic documentation, all copies, and any Updates of such Software Products. Software Products

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are subject to all of the terms and conditions of the End-User License Agreement (“EULA”) provided with the Software Product.

1.9. “Third Party Software” means computer software or other technology in which any person or entity, other than Intergraph or Intergraph’s Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the third party’s software license or similar agreement (“SLA”) provided with the Third Party Software.

1.10. “Update(s)” means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer’s current version of the Covered Products.

1.11. “Upgrade(s)” means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products.

2. AUTHORIZATION OF SERVICES

By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote; (c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a Quote, Customer authorizes Intergraph to provide the Services for Covered Products during the Coverage Period in accordance with the Agreement. The Services will be provided by Intergraph in accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become binding and effective upon the written acceptance by Intergraph or the first delivery of the Services set forth in the Quote, whichever is earlier.

3. TERM

3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only.

3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Intergraph will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Intergraph, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests.

4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE

4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the “Renewal Coverage Period”) shall begin on the first day after the

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expiration or termination of the last paid-in-full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Intergraph will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then-current month.

4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased.

5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS

Services described in this Section apply to Software Products only. Services for Third Party Software are set forth in Section 10.

Intergraph offers two levels of Services for Software Products included in the Covered Products: Standard Support and Premium Support. Under both levels of Services, Intergraph shall provide reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide general advice as to the use of the Software Products included in the Covered Products. The level of Services will be set forth on the Quote and will include the following:

5.1. Standard Support: Standard Support will include and be limited to the following:

5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Intergraph’s Customer Support Web Site where available at http://esupport.intergraph.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM – 5PM at Customer’s local time, excluding Intergraph-observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer’s local Intergraph office.

5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Intergraph will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the “Support Notices and Announcements” section on the Customer Support Web Site or applicable local support website or via direct notification by Intergraph. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Intergraph. Updates are shipped to Customer upon Customer request. Intergraph is not obligated to produce any Updates.

5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem

Knowledge Base, an on-line self-help tool.

5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning

http://esupport.intergraph.com/�

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production is down), then phone support is also available after-hours and on Intergraph-observed holidays.

Intergraph may not provide both levels of support for all Software Products in all countries. Customer may choose any level of Services offered, however all Software Products included in the Covered Products under the Agreement must have the same level of Services when available.

Services are only available for the current version and the one version prior to the current version of a particular Software Product. Services are limited to the specific Software Products listed on the Quote and functioning on the appropriate Intergraph-supported operating system.

6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER’S OBLIGATIONS

Performance of Services by Intergraph is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (collectively, minimum system requirements and customer obligations hereinafter referred to as “Customer Obligations”):

6.1. Customer’s hardware and operating system software must meet the minimum system requirements specified by Intergraph and made available to Customer upon request.

6.2. Customer’s system must have input and output devices that enable the use of Intergraph’s diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Intergraph upon request.

6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products.

6.4. Customer will ensure availability of its own system technical support personnel so that Intergraph can fulfill its Service obligations.

6.5. When reporting problems to Intergraph’s Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Intergraph to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed.

6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Intergraph through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Intergraph.

6.7. Customer is solely responsible for assuring the compatibility of non-Intergraph products with products provided by Intergraph.

6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Intergraph will not be liable for lost data.

In addition, Customer shall provide for any other requirements reasonably specified by Intergraph and related to the rendition of the Services to be met.

If Customer fails to fulfill its Customer Obligations, Intergraph is entitled to bill Intergraph’s time and effort made necessary by Customer’s failure at Intergraph’s currently stated hourly rates.

7. EXCLUDED SOFTWARE SERVICES

Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively “Excluded Services”):

7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration 7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System-level tuning and optimization and system administration support

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7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in

accordance with Section 8 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of

Services 7.10. Services required due to modifications of Covered Products by Customer. In the case of

Intergraph software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products

7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer’s disregard of the installation and operating instructions according to the documentation provided with the Covered Products

7.12. Services required due to failure of software or hardware not supplied by Intergraph and not covered in the Agreement

7.13. Services required due to Customer’s use of hardware or software that does not meet Intergraph specifications or failure of Customer to maintain or perform industry standard maintenance on Customer’s hardware or software

7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Intergraph, or used with peripherals, operational equipment or accessories not conforming to Intergraph’s specifications

7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Intergraph’s fault.

7.16. Services required due to customer’s failure to fulfill the Customer Obligations set forth in Section 6

7.17. Services required due to faulty or incomplete Customer data.

When ordered by Customer, Excluded Services or other software maintenance support services that are outside the scope of this Agreement will be billed by Intergraph according to the stated hourly rates and material prices in effect at the time such service is performed.

8. SYSTEM SUPPORT TECHNICIAN

8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services (“Authorized Contacts”).

8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Intergraph to handle them efficiently. Authorized Contacts must have successfully completed Intergraph product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer’s operating system, network, and hardware and software systems. Customer agrees to promptly notify Intergraph of any replacement of an Authorized Contact.

9. REMOTE ACCESS

Customer will permit Intergraph to electronically access Customer’s system via SecureLink™. SecureLink™ is a tool for providing secure, auditable remote access to Customer’s system in order for Intergraph support personnel (“Customer Support”) to effectively troubleshoot critical or complex

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problems and to expedite resolution of such issues. The Authorized Contacts should be available to assist Intergraph Customer Support as needed during this entire process. Customer Support will only access Customer’s system with the knowledge and consent of Customer. For local variances specific to the use of remote access tools other than SecureLink™, Customer should contact the local Intergraph support office.

10. THIRD PARTY SOFTWARE

Support and Updates of Third Party Software shall be provided in the fashion and to the extent or duration that Intergraph is authorized to provide such by the third party manufacturer of the Third Party Software, and such Third Party Software Services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software.

Services and Updates for any Third Party Software that are not listed on the Quote must be obtained from the third party owner of the products or their designated representative.

11. REQUIRED COVERAGE

11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2.

11.2. Prerequisite Licenses. All prerequisite Intergraph software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote.

12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS

12.1. Additions of Covered Products to Maintenance.

12.1.1. Additional Software Products from Intergraph. In the event Customer purchases additional licenses of Software Products from Intergraph during the term of this Agreement, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement.

12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Intergraph in writing about the newly acquired Software Products, and upon receipt of such notice, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Intergraph may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement.

12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services

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may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote.

12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the then-current Intergraph Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product.

12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Intergraph on a “Software Relinquishment Agreement” that the copies of the Covered Product for which Customer desires to cease Services (the “Relinquished Licenses”) for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re-purchase the licenses at the then current list price.

13. PAYMENT

13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice.

13.2 Past Due Accounts. INTERGRAPH RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Intergraph, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (iii) under any agreement between Intergraph and Customer’s parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Intergraph shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Intergraph is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees and court costs.

13.3 Customer’s Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Intergraph within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period.

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14. CUSTOMER WARRANTIES

During the Coverage Period, Customer shall commit to the following:

14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Intergraph so that Intergraph may issue a revised Quote to Customer.

14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote.

14.3. Customer shall, and Customer shall cause each of Customer’s employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement.

15. INTELLECTUAL PROPERTY

15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Intergraph, Intergraph’s Affiliate or applicable third party, and are licensed in accordance with the then current Intergraph EULA, EULA of Intergraph’s Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer’s request, Intergraph shall provide customer with such EULA or SLA. Upon Intergraph’s request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA.

15.2. Confidential Information. Intergraph and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement “Confidential Information” shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. The terms and conditions, and existence, of this Agreement shall be deemed Confidential Information. Confidential Information also shall include, whether or not designated “Confidential Information” (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Intergraph or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers.

Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Intergraph shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature.

The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it,

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generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information.

16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS

16.1. Limited Warranties.

16.1.1. Intergraph Services Warranty. Intergraph warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Intergraph of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement.

16.1.2. Intergraph Software Warranty. Intergraph warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Intergraph Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products.

16.1.3. Pass-Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer.

16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW.

16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Intergraph’s entire liability and Customer’s exclusive remedy shall be, in Intergraph’s sole and absolute discretion, either (i) providing of a Service, Covered Product,

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or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement.

Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose.

16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO INTERGRAPH DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

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18. TERMINATION

This Agreement may only be terminated prior to its expiration in the following ways:

18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party’s business.

18.2. Customer fails to pay Intergraph any amount when due (i) under this Agreement; or (ii) under any other agreement between the parties.

18.3. Customer’s license to the Covered Products for which Customer has purchased Services is terminated.

19. RESTRICTIONS

19.1. Non-Solicitation of Employees. Customer agrees that it will not, without the prior written consent of Intergraph, solicit or hire any Intergraph employee, or induce such employee to leave Intergraph’s employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. Customer agrees that a breach of this provision would cause actual and substantial damages to Intergraph such that it would be very difficult to calculate actual damages. Accordingly, any such breach will entitle Intergraph to recover liquidated damages from Customer in the amount equal to one (1) year of the affected employee’s annual salary plus benefits for each such breach, as well as expenses, costs, and reasonable attorneys’ fees incurred by Intergraph in seeking enforcement of this Agreement. Customer agrees that the foregoing amount is intended to be, and in fact is, a reasonable estimate of the actual damages that would be incurred by Intergraph if Customer were to breach this provision, and that this amount is not intended to be, and in fact is not, a penalty. In addition, Intergraph shall be entitled to equitable or injunctive relief to prevent further breaches. For purposes of this Section, the term “employee” means employees of Intergraph and/or any Intergraph subsidiary and/or any of Intergraph’s subcontractors who directly support Customer.

19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies.

19.2.1. For civilian agencies: The Covered Product was developed at private expense and is “restricted computer software” submitted with restricted rights in accordance with the Federal Acquisition Regulations (“FAR”) 52.227-19 (a) through (d) (Commercial Computer Software – Restricted Rights).

19.2.2. For units of the Department of Defense (“DoD”): The Covered Product was developed at private expense and is “commercial computer software” submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations (“DFARS”) DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation).

19.2.3. Notice: The Covered Product is “commercial computer software” as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes “technical data” as defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this “commercial computer software” shall be in strict accordance with the manufacturer’s standard commercial license, which is attached to and incorporated into the governing Government contract.

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Intergraph and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States.

19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Intergraph, its subsidiaries or distributors (collectively, “Export Controlled Products”) are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re-exported, directly or indirectly (including via remote access), under the following circumstances:

19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries.

19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.gov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html).

19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses.

19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place.

Any questions regarding export or re-export of an Export Controlled Product should be addressed to Intergraph Corporation’s Export Compliance Department, 19 Interpro Road, Madison, Alabama, United States 35758 or at [email protected].

20. TAXES

All charges under this Agreement are exclusive of each and every country’s federal, provincial, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees (“Taxes”). Customer shall be liable for, and shall indemnify and hold Intergraph harmless from and against, any and all Taxes. Taxes shall expressly exclude any federal, state, municipal, or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Intergraph’s income, capital and/or assets. The total invoice amount for charges under this Agreement is subject to increase by the amount of any Taxes which Intergraph is required to withhold, collect, or pay regarding the transactions under this Agreement so that Intergraph receives the full amount of the charges on Intergraph’s invoices. Any certificate to exempt the Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer’s expense.

21. GENERAL

21.1. Third Party Providers. Intergraph reserves the right to provide Services through a third party provider.

21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior

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discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Intergraph does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express written consent of Intergraph. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original.

21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Intergraph and Customer, with the latest addendum taking precedence over any earlier addenda; (ii) the Quote; and (iii) these Terms and Conditions.

21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement.

21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions.

21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party’s right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement.

21.7 Notices. Any notice or other communication (“Notice”) required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph’s address for Notices is Intergraph Corporation, 19 Interpro Road, Madison, Alabama 35758, Attn: SG&I Contracts, M/S IW17A1.

21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this Agreement, without Customer’s approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by Customer to sublicense, assign or transfer any of Customer’s rights or obligations under this Agreement, except as expressly provided in this Agreement, is void.

21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement

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for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure.

21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

21.11 Waiver of Jury Trial. Intergraph and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement.

21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together.

21.13 Attorneys’ Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys’ fees and costs for all such legal proceedings, including for trial and all levels of appeal.

21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer’s convenience only.

21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination.

SGI-092410b

Quote: 1-6W7B3F- City of San Angelo TX - SW 2013

San Angelo TX City Of

Performance Period: 01/01/2013 Through 12/31/2013Account Nbr: MDC-2222

PO#: TBD

Service Level: Premium

Ship To:Bill To:

San Angelo TX City OfAttn: Accounts Payable401 East Beauregard AvenueSan Angelo, TX 76903USA

San Angelo TX City OfAttn: Sgt. Victor Vasquez401 East Beauregard AvenueSan Angelo, TX 76903USA

DescriptionBase Part MthCost

QtyCoverage TotalCost

End MthsBeginSerialLn

Site Number: 000857192 IPS0001 I/Executive MME-1-ZBH7 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $689.00 $8,268.003 IPS0002 I/Dispatcher MME-1-1K3WS 01/01/2013 12/31/2013 Ph Supp with Upg's 12 9 $295.00 $31,860.004 IPS0004 I/Informer MME-1-ZBHR 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $394.00 $4,728.005 IPS0004A I/Informer to I/LEADS MME-1-ZBHT 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $0.00 $0.006 IPS0007 I/Executive 2 MME-1-ZBHV 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $491.00 $5,892.007 IPS0009 I/Mobile Data Terminal MME-1-ZBHX 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $788.00 $9,456.008 IPS0015 I/Tracker 1-233977243 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $446.00 $5,352.009 IPS0019 I/LEADS-Server MME-1-ZBIB 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $375.00 $4,500.0010 IPS0020 I/LEADS-Records Management System - MME-1-1K585 01/01/2013 12/31/2013 Ph Supp with Upg's 12 60 $28.00 $20,160.0011 IPS0022 I/LEADS-Incident Based Reporting MME-1-ZBLP 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $171.00 $2,052.0012 IPS0030 I/LEADS-CAD Link MME-1-ZBLT 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $0.00 $0.0013 IPS0038 I/Mobile MME-1-ZBN1 01/01/2013 12/31/2013 Ph Supp with Upg's 12 112 $20.00 $26,880.0014 IPS0042A I/NetViewer - 15 users MME-1-ZBT9 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $446.00 $5,352.0015 IPS0052 I/Fire Station Alerting 1-16070760 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $180.00 $2,160.0016 IPS1163C I/MapEditor CC - Component 145Z2D700120184 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $75.00 $900.0017 SFRMSCAD FireRMS CAD Interface 1-213629321 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $399.99 $4,799.8818 SJBX690AA-C GeoMedia Pro - CC - English - 145Z2D700120184 01/01/2013 12/31/2013 Ph Supp with Upg's 12 1 $176.00 $2,112.0019 SUNPRORMSENT SUNPRO Fire RMS Enterprise Edition 1-213826625 01/01/2013 12/31/2013 Ph Supp with Upg's 12 8 $60.00 $5,760.00

$140,231.88SubTotal for Site Number 00085719

Report Generated for kmichels on 11/1/2012 Page 1 of 2

Exhibit A Security, Government and Infrastructure

Quote: 1-6W7B3F- City of San Angelo TX - SW 2013

San Angelo TX City Of

Performance Period: 01/01/2013 Through 12/31/2013Account Nbr: MDC-2222

PO#: TBD

Service Level: Premium

DescriptionBase Part MthCost

QtyCoverage TotalCost

End MthsBeginSerialLn

$140,231.88Grand Total Excluding Tax

Report Generated for kmichels on 11/1/2012 Page 2 of 2

Exhibit A Security, Government and Infrastructure

City of San Angelo

Memo DATE: November 13, 2012 TO: Mayor and Council Members FROM: Robert Salas, Director, Neighborhood Services SUBJECT: Agenda Item for Dec 4, 2012 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Consent

Consideration of approving an amendment to the Neighborhood Stabilization Program (NSP) contract between the City and the Texas Department of Housing and Community Affairs (TDHCA) and authorizing the City Manager to execute related documents

------------------------------------------------------------------------------------------------------------------------------------------------ Summary: Request approval of an amendment to the city’s NSP contract with TDHCA to extend the expiration date from August 31, 2012 to Mar 1, 2013. This extension will allow the completion of the NSP projects and allow for the city to receive reimbursement from the state. History: On Dec 1, 2009 Council accepted the NSP grant funds in the amount of $525K to purchase, rehabilitate, and resell foreclosed homes to low income citizens in Tom Green County and authorized the City Manager to execute the contract. The current contract expired Aug 31, 2012. Galilee CDC and Rebuilding Together, original partners with Galilee, contracted to build 3 units and Rebuilding Together contracted to build 2 units. Rebuilding Together has since closed down leaving Galilee as the remaining partner. Consequently, the extension modifies the NSP amount to $317,648.00. Financial Impact: Contract reduces the total amount from $525,000.00 to $317,648.00. Related Vision Item: Neighborhood Revitalization. Other Information/Recommendations: Staff requests approval of contract amendment Attachments: Contract Amendment Presentation: None Publication: None Reviewed by Department Director: N/A


City of San Angelo

Memo Date: November 21, 2012


From: Shawn Lewis, Director of Community & Economic Development


Contact: Shawn Lewis, or Bob Schneeman 657-4210

Caption: Regular Agenda Item

Consideration of adopting a revised resolution authorizing the filing of applications with the Texas Department of Transportation for federal transportation assistance in the amount of $1,300,354 million with a 20% matching fund requirement of up to $260,071 over a five year period under the Transportation Enhancement Grant program, authorized by Title 43, Part 1, Chapter 11, Subchapter E of the Texas Administrative Code, and other state and federal statutes administered by the Texas Department of Transportation

Summary:

At its regular meeting of November 6, City Council approved a resolution authorizing City staff to apply for a $1.1 million grant to the Texas Department of Transportation for bicycle and pedestrian improvements, with a 20% match of $235,000. Upon submitting the grant on November 16, staff learned that the local community is required to provide the same 20% match for a 15% TxDOT administrative fee that is on top of the construction costs submitted for the project. As a result, the City is being asked to increase our local match by $25,071 in order to match the $169,611 administrative fee TxDOT has added to the project.

History: San Angelo has benefitted from a number of Transportation Enhancement grants from TxDOT through the years. Projects such as the restoration of the historic Depot, the San Angelo Visitor Center, Paseo and Old Town Streetscape project, and most recently the Red Arroyo Trails project are all projects made possible by TxDOT Transportation Enhancement grants. The TIRZ Board has endorsed funding to apply for a Transportation Enhancement grant. Three of the seven eligible activities under this grant include the following “enhancements” to existing transportation systems:

1. Provision of facilities for pedestrians and bicycles 2. Provision of safety and educational activities for pedestrians and

bicyclists 3. Landscaping and other scenic beautification

City Staff has identified the following projects as priorities in order to enhance existing transportation systems:

• Implementation of the 2005 Bicycle-Pedestrian Plan calling for bike lanes and trails throughout the City, but not been funded with the exception of two other TxDOT projects—Red Arroyo Trail and the Lone Wolf

Pedestrian Bridge (funded by stimulus dollars) • Implementation of the 2011 Streetscape Masterplan which calls for trees,

lighting, sidewalk construction/repair, ADA ramps, pedestrian amenities (trashcans & benches) throughout the South TIRZ (downtown) and in the North TIRZ along corridors leading to the Coliseum and Fair Grounds.

The proposed grant includes the following: 1. Bicycle lanes connecting schools and significant activity generators

(Walmart North, downtown, Angelo State University, several elementary schools, etc.)

2. 15 large bicycle racks at significant sites along proposed bike lanes 3. Street trees and pedestrian amenities in the downtown area and

cultural district south of the river 4. Street trees along Chadbourne and MLK between Houston Harte and

29th Street as well as a new sidewalk along the west side of MLK Boulevard.

City staff proposed the following cost sharing for the matching grant under the original $235,000 funding resolution Council adopted November 6:

• North TIRZ--$60,000 • South TIRZ--$60,000 • Downtown San Angelo—$25,000 guaranteed (grant from a national

foundation already awarded, but not official until January), more funds from other sources to be determined

• San Angelo Road Lizards—to be determined • San Angelo Health Foundation—to be determined

City staff proposes the following cost sharing as a result of the $25,071 increase in required matching funds:

• $6,000 refund to the North and South TIRZ from The Goodman Corporation (our grant writing consultant) as a result of problems with this grant submission

• $7,500 refund of a façade grant from South TIRZ to COSADC for façade renovations to the Business Resource Center

• An additional $7,500 from North TIRZ • $4,071 to be determined

Financial Impact: Grant match: $260,071 over five years (20% local match on $1.3 million grant)

Related Vision Item (if applicable):

Other Information/ Recommendation:

Staff recommends approval as presented

Attachments: Overview of proposed project: Cost Estimate & Map Proposed revised resolution authorizing grant application and related matching funds

Presentation: Shawn Lewis, Director of Community & Economic Development & Clinton Bailey, City Engineer

Publication:

Reviewed by Director:

Shawn Lewis, ext 1541

Approved by Legal:

Safety City

Wal-Mart

Walgreens

Chicken Farm Arts Center

MLK Park

Lowes Grocery Store

Wesley UMC Soup Kitchen

Multi-Modal

Clarion Hotel

Convention Center

Muni-Pool

San Angelo Museum of Fine Arts

Visitor Center

El Paseo

Rio Concho Sports Complex

Athletic Courts & Pavilion

Skate Park

To State Park

Lone Wolf Ped Bridge

Train Depot

Goodfellow Air Force Base

AustinElementary

School

BowieElementarySchool

CarverCampus

CrockettElementarySchool

GuadalupeSchool

Rio VistaCampus

SacredHeartSchool

SaintMarysSchool

SamHoustonCampus

Glenn JuniorHigh School

BradfordElementarySchool

ReaganElementarySchool

FanninElementarySchool

Alta LomaElementarySchool

Lee MiddleSchool

McGillElementarySchool

CentralHighSchool

HolimanElementarySchool

San JacintoElementarySchool

CentralFreshmanCampus

Fort ConchoElementarySchool

Santa RitaElementarySchool

GlenmoreElementarySchool

BelaireElementarySchool

PAYSSchool

CornerstoneChristianSchool

AmblesideSchool

S Bell

St

W 14th St

N Chadbourne St

Grape CreekRd

W Avenue N

W Avenue L

Sunset Dr

W 29th St

E 29th St

E Beauregard Ave

W 19th St

W Beauregard Ave

Foster

St S Brya

nt Blv

d S Brya

nt Blv

d

W Washington Dr

S John

son St

Pulliam StFM 380

W Loop 306

N Bryant Blvd

S Washington St

N Jackson St

W Avenue L

Rio Concho Dr

E 19thSt

Paint Rock Rd

Sherwood WayArden Rd

E 19thSt

N Bryant Blvd

W Beauregard Ave

Knickerbocker Rd

E14th St

N Chadbourne St

Edmund Blvd

W Beauregard Ave

S Jacks

on St

E Washington Dr

N Jackson St

N Washington St

E Avenue L

Junius St

S Jackson StN

WashingtonSt

FM388

E 19th St

E Avenue N

Armstr

ong S

t

E Houston Harte ExpyE Houston Harte Expy

N US Highway 67

SunsetCt

W Loop 306

N Loop 306 Ramp

S Loop306 Ramp

Mercedes Ave

S Chadbourne St

N US High

way 67

N Loop306

Ramp

W Houston Harte Expy

N Loop306

Ramp

W Houston Harte Expy

N Loo

p 306

S Loop306 Ramp

S Loop 306 Ramp

NLo o

p306

Fronta

geRd

N Loo

p 306

S Loop306 Ramp

NLoo

p306

Ramp

NL oop 306 Ramp

NUSH

ighwa

y67 R

amp

S Loop 306 S Loop 306

N Bell

StN B

ell St

S Jackson St

Glenna

Dr

SCol lege Hi ll sBlvd

Christoval Rd

Christo

val Rd

Glenna

St

Glenn

a St

1 inch = 900 feet

³Proposed Areas for Irrigated Trees, Benches and Trash Receptacles

Proposed areas for irrigated trees

Proposed Bike Trails/Lanes

Proposed Sidewalks

Existing Streetscape, Constructed 2011

Streetscape to be Constructed January 2013 (funded)

Schools

Major Properties

City Owned Property

Parks

Goodfellow A.F.B.

Central Business District Document Path: K:\downtown\streetscape\workarea\2012 Transporation Enhancement Grant - Overall Section.mxd

Texas Transportation Enhancement Grant Proposal

GIS Division

Transportation Enhancement Pedestrian and Bicycle ImprovementsEngineer's Opinion of Probable Construction Cost

City of San Angelo Community and Economic Development DepartmentOctober 26, 2012

Block Faces in downtown 44

Unit Quantity Item Unit Quantity Unit Price TotalDowntown improvements including irrigated trees, benches and trash receptacles Block Side 125 6,536.80$ 817,100.00$ Tree ea 500 300 150000Concrete Sidewalk West Side Martin Luther King Drive from West 29th St to West 11th Street (5 feet wide with curb ramps)

SF 34,500 8.50$ 293,250.00$ Tree well ea 500 1200

Bike Lane Striping (4" White Thermoplastic) LF 97,858 0.60$ 58,714.80$ Irrigation system block face 125 3500 437500Bike Lane Signage (Sign and Sign Pole) EA 60 110.00$ 6,600.00$ Bench ea 88 1500 132000

Total 1,175,664.80$ Trash Can ea 68 700 47600Bike Racks ea 50 1000 50000

8171006536.8

Description Unit Price Total Amount

RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSPORTATION ASSISTANCE IN THE AMOUNT OF $1,300,354.00 WITH A 20% MATCHING FUND REQUIREMENT OF UP TO $260,071.00 OVER A FIVE YEAR PERIOD UNDER THE TRANSPORTATION ENHANCEMENT GRANT PROGRAM, AUTHORIZED BY TITLE 43, PART 1, CHAPTER 11, SUBCHAPTER E OF THE TEXAS ADMINISTRATIVE CODE, AND OTHER STATE AND FEDERAL STATUTES ADMINISTERED BY THE TEXAS DEPARTMENT OF TRANSPORTATION.

WHEREAS, the City of San Angelo, Texas, (City) is a Home- Rule Municipality organized pursuant to Article XI, Section 5 of the Texas Constitution and Section 5.004 of the Texas Local Government Code;

WHEREAS, the City Council for the City of San Angelo hereby finds it is in the best interest of the City, and a public health and welfare purpose is served, to pursue additional federal funds for transportation projects in the City;

WHEREAS, the Texas Department of Transportation (TxDOT) has been delegated authority to award federal financial assistance for transportation projects;

WHEREAS, TxDOT issued a call for nominations in September 2012, for communities to apply for federal highway funding assistance made available through the Transportation Enhancement Program;

WHEREAS, the San Angelo Bicycle and Pedestrian Improvement Plan (Project) provides for the enhancement of pedestrian-transit infrastructure within the City of San Angelo, including added bike lanes, sidewalks and downtown pedestrian amenities; and, the City proposes to submit a nomination requesting federal funding for assistance in the amount of $1,040,283.00; and

WHEREAS, the funding or cooperative agreement for federal financial assistance will impose certain obligations upon the City, and may require the City to provide the minimum match of 20% local share in form of cash for the Project costs in the following amounts:

San Angelo Bicycle and Pedestrian Improvement Plan = 20% matching funds up to $260,071.00, plus 100% of any overruns above the total projected Project cost of $1,300,354.00.

WHEREAS, the City of San Angelo supports funding these projects as shown in the Nomination Budget and commits to the Project’s development, implementation, construction, maintenance, management, and financing;

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

Section 1: The City Manager is authorized to execute and file an application for federal assistance on behalf of the City of San Angelo with the Texas Department of Transportation under 49 U.S.C. Chapter 53, Title 23, United States Code, or other federal statutes authorizing such projects administered by TxDOT.

Section 2. The City Manager is authorized to execute and file with the application for federal assistance the annual certifications, assurances and other documents that TxDOT requires before awarding a federal assistance grant or cooperative agreement.

Section 3. The City Manager is authorized to negotiate and execute a grant and cooperative agreements with the Texas Department of Transportation on behalf of the City for federal assistance to fund the Project, in which the City is to provide matching funds of twenty percent (20%) up to $260,071.00, on a projected total Project cost of $1,300,354.00.

PASSED AND APPROVED this day of December, 2012.

THE CITY OF SAN ANGELO, TEXAS

________________________________ Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ________________________________ ________________________________ Shawn Lewis Lysia H. Bowling Community & Economic Development City Attorney Director

City of San Angelo



From: Ricky Dickson, Interim Water Utilities Director

Subject: Consent Item for December 4, 2012 Council Meeting

Contact: Ricky Dickson, Interim Water Utilities Director, 657-4209

Caption: Consideration of approving a residential lease renewal with Wade and Wendy Honaker, at Lot 37, Group Fishermans Road, 2610 Sleepy Hollow Road; and authorizing the Interim Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2048 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2013-2018 $607.00 2019-2028 $728.00 2029-2034 $874.00 2035-2048 Market Value New lease fees: 2013-2018 $643.00 2019-2028 $772.00 2029-2034 $926.00 2035-2051 Market Value Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Interim Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Wade & Wendy Honaker) Presentation: None. Publication: None. Reviewed by Interim Assistant Director: Kevin Krueger, November 27, 2012

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LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Wade and Wendy Honaker whose address is 2610 Sleepy Hollow Road, San Angelo, Texas 76904 ("Lessee").

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

Lot 37, Group Fishermans Road, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2610 Sleepy Hollow Road.)

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

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

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1 during the term of this lease in accordance with the following schedule:

Dates Annual Rent

For the Years 2013 Through 2018 $643.00

For the Years 2019

For the Years 2029

For the Years 2035

Through 2028

Through 2034

Through 2051

$772.00

$926.00

*Market Value

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

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

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges may be deemed a default at the option of Lessor.

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

WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.

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

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

V. USE OF LEASED PREMISES

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

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

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

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

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

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

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

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

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

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

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

RESERVATIONS AND EASEMENTS

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

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VI. ENCUMBRANCE OF LEASEHOLD ESTATE

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

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

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

VIII. REPAIRS AND MAINTENANCE

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

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the

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expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

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

XI. INDEMNIFICATION 11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS IN INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD BE ASSERTED.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall bind the transferee, assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not release Lessee from Lessee's obligations under the lease.

XIII. DEFAULT AND REMEDIES

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DEFAULT 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If Lessee should default with respect to any of its obligations hereunder except with respect to the non-payment of rent, and should fail within 60 days after written notice of such default from the Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately seek relief by action or proceeding at law for damages, for specific performance and injunction, without any requirement to post a bond or other security.

(b) In addition to, and independent of, the provisions of subsection (a), above, should Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse to cure such violation within 60 days after written notice of such default from Lessor, then Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work required as determined by Lessor to cure the default and the costs thereof shall be deemed to be additional rent, immediately due and payable upon written notice to Lessee of the sum of expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO THE PROVSIONS OF THIS LEASE. (c) A breach of this lease by Lessee for non-payment of rent shall result in termination of this lease should Lessee within 60 days after written notice of default setting forth the amount past due fail to cure such default by making payment of the full amount due Lessor.

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

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

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OTHER REMEDIES

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

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

HEADINGS

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

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

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of

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Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

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

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

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

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

LESSEE: Wade and Wendy Honaker 2610 Sleepy Hollow Road San Angelo, Texas 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director 72 W. College San Angelo, Texas 76903

[SIGNATURE PAGE TO FOLLOW]

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EXECUTED in duplicate originals on the _____day of _____________________, 2012

by: LESSEE(S)

Wade Honaker Wendy Honaker

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 2012 by ______________________________.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY: RICKY DICKSON Interim Director Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________,

2012, by Ricky Dickson, Interim Director of Water Utilities of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

Community and Economic

Development Department



From: Clinton Bailey, City Engineer

Subject: Agenda item for November 20, 2012 City Council Meeting

Contact: Clinton Bailey, Engineering Services, 657-4203

Caption: Regular

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AUTHORIZING ESTABLISHMENT OF A SPEED LIMIT OF 45 M.P.H. ON BOTH EAST AND WEST FRONTAGE ROADS OF US HIGHWAY 87 BEGINNING AT THE INTERSECTION OF US HIGHWAY 87 AND FARM TO MARKET ROAD 2105 EXTENDING SOUTH 2.553 MILES, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

Summary: The Texas Department of Transportation (TXDOT) performed a speed zoning study along a section of US Highway 87 frontage road in northwest San Angelo. Based on the results of the study, TXDOT is proposing to establish a speed limit of 45 mph on both east and west frontage roads of US Highway 87 beginning at the intersection of US Highway 87 and Farm to Market Road 2105 extending to a point 2.553 miles south.

History: n/a

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a


Staff recommends amending the Code of Ordinances to allow for establishment of the proposed speed limit.

Attachments: Ordinance and Request from TxDOT

Presentation: City staff

Publication: n/a


Shawn Lewis, Director of Community and Economic Development, November 8, 2012

Approved by Legal: Yes

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE ESTABLISHMENT OF A SPEED LIMIT OF 45 M.P.H. ON BOTH EAST AND WEST FRONTAGE ROADS OF US HIGHWAY 87 BEGINNING AT THE INTERSECTION OF US HIGHWAY 87N AND FARM-TO-MARKET ROAD 2105, EXTENDING SOUTH 2.553 MILES, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, on _______________, 2012, the San Angelo City Council authorized and approved a prima facie reasonable and prudent speed limit of forty-five (45) miles per hour on portions of US Highway 87 frontage roads, pursuant to state law and based upon an engineering and traffic study.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, no person shall operate or drive any motor vehicle on the streets designated below and located within the Corporate City Limits at a speed greater than the prima facie reasonable and prudent speed that is established thereon as set forth below:

US Highway 87 Frontage Roads 45 M.P.H. as follows:

(A) US Highway 87 east and west frontage roads beginning at the intersection of US Highway 87 and Farm-to-Market Road 2105, extending south 2.553 miles. 2) THAT, the following severability clause is hereby adopted with this amendment:

SEVERABILITY:

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

3) THAT, the following penalty clause is hereby adopted with this amendment:

PENALTY:

Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

4) THAT, this Ordinance shall be effective on, from and after the _____ day of ___________, 2012.

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

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Clinton Bailey, City Engineer Lysia H. Bowling, City Attorney

City of San Angelo

Memo Meeting Date: December 4, 2012

To: Mayor and Council members

From: AJ Fawver, AICP Planning Manager

Subject: consider petition for possible annexation (to San Angelo’s City limits) of certain properties situated southwest of San Angelo

Location: area encompassing a 20.00 acre tract located at the southern

corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail, as shown in attached exhibit

Contacts: AJ Fawver, AICP Planning Manager 657-4210

Caption: Discussion and consideration of petition seeking annexation (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 20.00 acre tract located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail

Summary: The City staff recommends that, if the City Council chooses to accept the petition for annexing all 20.00 acres highlighted on the attached map, that the City Council also adopt the attached draft timetable for completing such annexation. City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to an apartment

development currently undergoing construction, and located on a property under the same ownership as that under discussion. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, on January 8, 2013, City Council will initiate a process that may be completed as early as February 15, 2013.

The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria:

(1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.

Analysis of Proposed Annexation: It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:

"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."

This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". Another important consideration of this specific location is the fact that the current development, created when platting the property, now embraced within The Boulevard subdivision, created in summer 2011. When this plat was drafted and approved, it

contained a particularly important piece for the southwest part of San Angelo: the dedication of a piece of Appaloosa Trail, a minor collector street planned long-term in the Thoroughfare Plan to eventually provide a connection from the developing areas just west of the intersection of FM 2288 and Sherwood Way to the emerging neighborhood south of Southland Boulevard and looping back northeast along Pinon Ridge and Oak Grove Boulevard, eventually connecting to Houston Harte Expressway. For now, the only lateral routes of significant carrying ability connecting these two segments of the city are FM 2288/Southland Boulevard and Sherwood Way/US Hwy 67. Development along this area would result in future segments of Appaloosa Trail being pieced together, though this is clearly a very long-term endeavor. The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area, a network of water and sewer mains, available for extension, are in existence. These were extended and tied into during the process of developing The Boulevard subdivision. Financial Impact: not applicable, yet Recommendation: City staff recommends that City Council accept the proposed schedule of hearings as outlined below. Even before those public hearings may begin, the governing body must decide whether to “accept” or “reject” a petition for annexation. Accepting such petition does not commit the governing body to approving any or all of the requested annexation. Accepting such petition simply initiates a series of proceedings which may eventually lead to annexation. These hearings allow the opportunity for input from the public, interested parties, and the petitioner - for consideration by the City Council. annexation calendar (no special meetings needed) first public hearing December 18, 2012 second public hearing January 8, 2013 introduce annexation January 22, 2013 ordinance, on first reading second and final reading February 15, 2013 of annexation ordinance Attachments: map as provided by the applicant, of the proposed area draft survey map as provided by the applicant petition as submitted to City staff

Presentation: AJ Fawver, AICP, Planning Manager Publication: No legal notice required at this time. However, if City Council

agrees to accept this petition, legal notice of required public hearings will need to be published (in the newspaper) and posted on the City’s web site.

City of San Angelo

Memo

Meeting Date: December 4, 2012

To: City Council members

From: Kevin Boyd, Planner

Subject: Z 12-13: Creed Partners, LLC., a request of a Zone change from Light Manufacturing (ML) to General Commercial (CG) to allow for "Retail Sales and Service" on the following property:

Location: 1601 Knickerbocker Road, approximately 230 feet from the

intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641.

Purpose: Approval or modification of this request by the Planning

Commission would forward the recommendation to City Council for a final decision on the matter.

Contacts: Creed Partners, LLC. 210-621-3288

Kevin Boyd, 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 12-13: Creed Partners, LLC. 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: 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property

occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641, changing the zoning classification from Light Manufacturing (ML) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) Recommend approving the proposed Zone change as requested; or (2) Recommend modifying 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. On November 19, 2012, the Planning Commission recommended approving this request by an unanimous vote of 6-0.

History and Background:

General Information

Existing Zoning: Light Manufacturing (ML) Existing Land Use: Vacant Golden Corral restaurant,

commercial parking and partially open lot Surrounding Zoning/Land Use: North: General Commercial (CG) Rosas Cafe (under

construction) West: Light Manufacturing (ML) Citibank, Taco Bell, Advance

Eye Care, General Builders Supply Inc., Alexander Construction Co. and vacant lot

South: Light Manufacturing (ML) A-1 Distribution Inc. / Budweiser

East: Light Manufacturing (ML) Toyota Dealership and Angelo Place student housing

Thoroughfares/Streets: Knickerbocker Road and S Jackson Street

are defined as an "arterial streets," which are designed to connect collector streets to freeways and carry large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.

Zoning History: In 1949, the property was annexed into the

city. As far back as 1964, the property has

been zoned Light Manufacturing (M-1), an equivalent to the current zoning.

On Tuesday, August 9, 1994, the City

Council voted to approve a sign variance request to allow for two freestanding signs for the Golden Corral restaurant, on the property.

Applicable Regulations: Refer to off-street parking standards, per

Section 511. Development Standards: General Commercial (CG) requires a 25

feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502.

The maximum floor area or gross floor

area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502.

Vision Plan Map: Commercial Related Comp Plan Excerpts: "...incentivize new retail in infill locations

within a defined framework." Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods."

Special Information

Traffic Concerns: Changing the zoning to commercial will increase the volume of traffic than if the property remained as-is.

Parking Requirements: Varies depending on the use or

occupancy category, per Section 511. Parking Provided: More than 100 paved parking spaces exist

on the property. Density: Surrounding uses are predominately

medium density commercial and residential. The plan complies with the Vision Plan, which calls for a continuation of the future development of this area as a “Commercial."

Notification Required: Yes Notifications Sent: 6

Responses in Favor: 1 Responses in Opposition: 1

Analysis:

In order to approve this Zone change request, the Planning Commission members are first required to consider the following 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. In considering the nature of this request, staff believes that a Zone change to General Commercial (CG) is compatible with the surrounding area and will be a nice transition relative to the current zoning. The request is consistent with aspects of the Vision Plan which calls for ‘Commercial’ in the area which seeks to cluster single-use centers to include retail and similar uses. This zoning change would encourage redevelopment and provide opportunities for commercial development that would be compatible with surrounding uses, considering the factors outlined below. The nature of this request, a Zone change to General Commercial (CG) for “retail sales and service”, would allow for a wide variety of uses – branch banks, restaurants, cafes, health clubs, gyms, dance halls, theaters and hotels. While the zoning to the west, east, and south is zoned for Light Manufacturing (ML), many of the uses are commercial in nature. Staff has recommended a Zone change given the inappropriateness of ML zoning for the intended use. In the past, the area was zoned ML as the intended use since city leaders envisioned the area to be a industrial hub, given its proximity of the rail lines and current development patterns at that time. More recently, conditional uses have been approved for nearby properties to allow for retail sales and services (CU03-04) and multi-family residential buildings (CU06-03), in a ML zone, just to name a few. Staff recommends a Zone change process over the Conditional Use process to better support the known vision of this area, rather than repeated requests for augmentation over time. “Retail sales and service” is compatible with surrounding uses in the area. Knickerbocker Road is an established commercial corridor as uses varies from light-to-medium-density commercial and multi-family residential. Surrounding

uses include restaurants, a bank branch, construction and supply shop, a beer distribution plant, a car dealership and student apartments. Angelo State University's recreational facilities, including the Junell Center / Stephens Arena, are located a block north of the subject property. The property is zoned for Light Manufacturing (ML) located in a commercial corridor. ML zoning does not allow for retail sales and service by right, nor does it follow the directed vision for this area. A transition to commercial zoning is more appropriate given that there are similar uses and the fact that this segment of Knickerbocker Road is an established corridor. While Neighborhood Commercial (CN) supports Retail Sales and Service, it is not a viable option with this request. CN zoning is less intensive and places limitations in the Maximum Floor Area Ratio, which is 60 percent, and maximum height of 35 feet. Some aspects of the natural environment will be affected if the Zone change results in future development of the property. Given the nature of allowed uses in the proposed zoning, staff believes that the small scale of the site will have limited affects on water and air quality. Much of the noise generated from the site is likely to come from vehicular traffic. The open space portion of lot which is overgrown with grass and wild shrubs, may be removed in the event development does occur on the site - there are also a few sparsely placed trees and bushes. Since the area around the site is mostly developed, there are no major issues regarding wildlife, or any type of wetlands. This plan serves a community need in that it seeks to provide development that is consistent with the development patterns and aspects of the Vision Plan. The zone change to CG supports the type and scale of uses that exist nearby. Creed Partners, LLC., the proponent and owners of the property, initiated the Zone change request and have plans to construct a new restaurant, some retail space, and a hotel. It is located in an area in which infill development is desired and needed, especially in this case, where the lot fell into disuse and has become a blighted area of the corridor. The lot has stood vacant ever since the Golden Corral closed its doors back 2009, and roughly a third of the property remains open space. While the mere presence of a vacant lot is not on its own enough to justify a zone change, the fact that the zone change has been upheld as appropriate by the Vision Plan map, the infrastructure in place, the logical and orderly development, and the transportation network - paired with this fact - can justify the proposal. Regarding parking: in order to receive a Certificate of Occupancy for a new business, an applicant must provide adequate off-street parking, based on the occupancy category or use, per Section 511. The off-street parking mentioned in the section represents the minimum parking standards. While staff found that the site has over a hundred parking spaces, given some uncertainties in the future development, an assessment of the required parking cannot be fully determined - this will become a function of the site plan review process.

The request is consistent with current developmental patterns and echoes the Vision Plan which calls for the property to be designated as “Commercial”. Ideally, given the nature of its location, this area is ideal for this type of development as it serves as a node for two arterial streets. It is adjacent to a corner lot at the intersection of Knickerbocker Road and S Jackson Street. Current developmental trends, echoed by the Comprehensive Plan, denote that the area be dedicated for commercial use. Staff feels that a Zone change to General Commercial (CG) would be an appropriate zone type as commercial activity becomes more established along the corridor.

Proposed Conditions

N/A

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

Excerpt from the comprehensive plan vision map

highlighting the subject property; Excerpt from zoning map, highlighting subject

property; and Aerial photo, highlighting subject property. Draft minutes from November 19, 2012 Planning

Commission; Citizen responses; and Draft ordinance.

Presentation: Kevin Boyd, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (11/14/2012)

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 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641, changing the zoning classification from Light Manufacturing (ML) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-13: Creed Partners, LLC.

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

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

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

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

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 1601 Knickerbocker Road, approximately 230 feet from the intersection of Knickerbocker Road and South Jackson Street, in southwestern San Angelo. This property occupies 4.086 acres of the MC Neese Survey 0176.25 abstract 1641 shall henceforth be permanently zoned as follows: General Commercial (CG) 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 December, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of December, 2012.

THE CITY OF SAN ANGELO

____________________________________

Alvin New, Mayor

ATTEST:

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

City of San Angelo

Memo



From: Kevin Boyd, Planner

Subject: Z 12-14: Basil El-Masri, a request of a zone change from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG), on the following property:

Location: 4028 South Bryant Boulevard, approximately 350 feet from

the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo.

Purpose: Approval or modification of this request by the Planning

Commission would forward the recommendation to City Council for a final decision on the matter.

Contacts: Basil El-Masri, Owner 325-895-2426

Kevin Boyd, Planner 325-657-4210


Z 12-14: Basil El-Masri 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: 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35

acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo, changing the zoning classification from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change as requested; or (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. On November 19, 2012, the Planning Commission recommended approving this request by an unanimous vote of 6-0.


The request for a zone change was initiated partly due to a pending code violation relating to the use of the property. While mostly open, and free of any permanent structures, a portion of the lot is occupied by recreational vehicles or RVs, identified as ‘Wholesale Trade’ in Section 310 in the Ordinance. In order to rectify the issue, the owner applied for a Conditional Use that would give an exception for the existing use and also filed an application to rezone the lot to a single district for greater flexibilities in expanding the use in the future. To be clear, the amount of outdoor storage and display allowed presently for the CG-zoned portion of the tract is .32 acres, or 10% of the size of that tract. The R&E-zoned portion does not allow outside storage under any circumstances. If the zone change request to zone the remainder of the lot as CG is approved, it will allow for 10% of the size of the tract, or .435 acres, to be utilized for outdoor storage. This results in a net increase in the allowed outdoor storage of .115 acres, or 5,009 square feet. However, Section 504.D states that "Vehicles (including boats) shall not be considered merchandise, material or equipment subject to the restrictions of this section." RVs are considered vehicles because they are used in this way: "by which any person or property is or may be transported or drawn upon a thoroughfare, except devices moved by human

power or used exclusively upon stationary tracks or rails" as explained in San Angelo's traffic section of the Code of Ordinances. In the future, however, merchandise and materials not counted as a vehicle, that is not garbage, and is not enclosed would be required to fall within this 10% figure.

General Information

Existing Zoning: General Commercial (CG) and Ranch &

Estate (R&E) Existing Land Use: Mostly vacant commercial lot Surrounding Zoning/Land Use: North: Ranch & Estate (R&E) Vacant residential lot West: General Commercial (CG) Stripes gas station, Ray's Transfer &

Storage, Cross Texas Supply South: General Commercial (CG) Brannon Nursery & Landscape, Hurt

Ink Tattoo, Christian Church of San Angelo

East: Ranch & Estate (R&E) Residential dwelling

Thoroughfares/Streets: S Bryant Blvd is defined as an "arterial street," which is designed to connect collector streets to freeways and carries large volumes of traffic at high speeds. Access is secondary and mobility is the prime function of these streets.

Zoning History: In 1949, the property was annexed into the

city.

In 1964, the property was zoned Ranch & Estate (R&E), in 1987, property was zoned a combination of General Commercial (CG) and Ranch & Estate (R&E), the same zoning that is in place today.

Applicable Regulations: Construction or installation of any principal

building on a lot requires at least 2 off-street parking spaces.

Development Standards: General Commercial (CG) requires a 25

feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where

a minimum of 10 feet is required, per Section 502.

The maximum floor area or gross floor

area of all buildings on the lot divided by the total area of the lot in an area zoned CG is 2, twice the area of the lot, per Section 502.

Vision Plan Map: Commercial Related Comp Plan Excerpts: “Promote better transition between

nearby commercial and residential use of land and buildings.”

"Require a buffer separating commercial,

industrial, or agricultural zoned lands from neighborhoods."

“Establish transition areas between

commercial areas and nearby neighborhoods.”

"Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

Special Information

Traffic Concerns: Changing the zoning to commercial will increase the volume of traffic than if the property remained as-is. Since the much of the lot is already commercially zoned, traffic increases will be a minimum.

Parking Requirements: N/A Parking Provided: Currently, the property does not have off-

street parking. Density: Surrounding uses are predominately low-

to-medium density commercial and residential. The plan complies with the Vision Plan, which calls for a continuation of the future development of this area as a “Commercial."

Notification Required: Yes

Notifications Sent: 9 Responses in Favor: 0 Responses in Opposition: 1

Analysis:

In order to approve this zone change request, the Planning Commission members are first required to consider the following 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. The subject property lies within two districts. While much of the lot is zoned General Commercial (CG), less than a third is zoned Ranch & Estate (R&E), as shown in the zoning map attached to this report. The Vision Plan identifies long-range prospects for the subject property to be ‘Commercial’ in use, which

consists of single-use centers – large retail and office clusters, for example – that seek visibility and convenient access to the street. Rezoning the portion of the lot zoned R&E to CG is consistent with the overall intent of the vision and matches the CG zoning that already exists. Both the Comprehensive Plan from 2003 and general planning principles argue against maintaining a variety of different zoning districts for a singular platted parcel. This practice works against the orderly development called for in the Zoning Ordinance, and it creates difficulty in development as each zoning district carries with it distinct requirements. The property owner recognizes the advantage in this lot maintaining one zoning district, especially for future development along such a major traffic carrier for the city. As such, this request is compatible with existing plans and policies. Planning staff believes that CG is the most appropriate zoning for the area. Although there is more intensive commercial zoning in the area-CG/CH-it is a zoning district which is planned for phasing out, and as such, is no longer available for zone change requests. Roughly 500' to the south and 3500' to the north are areas planned to function as nodes of "Neighborhood Center" activity. The "Commercial" designation encompasses CO, CG, and CH zoning classifications. While it is hopeful that this commercial corridor be diversified with a mixture of zoning types - including CO - this is more likely to happen on much smaller tracts. This 4.3 acre tract with direct access to South Bryant Boulevard has functioned within a CG zoning district since 1987, and this request is a small enlargement of that zoning within the very same tract that has been within this district for 25 years. If this were the introduction of a new commercial zoning district - staff's analysis would likely take a different approach. Based on the specific characteristics of this request, it appears to support the Zoning Ordinance principle of encouraging the tendency of commercial use within defined areas. As such, this request appears compatible with the Zoning Ordinance. The Ordinance allows for three types of outdoor storage and display in non-residential districts, per Section 504. Generally speaking, CG zoning falls under Type 2: Limited Outdoor Storage - which limits storage to 10 percent or 1,000 square feet of the total lot, whichever is greater. Part of the reason for this limitation is to allow the CG district to function in areas of transition, and to minimize the amount of storage ultimately utilized to something moderate. Again - this limitation on storage already applies to 3/4 or more of the tract in question. The amount is not proposed to be increased in any way, nor would staff recommend it be. The applicant’s accompanying request for a Conditional Use for Wholesale Trade - also on this agenda - will also limit the applicant to Type 2 outdoor storage. The CG zoning is compatible with and matches both the uses and zoning to the south and west of the property. Though the transition from CG to R&E on the north and east of the property is not ideal - the situation exists today and has since 1987. This request would still "hold the line" on the CG zoning being entirely encompassed within a singular ownership tract and not continuing onto neighboring properties. Also, the requirement of a Conditional

Use for Wholesale Trade - something not allowed by right in the CG zoning district - allows the opportunity for the Commission to place conditions to help better mitigate this transition. It is important to realize that the very nature of the R&E zoning district has been treated as unique for decades - it's large minimum lot sizes, large setback requirements, and the waiving of screening in the Zoning Ordinance for nonresidential properties abutting it, recognizes the ability for it to withstand transitions less ideal; on the other hand, stringent screening requirements, small lot sizes, and small setback restrictions recognize that other types of residential zoning are not as capable of managing these transitions. It is also clear that some of the more noxious uses allowed in CH districts would not be appropriate immediately adjacent to residential properties, nor does CH rely on visibility the same way CG zoning districts do. Based upon the compliance with the zoning called for on the Vision Plan map, and the discussion above of existing and proposed uses, this request appears to be compatible with the surrounding area. Changed conditions in this area include the continued - and some would argue, accelerated - momentum of this corridor emerging as a commercial corridor, attracting traffic from both within the city as well as from the outlying communities and an intense frequency of truck traffic. The Planning Commission discussed the Vision Plan map in this general area back in 2010, and recognized these changes in a Vision Plan map amendment for this area of the corridor to "commercial" - realizing that this "commercial" development should be done in a diversified matter, mixing types of commercial to avoid solid strip development. As such, changed conditions play some part in this analysis. The natural environment within proximity to this tract includes the river property (called to remain as "Open Space") around 800' - 1000' to the west. This property is separated from this area by a substantial 6.5 acre home site. Travelling across South Bryant to the west, the natural environment remains in place along some sizable vacant tracts, but is interspersed with more industrial types of development. On the site itself, the property is relatively flat and it does not appear that water/air quality would be negatively impacted, since the uses of the site are limited and specifically exclude noxious uses. Wildlife and wetlands are not present, and the practical functioning of the natural environment to the east will remain unaffected. In the future, it is possible to imagine a variety of retail or related ventures on this property - however, their only access point is South Bryant Boulevard, and it is difficult to imagine any value in sending traffic elsewhere. Noise is always a possibility along such a major arterial roadway, but the nature of the R&E district as described above, paired with the small expansion of this CG as zone as proposed - within the same tract - does not appear to make a substantial change in effects.

The sixth criterion outlined in the Zoning Ordinance for consideration is that of a Community Need. As described earlier, the maintaining of tracts throughout the city with a variety of zoning districts criss-crossing them is a lingering issue that can create problems not only for the property owner, but for the community and

the long-term viability of an area. Staff continues to attempt to identify and rectify these issues where possible, and in this case, one could argue this change continues to serve a community need for those reasons. Logical and orderly development is another tenet of the Zoning Ordinance's Section 212. In this case, the zoning requested is consistent with the changes in this area, the surroundings - for reasons already articulated - and it fits the plans for this area. For all intents and purposes, this appears to result in a logical and orderly pattern.

Proposed Conditions

N/A

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

Excerpt from the comprehensive plan vision map

highlighting the subject property; Excerpt from zoning map, highlighting subject

property; and Aerial photo, highlighting subject property. Draft minutes from November 19, 2012 Planning

Commission; Citizen responses; and Draft ordinance.

Presentation: Kevin Boyd, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (11/14/12)

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 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo, changing the zoning classification from a combination of Ranch & Estate (R&E) and General Commercial (CG), to single zoning of General Commercial (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-14: Basil El-Masri





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: 4028 South Bryant Boulevard, approximately 350 feet from the intersection of South Bryant Boulevard and Ben Ficklin Road. This property occupies 4.35 acres of the E Hermes Survey 0174 abstract 0349, in southern San Angelo shall henceforth be permanently zoned as follows: General Commercial (CG) District.


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.





____________________________________

Alvin New, Mayor

ATTEST:

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

City of San

Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z12-15: Julie Snider, requesting a zone change from Ranch and Estate (R&E) to General Commercial (CG), to specifically allow an Animal Crematorium, an “Industrial Service” as defined by Section 316A of the Zoning Ordinance, on the following property:

Location: 4126 Lake Drive, located approximately 100 feet from the

intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in western San Angelo.

Purpose: This request would allow for the building of an animal

crematorium on the subject property upon final approval of the Planning Commission for a Conditional Use Permit.

Contacts: Julie Snider (325) 655-0198

Roxanne Johnston, Planner (325) 657-4210


Z 12-15: Julie Snider 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: : 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, changing the zoning classification from Ranch & Estate (R&E) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve this zone change request from R&E to CG which would allow for the placement of an animal crematorium; or

(2) Modify the application to some alternative zoning classification believed to be more appropriate; or

(3) Deny this zoning request from R&E to CG to allow for the placement of an

animal crematorium.

Recommendation: City staff recommends approving the proposed zone change.

On November 19, 2012, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.


General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Rural; a vacant lot with one empty storage

shed located in the middle northeast section. A single strand wire fence primarily surrounds the property on the south and west borders.

Surrounding Zoning/Land Use: North: R&E Used for storage West: R&E Used for storage South: ML Lake Drive and vacant pasture East: R&E Residential building

Thoroughfares/Streets: North Bryant Boulevard Frontage Road is defined as an “arterial street” and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

Lake Drive is defined as a “collector street” which provides direct access to residential, commercial and other land uses.

Zoning History: The subject property has consistently

remained R&E since being zoned as such in the 1970’s. In 1980, Special Permit 776 was approved by the Planning Commission to locate a mobile home on a parcel to the northeast, but it was withdrawn. The property just east of the subject property was given Special Permit 767 in 1980 to locate a mobile home and it was approved by City Counsel with conditions. Also in 1980, the subject property and the property to the west were given Special Permit 251 that allowed for a mobile home and to have two residences on one zoning lot, with conditions.

Applicable Regulations: Section 504. Type 3: General Outdoor

Storage “Type 3 General Outdoor Storage shall be

allowed in unlimited quantity.”

Section 303. Residential Intent Statements "A. The Ranch and Estate District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting. The District is also intended to serve as a holding zone for vacant land areas annexed to the City."

Section 304. Commercial District Intent Statements

"C. CG (General Commercial) District. The General Commercial District is intended to provide opportunities for development of commercial establishments of higher intensity, with larger trade area, floor area and traffic generation than Neighborhood Commercial uses Limited outdoor storage, screened from adjacent residential uses, may be appropriate. D. The Heavy Commercial District is intended to provide opportunities for development of wholesale trade, retail sales, warehousing development, repair and service establishments, heavy and bulk equipment supply dealers or other such establishments that typically are characterized by outside storage of materials or merchandise.”

Section 316. Industrial Use Categories "A.3. Examples (of industrial use categories) include mortuary and crematory services, not on same site as funeral home…"

Related Comp Plan Excerpts: 2000 Zoning Ordinance, Vision Map, and

Thoroughfare Map; City of San Angelo, Texas.

Vision Plan. Rural. Intent and Goal 1. “Rural areas…will…come under the largest

pressure to develop more intensively… Ensure suitability of development in Rural

areas, promoting overall compatibility and avoiding overload of rural structure, especially the street.” "Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." "Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."

"Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods." "Ensure suitability of development in Rural areas, promoting overall compatibility.."

Special Information

Traffic Concerns: Changing the zoning to General Commercial will increase the volume of traffic more than if the property remained as-is. For the proposed usage, volume would be low. Future Heavy Commercial uses could yield higher traffic that the area may not be able to sustain in its current condition; although should the requested zone change from Ranch and Estate to General Commercial be granted, it would be more in line with the Vision Plan and the Thoroughfare Plan. Access to and from the property off of North Bryant Frontage Road falls under the jurisdiction of TXDOT. Access to and from the property from Lake Drive is reasonable for low volume traffic because the property fronts Lake drive approximately 89.5’ and the standard 30’ driveway entrance would fit.

Parking Requirements: Varies depending on the use or occupancy, per Section 511, which also states “In no circumstance shall new construction or installation of any principal building on a lot require any less than 2 off-street parking spaces...”

Parking Provided: Currently, there is no provision for parking because the project has not been constructed.

Density: Surrounding uses are predominately rural. The intent for use as an “animal crematorium” within this zone change request complies with the Vision Plan; however, not all future changes in use under the same category comply.

Notification Required: Yes

Notifications Sent: 4

Responses in Favor: 1

Responses in Opposition: 0 Analysis:

In order to approve this request, the City Council members are first required to consider the following 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 the Zoning Ordinance. 3. Compatible with the 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 or the extent to which there are changed

conditions that require an amendment. 5. Considers Effect on Natural Environment. Whether and to the extent of 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. Considers 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 following.

The initial request from the proponent was to rezone the subject property to Heavy Commercial because under this zoning, an animal crematorium would be allowed. During the Planning Commission meeting held on November 19, 2012, Planning staff argued against the initial request because it was not in line with the seven criteria listed above. The Planning Commission therefore recommended approval of a modification of a CG zoning to the City Council. They also issued Planning staff a

directive to submit to the Planning Commission an application for a Conditional Use that would allow the proponent the opportunity to place an animal crematorium on the subject property should they grant the request. In this situation, where Heavy Commercial is the only district that allows for an animal crematorium, Staff feels that General Commercial zoning, along with a Conditional Use Permit, would be a more viable option for the proponent and the area than simply placing a Heavy Commercial zone next to Ranch and Estate. The allowance of unlimited storage was a key negative element when considering a straight zone change from Ranch and Estate to Heavy Commercial. Also stressed was the possibility that if zoned Heavy Commercial, a use other than the proposed could locate there and have an extremely negative impact on the land; such as those outlined in Section 304.D of the Zoning Ordinance (see above, “Applicable Regulations”). Therefore, General Commercial would be more compatible next to Ranch and Estate because it calls for limited storage along with screening, which would mitigate the environmental impacts usually associated with outdoor storage such as visual clutter, noise and heavy equipment that would place a large burden on Lake Drive and a Conditional Use would guarantee that no other industrial use business could locate there. The Zoning Ordinance states that zoning decisions will take into accordance the Vision Plan. The Vision Plan does call for specific areas of the city to be “Industrial.” Staff interprets this to imply that Heavy Commercial could be more concentrated in these areas since compatibility with other land uses have been carefully considered. The nature of an “industrial” use with regard to land use is that it is more heavy and intense than other classifications and again, Ranch and Estate is one of the least intensive. Placing the two next to each other does not create a sensible border, so a General Commercial zone would provide a gentler buffer between land uses as opposed to Heavy Commercial. The Vision Plan calls for the subject property and the properties to the north, south and west, to be Commercial, so a zone change at this time to General Commercial falls in line with that document, which , like the Comprehensive Plan and the Zoning Ordinance, was adopted by the City Council. The area to the east and southeast, according to the Vision Plan, will remain rural in nature and is not projected to be rezoned. The Comprehensive Plan, too, recognizes the need for General Commercial next to Ranch and Estate instead of Heavy Commercial, noting that even CG/CH zoning adjacent to neighborhoods should be eliminated - CH zoning is even more intensive, although, again, it is the only zoning district that allows for a crematorium. In looking at the compatibility with the surrounding area, it is important to note that, while there are some more industrial or heavy types of uses along North Bryant Blvd, the proximity of this site to a rural neighborhood makes it a unique site. The

requirements to zone in accordance with the Vision Plan are also a very important concept to remember. With just one animal crematorium located in the City of San Angelo along Knickerbocker Road, there is a demonstrated community need to add another. Such a zone change and possible Conditional Use Permit on the subject property could provide a community benefit as the trend in people seeking such services for their pets is on the rise. Although the area has not experience a lot of growth and change in land use since the 1970’s, such an establishment, again, would not cause the area to drastically change.

The proposed zone change from Ranch and Estate to General Commercial, is a better fit to the area than the original request put before the Planning Commission where the proponent was seeking a zone change to Heavy Commercial. General Commercial with a possible Conditional Use to allow for an animal crematorium is even much more sensible and suitable. Roughly less than one half of the immediate surrounding land will remain Ranch and Estate. As such, this would be a more appropriate and responsible development approach.

Attachments: Excerpt from Zoning Map, showing the general

location within the City of San Angelo; Excerpt from the Comprehensive Plan Vision Map

highlighting the subject property; Excerpt from Zoning Map, highlighting subject

property; and Aerial photo, highlighting subject property. Citizen response; Draft minutes from November 19, 2012 Planning

Commission meeting; and Draft ordinance. Presentation: Roxanne Johnston, Planner Reviewed by: AJ Fawver, AICP, Planning Manager (11/14/12)

Exhibit 1. Minute Excerpt from November 19, 2012 Planning Commission Meeting. B. Z 12-15: Julie Snider A request for a zone change from Ranch and Estate (R&E) to Heavy

Commercial (CH) to specifically allow an “Animal Crematorium” included in the category of "Industrial Services" as defined by Section 316.A of the Zoning Ordinance on the following property:

4126 Lake Drive, located approximately 100 feet from the intersection of

Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, in western San Angelo.

Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of denial. There were four notifications sent as required for this request, with one received in favor and zero received in opposition. Ms. Johnston showed maps and photos of the area in question. The notification in favor did not have any written comments, but was shared with the Commission. Aerial photographs show some residential development to the south/southeast, with some industrial types of usage along N Bryant Blvd. The Vision Plan map calls for "commercial" usage at this location. The zoning is a large R&E zoning classification, with ML zoning to the south/southwest. The Vision Plan map calls for "rural" classification to the south/southeast, immediately adjoining the site in question. The property is currently vacant. The property has an empty storage shed, but is otherwise vacant. Residential dwellings are located to the east, storage yards to the north, and pastureland surrounds the subject property. The property was annexed in 1949 and has remained relatively unchanged since the 1970s. The Vision Plan map shows that the area is not projected to change from the current character of rural. The applicable regulations were reviewed with the Commission - Ms. Johnston explained that the requested zoning of CH allows for unlimited outdoor storage, and explained that the intent of R&E is to remain relatively low in intensity. She then reviewed the intent statement for the CH district and explained that the two are incompatible. She also reviewed several excerpts from the Comprehensive Plan that are relevant and provide guidance. CH districts can bring in heavier traffic than roads that are in place can sustain or were intended for. The surrounding uses are predominantly rural, and while this lot is labeled as "commercial" in the Vision Plan, and this proposed use is commercial - the proximity to the rural areas does not make it the best choice for a type of commercial. The Zoning Ordinance classifies an animal crematorium as an "industrial service". CH is one of the least compatible types of commercial for something next to a rural area. For example, the Comprehensive Plan calls for elimination of CG/CH next to neighborhoods - and this requested zone is actually more intensive than CG/CH. The proposed change would not be an

appropriate development pattern. R&E allows for the least environmental impact, whereas the CH zoning allows for high environmental impact. The Chair summarized that a crematorium is allowed in CH zoning, but that CH zoning is not appropriate where the property is located. The proponent, Julie Snider, came forward to speak in favor of the request. She also owns the property next door. She explained that there is some industrial usage that has begun taking place just north of the property, and then she talked about understanding what the use entails, and explaining that to the Commission. Sebastian Guerrero asked if she had experience in this type of usage, and she explained that she's learning about it as she goes, but can't move forward until she understands if the zoning approval is in place. There were some questions about the type of regulation that is in place for this type of usage and the environmental conditions. Jennifer Boggs spoke about the need for this type of usage for the community. There was a great deal of discussion about the actual type of effects that are produced by this type of endeavor, and Ms. Fawver explained that the Planning Commission could also modify the request - for example, to a CG zoning district - and pursue approval of a Conditional Use by the Planning Commission in order to put together some conditions of approval that could help mitigate the transition, helping to provide a more natural type of transition and minimize effects. There was no one else present to speak in favor or in opposition to this request. Motion, to recommend approval of a modification to a CG zoning to the City Council, (a lesser zoning category and thus allowed as a modification) and for staff to bring back an application for Conditional Use for "Industrial Services" to the Commission for consideration, was made by Jennifer Boggs and seconded by Joe Grimes. The motion passed unanimously, 6-0.

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 : 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre, changing the zoning classification from Ranch & Estate (R&E) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-15: Julie Snider

WHEREAS, the applicant seeks to develop the property in accordance with the

city's Comprehensive Plan and Zoning Ordinance. WHEREAS the applicant seeks to market the property and bring business to San

Angelo through zoning the property in accordance with the plans and policies of the city for the types of businesses that are allowed in an industrial area.





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: : 4126 Lake Drive, located approximately 100 feet from the intersection of Lake Drive and North Bryant Boulevard; more specifically occupying the Short George Addition, Blocks 9 and 10, 180’ x 484’ tract less the southwest 0.1020 acre shall henceforth be permanently zoned as follows: General Commercial (CG) District.


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.





____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk


City of San Angelo



From: Shawn Lewis, Director of Community and Economic Development


Contact: Shawn Lewis, 657-4210

Caption: Regular Agenda Item

Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation to approve and execute the lease “substantially in the form of the attached draft” document between COSADC and ASU Small Business Development Center in the Business Resource Center at 69 North Chadbourne.

Summary: ASU SBDC requires a lease to occupy space in the Business Resource

Center. ASU SBDC will move into the BRC once the lease is approved and signed. The City Legal staff and Texas Tech Legal have drafted a lease for space. See attached lease agreement.

History: ASU SBDC requires a lease for office space that it occupies. ASU/Texas Tech

Legal staff and City Legal staff drafted a lease agreement for the space.

Financial Impact:

None

Related Vision Item

(if applicable):

N/A


Staff recommends approval as presented

Attachments: Lease agreement approved by COSADC

Presentation: Shawn Lewis, Director of Community and Economic Development

Publication: N/A


Shawn Lewis, ext 1541

Approved by Legal:

Dan Saluri

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COSADC/ASU Lease Agreement

LEASE AGREEMENT LESSOR: City of San Angelo Development Corporation, a Texas non-profit development corporation. LESSEE: Angelo State University, a member of the Texas Tech University System. LEASED PREMISES: Business Resource Center 69 North Chadbourne Street, San Angelo, Texas

76903-5848. Suites 102.0 through 102.10 REFERENCE DATA Commencement Date: December 10, 2012 Building Name: Business Resource Center Leased Premises Address: 69 North Chadbourne Street, San Angelo, Texas 76903-5848 Suites 102.0 through 102.10 Lessor: City of San Angelo Development Corporation Address: 72 West College, San Angelo, Texas 76903 Lessee: Angelo State University, member Texas Tech University System Address: Facilities Planning and Construction ASU Station #11011, San Angelo, Texas 76909-1011 Total Leasable Area in Leased Premises: 2516 square feet (approx.) Estimated Commencement Date: December 20, 2012 Estimated Termination Date: Terminates on August 31, 2013, but may renew annually until August 31,2016 Term of Lease: As long as Four (4) years (with yearly auto renewal & funding out clauses) Annual Rent - 1st Year: $19,988.00, prorated by day for year 1 Security Deposit: N/A Use of Leased Premises: Office space for operation of Small Business Development Center Exhibits: The exhibits marked in this section are incorporated in this Lease by reference hereto and are to be construed as part of this Lease Agreement. X Exhibit "A" - Legal Description X Exhibit "B" - MOU X Exhibit "C" – Special Provisions

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TABLE OF CONTENTS

1. TERM OF LEASE .................................................................................................................... 3 2. RENT ........................................................................................................................................ 3 3. PAYMENT OF RENT .............................................................................................................. 3 4. SERVICES BY LESSOR .......................................................................................................... 4 5. MAINTENANCE AND REPAIRS .......................................................................................... 4 6. COMMON AREA MAINTENANCE ...................................................................................... 4 7. TAXES ...................................................................................................................................... 4 8. INSURANCE ............................................................................................................................ 4 9. SECURITY ............................................................................................................................... 5 10. ALTERATIONS ..................................................................................................................... 5 11. ACCEPTANCE OF PREMISES ............................................................................................ 5 12. USE OF LEASED PREMISES ............................................................................................... 5 13. LESSOR'S RIGHT OF ENTRY ............................................................................................. 6 14. ASSIGNMENT AND SUBLETTING .................................................................................... 6 15. SURRENDER AND HOLDING OVER ................................................................................ 6 16. DESTRUCTION OF LEASED PREMISES ........................................................................... 6 17. HOLD HARMLESS AND INDEMNITY .............................................................................. 7 18. SALE OR ASSIGNMENT BY LESSOR ............................................................................... 7 19. DEFAULT BY LESSEE ......................................................................................................... 8 20. REMEDIES BY LESSOR ...................................................................................................... 8 21. EXAMINATION NOT OPTION ............................................................................................ 9 22. DAMAGE ............................................................................................................................... 9 23. REMEDIES BY LESSEE ....................................................................................................... 9 24. WAIVER OF DEFAULT ........................................................................................................ 9 25. BINDING EFFECT ................................................................................................................. 9 26. WAIVER OF SUBROGATION ........................................................................................... 10 27. CONDEMNATION .............................................................................................................. 10 28. USE OF LANGUAGE .......................................................................................................... 10 29. NOTICES .............................................................................................................................. 10 30. CAPTIONS ........................................................................................................................... 11 31. REMOVAL OF EQUIPMENT AND FIXTURES ............................................................... 11 32. FORCE MAJEURE ............................................................................................................... 11 33. SIGNS ................................................................................................................................... 11 34. ENTIRE AGREEMENT ....................................................................................................... 12

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LEASE AGREEMENT This Lease Agreement is made by and between the City of San Angelo Development Corporation, a Texas Nonprofit Development Corporation (Lessor) and Angelo State University a member of the Texas Tech University System (Lessee) on the Execution Date stated in the REFERENCE DATA, which REFERENCE DATA is attached to and made a part hereof for all purposes.

W I T N E S S E T H:

Lessor does hereby lease to Lessee and Lessee accepts from Lessor the Leased Premises, located at the address specified in the REFERENCE DATA and hereinafter called the "Leased Premises", subject to the covenants, terms, provisions, and conditions of this Lease Agreement. The legal description of the real estate on which the building in which the Leased Premises is located (the “Building”) is attached hereto as Exhibit "A".

1. TERM OF LEASE This Lease Agreement shall begin on the Commencement Date, and shall end on August 31, 2013, except that it shall automatically renew for three (3) additional one year terms if neither party objects at least thirty (30) days prior to the expiration of a term. In any case, this Lease Agreement shall not extend beyond August 31, 2016. This Lease Agreement may terminate on an earlier date pursuant to any of the other conditions or provisions of this Lease Agreement.

2. RENT Lessee agrees to pay to Lessor, without demand therefor and without any deduction or offset whatsoever, an annual rent payment payable in advance during the full term of this Lease Agreement. First year rent payment is prorated due and payable within 30 days of the Commencement Date. Thereafter annual rent shall be due and payable on or before October 1st for each fiscal year of the term of this Lease or any extensions thereof. The Lessee shall have the right to cancel this contract at the end of the then current fiscal period (September 1 to August 31) if funds are not allotted for the next fiscal year to continue this contract. The Lessee may enact such cancellation by giving the Lessor written notice of its intention to cancel not less than thirty (30) days prior to the end of the then current fiscal period, stating its reasons for cancellation. Upon cancellation of this contract as provided in this section, the Lessee shall not be responsible for the payment of any services received which occur after the end of the current contract period.

3. PAYMENT OF RENT All rent hereunder shall be paid by check to the Landlord at the address shown at Paragraph 29, NOTICES, of this Lease Agreement, or to such other place as Lessor may from time to time designate in writing; provided, however, all rent must be actually received by Lessor on or before its due date.

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4. SERVICES BY LESSOR

Lessor agrees to furnish to the Leased Premises during reasonable hours of generally recognized business days, heating and cooling required for the normal office use and occupation of the Leased Premises. Lessee requires 24/7 access to leased space and common areas. Lessor shall make water, gas, electric, and sewer utilities available to the Leased Premises. Failure to any extent to furnish these services resulting from causes beyond the control of Lessor shall not render Lessor to be in default hereof, however occurring, nor relieve Lessee from any of Lessee's obligations under this Lease Agreement.

5. MAINTENANCE AND REPAIRS Lessor shall keep and repair the interior and exterior of the Leased Premises, including all paving, parking areas, exterior landscaping and exterior lighting associated with the Leased Premises, unless the need for such repair shall have been caused by the negligence or misconduct of Lessee or Lessee's employees, agents, or invitees. Lessor shall not be required to pay for any charges made for repair of the Leased Premises authorized by Lessee without notice to and prior approval of Lessor in writing and Lessor shall not have any liability for damage or injury arising out of any occurrence causing a need for such repair. Lessee hereby agrees to exercise all reasonable care to prevent damage to the Leased Premises. Lessor shall furnish janitorial services furnished by Lessor for the rest of the offices and common areas of the building..

6. COMMON AREA MAINTENANCE Lessor is responsible for all common area maintenance.

7. TAXES Lessor shall pay and fully discharge all of the real estate ad valorem taxes on the Leased Premises. To the extent that such taxes are applicable to Lessee as a tax-exempt entity, Lessee will pay all personal property taxes and all real estate ad valorem taxes and assessments levied, assessed, or imposed upon all improvements erected, installed or placed by Lessee on the Leased Premises.

8. INSURANCE

(a) Lessor shall at all times during the term of this Lease Agreement carry fire and extended coverage insurance on the Building for not less than eighty percent (80%) of the replacement cost of said improvements. Lessor shall not be required to insure and shall not be liable to Lessee for any loss or damage to Lessee's property including, but not limited to, furniture, fixtures, equipment and inventory and leasehold improvements added to the Leased Premises by Lessee which may be caused by fire, wind, rain, flood, other unforeseen Acts of God, or any other cause. Lessee is self-insured for liability purposes. Lessor shall not be responsible or liable to Lessee for any loss or damage to person or property that Lessee may incur by or through any act or failure to act of other tenants occupying any part of the building in which the Leased Premises are located, or for any loss or damage to property that Lessee may incur arising from bursting or leaking of water, gas, or sewer pipes, or for any damage or loss of property within the premises from any other reason whatsoever, except if caused by the negligence of the Lessor, or its agents or employees.

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(b) Lessee, during all times that this Lease Agreement is in effect, shall maintain self insurance

(or purchase insurance, at Lessee’s sole discretion) at Lessee’s expense as follows:

(i) For general liability in an amount not less than statutory limits; and, (ii) For property damage arising from and related to Lessee’s business operations and

contents on the Leased Premises.

9. SECURITY To the extent allowed by Texas law, Lessor hereby disclaims, and Lessee hereby waives, any obligations on the part of Lessor to provide security for the Leased Premises at any time. To the extent allowed by Texas law, Lessee agrees that Lessor shall not be liable to Lessee or Lessee's employees, agents or invitees, or to any other person whomsoever for any injury to person or damage to property on or about the Leased Premises by reason of the absence and/or failure of security, and Lessee further agrees that the provisions of Paragraph 17, HOLD HARMLESS AND INDEMNITY, shall apply with respect to any claim, damage, cost and/or expense asserted against or incurred by Lessor and arising from the absence and/or failure of security for the Leased Premises insofar as Texas law allows.

10. ALTERATIONS Lessee may not make any alteration to the Leased Premises. If Lessor, in Lessor's sole discretion, approves any alteration to the Leased Premises, except as agreed otherwise in writing by Lessor, all alterations shall at once become a part of the realty and belong to Lessor, except movable furniture and trade fixtures. Lessee shall keep the Leased Premises in good condition, and shall, at the expiration or termination of this Lease Agreement, deliver the Leased Premises to Lessor in as good a condition as of the date of possession, except for ordinary wear and tear, casualty and Lessor repairs.

11. ACCEPTANCE OF PREMISES LESSEE ACCEPTS THE LEASED PREMISES AS IS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE. To the extent that a reasonable person could have discovered any defects or conditions to indicate to the contrary, Lessee's taking possession shall be conclusive evidence that the Leased Premises was in good order and satisfactory condition when Lessee took possession. Further, there was nothing in or about the Leased Premises obviously dangerous to life, limb, or health, and, to the extent allowed by Texas law, Lessee waives any claim for damages that may arise from defects of that character. No promise of Lessor to alter, remodel, repair, decorate or improve the Leased Premises, and no representation respecting the condition of the Leased Premises has been made by Lessor to Lessee other than as may be contained herein or on the exhibits attached hereto. 12. USE OF LEASED PREMISES Lessee shall use the Leased Premises for general office and educational purposes and for no other purpose without the prior written consent of Lessor. Lessee, its employees, agents, or invitees, shall not

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do or permit anything to be done in or about the Leased Premises which in any way will injure the reputation or appearance of the Leased Premises. Lessee shall not cause, maintain or permit any nuisance in, on, or about the Leased Premises. Lessee shall not conduct any business in the Leased Premises except that essentially connected with the stated use of the Leased Premises in the REFERENCE DATA.

13. LESSOR'S RIGHT OF ENTRY The parties hereto agree that Lessor, its agents or representatives, shall have the right, without abatement of rent, to enter upon the Leased Premises to examine the Leased Premises, improve or repair the Leased Premises, provide services required of Lessor, or to make such repairs or alterations to Leased Premises as may be necessary for the safety and preservation of said Leased Premises. Such examinations, repairs, and alterations, except those of an emergency nature, shall be made so as to cause a minimum of interference with Lessee's business conducted in the Leased Premises, and, to the maximum extent possible, reasonable prior notice shall be provided to Lessee. For each of the aforesaid purposes, Lessor shall, at all times, have and retain a key to unlock all of the doors in and to the Leased Premises.

14. ASSIGNMENT AND SUBLETTING Lessee may not assign this Lease Agreement or any interest herein, nor sublet the Leased Premises nor any part thereof nor any right or privilege pertinent thereto. If Lessor, in Lessor's sole discretion, approves a transfer, assignment or sublease, each transferee, assignee or sublessee must assume in writing all of Lessee's obligations under this Lease Agreement, and Lessee shall remain liable for each and every obligation hereunder. In the event Lessee assigns or sublets any portion of the Leased Premises without the prior written approval of Lessor, Lessee shall be deemed to be in default of this Lease Agreement and Lessor shall have all remedies provided in this Lease Agreement.

15. SURRENDER AND HOLDING OVER Lessee, upon expiration or termination of this Lease Agreement, either by lapse of time or otherwise, agrees to surrender peaceably the Leased Premises to Lessor. In the event that Lessee shall fail to surrender the Leased Premises as provided above, such holding over shall be construed as tenancy from month to month upon the other terms and conditions as set out herein, and Lessee shall pay Lessor as rent twice the most recent monthly rental paid prior to the date of such termination.

16. DESTRUCTION OF LEASED PREMISES In the event the Leased Premises is damaged by fire or other casualty, Lessor shall forthwith repair the same provided such repairs to the Leased Premises can normally be made within sixty (60) days from the date of the casualty. This Lease Agreement shall remain in full force and effect except that Lessee shall be entitled to a proportionate abatement in rent, unless such damage or casualty resulted from the negligence or other act of Lessee or its agents, licensees, invitees or employees, from the date of such damage and while such repairs are being made, such reduction to be determined by Lessor based pro rata on the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Lessee of the Leased Premises. If such repairs cannot be made within sixty (60) days, Lessor shall have the option by written notice given at any time within thirty (30) days after such damage, of terminating this Lease Agreement as of the date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the giving of such notice. In the event of

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the giving of such termination notice, rent, proportionately abated as specified above, shall be paid by Lessee only through the specific termination date provided for in the notice, Lessor agreeing to refund to Lessee any rent theretofore paid in advance for any period of time subsequent to such date. In the event Lessor does not exercise the above set forth option to terminate this Lease Agreement shall continue in full force and effect, but the rent hereunder to be proportionately abated as provided above. Lessor shall not be required to repair or replace any property or improvements installed in the Leased Premises by Lessee. The foregoing notwithstanding, Lessor shall not be required to expend in repairing and restoring the Leased Premises any amount in excess of the insurance proceeds received by Lessor for such damage or casualty which are allocable to the Leased Premises. 17. HOLD HARMLESS AND INDEMNITY To the extent allowed by Texas laws and constitution of the State of Texas, Lessor shall not be liable to Lessee or Lessee's employees, agents or invitees, or to any other person whomsoever for any injury to person or damage to property on or about the Leased Premises caused by or arising out of the negligence, misconduct, other acts or omissions of any person other than Lessor; the Leased Premises becoming out of repair; the lack of supervision or security for the Leased Premises; the management of Lessee's business in the Leased Premises; or the breach on the part of Lessee of any term or condition of this Lease Agreement. Only insofar as Texas laws and constitution of the State of Texas allows, Lessee agrees to indemnify and hold Lessor harmless from and against any and all liability and claims for any and all such injury or damage, including reasonable attorney's fees for the defense thereof. Only insofar as Texas law allows, in case of any action or proceeding brought against Lessor by reason of any such claim, Lessee covenants and agrees to defend such action or proceeding by legal counsel appointed by Lessee, and shall indemnify and hold Lessor harmless from any liability costs, expenses, judgment, or other loss arising out of any such action or proceeding.

18. SALE OR ASSIGNMENT BY LESSOR In the event of a sale or conveyance by Lessor of the Leased Premises, provided the successor owner agrees in writing to assume all of Lessor's obligations under this Lease Agreement, the same shall operate to release Lessor from any future liability under this Lease Agreement to Lessee, and Lessee agrees, following such a sale or conveyance to look solely to the successor owner for performance of all the covenants and obligations of Lessor under this Lease Agreement. This Lease Agreement shall not otherwise be affected by any such sale or conveyance. Lessee agrees to attorn to the successor owner. Lessee agrees that Lessor may assign all of its rights as Lessor under this Lease Agreement only if each transferee or assignee assumes in writing all of Lessor’s obligations under this Lease Agreement, unless otherwise agreed in writing by Lessor and Lessee prior to such assignment. Lessee further agrees to give such further evidence of Lessee's consent to such assignment as may be reasonably requested by Lessor or by Lessor's assignee.

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19. DEFAULT BY LESSEE

Lessee shall be in default under this Lease Agreement if any of the following occur: (a) Lessee shall fail to pay when due any rent or other sum of money required to be paid to Lessor

pursuant to the terms of this Lease Agreement. (b) Lessee shall fail to comply with any material term or condition of this Lease Agreement other

than the payment of any rent or other sum as described in subparagraphs (a) hereinabove. Lessor agrees to give Lessee notice of any such failure and a reasonable time to cure such failure, generally no less than thirty (30) days, before declaring Lessee in default under this Lease Agreement if such notice and reasonable time can be given without prejudice to the protection of Lessor's rights hereunder.

20. REMEDIES BY LESSOR

(a) Should Lessee default under, or fail to perform, any provision of this Lease Agreement, Lessor may at its option do any one or more of the following, insofar as Texas law allows:

i. Terminate this Lease Agreement and Lessee shall immediately surrender the Leased Premises

to Lessor. In the event Lessor elects to terminate this Lease Agreement, Lessee shall be liable to Lessor for all rentals and sums due for the remaining term of this Lease Agreement, all of which shall be immediately due and payable.

ii. Lessor may relet the Leased Premises or any part thereof for all or any part of the remainder

of said term of this Lease Agreement to a part satisfactory to Lessor, and at such monthly rental as Lessor may with reasonable diligence secure. Lessee shall pay to Lessor upon demand all expense of reletting, and shall pay to Lessor upon demand the amount of the total projected deficiency for the remaining term of this Lease Agreement should the total rental provided for under the relet lease be less than the total rental Lessee was obligated to pay under this Lease Agreement.

iii. Lessor may enter the Leased Premises by any lawful means without being liable for

prosecution or any claim for damages therefor and perform the obligations of Lessee under this Lease Agreement, and Lessee agrees to reimburse Lessor upon demand for any expenses incurred by Lessor in effecting compliance with Lessee's obligations.

(b) To the extent allowed by Texas law, Lessee agrees that Lessor shall not be liable for any damages

resulting to Lessee from Lessor’s election of any of the foregoing remedies. All rights and remedies of Lessor under this Lease Agreement shall be cumulative and none shall exclude any other right or remedy at law. Such rights and remedies may be exercised and enforced concurrently and whenever and as often as the occasion therefor may arise.

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21. EXAMINATION NOT OPTION

Submission of this instrument for examination or signature by Lessee does not constitute a reservation of or option for lease and it is not effective as a lease or otherwise until execution and delivery by both Lessor and Lessee.

22. DAMAGE Lessor shall not be responsible or liable to Lessee for any loss or damage which may be caused by or arising out of the acts or omissions of persons occupying other premises in the building, or, to the extent allowed by Texas law, for any loss or damage resulting to Lessee or Lessee's property from bursting, stoppage or leakage of water, gas, sewer or steam pipes.

23. REMEDIES BY LESSEE In the event of any default by Lessor of any term or condition of this Lease Agreement, Lessee shall give written notice to Lessor of such default in reasonable detail and Lessor shall have thirty (30) days to commence to cure such default after receipt of written notice. If Lessor has not with reasonably diligence and good faith commenced to cure said default within said thirty (30) days, Lessee may at its option terminate this Lease Agreement.

24. WAIVER OF DEFAULT No waiver of default of Lessee shall be implied, and no express waiver shall affect any default other than the default specified in such waiver and that only for the time and to the extent herein stated. The parties hereby agree that no action by Lessor pursuant to Paragraph 23, REMEDIES BY LESSOR, or any other paragraph of this Lease Agreement shall be deemed an acceptance by Lessor of Lessee's surrender of the Leased Premises, thereby relieving Lessee of any liability hereunder.

25. BINDING EFFECT This Lease Agreement shall be binding upon and inure to the benefit of the representatives, successors and assigns, of the parties. Each person, corporation or other legal entity which is authorized by Lessee to conduct any business or other operations on the Leased Premises, either as a transferee, assignee, sublessee, licensee, invitee or otherwise, shall be liable for all of Lessee's obligations under this Lease Agreement and shall have assumed all such obligations by virtue of having conducted any business or other operations on the Leased Premises. Each of the persons executing this Lease Agreement on behalf of Lessee hereinbelow is executing this Lease Agreement not only on behalf of the named Lessee but also on behalf of and as an authorized agent of any other person, corporation or other legal entity described in the preceding sentence.

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26. WAIVER OF SUBROGATION

The parties hereto agree that with respect to damage from fire or other casualty or events, the risk of which are insurable under standard insurance policies, no insurer of either party hereto against such risk or damage covering the Leased Premises shall have a right of subrogation against the other party, their officers, directors, employees or agents, and both parties hereto release and waive any right to recover from said person for any damage covered by such insurance. Such waiver shall stand mutually terminated as of the date either party notifies the other party in writing of the termination of each waiver. Each party shall notify its respective insurer of such waiver of subrogation and this provision shall remain in effect so long as such provision does not invalidate insurance coverage or prevent insurance coverage provided for in this Lease Agreement. 27. CONDEMNATION If all or any substantial part of the Leased Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, or conveyance in lieu thereof, Lessor shall give Lessee notice thereof and thereafter have the right, at its option, to terminate this Lease Agreement as of the date possession is taken hereunder. If the taking of a sufficient or a certain portion of the Leased Premises renders the balance of the Leased Premises inadequate for the operation of Lessee's business at the Leased Premises, Lessee shall have a right to terminate this Lease Agreement upon written notice to Lessor not later than thirty (30) days from the date such possession is to be taken, said termination to be effective as of the date possession is to be taken. The entire compensation awarded to Lessor by reason of said eminent domain proceedings shall belong to Lessor without any deduction therefrom for any present or future estate or interest of Lessee. In the event of a partial taking of the Leased Premises, if this Lease Agreement is not terminated, Lessor at its expense shall restore any damage to the Leased Premises as a result of the taking, and the rent and any other sums payable by Lessee to Lessor shall be reduced by the percentage that the area of the Leased Premises taken bears to the area of the entire Leased Premises prior to the taking.

28. USE OF LANGUAGE Words of any gender used in this Lease Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural unless the context otherwise requires.

29. NOTICES All provisions for notice of any kind under this Lease Agreement shall be deemed sufficient notice if: (a) such notice to Lessee is in writing addressed to Lessee's address indicated in the REFERENCE DATA, or the last known post office address of Lessee and deposited in the United States mail by registered or certified mail, return receipt requested, with postage prepaid, and (b) such notice to Lessor is in writing addressed to Lessor's address indicated in the REFERENCE DATA, or at such other address as Lessor may notify Lessee in writing and deposited in the United States mail by registered or certified mail, return receipt requested, with postage prepaid. Notice shall be deemed given when mailed in accordance with the provisions of this Lease Agreement.

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30. CAPTIONS

The captions or headings of paragraphs in this Lease Agreement are inserted for convenience only, and shall not be considered in construing the provisions hereof if any question of intent should arise.

31. REMOVAL OF EQUIPMENT AND FIXTURES Lessee shall have the right to remove from the Leased Premises signs, shelving, and other fixtures and equipment which have been installed upon the Leased Premises by Lessee, provided that Lessee is not in default under any of the terms and conditions of this Lease Agreement, and that Lessee shall repair any damage caused by removal of its property so as to restore the Leased Premises in the same or similar condition as provided in Paragraph 11, ALTERATIONS, hereof. The foregoing notwithstanding, Lessee shall not have the right to remove from the Leased Premises any item or items built and/or purchased by Lessee in whole or in part with funds provided by Lessor whether such funds are provided as a finish-out allowance under this agreement or otherwise; interior partitioning, wall coverings, floor and floor coverings, ceilings, lighting fixtures, heating and air conditioning and ventilating equipment and any other electrical, mechanical, plumbing or other similar items which would be used in the general occupancy of the Leased Premises; or any item or items used in lieu of permanent wall coverings, ceiling coverings and/or floor coverings, including, but not limited to, such items as wall cabinets or shelving which do not have built-in wall coverings behind them and built-in units which do not have permanent floor coverings below them.

32. FORCE MAJEURE Neither party shall be required to perform any term, condition or covenant of this Lease Agreement so long as such performance is delayed or prevented by force majeure which shall mean acts of God, strikes, lockouts, shortage of material or labor restrictions by any governmental authority, civil riot, floods, and any other cause not reasonably within the control of the party affected by the force majeure, and which, by the exercise of due diligence, that party is unable wholly or in part to prevent or overcome.

33. SIGNS Lessee will install sign on exterior of building near entrance per SBDC cooperative agreement. See Special Provisions Exhibit “C”

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34. ENTIRE AGREEMENT

This Lease Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the Leased Premises. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing dated subsequent to the date hereof and duly executed by the parties hereto. If Lessor is a partnership (general or limited) or corporation, no partner, director, officer, stockholder or other individual associated with said Lessor shall be personally liable for any of Lessor's obligations or covenants hereunder to the extent allowed by Texas law. Each Lessee signing this Lease Agreement, if more than one, is jointly and severally liable for all of Lessee's obligations under this Lease Agreement, insofar as Texas law allows. NEITHER THE EXECUTION OF THIS CONTRACT BY LESSEE NOR ANY OTHER CONDUCT OF ITS REPRESENTATIVES RELATING TO THIS AGREEMENT SHALL BE CONSIDERED A WAIVER OF LESSEE’S SOVEREIGN IMMUNITY TO SUIT EXECUTED on the Execution Date indicated in the REFERENCE DATA. LESSOR:

City of San Angelo Development Corporation

By: Printed Name: Title:

LESSEE: Angelo State University, member TEXAS TECH UNIVERSITY SYSTEM By: Printed Name: Title:

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EXHIBIT "A"

LEGAL DESCRIPTION

Being that certain tract of land described in Warranty Deed recorded in Instrument Number 699748 Official Public Records of Tom Green County, Texas, also being 0.3407 acres (14,840 square feet) out of Acre Lots 15 and 16 of the Miles Addition to the City of San Angelo, and being 0.3111 acres (13,553 square feet) also being all of Lots 8 through 10 and the South 17.6 feet of Lot 11, W.C. Johnson’s Subdivision of a part of Acre Lots 5 and 6, of the Miles Addition to the City of San Angelo, Tom Green County Texas. Suites 102.00 through 102.10.

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COPY

EXHIBIT "B"

MOU

MEMORANDUM O F UNDERSTANDING BY A N D B E T W E E N THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC), OPERATOR OF THE BUSINESS RESOURCE CENTER(BRC), AND THE ANGELO STATE UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER (ASU SBDC) RELATING TO OCCUPANCY OF T H E B R C F A C I L I T Y . THE AGREEMENT R ELATES TO THE B U D G E T CONTRIBUTIONS, OPERATIONAL RESPNSIBILITIES, AND SPACE OCCUPIED DURING FISCAL YEAR 2012-2013. (SEPTEMBER 1 TO AUGUST 31)

WHEREAS, the City of San Angelo Development Corporation is a Texas n on-- profit

development corporation organized pursuant to the Texas Development Corporation Act for purposes of promoting the development of new and expanding enterprises which create or retain jobs; and,

WHEREAS, the Angelo State University Small Business Development Center (ASU

SBDC), a partnership with the Small Business Administration, provides small businesses in the Concho Valley with business advising and training services; and,

WHEREAS, ASU SBDC, (A BRC Partner ) shares a common goal with the COSADC

and other BRC Partners (Concho Valley Center for Entrepreneurial Development, Downtown San Angelo, Inc., San Angelo Chamber of Commerce and the Concho Valley Workforce Development Board) to promote economic development in the /City and Concho Valley and has determined that locating offices together in the BRC will facilitate the effective and efficient delivery of the services offered by each to the community; and,

WHEREAS the ASU SBDC desires to enter into this MOU as a BRC Partner and to lease

space in the BRC;

NOW, THEREFORE, the COSADC and ASU SBDC enter into the following Memorandum of Understanding (MOU) and agree as follows:

1. Incorporation of Recitals. The foregoing recitals are in all things approved and incorporated herein as if fully set forth.

2. Operation of t h e Bus ines s Resource Center. COSADC owns and will be responsible for the development, operation and maintenance of the Business Resource Center office building located at 69 North Chadbourne Street, San Angelo, Texas.

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3. BRC Partner Office Space Leases. The ASU SBDC will negotiate and execute a lease with the COSADC for office space within the BRC as designated by COSADC for conduct of the various economic development related services and programs offered by the BRC Partners.

4. BRC Partner Tenant Responsibilities. The ASU SBDC will be responsible for furnishing, equipping and staffing their office space for purposes of offering small business development related services and programs of the nature referred to herein.

5. COSADC Landlord Responsibilities. The COSADC responsibilities as landlord will include the providing of utilities, HVAC, trash removal from onsite exterior collection facility, telecommunications infrastructure not dedicated to a tenant BRC Partner, and security system for the BRC office building.

6. BRC Not a Partnership or Joint Venture. ASU SBDC will comply with the provisions of the "BRC Concept of Operations" attached hereto as Exhibit "A" and made a part hereof for all purposes as if fully set forth. The BRC is an office facility and will be publicly ident i f ied and marketed as such by the parties, as distinguished from a partnership or joint venture.

7. Insurance. It is the stated policy of the State of Texas not to acquire commercial general liability insurance for torts committed by employees of the state who are acting within the scope of their employment. Rather, third parties must look to the Texas Tort Claims Act for relief with respect to property damage, personal injury, and death proximately caused by the wrongful act or omission or negligence of an employee acting within his scope of employment.

8. BRC Guiding Principles. Attached hereto as Exhibit "B," for all purposes as if fully set forth herein, are the BRC Guiding Principles. The BRC Partners accept the BRC Guiding Principles as stated or as they may be amended in the future by mutual agreement of the COSADC and the BRC Partners including ASU SBDC. ASU SBDC shall maintain a copy of the BRC Guiding Principles in their office space within the BRC accessible to management employees of the ASU SBDC for reference and guidance for cooperation among the ASU SBDC, the other BRC Partners and the COSADC.

9. Allocated S p a c e i n the BRC and Budget Contributions. The COSADC has adopted a Space Occupied and Budget Maintenance and Operations Budget, setting forth estimates for maintenance and operation of the facility and an allocation of costs based upon anticipated dedicated and shared facility space for ASU SBDC and the COSADC. The estimated budget and cost allocations are attached hereto as Exhibit "C", and incorporated herein by reference thereto for all purposes as if fully set forth. The space and budget allocations w i l l be reflected in the leases to be negotiated by and between the COSADC and the ASU SBDC.

Memorandum of Understanding between COSADC and ASU SBDC

10. Status of Employees. The COSADC and ASU SBDC shall each retain supervision and control of their own regular employees at all times during the term of

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this MOU and during the term of any lease agreement entered into by and between the COSADC and ASU SBDC. The employees, agents or representatives of ASU SBDC shall not be entitled to benefits conferred on the employees, agents or representatives of any other BRC Partner or of the COSADC. 11. Term and Termination. The original term of this MOU commences on September 1, 2012, and ends August 31, 2013. Thereafter, this MOU shall automatically renew on an annual basis unless earlier terminated by either Party hereto upon 60 days written notice of intent to terminate given to the other Party.

12. Execution. If the governing body of a Party is required to approve this MOU, it shall not become effective until approved by the governing body of that Party. In that event, this MOU shall be executed by the duly authorized officers of the Party as expressed in the approving resolution or order of the governing body of said Party. 13. Assignment. A Party may not assign this MOU or any rights hereunder without prior written, authorized consent of the other Party, which consent may be withheld upon the mutual agreement of the remaining BRC Partners, including ASU SBDC, and COSADC. 14. No Rights in Third Parties, Applicable Law. Venue. This MOU is not intended to create any legal rights enforceable by any third party against any Party hereto, nor is it intended to waive any rights or defenses available to any Party hereto. This MOU shall be governed by the laws of the State of Texas. Venue for any proceeding brought pursuant to this MOU shall be in Tom Green County, Texas. 15. Entire Agreement. This MOU is the entire agreement between the Parties and supersedes any and all prior agreements or understandings, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other prior agreement, statement, or promise relating to the subject matter of this MOU, which is not contained herein, shall be valid or binding. 16. Binding Agreement. This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, legal representatives, and assigns.

3 Memorandum of Understanding between COSADC and ASU SBDC

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17. Amendment. This MOU may only be amended by the mutual agreement of the

Parties hereto in writing signed by a duly authorized representative of each Party. 18. Severability. In any event that one or more of the provisions contained in this MOU shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions herein, and this MOU shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 19. Survival and Cumulative Enforcement of Rights. Those provisions of this MOU which by their very nature extend beyond termination or expiration of this MOU shall survive such termination or expiration. All rights for enforcement of this MOU shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and, COSADC and ASU SBDC shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this MOU. No waiver by a Party hereto of a breach of any of the covenants, conditions, or restrictions of this MOU shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained herein. 20. Force Majeure. In the event that any Party hereto shall be prevented from performing its duties under this MOU by an act of nature, by acts of war, riot, act of terrorism, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the Party, such non- performance by that Party shall not be considered a breach of this MOU. 21. Notice. Any notice to be given hereunder by any Party(s) to the other Party shall be in writing and sent by first class U.S. mail, registered or certified, return receipt requested as follows:

CITY OF SAN ANGELO DEVELOPMENT CORPORATION Attention: Board President P.O. Box 1751 San Angelo, Texas 76902

With a copy to: City Attorney's Office P.O. Box 1751 San Angelo, Texas 76902

ANGELO STATE UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER Attention: Dave Erickson, Director ASU Station #10910-0910 San Angelo, Texas 76909-0910


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EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized officer as required by law, in multiple counterparts each of which shall be deemed to be an original, on the date specified.

CITY OF SAN ANGELO DEVELOPMENT CORPORATION BY: Larry Teague ITS: President DATE: April 30, 2012

ANGELO STATE UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER BY: Dr. Nancy Allen, Vice Provost April 26, 2012

APPROVED AS TO CONTENT APPROVED AS TO FORM Shawn Lewis, Director Dan T. Saluri, Sr. Asst. City Atty., Community & Economic Development For: Lysia H. Bowling, City Atty.


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MOU

Exhibit A

BRC Concept of Operations

1. The COSADC and ASU SBDC agree that the COSADC or designated subset will own, operate, and maintain the BRC building and provide all routine and emergency maintenance to include HVAC equipment, security system, and the primary telecommunications infrastructure that is not dedicated to any one BRC tenant.

2. The BRC will be marketed and operated as a facility, not an organization. Each

partner organization ("tenant") within the BRC facility will assist with marketing the BRC, to include standardized information on web sites, brochures, and forms of other media presentations. Partners will collaborate to plan and develop these standardized marketing materials.

3. A dedicated main telephone line/number and fax number for the BRC facility will be

identified, installed, and published.

4. A dedicated email address for the BRC facility will be identified, installed, and published. An example of that might be [email protected].

5. BRC partner offices of ASU SBDC, CVCED, & COSADC will have its own (existing)

unique telephone number(s), fax number(s). Each partner will maintain their own email addresses. Part time or occasional use partners will be on an extension of the BRC phone number.

6. The main phone reception desk for the BRC will be normally staffed by an employee

of COSADC, although the main telephone line(s) may be transferred to other partner offices due to vacation, illness, lunch, etc.

7. Data services and Internet access for the ASU SBDC will separated from other BRC

partners via a direct connection to the Angelo State University network.


mailto:[email protected]

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8. Data services and Internet access for all other BRC partners other than ASU SBDC will be

routed through the COSADC server; however, individual partners such as the CVCED may be set up on a unique VLAN.

9. Each BRC partner will provide their own furniture, computers, telephones, fax, and

multimedia equipment for their dedicated rooms. Telephones for "occasional use- part time" offices will (if possible) be purchased with COSADC funds.

10. Funding for audio visual equipment and furniture for common use Meeting room (103.0)

and common use Conference room (100.3) is intended to be purchased from a grant.

11. Common area IT connectivity such as Meeting room (103.0) and Conference room (100.3) will be through COSADC server. Wi-Fi connectivity can be available through ASU Guest Wi-Fi installed throughout the facility unless other WI-Fi connectivity is installed.

12. Meeting room (103.0) will be available to facility partners at no cost on a reservation basis.

All others will be charged a fee based on a yet to be determined fee schedule. For now, scheduled meetings should be geared towards business development, economic development or workforce training purposes. ASU SBDC will schedule Meeting room (103.0) as it will be the primary user. COSADC will schedule the Conference room (100.3). Small Conference room (102.9) is in ASU SBDC dedicated space and can be scheduled through the ASU SBDC.


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MOU

Exhibit B

BRC Guiding Principles

Overview

The founding partners of the One Stop Shop Concept met in September of 2009 to

discuss the development of Guiding Principles for the Business Resource Center (BRC) facility. Guiding principles are important to ensure that each partner organization (Partner) shares the same views with respect to the BRC concept and acknowledges the independence of the various organizations (Partners) and their individual programs and services. These Guiding Principles form the foundation of cooperation among the Partners and are important to ensure that as staff in various Partner positions change; new Partner representatives will understand the basis for the BRC concept and agree to abide by these Principles and to ensure all organizations work for the successful continuation of the BRC.

Guiding Principles

1) Facility. BRC is a facility that houses various economic development and business assistance

organizations, each organization being a separate and individual entity, while also a Partner.

a. Each BRC Partner voluntarily pledges to work cooperatively and collaboratively for the betterment of economic development in San Angelo and the Concho Valley region.

b. Each Partner is a separate and independent organization, each of which has

unique missions, procedures, policies, clients, and oversight entities.

c. BRC shall have a designated facility manager for administrating the leasehold-related operations of the facility; however, no organization or person shall direct the day-to-day activities, programs, or services of the Partner organizations housed in the BRC. This does not apply to any pre-existing contractual agreements between Partner organizations to the contrary. BRC Partners require unrestricted access to the BRC facility, common areas and their respective operational areas.

d. BRC partners will share facility space, infrastructure, and services where

appropriate to insure budgetary operational efficiency.

Memorandum of Understanding between COSADC and A S U SBDC

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2. Single Source. BRC Partners believe in a shared vision of a single-source facility for clients needing economic development and business assistance.

a. Each BRC Partner has its unique strengths, programs and expertise. Each Partner believes in avoiding duplication of efforts of other Partners.

b. Each BRC Partner will continue to service its regular clients and will decide when it is

necessary to bring together the other Partners. Partners will have the flexibility to work with their own clients as they see fit.

c. BRC Partners will come together when necessary to ''triage" a client to determine and

provide the business assistance services required. This will also be true of those clients who walk in the front door and do not have an appointment to meet with any particular Partner.

d. BRC Partners believe in a vision of efficiencies and shared costs whenever possible.

e. BRC Partners believe the multi-source/single-site concept will provide all clients with

access to the increased knowledge base of economic development assistance resulting from the co-location of BRC Partners.

3. Measurement and ROI. BRC partners agree that they will participate in a shared

tracking, measurement and reporting system acceptable to the Partners that will demonstrate outcomes of BRC assistance.

a. Each BRC Partner may have their own, separate client management system and shall

share non-confidential data for the purpose of BRC aggregate reporting and facilitating client assistance, as each Partner's confidentiality policies allow.

b. BRC Partners will establish agreed-upon outcome, output, and efficiency

measurements, all of which may be quantitative as well as qualitative in nature.

c. BRC Partners will cooperate to develop the shared tracking, measurement, and reporting system to ensure mechanisms are in place to capture the required information.

4. Marketing. BRC Partners will continue to market their own unique services and

programs independently of the BRC, and will also market the advantages of the BRC as a One-Stop Shop location as appropriate.

a. BRC Partners will work together to market the facility and concept to the community

and targeted audiences.


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b. As appropriate and allowable under Partner rules, regulations, and policies; BRC Partners

will include a reference to the BRC on marketing collateral, websites, and other promotional materials.

5. Communication. BRC Partners believe regular communication among the Partners is critical to

ensure delivery of superior client assistance and customer satisfaction. The various Directors or designated staff of the BRC Partners will meet on a regular basis to address shared client and programs issues and any unanticipated facility issues. These will be meetings of equals working towards the success of the BRC and the One-Stop Shop Concept.

MOU Exhibit C

BRC Space Occupied and Budget Contribution Detail FY 2012-2013

Organization

Area Occupied

(ft2) Dedicated

space

Room description(s) and number(s) (Per BRC layout)

Estimated Annual M&O Budget

Contribution (Per Budget Contribution Worksheet)

City of San Angelo Development Corporation

1623 sq ft

Open office 101 Vesibule 101.3 Workspace 101.5 Offices 101.1, 101.2,101.4, 101.9, 101.10

$12,894

ASU SBDC 2516 sq ft Open office 102.0 Offices/rooms 102.1 through 102.10

$19,988

CVCED 2,716 sq ft Open office 202 Hall 201.1 Offices 201.2 through 201.7

$21,577

Workforce Board 150 sq ft Office 101.8 (in COSADC area) $1,192

Downtown San Angelo

150 sq ft Office 101.7 (in COSADC area) $1,192

Chamber of Commerce-Economic Development

150 sq ft Office 101.6 (in COSADC area) $1,192

Total dedicated space- partners 7,305

Common areas to be used by all tenants

7,151 All other space- see Attachment C

Included in partners amounts based on % sq ft of dedicated space

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MOU Exhibit C (continued) Common Area Space Designations 1st Floor Description Room number

1. Sprinkler- 103.2 2. Exterior Vestibule- 100.7.2 3. Vestibule 100.7.1 4. Corridors- 100.4 through 100.7 5. Storage- 103.1 6. Meeting- 103 7. Storage- 103.3 8. Janitor- 100.13 9. Women’s restroom- 100.11 10. Men’s restroom- 100.12 11. Electrical- 103.4 12. Lounge- 100.10 13. Electrical- 100.14 14. Stair- 100.9 15. Stair- 100.8 16. Electrical- 102.11 17. Lobby- 100 18. Conference (large)- 100.3 19. Elevator- 100.1

2nd Floor

1. Stair 2- 200.8 2. Stair 3- 200.9 3. Stair 1- 200.2 4. Elevator- 200.1 5. Elevator Mechanical- 201.7 6. Lobby- 200 7. Break room- 200.6 8. Men’s Restroom 200.5 9. Women’s Restroom 200.4

Memorandum of Understanding between COSADC and A S U SBDC

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EXHIBIT "C" SPECIAL PROVISIONS

1. Lessee requires eight dedicated parking spaces for Lessee staff in lot owned by Lessor at corner of First Street and Chadbourne Street.

2. Lessee requires signage on front of building near the entrance per its cooperative agreement with lead SBDC center. Signage and installation of such will be paid by Lessee. Signage will not be more than ten (10) sq. ft. in size.

City of San Angelo



From: Michael Dane, Assistant City Manager/CFO


Contact: Michael Dane, 657-4241

Caption: Discussion and Presentation of City’s Water Conservation Credit Program

Summary: City Ordinance currently provides that if a residential customer uses 3,000 gallons or less of water in a month, they are eligible for a credit on their bill. The credit is equal to 10% of the customer’s base and usage fees for water. The customer receives a credit on the following month’s bill. This program was established in 2006. Financial Impact: During FY 2012, 116,530 conservation credits were issued to customers totaling $263,955. Attachments: City Ordinance Presentation: Attached. Publication: None. Reviewed by Service Area Director: Michael Dane, ACM/CFO, November 26, 2012.

Sec. 11.301 Water Rates

(a) All persons supplied with water by the city shall be billed for water so supplied at the rates set out in the fee schedule found in Appendix A, Article 8.000 of this code for water billed on or after April 1, 2001.

(b) For residential water customers who use 3,000 gallons or less water per month, a ten percent (10%) discount shall be applied to the base rate and usage levels for those months where water usage is 3,000 gallons or less. This discount shall be effective with the July 2006 billing cycle.

(Ordinance adopted 5/16/06)

http://z2codes.franklinlegal.net/franklin/DocViewer.jsp?docid=121&z2collection=sanangelo#JD_FS Utility

City of San Angelo

Memo Date: 19 November 2012 To: Mayor and Council Members From: Robert Salas, Director, Neighborhood & Family Services Subject: Agenda Item for December 4, 2012 Council Meeting Contact: Robert Salas 657-4274 Caption: Regular

Consideration of approval and public hearing of the 2011 Consolidated Annual Performance and Evaluation Report (CAPER)

--------------------------------------------------------------------------------------------------------------------------------- Summary: The 2011 CAPER is a document required of all entitlement cities receiving annual Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). History: The CAPER is the City’s performance evaluation for the 2011 Program Year covering 1 Oct 2011 thru 30 Sep 2012. The CAPER includes a summary of expended resources, objectives and goals as they relate to affordable housing, outcome measures, geographic distribution, and barriers to affordable housing. This report is the product of public outreach consistent with the City of San Angelo’s 2010-2014 Five-Year Consolidated Plan. Public notices were posted in a newspaper article in the Standard Times and draft copies of the CAPER were posted at various locations throughout the city. Approval the 2011 CAPER will authorize the City to forward the final CAPER to the HUD Regional Office in Ft Worth. Financial Impact: None Related Vision Item: Neighborhood Revitalization. Other Information/Recommendations: Approve content and allow staff to forward to HUD. Attachments: 2011 CAPER

Presentation: Powerpoint slides. Publication: Standard Times advertisement. Approval By Service Area Director: N/A.

CITY OF SAN ANGELO

2011 Program Year

Consolidated Annual Performance &

Evaluation Report (CAPER)

NEIGHBORHOOD & FAMILY SERVICES DEPT COMMUNITY & HOUSING SUPPORT DIVISION

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Plan Preparation by: Robert Salas, Director, Neighborhood & Family Services Department Special Thanks to: Mauri LC Rodríguez, Sr. Program Coordinator Steve Díaz, Housing Rehab Coordinator Chris Deanda, Special Projects Coordinator City Council Alvin New, Mayor Paul Alexander, Council Member Single Member District 1 Dwain Morrison, Council Member Single Member District 2 Johnny Silvas, Council Member Single Member District 3

Fredd Adams, Council Member Single Member District 4 Kendall Hirschfield, Council Member Single Member District 5 Charlotte Farmer, Council Member Single Member District 6

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TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY 3

FUNDS RECEIVED/EXPENDED 4

GOALS & OBJECTIVES 6

GEOGRAPHIC DISTRIBUTION 9

MONITORING 17

HOUSING 20

BARRIERS TO AFFORDABLE HOUSING 23

HOMELESS NEEDS 25

COMMUNITY DEVELOPMENT 26

SECTION 108 LOANS 32

ANTI POVERTY STRATEGY 34

PERFORMANCE TABLES 35

PERFORMANCE MEASUREMENT CERTIFICATIONS 41

CDBG FINANCIAL SUMMARY 42

ANNUAL PERFORMANCE REPORT (HOME) 44

HOME MATCH REPORT 46

PR03 REPORT 47

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First Program Year CAPER GENERAL EXECUTIVE SUMMARY This Consolidated Annual Performance and Evaluation Report (CAPER) describes the activities undertaken during the program year starting October 1, 2011 and ending September 30, 2012 using Federal funds granted to the City of San Angelo by the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME). Activities and accomplishments described in this report primarily benefit low-to-moderate income residents of the City of San Angelo, neighborhoods with high concentrations of low-to-moderate income residents, and the city as a whole. A complete draft of this report has been made available for public review and comment for a 15-day period beginning November 20, 2012. The availability of the report has been publicly advertised consistent with the provisions of San Angelo’s Consolidated Plan with printed copies available at strategic locations throughout the city as specified in the Citizen Participation Plan. The City of San Angelo continued to support multiple housing projects and programs for the 2011 CDBG and HOME program year to include Emergency Repair program for elderly and/or disabled, housing rehabilitation, homebuyers’ assistance, and new construction programs. Moreover, the City leveraged local funds to support first-time homebuyers with gap financing for the purchase of new homes. The city did not fund public service projects this program year. Success Stories Neighborhood Blitz: Using CDBG and local funding, nearly 400 city workers and 450 community volunteers took part in the annual Neighborhood Blitz, which repaired and painted homes and cleaned up the neighborhoods targeted for revitalization. The blitz, a part of the City's Neighborhood Revitalization Program, was the fourth the city has hosted since 2009. A total of 48 homes were repaired and painted, 11 of those 48 were funded with $66K of CDBG funds Affordable Housing Assistance Program thru Local ½ Cents Sales Tax: The City expended $400K to support affordable housing via the local ½ cent sales tax program for new home construction. This provided gap financing for 6 first-time homebuyers and 38 minor housing repairs as part of the annual neighborhood blitz. Funds Received The table below outlines the Consolidated Plan funding received by the City of San Angelo between October 1, 2011 and September 30, 2012. This table only includes new funds received during the program year and does not account for unspent prior year funds spent during the 2011 program year.

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2011 Program Funds Available CDBG HOME TOTAL Federal Entitlement $808,977 $402,019 $1,210,996 Program Income $54,173 $30,734

$84,907

Total Funds Available $863,150 $432,753 $1,295,903 Funds Expended The activities and accomplishments outlined in this document are based on the expenditure of Federal funds between October 1, 2011 and September 30, 2012 as outlined below. Funds expended during the program year include reprogrammed prior year funds and funds awarded to activities in prior program years that were not spent until the 2011 program year.

Funds Expended in 2011 CDBG HOME TOTAL Total Funds Expended 1,383,781.17 691,554.64 2,075,335.81

Administration Cap CDBG HOME Federal Entitlement $808,977 $402,019 Program Income $54,173 $30,734 Total $863,150 $432,753 Administrative Cap $172,630 $43,275 Administration Expended $171,956 $40,744

CHDO Set-aside

HOME Federal Entitlement $402,019 Minimum Required CHDO Set-Aside (15%) $60,302 Actual Amount Set-Aside $75,000

Public Service Cap CDBG CDBG Federal Entitlement $808,977 Prior Year Program Income $48,350 Total Subject to PS Cap $857,327 PS Obligations $0 % PS Expended 0%

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GENERAL QUESTIONS 1. Assessment of the one-year goals and objectives:

a. Describe the accomplishments in attaining the goals and objectives for the reporting period.

b. Provide a breakdown of the CPD formula grant funds spent on grant activities for each goal and objective.

c. If applicable, explain why progress was not made towards meeting the goals and objectives.

2. Describe the manner in which the recipient would change its program as a result of its experiences.

3. Affirmatively Furthering Fair Housing: a. Provide a summary of impediments to fair housing choice. b. Identify actions taken to overcome effects of impediments identified.

4. Describe Other Actions in Strategic Plan or Action Plan taken to address obstacles to

meeting underserved needs.

5. Leveraging Resources a. Identify progress in obtaining “other” public and private resources to address needs. b. How Federal resources from HUD leveraged other public and private resources. c. How matching requirements were satisfied.

1. GOALS AND OBJECTIVES Administration not included.

Accomplishments for 2011 Projects Service

Provider Annual Goal Completed Funds

Expended CHS Homeowner Rehab (includes neighborhood blitz)

COSA CHS 42 Households rehabbed 44 $266,492

CHS Emergency Repairs COSA CHS 40 Households assisted 68 $145,944

CHS Demolition COSA CHS 3 substandard structures 1 $3,006

Code Enforcement COSA Code Enforcement

2900 Code enforcement actions 5,081 $38,754

Dangerous Buildings Inspector

COSA Fire Prevention

24 Substandard structures processed for demo

506 assessed, 15 demos $15,201

New/Reconstruction COSA CHS, Galilee CDC (CHDO)

5 housing units built 6 $432,375

Homebuyers Assistance COSA CHS 12 clients assisted 24 $162,547

Rental Assistance MHMR 22 clients assisted 21 $55,887

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Under-performing Projects Demolition goal of three was not met due to lack of citizen’s requests. 2. CHANGES TO THE PROGRAM There were no major changes to the program during PY 2011. 3. AFFIRMATIVELY FURTHERING FAIR HOUSING The City of San Angelo adopted an ordinance on August 20, 1996, to encourage the opportunity for each citizen to obtain housing without regard to race, color, sex, religion, national origin, disability , or familial status in accordance with the National Fair Housing Act of 1968. This ordinance, FAIR HOUSING, is codified in the San Angelo Code of Ordinances as Article 5.1000. Additional authority for adoption of this ordinance is derived from the Texas Local Government Code. As part of the 5-year Consolidated Plan development, San Angelo conducted an Analysis of Impediments to Fair Housing Choice. The study confirmed that the primary impediments to housing choices in San Angelo are a family’s annual income and housing costs. Substandard property maintenance in the lower income neighborhoods of San Angelo was also identified as an impediment. Extremely low income persons will have a difficult time finding affordable housing, defined as housing that costs 30% or more of their gross income. Education and job training may provide a way to higher income and better living conditions for some low income families. However, elderly and disabled individuals are often unable to increase their income or improve their living conditions through these means. In addition to inadequate income and credit worthiness, there are other issues that may indirectly affect fair housing choices. A growing elderly population, racial and ethnic divergences, and slow economic growth are examples. Activities to address the impediment of affordability:

• $412K was expended to repair/rehabilitate existing homes through CDBG Emergency and Home Rehabilitation programs to include the annual Neighborhood Blitz

• $432K to construct/reconstruct new homes providing loans and deferred loans (number includes CHDO activities)

• The City expended $162K in HOME funds on closing cost and down payment for 24 first-time homebuyers

Activities to address the impediment of substandard property maintenance:

• One full time dangerous building inspector was funded by CDBG to assist the city in identifying and processing substandard, dangerous buildings in need of demolition. 506 buildings were assessed and processed for demolition.

• The City provided one full time Code Enforcer funded by CDBG funds to monitor home maintenance. 5081 code actions were taken to help maintain neighborhood standards.

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4. OBSTACLES TO MEETING UNDERSERVED NEEDS The City of San Angelo continues to support non-profit agencies, the local housing authority, homeless providers and special needs groups in an effort to meet the needs of underserved citizens. Additionally, the City provides technical assistance to providers in the pursuit of federal, state, and other funding sources. The major obstacle to meeting priority needs continues to be a lack of available funding. Reductions in funding at all levels of government as well as declining donations to the not-for-profit sector in recent years have severely restricted the ability of the City and its Subrecipients to aggressively respond to underserved needs. 5. LEVERAGING RESOURCES Public and Private Resources Community & Housing Support leveraged other City departments in order to obtain operating support to include financial, legal, planning, human resources, and purchasing. In addition, residents of the Forest Park Duplexes funded with HOME funds and managed by CHS received rental assistance from the Public Housing Authority. Community & Housing Support also leveraged over $400K of local sales tax revenue for gap financing for low/moderate income first-time homebuyers. Home Match Requirements The City of San Angelo complies with federal matching requirements for HOME. As of Sept 30, 2011, San Angelo maintained $1,982,676.28 in excess matching funds from prior years. This reserve was more than adequate to meet the required match liability for the 2011 program year. HOME Match Report, Form 40107-A, is provided later in this report. MANAGING THE PROCESS 1. Describe actions taken during the last year to ensure compliance with program and

comprehensive planning requirements.

CAPER Managing the Process response. The City of San Angelo employs two staff members that assist with the oversight and compliance of Consolidated Planning projects. The project selection process for FY 2011 was consistent with the City’s Five-Year Plan. During the selection process, activities were evaluated based on a number of criteria including consistency with the priority needs identified in the Five-Year Plan, as well as compliance with CDBG national objectives. Throughout the reporting period, City staff monitored projects supported with federal funds to ensure compliance with the program and comprehensive planning requirements. In addition to monitoring for compliance, the City continues to improve internal record keeping and budget management. Forms and spreadsheets are reviewed for usability and revised as needed. Moreover, the City has revamped the internal budgeting process from having multiple

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open accounts to having two open accounts: one for prior year funds and one for current program year accounts. CITIZEN PARTICIPATION 1. Provide a summary of citizen comments. 2. In addition, the performance report provided to citizens must identify the Federal funds

made available for furthering the objectives of the Consolidated Plan. For each formula grant program, the grantee shall identify the total amount of funds available (including estimated program income), the total amount of funds committed during the reporting period, the total amount expended during the reporting period, and the geographic distribution and location of expenditures. Jurisdictions are encouraged to include maps in describing the geographic distribution and location of investment (including areas of minority concentration). The geographic distribution and expenditure requirement may also be satisfied by specifying the census tracts where expenditures were concentrated.

CAPER Citizen Participation Response: 1. CITIZEN COMMENTS Public outreach was consistent with the City of San Angelo’s 2010-2014 Five-Year Consolidated Plan. Public participation efforts included annual public meetings and hearings, discussions with agencies and groups that provide services, assist and/or advocate for low-to-moderate-income citizens. The public hearing for the CAPER was held on December 4, 2012 at the McNeese Convention Center. No public comments were provided. 2. GEOGRAPHICAL DISTRIBUTION The table below identifies the Census Tract Block Groups that make up at least 51% low/mod income areas in the city and eligible for area benefit. Code enforcement, assessments of dangerous buildings, and neighborhood revitalization projects were carried out exclusively in the low/mod income census tracts. Data is from the 2000 census. Whenever possible, 2010 census data was used as a source to identify demographic trends.

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Code Enforcement Low/Mod CTBGs 2000 Census CTBG

Census Tract

(CT) Block Group

(BG) Low/Mod

Population Total Pop. % of BG

2 4 26 31 83.9 2 1 755 1085 69.6 2 3 577 1121 51.5 3 4 232 448 51.8 3 1 587 971 60.5 3 3 508 928 54.7 4 1 554 866 64.0 4 2 430 732 58.7 4 3 613 969 63.3 4 5 512 611 83.8 4 6 384 611 62.8 4 8 563 764 73.7 5 1 516 620 83.2 5 2 710 918 77.3 6 1 327 601 54.4 7 2 153 284 53.9 7 2 447 694 64.4 7 3 907 1162 78.1 7 4 661 947 69.8 7 5 591 859 68.8 8 3 652 1158 56.3 9 1 294 458 64.2 9 2 748 1080 69.3 9 3 386 500 77.2 9 4 422 665 63.5

11.01 1 451 707 63.8 11.02 1 343 644 53.3 11.02 6 495 962 51.5 12.00 1 489 955 51.2 13.01 1 635 841 75.5 13.01 2 30 31 96.8 13.03 2 431 782 55.1 13.04 3 444 652 68.1 13.04 4 441 787 56.0

14 1 885 1260 70.2 14 2 492 776 63.4 14 3 410 707 58.0 14 5 644 1180 54.6

Totals 18745 29367

Total Percentage 63.83%

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Target Area projects consist of those projects conducted in four City Council designated areas targeted for neighborhood revitalization: Rio Vista, Blackshear, Reagan, and Fort Concho. All four target areas are designated as low/mod income census tracts. $530,857 of CDBG, HOME funds (includes CHDO proceeds), and local funds were expended specifically in the target areas. Community-wide projects were directed toward low-to-moderate income persons and were carried out throughout the city for low-to-moderate income citizens. These projects were offered on a community-wide basis because, while there are distinct areas with high concentrations of low-to-moderate income populations within the City, over the years the low-to-moderate income population has spread throughout the community. This is especially true for elderly and special needs residents. Out of fairness to all eligible low-to-moderate income residents, these programs were offered on a city-wide basis. Community-wide projects:

• MHMR TBRA Program • Emergency Repairs Program • Demolition • CDBG Rehab Program • HOME Homebuyers Assistance Program

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INSTITUTIONAL STRUCTURE 1. Describe actions taken during the last year to overcome gaps in institutional structures and

enhance coordination. CAPER Institutional Structure response: The City of San Angelo Community & Housing Support (CHS) Division acts as the primary administrative agency for the Consolidated Plan programs. As part of this responsibility, CHS consistently reviews the performance of subrecipients and monitors the overall program delivery structure to ensure coordination and compliance. Through past one-on-one subrecipient training to review program regulations and reporting requirements for each the new program year, the City’s current subrecipients have obtained extensive knowledge on program monitoring requirements. As a result of this training and regular monitoring, compliance with regulations and reporting information has significantly improved. MONITORING 1. Describe how and the frequency with which you monitored your activities. 2. Describe the results of your monitoring including any improvements. 3. Self Evaluation

a. Describe the effect programs have in solving neighborhood and community problems. b. Describe progress in meeting priority needs and specific objectives and help make

community’s vision of the future a reality. c. Describe how you provided decent housing and a suitable living environment and

expanded economic opportunity principally for low and moderate-income persons. d. Indicate any activities falling behind schedule. e. Describe how activities and strategies made an impact on identified needs. f. Identify indicators that would best describe the results. g. Identify barriers that had a negative impact on fulfilling the strategies and overall vision. h. Identify whether major goals are on target and discuss reasons for those that are not on

target. i. Identify any adjustments or improvements to strategies and activities that might meet

your needs more effectively. CAPER Monitoring Response: 1. MONITORING METHODS Monitoring was conducted on a monthly basis for each subrecipient not only to verify that reimbursements submitted were for eligible expenses, but also to verify that each subrecipient was complying with all the requirements in their agreement. Each Reimbursement request was verified for eligibility. Also, each of the participants in each program was examined to verify their individual eligibility for assistance.

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2. MONITORING RESULTS During program year 2011, all subrecipients were monitored monthly by Community & Housing Support (CHS) staff prior to reimbursement. We did not discover a subrecipient that needed assistance providing necessary documents and reports accurately and on a timely manner. 3. SELF EVALUATION Consolidated Plan program funding continues to play a vital role in ensuring the sustainability and operation of numerous programs and activities that have had a beneficial impact on San Angelo’s neighborhoods and social problems. CDBG funding has brought new parks and play structures, street improvements, and other new infrastructure to low-income neighborhoods, enhancing the overall quality of life in these areas. HOME and CDBG funds have been used to improve substandard housing, create new affordable housing occupied by low and moderate income residents. HUD Federal funds have been vital to providing services for San Angelo’s most vulnerable populations including child and adult care, counseling services, reduced prescription drugs, youth employment and youth leadership programs. Most of these programs and projects would not be possible without the assistance of these Federal funds. The specific activities undertaken during the 2011 program year that address the needs identified as “high” priorities in the 2010-2014 Consolidated Plan are outlined below. Many activities address multiple high priority needs. Creating a Suitable Living Environment

• CHS funds were used to continue the demolition and removal of dilapidated structures constituting spot slum/blight which were not economically feasible to rehabilitate. In addition, the salary for a full time dangerous building inspector was paid using CDBG funds.

• Funds were provided for the salary and benefits for a City of San Angelo Code

Enforcement Officer. This officer was assigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junk appliances, refuse, unsightly material and temporary signs, and related state laws in low/moderate income areas.

Expanded Economic Opportunities

• Through the continued funding of the Downtown Façade program with prior year funds, several downtown businesses were provided funds to improve their places of business which helped stimulate economic growth.

Providing Decent Housing

• Emergency Repair Program permitted a 100% grant for low/moderate income homeowners for up to $5,000.00 to handle emergency situations or conditions that were deemed detrimental to life, health, or safety and required immediate action.

• Housing Rehabilitation Program provided loans/grants to assist eligible low/moderate

income homeowners within the city limits of San Angelo for rehabilitation of homes in need.

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• Homebuyers Assistance Program provided down payment and closing cost assistance to low/moderate income eligible.

• Tenant-based Rental Assistance (TBRA) provided rental assistance to clients with

chronic mental illness and clients made homeless due to domestic violence residing within the San Angelo city limits over a period of a year.

Projects Falling Behind This program year, the demolition program did not meet its goal due to lack of requests for assistance from eligible homeowners. We will continue to provide the opportunity for homeowners to submit requests for demolition in order to address slum and blight. Barriers CDBG and HOME funds have been steadily decreasing each year. Particularly in a fiscal climate of dwindling resources at all levels of government and in the not-for-profit sector, it is nearly impossible to completely “solve” many of the problems that plague low and moderate income populations and neighborhoods. While the lives of many individual assisted residents have been improved, some dramatically, new immigrant populations and others frequently replace them with similar economic and social challenges. As housing and infrastructure are improved in one area, benefiting many area residents, particularly long-time low-income homeowners, increasing property values and rents force others to move to other housing or neighborhoods with similar challenges to solve. Without additional funds, City efforts to ameliorate the affordable housing dilemma will be minimized, albeit beneficial to those assisted. Potential Adjustments and Improvements The City of San Angelo awards CDBG and HOME funds annually through an open proposal process. Staff from Community & Housing Support provides technical assistance and recommendations to the City Council for consideration and approval of activities that should receive funding each year. The technical assistance includes information about accomplishments, timeliness, compliance, and effectiveness of the applicant agencies in their current and past activities. Those that are found to be most effective tend to be rewarded with new funding and funding is reduced or eliminated for activities and agencies which prove least effective. LEAD-BASED PAINT 1. Describe actions taken during the last year to evaluate and reduce lead-based paint

hazards. CAPER Lead-based Paint Response: 1. ACTIONS TAKEN TO REDUCE LEAD-BASED PAINT HAZARDS The Housing Rehabilitation Program will adhere to the HUD Regulation on Lead-Based Paint Hazards in Federally Owned Housing and Housing Receiving Federal Assistance, 24 CFR Part 35, Subpart J, that went into effect on September 15, 2000. Community & Housing Support staff prepared and incorporated a chapter on Lead-Based Paint Hazards in its rehabilitation program guidelines in 2010, which is applicable to both CDBG and HOME funded activities.

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The CHS Housing Program Coordinator received Lead-based Paint Inspector training in 2005 and was certified by the State in order to carry out the required lead-based paint inspections. He subsequently, received and was certified as a Risk Assessor. Testing equipment was purchased and LBP testing and evaluation is now a part of the CHS process. Interim control methods are preferred over lead-based paint abatement and will be instituted whenever possible. However, lead-based paint abatement may still be required in certain circumstances. Currently, large abatement projects might require an out of town contractor certified in lead abatement to assist. HOUSING HOUSING NEEDS 1. Describe Actions taken during the last year to foster and maintain affordable housing. CAPER Housing Needs response: 1. FOSTERING AND MAINTAINING AFFORDABLE HOUSING As discussed in previous sections, the City spent $1,399,180.24 on affordable housing activities through both the City (HUD and local grants) and through non-profits in the 2011 program year. The following activities helped to foster and maintain quality affordable housing in San Angelo:

• CDBG Housing Rehabilitation Program ($266,491.22) • CDBG Emergency Repair Program ($145,944.42) • HOME Neighborhood Revitalization Program

o Homebuyers Assistance Program ($162,547.60) o New Housing Construction including CHDO activities ($368,310.00)

• TBRA ($55,887.00) • Local grants ($400,000.00)

Accomplishment Unit of Measure 2011 Program Year Accomplishments

Homes rehabilitated (Emergency Repair, Rehab) 112

New homes constructed (City and CHDO activities) 5 First-time Homebuyers assisted (HOME and local grant funds) 24

Rental housing subsidies (TBRA) 21 SPECIFIC HOUSING NEEDS 1. Evaluate progress in meeting specific objective of providing affordable housing, including

the number of extremely low-income, low-income, and moderate-income renter and owner

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households comparing actual accomplishments with proposed goals during the reporting period.

2. Evaluate progress in providing affordable housing that meets the Section 215 definition of

affordable housing for rental and owner households comparing actual accomplishments with proposed goals during the reporting period.

3. Describe efforts to address “worst-case” housing needs and housing needs of persons with

disabilities. CAPER Specific Housing Objectives response: 1. MEETING SPECIFIC AFFORDABLE HOUSING OBJECTIVES Table below displays beneficiary information for both CDBG and HOME from housing programs aimed at increasing the affordability of homes to low income citizens.

Income Level

Funding Source Activity

Total Housing

Units Served

Extremely Low

(30%)

Very Low

(50%)

60% of Median

-(HOME

Only)

Low (80%)

Above 80%

CDBG COSA Emergency Repairs 68 42 13 13 0

CDBG COSA Housing Rehabs (includes neighborhood blitz)

41 22 13 6 0

HOME New Construction - COSA & GCDC 3 0 2 1 0 0

HOME COSA Reconstruction 1 0 1 0 0 0

HOME COSA Homebuyers Assistance 24 0 9 4 11 0

HOME Rental Assistance (TBRA) MHMR 21 21 0 0 0 0

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2. SECTION 215 AFFORDABLE HOUSING The following housing projects resulted in new affordable units, completed in the 2011 program year, that meet the Section 215 definition of affordable housing:

• City of San Angelo – First Time Homebuyer Program (24) • City of San Angelo – Neighborhood Revitalization (3) • MHMR Tenant-based Rental assistance (21)

3. WORST-CASE AND DISABLED HOUSING Many of our projects assisted by the City of San Angelo during the 2011 program year incorporated housing that is accessible for persons with disabilities or severe housing needs including the following:

• City owned Elderly/Disabled rental housing units • MHMR Rental Assistance for mentally challenged individuals

PUBLIC HOUSING STRATEGY 1. Describe actions taken during the last year to improve public housing and resident

initiatives. CAPER Public Housing Strategy Response: The City of San Angelo has a working relationship with the San Angelo Public Housing Authority to meet the public housing needs within the community. However, PHA did not request a grant for 2011 so no CDBG funds were utilized this last year for public housing. BARRIERS TO AFFORDABLE HOUSING 1. Describe actions taken during the last year to eliminate barriers to affordable housing. CAPER Barriers to Affordable Housing response: The major barrier to affordable housing is still a lack of funds. While education and/or job training may provide a means to increasing income and improving living conditions for some low income families, low income elderly and disabled will not likely be able to achieve these goals through education or job training. Slow economic development in San Angelo is another barrier to affordable housing for some citizens. The City of San Angelo has undertaken aggressive measures to remedy the problem. One of those measures was to extend the ½ cent sales tax to fund performance-based job creation and business retention. The City of San Angelo Development Corporation provides grants to businesses interested in setting up or expanding operations in San Angelo. Types of businesses include manufacturing, warehousing/distribution, data processing, telecommunications services, research and development, information services, correctional institutions, mining, and agricultural services.

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Other efforts to reduce barriers to economic development include:

Tax Abatements: The City of San Angelo and Tom Green County provided personal property and real estate tax abatements for periods of 5 to 7 years. Abatement levels range from 20% to 75% and are determined by the number of new jobs created and/or the amount of new investment in the community. All companies receiving the abatements must meet the minimum job creation level of 5 new jobs and no less than $250,000 in new valuation in either real estate and/or personal property.

Inventory Tax Exemptions : All three taxing districts within San Angelo (City, County, the San Angelo Independent School District) may provide 100% tax exemptions for inventory and work-in-process that will be shipped outside of the state of Texas and kept on site for less than 175 days. San Angelo is one of the few cities in Texas where all three taxing districts provide this incentive.

Tom Green County/San Angelo Enterprise Zone: The Zone was created by the Texas Department of Economic Development in 1996, and renewed in September of 2003. Unlike the local tax abatement program, all businesses are eligible for designation as a “project.” However, there are a limited number of projects selected state-wide, so job creation and job quality are important considerations for each project.

Industrial District Designation: A company that wishes to locate outside of the city limits of San Angelo and still avail themselves of city services, may apply to the City for designation as an industrial district, with the expectation that they will be annexed at some future date. These agreements typically last for 7 years, but may be extended. During this period of time they are outside of the city limits, the company does not pay city personal property tax (inventory and equipment), but they do pay a negotiated percentage of real estate tax they would normally pay. Past agreements were 10% in year one, 20% in year two, etc.

Other Assistance: San Angelo’s public and private sectors work together to help create an atmosphere for new job creation. The Chamber of Commerce can provide coordination of services such as incentives, training, arrangement for financing, find available land and buildings, and refer business owners to helpful services provided by our Angelo State University, Small Business Development Center and the Concho Valley Center for Entrepreneurial Development. HOME/ ADDI 1. Assessment of Relationship of HOME Funds to Goals and Objectives

a. Evaluate progress made toward meeting goals for providing affordable housing using HOME funds, including the number and types of households served.

2. HOME Match Report

a. Use HOME Match Report HUD-40107-A to report on match contributions for the period covered by the Consolidated Plan program year.

3. HOME MBE and WBE Report

a. Use Part III of HUD Form 40107 to report contracts and subcontracts with Minority Business Enterprises (MBEs) and Women’s Business Enterprises (WBEs).

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4. Assessments a. Detail results of on-site inspections of rental housing. b. Describe the HOME jurisdiction’s affirmative marketing actions. c. Describe outreach to minority and women owned businesses.

CAPER HOME/ADDI Response: HOME GOALS AND OBJECTIVES The table below summarizes projects completed and funds expended.

2011 HOME Funded Projects

Projects Service Provider Annual Goal Accomplishments Funds

Expended

COSA New Construction COSA 2 3 $293,310.00

CHDO New Construction GCDC 1 2 $75,000.00

Homebuyers Assistance COSA 12 24 $162,547.60

Homeowner Rehab COSA 0 1 $64,065.14

Rental Assistance MHMR 20 21 $55,887.00

HOME ADMIN COSA $40,744.90

Total $691,554.64

RESULTS OF ON-SITE INSPECTIONS OF RENTAL HOUSING HOME funds were used in carrying out the TBRA program and city staff insured that all units occupied by the clients served were brought into compliance with the City of San Angelo’s local code. If at the time of inspection a unit is not in compliance, it is up to the landlord/owner of the rental unit to bring the unit into compliance before any HOME funds can be provided.

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AFFIRMATIVE MARKETING and OUTREACH EFFORTS In accordance with CDBG and HOME regulations and in furtherance of the City of San Angelo’s commitment to non-discrimination and equal opportunity in housing, the City of San Angelo has established procedures to affirmatively market units acquired, rehabilitated, constructed or otherwise assisted under the CDBG and/or HOME Programs. The City of San Angelo is committed to the goals of non-discrimination and equal access. In addition, the City is committed to the goals of increasing the housing opportunities of those with limited English proficiency, low-income residents and under-represented ethnic and racial groups. These goals will be reached through the implementation of the City’s Affirmative Marketing Policy. The implementation of this policy should result in a diverse tenant population in each of the affordable housing developments, with a representation of ethnic and racial groups which is consistent with their representation in the City. The City Council of San Angelo actively promotes fair housing through: • Ongoing funding of fair housing services • Adoption and implementation of an “Analysis of Impediments to Fair Housing Choice” • Adoption of “Consolidated Plan” for CDBG/HOME program, with an analysis and strategy for fair housing every five years, and in the Annual Action Plan each year. • Annual monitoring of fair housing activities through monitoring of fair housing services and reporting on ongoing activities in its Consolidated Annual Performance and Evaluation Report (CAPER)

The goal of the affirmative marketing procedures and outreach efforts are to ensure that all persons – regardless of their race, color, national origin, age, religion, sex, disability, familial status or English proficiency – are aware of the affordable housing opportunities generated by federal HOME funds and City Housing Funds and program activities, in accordance with 24 CFR 108.1. The City of San Angelo is responsible for the implementation of the Affirmative Marketing Policies and Procedures and all owners, developers, Community Housing Development Organizations and other nonprofits must comply with this policy for all CDBG, HOME, and City funded housing developments. The city took the following affirmative marketing actions:

o Informed the Public, Owners and Potential Tenants about Fair Housing o Recipients of CDBG, HOME and/or City funds were informed of the City’s Affirmative

Marketing policies by having this policy referenced in the agreement as an attachment with the City for the receipt of funds and by making compliance with this policy a requirement for the duration of the agreement.

o Advertised in local newspapers, public service announcements, distribution of fair housing brochures at relevant events, community presentations, and other outreach activities to inform the community about fair housing rights and responsibilities.

o Posted flyers of upcoming housing opportunities in the City Hall Center lobby, Senior Centers, Community Centers, Neighborhood Centers and Library and homeless shelter organizations.

o Maintained and made available to interested parties a listing of the affordable housing stock which includes information about who to contact regarding the availability of housing.

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o Utilized newspapers, churches and places of worship, and nonprofit organizations that serve the underrepresented group to distribute information about housing openings.

o Provided all advertising in the language the group is most familiar with and provide a contact person who can answer questions in the language primarily spoken by the target group.

o Posted notice of availability of housing on the website. The city took the following actions to recruit minority and women businesses

o Targeted outreach to businesses owned by ethnic and racial groups and women. o Utilized newspapers, websites, churches and places of worship, and nonprofit

organizations that serve the underrepresented group to distribute information about business opportunities.

o Sent bid packages on CDBG/HOME funded projects to minority/women owned businesses affording those businesses an opportunity to participate in the city programs

o Presented information on business opportunities at professional events such as the Home Builders Association meetings.

o Advertised business opportunities in both English and Spanish HOMELESS HOMELESS NEEDS *Please also refer to the Homeless Needs Table in the Needs.xls workbook. 1. Identify actions taken to address needs of homeless persons. 2. Identify actions to help homeless persons make the transition to permanent housing and

independent living. 3. Identify new Federal resources obtained from Homeless SuperNOFA. CAPER Homeless Needs Response: The City of San Angelo deems homelessness a major concern that must be dealt with on a strategic level. CHS staff routinely attends local homeless coalition meetings to discuss homeless issues. In addition, the City of San Angelo is working with the Texas Homeless Network, Balance of State Continuum of Care to create a West Texas Region Homeless Consortium. No new San Angelo projects were included in the Homeless SuperNOFA program for 2011. SPECIFIC HOMELESS PREVENTION ELEMENTS 1. Identify actions taken to prevent homelessness. CAPER Specific Housing Prevention Elements response: The City of San Angelo is working to prevent homelessness through the allocation of CDBG funds to MHMR Services of the Concho Valley which provides rental stipends to individuals with

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mental health problems. Without the stipends, these individuals are at risk of becoming homeless. COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Assessment of Relationship of CDBG Funds to Goals and Objectives

a. Assess use of CDBG funds in relation to the priorities, needs, goals, and specific objectives in the Consolidated Plan, particularly the highest priority activities.

b. Evaluate progress made toward meeting goals for providing affordable housing using CDBG funds, including the number and types of households served.

c. Indicate the extent to which CDBG funds were used for activities that benefited extremely low-income, low-income, and moderate-income persons.

2. Changes in Program Objectives

a. Identify the nature of and the reasons for any changes in program objectives and how the jurisdiction would change its program as a result of its experiences.

3. Assessment of Efforts in Carrying Out Planned Actions

a. Indicate how grantee pursued all resources indicated in the Consolidated Plan. b. Indicate how grantee provided certifications of consistency in a fair and impartial

manner. c. Indicate how grantee did not hinder Consolidated Plan implementation by action or willful

inaction. 4. For Funds Not Used for National Objectives

a. Indicate how use of CDBG funds did not meet national objectives. b. Indicate how did not comply with overall benefit certification.

5. Anti-displacement and Relocation – for activities that involve acquisition, rehabilitation or

demolition of occupied real property a. Describe steps actually taken to minimize the amount of displacement resulting from the

CDBG-assisted activities. b. Describe steps taken to identify households, businesses, farms or nonprofit

organizations who occupied properties subject to the Uniform Relocation Act or Section 104(d) of the Housing and Community Development Act of 1974, as amended, and whether or not they were displaced, and the nature of their needs and preferences.

c. Describe steps taken to ensure the timely issuance of information notices to displaced households, businesses, farms, or nonprofit organizations.

6. Low/Mod Job Activities – for economic development activities undertaken where jobs were made available but not taken by low- or moderate-income persons a. Describe actions taken by grantee and businesses to ensure first consideration was or

will be given to low/mod persons. b. List by job title of all the permanent jobs created/retained and those that were made

available to low/mod persons.

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c. If any of jobs claimed as being available to low/mod persons require special skill, work experience, or education, provide a description of steps being taken or that will be taken to provide such skills, experience, or education.

7. Low/Mod Limited Clientele Activities – for activities not falling within one of the categories of

presumed limited clientele low and moderate income benefit a. Describe how the nature, location, or other information demonstrates the activities

benefit a limited clientele at least 51% of whom are low- and moderate-income.

8. Program income received a. Detail the amount of program income reported that was returned to each individual

revolving fund, e.g., housing rehabilitation, economic development, or other type of revolving fund.

b. Detail the amount repaid on each float-funded activity. c. Detail all other loan repayments broken down by the categories of housing rehabilitation,

economic development, or other. d. Detail the amount of income received from the sale of property by parcel.

9. Prior period adjustments – where reimbursement was made this reporting period for

expenditures (made in previous reporting periods) that have been disallowed, provide the following information: a. The activity name and number as shown in IDIS; b. The program year(s) in which the expenditure(s) for the disallowed activity(ies) was

reported; c. The amount returned to line-of-credit or program account; and d. Total amount to be reimbursed and the time period over which the reimbursement is to

be made, if the reimbursement is made with multi-year payments. 10. Loans and other receivables

a. List the principal balance for each float-funded activity outstanding as of the end of the reporting period and the date(s) by which the funds are expected to be received.

b. List the total number of other loans outstanding and the principal balance owed as of the end of the reporting period.

c. List separately the total number of outstanding loans that are deferred or forgivable, the principal balance owed as of the end of the reporting period, and the terms of the deferral or forgiveness.

d. Detail the total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period.

e. Provide a List of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period.

11. Lump sum agreements

a. Provide the name of the financial institution. b. Provide the date the funds were deposited. c. Provide the date the use of funds commenced. d. Provide the percentage of funds disbursed within 180 days of deposit in the institution.

12. Housing Rehabilitation – for each type of rehabilitation program for which projects/units were

reported as completed during the program year a. Identify the type of program and number of projects/units completed for each program.

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b. Provide the total CDBG funds involved in the program. c. Detail other public and private funds involved in the project.

13. Neighborhood Revitalization Strategies – for grantees that have HUD-approved

neighborhood revitalization strategies a. Describe progress against benchmarks for the program year. For grantees with

Federally-designated EZs or ECs that received HUD approval for a neighborhood revitalization strategy, reports that are required as part of the EZ/EC process shall suffice for purposes of reporting progress.

CAPER Community Development Response: 1. ASSESSMENT OF GOALS AND OBJECTIVES During the 2011 program year, CDBG funds were distributed among the HUD priority-needs identified in the 2010-2014 Consolidated Plan. The table below provides a breakdown of proposed and actual CDBG expenditures during 2011 which includes prior year funds.

2011 Distribution of CDBG Funds by Priority Need

Priority Need Proposed Budget % of Total Funds Expended

Affordable Housing $360,663.00 20% $412,435.64 Clearance $54,000.00 3% $53,956.18

. In addition to those projects initiated during the reporting period, several projects begun in previous years spent money during the 2011 program year. The table below outlines activities funded with prior year funds, but expended in 2011.

Prior Year CDBG Funded Projects Program

Year Projects Service Provider Annual Goal Accomplishments CDBG Funds

Expended

2007 Health Department Relocation CDBG 1 1 $ 460,119.72

2009 Dangerous Buildings Inspector Fire Prevention 10 Structures 43 properties $ 3,585.21

2010 Dangerous Buildings Inspector Fire Prevention 10 Structures 478 properties $ 11,616.12

2010 Code Compliance Code Compliance 725 480 $ 4,230.73 2008 Debt Service CDBG 0 0 $ 150,036.80 2009 Demolition CDBG 3 1 $ 65.00

2. CHANGES IN PROGRAM OBJECTIVES No major changes to the 2010-2014 Consolidated Plan Program were made during this

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reporting period. The priorities identified in the Five-year Plan were the basis for allocating HUD funds during 2011 program year. 3. ASSESSMENT OF EFFORTS IN CARRYING OUT PLANNED ACTIONS Pursuing Resources Indicated in Consolidated Plan In addition to the Federal funds discussed in this report, during the 2011 program year subrecipients were able to secure resources from a variety of other public and private sources to address priority needs identified in the 2010-2014 Consolidated Plan. Sources of additional funding included:

• Operating budgets of subrecipient organizations • United Way of the Concho Valley • Sterling Turner Foundation • Department of Labor • Department of Family Protection Services • Texas Education Agency • Various private foundations, corporations, and individuals

Certifications of Consistency The City of San Angelo maintains a public request for proposals process to identify activities that will be funded each program year. This process is open to all who wish to submit proposals and project selections are made on the basis of lowest bid. CHS staff members provide technical assistance to all applicants who request it. This technical assistance includes advice on how to craft a proposed activity that will be eligible under the applicable program regulations and consistent with San Angelo’s Consolidated Plan. As a result, nearly all projects that are proposed are found to be consistent with the Consolidated Plan. Applicants seeking certification that their activities are consistent with the Consolidated Plan are not discriminated against on any basis and certification is provided in a fair and impartial manner. Consolidated Plan Implementation The City of San Angelo maintains an open and highly transparent process for the preparation and implementation of Consolidated Plans. The City of San Angelo does not hinder the implementation of the Plan through any action or willful inaction. As this report and those submitted in prior program years illustrate, San Angelo has made consistent and significant progress toward meeting and exceeding published accomplishment goals and objectives. 4. FUNDS NOT USED FOR NATIONAL OBJECTIVES - Not Applicable - 5. ANTI-DISPLACEMENT AND RELOCATION No households, businesses, farms, or nonprofit organizations were displaced as a result of CDBG-assisted activities. Moreover, the homes demolished using CDBG funds were unoccupied and did not result in displacement.

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6. LOW/MOD JOB ACTIVITIES There were no job creation activities during the program year. 7. LOW/MOD LIMITED CLIENTELE ACTIVITIES For the 2011 program year, the city did not fund public service activities, nor activities that met the limited clientele national objective. Majority of the 2011 funds were earmarked for housing activities. 8. PROGRAM INCOME RECEIVED The City received $54,173 in CDBG program income for program year 2011 from loans. 9. PRIOR PERIOD ADJUSTMENTS - Not Applicable - 10. LOANS AND OTHER RECEIVABLES Overall, there is a total of 108 CDBG loans outstanding totaling $342,330.92 with two (2) loans in default and currently in the legal department for resolution.

11. LUMP SUM AGREEMENTS - Not Applicable - 12. HOUSING REHABILITATION Program Accomplishments During the 2011 program year, two major programs received CDBG funding to operate housing rehabilitation projects for low-income homeowners.

2011 CDBG Housing Rehab Activities

Income Level

Activity Total

Housing Units Served

Extremely Low

Very Low Low Income

Total

Female Head of

Household

Non-White Households Hispanic

Emergency Repairs 68 42 13 13 68 35 8 26

Homeowner Rehabilitation 41 22 13 6 41 19 4 16

Total CDBG Funds Spent For the 2011 program year a total of $1,383,781.17 of CDBG funds were expended. This includes $629,653.58 from prior year funds, $547,646.64 used to complete rehabilitation activities (includes Emergency Repairs, Housing Rehab programs and Rehab administration); $53,956.18 for clearance, and $171,956.83 for administration.

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Public and Private Funds The City expended $400K to support affordable housing via the local ½ cent sales tax program. This provided gap financing for 6 first-time homebuyers. 13. NEIGHBORHOOD REVITALIZATION STRATEGIES The City of San Angelo has undertaken a Neighborhood Revitalization Program designed to improve the quality and character of the housing stock in specific target area designated by the City Council for owner-occupied housing rehabilitation, new construction of single family homes, and down payment and closing cost assistance for low/moderate income home buyers. Maps on pages 12-14 identify the areas of the city that have been targeted for revitalization and the projects accomplished in those neighborhoods. 14. Section 108 Loan Activities The City applied for and was approved for a Section 108 loan for the development of Producers’ Park and the renovation of Rio Vista Park. The City completed construction of Producers Park and will begin work on Rio Vista Park. To date, the City paid $2,299.94 in interest on the debt. No principle was paid in 2011. Section 108 Financials Grant #: B-07-MC-48-0025

Activity Title 3rd Party Borrower, if applicable

Loan Amount

Payments Rec’d from Borrower

Balance Owed Status (e.g., on-

time; late;

default) This Year Cumulative

B-07-MC-48-0025 $2,035,000 $150,036.80 $150,036.80 $1.928,000.00 On time

Sources of Payments to HUD Outstanding Balance - HUD CDBG Payments from Borrower Other Source (specify)

This Year Cumulative This Year Cumulative This Year Cumulative

$150,036.80 $150,036.80 $150,036.80 $150,036.80 $0 $0 $1.928,000.00

ANITPOVERTY STRATEGY 1. Describe actions taken during the last year to reduce the number of persons living below the

poverty level. CAPER Antipoverty Strategy Response: Most activities undertaken by the City of San Angelo with CDBG and HOME funds are efforts to reduce persons in poverty and improve the quality of life for San Angelo residents, either directly or indirectly. Programs that directly influence the poverty level include: job enrichment,

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development, and placement through education and economic development. Projects that indirectly affect poverty include those that upgrade the community and provide affordable housing. CDBG and HOME funds are often used as matching funds for other grants that also reduce the number of poverty level families. Specific projects supported during the 2011 Program Year that helped lift some participants out of poverty include:

• Tenant-based Rental Assistance • Home-buyers Assistance Program • Elderly/disabled Duplex

NON-HOMELESS SPECIAL NEEDS NON-HOMELESS SPECIAL NEEDS *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook. 1. Identify actions taken to address special needs of persons that are not homeless but require

supportive housing, (including persons with HIV/AIDS and their families). CAPER Non-homeless Special Needs response: Through CDBG program allocations, San Angelo was able to assist the following non-homeless special needs:

• Elderly/disabled through the low-rent Forest Park Elderly Duplexes • Clients with mental health/mental retardation through the Tenant-based Rental

Assistance administered through the MHMR

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Priority Housing Needs/Investment Plan Table (Table 2A)

Priority Need 5-Yr. Goal

Plan/Act

Yr. 1 Goal Plan/Act

Yr. 2 Goal Plan/Act

Yr. 3 Goal Plan/Act

Yr. 4 Goal Plan/Act

Yr. 5 Goal

Plan/Act

Renters 135

27/31

27/25

0 - 30 of MFI 100 20/30 20/23 31 - 50% of MFI 25 5/1 5/2 51 - 80% of MFI 10 2/0 2/0

Owners 325

65/109

65/133

0 – 30% of MFI 150 30/41 30/62 31 – 50% of MFI 100 20/42 20/36 51 - 80% of MFI 75 15/26 15/35 Homeless* Individuals Families Non-Homeless Special Needs

Elderly 50 10/10 10/10 Frail Elderly Severe Mental Illness (Rental Assistance)

75 15/31 15/21

Physical Disability Developmental Disability Alcohol or Drug Abuse HIV/AIDS Victims of Domestic Violence (Rental Asst)

25 5/0 5/0

Total (Sec. 215 and other)

Total Sec. 215

215 Renter 125 25/31 25/21

215 Owner 325 65/109 65/133

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Priority Housing Activities/Investment Plan Table (Table 2A)


Plan/Act

Yr. 1 Goal Plan/Act

Yr. 2 Goal Plan/Act

Yr. 3 Goal Plan/Act

Yr. 4 Goal Plan/Act

Yr. 5 Goal

Plan/Act

CDBG Acquisition of existing rental units Production of new rental units Rehabilitation of existing rental units

Rental assistance Acquisition of existing owner units

Production of new owner units Rehabilitation of existing owner units

250 50/90 50/105

Homeownership assistance

HOME

Acquisition of existing rental units 25 5/0 5/2 Production of new rental units Rehabilitation of existing rental units

Rental assistance 100 25/31 25/21 Acquisition of existing owner units

Production of new owner units 15 3/3 3/2 Rehabilitation of existing owner units

Homeownership assistance 25 5/17 5/24

HOPWA NA

Rental assistance Short term rent/mortgage utility payments

Facility based housing development

Facility based housing operations Supportive services

Other NA

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Annual Housing Completion Goals

Grantee Name: City of San Angelo Program Year: 2009

Expected Annual # of Units To Be

Completed

Actual Annual

Number of Units

Completed

Resources used during the period

CDBG HOME ESG HOPWA

BENEFICIARY GOALS (Sec. 215 Only)

Homeless households Non-homeless

households 91 138

Special needs

households 20 21

Total Sec. 215 Beneficiaries* 111 159

RENTAL GOALS (Sec. 215 Only)

Acquisition of existing

units 1 2

Production of new

units

Rehabilitation of

existing units

Rental Assistance 20 21 Total Sec. 215 Affordable Rental 21 23

HOME OWNER GOALS (Sec. 215 Only)


units

Production of new

units 2 3

Rehabilitation of

existing units 76 113

Homebuyer 12 24

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Assistance

Total Sec. 215 Affordable Owner 90 140

COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only)


units 1 2

Production of new

units 2 3

Rehabilitation of

existing units 76 113

Rental Assistance 20 21 Homebuyer

Assistance 12 24

Combined Total Sec. 215 Goals* 111 163

OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housing)

Annual Rental

Housing Goal 21 23

Annual Owner

Housing Goal 90 140

Total Overall Housing Goal 111 163

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Priority Community Development Activities (Table 2B)


Plan/Act

Yr. 1 Goal

Plan/Act

Yr. 2 Goal

Plan/Act

Yr. 3 Goal

Plan/Act

Yr. 4 Goal

Plan/Act

Yr. 5 Goal

Plan/Act Acquisition of Real Property 25 5/0 5/2 Disposition Clearance and Demolition 50 10/33 10/15 Clearance of Contaminated Sites

Code Enforcement 9000 1800/5679 1800/4601

Public Facility (General) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Neighborhood Facilities Child Care Centers Health Facilities Mental Health Facilities Parks and/or Recreation Facilities

Parking Facilities Tree Planting Fire Stations/Equipment Abused/Neglected Children Facilities

Asbestos Removal Non-Residential Historic Preservation

Other Public Facility Needs Infrastructure (General) Water/Sewer Improvements Street Improvements Sidewalks Solid Waste Disposal Improvements

Flood Drainage Improvements Other Infrastructure Public Services (General) Senior Services Handicapped Services Legal Services Youth Services Child Care Services Transportation Services Substance Abuse Services

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Employment/Training Services Health Services Lead Hazard Screening Crime Awareness Fair Housing Activities Tenant Landlord Counseling Other Services (counseling) 25 5/11 5/0 Economic Development (General)

C/I Land Acquisition/Disposition

C/I Infrastructure Development C/I Building Acq/Const/Rehab Other C/I ED Assistance to For-Profit ED Technical Assistance Micro-enterprise Assistance Other

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Performance Measurement System 2011 CAPER

Grantee: City of San Angelo, Texas Please select one of the following: The community is not using a local performance measurement system and does not

intend to develop such a system. ______The community is not using a local performance measurement system, but intends to

develop and implement such a system that includes some/all of the criteria listed below by (date).

__X___The community is currently using a local performance measurement system. If yes,

please check off the following items that are included in your performance measurement system and attach either a description of your system or a report from the system.

_X__ Long-term (multi-year) goals/objectives

_X__ Short-term (annual) goals/objectives

___ Expected units of accomplishment upon completion of project/activity

_X__ Actual units of accomplishment upon completion of project/activity

_X__ Expected units of accomplishment during each program year of the

project/activity

_X__ Actual units of accomplishment during each program year of the project/activity

___ Aggregation of actual units of program year accomplishments to short-

term and long-term numeric goals/objectives

___ Outputs resulting from HUD funding are shown separately ___ One or more proposed outcome(s)

___ One or more actual outcome(s)

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Neighborhood & Family Services To secure Community Development Block Grant and HOME Investment Partnerships grant funding from HUD for the City in order to enhance the facilities in the low income areas of the community and the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents. Budget Summary FY11 Actual FY11 Budget Revenue

Grant Revenue $1,295,903 $1,026,126 Other $400,000 $335,000 Deficit/(Surplus) $(379,432) $ 0

Total Revenue $2,075,335 $1,361,126 Expenditure

Personnel $347,911 $376,759 Operations and maintenance

$1,726,613 $1,338,953

Capital $0 $0 Total Expenditure

Personnel Summary* FY11 Actual FY11 Budget Full-time 6 6 Part-time 0 0

Total Personnel 6 6 Activity: Home Buyer Assistance Program Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY11 Actual FY11 Budget Number of home buyers assisted 24 12

Number of applications 35 17 Average cost per household assisted

$6,772 $13,545

Percent of home buyers assisted who earn less than 60% median family income

13 6

40

Activity: Tenant Based Rental Assistance Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY11 Actual FY11 Budget Number of eligible households/persons served

21 20

Average cost per renter assisted (monthly) $325 $325

Activity: Neighborhood Revitalization Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY11 Actual FY11 Budget Cost per eligible household/persons served

$72,062 $86,475

Number of projects completed/Number of eligible households served

6 5

Activity: Owner Occupied Services - Rehabilitation Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings

Performance Measures FY11 Actual FY11 Budget Number of households assisted

44 42

Cost per unit assisted $6,056 $6,345

41

Activity: Owner Occupied Services – Emergency Rehabilitation Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY11 Actual FY11 Budget Number of households assisted 68 40

Cost per unit assisted $2,146 $3,648

Activity: Section 108 Debt Service Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY11 Actual FY11 Budget Cost per project $150,036 $150,036

Activity: Compliance Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure Community Development Block Grant and HOME Investment Partnerships grant funding from HUD Objectives: Coordinate and manage the CDBG and HOME programs in accordance with Council allocations and HUD regulations in a professional manner for the benefit of the City Performance Measures FY11 Actual FY11 Budget Number of repayments of federal dollars due to findings related to completeness

0 0

No more than 1.5 times the annual CDBG allocation will be available July 31

1 <1

Anticipated number of compliance reviews

1 1

Percent of projects reviewed that are in compliance

100% 100%

42

Activity: Financial Monitoring/Budgeting Serves City Council’s Vision: Neighborhood Vision, Community Appearance Vision Goal: Secure Community Development Block Grant and HOME Investment Partnerships grant funding from HUD Objectives: Coordinate and manage the CDBG and HOME programs in accordance with Council allocations and HUD regulations in a professional manner for the benefit of the City Performance Measures FY11 Actual FY11 Budget Amount of repayment of federal dollars due to findings

0 0

Number of internal findings due to program noncompliance

0 0

City of San Angelo

Memo Date:

To: Mayor and Council Members

From: Sandra J. Villarreal, Health Services Manager


Contact: Sandra J. Villarreal, Health Services Manager, 657-4493

Caption: Regular

Consideration of matters related to the San Angelo-Tom Green County Health Department, and Department of State Health Services and any action thereto:

A. Consideration of adopting a Resolution authorizing the City Manager or his designee the filing of grant submission to the Texas Department of State Health Services for Public Health Emergency Preparedness Discretionary Funds in the amount of $117,024 with a 10% match requirement of $11,702 for the establishment of a Public Health Emergency Response Center and;

B. Consideration of authorizing the 10% matching funds as required within the grant application and;

C. Consideration of accepting said PHEP Discretionary Funds if awarded to the City of San Angelo, and;

D. Consideration of authorizing the City Manager to execute all necessary documents related to said funds.

Summary: The San Angelo-Tom Green County Health Department has the opportunity, with a short window, to apply for funds from the Texas Department of State Health Services. The Discretionary funds will be used to establish a Public Health Emergency Response Center (PHERC) at the San Angelo City Hall complex. The proposed PHERC system will allow for the establishment of a Public Information Center, a Command and Control Center, and an Ancillary Response Center, each capable of communicating with each other and with the EOC.

History: The Department of State Health Services has remaining funds available from the FY12 Public Health Emergency Preparedness (PHEP) program, and is offering these funds as Discretionary dollars to entities currently receiving FY13 PHEP funding. These onetime project dollars must align within the scope of at least one of the 15 Public Health Preparedness Capabilities and have a strong link to PHEP activities. Our project addresses the following four of 15 capabilities:

Capability 1: Community Preparedness Capability 3: Emergency Operations Coordination Capability 4: Emergency Public Information and Warning Capability 6: Information Sharing

In prior years, the health department has been successful in receiving discretionary funds for equipment and furnishings at the Emergency Operations Center, and most recently to enhance security at the Animal Shelter through

instillation of security cameras and perimeter fencing. Due to the Shelter serving as a location for displaced animals and pets in emergency situations, this project qualified for funding. If the proposed application is approved, discretionary funds will be used for the establishment of a Public Health Emergency Response Center within City Hall. During a recent Bioterrorism exercise, City Hall staff was contaminated by a white power, and therefore, could not respond to the Emergency Operations Center (EOC). City Hall needs a system whereby an Emergency Response, in this case, a public health emergency, can be managed from the city hall complex with adequate communication and linkage to both the EOC and the general public.

Financial Impact: A 10% match is required for this grant, and is intended to be covered in the following manner: * Public Information Server and ancillary equipment: $17,936.00 10% Match of $1,794.00 to come from current PIO Budget * Conference Room Linkage & Technology: $99,088.32 10% Match of $9,908.00 to come from current FY12/13 General Fund Savings and / or remaining City Hall Project Funds. Total Matching Funds: $1,794 (PIO) $9,908 (City Hall) $11,702 (Total)

Related Vision Item

(if applicable):

Industry Vision….Better coordination between all taxing agencies

Industry Vision….Technology

Financial Vision….Core Services come first

Infrastructure Vision….Maintain Disaster Plans in events of catastrophic failures of service


Staff recommends . . . approval

Attachments: Resolution

Presentation: Powerpoint

Publication:


Rick Weise, x-1072

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

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL RATIFYING THE APPLICATION FOR A PUBLIC HEALTH EMERGENCY PREPAREDNESS DISCRETIONARY FUNDS GRANT IN THE AMOUNT OF $117,024.00 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO ESTABLISH A PUBLIC HEALTH EMERGENCY RESPONSE CENTER AT THE SAN ANGELO CITY HALL COMPLEX WHICH REQUIRES THE CITY TO CONTRIBUTE A TEN PERCENT (10%) MATCH IN FUNDS IN AN AMOUNT OF $11,702.00; AND AUTHORIZING THE CITY TO ACCEPT SUCH GRANT FUNDS FOR FY 2013, IF AWARDED, AND AUTHORIZING THE CITY TO PAY THE MATCH IN THE AMOUNT OF $11,702.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AND RELATED DOCUMENTS

WHEREAS, on or about November 15, 2012, the City of San Angelo (“City”) applied for a Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Discretionary Funds Grant (“Grant”) in the amount of $117,024.00, to be used to carry out objectives addressing Public Health Emergency Preparedness Goals of prevention, detection/reporting, investigation, control recovery, and improvement, and specifically to establish a Public Health Emergency Response Center at the San Angelo City Hall Complex (“Project”); and, WHEREAS, said Grant requires City to contribute a match of a ten percent (10%) in funds in the amount of $11,702.00 (“Match”) to Project; WHEREAS, said Grant will permit City to accomplish the public purpose of engaging in a coordinated effort among public health divisions and entities entrusted to respond to public health emergencies in San Angelo, Tom Green County, Texas by establishing said Project. WHEREAS, ratification of said Grant application, acceptance of said Grant funds in the amount of $117,024.00, authorization for payment by City of said ten percent (10%) Match in the amount of $11,702.00, and authorization for City Manager to execute any necessary and related documents is required by City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:

That the application for a Texas Department of State Health Services Public Health Emergency Preparedness (PHEP) Discretionary Funds Grant for $117,024.00, to establish a Public Health Emergency Response Center is hereby ratified and the grant of funds in the amount of $117,024.00, if awarded, is hereby accepted, with the City being authorized to pay a ten percent (10%) match in the amount of $11,702.00. The City Manager is hereby authorized to execute any necessary and related documents for implementing and carrying out such grant.

PASSED and APPROVED THIS DAY OF , 2012.

CITY OF SAN ANGELO, TEXAS

ATTEST: _________________________________ Alvin New, Mayor _________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM _____________________________ ______________________________ Sandra Villarreal, Lysia H. Bowling Health Services Manager City Attorney

City of San Angelo

Memo Date:


From: Sandra J. Villarreal, Health Services Manager


Contact: Sandra J. Villarreal, Health Services Manager, 657-4493

Caption: Regular

Consideration of matters related to the San Angelo-Tom Green County Health Department, and Department of Health and Human Services Waiver 1115 Funds and any action thereto:

A. Consideration of adopting a Resolution authorizing the City Manager or his designee the filing of grant submission to the Department of Health and Human Services for Waiver 1115 Funds in the amount of $960,000 with a 40% match requirement of $400,000 over a four (4) year period for the establishment of a Sexually Transmitted Disease Clinic;

B. Consideration of authorizing the 40% match of funds from the Nursing Division recurring General Fund Transfer Revenue in the amount of $100,000 yearly over the next four (4) years;

C. Consideration of accepting said Waiver 1115 funds award by the City, if approved; and;

D. Consideration of authorizing the City Manager to execute all documents related to said funds.

Summary: The San Angelo-Tom Green County Health Department has the opportunity, within a short window, to apply for funds from the Health and Human Services Commission. The Health Department’s application for Waiver 1115 funds to the Department of Health and Human Services is for the re-establishment of a Sexually Transmitted Disease Clinic.

History: In October 2012, staff met to discuss Waiver 1115 funds with Shannon Medical and decided to pursue an application with the Regional Partnership.

Waiver 1115 funds are funds allocated, mostly to hospitals, for uncompensated care associated with caring for persons without insurance or income. These funds are associated with Medicaid and are to be used to improve care, increase efficiency and reduce costs. The overarching goals of this waiver in Texas are to:

• Expand risk‐based managed care statewide; • Support the development and maintenance of a coordinated care delivery

system through the creation of Regional Healthcare Partnerships (RHPs) and RHP five year care and quality improvement transformation plans;

• Improve outcomes while containing cost growth; • Protect and leverage financing to improve and prepare the health care

infrastructure to serve a newly insured population; • Transition to quality‐based payment systems across managed care and

hospitals; and • Provide a mechanism for investments in delivery system reform including

improved coordination in the current indigent care system now providing services to individuals likely to gain coverage in 2014.

Waiver 1115 funds are for the expansion or enhancement of projects, and thus cannot be used to sustain existing projects. Due to the elimination of the STD Clinic at the Health Department in the new fiscal year, staff saw this as an opportunity to re-establish an STD Clinic at a more central location, immediately east of City Hall, which would not only fund the program for the next four (4) years, but assist in reducing overall expenses within the Department while providing for a permanent home for the City’s Health Department within the City Hall Plaza area. In summary, through the use of proposed Waiver 1115 Funds, staff is proposing to reestablish the City’s STD Clinic, and purchase an adjoining property to the City Hall Complex which will serve as home to the San Angelo Health Department.

Financial Impact: The Nursing Division currently receives $100,000 in general fund transfers yearly as part of the Budget process. Assuming that this general fund transfer will not decrease over the next 4 years, these dollars will serve as San Angelo’s Intergovernmental Transfer (IGT) Match needed for Waiver 1115 funds. Thus, for a $400,000 investment over the next four years, we will receive $960,000 in operational funding. If awarded, the grant dollars do not commit the City to any programming or reimbursement requirements past the 4 years of funding. Although maximizing current dollars in this manner may possibly result in enough funding to operate the Clinic for up to 5 years, thus giving additional time to assist in securing future operational dollars.

Related Vision Item

(if applicable):

Industry Vision….Better coordination between all taxing agencies

Industry Vision….Technology

Financial Vision….Core Services come first

Infrastructure Vision….Maintain Disaster Plans in events of catastrophic failures of service


Staff recommends . . . approval

Attachments: Resolution


Publication:


Rick Weise, x-1072

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

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL RATIFYING THE APPLICATION FOR 1115 WAIVER FUNDS IN THE AMOUNT OF $960, 000.00.00 FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION TO ESTABLISH A SEXUALLY TRANSMITTED DISEASE CLINIC AT THE CITY OF SAN ANGELO-TOM GREEN COUNTY HEALTH DEPARTMENT WHICH REQUIRES THE CITY TO CONTRIBUTE A FORTY PERCENT (40%) MATCH IN FUNDS IN AN AMOUNT OF $400,000.00 OVER A FOUR (4) YEAR PERIOD BEGINNING FY 2013; AND AUTHORIZING THE CITY TO ACCEPT SUCH 1115 WAIVER FUNDS BEGINNING FY 2013 AND CONTINUING THROUGH FY 2016, IF AWARDED, AND AUTHORIZING THE CITY TO PAY THE MATCH IN THE AMOUNT OF $400, 000.00; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY AND RELATED DOCUMENTS

WHEREAS, on or about November 12, 2012, the City of San Angelo (“City”) applied for 1115 Waiver Funds from the Texas Health and Human Services Commission (“1115 Waiver”) in the amount of $960, 000.00, to be used to carry establish a sexually transmitted disease clinic (“STD Clinic Project”) at the San Angelo-Tom Green County Health Department; and, WHEREAS, said 1115 Waiver requires City to contribute a match of a forty percent (40%) in funds in the amount of $400, 000.00 over a four (4) year period beginning FY 2013 for said STD Clinic Project; WHEREAS, said 1115 Waiver will permit City to accomplish the public purpose of controlling and treating sexually transmitted diseases in San Angelo, Tom Green County, Texas by establishing said STD Clinic Project. WHEREAS, ratification of said 1115 Waiver application, acceptance of said 1115 Waiver funds in the amount of $960, 000.00, authorization for payment by City of said forty percent (40%) Match in the amount of $400,000.00 over a four (4) year period beginning FY 2013 for said STD Clinic Project; and authorization for City Manager to execute any necessary and related documents is required by City Council.

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

That the application for Texas Health and Human Services Commission 1115 Waiver Funds for $960, 000.00, to establish a sexually transmitted disease clinic (“STD Clinic Project”) at the San Angelo-Tom Green County Health Department is hereby ratified and the 1115 Waiver Funds in the amount of $960,000.00, if awarded, is hereby accepted, with the City being authorized to pay a forty percent (40%) match in the amount of $400,000.00 over a four (4) year period beginning FY 2013 for said STD Clinic Project. The City Manager is hereby authorized to execute any necessary and related documents for implementing and carrying out such 1115 Waiver Funds project.

PASSED and APPROVED THIS DAY OF , 2012.


ATTEST: ________________________________ Alvin New, Mayor ________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM _____________________________ ______________________________ Sandra Villarreal Lysia H. Bowling Health Services Manager City Attorney

City of San Angelo



From: Morgan Trainer, Budget Manager

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

Contact: Morgan Trainer, 653-6291

Caption: Regular Item

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

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

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

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

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

Related Vision Item

(if applicable):

Financial Vision


Staff recommends no action at this time.

Attachments: N/A


Publication: No


Michael Dane

Approved by Legal: N/A

` City of San Angelo



From: Morgan Trainer, Budget Manager

Subject: Agenda Item for November 20, 2012, Council Meeting

Contact: Morgan Trainer, Budget Manager


First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for encumbrances, restricted and dedicated moneys, incomplete projects, and grants which necessitate budget amendments

Summary: This proposed amendment contains the following items (additional information attached):

• Encumbrances, Grants, Citizen Contributions, Restricted Monies, and Incomplete Projects

• Fire Training Facility

• Rent and Utilities for Nursing Offices

• Landfill Gas Collection System Debt

• Twin Buttes South Pool Pumping

• Neighborhood Rehabilitation Program, Roof Program, and Neighborhood Blitz

History: See attached Budget Amendment Request memorandums.

Financial Impact: $25,973,495 (see attached detail on Exhibit A of the ordinance).

Related Vision Item

(if applicable):

N/A


Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A


Michael Dane

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS, AND GRANTS.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

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

The City’s budget for fiscal year 2012-2013 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 20th day of November, 2012, and APPROVED and ADOPTED on this the 4th day of December, 2012.


__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form: __________________________________ Michael Dane, ACM/CFO

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name Total Amendment 101 General 852,559 103 Intergovernmental 1,578,622 106 TIRZ 303,779 220 Airport 274,972 230 Landfill Operating 516,252 260 Water 1,620,062 270 Wastewater 189,588 301 Vehicle Maintenance 29,290 310 Health Insurance 343,288 320 Property/Casualty 333,805 410 Civic Events 9,550 453 Community Development Block Grant 570,000 501 Equipment Replacement 36,650 502 General Capital Projects 215,228 504 2007 General Bond 44,311 512 Waterline Supply Projects 2,328,116 513 Water Capital Projects 42,431 520 Wastewater Capital Projects 6,708,023 525 2007 Wastewater Bond 9,604,584 531 Airport Capital 60,922 601 Designated Revenue 311,463 Totals 25,973,495

City of San Angelo Proposed Budget Amendment Amendment Additional Information Project/Need Source of Funding Expense Revenue Net Cost Budget Carryovers

Grants Multiple Funds –

Fund Balance 419,544 798,342 (378,798)

Citizen Contributions Designated

Revenue Fund – Fund Balance

311,463 0 311,463

Restricted Items Multiple Funds –

Fund Balance 1,169,948 0 1,169,948

Capital Projects Multiple Funds –

Fund Balance 19,974,952 0 19,974,952

Encumbrances Multiple Funds –

Fund Balance 1,421,336 0 1,421,336

Fire Training Facility Economic

Development Administration Grant

1,200,000 1,200,000 0

Rent and Utilities for Nursing Office RLSS Grant 20,000 20,000 0 Landfill Gas Collection System Debt Increased Landfill

Rates 516,252 811,000 (294,748)

Twin Buttes South Pool Pumping Project Water Operating

Fund/Fund Balance 370,000 0 370,000

Neighborhood Revitalization, Roof, and Neighborhood Blitz Programs

Type B Sales Tax 570,000 570,000 0

Totals 25,973,495 3,399,342 22,574,153

City of San Angelo



From: Michael Dane, Assistant City Manager/CFO

Subject: Agenda Item for November 20, 2012 Council Meeting

Contact: Michael Dane, Assistant City Manager/CFO Matt Lewis, San Angelo Area Foundation

Caption: Discussion and consideration of adopting a Resolution authorizing the City Manager to negotiate and execute an Office Lease Agreement By and Between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) providing for the lease of office space by SAPAC on the west mezzanine of the City Hall building.

Summary: Today’s action will authorize SAPAC to occupy the West Mezzanine in order to facilitate operations and maintenance of activities conducted at the City Auditorium. The draft lease agreement proposes a 20 year term with two (2) extended terms of ten (10) years each. The proposed draft lease agreement will also address the shared expense of essential costs such as utilities.

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

At its regular meeting on March 6, 2012,the San Angelo City Council adopted a resolution authorizing the Interim City Manager to negotiate and execute a Development and Operating Agreement For Performing Arts Campus By and Between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within the City Hall building.

Key terms of the Development and Operating Agreement include:

SAPAC has agreed to:

- contribute $2.5M to complete the Auditorium annex.

- reimburse the City for expenditures to occupancy the leased space at 100%

- 20 years with 3 ten year option renewals, contingent on performance, as required

- $2 ticket fee for maintenance of the facility by City Council

- Scheduled decreasing of base HOT allocation with availability of additional

funding based on performance

- Will build a performing arts center for at least $10M (former Coke warehouse)

- Will create a operating endowment for $1M

- Will manage renovated annex and performing arts center

- Will provide box office services

- Will demonstrate charitable mission by providing access to a broad range of the public

- Will provide an annual report to the city

- Will provide event insurance

City has agree to:

- to auditorium renovation is a city project

- will cooperate on naming rights to the extent allowed by advertising contract

- will allow sub-granting of HOT revenues

- will provide property insurance on Auditorium

- will lease Mezzanine for a nominal fee to SAPAC

- Hotel and Motel Occupancy Tax Revenue (HOT) transferred from the San Angelo Cultural Affairs Council (SACAC) would be transferred to SAPAC

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


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

Attachments: Written Resolution, Draft Office Lease, and Development & Operating Agreement (effective 10/16/12)

Presentation: Presentation by Assistant City Manager/CFO Michael Dane

Publication: N/A


Daniel Valenzuela

Approved by Legal: Asst. City Attorney Dan Saluri

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OFFICE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION (SAPAC) PROVIDING FOR THE LEASE OF OFFICE SPACE BY SAPAC ON THE WEST MEZZANINE OF THE CITY HALL BUILDING

WHEREAS, on March 6, 2012, the City Council adopted a resolution authorizing the Interim City Manager or his designee to negotiate and execute a Development and Operating Agreement For Performing Arts Campus By and Between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to creation of the Performing Arts Center and Campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space by SAPAC within the City Hall building; and providing for funding responsibilities; and, WHEREAS, pursuant to said Development and Operating Agreement, and as part of the consideration therefore, the City shall provide SAPAC with office space on the West Mezzanine of the historic City Hall building; and,

WHEREAS, pursuant to the Office Lease Agreement, SAPAC shall construct, at its sole cost, improvements necessary for its office use of the leased premises, in conformity with the current restoration of the historic City Hall building; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute the Office Lease Agreement by and between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) for lease of the West Mezzanine of the historic City Hall Building and providing for SAPAC to construct at its sole cost, improvements necessary for its office use of the leased premises, in conformity with the current restoration of the historic City Hall building. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Michael Dane Lysia H. Bowling, City Attorney Assistant City Manager/Chief Financial Officer

City of San Angelo


To: COSADC Board

From: Shawn Lewis, Director of Community and Economic Development

Subject: Agenda Item for December 4, 2012

Contact: Shawn Lewis, 657-4210

Caption: Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation to approve the expenditure of up to $23,000 from half cent sales tax funds for cabinets, shelving, guest waiting furniture, décor/artwork, receptionist desk and landscaping for the new Business Resource Center

Summary:

Several items were not included in the original budget for the BRC that COSADC considers essential for making the building a first-rate facility for business services. COSADC staff had proposed no additional funding, but rather, allowing staff to utilize the already budgeted BRC Maintenance and Operations line item to fund these one-time expenditures. At the COSADC meeting of November 14, the board determined that funds available in that budget line item were inadequate to properly fund the proposed improvements. Consequently, the board authorized an additional $23,000 from unallocated COSADC funds to pay for these items. Décor—COSADC, having not owned a building other than the CVCED, does not

own enough artwork, office plants, table décor, brochure racks, etc. to fill the common areas of the BRC including the main hallway, lobby, conference room (although the Health Foundation grant has funded the table, chairs and TV screen in this room), break/reception area and training room.

Furniture—all furniture owned by COSADC is currently in use, no furniture has been discarded and no furniture is slated for replacement. However, the corporation does not own a reception desk where Nora will sit. The Health Department has temporarily loaned COSADC a desk which is not suited for a reception desk and contains no storage. As shown in the photo below, boxes will need to be stored behind this desk due to a lack of storage.

Also, the executive director’s office has no guest chairs. This is due to the fact that a conference table formerly located in the director’s office is now located in a common area. That conference table had four chairs, two of which were used as the director’s office guest chairs and two were at the conference table.

Finally, the reception room/break room outside the training room has no furniture. A used refrigerator from the CVCED can be utilized unless MedHab requests that the refrigerator stay in the current CVCED building. The partners envision couches, coffee-type tables or possible tall 3-4 person tables and chairs.

Landscaping—Staff would like to zeriscape the four tree wells in front of the BRC

as well as the large planter bed along the cinderblock fence across 1st Street which screens the BRC parking lot.

Financial Impact:


Presentations:

Publication:

Attachments:

Reviewed by Director

Reviewed by Legal

None: costs covered by FY12-13 BRC Maintenance & Operations budget if authorized by COSADC board

Reception/Break room furnishings $10,670 Two guest chairs for ED office $200 Blinds for COSADC suite $1,000 Reception desk for COSADC suite $3,752 COSADC lettering/logo for office suite window $200 Zeriscaping and irrigation system repair $20,000 Artwork & décor in common areas $11,500 Landscape maintenance service for 10 months $500 Copy machine lease for 11 months $2,178 Janitorial services for 10 months $8,000 Total from budgeted $58,000 M&O line item $58,000 Contingency as recommended by COSADC $23,000

COSADC recommends authorizing an additional $23,000 toward these and other expenses to complete the BRC. Shawn Lewis N/A N/A Shawn Lewis N/A

City of San Angelo



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

Subject: Agenda Item for November 20, 2012 Council Meeting


Discussion and consideration of closing City of San Angelo offices on Monday, December 31, 2012 and Tuesday, January 1, 2013 to coincide with Tom Green County offices New Year’s holiday.

_________________________________________________________________________________

Summary: Seeking approval from Council to approve an additional holiday for calendar year 2013, by closing offices on December 31, 2012 and January 1, 2013 to coincide with the Tom Green County offices. In November each year, the holidays are identified for the following calendar year, and sent out to employees.

History: On two occasions in the last five years, the City has added a holiday to the New

Year’s holiday to coincide with the Tom Green County schedule. Council approved closing Monday, December 31, 2007 and Tuesday, January 1, 2008; and Thursday, January 1, 2009 and Friday, January 2, 2009.

Financial Impact: The financial cost to the City is the same whether December 31, 2012 is a work

day or a holiday. The loss to the City is in productivity for the day. Attachments: COSA holiday history spreadsheet. Presented By: Lisa Marley, Director of Human Resources and Risk Management Reviewed by: Lisa Marley, Director of Human Resources and Risk Management, November 13, 2012.

COSA Holiday History

Year Notes # of Holidays

1991 Furthest records researched. 9

Feb-07 MLK day added for CY 2008 10

Nov-07 Due to TGC closing on Monday 12/31/07 11and Tuesday 1/1/08, Council unanimouslyapproved same for COSA, but 12/31is not a permanent holiday.

2008 No changes to established holiday schedule. 10

Nov-08 Due to TGC closing on Thursday 1/1/09 11and Friday 1/2/09, Council unanimouslyapproved same for COSA, but 1/2 is nota permanent holiday.


Nov-10 Added Veteran's Day as an official 11holiday, starting in 2011.


2013 TGC is closed on Monday 12/31/12and Tuesday 1/1/13.

Cost to City is same whether 12/31 is a holidayor a work day. Loss is in productivity.

City of San Angelo



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Consent

Consideration of approving appointments to MHMR Service for the Concho Valley Board of Trustees recommended by Liaison Representative Committee Recommended Board of Trustees: Darling, Trudy–November 1, 2012 through October 31, 2014 (re-appointment) Houston, Cary–November 1, 2012 through October 31, 2014 (re-appointment) Shannon, Jacqueline–November 1, 2012 through October 31, 2014 (re-appointment) Smith, Wayne E.–November 1, 2012 through October 31, 2014 (re-appointment) Stokes, John–November 1, 2012 through October 31, 2014 (re-appointment) Spieker, Dianna M.– appointed as alternate in case of a vacancy

Summary/History:

Councilmember Silvas serves as the Council Representative to the MHMR Liaison Representative Committee which presented the nominations. Term appointments are from November 2012 to October 2014.

Financial Impact: None

Related Vision Item

(if applicable):

N/A


Staff recommends approval.

Attachments: Letter from MHMR

Presentation: N/A

Publication: N/A


N/A

Approved by Legal: N/A

TO: Appointing Agencies Angelo State University-Dr. Rallo, President City of San Angelo-City Council

San Angelo Independent School District-Board of Trustees Tom Green County-Commissioners Court FROM: Appointing Agencies - Liaison Representatives Mr. Nolen Mears, Angelo State University Mr. Johnny Silvas, City of San Angelo Mr. Aubrey DeCordova, Tom Green County

Mr. Gerard Gallegos, San Angelo Independent School District SUBJECT: Appointments to the Board of Trustees of the MHMR Services for the Concho Valley DATE: November 14, 2012 The Liaison Representatives nominates the following persons for re-appointment to the MHMR Services for the Concho Valley Board of Trustees for an unexpired term ending October 31, 2014: Darling, Trudy–November 1, 2012 through October 31, 2014 (re-appointment) Houston, Cary–November 1, 2012 through October 31, 2014 (re-appointment) Shannon, Jacqueline–November 1, 2012 through October 31, 2014 (re-appointment) Smith, Wayne E.–November 1, 2012 through October 31, 2014 (re-appointment) Stokes, John–November 1, 2012 through October 31, 2014 (re-appointment)

Spieker, Dianna M.– appointed as alternate in case of a vacancy Official appointment of these nominees is requested by the Liaison Representatives to provide a duly constituted Board of Trustees as required by the Texas Laws Relating Mental Health and Mental Retardation. Documentation (notarized meeting minutes where applicable) of the appointments should be sent to the Executive Director’s Office, MHMR Services for the Concho Valley, 1501 West Beauregard, San Angelo, Texas 76901. If you have any questions, please feel free to contact Ms. Annette Hernandez at (325) 658-7750 ext. 346.

december 4, 2012 city council agenda packet

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