Agenda Packet March 6, 2012

City Council Agenda of 3 March 6, 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, March 6, 2012 McNease Convention Center, South Meeting Room

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

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamations

“Girl Scouts Day”, March 12, 2012 and celebrating 100 years of Girl Scouting, to be accepted by Angel Lawrence, Senior Girl Scout, Cayenne Lawrence, Brownie Girl Scout, and Holland Flage, Daisy Girl Scout Troop 5158, first grader at Bonham Elementary

“National Nutrition Month”, March 2012, to be accepted by Betty Teston, Local Dietitian, Big Country Academy of Nutrition & Dietetics

D. Recognition

City Manager Harold Dominguez in recognition of over eight years of service to the City of San Angelo

E. Public Comment

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

II. CONSENT AGENDA 1. Consideration of approving the February 21, 2012 City Council Regular meeting minutes 2. Consideration of awarding bid SB-01-12 for Cold Applied Crack Sealant to EZ Seal, LLC (Van Alstyne, TX)

in an amount not exceed $111,899. 20, and authorizing the City Manager or his designee to execute any necessary related documents

3. Consideration of approving a residential lease renewal at Lot 22, Group 9, 1926 South Concho (Gilbert); and authorizing the Water Utilities Director to execute the same

4. Consideration of approving City representative appointments to the Concho Watermaster Advisory Committee


5. Consideration of authorizing the City Manager to execute Change Order #1 to WU-7-10 Rio Concho Drive Sewer Trunk Contract with Holloman Corporation in the amount of $405,339.00 for additional work required due to differing subsurface conditions encountered in Concho Dr. and Oakes St.

6. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board authorizing a revision to the North Angelo Redevelopment Incentives Program policy guidelines to alter the asbestos abatement incentive to 50% matching funds incentive with the maximum TIRZ expenditure to be $15,000.00

7. Consideration and possible action regarding a Tax Increment Reinvestment Zone (TIRZ) Board recommendation to expend up to $10,000.00 for consultant services for updating the Letter of No Prejudice (LONP) in order to capture value associated with the Downtown Pedestrian Improvement Plan to be used in the future for cash match for future federal and state grants

8. Consideration of adopting a Resolution authorizing the Interim City Manager or his designee to negotiate and execute a Memorandum of Understanding with Downtown San Angelo, Inc. (DSA) relating to shared responsibility for funding and constructing of the Downtown Pedestrian Improvement Plan

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

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

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071(1)(a) to consult with attorney on contemplated litigation and Section 551.071(2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act

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

G. PUBLIC HEARING AND COMMENT

9. Consideration of matters related to the Employee Policy Manual and any action in connection thereto a. Discussion of and consideration of approving the new policies having or expecting to have an

increased financial impact on the City: drug testing, hiring rates of pay, callback hours, disaster preparedness, sick leave incentive, funeral leave, and severance pay

b. Update on newly established policies approved by the City Manager (Presentation by Human Resources Director Lisa Marley)

10. Discussion of matters related to the consolidation of the Upper Colorado River Authority Interlocal Service Agreements into one Interlocal Service Agreement (Presentation by City Manager Harold Dominguez)

11. Consideration of matters related to Zoning Case Z 12-02 Billy Huffman: a. Consideration of approving the Planning Commission’s recommendation modifying a request for a

zone change from Ranch & Estate (R&E) to Heavy Commercial (CH), alternatively recommending a zone change from Ranch & Estate (R&E) to Office Warehouse (OW) (item continued on next Page)


b. 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 12-02: Billy Huffman 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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

(Presentation by Planning Manager AJ Fawver) 12. Discussion and consideration of adopting a Resolution authorizing the City Manager to negotiate and

execute a Development and Operational Agreement for Performing Arts Campus by and between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to the creation and development of a performing arts center and campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space within City Hall by SAPAC; providing for funding responsibilities of the parties; and providing for related matters (Presentation by Assistant City Manager Elizabeth Grindstaff)

13. First public hearing and consideration of introduction of an Ordinance amending the 2011-2012 Budget AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS (Presentation by Budget Manager Morgan Trainer)

14. Discussion of 2012-2017 Capital Improvement Plan (Presentation by Budget Manager Morgan Trainer)

15. Discussion of posted speed limit on Foster Road from Loop 306 South Frontage Road north to the end and any action in connection thereto (Presentation by City Engineer Clinton Bailey)

16. Update from the Sub-Committee on Executive Search Firms for the recruitment of the City Manager position (Presentation by Human Resources Lisa Marley)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

17. Consideration of matters discussed in Executive/Session, if needed 18. Consideration of a Board nomination by Council and designated Councilmembers:

a. Keep San Angelo Beautiful: Jeana Fox (Mayor) 19. Consideration of Future Agenda Items 20. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, March 2, 2012, at 5:00 P.M.

/x/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N WHEREAS, The 100th Anniversary of the start of Girl Scouting is being celebrated

throughout our nation on Monday, March 12; and, WHEREAS, The San Angelo Girl Scout Council was charted in 1937; and the Girl

Scouts have designated 2012 as the Year of the Girl and, WHEREAS, Those involved consist of hundreds of volunteers, offering their time to

help produce productive informed young ladies to be citizens of our community; and,

WHEREAS, The basic core values of living lives with courage, confidence and

character have remained the same over the years; and, WHEREAS, Numerous organizations and our community have benefitted from the

service projects of Girl Scout troops over the years; and, WHEREAS, San Angelo is fortunate to have adult Girl Scouts serving in leadership

roles throughout our community using life skills they learned from their involvement in the Girl Scouts; and,

WHEREAS, Juliette Gordon Low founded the organization that local leaders will

continue to use to encourage girls in new technology, new ways of developing skills, and issues that are important in our community.

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby declare Monday, March 12th of 2012, as

“GIRL SCOUT DAY”

and encourage citizens to join in celebrating 100 years of Girl Scouting.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 6th day of March, 2012.

THE CITY OF SAN ANGELO ALVIN NEW, MAYOR

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

WHEREAS, food is the substance by which life is sustained; and WHEREAS, the type, quality, and amount of food that individuals

consume each day plays a vital role in their overall health and physical fitness; and

WHEREAS, there is a need for continuing nutrition education and a

wide-scale effort to enhance good eating practices. NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of March 2012 as

“NATIONAL NUTRITION MONTH” in San Angelo, Texas, and I encourage all citizens to join the campaign and become concerned about their nutrition and the nutrition of others in the hope of achieving optimum health for both today and tomorrow.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 6th day of March, 2012.

THE CITY OF SAN ANGELO ___________________________

Alvin New, Mayor

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 289 Tuesday, February 21, 2012 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:16 A.M., Tuesday, February 21, 2012, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

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

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

An invocation was given by Rev. Janie Kelley of Unity Church of Christianity and pledge was led by Dylan Fisher and Emma Morales 3rd Graders at Angelo Catholic School.

RECOGNITION

"AEP Texas North Company, 2011 Score/City SmartSM Program" Incentive Check in the amount of $17,896.50 for Energy Saving Incentives was presented to the City of San Angelo for improving the energy efficiency of their local government facilities; check presentation by Gary Throckmorton, Fred Hernandez, and Matt Romero, AEP Texas representatives

PUBLIC COMMENT

Public comments were made by Florence Behavin, tenant at Spur Building, regarding rumors of the building closing. City Manager Harold Dominguez informed the issue involved potential litigation and therefore not able to comment publicly on the issue; however, the issue at hand is not to close the building but regarding other matters.

CONSENT AGENDA

APPROVAL OF THE FEBRUARY 7, 2012 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID WU-20-11 FOR FILTER MEDIA TO SNR TECHNOLOGIES (KATY, TX), IN THE AMOUNT OF $89,038.40 AND AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF THE FOLLOWING TAX LOTS:

• Next to 625 W 18th Street, (Roberts), Lot 10 & W 1/2 of Lot 9, Block 2, Mineola Addition, $1,100.00, Suit No. B-04-0129-T (ANNEX A, PAGE 299, RESOLUTION #2012-02-019R)

• Next to 617 E 36th Street, (Roberts), Lot 6, Block 2, Goren Subdivision, $500.00, Suit No. A-08-0076-T (ANNEX B, PAGE 301, RESOLUTION #2012-02-020R)

• 2638 Webster Avenue, (Robles/Pearcy), Lots 21, 22, 23 & 24, Block 38, Forest Park Addition, $4,000.00, Suit No. B-06-0112-T (ANNEX C, PAGE 303, RESOLUTION #2012-02-021R)

• 316 W 13th Street, (Saucedo), Lot 16, Block 68, Miles Addition, $2,404.00, Suit No. B-07-0193-T (ANNEX D, PAGE 305, RESOLUTION #2012-02-022R)

• 305 W Avenue U, (Banda), Lot 5, Block 4, Fort Concho Annex Addition, $1,206.00, Suit No. B-07-0058-T (ANNEX E, PAGE 307, RESOLUTION #2012-02-023R)

Minutes Vol. 103 February 21, 2012 AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A RENEWAL LEASE AGREEMENT WITH CONCHO VALLEY HOME FOR GIRLS WITHIN THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, AND IMPROVEMENTS LOCATED THEREON

AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A MEMO OF UNDERSTANDING ADDENDUM WITH CLEARESULT CONSULTING, INC. FOR THE 2012 SCORE / CITY SMART PROGRAM SPONSORED BY AEP TEXAS CENTRAL COMPANY

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY OF SAN ANGELO TO APPLY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) FOR THE CRIME ANALYSIS PROGRAM IN THE AMOUNT OF $43,220.00 (ANNEX F, PAGE 309, RESOLUTION #2012-02-024R)

CONSIDERATION OF ADOPTING A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”) SUSPENDING THE EFFECTIVE DATE FOR NINETY DAYS IN CONNECTION WITH THE RATE INCREASE FILING OF ATMOS ENERGY CORPORATION ON OR ABOUT JANUARY 31, 2012; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZATION FOR THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE (ANNEX G, PAGE 311, RESOLUTION #2012-02-025R)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX H, PAGE 315, ORDINANCE #2012-02-026)

Z 11-21: Titan Investments, 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: 334 WEST CONCHO AVENUE, APPROXIMATELY 158 FEET EAST FROM THE INTERSECTION OF SOUTH ABE STREET AND WEST CONCHO AVENUE, SAN ANGELO ADDITION, BLOCK 31, LOT 8 AND THE EAST 15 FEET OF LOT 9, CHANGING THE ZONING CLASSIFICATION FROM OFFICE COMMERCIAL (CO) TO HISTORIC OVERLAY (OH) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX I, PAGE 317, ORDINANCE #2012-02-027)

Z 12-01: Paul Jost

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: 226, 230, & 236 WEST 2ND STREET, APPROXIMATELY 125 FEET EAST FROM THE INTERSECTION OF WEST 2ND STREET AND MARTIN LUTHER KING DRIVE. MORE SPECIFICALLY OCCUPYING THE COTTONYARD SUBDIVISION, BLOCK I, LOTS 6-8 IN CENTRAL SAN ANGELO, CHANGING THE ZONING CLASSIFICATION FROM GENERAL COMMERCIAL/HEAVY COMMERCIAL (CG/CH) AND OFFICE WAREHOUSE (OW) TO GENERAL COMMERCIAL (CG) DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY

Minutes Page 291 February 21, 2012 Vol. 103 SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 11 REGARDING DRIP IRRIGATION OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX J, PAGE 319, ORDINANCE #2012-02-028)

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202 (11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

SECOND HEARING AND ADOPTION OF AN ORDINANCE APPROVING THE TIRZ PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN (ANNEX K, PAGE 321, ORDINANCE #2012-02-029)

AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

Motion, to approve the Consent Agenda, with the exception of the Texas Comptroller Transparency application and Convention and Visitors Bureau Contract, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AUTHORIZATION FOR THE INTERIM CITY MANAGER OR HIS DESIGNEE TO SIGN AND APPROVE THE SUBMITTAL OF THE TX COMPTROLLER LEADERSHIP CIRCLE TRANSPARENCY IN LOCAL GOVERNMENT SCORING APPLICATION TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR RECOGNITION OF THE CITY OF SAN ANGELO IN MEETING HIGH STANDARDS FOR FINANCIAL TRANSPARENCY ONLINE Councilmember Farmer recognized the Finance Department in their pursuit to apply for the designation and acknowledged the work by staff to apply for such designation. Motion, to authorize, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. AUTHORIZATION FOR THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO CHAMBER OF COMMERCE EFFECTIVE OCTOBER 1, 2010 THRU SEPTEMBER 30, 2012 TO OPERATE THE CONVENTION AND VISITORS BUREAU, AND TO RECEIVE AND EXPEND HOTEL AND MOTEL OCCUPANCY TAX REVENUE Interim City Manager Michael Dane presented background information. Responding to a question from Council, he explained the existing was effective through September 30, 2010, however, due to impending discussions regarding the Hotel and Motel Occupancy Tax revenue process both parties have agreed and operated under the existing contract since the expiration of the contract. Mr. Dane noted Councils approval of the contract presented today will cover the period from October 1, 2010 through September 30, 2012. In conclusion, Council authorized the approval of the contract with the understanding the contract is not a “blank check”, but an existing contract and the City is merely extending the contract through September 30, 2012 with the understanding to continue to negotiate changes. Motion, to authorize, as presented, with the understanding the contract is not a “blank check”, but an existing contract and the City is merely extending the contract through September 30, 2012 with the understanding to

Minutes Vol. 103 February 21, 2012 continue to negotiate changes, was made by Councilmember Farmer and seconded by Councilmember Adams. Motion carried unanimously.

Minutes Page 293 February 21, 2012 Vol. 103

APPROVAL OF AND ALLOWANCE TO CLOSE NON-CRITICAL CITY SERVICES ON FRIDAY, APRIL 20, 2012 AND TO ALLOW EMPLOYEES TO PARTICIPATE IN CLEAN-UP AND PAINTING EFFORTS IN THE FORMER LINCOLN MIDDLE SCHOOL NEIGHBORHOOD AS PART OF THE CITY’S NEIGHBORHOOD REVITALIZATION STRATEGY Neighborhood and Family Services Director Bob Salas presented background information. Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. General discussion was held on the ratio of City employees to volunteers, setting a goal to increase the ratio from 1:1 to 2:1 and not necessarily involve all City employees, the directive from city management and some city staff’s perspective of being forced to participate in the effort, the overall mission and goals of the organization in relation to these types of efforts, an employee’s role to serve as a public servant, the positive impact of these efforts within the community, creating reverse rolls and fostering camaraderie, the City’s effort to fill the void of the former Christmas in April program, and potentially transferring the program to another organization. A vote was taken on the motion on the floor. Motion carried unanimously. APPROVAL OF THE REALLOCATION FROM THE 2011 CDBG HOUSING REHAB PROGRAM IN THE AMOUNT OF $25,000.00 TO HELP FUND THE NEIGHBORS HELPING NEIGHBORS (NHN) PROGRAM Neighborhood and Family Services Director Bob Salas and NHN Program Coordinator Mary Herbert presented background information. Motion, to approve, as presented, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously. DIRECTION TO STAFF TO FURTHER NEGOTIATE AND ADD RECOMMENDATIONS BY CITY COUNCIL TO THE OPERATIONAL AGREEMENT 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 MUNICIPAL AUDITORIUM; PROVIDING FOR MANAGEMENT SERVICES BY SAPAC; PROVIDING FOR THE USE OF OFFICE SPACE BY THE COALITION WITHIN CITY HALL BY SAPAC; PROVIDING FOR FUNDING RESPONSIBILITIES OF THE PARTIES; AND PROVIDING FOR RELATED MATTERS City Manager Harold Dominguez presented background information. He provided a brief on the terms of the contract, specifically the sales tax allocation to construct the auditorium for $3.5M, working with the arts group to establish a performing arts center, the provision for the City to maintain the core structure of the auditorium for $2.5M with the understanding SAPAC will raise the remaining $2.5M through private donors to complete the restoration, in turn SAPAC will operate the Auditorium; and authorizing a 50 year lease with the City with the understanding the City will draft a renewal lease thereafter. Mr. Dominguez reviewed the main contract terms: naming rights of the Auditorium and limiting SAPACs role in the sale of naming rights, and if presented, both entities will work collaboratively and City Council will have final approval of such; City will be reimbursed for any operational and maintenance cost at 100% therefore no subsidy; SAPAC will finish out the mezzanine area at no cost to the City, and entities involved agreed the San Angelo Cultural Arts Affair (SACAC) 5% Hotel and Motel Occupancy Tax revenue (HOT) allocation will be reverted to SAPAC. General discussion was held on SAPAC’s mission to integrate the community use of the Auditorium; ensuring the HOT funds are utilized for programming and not salaries; Mezzanine finished at a base level and any improvements or furnishings will be provided by SAPAC; leasing the entire west side of the auditorium mezzanine versus utilizing the space for other City operations; the concerns of the amount of money to complete the Auditorium and the exchange for the office space, SACAC 5% HOT funds transfer, revenue sharing options, no guarantee on the dollar amount to provide long term financial relationship in regards to charging a $2 ticket fee for maintenance of the Auditorium; other contractual relationships with similar ticket sales; appointing three

Minutes Vol. 103 February 21, 2012 representatives each from the City and SAPAC to decide on the ???; SAPAC’s decision to create their own ticket office and charge a $1.50 ticket fee to maintain the former Coke warehouse; limiting the groups usage of HOT funds for programming; being good stewards of using the funds from the City for those specific programs, return on investment of HOT dollars, and the required budget reporting from SAPAC showing how dollars are used (noting such reporting is state regulated). In conclusion, City Council suggested the following changes to the contract:

- SAPAC 2.5M finish of Auditorium - 50 year lease: decrease time 15-20 - Naming rights: SAPAC can have legacy naming rights (name on a plaque but not on the facility); selling

rights for the Auditorium only – then they must work with existing contractor and obtain approval by City Council

- Ticket fee - Mechanism for inflationary figure for increased cost - Termination clause: termination process, for a period of time, and if so, have an amortized value for the

capital investment

RECESS

At 10:31 A.M., Mayor New called a recess.

RECONVENE

At 10:47 A.M., Council reconvened, and the following business was transacted:

UPDATE AND PRESENTATION ON THE MUNICIPAL POOL RENOVATION PROJECT AND THE CONCHO RIVER AND TRAIL IMPROVEMENT PROJECT Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the water tower and the possibly of a more rustic look to coordinate with the river project; fencing; view of the river stage, capacity of 500-600, filling the pool in relation to existing water and drought level restrictions; the contingency amount and staying within the budget; bank erosion issues along the river and related cost; further repairing the banks while river is drained; the trail along the San Angelo Health Foundation property; and boat ramps. Councilmember Adams left the meeting at 11:28 a.m. DIRECTION TO STAFF EXAMINE OTHER ALTERNATIVES FOR THE CONCHO VALLEY MULTI-MODAL TERMINAL CONSTRUCTION AND ROADWAY IMPROVEMENTS AT INTERSECTING STREETS OF NORTH CHADBOURNE AND EAST 5TH STREET AND OTHER STREETS ADJACENT TO THE FACILITY MPO Interim Director Doray Hill and City Engineer Blake Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. He informed the Certificate of Occupancy has not been obtained as plan but the move in should be by March 1. Mr. Wilde informed a striping plan will be implemented to help alleviate the problems associated with the S curve on Chadbourne Street, thereby merging all traffic into one lane to maneuver the turn and reduce the number of conflicts points by one. Responding to questions when the number of lanes were reduced to one lane and who authorized such reduction, staff informed Council authorized the action in November 3, 2009. Further discussion was held on installing the island and the possibility of purchasing an easement to widen the street. In conclusion, Council directed staff to re-examine other alternatives to change the median, the radius of the turn, or possibly obtain an easement on the south side of Chadbourne.

Minutes Page 295 February 21, 2012 Vol. 103

AUTHORIZATION FOR THE PLANNING MANAGER TO BEGIN NEGOTIATIONS WITH GATEWAY PLANNING GROUP FOR THE FORMULATION OF A TARGETED LAKE NASWORTHY SUB-DISTRICT PLAN, FOR INCLUSION WITHIN THE SAN ANGELO COMPREHENSIVE PLAN Planning Manager AJ Fawver presented background information. General discussion was held on the consultant process and related costs. Motion, to authorize, as presented, was made by Councilmember Alexander and seconded by Councilmember Farmer.

Public comment was made by Citizen Jim Turner.

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

RECESS

At 12:16 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:30 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to the Texas Open Meetings Act; Section 551.074 to discuss the appointment, employment, and duties of the City Manager; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

OPEN SESSION (continued)

At 1:28 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:28 P.M., Mayor New called a recess.

RECONVENE

At 1:35 P.M., Council reconvened, and the following business was transacted:

ADOPTION OF A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE SAN ANGELO MUSEUM OF FINE ARTS (SAMFA), THE CITY OF SAN ANGELO, THE EARNEST & DORTHY BARROW FOUNDATION, AND THE SAN ANGELO HEALTH FOUNDATION (SAHF) RELATING TO SHARING FUNDING OF A CONTRACT BETWEEN THE SAMFA AND WOLF CONSULTING FOR CONSULTING SERVICES AND PREPARATION OF A STUDY FOR THE ASSESSMENT OF CURRENT RESOURCES AND FUTURE RECOMMENDATIONS FOR FACILITIES AND ENHANCEMENTS IN THE CULTURAL DISTRICT (ANNEX L, PAGE 361, RESOLUTION #2012-02-030R)

Fort Concho Museum Manager Robert Bluthardt and San Angelo Museum of Fine Arts Director Howard Taylor presented background information. General discussion was held on the scope of the project and the expected return from the study, and the comparison and consulting process similar to the 1992 Regional/Urban Design Assistance Team (R/UDAT) report. Motion, to adopt the Resolution authorizing the Memorandum of Understanding and authorizing the expenditure up to $10,000.00, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.

Minutes Vol. 103 February 21, 2012 APPROVAL OF THE ECONOMIC DEVELOPMENT STRATEGIC PLAN COMPILED BY ANGELOU ECONOMICS AS RECOMMENDED FOR ADOPTION BY THE COSADC BOARD Community and Economic Development Director Shawn Lewis, Economic Development Coordinator Donna Osborne, Founder and Principal Executive Officer Angelos Angelou, and Project Manager John Karras presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on utilizing the study as a guiding document. Motion, to approve the recommendation, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously. APPROVAL OF A PROCESS TO ACCEPT PROPOSALS AND INTERVIEW EXECUTIVE SEARCH FIRMS FOR THE RECRUITMENT OF THE CITY MANAGER POSITION, DIRECTION TO STAFF TO SEEK 8 TO 10 EXECUTIVE SEARCH FIRMS, AUTHORIZATION TO CREATE A TEMPORARY COMMITTEE CONSISTING OF COUNCIL MEMBERS ALEXANDER, HIRSCHFELD, FARMER (WITH COUNCILMEMBER SILVAS AS AN ALTERNATE), AND THE HUMAN RESOURCES DIRECTOR TO REVIEW SAID FIRMS AND MAKE THEIR RECOMMENDATION, AND TO COMMENCE THE PROCESS IMMEDIATELY Human Resources Director Lisa Marley presented background information. General discussion was held on hiring a firm, recommendations by City Council, aware of prior firms used in order to receive quality applicants, ability of the firm to achieve the vision statement of the city, suggestion to place the issue on hold until after the May 2012 election, establishing a temporary committee to consider and recommend the selections by the firm, and the ability of the firm to undergo the process of building community profiles. Councilmember Alexander, Hirschfeld, and Farmer volunteered to serve on the committee with Councilmember Silvas as an alternate. Motion, to direct staff to seek 8 to 10 search firms, create a temporary committee consisting of Councilmembers Alexander, Hirschfeld, Farmer (with Councilmember Silvas As An Alternate) and the Human Resources Director, make their recommendation, and commence process immediately, was made by Mayor New and seconded by Councilmember Farmer. Motion carried unanimously. TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR NEW PROJECTS AND INCOMPLETE PROJECTS AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS AND INCOMPLETE PROJECTS Due to time constraints, Mayor New suggested tabling this item to the next meeting. Council concurred. Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously. TABLING OF MATTERS RELATED TO THE EMPLOYEE POLICY MANUAL AND ANY ACTION IN CONNECTION THERETO

• DISCUSSION OF AND CONSIDERATION OF APPROVING THE NEW POLICIES HAVING OR EXPECTING TO HAVE AN INCREASED FINANCIAL IMPACT ON THE CITY: DRUG TESTING, HIRING RATES OF PAY, CALLBACK HOURS, DISASTER PREPAREDNESS, SICK LEAVE INCENTIVE, FUNERAL LEAVE, AND SEVERANCE PAY

• UPDATE ON NEWLY ESTABLISHED POLICIES APPROVED BY THE CITY MANAGER Due to time constraints, Mayor New suggested tabling this item to the next meeting. Council concurred. Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Minutes Page 297 February 21, 2012 Vol. 103 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:

Animal Shelter Advisory Board: Lacy Morton (SMD3) to a 1st full term January 2014 Planning Commission: Jennifer Boggs (SMD4) to a 1st full term January 2015

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

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed March 6, 2012 Agenda and solicited Council comments and suggestions.

Councilmember Hirschfeld – Master Development Search update and water bill formatting update

Councilmember Farmer – S Curve and land south – acquisition of easement; include original commitment to the project; exceeded and not exceeded; and financial to fix it – to be considered within the next 2-3 months

Councilmember Alexander – south pool and moving or transferring the water

ADJOURNMENT

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

The meeting adjourned at 2:54 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-L In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

Minutes Vol. 103 February 21, 2012

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo Date: February 15, 2012

To: Mayor and Councilmembers

From: Ricky Dickson, Director of Operations

Subject: Agenda Item for March 6, 2012 Council Meeting

Contact: Ricky Dickson, Operations, (325) 657-4206

Caption: Consent Item

Consideration of awarding bid “SB-01-12” “Cold Applied Crack Sealant” to EZ Seal, LLC

Summary: Bid SB-01-12 is for cold applied crack sealing materials used each year by the Street and Bridge Division for crack sealing operations on City streets. Bids were mailed to Cravco Texas Inc., Deery American Corporation and EZ Seal. EZ Seal was the only bidder on the material. History: This is an annual bid process for crack sealing materials.

Financial Impact: The annual General Fund purchase of these materials will be on an as needed basis but will not exceed $111,899.20 without further Council approval. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends awarding the bid to EZ Seal, LLC. Attachments: SB-01-12 Bid Tab Presentation: None Reviewed by Service Area Director: Ricky Dickson, Operations, February 15, 2012

City of San

Angelo


To: Mayor and Council Members

From: Will Wilde, Water Utilities Director

Subject: Consent Item March 6, 2012 Council Meeting

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

Caption: Consideration of approving a residential lease renewal with Lemire Gilbert at Lot 22, Group 9, 1926 South Concho; and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2019 and they would like to execute a new 40 year lease for financing purposes. History: Lease fees are current and there are no issues with the lease on this tract. Financial Impact: Current lease fees: 2012-2014 $760 New lease fees: 2012-2014 $866 2015-2018 $912 2019-2052 Market Value Related Vision Item: None. Other Information/Recommendation: It is recommended that the lease renewal be approved and the Water Utilities Director be authorized to execute the lease. Attachments: Residential Lease (Gilbert) Presentation: None. Publication: None. Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director, February 22, 2012.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751, San Angelo, Tom Green County, Texas 76902, and Lemire Gilbert whose address is 4515 South Jackson, San Angelo, Texas 76903 ("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 22, Group 9, 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 1926 South Concho).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

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

TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1st during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2012 Through 2014 $866.00 For the Years 2015 Through 2018 $912.00 For the Years 2019 Through 2052 * Market Value

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

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

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.

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

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

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

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

V. USE OF LEASED PREMISES

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

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

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

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

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

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any

property line. All wastewater facilities shall conform to all of the City's wastewater ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

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

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

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

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

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

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

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

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,

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

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

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

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

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

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

VIII. REPAIRS AND MAINTENANCE

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

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of

the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

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

XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the

County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.

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

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

OTHER REMEDIES

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

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

HEADINGS

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

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

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE

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

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

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

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

LESSEE: Lemire Gilbert 4515 South Jackson San Angelo, Texas 76903 LESSOR: City of San Angelo

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

EXECUTED in duplicate originals on the _____day of _____________________,

2012 by: LESSEE

Lemire Gilbert

STATE OF TEXAS § COUNTY OF TOM GREEN §

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

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY: W. H. WILDE, Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____ day of

________________, 2012, by W. H. Wilde, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo






Caption: Consent Agenda Item

Consideration of appointment of City representatives to the Concho Watermaster Advisory Committee

Summary: The City has six representatives on the Concho Watermaster Advisory Committee. The terms of the following representatives are up for reappointment: Alvin New, Mayor Paul Alexander, SMD 1 Tom Massey, Attorney at Law Stephen Brown, UCRA Consultant Will Wilde, Water Utilities Director Michael Dane, Interim City Manager History: The Advisory Committee was established with the legislation creating the Concho Watermaster program. The committee provides recommendations to the watermaster regarding activities in the administration of the program and advises the watermaster on complaints; and reviews and makes recommendations on the annual budget. The committee is composed of 13 members; six from the City; one from each stream segment in the Concho River Basin – South Concho River, Dove Creek, Spring Creek, Middle Concho, North Concho, and the main stem of the Concho River; and one representative from the City of Paint Rock.

Financial Impact: None. Related Vision Item (if applicable): None. Other Information/Recommendation: All current representatives have expressed an interest in continuing serving. It is recommended the members be reappointed. Attachments: None. Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 23, 2012.

City of San Angelo






Caption: Consent Agenda Item

Consideration of approving a change order in the amount of $405,339.00 to WU-7-10 Rio Concho Drive Sewer Trunk Contract with Holloman Corporation for extra work required due to differing subsurface conditions encountered in Concho Dr. and Oakes St. and authorizing the City Manager or his designee to execute the change order.

Summary: Holloman Corporation encountered differing and unforeseen subsurface conditions in Concho Ave. and Oakes Street during the excavation operation of the Rio Concho Drive Sewer Trunk project. Exceedingly hard rock was encountered within 3 feet of the ground surface and had to be excavated to depths of 18 feet and width of 6 feet. A change order of $405,339.00 has been negotiated to cover additional labor and equipment costs for 75 days. The increase to the original contact is 10.2%, 25% is allowed by State law. History: Holloman Corporation was contracted by the City on August 17, 2010 to construct the Rio Concho Drive Sewer Trunk for $3,965,000.00. Differing subsurface conditions were encountered on Concho Street and Oakes Street beginning in August, 2011 and into December, 2011.

Financial Impact: The change order would be funded in the Wastewater Capital Improvements Program. Related Vision Item (if applicable): CIP – Wastewater System Improvements – Replacement / Upgrade of failing sewer collection systems. Other Information/Recommendation: Subsurface conditions encountered created 75 days of additional labor and equipment demands. The change order reflects direct cost for that ‘extra work’. It is recommended the City Manager or his designee be authorized to execute the change order with Holloman Corporation. Attachments: Change Order. Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, February 27, 2012.

City of San Angelo



From: Bob Schneeman, Development Coordinator

Subject: Agenda Item for 03-06-12 Council Meeting

Contact: Bob Schneeman, Shawn Lewis, 657-4210

Caption: Consent

Consideration and possible action regarding a recommendation by the TIRZ Board to approve a revision to the North Angelo Redevelopment Incentives Program policy guidelines to alter the asbestos abatement incentive to 50% matching funds incentive with the maximum TIRZ expenditure to be $15,000.00

Summary:

The current policy provides for an incentive based on square feet, linear feet or other means of measuring the amount of asbestos to be removed up to a maximum expenditure by TIRZ of $10,000. Staff recommended and the TIRZ Board approved a revision to the policy to align it more closely with the incentive offered in the downtown area.

History: At its regular meeting of July 21, 2010 the TIRZ Board approved adding among others, an incentive for asbestos abatement. Subsequent to that Council approved the policy at its meeting of August 17, 2010. The current policy is as follows: 5.) Asbestos Abatement Incentive Program: A portion of the costs of abating

asbestos will be rebated as a cash grant from the North TIRZ fund using the following calculations:

• Floor tile—$1.50 per square foot of affected area • Walls or ceiling tile—$2.50 per square foot of affected area • Wiring or duct work—$2.50 per linear foot of wiring or duct work • Other—1/2 the per square foot estimate provided

Abatement costs will be calculated using the dollar amounts above in conjunction with the Asbestos Evaluation Report provided to the City, and shall not exceed $10,000 per building. This incentive is subject to funding availability in the North TIRZ account.

At the time of approval, the terminology was similar to the incentive offered in the Downtown TIRZ. Subsequent to the approval of this incentive, the downtown incentive was revised to a 50% match up to a maximum TIRZ expenditure of $15,000. Staff recommended that the North Angelo incentive be revised to a 50% matching grant up to a maximum of $10,000 and the TIRZ Board approved the revision but instructed staff to raise the maximum grant amount to $15,000 to match that of the South (downtown) TIRZ. The South TIRZ incentives were approved by Council on June 7, 2011.

Financial Impact: Increase of up to $5,000 maximum grant amount.

Related Vision Item

(if applicable):

N/A

Other Information/ Recommendation:

Staff recommends approval.

Attachments: North Angelo Incentives policy TIRZ Board draft minutes February 15, 2012; Council Minutes excerpts 08-17-2010 and 06-07-2011

Presentation: None

Publication: N/A

Reviewed by Director:

Shawn Lewis 657-4210

Approved by Legal: N/A

NORTH ANGELO REDEVELOPMENT INCENTIVES

To encourage revitalization of the North TIRZ area, the City of San Angelo offers the following incentives for development in the North Angelo area within the North TIRZ Boundary. Additional incentives may be available. Contact the Development Services Department for more information. The incentives are part of an overall strategy to leverage investment, lower the cost of doing business and incentivize property owners choosing to improve commercial / retail properties in the target area. Incentives will be available to any existing or new building that houses one or a combination of uses typically allowed in General Commercial zoning. These include the following:

Retail sales

Restaurants

Colleges and schools

Day care for children or adults

Bed & breakfast

Business, professional, medical or financial offices

Vehicle service performed while the customer waits

Vehicle wash

Small animal veterinary clinic

Personal service-oriented business

Entertainment-oriented business

Repair-oriented business for household goods

Specifically excluded from this incentive policy are churches and non-profit organizations or other tax exempt properties. Façade grants are granted to any business regardless of use. Any business which applies for incentives through this policy and is currently zoned CG/CH must rezone their property in compliance with CG/CH Rezoning Plan or any other zoning classification approved by the City of San Angelo Planning Division. Proposals for CG/CH zoning were banned by the San Angelo Planning Commission and City Council in 1972 due to the harmful effects created such as unlimited outside storage and a range of incompatible allowed uses. Fees for this rezone will be waived. Unless specifically exempted, all projects seeking incentives must meet current building standards, codes and permitting requirements as well as be current on all taxing obligations. All incentives are subject to funding availability, final approval by the City of San Angelo and, depending on the project, may be more than provided for herein. 1) North Angelo Façade Grant Program: Designed to help property owners and/or tenants in the North

Angelo Revitalization Grant area improve the aesthetic appearance of their properties, the program is a 50%/50% (property owner/City) matching grant based on an assigned value of $18 per square foot of street-facing façade area per building up to a limit of $7,500. In addition, the City will provide a grant of up to $2,000.00 at a rate of $15.00 per linear foot for screening of outside storage areas either facing a public street or abutting a residential property. The City will also provide a grant of up to $500.00 per business for new signs. Please refer to the North Angelo Revitalization Grant Guidelines for complete details of this program.

The program provides reimbursable grants for approved improvements that restore, rehabilitate, enhance or beautify a structure. Limited program funds are approved on a first-come, first-served basis.

2) Development Fee Reduction Program: Several development fees for projects located within the

North TIRZ district will be paid in part by the North TIRZ. Through September 30, 2014, the following fees will be reduced for applicants by 80% for the following development applications:

Preliminary Plat, Final Plat, Amended Plat and Replat

Abandonment of public right of way or easements

Dedication of a public right-of-way or easement

Special Use, Conditional Use or Zone Change Request

Building Permit fees up to $5,000

Off street sign demolition permit fees (removal of billboards)

Demolition of any non-historic building or structure

Historic Overlay Zoning application This fee reduction will be granted at the time of permitting. The Permits and/or Planning Divisions will bill the TIRZ for an amount equivalent to the development fee discount given to the applicant. Applicants must have a signed incentive agreement before fee reductions are granted.

5.) Life-Safety Incentive Programs

Water Tap Refund Program: The City of San Angelo will pay up to 75% of costs associated with installation of a new water service tap onto a public water main if the proposed tap is for the purpose of installing a required fire sprinkler system. The maximum incentive is $5,000. . The Water Utilities Department will bill the TIRZ for an amount equivalent to the development fee discount given to the applicant. Secondary Egress Grant Program: The City of San Angelo will provide a cash grant from the North TIRZ fund toward the installation of additional exits if required by Fire or Building Codes. Amounts are based on the following:

50% of costs associated with creating additional fire exits

Maximum of $5,000 per business. Additional funding may be available at the discretion of the TIRZ Board for multi story buildings. This incentive is subject to funding availability in the North TIRZ account.

6.) Asbestos Abatement Incentive Program: A portion of the costs of abating asbestos will be rebated

as a cash grant from the North TIRZ fund using the following guidelines:

The City pays no more than 50% of the total cost of the abatement

The City pays no more than $15,000 per project with the ability for applicants to request more from the TIRZ Board on a case-by-case basis

. This incentive is subject to funding availability in the North TIRZ account.

7.) Landscape Incentive Program: The City will pay 50% of the cost of approved landscaping projects which are visible from the public right of way. The City will pay 65% of the cost of landscaping project which are in or adjoining the public right of way. The City’s total contribution to landscaping projects shall not exceed $2,000.00 per business subject to availability of funds in the North TIRZ account.

8.) Paving Incentive Program: The City will pay up to 50% of costs associated with approved paving projects including, but not limited to, parking lots, driveways, sidewalks and curbing. The City’s total contribution to paving projects shall not exceed $7,500 per business subject to availability of funds in the North TIRZ account. All paving projects shall be accompanied by landscaping in public rights of way or other areas as approved by City staff. The TIRZ will pay 75% of landscaping costs, up to $2,000, for required landscaping.

9.) Demolition and Rainwater Collection: The TIRZ Board may also consider providing additional incentives for projects involving either the demolition of existing dangerous or dilapidated buildings or the installation of rainwater collection systems. These items will be considered on a case by case basis.

OTHER INCENTIVES AVAILABLE San Angelo Development Corporation (SADC) Incentives: SADC was created by San Angelo voters who approved an additional ½ cent local sales tax to (1) facilitate the development of new businesses and expansion of existing businesses which create primary jobs, (2) provide for infrastructure necessary to promote or develop new or expanded business enterprises, (3) develop the San Angelo Business & Industrial Center and (4) develop, implement, provide, and finance certain voter approved community projects

Financial assistance may be provided through the following:

Grants

Loan participation(s) with local financial institutions This incentive policy does not preclude or serve as a guide for any incentives that may be granted by the City of San Angelo Development Corporation (COSADC). Grow San Angelo Fund: This fund is a partnership between the San Angelo Development Corporation and the Grow America Fund, Inc. (GAF). The Grow San Angelo Fund is an SBA 7(a) guaranty program administered by the National Development Council (NDC). NDC is one of the nation’s oldest not-for-profit corporations specializing in community, economic and public facility development. The Grow San Angelo fund is designed to help small businesses within the City of San Angelo obtain the financing required to grow their business. GSA will look to finance healthy, successful small businesses that need expansion capital. For complete information about SADC incentive programs, see Appendix A & B.

CODE BENEFITS FOR OLDER BUILDINGS International Existing Building Code: The City of San Angelo has adopted the International Existing Building Code, a developer-friendly code that allows for improvements that consider the design limitations of older buildings to encourage adaptive reuse by allowing different levels of modification to existing structures. Contact Development Services at (325) 657- 4210 for further information on any of the above items.

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MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT

ZONE MEETING HELD ON WEDNESDAY, FEBRUARY 15, 2012 AT 12:00 PM,

MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE.

PRESENT: Rob Villegas, Mike Campbell, David Mazur, Lee Pfluger, William Dendle, Bob Pfluger, Roger Allen, John Calvert

ABSENT: Rebekah Brackin (AE), Craig Kinney(AE), Nelly Perez(AE),

STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

II. Public comment.

The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the January 18, 2012 meeting.

Motion, to accept minutes as presented, was made by Bob Pfluger and William Dendle. Motion passed unanimously, 7-0.

IV. Review and consideration of the current financial report(s).

Bob Schneeman, Development Coordinator, came forward to present this item. He reviewed the ending balances for this reporting window, for both the North and South TIRZ zones.

There were no questions or public comment on this item.

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V. Consideration and possible action regarding a revision to the North Angelo Redevelopment Incentives Program policy guidelines to alter the asbestos abatement incentive to 50% matching funds incentive with the maximum TIRZ expenditure to be $10,000.00.

Bob Schneeman also presented this item. He explained that a minor change is being proposed for the asbestos abatement incentive to make the criteria match the criteria for the downtown area. The linear formula originally used had been changed to a percentage for the downtown area, and staff is suggesting this change also be made for the North Angelo Redevelopment Incentives Program area to maintain consistency.

John Calvert joined the meeting at 12:05 pm.

Shawn Lewis, Director of Community and Economic Development, made additional comments in support of this change.

The Chairman stated he found $10,000 to be too low of a dollar amount for this type of incentive. This type of incentive should be applied very liberally in the North area of the TIRZ. Bob Schneeman explained that this contingency was built into the guidelines currently, allowing a higher amount to be requested on a case-by-case basis. The Chairman went on to say that he noticed $15,000 is the cap in the downtown area. He feels $20,000 would be a more appropriate figure, but that there should be an equal cap in both the South and North districts.

Roger Allen asked if this contingency (considering a case-by-case basis) was built into the South or Downtown area guidelines.

William Dendle suggested consistency as well.

Motion, to alter the asbestos abatement incentive to 50% matching funds with the addition of an increase to $15,000 for the maximum expenditure, was made by William Dendle and seconded by David Mazur. This motion passed unanimously, 8-0.

VI. Consideration of approving expenditure of up to $10,000 for consultant services for updating the Letter of No Prejudice (LONP) in order to capture value associated with the Downtown Pedestrian Improvement Plan to be used in the future for cash match for future federal and state grants.

Shawn Lewis came forward to present this item. He began by reiterating that a potential $2 million dollars would be obtained for the streetscaping project. There are a number of planned projects along the Chadbourne corridor, with hopes for future projects in other areas. Staff wants to make sure that the appropriate documentation is completed in order to capture the value of the current projects to use as a local match for future projects. The government allows this to occur through the LONP, with certain restrictions, such as proximity to transit stops. In some cases, this would even allow a cash reimbursement to the TIRZ fund. Lee Pfluger, Genora Young from Downtown San Angelo, and staff members attended

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a recent meeting with the Goodman Corporation, who is retained by the Council of Governments (COG) in order to compose this LONP.

The Chairman explained that the TIRZ board is being asked to contribute $10,000 of the $50,000 it will take to obtain this LONP and have it submitted. He added that there wouldn’t be more money in the South zone for some time, but that this could be used in conjunction with the projects in the North.

Mr. Lewis showed a map illustrating the 2009, 2010, and 2011 New Freedom Grant-funded projects, in addition to the bounds of the 2007 and 2010 LONP. When the most recent LONP was completed, some of the corridor for North/South Chadbourne Street was left out of the LONP area. By completing this now, these areas can now be included into the total area. This action can assist not only with new streetscape projects, but also with bus stops and the like for CVTD. The $10,000 is proposed to be split proportionally between the North and South areas.

Roger Allen asked if the LONP has an expiration date; Mr. Lewis explained that the LONP would be in effect for a five-year period.

Rod Villegas asked if all future projects would be captured as part of this LONP. Mr. Lewis responded by saying that anything related to the transit system; for example, anything that makes use of the transit more appealing or enhances pedestrian activity would be applicable. The City Engineer is currently preparing an exhaustive list of City projects that also lend itself to this end.

Motion, to approve as presented with a proportionate amount split between the North and South, was made by Lee Pfluger and seconded by Mike Campbell. The motion passed unanimously, 8-0.

VII. Consideration and possible action regarding matters related to the New Freedom 2012 Grant application for pedestrian improvements along North Chadbourne in the amount of $235,000, including consideration of approving the expenditure of $57,869 in matching funds from North TIRZ.

The Chairman started by discussing the discount through which the Goodman Corporation has been used by TIRZ as a result of the COG largely being responsible for their reimbursement. Mr. Lewis explained that a grant total of $235,000, with a grant match required of $57,869. If the next grant is obtained, an area from 3

rd Street to 20

th Street could be completed. William Dendle asked

about the past prioritization of the intersections; Mr. Lewis explained that the grant funding, as staff has learned from going through this process before, only covers the base models for items, during which TIRZ dollars can enhance those basic models of improvements. Mr. Lewis went on to add that the pricing from 14

th

Street improvements will likely be more than the pricing for this project, as lessons learned regarding existing infrastructure and the preservation of it will help to lower the cost.

William Dendle also mentioned some of the features of the design at 19th

Street, noting that not all partners in the preservation and upkeep of the grass in that

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location appeared to be participating. Mr. Lewis talked about the possibility of using artificial turf or an alternate material instead of the grass. He also pointed out some of the brick motif, planter spacing, and some of the other features that would be carried through to this project.

Bob Pfluger clarified that the $235,000 grant amount would not necessarily cover the entire project; the TIRZ will likely need to contribute additional funding to complete it. Mr. Lewis talked about the economies of scale that doing a larger project could help with costs.

Jerry Sea, with WTOS, came forward to speak on this item. He was interested in knowing how the parking will be handled. Shawn Lewis responded that the current parking will likely not be changed; along much of Chadbourne, there is parallel parking. There are no plans for drastic changes that would negatively impact the businesses in this area.

Motion, to approve as presented, was made by Mike Campbell and seconded by Roger Allen. The motion passed unanimously, 8-0.

VIII. Status report and overview regarding façade grants and other incentive projects in the north and south TIRZ.

The Chairman noted prior to the presentation that a comment had been made earlier regarding the 18

th – 20

th Street intersection project. Two of the signs were

lost and so the sign maker has taken them all down to install new stainless steel grommets that will be stronger and work better for the signage. Mr. Lewis also mentioned that an “Addy” award was received for the design of these signs by Sharon Flippin, who designed them.

Bob Schneeman addressed this item. He distributed two copies of the grant tracker sheets for the former NARG program as well as the current NARI and Downtown Incentives programs. Copies of these documents are included with the minute record. Mr. Schneeman reviewed the totals from these documents. He explained the various stages of the process. Bob Pfluger asked what lessons were being learned from these incentive projects. Mr. Schneeman replied that there are obvious cues about what is popular; for example, asbestos funds tend to garner enthusiastic responses.

Shawn Lewis mentioned that federal funding had been used as much as possible for façade renovations; however, now this funding source is not available and willing to fund this project over other projects.

IX. Announcements and consideration of future agenda items.

A. Announcements.

1. Update TIRZ Project Plan status

B. Future Agenda Items.

Bob Pfluger asked about the underside of the bridge at Houston Harte at

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Chadbourne Street and asked if the New Freedom Grant funding could be used for beautification of this area. Mr. Lewis responded that those grant dollars could not be used this way. He went on to add that perhaps there would be funding that the transit district could put towards that possibility. The board asked Mr. Lewis to pursue this request.

William Dendle asked for an update for a city reaction to the update on the streetscape project. The City Council has ratified two things at the last meeting: one was the project plan amendment that the TIRZ board had forwarded for their approval, and the second was the Downtown Pedestrian Improvement Plan. Mr. Lewis explained that both Councilman Morrison and the Mayor voted against the Plan and gave some comments as to the discussion that occurred during that meeting. They changed the provision for landscaping to water conserving landscaping, and they removed the provision for economic development. The Mayor also asked for a change from “primarily” to “exclusively” capital projects.

X. Adjournment.

Motion, to adjourn, was made by Roger Allen and seconded by Johnny Calvert. The meeting was adjourned at 12:53 pm.

_________________________________________ Lee Pfluger, TIRZ Chairman

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City of San Angelo


To: Mayor and Council

From: Bob Schneeman, Development Coordinator

Subject:

Caption

03-06-12 meeting / consent agenda

Consideration and possible action regarding a TIRZ Board recommendation to expend up to $10,000 for consultant services for updating the Letter of No Prejudice (LONP) in order to capture value associated with the Downtown Pedestrian Improvement Plan to be used in the future for cash match for future federal and state grants

Contacts: Bob Schneeman, Shawn Lewis, 657-4210

Overview:

Background & Analysis

Financial Impact

Staff Recommendation

The upcoming Downtown Pedestrian Improvement Plan will potentially expend approximately $2 million in local funds from TIRZ and other sources. This expenditure can be used as local match for future grants if the project appears in an approved Letter of No Prejudice which is on file with the federal government. The Goodman Corporation, with City staff, intends to incorporate this plan into the City’s existing Letter of No Prejudice (LONP) in order to leverage more federal transportation funds in the future. In working to identify funding sources to help improve pedestrian connectivity on North Chadbourne, the City has contracted with the Concho Valley Transit District (CVTD) to utilize The Goodman Corporation’s assistance in obtaining federal funds. The Goodman Corporation has provided the research and prepared the documentation for the City and CVTD to request a revision to the 2007 Federal Transit Authority (FTA) Letter of No Prejudice (LONP). This document will help to protect future expenditures of eligible pedestrian- and transit- capital items along the North Chadbourne Corridor and within 500 feet the existing and proposed transit stops.

Under the New Freedom grant guidelines, eligible capital improvements include sidewalks, curbs/gutters, Americans with Disabilities Act (ADA) ramps, landscaping, benches, waste cans, pedestrian level lighting, and transit shelters if they occur within 500 feet of a transit stop or 1,500 feet of a transit station. Improvements such as sidewalks, curbs and gutters, ADA ramps, trees, transit benches and shelters, and pedestrian-level lighting are eligible for FTA inclusion within a capital grant if improved pedestrian/transit access can be demonstrated.

The study will inventory and rate pedestrian amenities at their locations along the corridor area. Intended benefits of the implementation of this plan include a reduction in emissions, improved transportation efficiency, increased safety, increased economic activity, and increased transit use. An environmental analysis was also performed along the subject area up to $10,000 payable to the Concho Valley Council of Governments (CVCOG) or The Goodman Corporation for compiling the LONP document and related information. The TIRZ Board approved the expenditure at its February 15, 2012 meeting. Staff recommends approval.

Attachments 2007 FTA Letter of No Prejudice; 2010 FTA Letter of No Prejudice CVTD and 2010 FTA Letter of No Prejudice COSA; Executive Summary from 2007 Pedestrian Transit Access Plan; TIRZ February 15, 2012 Draft Minutes Excerpt

San Angelo Pedestrian/Transit Access Improvement Plan

ES-1

E X E C U T I V E S U M M A RY

The Transportation Department of the Concho Valley Council of Governments (CVCOG) completed the Concho Valley Multimodal Transit Terminal and Administration Building Feasibility Study in November 2005 covering a multimodal transit terminal and administration building for San Angelo and the Concho Valley region. The preferred site of the proposed facility is on downtown San Angelo’s north perimeter, which presents an opportunity to enhance concurrent downtown revitalization efforts. Capital improvements eligible for funding support from the Federal Transit Administration’s (FTA) Livable Communities Initiative (LCI) program include sidewalks, Americans with Disabilities Act (ADA) ramps, and pedestrian-level amenities such as lighting and landscaping. LCI improvements enhance transit access and improve the “livability” of neighborhoods by making the streetscape more inviting to pedestrians. The multimodal transit terminal feasibility study included an LCI master plan that outlined the physical improvements along Chadbourne, Oakes, and 5th streets to support the proposed transit terminal.

While the Concho Valley Multimodal Transit Terminal and Administration Building Feasibility Study addressed the benefits of improving access to the terminal specifically, the scope of the LCI master plan was too narrow. It did not address the broader pedestrian/transit access and routing issues that negatively affected San Angelo’s transit ridership on a citywide scale. This San Angelo Pedestrian/Transit Access Improvement Plan addresses pedestrian/transit access on a citywide basis. Furthermore, it does not conflict with, but rather extends, the program of LCI improvements outlined in the multimodal transit terminal feasibility study.

This San Angelo Pedestrian/Transit Access Improvement Plan outlines pedestrian-level improvements along eight key transit corridors and/or destinations located within San Angelo. The target areas for improvements include: 1) the proposed multimodal transit terminal; 2) San Angelo Coliseum and Fairgrounds; 3) Rio Concho Sports Complex; 4) Concho River from the tourist strip located in downtown; 5) Hemphill-Well Library; 6) Baptist Memorial Center; 7) Angelo State University; and 8) San Angelo YMCA.

Federal guidelines for the LCI program restrict improvements to a 1,500-foot radius of a transit station and a 500-foot radius of any fixed-route transit stop. This study identified key corridors located within the approved distance for each target area. Depending on the target area, recommended improvements include sidewalks, curbs and gutters, pedestrian-level lighting, shelter, benches, waste receptacles, and landscaping and irrigation. The recommended pedestrian/transit improvements will better serve transit-dependent markets by improving access using LCI-allowable items. Furthermore, key destinations such as the Angelo State University, the Rio Concho Sports Complex, and the San Angelo Coliseum and Fairgrounds will become more accessible and transit-friendly.

As shown in Table ES.1 the combined cost of all LCI improvements is $2,103,602. The LCI-related improvements are allowed under the FTA’s funding guidelines for capital improvements and are eligible for 80 percent reimbursement – or $1,682,882. The related local share is $420,720.


ES-2

Table ES.1 – Estimated Costs for All LCI-related Improvements San Angelo Multimodal Transit Terminal and Administration Building $678,782 San Angelo Fairgrounds and Coliseum – Shuttle Stop Improvements $169,119 San Angelo Fairgrounds and Coliseum – Residential Improvements $132,452 Rio Concho Sports Complex $67,112 Downtown Concho River Access Improvements $445,556 Hemphill-Wells Building Library Renovation $241,995 Angelo State University Shuttle Stop $55,729 Baptist Memorial Retirement Center $225,400 Downtown YMCA $87,458

Total $2,103,602

Study Goals and Objectives

This San Angelo Pedestrian/Transit Access Improvement Plan is organized to address the four major issues related to the level of urban transit service provided:

� How does the urban transit service in San Angelo compare to its peers?

� Where is potential transit market located?

� How well are fixed routes associated with potential transit markets and major origins and destinations?

� What is the existing level of transit amenities and what are the recommended improvements?

Findings Summary

As of September 2006, the management of transit services for the City of San Angelo was transferred from the city transit department (operating under the name of San Angelo Street Railroad Company or SASRC) to the newly formed Concho Valley Transit District (CVTD). The CVTD combines the rural operations for the surrounding 12 counties with the urban operations into a single organization. This management change took place during the course of this study. However, the CVTD manages the urban transit service in an identical operating environment as the SASRC. Therefore the conclusions presented in this report, concerning the urban transit service, are equally applicable to the CVTD as to the SASRC.

The purpose of this San Angelo Pedestrian/Transit Access Improvement Plan is to improve the service effectiveness of the urban transit service. When considering other measures of service effectiveness, fewer trips per day, revenue miles per bus and revenue miles per capita are delivered compared to peer systems. Poor routing along some lines, hour-long headways, the lack of easily accessible transit stops, and poor transit amenities may negatively influence the urban system’s performance.

In general, routes are well aligned with major traffic generators. Routes 2 and 4 perform poorly compared to the others and re-routing recommendations are presented. Since a boarding and


ES-3

alighting study has not been completed, a more refined measure of how well routes are aligned with current passengers’ points of origin is difficult. However, a Transit Availability analysis highlighted the fact that San Angelo, in general, has poor coverage.

Beyond poor coverage, another barrier to increased ridership is the lack of close, accessible transit stops. One recommendation is to improve the access and appeal of transit stops throughout the urban system, especially at stops that have a potential for high usage. As discussed above, this San Angelo Pedestrian/Transit Access Improvement Plan targets eight areas for pedestrian-level improvements. These areas were chosen based on their proximity to markets with high transit potential or popular destinations.

Report Organization

The scope of work included the following objectives for each study component.

Transit Market

� Chapter 2 – Measures urban system performance against peer systems to determine effectiveness and efficiency of service.

� Chapter 3 – Compiles and analyzes socioeconomic data affecting transit ridership.

� Chapter 4 – Evaluates present route structure relative to the socioeconomic data.

Fixed-Route Service

� Chapter 4 – Locates transit demand points and areas.

� Chapter 4 – Analyzes potential alternative route structures based on socioeconomic data and transit demand points and areas.

Transit Amenities

� Chapter 5 – Documents existing transit amenities; identifies target areas for transit amenity improvements based on ability to generate additional transit use; creates preliminary master plan for each target area to illustrate type and placement of recommended improvements; and provides preliminary budget identifying cost and projected federal/local share.

� Chapter 6 – Analyzes the benefits and returns generated from the proposed investment.

An Environmental Analysis for the recommended improvements has been prepared under separate cover.

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MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT

ZONE MEETING HELD ON WEDNESDAY, FEBRUARY 15, 2012 AT 12:00 PM,

MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE.

PRESENT: Rob Villegas, Mike Campbell, David Mazur, Lee Pfluger, William Dendle, Bob Pfluger, Roger Allen, John Calvert

ABSENT: Rebekah Brackin (AE), Craig Kinney (AE), Nelly Perez(AE),

STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

II. Public comment.

The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the January 18, 2012 meeting.

Motion, to accept minutes as presented, was made by Bob Pfluger and William Dendle. Motion passed unanimously, 7-0.

IV. Review and consideration of the current financial report(s).

Bob Schneeman, Development Coordinator, came forward to present this item. He reviewed the ending balances for this reporting window, for both the North and South TIRZ zones.

There were no questions or public comment on this item.

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V. Consideration and possible action regarding a revision to the North Angelo Redevelopment Incentives Program policy guidelines to alter the asbestos abatement incentive to 50% matching funds incentive with the maximum TIRZ expenditure to be $10,000.00.

Bob Schneeman also presented this item. He explained that a minor change is being proposed for the asbestos abatement incentive to make the criteria match the criteria for the downtown area. The linear formula originally used had been changed to a percentage for the downtown area, and staff is suggesting this change also be made for the North Angelo Redevelopment Incentives Program area to maintain consistency.

John Calvert joined the meeting at 12:05 pm.

Shawn Lewis, Director of Community and Economic Development, made additional comments in support of this change.

The Chairman stated he found $10,000 to be too low of a dollar amount for this type of incentive. This type of incentive should be applied very liberally in the North area of the TIRZ. Bob Schneeman explained that this contingency was built into the guidelines currently, allowing a higher amount to be requested on a case-by-case basis. The Chairman went on to say that he noticed $15,000 is the cap in the downtown area. He feels $20,000 would be a more appropriate figure, but that there should be an equal cap in both the South and North districts.

Roger Allen asked if this contingency (considering a case-by-case basis) was built into the South or Downtown area guidelines.

William Dendle suggested consistency as well.

Motion, to alter the asbestos abatement incentive to 50% matching funds with the addition of an increase to $15,000 for the maximum expenditure, was made by William Dendle and seconded by David Mazur. This motion passed unanimously, 8-0.

VI. Consideration of approving expenditure of up to $10,000 for consultant services for updating the Letter of No Prejudice (LONP) in order to capture value associated with the Downtown Pedestrian Improvement Plan to be used in the future for cash match for future federal and state grants.

Shawn Lewis came forward to present this item. He began by reiterating that a potential $2 million dollars would be obtained for the streetscaping project. There are a number of planned projects along the Chadbourne corridor, with hopes for future projects in other areas. Staff wants to make sure that the appropriate documentation is completed in order to capture the value of the current projects to use as a local match for future projects. The government allows this to occur through the LONP, with certain restrictions, such as proximity to transit stops. In some cases, this would even allow a cash reimbursement to the TIRZ fund. Lee Pfluger, Genora Young from Downtown San Angelo, and staff members attended

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a recent meeting with the Goodman Corporation, who is retained by the Council of Governments (COG) in order to compose this LONP.

The Chairman explained that the TIRZ board is being asked to contribute $10,000 of the $50,000 it will take to obtain this LONP and have it submitted. He added that there wouldn’t be more money in the South zone for some time, but that this could be used in conjunction with the projects in the North.

Mr. Lewis showed a map illustrating the 2009, 2010, and 2011 New Freedom Grant-funded projects, in addition to the bounds of the 2007 and 2010 LONP. When the most recent LONP was completed, some of the corridor for North/South Chadbourne Street was left out of the LONP area. By completing this now, these areas can now be included into the total area. This action can assist not only with new streetscape projects, but also with bus stops and the like for CVTD. The $10,000 is proposed to be split proportionally between the North and South areas.

Roger Allen asked if the LONP has an expiration date; Mr. Lewis explained that the LONP would be in effect for a five-year period.

Rod Villegas asked if all future projects would be captured as part of this LONP. Mr. Lewis responded by saying that anything related to the transit system; for example, anything that makes use of the transit more appealing or enhances pedestrian activity would be applicable. The City Engineer is currently preparing an exhaustive list of City projects that also lend itself to this end.

Motion, to approve as presented with a proportionate amount split between the North and South, was made by Lee Pfluger and seconded by Mike Campbell. The motion passed unanimously, 8-0.

VII. Consideration and possible action regarding matters related to the New Freedom 2012 Grant application for pedestrian improvements along North Chadbourne in the amount of $235,000, including consideration of approving the expenditure of $57,869 in matching funds from North TIRZ.

The Chairman started by discussing the discount through which the Goodman Corporation has been used by TIRZ as a result of the COG largely being responsible for their reimbursement. Mr. Lewis explained that a grant total of $235,000, with a grant match required of $57,869. If the next grant is obtained, an area from 3

rd Street to 20

th Street could be completed. William Dendle asked

about the past prioritization of the intersections; Mr. Lewis explained that the grant funding, as staff has learned from going through this process before, only covers the base models for items, during which TIRZ dollars can enhance those basic models of improvements. Mr. Lewis went on to add that the pricing from 14

th

Street improvements will likely be more than the pricing for this project, as lessons learned regarding existing infrastructure and the preservation of it will help to lower the cost.

William Dendle also mentioned some of the features of the design at 19th

Street, noting that not all partners in the preservation and upkeep of the grass in that

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MEMORANDUM OF UNDERSTANDING BY AND BETWEEN DOWNTOWN SAN ANGELO, INC (DSA) AND THE CITY OF SAN ANGELO, RELATING TO SHARED RESPONSIBILITY FOR FUNDING AND CONSTRUCTING THE DOWNTOWN PEDESTRIAN IMPROVEMENT PLAN

_______________________________________________

WHEREAS, the Downtown Pedestrian Improvement Plan has been created to provide new sidewalks, lighting, handicap ramps, benches, trash receptacles and other transit-rider amenities in order to increase accessibility to disabled pedestrians, increase pedestrian safety, increase transit ridership and improve the economic viability of the downtown area; and,

WHEREAS, the DSA Design Committee and DSA Board of Directors have been continuously involved in the development of the Downtown Pedestrian Improvement Plan (the “Project”) from its inception; and,

WHEREAS, the City Council and the DSA Board of Directors have approved the concept of the Downtown Pedestrian Improvement Plan as a means to increase pedestrian safety and revitalize downtown; and,

WHEREAS, the City of San Angelo and DSA intend to select a qualified contractor to construct the Project; and,

WHEREAS, DSA has applied for grant funding from the San Angelo Health Foundation (SAHF) in order to oversee construction and serve as fiscal agent for a designated section of the Project, hereafter, the “DSA Segment”;

WHEREAS, the City of San Angelo wishes to relinquish fiscal oversight and management of the DSA Segment to Downtown San Angelo, Inc. to facilitate DSA in securing the grant:

NOW, THEREFORE, the Parties mutually enter into the following Memorandum of Understanding (MOU):

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

2. Selection of a Qualified Contractor. Upon receipt of responses from qualified general contractors to a request for bids for construction of the Downtown Pedestrian Improvement Plan, the City and DSA shall jointly agree upon the

selection of a qualified general contractor in accordance with State and local purchasing laws.

3. Execution of Contract. DSA shall be a party and signatory to the construction contract entered into with the selected contractor for construction of the Project.

4. Designation of DSA Segment. DSA shall be designated a segment of the Project over which DSA shall have oversight jurisdiction. The size of the DSA Segment shall be calculated as a portion of the Project equal to the proportion that the funding provided by DSA is to the overall Project costs. The exact location and facilities or improvements to be included in the DSA Segment shall be as mutually agreed upon by the parties.

5. Liability. The City shall assume all liability relative to the construction contract with the exception that DSA shall be solely responsible for payment of charges relating to the DSA Segment under the Project construction contract up to but not exceeding the sum of any grant or grants received by DSA for the Project.

6. Reporting. The City shall provide DSA construction reports on a monthly basis throughout the term of the construction contract.

7. Construction Meetings. DSA shall be notified of all scheduled meetings with the Project general contractor or general contractor’s agents or subcontractors that relate to the DSA Segment of the project. DSA shall designate a representative for DSA to whom such notice shall be given and shall have a right to have its representative at all such meetings.

8. DSA Accounting. DSA shall establish a separate account with a local federally insured bank or savings and loan association to hold funds for the Project received by DSA from the SAHF or other sources. Said funds shall not be comingled with funds designated for any other purpose. DSA shall be responsible to pay all invoices for construction contract charges relating to the designated DSA Segment solely from this account. . DSA shall submit quarterly reports to City listing all deposits to the account, and describing all disbursements made from the account.

9. Limitation of the Obligations of the Parties; Immunity Retained. The provisions

of this MOU are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. The City of San Angelo does not waive its sovereign immunity by entering into this MOU, and fully retains all

immunities and defenses provided by law or otherwise with respect to any action based on or occurring as a result of this MOU.

10. No Joint Venture or Partnership. Any and all joint venture, joint enterprise, or partnership status is hereby expressly denied and the parties expressly state that they have not formed expressly or impliedly a joint venture, joint enterprise, or partnership.

11. Effective Date. This MOU shall become effective as to each party when

approved by that party’s governing body and duly executed. This MOU shall continue in force and remain binding upon the parties for the term of the construction contract to be entered into between the City, DSA and the general contractor awarded the contract for construction of the Project.

12. Survival. The provisions of this MOU which by their nature extend beyond

termination or expiration of this MOU shall survive such termination or expiration.

13. Entirety. This MOU contains all commitments and agreements of the parties with

respect to the subject matter hereof. No prior oral or written commitments of the parties with respect to the subject matter of this MOU shall have any force or effect.

14. Severability. If a provision contained in this MOU is held invalid for any reason,

the invalidity does not affect other provisions of the MOU that can be given effect without the invalid provision, and to this end the provisions of this MOU are severable.

15. Availability of Appropriated Funds. With respect to the City of San Angelo, this

MOU is subject to availability of appropriated funds. If any current or future legal limitations affect the validity or enforceability of a provision of this MOU, then the legal limitations are made a part of this MOU and shall operate to amend this MOU to the minimum extent necessary to bring this MOU into conformity with the requirements of the limitations, and so modified, this MOU shall continue in full force and effect.

16. Amendment. This MOU may be amended only by the mutual written concurrence of the parties hereto.

17. Third Parties. This MOU is intended to inure only to the benefit of the parties

hereto. This MOU is not intended to create, nor shall it be deemed or construed to create, any rights in third parties.

18. Warranty of Signatories. This MOU has been officially authorized by the

governing body of each party hereto and each signatory to this MOU guarantees

and warrants that the signatory has full authority to execute this MOU and to legally bind the respective party to this MOU.

19. Governing Law and Venue. This MOU shall be governed by the laws of the State

of Texas. Venue for an action arising under this MOU shall lie exclusively in Tom Green County, Texas.

20. Headings. The headings at the beginning of the various provisions of this MOU

have been included only for convenience and are not to be construed as substantive.

EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, in multiple counterparts each of which shall be deemed to be an original, on the date specified. DOWNTOWN SAN ANGELO, INC. CITY OF SAN ANGELO By: By: Brenda Gunter Michael Dane ITS: President ITS: Interim City Manager DATE: DATE: ATTEST: Alicia Ramirez, City Clerk

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.

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE INTERIM CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING WITH DOWNTOWN SAN ANGELO, INC. (DSA) RELATING TO SHARED RESPONSIBILITY FOR FUNDING AND CONSTRUCTING OF THE DOWNTOWN PEDESTRIAN IMPROVEMENT PLAN

WHEREAS, the Downtown Pedestrian Improvement Plan has been created to provide new sidewalks, lighting, handicap ramps, benches, trash receptacles and other transit-rider amenities in order to increase accessibility to disabled pedestrians, increase pedestrian safety, increase transit ridership and improve the economic viability of the downtown area; and, WHEREAS, the DSA Design Committee and DSA Board of Directors have been continuously involved in the development of the Downtown Pedestrian Improvement Plan (the “Project”) from its inception; and, WHEREAS, the City Council and the DSA Board of Directors have approved the concept of the Downtown Pedestrian Improvement Plan as a means to increase pedestrian safety and revitalize downtown; and, WHEREAS, the City of San Angelo and DSA intend to select a qualified contractor to construct the Project; and, WHEREAS, DSA has applied for grant funding from the San Angelo Health Foundation (SAHF) in order to oversee construction and serve as fiscal agent for a designated section of the Project, hereafter, the “DSA Segment”; WHEREAS, the City of San Angelo wishes to relinquish fiscal oversight and management of the DSA Segment to Downtown San Angelo, Inc. to facilitate DSA in securing the grant: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The Interim City Manager or his designee is hereby authorized to negotiate and execute a Memorandum of Understanding with Downtown San Angelo, Inc., providing

for shared responsibility for funding and constructing of the Downtown Pedestrian Improvement Plan, and providing for related matters. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Shawn Lewis, Director of Community & Lysia H. Bowling, City Attorney Economic Development

City of San Angelo

Memo Date: March 1, 2012


From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 03-06-12 Council Meeting

Contact: Shawn Lewis, 657-4210

Caption: Consent Item

Consideration of adopting a Resolution authorizing the City Manager to execute the Memorandum of Understanding by and among Downtown San Angelo, Inc. (DSA) and the City of San Angelo, relating to shared responsibility for constructing and funding the Downtown Pedestrian Improvement Plan

Summary:

This agreement is a pre-requisite for our downtown revitalization partner, Downtown San Angelo, Inc., to apply for and receive a grant from the Health Foundation to fund the Downtown Pedestrian Improvement Plan (aka downtown streetscape project). DSA applied for a Health Foundation grant on behalf of the City, but has been informed by the Foundation that pass through grants are not allowed by the IRS. Accordingly, the only way the foundation will fund the grant is if the City agrees to allow DSA to control a segment of the project including reviewing construction plans and serving as the fiscal agent.

History: The TIRZ Board at its regular meeting of January 18, 2012 approved the preliminary plans for the Downtown Pedestrian Improvement Plan and directed staff to present the plans to Council for consideration and possible approval of the overall plan concepts. Staff presented and Council approved the plan at its meeting on February 7, 2012. The plans are based on the streetscape design guidelines for the downtown area prepared by Architect Henry Schmidt, specifically addressing the area from Concho Avenue to Beauregard Avenue. As a result of those design guidelines, with input from the TIRZ Board, Downtown San Angelo, Inc., and City Staff, the City Engineer’s office has prepared a set of preliminary plans. These plans address not only the design guidelines prepared by Mr. Schmidt, but also the requirements included in a New Freedom Grant from TXDOT to address accessibility issues between Concho Avenue and the new multimodal transit facility now under construction at 5th street. The New Freedom Grant was applied for by and awarded to the Concho Valley Transit District.

A twofold approach has been taken in developing the plans and the associated cost estimates. The guidelines prepared by Henry Schmidt include a higher end approach to the streetscape including curb extensions, brick pavers, landscape elements and more upscale lighting. Because the New Freedom Grant funds are only available to fund specific items such as sidewalks, curbs, wheel chair ramps, and basic street lighting, the grant money can only be used to pay for the more basic design elements. Limited funds are available from the South TIRZ fund and since a portion of the project falls within the North TIRZ, some of those funds can also be applied to the project.

The additional cost of the more upscale items will have to be funded from other sources. The cost estimate for the entire project exceeds $2.5 million with all

alternates included.

The subject Memorandum of Understanding is a means to obtain some of those additional funds.

Financial Impact: Dependent upon grant amount

Related Vision Item

(if applicable):

N/A


Staff recommends approval of the Memorandum of Understanding

Attachments: Draft MOU; Council Minutes Excerpt 02-07-12; Cost Estimate and Resolution

Presentation:

Publication:


Community and Economic Development Director Shawn Lewis 3/1/12

Approved by Legal:

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Base Bid Chadbourne from 5th to 3rd (N. TIRZ) 475,990.74$

Base Bid Chadbourne from 3rd to Beauregard (S. TIRZ) 236,620.44$

Base Bid Chadbourne & Concho Intersection 530,186.28$

Alt 1 Chadbourne & Twohig Intersection 489,591.78$

Alt 2 Twohig to Concho Mid-Block East Side North Part 105,174.30$

Alt 3 Twohig to Concho Mid-Block East Side South Part 77,500.50$

Alt 4 Twohig to Concho Mid-Block West Side North Part 115,538.85$

Alt 5 Twohig to Concho Mid-Block West Side South Part 75,852.00$

Alt 6 Chadbourne & Beauregard Intersection (Estimated) 475,000.00$

2,581,454.88$

Downtown Pedestrian Improvement Plan Estimated

Costs

Total Project

City of San Angelo



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


Caption: Regular Item

Employee Policy Manual

a. Discussion of and consideration of approving the new policies having or expecting to have an increased financial impact on the City: drug testing; hiring rates of pay; callback hours; disaster preparedness; sick leave incentive; funeral leave and severance pay.

b. Update on newly established policies approved by City Manager.

_________________________________________________________________________________

Summary: The purpose of this agenda item is to seek approval from the City Council on seven (7) new or revised policies that either have or are expected to have an increased financial impact to the City. History: On April 21, 2009, a resolution was adopted by the City Council which recognizes that the effective, efficient and legal operation of the city government requires the adoption and implementation of policies for the employees of the City. The resolution further states that the efficient administration of the city government is best served by delegating authority to the City Manager to adopt, implement, administer and amend personnel policies for the employees of the City with the exception being that items with a financial impact on the City must be approved by the City Council. Although the 29-page Personnel Policies for Municipal Employees was last revised on March 19, 1998, the original document had not been rewritten in over thirty years. At the direction of the City Manager, an employee committee was formed in 2009 to undertake the task of re-writing/updating the personnel policies. The committee consisted of 14 employees across 14 different departments/divisions. The work of the committee lasted in excess of one year and involved studying new laws, reviewing policies of other Texas municipalities, discussing current San Angelo policies and developing changes to the existing policies that the committee deemed necessary. The final work of the committee was then presented to the Human Resources Department to draft the final product. Once completed, the 81-page final product was submitted to the Legal Department in 2011 for review and approval. Following the Legal Department review and approval, the final document, now titled Employee Policy Manual, was presented to the City Manager at the end of 2011 for his approval. His final approval was granted on January 27, 2012. Seven (7) new items were written into the Employee Policy Manual which have or may have a financial impact on the City. Per the Resolution, those items require approval by the City Council before implementation.

Agenda Item for February 21, 2012 Council Meeting Employee Policy Manual Page 2 Once these seven new items are either approved or rejected by City Council, the Employee Policy Manual will be published and training for department directors, division managers, supervisors and employees will commence. Financial Impact: Impact will vary depending upon which policies are approved or rejected. Attachments:

• Resolution adopted April 21, 2009;

Employee Policy Manual excerpts: • 6.17 (B) (2) Drug Free Workplace - Reasonable Suspicion Drug

Testing; • 7.03 Salary Administration – Hiring Rates; • 7.10 Salary Administration – Call Back Pay; • 7.17 Salary Administration - Disaster Preparedness; • 8.04 Employee Benefits - Sick Leave Incentive Program; • 8.07 Employee Benefits - Funeral Leave; • 10.03 (G) Reduction in Force – Severance Pay.

Presented and Reviewed by: Lisa Marley, Director of Human Resources and Risk Management,

February 15, 2012.

City of San Angelo



From: Harold Dominguez, City Manager


Contact: Harold Dominguez, City Manager


Discussion of matters related to the consolidation of the Upper Colorado River Authority Interlocal Service Agreements into one Interlocal Service Agreement

Summary/History:

UCRA and the City are and have been parties to one or more Memoranda of Understanding regarding consulting and services to be rendered to the City by UCRA in connection with one or more projects or programs pertaining to River Rehabilitation and Riverbank Stabilization for the Concho River; Storm Water Management and Education; and Water Conservation Education.

In an effort to organize the management of the various agreements, staff is working with the UCRA to consolidate the agreements into one agreement.

Financial Impact: Beginning with FY 2013 through FY 2015 total impact = $477,350.00

Related Vision Item

(if applicable):

Financial Vision: Review contracted services on annual basis to ensure highest and best use of public funds


Staff recommends approval of the Interlocal Service Agreement consolidation

Attachments: DRAFT Interlocal Agreement

Presentation: City Manager Harold Dominguez

Publication: N/A


City Manager Harold Dominguez

Interim City Manager Michael Dane

Approved by Legal: City Attorney Lysia H. Bowling 3/2/12

_____ Interlocal Service Agreement, Page 1 of 13

INTERLOCAL SERVICE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN ANGELO, TEXAS AND

THE UPPER COLORADO RIVER AUTHORITY

This Interlocal Service Agreement and Memorandum of Understanding Between the City of San Angelo, Texas and the Upper Colorado River Authority (“Agreement”) is agreed to by the Upper Colorado River Authority, a Conservation and Reclamation District and a subdivision of the State of Texas (“UCRA”) and the City of San Angelo, Texas, a municipality (“COSA”). This Agreement is effective on the first date it is signed by all parties (“Effective Date”) and represents a binding agreement.

Recitals

WHEREAS UCRA is charged with the control, storage, preservation, and distribution of the waters of the Upper Colorado River and its tributaries for irrigation, power, and other useful purposes, the reclamation and irrigation of arid, semi-arid, and other land needing irrigation, and the conservation and development of the forests, water, and hydro-electric power of the State of Texas and has authority to operate and to serve the goals of water distribution and conservation in such area; and

WHEREAS COSA is a Texas home rule municipal corporation situated in Tom Green County, Texas which is currently involved in the programs and projects described hereinbelow; and

WHEREAS COSA continues to pursue a capital improvements project involving the North Concho River (“the River”), including but not limited to dredging the river, stabilizing the bank of the river and associated supports and structures, and constructing or rehabilitating improvements to the River and areas immediately adjacent thereto, including certain accompanying trails and related areas (“the River Rehabilitation Project”); and

WHEREAS pursuant to the federal Clean Water Act, the Texas Commission on Environmental Quality (“TCEQ”) regulates potential non-point sources of water pollution, including storm water runoff from municipal storm sewer systems (“MS4s”), the TCEQ has issued General Permit No. TXR040000 (the “General Permit”) to authorize storm water discharges from MS4s and in order to qualify for and comply with the General Permit, COSA has developed a storm water management plan (“the Storm Water Management Plan”); and

WHEREAS UCRA and/or COSA are or have been parties to one or more Memoranda of Understanding regarding consulting and other services to be rendered to COSA by UCRA in connection with one or more projects or programs pertaining to River Rehabilitation and Riverbank Stabilization for the Concho River; Storm Water Management and Education; and Water Conservation Education (“the Services”); and

WHEREAS COSA and UCRA both deem it necessary and advisable to organize one or more educational programs pertaining to the facts and issues pertaining to storm water management, and pertaining to water conservation in general, such educational programs being


an integral part of a successful implementation of the other projects referenced herein (“the Educational Programs”); and

WHEREAS, in accordance with the terms of this Agreement, COSA desires to hire UCRA to perform certain hydrological and other consulting services in connection with implementing the projects and programs referenced herein and UCRA has agreed to act as consultant to COSA with regard to such projects and programs; and

WHEREAS, both parties agree that it is their mutual best interests for UCRA to assist COSA with the commencement, execution, and completion of these projects and programs; and

WHEREAS, this Agreement is sanctioned by and entered into under the auspices of the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code.

NOW THEREFORE, the Parties agree as follows:

Description of Tasks

The Parties hereby establish the following description of the tasks to be pursued by UCRA in its role as consultant under the terms of this Agreement (“the Tasks”):

1. Task One - Administration of the River Rehabilitation Project, the Storm Water Management Plan, and the Educational Programs (collectively referred to hereinafter as “the Projects”): UCRA will act as manager and administrator of the programs referenced herein, such Task to include the following services and activities:

A. Project Management: UCRA will manage the Projects for and on behalf of COSA in order to organize, conduct, and complete the Projects in the most efficient and comprehensive manner possible under the circumstances.

B. Preparation of Invoices: UCRA will prepare invoices which will include costs for its services.

C. Financial Accounting and Record Maintenance: UCRA will develop and/or maintain records and accounts pertaining to the Projects, including accurate accounts of the financial aspects of the Projects and maintaining a record of the history and nature of the work performed and the status of completion for each Task.

D. Preparation of Status and Progress Reports: UCRA will prepare and deliver to COSA reports concerning the status of the Projects including, where applicable, the degree of completion for the referenced project.

E. Communications with COSA Staff: UCRA will promptly advise the appropriate COSA staff personnel of all material factual developments, potential developments, and other issues identified during the course of the Projects.

2. Task Two - River Rehabilitation Project Oversight: UCRA will administer, coordinate, and perform services, tasks, and deliverables as necessary to satisfy the requirements


of the TCEQ 319 North Concho River Improvements, Bank Stabilization Grant; including the following:

A. Coordination and Oversight: Subsequent to the completion of bank stabilization activities under the River Rehabilitation Project, UCRA will coordinate and oversee the re-installation of TCEQ’s continuous water quality monitoring sondes.

B. Sonde Exchange, Calibration and Maintenance: UCRA will provide for sondes to be maintained and calibrated, and will coordinate the periodic exchange of such sondes with TCEQ.

C. Data Acquisition and Verification: UCRA will periodically download and monitor the accuracy and validity of data from TCEQ or the sondes.

D. Data Submittal: UCRA will submit data for inclusion in the Continuous Water Quality Monitoring (CWQM) database on a periodic basis.

3. Task Three - Storm Water Monitoring: UCRA will perform the following services in connection with the Storm Water Monitoring Plan.

A. Equipment Maintenance: UCRA will maintain the sampling equipment at the fixed storm water monitoring stations and will provide routine maintenance on an appropriate periodic basis.

B. Preparatory Use of Weather Data: UCRA will monitor weather forecasts and verify the data logger programming and equipment operation prior to predicted rainfall or weather events.

C. Acquisition of Weather Data and Storm Water Samples: Subsequent to acceptable rainfall events, UCRA will download station data and collect storm water samples, and will thereafter prepare and ship the samples to an appropriate laboratory for analysis. In addition, UCRA will reprogram data loggers as called for under the circumstances.

D. Additional Data: Where deemed desirable for modeling purposes, UCRA will conduct storm water monitoring activities with mobile sampling equipment at targeted sites.

E. Watershed Issues: UCRA will monitor and respond to watershed health issues such as fish kills and complaints.

4. Task Four - Assembly and Maintenance of Storm Water Database: UCRA will assemble and oversee maintenance of a database of appropriate data regarding storm water (“the Database”), including the following:

A. Data: UCRA will enter data from all fixed and mobile sites into the Database.


B. Verification of Results: UCRA will verify the quality of analytical results received from applicable laboratories regarding storm water.

C. Data Entrance: UCRA will enter water quality data received from applicable laboratories into the Database.

D. Data Calculation: UCRA will calculate the cumulative pollutant loadings from discreet weather events if relevant and material to the Storm Water Management Plan.

E. Data Entry: UCRA will submit and/or enter measured data into the modeling software used in the Storm Water Management Plan.

5. Task Five - Liaison Regarding Permits and Approvals in Connection with the River Rehabilitation Project: UCRA will serve as a liaison between COSA and the U.S. Army Corps of Engineers, the Texas Parks and Wildlife Department, the U.S. Fish and Wildlife Service, TCEQ, and any other applicable agency as necessary to facilitate the River Rehabilitation Project, including any additional permitting issues required under Section 404 of the Clean Water Act.

6. Task Six - Public Outreach and Education: UCRA will develop and administer the following education projects:

A. Storm Water Education Projects:

i. Onsite Field Trips

ii. Outreach Events

iii. Preparation and Design of Media and Similar Materials

iv. City Employee Trainings

v. Targeted School Programs

vi. Community River Clean-ups

vii. Drain Marking Coordination

viii. Adult Civic Group Education

ix. Website and Social Networking

B. Water Conservation Education Projects:

i. Onsite Field Trips

ii. Outreach Events

iii. Preparation and Design of Media and Similar Materials


iv. Targeted School Programs

v. Community River Clean-ups

vi. Adult Civic Group Education

vii. Website and Social Networking

viii. “Beat the Peak” Program

ix. “Block Leader” Program

7. Task Seven - Grant Writing and Applications: UCRA will research and identify potential grant opportunities for the Projects and also write and submit grant applications in relation to indentified grants.

8. Task Eight – Ongoing Storm Water Modeling: UCRA will provide storm water “modeling” which in this context will consist of using currently available and accepted data, computer software, analysis, and accepted processes to anticipate events relevant to the Storm Water Management Plan. This Task will include the following activities or services:

A. Model Runs: UCRA will conduct computer or other model runs to assess the parameters and potential impact of various scenarios regarding water quality and storm flows resulting from weather events.

B. Verification, Calibration, and Modification of Model: UCRA will verify the model results referenced above. In connection with this phase of this Task, UCRA will calibrate and modify the parameters, data, or processes used in each model in order to ensure the most accurate result available under the circumstances.

Budget and Payment

9. Budget: The Budget to be followed under this Agreement is attached and incorporated hereto as Exhibit “A” (“the Budget”).

A. Binding Nature of Budget: Unless mutually agreed to the contrary or part of the River Improvement column, the Budget is binding on both Parties and represents an integral part of this Agreement.

A.B. The budgeted numbers included in the River Improvement section are estimates. The actual costs associated with projects included in this category will be determined based on the scope of work required.

B.C. Payment Amount: COSA agrees to pay UCRA’s reasonable charges for providing the Services called for herein; provided, however, that the total amount paid by COSA to UCRA for such services during the term of this Agreement shall not exceed the annual amount shown on the Budget, including the portion of the Budget labeled “Contingency”.


10. Invoices: COSA agrees to remit payment to UCRA in accordance with the Budget within 30 days of receipt of an invoice from UCRA. UCRA will submit invoices to COSA for the Services on a quarterly basis. The Parties acknowledge and agree that UCRA’s invoices may include reasonable charges, as determined by UCRA, for the time spent by UCRA’s employees in performing the Services and for a proportionate share of UCRA’s overhead.

11. Disputed Payment: If COSA at any time disputes the amount to be paid to UCRA, COSA shall nevertheless promptly make the disputed payment or payments, but shall thereafter have the right to seek a determination whether the amount charged by UCRA is in accordance with the terms of this Agreement.

12. Maintenance of Records: UCRA agrees to retain and maintain records and other documentary evidence of time, charges, expenses, and costs incurred in relation to the Services for a period of one year following the termination of this Agreement or for such longer period as may be required by applicable law.

13. Bidding and Requests for Proposals: Unless otherwise agreed by the Parties, UCRA shall have the sole authority to solicit, select and accept bids or requests for proposals for any materials, equipment, or services that will be purchased in connection with the Services. UCRA agrees to comply with applicable laws, rules and regulations regarding competitive bidding, where applicable.

14. Dispute Resolution: Each Party agrees to reasonably cooperate with the other in resolving any issues or disputes pertaining to payments of, and accountings for, amounts required to be paid hereunder.

Default and Remedies

15. Interest: All amounts due and owing by COSA to UCRA shall, if not paid when due, bear interest at the Texas post-judgment interest rate as set out in Section 304.002, Texas Finance Code, or any successor statute, from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as permitted by law.

16. Notice and Opportunity to Cure: If any Party (referred to herein as the “Defaulting Party”) fails to comply with its obligations under this Agreement or is otherwise in breach or default under this Agreement (collectively, a “Default”) then the other Party (referred to herein as the “Non-Defaulting Party”) shall not have any right to invoke any rights or remedies with respect to any Default until and unless:

i. the Non-Defaulting Party delivers to the Defaulting Party a written notice (the “Default Notice”) which specifies the particulars of the Default and specifies the actions necessary to cure the Default; and

ii. the Defaulting Party fails to cure, within ten (10) days after delivery of the Default Notice, any matters specified in the Default Notice which may be cured solely by the payment of money, or the Defaulting Party fails to commence the cure of any matters specified in the Default Notice which cannot be cured solely


by the payment of money within a reasonable period of time after the Defaulting Party’s receipt of the Default Notice or fails to thereafter pursue curative action with reasonable diligence to completion.

17. Remedies: If either Party fails or refuses to timely comply with its material obligations hereunder, the other Party will have the right, along with any other remedy at law or in equity, to enforce this Agreement by specific performance, injunction, or any other remedy available at law or in equity in a court of competent jurisdiction including but not limited to an action for damages.

Term

18. The obligations of the Parties under this Agreement shall begin on October 1, 2012 and continue for three years, as shown in Exhibit “A”.

Use of COSA Facilities and Equipment

19. Laboratory Facilities: UCRA shall have the right to use COSA’s laboratory services at no cost to UCRA for the purpose of carrying out any testing or analysis that UCRA determines is necessary or appropriate to perform the Services. UCRA shall have the right to use other laboratory facilities and to invoice COSA for the cost of using any such laboratory facilities .Such costs shall be in addition to the amount set forth in the Budget.

20. Heavy Equipment: UCRA shall have the right to use COSA’s heavy equipment and heavy equipment operators, (backhoes, tractors and similar equipment), at no cost to UCRA for the purpose of installing monitoring stations or other equipment or improvements in connection with the Services.

21. Procedures for Use: UCRA and COSA agree to cooperate with each other in good faith to schedule the use of COSA’s laboratory and heavy equipment services without delay in a manner that minimizes interference with COSA’s use of such facilities and equipment.

Miscellaneous

22. Compliance with Laws: COSA acknowledges that COSA is ultimately responsible for ensuring that it complies with all applicable federal and state storm water management laws and regulations and the terms and conditions of the General Permit. COSA shall have the sole duty to pay any fine, penalty, or other sanction for failing to meet any regulatory requirement in connection with COSA’s storm water management obligations. COSA hereby waives and releases any claim for contribution or indemnity against UCRA with regard to any such claim.

23. Notice of TCEQ Correspondence: Notwithstanding anything to the contrary herein, COSA shall promptly provide UCRA copies of all correspondence received from the TCEQ regarding storm water management, the General Permit, other permitting, compliance, and enforcement.


24. Entire Agreement: This Agreement embodies the entire agreement between the Parties and supersedes all previous agreements, covenants, and contracts between them. There are no oral representations, express or implied warranties, agreements, or promises pertaining to this Agreement which are not otherwise incorporated in writing in this Agreement.

25. Amendment of Agreement: This Agreement may not be modified or amended except by an instrument in writing signed by both Parties.

26. Attorney’s Fees: If either Party retains an attorney to enforce this Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney’s fees and court and other costs. The term “Prevailing Party” means that Party which the court finds and/or declares is the prevailing party, whether or not that Party obtains monetary, declaratory, injunctive, equitable or nominal relief. With respect to any monetary claim, no award of damages shall be necessary in order for a Party to be found by the court to have prevailed. With respect to any non-monetary claim, no equitable relief shall be necessary in order for a Party to be found by the court to have prevailed.

27. Notices: Any notice to be given under this Agreement by either Party to the other shall be in writing and may be effected by certified mail, electronic mail, or facsimile transmission with confirmation of delivery addressed as follows:

To UCRA: The Upper Colorado River Authority

512 Orient San Angelo, TX 76903 Fax: 325.655.1371 Attn: Stephen Brown

To COSA: The City of San Angelo, Texas 72 W. CollegeSan Angelo, TX 76903__ Fax: _____325.657.4335 Attn: Harold Dominguez

All notices will be deemed to have been given on the date of mailing or transmission of such notice. Any Party may change its address upon five days’ written notice to the other.

28. No Waiver: If either Party fails to insist on strict performance of any provision of this Agreement, such failure shall not be deemed a waiver by such Party of its right to insist on strict performance of such provision in the future or strict performance of any other provision of this Agreement.

29. Headings: The section headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to be full or accurate descriptions of the contents thereof.

30. Choice of Law and Venue: All amounts due under this Agreement and all obligations of either Party, including, but not limited to, payments due under this Agreement or


damages for the breach of this Agreement, shall be paid and be due in Tom Green County, Texas, which is the county in which the principal administrative offices of the Parties are located. It is further specifically agreed that Tom Green County, Texas, is a principal place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Tom Green County, Texas. This Agreement is governed by the laws of the State of Texas.

31. Severability: The provisions of this Agreement are severable and in the event that any one or more provisions are deemed illegal or unenforceable, the remaining provisions shall remain in full force and effect.

32. Due Authorization and Binding Obligation: Each Party represents to the other that this Agreement has been duly authorized, executed and delivered by all necessary action of the Party, including approval of the Party’s governing board or council, and is enforceable against the Party in accordance with its terms.

33. Force Majeure: In the event either Party is rendered unable, in whole or in part, by force majeure to carry out any of its obligations under this Agreement, other than the obligation of COSA to make the payments required under the terms of this Agreement, then the obligations of that Party, to the extent affected by the force majeure, shall be suspended during the continuance of the inability. The term “force majeure” includes acts of God, strikes, lockouts or other industrial disturbances, acts of terrorism, acts of the public enemy, orders of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage, or accidents to dams, equipment, pipelines, canals, or other structures, partial or complete failure of water supply including pollution (accidental or intentional), and any other inability of either Party, whether similar to those enumerated or otherwise, that are not within the control of the Party claiming the inability and that could not have been avoided by the exercise of due diligence and care.

34. Counterparts: This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

35. Conservation Laws: The Parties agree that no part of this Agreement shall be construed to contradict or relieve either Party from any obligation established by any state, federal, or locally mandated laws or regulations, including but not limited to laws, rules, or regulations pertaining to water conservation or drought contingency plans. Accordingly, the terms of this Agreement are expressly subject to the directives, mandates, agreements, and best practices set out in any such applicable plan. When any such plan is placed in effect or when conditions require the conservation, modification, curtailment, or restriction of the use of water or the practices of any Party in relation to water, the Parties agree to comply with the water conservation and drought contingency plans of both COSA and UCRA, where applicable.


36. No Assignment: This Agreement is entered into for the exclusive benefit of UCRA and COSA and neither of the parties hereto shall, without the consent of the other, assign or transfer this Agreement or any rights or obligations hereunder.

37. No Joint Venture or Partnership: Nothing in the Agreement shall constitute or be held as evidence of a joint venture, partnership, joint enterprise, or similar combination between UCRA and COSA; rather, UCRA shall be an independent contractor for the benefit of COSA only under the terms and for the purposes set forth in this Agreement.

38. No Third Party Agreements: This Agreement is entered into for the exclusive benefit of UCRA and COSA and neither of the parties hereto shall, without the consent of the other, assign or transfer this Agreement or any rights or obligations hereunder.

39. Independent Contractor: The Parties agree that UCRA is an entity providing professional services and that this Agreement calls for the performance of the services of UCRA as an independent contractor and not as an agent of COSA. Each Party shall retain supervision and control of its own employees at all times while performing this Agreement and no employee of one entity shall be considered a borrowed servant of the other entity for Workers’ Compensation purposes or for any other reason. COSA agrees that all persons employed by it to furnish services hereunder are employees or agents of COSA and not of UCRA, and UCRA agrees that all persons employed by it to furnish services hereunder are employees or agents of UCRA and not of COSA. Such employees or agents of either entity are not entitled to benefits conferred on the other entity’s employees.

40. Indemnification: To the extent allowed by law, the Parties to this Agreement agree to indemnify, defend and hold the other Party, its board members, council members, officials, agents, guests, invitees, consultants and employees free and harmless from and against any and all claims, demands, proceedings, suits, judgments, costs, penalties, fines, damages, losses, attorneys’ fees and expenses asserted by any person or persons, including claims or suits for joint enterprise liability, by reason of death or injury to persons, or loss or damage to property, resulting from or arising out of, the violation of any law or regulation or in any manner attributable to any act of commission, omission, negligence or fault of the indemnifying Party, its board members, council members, officials, agents or employees, or the joint negligence of the indemnifying Party and any other person or entity (except the indemnified Party) as a consequence of its execution or performance of this Agreement or sustained in or upon the premises, or as a result of anything claimed to be done or admitted to be done by the indemnifying Party hereunder. This indemnification shall survive the term of this Agreement as long as any liability could be asserted. Nothing herein shall require the indemnifying Party to indemnify, defend or hold harmless any indemnified party for the indemnified party’s own gross negligence or willful misconduct.

41. Further Assurances and Documents: The Parties agree to take such further actions and execute such further documents as may be reasonably necessary to carry out the purposes of this Agreement.

42. Consent: Whenever approval or consent is required of any Party, it shall not be unreasonably withheld, conditioned or delayed.


43. Compliance with Law: Each Party agrees to conduct all activities contemplated by this Agreement in accordance with all applicable rules, regulations, ordinances, and laws in effect or promulgated during the term of this Agreement.

44. No Presumption Against Drafter: In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted neutrally, fairly, and reasonably, without any presumption or bias in connection with the Party who drafted the Agreement.

45. Access to Information: UCRA and COSA each shall provide the other Party with reasonable access to all information and documentation in the possession or control of either of them with respect to the Services and COSA’s obligations under law unless such access will trigger an unreasonable cost or expense to the providing Party, will breach a confidentiality agreement, or will violate any other applicable legal restriction.

46. Payments from Lawfully Available Funds: All payments, if any, required to be made by COSA pursuant to this Agreement shall be payable from current revenues or other funds lawfully available for such purpose.

AGREED AS TO FORM AND CONTENT:

THE CITY OF SAN ANGELO, TEXAS

by: ______________________________ ______________________________ (name printed)

Its: ______________________________ (title) Dated: ___________________________

ATTEST: ___________________________ (name printed)

Its: ______________________________ (title) Dated: ___________________________

THE UPPER COLORADO RIVER AUTHORITY

by: ______________________________ ______________________________ (name printed)

Its: ______________________________ (title)


Dated: ___________________________

4882351v.12


EXHIBIT “A” BUDGET

Subtotal Subtotal Subtotal*SW **RR ***WC *SW **RR ***WC *SW **RR ***WC *SW **RR ***WC

1 Administration $18,000 $5,000 $0 $20,000 $5,500 $0 $22,000 $6,000 $0 $60,000 $16,500 $0 $76,5002 River Rehab Oversight $0 $7,500 $0 $0 $10,000 $0 $0 $12,000 $0 $0 $29,500 $0 $29,5003 Storm Water Monitorin $15,000 $0 $0 $17,500 $0 $0 $20,000 $0 $0 $52,500 $0 $0 $52,5004 Storm Water Database $11,500 $0 $0 $12,500 $0 $0 $13,500 $0 $0 $37,500 $0 $0 $37,5005 Permits and Approvals $0 $6,000 $0 $0 $6,500 $0 $0 $7,000 $0 $0 $19,500 $0 $19,5006 Public Outreach $25,000 $0 $25,000 $25,000 $0 $25,000 $25,000 $0 $25,000 $75,000 $0 $75,000 $150,0007 Grant Writing $0 $5,000 $0 $0 $5,500 $0 $0 $6,000 $0 $0 $16,500 $0 $16,5008 Modeling Continuation $16,500 $0 $0 $18,000 $0 $0 $19,500 $0 $0 $54,000 $0 $0 $54,0009 Contingency $10,600 $1,850 $0 $11,600 $2,200 $0 $12,600 $2,500 $0 $34,800 $6,550 $0 $41,350

SUBTOTALS $96,600 $25,350 $25,000 $104,600 $29,700 $25,000 $112,600 $33,500 $25,000 $313,800 $88,550 $75,000 $477,350TOTALS $313,800 $88,550 $75,000 $477,350

*SW - Storm Water**RR - River Rehab***WC - Water Cons

COSA Stormwater and River Rehabilitation ProjectsFiscal Year 15Fiscal Year 14Fiscal Year 13

$171,100$159,300$146,950

TOTALTASK

City of San Angelo

Memo Meeting Date: March 6, 2012

To: City Council members

From: Jeff Hintz, Planner

Subject: Z 12-02 Billy Huffman, A request for approval of a zone change from

Ranch and Estate (R&E) to Office Warehouse (OW) on the following property:

Location: 1710 Cox Lane, approximately 700 feet west from the intersection of

Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo.

Purpose: Approval of this request will change the zoning from Ranch and

Estate (R&E) to Office Warehouse (OW)

Contacts: Billy Huffman 325-947-3690

Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of the Planning Commission’s

recommendation modifying a request for a zone change from Ranch & Estate (R&E) to Heavy Commercial (CH), alternatively recommending a zone change from Ranch & Estate (R&E) to Office Warehouse (OW) with an introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 12-02: Billy Huffman 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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo, changing the zoning

classification from Ranch & Estate (R&E) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) approve the proposed zone change;

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

appropriate; or (3) deny the proposed zone change

Recommendation: Planning staff recommends modifying the proposed zone

change to Office Warehouse (OW) for reasons outlined within this report.

On February 20, 2012, the Planning Commission recommended modification of the original request of Heavy Commercial (CH) to Office Warehouse (OW) by a vote of 6-0.

History and Background:

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: R&E Vacant West: R&E/RS-1 Vacant South: OW Construction contractors East: CH Vacant

Thoroughfares/Streets: Cox Lane is defined as a “minor collector.” Minor

collector streets are designed to connect arterial streets to local streets and access land.

Minor collector streets should have 60 feet of

right-of-way dedicated and at least 50 feet of paving width. Currently, Cox Lane has about 60 feet of right-of-way; however, the street only has 24 feet of paving, less than half of what would ordinarily be required by the subdivision ordinance

in order to serve the amounts of traffic expected for a collector street.

When the plat for Section 1 of the B & R

Subdivision was approved in September of 2003, a complete variance from paving the adjoining street (Cox Lane) was given. This portion of property for which the variance was obtained is directly to the south of the subject property.

Since variances run with the property, city staff

has serious doubts as to whether or not this portion of the street will ever be fully improved to the standards outlined within the subdivision ordinance Chapter 10 Section III, that have been outlined above.

Zoning History: SU 02-04 allowed for self-service storage;

however when no permits were obtained within one year of approval, the SU expired.

Applicable Regulations: The intent of R&E is to provide low-density rural

development of detached single-family residences on lots greater than an acre. An OW district intends to provide for activities with limited truck traffic and requires complete opaque screening of outside storage. This development opportunity allows for integration of offices and warehouse space with lower-intensity trade activities.

Development Standards: A privacy fence is required whenever a

commercial zoning designation abuts a residential district or use. This privacy fence is required in OW zones so that any outdoor storage is completely screened from public view.

Vision Plan Map: Commercial Related Comp Plan Excerpts: “Commercial properties tend to be

organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.”

Special Information

Traffic Concerns: A CH zoning designation would have the potential to create a hazardous situation in the area. Cox lane is quite narrow throughout the entire length that it runs. A street that is 24 feet wide should not be carrying the types of heavier traffic counts that CH zoning could provide for. This street is not

appropriate for heavy traffic counts in its current state.

Office and warehouse types of businesses

generally have lower traffic counts and sales are limited to wholesale trade. Industrial sales and service, contractors, and office uses generate significantly less traffic than a retail establishment or restaurant does for example.

Parking Requirements: Offices require one space for every 300 square

feet, while warehouses require one space for every four employees.

Parking Provided: none Related Specific Use Standards: N/A Density: Low-density development Notification Required: Yes

Original Notification was for Office Warehouse (OW) zoning and the following is a summary of what was received by staff.

Notifications Sent: 8

Responses in Favor: 1 Responses in Opposition: 0 Applicant wished to change his request to Heavy Commercial (CH) zoning and the following is a summary of what was received by staff.

Notifications Sent: 8

Responses in Favor: 1 Responses in Opposition: 1

Analysis:

In order to approve this Zone Change 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 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. Staff believes that OW zoning is compatible with the surrounding area and would provide a nice extension of the current OW zone to the south of the property. The surrounding area is generally comprised of businesses in the construction, industrial service, and wholesale supply trade. OW zoning will allow for all of these activities without adding to the strip of singular commercial development in the area that is really quite expansive, something that the comprehensive plan does not support. A Heavy Commercial (CH) zone could drastically impact the development to the west of the subject property. While there is no residential development in the area presently, the future vision for that area does call for neighborhood, and the property is currently zoned for Single-Family Residential (RS-1) and Ranch and Estate (R&E). The combination of the intense uses allowed for within CH zoning and the under-improved street network on Cox Lane has serious implications for any type of future development within this area that is called for as “neighborhood”. An OW zone would mitigate these effects and would have a much smaller impact when compared to the CH zoning. OW zones generally have much less traffic and are a much more suitable buffer between neighborhoods and more intense commercial and industrial uses that are seen along the South Bryant corridor. Of all the commercial types of zoning districts in the city available for use and compliance with the “commercial” designation of the Comprehensive Plan, for this instance and location, OW appears most appropriate. Any other type of commercial designation will include retail usage and thus generate larger amounts of traffic, a major concern as already iterated. Tract 1 of Section 2 in the B & R subdivision would be left zoned as Ranch and Estate and is not under the bounds of this zone change proceeding. However, staff believes

that if the subject property were zoned to CH, this tract would be left as a highly undesirable piece of residential property and that could have substantial effects on the development of this area. The remainder of property would be surrounded by an ML/CH tract, (a zoning designation that is no longer on the books as zoning district which one can request today) and two CH properties. This residential piece of property would be affected greatly by the intense commercial and industrial development in the area. Office Warehouse zoning is a much better fit for the surrounding area and will provide a better buffer for the residential properties that develop in the future. This area located at the southeastern portion of the city is part of a high-intensity use commercial corridor that stretches along South Bryant Boulevard from San Jacinto Street to Ben Ficklin road, a distance of over one mile in length and covering an area of roughly 235 acres. Large strips, swaths and corridors of commercial development are specifically to be avoided in accordance with the public outreach section of the comprehensive plan. Under goal three of the neighborhood portion of the comprehensive plan, the intent is to improve the relationship between adjacent commercial and residential land uses. The action steps of this goal are broadly defined by the promotion of better transition between nearby commercial and residential use of land and buildings by requiring buffers and through the elimination of uncomplimentary and incompatible zoning classifications. Staff strongly believes that an Office Warehouse zone falls most in line for any commercial designation with these goals outlined within the comprehensive plan and will help to protect the future development of the area identified as neighborhood in the vision plan. Goal one of the commercial chapter of the Comprehensive Plan calls for the establishment of transition areas and nearby neighborhoods. The intent of this goal is to improve the relationship and connectivity between neighborhoods (both present and future) and commercial areas. The Comprehensive Plan also states that commercial areas are also designed to be on a major street network for the convenience of access and visibility a major street network offers; these sites also tend to be regional draws for customers, something else that staff has considered in their analysis of the request. Cox Lane is defined as a minor collector street; it is certainly not designed to and is not at this time constructed to a capacity that will allow an intensive commercial use to be safe for the surrounding areas. Staff feels that under the given circumstances, OW zoning is much more consistent with the plans and policies of the city and is generally consistent with the zoning ordinance. The plans, policies, and ordinances that are currently in place are established to protect everyone in the city. A CH zone has the potential to create adverse effects on future development of the area identified as neighborhood adjacent to the subject property. An OW zone requires a privacy fence and sales are limited to wholesale trade only which will substantially keep the traffic counts lower for this future neighborhood. An OW zone also makes for a better transition zone between neighborhoods and intense commercial and manufacturing zones. The development of any vacant property will certainly have some effect on the natural environment; however, OW provides a much lower intensity of use than a CH zone and thus has the potential to lower the impact from this project that the natural environment

will see. In terms of development of the large swath of land called for the future as neighborhood, an OW zone may allow for suppliers and businesses that will aid that future development, but at the same time provide a better transition than a CH zone will.

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; aerial photo, highlighting subject property; citizen responses received; Draft minutes from Planning Commission; and draft ordinance.

Presentation: Jeff Hintz, Planner

Reviewed by: AJ Fawver, Planning Manager (02/13/12)

A. Z 12-02: Billy Huffman A request for approval of a zone change from Ranch and Estate (R&E) to Heavy Commercial (CH) on the following property: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of modification to an OW zoning district. There were eight notifications sent out, with one returned in favor and one returned in opposition. Mr. Hintz handed out these responses for the Commissioners to review. The notification response in opposition was received from the adjacent property immediately across Cox Lane to the south from the subject property. The area is relatively undeveloped, as is the area around it. The Vision Plan map does call for the tract to be a “commercial” designation, with a “neighborhood” designation bordering it to the south. Mr. Hintz pointed out the narrowness of Cox Lane. To the south are some contractor businesses. Mr. Hintz reviewed the options available for this case. Staff recommends considering an alternative zoning district of OW for this property. In the immediate area are uses consistent with contracting and warehousing. There was a special use approved in 2002 on the subject property for a self-service warehouse, which expired and is not longer valid. Mr. Hintz then reviewed the criteria for review in this area. In analysis of the request, staff feels the OW zoning is consistent with the Vision Plan map, as well as the intent of the Zoning Ordinance; conversely, the CH designation does not work with the intent of the Zoning Ordinance by bringing conflicting uses closer to one another. One of the main differences between CH and OW is the allowance of retail sales; because of a variance that was given previously from the paving requirements, the likelihood of Cox Lane being fully improved to the type of classification it is intended for (an arterial street) is unlikely. An opaque privacy fence would also be required to screen outside storage in an OW zoning district, regardless of the surrounding zoning; this lends itself to a better transition than a CH zoning district would provide into a residential area, such as those to the west and south of this property. Ben Jenkins asked the staff if pavement improvements could be placed on this request. Mr. Hintz explained that the pavement improvements cannot be a requirement of this zone change, as the Commission is not given the authority to place conditions upon zone changes, only conditional and special uses. Bill Wynne asked about the history of Cox Lane; staff explained the city limit issue in this area. Sebastian Guerrero asked Mr. Hintz about the neighbor to the south and their opposition to this request. Mr. Hintz explained that the neighbor to the south is zoned OW, the same designation which staff is suggesting for the subject property. The applicant, Billy Huffman, came forward to speak in favor of this request. He owns a contracting business. He explained that the need for retail is one of his desires in the utilization of the property. He plans on building a company there and relocating for that reason. There is some CH zoning in the area to the north and

east. Getting the CH zoning district would allow more versatility for the business at this location. The Vice-Chairman asked Mr. Hintz if the OW zoning would allow all of the uses that Mr. Huffman would want to include, with the addition of the retail usage to this contracting business. Staff also clarified that all of the uses that Mr. Huffman is wanting to put into place today would not all fit within this category of OW. However, the CH zoning district is not one that the staff members would be willing to support because of a variety of issues, including further encroachment into the area that already has a very large residential component surrounding the lot both to the west and the south. Joe Grimes clarified the commissioner duties when looking at this request in interpreting the Vision Plan. Bill Wynne explained that the line between wholesale and retail is very narrow. Ben Jenkins talked about the increase of traffic for a CH zoning district, and stated that he would be unable to support a CH rezoning so long as that street was not fully improved to allow the traffic. Richard Salmon, partial owner of the property, came forward to speak in favor of this request. He stated that the economic benefit to the community would be greater if this was allowed to be placed at this location. The vision in San Angelo, in his opinion, has been stagnant. He mentioned that the Commission is responsible for economic development and stated that the City would have to expand the street at some point in time. Sebastian Guerrero asked about the number of employees at this business location and if there were plans to add more. Bob Elliott came forward to speak in favor of this request. He explained that Mr. Huffman is an ideal neighbor for this location. He stated that there are inconsistencies in the vision for this area. Right-of-way is in place, and there is already traffic is in place. He went on to explain that a transition should be a burden on the south side of the street, but not on the north side, since the Vision Plan shows it to be some type of commercial. There was some confusion about the differences in zoning as opposed to the Vision Plan map categories, which staff attempted to clarify. City staff members addressed the factual basis for the Vision Plan and how it works with state law. Ms. Fawver clarified what the commercial zoning is in the area and discussed the road widening as well as the possibilities for the tract and how it could develop in the future based upon the current characteristics of the tract. Motion, to approve the OW zoning as recommended by staff, was made by Ben Jenkins and seconded by Bill Wynne. 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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-02: Billy Huffman

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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.

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

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

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

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

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

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

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

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

INTRODUCED on the 6th day of March, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 20th day of March, 2012.

THE CITY OF SAN ANGELO

by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

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

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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-02: Billy Huffman

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: 1710 Cox Lane, approximately 700 feet west from the intersection of Cox Lane and Ben Ficklin Road, specifically occupying the B & R Subdivision, Section 2, Tract 2 in south central San Angelo shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.

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

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

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

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

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

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

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

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

INTRODUCED on the 6th day of March, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 20th day of March, 2012.

THE CITY OF SAN ANGELO

by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

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

City of San Angelo



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for February 21, 2012 Council Meeting

Contact: Harold Dominguez, City Manager Matt Lewis, San Angelo Area Foundation Elizabeth Grindstaff, Assistant City Manager Rick Weise, Assistant City Manager

Caption: Discussion and consideration of adopting a Resolution authorizing the City Manager to negotiate and execute a Development and Operational Agreement for Performing Arts Campus by and between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) relating to the creation and development of a performing arts center and campus which will include the City Auditorium; providing for management services by SAPAC; providing for the use of office space within City Hall by SAPAC; providing for funding responsibilities of the parties; and providing for related matters.

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

History: N/A

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


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

Attachments: Written Resolution and Draft Agreement

Presentation: Oral and visual presentation by City Manager Harold Dominguez

Publication: N/A


Asst. City Managers Elizabeth Grindstaff and Rick Weise

Approved by Legal: Asst. City Attorney Dan Saluri

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

WHEREAS, the potential economic impact of San Angelo’s performing arts and Cultural District in generating local economic activity, supporting jobs and providing local and state tax revenue should not be underestimated; and, WHEREAS, San Angelo’s cultural resources are building blocks for every aspect of the City’s development, including downtown redevelopment and restoration, and tourism; and, WHEREAS, a need exists for a suitable performing arts center and facilities to accommodate performing arts productions; and, WHEREAS, a feasibility study has been completed by Janis A. Barlow & Associates, which recommends that the City of San Angelo and SAPAC jointly pursue development and management of a Performing Arts Center in conjunction with improvements to the City Auditorium which would become the San Angelo Performing Arts Campus; and, WHEREAS, SAPAC will, through its fundraising efforts, contribute toward funding necessary for the creation and development of the Performing Arts Campus, including the Performing Arts Center and the City Auditorium; and, WHEREAS, the City Council of the City of San Angelo, Texas, finds and determines that the joint development and management with SAPAC of a Performing Arts Center in conjunction with improvements to the City Auditorium as part of the San Angelo Performing Arts Campus accomplishes a public purpose beneficial to the citizens of the City of San Angelo: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The Interim City Manager or his designee is hereby authorized to negotiate and execute an Operational Agreement between the City of San Angelo and the San Angelo Performing Arts Coalition (SAPAC) providing for: the joint creation and development of

a Performing Arts Center and campus which will include the City Auditorium; management services by SAPAC; the use of office space within City Hall by SAPAC; allocation of the funding responsibilities of the City and SAPAC; and, providing for related matters. PASSED and APPROVED THIS DAY OF , 2012. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Elizabeth Grindstaff, Asst. City Manager Dan T. Saluri, Sr. Asst. City Atty. For: Lysia H. Bowling, City Atty.

DRAFT 03/02/12 DEVELOPMENT AND OPERATING AGREEMENT FOR PERFORMING ARTS CAMPUS BY AND BETWEEN THE CITY OF SAN ANGELO AND THE SAN ANGELO PERFORMING ARTS COALITION

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

public areas, not including the Performing Arts Center property.

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

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

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

II. PLANNING PHASE

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


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

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

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

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

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

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

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

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


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

Section 2.9 Reserved: Section 2.10 Termination on Failure of Conditions Precedent As To Annex: Should the conditions precedent to the Construction Phase for the Annex as set forth at Section 2.8 above not be established on or before , 20 , City may terminate this Agreement.

III. FUNDING OBLIGATIONS OF SAPAC

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


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

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


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

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

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


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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

VII. GENERAL PROVISIONS

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


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

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


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

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

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

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

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

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


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

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

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

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

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

h) Survival and Cumulative Enforcement of Rights. Those provisions of this Agreement which by their very nature extend beyond termination or expiration of this Agreement shall survive such termination or expiration. All rights for enforcement of this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and, City shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Agreement. No wiaver of a breach or any of the covenants, conditions, or restrictions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition or restriction contained herein.

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


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

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

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

(Signature page to follow)


This Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to it.

SAN ANGELO PERFORMING ARTS COALITION BY: _________________________ Susan Brooks, President

ATTEST: BY: ITS:

CITY OF SAN ANGELO, TEXAS BY: Michael Dane, Interim City Manager

ATTEST: Alicia Ramirez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Elizabeth Grindstaff, Asst. City Manager Dan T. Saluri, Sr. Asst. City Atty.

City of San Angelo Finance Department



From: Laura Brooks, Budget Analyst, Sr.


Contact: Morgan Trainer, Budget Manager, 653-6291

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for new projects, incomplete projects, and grants.

Summary: This proposed amendment contains the following items (additional information attached):

City of San Angelo Operating Budget • West Texas Trade Summit • Redistricting and Election Costs • Pay grade correction • Airport Travel and Consultant Services • SADC Neighborhood Blitz • Neighbor Helping Neighbor • Municipal Pool Renovation – Pool Rotunda Roof • Update Airport Layout Plan • Airport Terminal Renovation

City of San Angelo Development Corporation Budget

• Voter approved projects

History: See attached Budget Amendment Request memorandum.

Financial Impact: (see attached detail on Exhibit A of the Ordinance)

COSA Operating Budget expenditure $ 2,519,636 COSA Development Corporation Budget expenditures $ 4,220,000

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

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

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 2011-2012 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 6th day of March, 2012, and APPROVED and ADOPTED on this the 20th day of March, 2012.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue

Amendment

Total Expenditure Amendment

Net Benefit/ (Cost)

COSA Operating Budget 101 General Fund 108,000 108,000 0

220 Airport Operating 0 26,025 (26,025) 453 CDBG Fund 263,000 263,000 0 514 2011A Issue 21,225 21,225 0 529 Airport PFC 0 533,286 (533,286) 530 Airport FAA Projects 1,406,100 1,406,100 0 531 Airport Capital Projects 162,000 162,000 0

Sub-Total 1,960,325 2,519,636 (559,311)

COSA Development Corporation Budget Development Corporation

Fund 0 4,220,000 (4,220,000)

Total 1,960,325 6,739,636 (4,779,311)

City of San Angelo Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost) West Texas Trade Summit COSA DC & Wells

Fargo Sponsorships 6,000 6,000 0

Redistricting and Election Costs Sales Tax Revenue 97,000 97,000 0 Pay grade correction Sale of Scrap Wire 5,000 5,000 0 Airport Travel and Consultant Services Airport Fund – Fund

Balance 0 26,025 (26,025)

SADC Neighborhood Blitz COSADC Affordable

Housing Funds 210,000 210,000 0

Neighbor Helping Neighbor COSADC Affordable Housing Funds 53,000 53,000 0

Municipal Pool Renovation – Pool Rotunda Roof

Local Grants 21,225 21,225 0

Update Airport Layout Plan PFC Fund, Airport

Capital Projects 162,000 324,000 (162,000)

Airport Terminal Renovation PFC Fund, FAA Grant 1,406,100 1,777,386 (371,286) COSA Development Corporation Voter approved projects Development

Corporation Fund – Fund Balance

0 4,220,000 (4,220,000)

Totals 1,960,325 6,739,636 (4,779,311)

City of San Angelo Finance Department



From: Morgan Trainer, Budget Manager


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

Caption: Regular

Discussion of 2012-2017 Capital Improvement Plan

Summary: The Capital Improvement Plan (CIP) is required by the City Charter and aids the City Council when making funding allocations in the annual operating budget. Capital projects are submitted and reviewed for priority, relevance to the community, and funding consideration each year.

The City Charter requires the CIP be introduced to City Council five (5) months prior to final submission of the budget to City Council. The Charter also requires a public hearing on the plan and adoption of the plan on or before adoption of the annual budget.

Instructions stating how to prepare this CIP were sent to project managers February 7th. Projects were due on February 22nd. The committee will review and rank projects March 8th-9th.

Public meetings will be scheduled late March 2012. During the public meetings, staff will present submitted projects and receive comments, suggestions, and priorities from citizens.

The schedule for the CIP process is attached. If you have any concerns with the proposed dates, please let us know.

History: The current 2011-2016 CIP is attached for reference. Financial Impact: Not applicable at this time. Related Vision Item (if applicable): Infrastructure Vision and Financial Vision Other Information/Recommendation: Attachments: CIP schedule; 2011-2016 CIP Presentation: Yes

Publication: N/A

Reviewed by Service Area Director: Michael Dane, Finance, January 25, 2012

http://www.sanangelotexas.us/index.asp?Type=B_BASIC&SEC=%7bE8077466-78C0-4817-9549-7D8B56F6EBFD%7d

City of San Angelo

2012-2017 CIP Schedule 2/7/2012 Budget Division sent out CIP forms and instructions to

divisions 2/22/2012 Projects submitted divisions 3/6/2012 Discuss CIP with City Council 3/8-9/2012 CIP Committee reviews projects 3/2012 Public meetings 4/3/2012 Discuss CIP with City Council 4/17/2012 Approve CIP Resolution

Community and Economic

Development Department



From: Clinton Bailey, City Engineer

Subject: Agenda item for March 6, 2012 City Council Meeting

Contact: Clinton Bailey, Engineering Services, 657-4203

Caption: Regular

Discussion of posted speed limit on Foster Road from Loop 306 South Frontage Road north to the end and any action in connection thereto.

Summary: At the February 7 City Council meeting, authorization was given to increase the speed limit on the south portion of Foster Road. City Council also requested Engineering Services to study the north portion for an increase in speed limit.

History: In late 2010, Councilman Alexander requested that Engineering Services determine the feasibility of increasing the posted speed limit on Foster Road. Traffic counts were taken, and a presentation was given on June 28, 2011 regarding travel speeds and times on Foster Road south of Loop 306. No action was taken during that meeting. The item was again presented on February 7, 2012, and City Council gave authorization to increase the speed limit on the south portion of Foster Road from 30 to 35 mph. City Council also requested Engineering Services to study the north portion for an increase in speed limit.

Financial Impact: n/a

Related Vision Item: n/a


n/a

Attachments: Traffic count summary tables for counts taken from 2/14/12 to 2/15/12: At Foster at Sunset Map; Analyzer Study Northbound1 Service Road (SR) Foster; Report Northbound SR Foster; Analyzer Study Southbound1 SR Foster; Analyzer Study Southbound SR Foster

Presentation: City staff

Publication: n/a


Shawn Lewis, Director of Community and Economic Development, February 28, 2012

Approved by Legal: n/a

Date/Time/Volume/Average Speed/Temperature Report

State: TXStreet: Foster

Oper: KCLane: NB

Period: 15Hours: 24:00End: 02/16/2012 02:00 PMBegin: 02/15/2012 02:00 PMHI-Star ID: 4751

City: San AngeloCounty: Tom Green

Posted: 30AADT Factor: 1

Raw Count: 1690AADT Count: 1690

Count Avg Speed Temp Wet/DryNC97

02/15/2012

97 F14 27 mph Dry[02:00 PM-02:15 PM]

97 F27 29 mph Dry[02:15 PM-02:30 PM]

95 F32 32 mph Dry[02:30 PM-02:45 PM]

95 F25 30 mph Dry[02:45 PM-03:00 PM]

93 F29 32 mph Dry[03:00 PM-03:15 PM]

93 F27 30 mph Dry[03:15 PM-03:30 PM]

91 F32 30 mph Dry[03:30 PM-03:45 PM]

91 F29 31 mph Dry[03:45 PM-04:00 PM]

89 F34 32 mph Dry[04:00 PM-04:15 PM]

87 F40 32 mph Dry[04:15 PM-04:30 PM]

85 F36 32 mph Dry[04:30 PM-04:45 PM]

83 F35 31 mph Dry[04:45 PM-05:00 PM]

80 F33 33 mph Dry[05:00 PM-05:15 PM]

78 F39 32 mph Dry[05:15 PM-05:30 PM]

76 F37 32 mph Dry[05:30 PM-05:45 PM]

74 F24 31 mph Dry[05:45 PM-06:00 PM]

72 F26 34 mph Dry[06:00 PM-06:15 PM]

68 F33 29 mph Dry[06:15 PM-06:30 PM]

66 F31 34 mph Dry[06:30 PM-06:45 PM]

66 F30 32 mph Dry[06:45 PM-07:00 PM]

64 F21 36 mph Dry[07:00 PM-07:15 PM]

62 F27 28 mph Dry[07:15 PM-07:30 PM]

62 F27 29 mph Dry[07:30 PM-07:45 PM]

60 F16 39 mph Dry[07:45 PM-08:00 PM]

58 F18 32 mph Dry[08:00 PM-08:15 PM]

58 F26 32 mph Dry[08:15 PM-08:30 PM]

58 F13 32 mph Dry[08:30 PM-08:45 PM]

56 F14 30 mph Dry[08:45 PM-09:00 PM]

56 F10 33 mph Dry[09:00 PM-09:15 PM]

54 F17 37 mph Dry[09:15 PM-09:30 PM]

54 F13 30 mph Dry[09:30 PM-09:45 PM]

54 F4 33 mph Dry[09:45 PM-10:00 PM]

54 F11 32 mph Dry[10:00 PM-10:15 PM]

52 F5 35 mph Dry[10:15 PM-10:30 PM]

52 F12 30 mph Dry[10:30 PM-10:45 PM]

52 F6 34 mph Dry[10:45 PM-11:00 PM]

52 F5 25 mph Dry[11:00 PM-11:15 PM]

52 F6 28 mph Dry[11:15 PM-11:30 PM]

02/17/2012Date/Time/Volume/Average Speed/Temperature Report - HI-Star ID: 4751Page 1 of 3



02/15/2012

52 F1 28 mph Dry[11:30 PM-11:45 PM]

52 F4 30 mph Dry[11:45 PM-12:00 AM]

02/16/2012

52 F6 28 mph Dry[12:00 AM-12:15 AM]

52 F4 33 mph Dry[12:15 AM-12:30 AM]

50 F2 26 mph Dry[12:30 AM-12:45 AM]

50 F0 0 mph Dry[12:45 AM-01:00 AM]

50 F2 32 mph Dry[01:00 AM-01:15 AM]

50 F0 0 mph Dry[01:15 AM-01:30 AM]

50 F2 26 mph Dry[01:30 AM-01:45 AM]

50 F1 38 mph Dry[01:45 AM-02:00 AM]

50 F0 0 mph Dry[02:00 AM-02:15 AM]

48 F1 33 mph Dry[02:15 AM-02:30 AM]

48 F2 36 mph Dry[02:30 AM-02:45 AM]

48 F0 0 mph Dry[02:45 AM-03:00 AM]

48 F2 30 mph Dry[03:00 AM-03:15 AM]

48 F3 53 mph Dry[03:15 AM-03:30 AM]

48 F1 58 mph Dry[03:30 AM-03:45 AM]

48 F2 23 mph Dry[03:45 AM-04:00 AM]

46 F2 36 mph Dry[04:00 AM-04:15 AM]

46 F0 0 mph Dry[04:15 AM-04:30 AM]

46 F2 43 mph Dry[04:30 AM-04:45 AM]

44 F2 33 mph Dry[04:45 AM-05:00 AM]

44 F1 38 mph Dry[05:00 AM-05:15 AM]

44 F2 38 mph Dry[05:15 AM-05:30 AM]

44 F2 38 mph Dry[05:30 AM-05:45 AM]

44 F3 38 mph Dry[05:45 AM-06:00 AM]

44 F8 29 mph Dry[06:00 AM-06:15 AM]

46 F10 39 mph Dry[06:15 AM-06:30 AM]

46 F7 36 mph Dry[06:30 AM-06:45 AM]

46 F5 24 mph Dry[06:45 AM-07:00 AM]

46 F16 32 mph Dry[07:00 AM-07:15 AM]

46 F30 33 mph Dry[07:15 AM-07:30 AM]

46 F30 32 mph Dry[07:30 AM-07:45 AM]

48 F51 31 mph Dry[07:45 AM-08:00 AM]

48 F36 33 mph Dry[08:00 AM-08:15 AM]

50 F18 32 mph Dry[08:15 AM-08:30 AM]

50 F18 33 mph Dry[08:30 AM-08:45 AM]

52 F25 34 mph Dry[08:45 AM-09:00 AM]

52 F21 31 mph Dry[09:00 AM-09:15 AM]

54 F16 32 mph Dry[09:15 AM-09:30 AM]

52 F24 29 mph Dry[09:30 AM-09:45 AM]

54 F19 30 mph Dry[09:45 AM-10:00 AM]

58 F17 30 mph Dry[10:00 AM-10:15 AM]

58 F17 34 mph Dry[10:15 AM-10:30 AM]




02/16/2012

60 F31 31 mph Dry[10:30 AM-10:45 AM]

62 F25 30 mph Dry[10:45 AM-11:00 AM]

64 F20 34 mph Dry[11:00 AM-11:15 AM]

66 F28 31 mph Dry[11:15 AM-11:30 AM]

66 F33 31 mph Dry[11:30 AM-11:45 AM]

66 F32 31 mph Dry[11:45 AM-12:00 PM]

70 F28 32 mph Dry[12:00 PM-12:15 PM]

72 F42 31 mph Dry[12:15 PM-12:30 PM]

74 F26 34 mph Dry[12:30 PM-12:45 PM]

68 F34 28 mph Dry[12:45 PM-01:00 PM]

68 F31 33 mph Dry[01:00 PM-01:15 PM]

70 F25 32 mph Dry[01:15 PM-01:30 PM]

78 F26 34 mph Dry[01:30 PM-01:45 PM]

80 F30 33 mph Dry[01:45 PM-02:00 PM]


Computer Generated Summary ReportCity: San Angelo

Street: Foster

Nu-Metrics Traffic Analyzer Study

A study of vehicle traffic was conducted with HI-STAR unit number 2907. The study was done in the NB1 lane on Foster in San Angelo, TX in Tom Green county. The study began on 03/01/2012 at 09:00 AM and concluded on 03/02/2012 at 09:00 AM, lasting a total of 24 hours. Data was recorded in 15 minute time periods. The total recorded volume of traffic showed 50 vehicles passed through the location with a peak volume of 4 on 03/01/2012 at 05:15 PM and a minimum volume of 0 on 03/01/2012 at 09:00 AM. The AADT Count for this study was 50.

SPEEDChart 1 lists the values of the speed bins and the total traffic volume for each bin.

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0 13 1 14 1 19 0 1 0 1 0 0 0 0 0

At least half of the vehicles were traveling in the 20 - 24 mph range or a lower speed. The average speed for all classified vehicles was 25 mph with 42.0 percent exceeding the posted speed of 30 mph. The HI-STAR found 0.00 percent of the total vehicles were traveling in excess of 55 mph. The mode speed for this traffic study was 30 mph and the 85th percentile was 33.55 mph.

CLASSIFICATIONChart 2 lists the values of the eight classification bins and the total traffic volume accumulated for each bin.

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1 0 0 0 0 0148

Most of the vehicles classified during the study were Passenger Cars. The number of Passenger Cars in the study was 49 which represents 98.00 percent of the total classified vehicles. The number of Small Trucks in the study was 1 which represents 2.00 percent of the total classified vehicles. The number of Trucks/Buses in the study was 0 which represents 0.00 percent of the total classified vehicles. The number of Tractor Trailers in the study was 0 which represents 0.00 percent of the total classified vehicles.

HEADWAYDuring the peak time period, on 03/01/2012 at 05:15 PM the average headway between the vehicles was 180.0 seconds. The slowest traffic period was on 03/01/2012 at 09:00 AM. During this slowest period, the average headway was 900.0 seconds.

WEATHERThe roadway surface temperature over the period of the study varied between 52 and 107 degrees Fahrenheit. The HI-STAR determined that the roadway surface was Dry 100.00 percent of the time.

1Page:03/02/2012


Street: Foster


A study of vehicle traffic was conducted with HI-STAR unit number 4751. The study was done in the SB lane on Foster in San Angelo, TX in Tom Green county. The study began on 03/01/2012 at 09:00 AM and concluded on 03/02/2012 at 09:00 AM, lasting a total of 24 hours. Data was recorded in 15 minute time periods. The total recorded volume of traffic showed 933 vehicles passed through the location with a peak volume of 50 on 03/01/2012 at 05:00 PM and a minimum volume of 0 on 03/01/2012 at 11:30 PM. The AADT Count for this study was 933.


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0 3 16 31 118 274 278 131 46 21 5 4 1 2 0



Chart 20to20

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14 4 1 1 0 036874


HEADWAYDuring the peak time period, on 03/01/2012 at 05:00 PM the average headway between the vehicles was 17.65 seconds. The slowest traffic period was on 03/01/2012 at 11:30 PM. During this slowest period, the average headway was 900.0 seconds.


1Page:03/02/2012


Street: Foster


A study of vehicle traffic was conducted with HI-STAR unit number 2907. The study was done in the SB1 lane on Foster in San Angelo, TX in Tom Green county. The study began on 02/15/2012 at 02:00 PM and concluded on 02/16/2012 at 02:00 PM, lasting a total of 24 hours. Data was recorded in 15 minute time periods. The total recorded volume of traffic showed 535 vehicles passed through the location with a peak volume of 21 on 02/16/2012 at 07:30 AM and a minimum volume of 0 on 02/15/2012 at 08:45 PM. The AADT Count for this study was 535.


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0 3 5 24 94 104 128 78 62 13 7 8 4 2 2



Chart 20to20

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14 2 0 0 0 034484


HEADWAYDuring the peak time period, on 02/16/2012 at 07:30 AM the average headway between the vehicles was 40.91 seconds. The slowest traffic period was on 02/15/2012 at 08:45 PM. During this slowest period, the average headway was 900.0 seconds.


1Page:02/17/2012

City of San Angelo



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



Update from the Sub-Committee on Executive Search Firms for the recruitment of the City Manager position.

_________________________________________________________________________________

Summary: Update from the sub-committee on executive search firms for the recruitment of the City Manager position. History: At the February 21, 2012 Council meeting, a sub-committee was named to review the proposals received from executive search firms for the recruitment of candidates for the City Manager position. The sub-committee met on February 29, 2012. Sub-committee members Charlotte Farmer, Kendall Hirschfeld, Johnny Silvas and Lisa Marley were in attendance. The sub-committee reviewed the proposals of twelve (12) firms and narrowed the list to two (2) firms to interview. The interviews will be conducted in open session at the March 20, 2012 Council meeting. Financial Impact: To be determined once a firm is selected. Attachments: None.

Presented and Reviewed by: Lisa Marley, Director of Human Resources and Risk Management, March 2, 2012.

Agenda Packet March 6, 2012

Sports

Transcript of Agenda Packet March 6, 2012