January 22, 2013 Agenda Packet

City Council Agenda of 5 January 22, 2013

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, January 22, 2013

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

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

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamation

“School Board Recognition Month”, January 2013, to be accepted by Lanny Layman, Board President, San Angelo Independent School District

D. Recognition

Brian Groves, City of San Angelo Employee, for outstanding service and excellent work as the City’s Multimedia Coordinator

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 January 8, 2013 City Council Regular meeting minutes 2. Consideration of awarding bid WU-17-12 for Liquid Ferrous Chloride to Kemira Water Solutions, Inc.

(Mattesson, IL), in the amount of $85,120.00 and authorizing the City Manager to execute the related documents (submitted by Interim Water Utilities Director Ricky Dickson)

3. Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing City Manager to execute a service agreement in substantially the attached form between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resin


4. Consideration of awarding RFP FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group in the amount up to $114,743.00 and authorizing the City Manager to execute a service contract in substantially the attached form between the City of San Angelo and Siddons-Martin Emergency Group for the repair and maintenance of our Fire apparatus and Ambulance Fleet (submitted by Assistant Fire Chief Scott Farris)

5. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim) Deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 117 E 43rd Street, (Gonzalez), Lot 5, Block 19, Fair Park Addition, $1,500.00, Suit No. D-08-0023-T (submitted by Real Estate Administrator Cindy Preas)

6. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax-Resale (quitclaim) Deed for the purpose of Urban Redevelopment, conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment(s) located at 1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, B-06-0131-T (submitted by Real Estate Administrator Cindy Preas)

7. Consideration of authorizing the City Manager to execute amendment No. 1 to Task Order No. 18, and all related documents, between the City of San Angelo and KSA Engineers for architectural/engineering services associated with the Airport Layout Plan (ALP) update in the amount of $72,404.00 at San Angelo Regional Airport (submitted by Airport Director Luis Elguezabal)

8. Consideration of adopting a Resolution approving the “SNAPS” city-wide photography contest as recommended by the Public Art Commission (“program”); directing and authorizing the Parks & Recreation Department to facilitate and coordinate the program; and, providing for the deposit of revenues into, and disbursements for necessary expenditures and awards from designated city accounts (submitted by Parks and Recreation Director Carl White)

9. Consideration of adopting a Resolution approving bylaws of the City of San Angelo, Texas, Design and Historic Review Commission; and, directing that said bylaws be filed with the City Clerk (submitted by Planning Manager AJ Fawver)

10. Consideration of accepting the annual report of Records Management Program and consideration of adopting a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management Program (submitted by City Clerk Alicia Ramirez)

11. Consideration of adopting a Resolution granting a thirty foot five-inch (30’5”) variance from the required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by leaseholder Bruce L. Hitt, for city-owned property located at 1814 Cove Road (submitted by Interim Water Utilities Director Ricky Dickson)

12. Consideration of adopting a Resolution authorizing the City Manager to execute an airport property lease and license agreement with Skyline Aviation, Inc. as tenant, of certain property located at 8926 Hangar Road, San Angelo Regional Airport – Mathis Field (submitted by Airport Director Luis Elguezabal)

13. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez)

14. Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for Fiscal Year 2012-2013; and finding a public purpose and benefit (submitted by Police Chief Tim Vasquez)


15. Second Hearing and consideration of adopting Ordinances amending the Code related to Animal Control and fees: (submitted by Health Services Director Sandra Villarreal)

a. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;

b. AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;

c. AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

16. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager AJ Fawver) Z 12-18: David Mazur & Z 12-19: COSA Planning 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

17. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted by Planning Manager AJ Fawver) Z 12-17: CSA Materials 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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and


M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

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 551.071 to consult with attorney on a matter of attorney/client privilege

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

JOINT MEETING BETWEEN CITY COUNCIL AND DEVELOPMENT CORPORATION (see special agenda for further information) 9:00 A.M. – 10:30 A.M.

G. PUBLIC HEARING AND COMMENT

18. Presentation and discussion of the 96-gallon cart pilot program survey results conducted by Republic Services, and any action in connection thereto (Presentation by Interim Operations Director Shane Kelton and Robert Searls, Municipal Services Manager for Republic Services)

19. Consideration of adopting the 2012 San Angelo Cultural District Planning Study and any action related thereto (Presentation by Parks and Recreation Director Carl White and Howard Taylor, Director of the Museum of Fine Arts)

20. Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sam's Club Addition (Presentation by Planning Manager AJ Fawver)

21. First Public Hearing and consideration of an Ordinance annexing property within the San Angelo’s existing city limits and related matters: AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 20 ACRES LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL, ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY, OUT OF THE DEAF AND DUMB ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS OF SAID TERRITORY; DIRECTING THE FILING OF THE ORDINANCE IN THE MANNER REQUIRED BY LAW; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE (Presentation by Planning Manager AJ Fawver)


22. First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, and grants AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS (Presentation by Budget Manager Morgan Trainer)

23. Consideration of approving a naming rights proposal for the San Angelo soccer complex from Ener-Tel and authorizing the Mayor and/or City Manager to execute the agreement with Ener-Tel and Citywise Marketing (Presentation by Public Information Officer Anthony Wilson)

24. Discussion of residential customer’s water consumption information (Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

25. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 26. Announcements and consideration of Future Agenda Items

Scheduling of Strategic Planning Meeting 27. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, January 16, 2013, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

PROCLAMATION WHEREAS, The mission of public schools is to meet the diverse educational needs of all children

and to empower them to become competent, productive contributors to a democratic society and an ever-changing world; and

WHEREAS, Local school board members are committed to children and believe all children can

be successful life-long learners and that the best education is tailored to the individual needs of each child; and

WHEREAS, Local school board members work closely with parents, educational professionals,

and other community members to create the educational vision we want for our students; and

WHEREAS, Local school board members are responsible for ensuring the structure that provides

a solid foundation for our school system; and WHEREAS, Local school board members are strong advocates for public education and are

responsible for communicating the needs of the school district to the public and the public’s expectations to the district;

NOW THEREFORE, I, Alvin New, Mayor of the City of San Angelo, on behalf of the City Council, do hereby declare our appreciation to the members of the San Angelo Independent School Board and proclaim the month of January 2013, as

“SCHOOL BOARD RECOGNITION MONTH” in San Angelo and urge all citizens to join us in recognizing the dedication and hard work of local school board members and in working with them to mold an education system that meets the needs of both today’s and tomorrow’s children.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 22nd day of January, 2013.

THE CITY OF SAN ANGELO

____________________________________ ALVIN NEW, MAYOR

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 179 Tuesday, January 8, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 8, 2013, 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 Councilmember Morrison and pledge was led by Mayor New.

PROCLAMATIONS AND RECOGNITIONS

Western Towers for receiving the Texas Workforce Commission Employer of Excellence Texas Workforce Commission during the 16th Annual Texas Workforce Conference on November 29, 2012, was be received by Charles Anderson, owner of Western Towers

PUBLIC COMMENT

Public comment was made by citizen Bill Murray regarding the designated classification zone of his property and how the property is represented on the Comprehensive Master Plan.

CONSENT AGENDA

APPROVAL OF THE DECEMBER 18, 2012 CITY COUNCIL AND DOWNTOWN DEVELOPMENT COMMISSION JOINT AND CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BID WU-14-12 FOR WASTEWATER IRRIGATION PUMP TO XYLEM INCORPORATED / FLYGT PRODUCTS (CARROLTON, TX), IN THE AMOUNT OF $54,678.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY RELATED DOCUMENTS (SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #1 UP TO $400,000.00 BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN CONSTRUCTION, LLC ON THE HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR BRUSH CLEARING REQUIRED FOR THE EXPANSION OF THE WELL FIELD (SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)

AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR INTERIM WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS: (SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON)

3009 Red Bluff Circle, Lot 57, Group Red Bluff, $77,700.00 (Graves)

Minutes Vol. 104 January 8, 2013 2872 Red Bluff Road, Lot 34, Group Red Bluff, $88,200.00 (Reynolds) 3257 Red Bluff West, Lot 112, Group Red Bluff,$78,800.00 (Hettinga)

ADOPTION OF A RESOLUTION REQUESTING THE MEMBERS OF THE 83RD LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION AND PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM (SUBMITTED BY PARKS AND RECREATION DIRECTOR CARL WHITE) (PAGE 187, #2013-01-001)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A NONEXCLUSIVE EASEMENT FOR ACCESS AGREEMENT ON BEHALF OF THE CITY AS GRANTOR, WITH CHARLES BECKER AND NANCY BECKER, GRANTEES, BEING THE OWNERS OF A CERTAIN LANDLOCKED PARCEL OF REAL PROPERTY LOCATED AT 2059 CHRISTOVAL ROAD, FOR PURPOSES OF PERMITTING A RIGHT-OF-WAY OVER WHICH GRANTEES SHALL CONSTRUCT A ROAD FOR PEDESTRIAN AND VEHICULAR ACCESS TO AND FROM CHRISTOVAL ROAD AND SAID LANDLOCKED PARCEL AND ADJACENT PROPERTY OWNED BY THE CITY, FOR JOINT USE OF THE PARTIES (SUBMITTED BY INTERIM WATER UTILITIES DIRECTOR RICKY DICKSON) (PAGE 189, #2013-01-002)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING THE 2012-2013 BUDGET FOR GRANTS, NEW PROJECTS AND INCOMPLETE PROJECTS (SUBMITTED BY BUDGET MANAGER MORGAN TRAINER)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS

Motion, to approve the Consent Agenda, as presented, with the exception of the Archer Western Construction change order, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

PUBLIC HEARING AND COMMENT

AUTHORIZATION FOR staff to negotiate and THE CITY MANAGER TO EXECUTE a CHANGE ORDER #1 UP TO $400,000.00 BETWEEN THE CITY OF SAN ANGELO AND ARCHER WESTERN CONSTRUCTION, LLC ON THE HICKORY BOOSTER PUMP STATION PROJECT (WU-05-12) FOR BRUSH CLEARING REQUIRED FOR THE EXPANSION OF THE WELL FIELD

Interim Water Utilities Director Ricky Dickson presented background information.

General discussion was held on the funding of the project provided as a loan by the Water Development Board and whether such cost maybe reimbursed, the importance to proceed with the necessary brush clearing, the negative impacts should the City not approve the change order,

Motion, to authorize to proceed, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams.

Further discussion was held on the planned projected use, the data regarding the amount of water available as provided by hydrologist.

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

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

Z 12-18: David Mazur & Z 12-19: COSA Planning

Minutes Page 181 January 8, 2013 Vol. 104 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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously. FIRST PUBLIC HEARING AND INTRODUCTION AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 12-17: CSA Materials

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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record.

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

APPROVAL OF AN APPEAL OF PLANNING COMMISSION'S DECISION TO DENY CASE NUMBER CU 12-14, REQUESTING APPROVAL OF A CONDITIONAL USE TO ALLOW FOR “HOUSEHOLD LIVING” FOR AN AREA CURRENTLY ZONED GENERAL COMMERCIAL (CG), SPECIFICALLY AT AN UNADDRESSED TRACT OF LAND ON THE NORTHWEST CORNER OF KNICKERBOCKER ROAD AND VALLEYVIEW BOULEVARD, MORE SPECIFICALLY OCCUPYING THE SOUTH HILLS ADDITION, BLOCK 51, LOTS 3 THROUGH 10 IN SOUTH CENTRAL SAN ANGELO

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on possible conditional uses and how much detail may be imposed as part of the approval, possible detail to conform within the surroundings, pros and cons with the residential use designation, traffic concerns, quality of construction and conforming with the neighborhood, availability and possibly authorizing architectural restrictions, Public comments were made by Proponent Brad Morris, Home Builder Louis Blanek, Realtor Nancy Vincent,

Minutes Vol. 104 January 8, 2013 Opponents Greg Keeling, Frieda Ingram, Mona Leggett, Bill Robbins, EJ Roberts, Jim Whitten, and Chris Zapata. Responding to questions by Councilmember Farmer, Mr. Morris stated his company will be the managers of the community and Mr. Keeling agreed to consider a gated community. Planning Manager AJ Fawver informed of the complications of private street ownership. Councilmember Alexander suggested an RS-1 designation; implement architectural restrictions Motion, to remand the item to the Planning Commission, allow specific restrictions and conditions, to include specific architectural restrictions that conform with the vision of the proponents, builders, and nearby residential owners, was made by Councilmember Alexander. Motion failed due to the lack of a second. Motion, to overturn the appeal of the Planning Commission subject to the conditions that the Planning Department provide oversight of the construction and issues addressed ensuring conformance and compatibility of the existing neighborhood, and allow the submittal of appeals to the City Council, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Ms. Fawver stated the legal requirements do not allow the case to be remanded to the commission, but Council can designate to another body, e.g. staff, department, or Planning Commission. Councilmember Hirschfeld must conform or visually compatible with surrounding neighborhood, thereby providing flexibility to the builder and developer. A vote was taken on the motion on the floor. AYE: New, Alexander, Morrison, Silvas, Hirschfeld, and Farmer. NAY: Adams. Motion carried 6-1. RECESS

At 11:14 A.M., Mayor New called a recess.

RECONVENE

At 11:30 A.M., Council reconvened, and the following business was transacted:

PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 8.995 ACRE TRACT EXTENDING NORTHWEST FROM MILLS PASS DRIVE, AND LOCATED EAST OF THE COMMUNITY OF FAITH SUBDIVISION AND SOUTHWEST OF THE SAM'S CLUB ADDITION

Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplement Record. Mayor New opened the floor to provide public comment for and against the annexation. No comments were made. Mayor New closed the public comment period. PUBLIC COMMENTS FOR AND AGAINST ANNEXATION OF CERTAIN PROPERTIES SITUATED IMMEDIATELY WEST/SOUTHWEST OF SAN ANGELO AND ENCOMPASSING A VACANT 20.00 ACRE TRACT LOCATED AT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL Planning Manager AJ Fawver presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record.

Mayor New opened the floor to provide public comment for and against the annexation. No comments were made. Mayor New closed the public comment period. APPROVAL OF MATTERS RELATED TO REQUEST FOR PROPOSAL HR-01-12:

Minutes Page 183 January 8, 2013 Vol. 104 • DISCUSSION OF PROPOSALS SUBMITTED FOR REQUEST FOR PROPOSAL HR-01-12 FOR

INDIVIDUAL AND AGGREGATE STOP LOSS INSURANCE

• SELECTION OF AMWINS FIDELITY AS THE BENEFIT PROVIDER RELATED TO REQUEST FOR PROPOSAL HR-01-12, AUTHORIZING STAFF TO NEGOTIATE A CONTRACT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY RELATED DOCUMENTS

Human Resources Director Lisa Marley presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to approve and select AmWins, including changing terms and related increased cost, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. General discussion was held on the extension of the terms and analyzing the costs and terms for future years. A vote was taken on the motion on the floor. Motion carried unanimously. POSTPONEMENT Of ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITH SKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGAR ROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD AIRPORT

Mayor New informed the item has been tabled to a future meeting. Council concurred. ADOPTION OF A RESOLUTION TO EXECUTE A LEASE OF THE FOSTER COMMUNICATIONS COLISEUM TO UNDERWATER FOOTBALL, LLC, D/B/A THE SAN ANGELO BANDITS, FOR SCHEDULED INDOOR FOOTBALL GAMES FOR THE 2013, 2014, AND 2015 INDOOR FOOTBALL LEAGUE SEASONS Civic Events Manager Angelica Pena presented background information. A copy of the presentation is part of the Permanent Supplement Record. Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. General discussion was held on the number of teams on the league, working with local youth groups, A vote was taken on the motion on the floor. Motion carried unanimously. RECESS

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

RECONVENE

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

EXECUTIVE/CLOSED SESSION

At 12:28 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; 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)

Minutes Vol. 104 January 8, 2013 At 1:10 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:10 P.M., Mayor New called a recess.

RECONVENE

At 1:19 P.M., Council reconvened, and the following business was transacted:

AWARD OF BID VM-09-12 FOR POLICE PATROL VEHICLES, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

Police Chief Tim Vasquez presented background information. A copy of the report/presentation is part of the Permanent Supplemental Record.

General discussion was held on gas consumption, weight differential between the sedan and utility vehicle, number of vehicle replacements, expressed concerns on increased costs, and trial test for consideration of future purchase.

Motion, to award, as presented, was made by Councilmember Adams and seconded by Councilmember Alexander.

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

DISCUSSION OF RESIDENTIAL CUSTOMER’S WATER CONSUMPTION INFORMATION

Assistant City Manager Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplement Record. General discussion was held on why the City billed on per 1,000 gallon methodology, under billing or rounding down for the billing period versus actual usage, the effect on the sewage fee and any related cost for a particular month, empowering customers to manage their usage, and providing additional month reports with average rainfall. Councilmember Silvas requested data for the summer months, specifically August. FAILURE OF THE DESIRABILITY FOR AN INDEPENDENT AUDIT AND INVESTIGATION OF WATER UTILITIES DEPARTMENT; DISCUSSION AND CONSIDERATION OF THE OBJECTIVES, SCOPE, AND PARAMETERS OF SUCH INDEPENDENT AUDIT AND INVESTIGATION

Requested by Councilmember Morrison, City Manager Daniel Valenzuela informed the issues are being addressed, leadership has changed, concerns are being researched and resolved, and staff is taking steps to correct any issues or discrepancies.

Councilmember Morrison noted should this statement been made at the beginning of his request, read statements into the record,

He commended staff for assisting citizens with issues with their utility statements.

Mr. Valenzuela requested citizens or petitioners contact the department directly in order to resolve their issues, staff is continuously catching anomalies

Councilmember Morrison regarding water department and generated revenue; rebate process, balance of water rebate, appropriation of revenue to the correct account, and where the revenues are expended

Mr. Valenzuela stated issues have been acknowledged and requested staff be allowed the necessary time to

Minutes Page 185 January 8, 2013 Vol. 104 review the accounting of the various accounts, allowing the new management to address the concerns, and such a request should be determined by management.

General discussion was held on the circulated petition, the limited information to respond to the petitioners, providing the opportunity to staff to resolve the issues, current leadership of the department, implemented changes,

Direction to staff to authorize the Auditors to inspect the ledger assignments, specifically track the incoming funding and ensuring the funds are allocated to the appropriate accounts, for this year and future audits. Also recommended City Manager and Interim Water Utilities Director Ricky Dickson present any findings to Council, specifically regarding the meters, meter reading, and any billings which are out of the norm.

Motion, to hire an external investigator to investigate the Water Department and water billing procedure to investigate how the funds are being appropriated and ensuring the funds are being appropriated correctly, was made by Councilmember Morrison and seconded by Councilmember Alexander.

Public comment was made by Citizen Jim Turner.

A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams, Hirschfeld, and Farmer. Motion failed 3-4.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

Setting a meeting, of no more than 3 person, regarding the support of Hotel/community housing, volunteers: New, Adams, and Alexander

Railroad growth: in coordination with the new legislation session: Councilmember Hirschfeld and Farmer

City Manager Daniel Valenzuela distributed the proposed January 22, 2013 Agenda and solicited Council comments and suggestions.

Councilmember Farmer – feasibility of utilizing actual versus under billing on the City’s utility statement

Councilmember Alexander: city inability to handle growth

- City’s inability to react to change, specifically oil boom growth, internal policy change (water billing issues)

- Should be aware of conventional thinking and react to quickly

Councilmember Adams: annexation issue near colisum

Councilmember Silvas - update on concho river project (include pictures)

City Manager Daniel Valenzuela – Strategic meeting on 2/19

ADJOURNMENT

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

The meeting adjourned at 2:53 P.M.


Minutes Vol. 104 January 8, 2013

___________________________________ Alvin New, Mayor

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

City of San Angelo Water Utilities

Memo Date: January 3, 2013

To: Mayor and Councilmembers

From: Ricky Dickson, Interim Water Utilities Director

Subject: Consent Agenda Item for January 22, 2013 Council Meeting

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

Caption: Consideration of awarding Water Utilities Bid, “WU-17-12” for Liquid Ferrous Chloride to Kemira Water Solution, Inc. for the calculated amount of $85,120.00.

Summary: Bids have been received from Kemira Water Solutions, Inc. for liquid ferrous chloride. The bids were mailed to five suppliers and the only bid was received from Kemira Water Solutions, Inc. Financial Impact: Bid amount is calculated on a price per pound for the estimated quantities used by the Water Reclamation Facility. Estimated quantities are for 112,000 lbs @ $0.76 for a total of $85,120.00. Funds are budgeted in operating funds for the Water Reclamation Facility. Related Goal Item: The liquid ferrous chloride is used for odor and corrosion control at the Water Reclamation Facility. Other Information/Recommendation: It is recommended the bid from Kemira Water Solutions, Inc. be accepted. Attachment: Bid tabulation. Presentation: None Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director January 3, 2013

C:\Users\bryan.kendrick\Desktop\01-22-13\02b PUR WU-17-12 Bid Tab

City of San AngeloRFB WU-17-12 / Liquid Ferrous ChlorideBid Opening 12/21/2012 @ 2:pm

Item No.Percent of Ferrous Iron Pounds of FE Price per Pound Total Bid

1 10.50% 46,100 0.76 3,678.78$

3 daysNet 30

Kemira Water Solutions, InMattesson IL Unable to ForwardEnviromental Chemical CoSan Antonio, TX Unable to ForwardKemira Water Solutions, InLawrence, KSBrenntag Southwest Houston, TX No BidPVS Chemicals Detroit, MI No Bid

Bids Mailed to:

Kemira Water Solutions, Inc. (Lawrence, KS)

Estimated Delivery Time (In Calendar

City of San Angelo




Subject: Agenda Item for January 22, 2013 Council Meeting

Contact: Ricky Dickson; 657-4209

Caption: Consent Item

Consideration of awarding RFP WU-16-12 Hickory Water Supply Project, Radium Removal System to Water Remediation Technology, LLC in the amount of $150,000.00 for the design of the radium removal equipment and authorizing the City Manager to execute a service agreement in substantially the attached from between the City of San Angelo and Water Remediation Technology, LLC for maintenance and disposal of spent resin

Summary: RFP WU-16-12 was advertised for selection of a system and resin supplier of radium removal equipment. Proposals have been received from a single equipment/media supplier. The single supplier Water Remediation Technology, LLC is therefore selected to provide equipment and ion exchange media required to remove radium from the Hickory groundwater. The selected vendor will provide information necessary to complete the design of the Hickory groundwater treatment plant. Bid prices will also be utilized to enable city staff to negotiate a service agreement. The service agreement will be brought to Council for approval.

History: This project is part of the groundwater treatment plant project that will be bid at a future date. Projects completed or under construction include the Well Field Pipelines, 30” Transmission Main and the Booster Pump Station and Well Field. Future projects will be related to the well field expansion.

Financial Impact: Bid amount $150,000.00. Funded from the Texas Water Development loan program proceeds in the amount of $120,000,000.

Related Vision Item

(if applicable):

Long term water supply.

Other Information/ Recommendation:

Staff recommends the bid be accepted and the City Manager be authorized to execute the contract documents.

Attachments: Bid Tabulation and Draft Contract

Presentation: None.

Publication: None.

Reviewed by Director:

Ricky Dickson, Interim Water Utilities Director; 657-4209

Approved by Legal: 12/19/12

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: WU-16-12/Radium Removal SystemJanuary 15, 2013/2:30PM

No. Item Unit Est Qty1 Radium Removal System LS 12 Submittals and Design LS 1

Total Bid

WRT

Total Price $ 4,839,500.00 150,000.00

4,989,500.00

C:\Documents and Settings\Kevin.Krueger\Local Settings\Temporary Internet Files\Content.Outlook\ZEXODQWZ\Bid Tab WU1612 minus alt

Bids Mailed To:WRT Aurora COLayne Tyler TXThe Brandt Companies, LLC Carrollton TX

C:\Documents and Settings\Kevin.Krueger\Local Settings\Temporary Internet Files\Content.Outlook\ZEXODQWZ\Bid Tab WU1612 minus alt

December 2012 00_52_00-1 8173A10 600 pw://Carollo/Documents/Client/TX/San Angelo/8173A10 600 Treatment Plant/Specifications/Procurement Documents/00_52_00 (Final_A)

DOCUMENT 00_52_00

AGREEMENT

NOTICE This is the City’s standard form of agreement for projects of this type and applies only to the Submittals and Design Information Services Contract portion of the Scope of Work and applies only to the Submittals and Design Information Services Contract portion of the Scope of Work. The specified insurance requirements in Section 179 of this agreement are applicable to this project. After proposals are opened and the City has determined its recommendation, a final agreement for the Supplier’s signature will be prepared. The appropriate sections will be completed with an accurate summary of the description of work to be awarded and the bid price recommended to Council, including all alternates, options and addenda to be awarded. This agreement must be finalized by the CITY, and signed by the Supplier, prior to the award of the bid by the City Council.

SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN ANGELO AND _________________________

RFP WU-16-12

This Agreement is entered into this ___ day of ____________, 2013 (but effective as of

___________________) by and between the City of San Angelo, a municipal corporation of the

State of Texas (“City”) and ________________a corporation (“Supplier”).

RECITAL

A. City is in need of securing a long term usable water treatment system for its potable

water supply (“Project”), and in that connection, is seeking technical expertise and

services to the design and implement of a radium removal water treatment system

(“Services”). The project site will be on City property located at 327 East Avenue I,

San Angelo, Texas, also known as the City Water Production Facility (“Site”).

B. City has issued Request for Proposal for Water Utilities Hickory Water Supply

Project Radium Removal System No. WU-16-12 (“RFP No. WU-16-12”) at San

Angelo, Texas to procure Services, and Supplier’s bid, in response thereto, has been

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


C. On _______________, 2013, the City Council of the City of San Angelo, approved

the selection of Supplier and authorized the City Manager to execute an agreement

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

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

herein contained, Supplier and City agree as follows:

TERMS

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

made a part of this Agreement.

2. TIME FOR PERFORMANCE:

Supplier shall perform Services under this Agreement in accordance with the following

time schedule:

A. RADIUM REMOVAL SYSTEM CONTRACT BETWEEN SUPPLIER AND

GENERAL CONTRACTOR FOR PROJECT

(1) City shall provide Supplier the copy of the Notice of Award to the General Contractor

for Project (“General Contractor”).

(2) Within thirty (30) calendar days of receipt of the Notice of Award to the General

Contractor from City, Supplier shall execute a contract with General Contractor for

the provision of a radium removal system in accordance with the specifications set

out in RFP No. WU-16-12 and submit a copy of such executed contract to City.

B. SUBMISSION OF RADIUM REMOVAL SYSTEM DESIGN-PHASE

SUBMITTALS

(1) City shall provide Supplier the copy of the Notice to Proceed for Project.


(2) Within thirty (30) calendar days of receipt of the Notice to Proceed from City,

Supplier shall submit the radium removal system design-phase submittals as defined

in Section 46_63_11 except those submittals required by Section 40_61_05 in

accordance with the specifications set out in RFP No. WU-16-12 to Engineer for

approval. Within sixty (60) calendar days of receipt of the Notice to Proceed from

City, Supplier shall submit the submittals specified in Section 40_61_05 to Engineer

for approval.

(2)

C. DELIVERY OF RADIUM REMOVAL SYSTEM EQUIPMENT

(1) Contractor shall provide Supplier the copy of the Notice to Commence Manufacture

for the Project.

(2) Within twenty-four (24) weeks, upon Supplier’s receipt of the Notice to Commence

Manufacture from Contractor, Supplier shall manufacture and deliver the radium

removal system to Site in accordance with the specifications set out in RFP No. WU-

16-12. Supplier shall coordinate said delivery with the General Contractor for

Project.

3. SCOPE OF SERVICE:

A. Supplier agrees to perform Services as specifically described, and subject to the

special terms and conditions set forth in RFP No. WU-16-12, which by this reference is

incorporated as if fully set out herein.

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

licenses and expertise required for the performance of Services; including but not limited to full

qualification to do business in the State of Texas(ii) it is not delinquent in the payment of any

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sums due City, including payment of permit fees, occupational licenses, etc., nor in the

performance of any obligations to City; (iii) all personnel assigned to perform Services are and

shall be, at all times during the term hereof, fully qualified and trained to perform the tasks

assigned to each; and (iv) Services will be performed in the manner, at such times, and for the

budgeted amounts described in, Exhibit Attachment “A” Fee and Payment Schedule attached

hereto, which by this reference is incorporated into this Agreement, and (v) each person

executing this Agreement on behalf of Supplier has been duly authorized to so execute the same

and fully bind Supplier as a party to this Agreement.

4. COMPENSATION:

A. The amount of compensation payable by City to Supplier for Service shall be

based on the Compensation described under Exhibit Attachment “A” Fee and Payment Schedule

B. Absent an amendment to this Agreement, additional services and expenses are not

included in Compensation shall only be provided upon a written amendment entered into by City

and Supplier and with prior approval by City Council. City shall not be liable for any costs, fees,

expenses or charges beyond Compensation.

C. Unless otherwise specifically provided in Attachment “A”, payment shall be

made within thirty (30) calendar days after receipt of Supplier’s invoice, which shall be

accompanied by sufficient supporting documentation and contain sufficient detail, to allow a

proper audit of expenditures should City require one to be performed. No advance payments

shall be made at any time.

5. LIQUIDATED DAMAGES: Supplier acknowledges that General Contractor is

required to perform timely under its contract for Project with City and that Supplier’s time of

performance under this Agreement is of the essence. Supplier further acknowledges that delay in

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Supplier’s performance under this Agreement will adversely impact City and the ability of

General Contractor to timely perform under its contract with City and that City and General

Contractor will suffer financial loss if Services are not complete by the time as specified in RFP

No. WU-16-12, plus any extensions thereof allowed. City and Supplier agree that a reasonable

estimate of liquidated damages for any delay (but not as a penalty) for Supplier providing

Services would be for Supplier to pay City Two Thousand and 00/100 Dollars ($2,000.00) for

each calendar day that expires after the time specified under Section 2.B.(2). Time For

Performance hereunder. Therefore, Supplier shall pay as liquidated damages Two Thousand and

00/100 Dollars ($2,000.00) for each calendar day that expires after the time specified under

Sections 2.B.(2) and 2.C.(2). Time of Performance hereunder. The Supplier will only be charged

liquidated damages for late equipment delivery if the Supplier’s delay causes the General

Contractor to miss a deadline and, therefore, be charged liquidated damages by the City.

6. CONTRACT DOCUMENTS: The following documents from the City of San

Angelo are incorporated herein by reference for all purposes, as if fully set out verbatim:

Request for Bid for the Water Utilities Hickory Water Supply Project Radium Removal

System No. WU-16-12 (“RFP No. WU -16 -12”)

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

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

entered by Supplier and City.

7. ADDITIONAL SUPPLIER’S REPRESENTATIONS:

In order to induce City to enter into this Agreement, Supplier makes the following

representations to City:

A. Supplier has familiarized itself with the nature and extent of the Contract

Documents, Work, and with all local conditions and federal, state and local laws.


B. Supplier has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of Services at the Contract Price, within

the Contract Time and in accordance with the other terms and conditions of the Contract

Documents; and no additional examinations, investigations or similar data are, or will be

required by Supplier for such purposes.

C. Supplier has given City advanced written notice of all conflicts, errors, or

discrepancies that it has discovered in the Contract Documents prior to bidding and the written

resolution thereof by City is acceptable to Supplier.

D. Supplier is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

8. OWNERSHIP OF DOCUMENTS: Supplier understands and agrees that any

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

Supplier or which is otherwise obtained or prepared by Supplier pursuant to or under the terms of

this Agreement is and shall at all times remain the property of City. Supplier agrees not to use

any such information, document, report or material for any other purpose whatsoever without the

written consent of City, which may be withheld or conditioned by City in its sole discretion. The

City will keep confidential any information noted by Supplier as being ‘confidential’ to the

extent allowed by law.

9. AUDIT AND INSPECTION RIGHTS:

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

the date of final payment by City to Supplier under this Agreement, audit, or cause to be audited,

those books and records of Supplier which are related to Supplier’s performance under this


Agreement. Supplier agrees to maintain all such books and records at its principal place of

business for a period of three (3) years after final payment is made under this Agreement.

B. City may, at reasonable times during the term hereof, inspect Supplier’s facilities

and perform such tests, as City deems reasonably necessary, to determine whether the goods or

services required to be provided by Supplier under this Agreement conform to the terms hereof

and/or the terms of the Solicitation Documents, if applicable. Supplier shall make available to

City all reasonable facilities and assistance to facilitate the performance of tests or inspections by

City representatives. All tests and inspections shall be subject to, and made in accordance with,

the provisions of City of San Angelo Code of Ordinances, as same may be amended or

supplemented from time to time.

10. AWARD OF AGREEMENT: Supplier represents and warrants to City that it has

not employed or retained any person or company employed by City to solicit or secure this

Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,

percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award

of this Agreement..

11. PUBLIC RECORDS: Supplier understands that the public shall have access, at all

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

provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the

public to all documents subject to disclosure under applicable law. Supplier’s failure or refusal

to comply with the provisions of this section shall result in the immediate cancellation of this

Agreement by City.

12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Supplier

understands that agreements between private entities and local governments are subject to certain


laws and regulations, including laws pertaining to public records, conflict of interest, record

keeping, etc. City and Supplier agree to comply with and observe all applicable laws, codes and

ordinances as they may be amended from time to time.

13. INDEMNIFICATION: Supplier shall indemnify, defend and hold harmless City

and its officials, employees, Engineer, and agents (collectively referred to as “Indemnitees”) and

each of them from and against all loss, costs, penalties, fines, damages, claims, expenses

(including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any

injury to or death of any person or damage to or destruction or loss of any property arising out of,

resulting from, or in connection with (i) the performance or non-performance of Services

contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in

whole or in part, by any act, omission, default or negligence (whether active or passive or in

strict liability) of Supplier or its employees, agents or sub-suppliers (collectively referred to as

“Supplier”), regardless of whether it is, or is alleged to be, caused in whole or part (whether

joint, concurrent or contributing) by any act, omission, default or negligence (whether active or

passive) of the Indemnitees, or any of them or (ii) the failure of Supplier to comply with any of

the paragraphs herein or the failure of Supplier to conform to statutes, ordinances, or other

regulations or requirements of any governmental authority, local, federal or state, in connection

with the performance of this Agreement. Supplier expressly agrees to indemnify defend and

hold harmless the Indemnitees, or any of them, from and against all liabilities which may be

asserted by an employee or former employee of Supplier, or any of its sub-Suppliers, as provided

above, for which Supplier’s liability to such employee or former employee would otherwise be

limited to payments under state Workers’ Compensation or similar laws. Supplier further agrees

to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all


Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation,

condition, or requirement, related directly to Supplier’s negligent performance under this

Agreement, compliance with which is left by this Agreement to Supplier, and (ii) any and all

claims and/or suits for labor and materials furnished by Supplier or utilized in the performance of

this Agreement or otherwise.

Supplier’s obligations to indemnify, defend and hold harmless the Indemnitees shall

survive the termination of this Agreement.

Supplier understands and agrees that any and all liabilities regarding the use of any sub-

supplier for Services related to this Agreement shall be borne solely by Supplier throughout the

duration of this Agreement and that this provision shall survive the termination of this

Agreement.

14. DEFAULT: If Supplier fails to comply with any term or condition of this Agreement,

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

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

immediately, upon written notice to Supplier, terminate this Agreement whereupon all payments,

advances, or other compensation paid by City to Supplier while Supplier was in default shall be

immediately returned to City. Supplier understands and agrees that termination of this

Agreement under this section shall not release Supplier from any obligation accruing prior to the

effective date of termination. Should Supplier be unable or unwilling to commence to perform

Services within the time provided or contemplated herein, then, in addition to the foregoing,

Supplier shall be liable to City for all expenses incurred by City in preparation and negotiation of

this Agreement, as well as all costs and expenses incurred by City in the re-procurement of

Services, including consequential and incidental damages.


15. RESOLUTION OF CONTRACT DISPUTES: Supplier understands and agrees that

all disputes between Supplier and City based upon an alleged violation of the terms of this

Agreement by City shall be submitted to the City Manager for his/her resolution, prior to

Supplier being entitled to seek judicial relief in connection therewith. In the event that the

amount of compensation hereunder exceeds Twenty-five Thousand and No/100 Dollars

($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.

Supplier shall not be entitled to seek judicial relief unless: (i) it has first received the City

Manager’s written decision, approved by City Council if the amount of compensation hereunder

exceeds Twenty-five Thousand and No/100 Dollars ($25,000.00), or (ii) a period of sixty (60)

calendar days has expired, after submitting to the City Manager a detailed statement of the

dispute, accompanied by all supporting documentation (90 calendar days if the City Manager’s

decision is subject to City Council approval); or (iii) City has waived compliance with the

procedure set forth in this section by written instruments, signed by the City Manager.

16. CITY’S TERMINATION RIGHTS:

A. City shall have the right to terminate this Agreement, in its sole discretion, at any

time, by giving written notice to Supplier at least five (5) business days prior to the effective date

of such termination. In such event, City shall pay to Supplier compensation for services

rendered and expenses incurred prior to the effective date of termination. In no event shall City

be liable to Supplier for any additional compensation, other than that provided herein, or for any

consequential or incidental damages.

B. City shall have the right to terminate this Agreement, without notice to Supplier,

upon the occurrence of an event of default hereunder. In such event, City shall not be obligated


to pay any amounts to Supplier and Supplier shall reimburse to City all amounts received while

Supplier was in default under this Agreement.

17. INSURANCE: Supplier shall, at all times during the term hereof, maintain such

insurance coverage as may be required by City. All such insurance, including renewals, shall be

subject to the approval of City for adequacy of protection and evidence of such coverage shall be

furnished to City on Certificates of Insurance indicating such insurance to be in force and effect

and providing that it will not be canceled during the performance of Services under this contract

without thirty (30) calendar days prior written notice to City. Completed Certificates of

Insurance shall be filed with City prior to the performance of services hereunder, provided,

however, that Supplier shall at any time upon request file duplicate copies of the policies of such

insurance with City.

A. If, in the judgment of City, prevailing conditions warrant the provision by

Supplier of additional liability insurance coverage or coverage which is different in kind, City

reserves the right to require the provision by Supplier of an amount of coverage different from

the amounts or kind previously required and shall afford written notice of such change in

requirements thirty (30) calendar days prior to the date on which the requirements shall take

effect. Should Supplier fail or refuse to satisfy the requirement of changed coverage within

thirty (30) calendar days following City’s written notice, this Contract shall be considered

terminated on the date that the required change in policy coverage would otherwise take effect.

B. Supplier understands and agrees that any and all liabilities regarding the use of

any of Supplier’s employees or any of Supplier’s sub-suppliers for Services related to this

Agreement shall be borne solely by Supplier throughout the term of this Agreement and that this

provision shall survive the termination of this Agreement. Supplier further understands and


agrees that insurance for each employee of Supplier and each sub-supplier providing Services

related to this Agreement shall be maintained in good standing and approved by the City Risk

Management Administrator throughout the duration of this Agreement.

18. SPECIAL INSURANCE AND INDEMNIFICATION RIDER

A. GENERAL INDEMNIFICATION. SUPPLIER AGREES TO INDEMNIFY,

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

MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND

EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,

DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES,

DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY

PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF SUPPLIER OR

CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO

PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW

OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF

COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF SUPPLIER, ITS AGENTS OR

EMPLOYEES, OR THE JOINT NEGLIGENCE OF SUPPLIER AND ANY OTHER ENTITY,

AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT

OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING

CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY SUPPLIER HEREUNDER.

THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS

LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL

REQUIRE SUPPLIER TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY

INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE

OR WILLFUL MISCONDUCT.

B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR

IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT

AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO


EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY

DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY

LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST

CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS

OF SUPPLIER IN PERFORMING UNDER THIS AGREEMENT.

C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS

AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO

CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM

OF PREVIOUS AGREEMENTS BETWEEN CITY AND SUPPLIER.

19. INSURANCE:

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

insurance policies obtained by Supplier for the purpose of complying with this

Agreement.

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

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

Texas.

2) Named Insured. All insurance policies required herein shall be drawn in

the name of Supplier, with City, its council members, board and commission members,

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

insureds, except on Workers’ Compensation coverage.

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

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

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

and employees.

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

Agreement, Supplier shall furnish City’s Risk Manager with certificates of insurance as

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

required coverage and limits of insurance. All certificates of insurance shall clearly state


that all applicable requirements have been satisfied. The certificates shall provide that

any company issuing an insurance policy shall provide to City not less than thirty (30)

days advance notice in writing of cancellation, non-renewal, or material change in the

policy of insurance. In addition, Supplier and insurance company shall immediately

provide written notice to City’s Risk Manager upon receipt of notice of cancellation of

any insurance policy, or of a decision to terminate or alter any insurance policy. Copies

of required endorsements will be attached to the certificates to confirm the required

endorsements are in effect. Certificates of insurance and notices of cancellations,

terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72

West College Avenue, San Angelo, Texas 76903.

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

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

part of the indemnification provisions of this Agreement. Supplier’s obligations are,

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

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

Failure of Supplier to maintain adequate coverage shall not relieve Supplier of any

contractual responsibility or obligation.

6) Sub-suppliers’ Insurance. Supplier shall cause each Sub-supplier and Sub-

sub-supplier of Supplier to purchase and maintain insurance of the types and in the

amounts specified below. Supplier shall require Sub-suppliers and Sub-sub-suppliers to

furnish copies of certificates of insurance to Supplier’s Risk Manager evidencing

coverage for each Sub-supplier and Sub-Sub-supplier.

B. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Supplier shall

obtain and continuously maintain in effect at all times during the term hereof, at Supplier’s sole

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

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

policy and shall protect Supplier and additional insured against all claims arising from

bodily injury, sickness, disease or death of any person (other than Supplier’s employees)

and damage to property of City or others arising out of the act or omission of Supplier or

its agents and employees. This policy shall also include protection against claims for the


contractual liability assumed by Supplier under the paragraph of this Agreement entitled

“Indemnification,” including completed operations, products liability, contractual

coverage, broad form property coverage, explosion, collapse, underground,

premises/operations, and independent suppliers (to remain in force for two years after

final payment). Coverage limits shall not be less than:

$3,000,000.00 General Aggregate $1,000,000.00 Products – Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence 2) Business Automobile Liability. This policy shall be written in

comprehensive form and shall protect Supplier and the additional insureds against all

claims for injuries to members of the public and damage to property of others arising

from the use of motor vehicles and shall cover operation on and off the premises of all

motor vehicles licensed for highway use, whether they are owned, non-owned or hired.

Coverage shall be as follows:

$1,000,000.00 Each Accident Limit 3) Workers’ Compensation and Employer’s Liability. If Supplier hires any

employees, Supplier shall maintain Workers’ Compensation and Employer’s Liability

insurance, which shall protect Supplier against all claims under applicable state workers’

compensation laws and employer’s liability. The insured shall also be protected against

claim for injury, disease or death of employees which for any reason, may not fall within

the provisions of a workers’ compensation law. Coverage shall not be less than:

Statutory Amount Workers’ Compensation

$1,000,000.00 Employer’s Liability, Each Accident $1,000,000.00 Employer’s Liability, Disease - Each Employee $1,000,000.00 Employer’s Liability, Disease – Policy Limit

If Supplier uses contract labor, Supplier shall require its Sub-supplier to maintain the

above referenced coverage and furnish copies of certificates of insurance as required

herein.


4) Professional Liability. This insurance shall include contractual liability in

its coverage, and the coverage under this policy shall survive the term of this Contract as

long as any liability could be asserted. Coverage shall not be less than:

$1,000,000.00 Aggregate

$ 500,000.00 Each Claim

20. NONDISCRIMINATION: Supplier represents and warrants to City that Supplier does

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

connection with Supplier’s performance under this Agreement on account of race, color, sex,

religion, age, handicap, marital status or national origin. Supplier further covenants that no

otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

handicap, marital status or national origin, be excluded from participation in, be denied services,

or be subject to discrimination under any provision of this Agreement.

21. ASSIGNMENT: This Agreement shall not be assigned by Supplier, in whole or in

part, without the prior written consent of City, which may be withheld or conditioned, in City’s

sole discretion.

22. NOTICES: All notices or other communications required under this Agreement shall

be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return

receipt requested, addressed to the other party at the address indicated herein or to such other

address as a party may designate by notice given as herein provided. Notice shall be deemed

given on the day on which personally delivered; or, if by mail, on the fifth day after being posted

or the date of actual receipt, whichever is earlier.

TO CITY: TO SUPPLIER:

City of San Angelo Water Reclamation Technology, LLC_________________________


Attn: Kevin Krueger Attn: Ron Dollar__________________. 72 West College Avenue 5525 W. 56th Avenue, Suite 100_________________________ San Angelo, Texas 76903 Arvada_____________, CO 80002TX 7______ Phone: (325)657-4260 Phone: (303__)424 -5355 Email: [email protected] Email: [email protected]

23. MISCELLANEOUS PROVISIONS:

A. Remedies: In the event of default by Supplier under the Contract Documents, City shall

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

Documents; however, arbitration is not an available remedy to resolve any disputes arising under

this Agreement unless City and Supplier mutually agree to such remedy in a separate written

agreement. The exercise of any one right or remedy shall be without prejudice to the

enforcement of any other right or remedy allowed at law or in equity.

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

to enforce or interpret the terms of the Contract Documents, the party prevailing on the majority

of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary

disbursements in addition to any other relief to which the prevailing party is entitled.

C. Conflicts: This Agreement, the documents required to be provided, and the Contract

Documents constitute the entire agreement between the parties hereto and supersede any prior

written or oral agreements and understandings between the parties. If any provision of this

Agreement, the General Conditions, the Specifications or any other provision contained within

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

Formatted: Superscript

Formatted: Default Paragraph Font

Formatted: Default Paragraph Font


Documents, then the conflict or inconsistency will be resolved first by reference to the terms of

this Agreement, then to the General Conditions to this Agreement and then finally to the

Specifications therein, unless a federal law, regulation or restriction would require otherwise, in

which case the federal provision would control.

D. Severability: If any provision of this Agreement is held invalid or unenforceable, the

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

shall nevertheless be in full force and effect.

E. Venue: This Agreement, including the Contract Documents, is governed by the laws of

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

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

F. Counterparts: This Agreement may be executed in two or more counterparts, each of

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

the same agreement.

G. Enforcement: This Agreement shall be construed and enforced according to the laws of

the State of Texas.

H. Headings: Titles and paragraphs are for convenient reference and are not a part of this

Agreement.

I. No Waiver: No waiver or breach of any provision of this Agreement shall constitute a

waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall

be effective unless made in writing.

J. Governing Laws: Should any provision, paragraph, sentence, word or phrase contained

in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or

otherwise unenforceable under the laws of the State of Texas or the City of San Angelo, such


provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary

in order to conform with such laws, or if not modifiable, then same shall be deemed severable,

and in either event, the remaining terms and provisions of this Agreement shall remain

unmodified and in full force and effect or limitation of its use.

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

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

regulations.

24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties

hereto, their heirs, executors, legal representatives, successors, or assigns.

25. INDEPENDENT SUPPLIER: Supplier has been procured and is being engaged to

provide services to City as an independent supplier, and not as an agent or employee of City.

Accordingly, Supplier shall not attain, nor be entitled to, any rights or benefits under the Civil

Service or Pension Ordinances of City, nor any rights generally afforded classified or

unclassified employees. Supplier further understands that Texas Workers’ Compensation

benefits available to employees of City are not available to Supplier, and agrees to provide

workers’ compensation insurance for any employee or agent of Supplier rendering services to

City under this Agreement.

26. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the

availability of funds and continued authorization for program activities and the Agreement is

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

regulations, upon thirty (30) calendar days notice.

27. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject to

all Attachments hereto, to all of the attachments, provisions, requirements, federal, state and


local laws, rules and regulations as of the effective date herein, and to any and all requirements,

whether federal, state or local, verbal or written, placed upon City. The entire foregoing is

hereby made a part of this Agreement and incorporated herein by reference as if fully set out

herein.

28. FORCE MAJEURE: A “Force Majeure Event” shall mean an act of God, act of

governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane,

sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage,

insurrection, blockade, or embargo. In the event that either party is delayed in the performance

of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure

Event, the time for required completion of such act or obligation shall be extended by the

number of days equal to the total number of days, if any, that such party is actually delayed by

such Force Majeure Event. The party seeking delay in performance shall give notice to the other

party specifying the anticipated duration of the delay, and if such delay shall extend beyond the

duration specified in such notice, additional notice shall be repeated no less than monthly so long

as such delay due to a Force Majeure Event continues. Any party seeking delay in performance

due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay

and shall cooperate with the other party to overcome and delay that has resulted.

29. CITY NOT LIABLE FOR DELAY: Supplier hereby understands and agrees that

in no event shall City be liable for, or responsible to Supplier or any Sub-supplier, or to any other

person, firm, or entity for or on account of, any stoppages or delay(s) in work herein

provided for, or any damages whatsoever related thereto, because of any injunction or other legal

or equitable proceeding or on account of any delay(s) for any cause over which City has no

control.


30. USE OF NAME: Supplier understands and agrees that City is not engaged in

research for advertising, sales promotion, or other publicity purposes. Supplier is allowed,

within the limited scope of normal and customary marketing and promotion of its work, to use

the general results of this project and the name of City. Supplier agrees to protect any

confidential information provided by City and will not release information of specific nature

without prior written consent of the City Manager or the City Council.

31. NO THIRD-PARTY BENEFICIARY: No persons other than Supplier and City

(and their successors and assigns) shall have any rights whatsoever under this Agreement.

32. AMENDMENTS: City or Supplier may amend this Agreement at any time provided

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

signed by a duly authorized representative of both organizations, and approved by City. Such

amendments shall not invalidate this Agreement, nor relieve or release City or Supplier from

their respective obligations under this Agreement.

33. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and

only agreement of the parties relating to the subject matter hereof and correctly set forth the

rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,

negotiations, or representations not expressly set forth in this Agreement are of no force or

effect.

34. COUNTERPARTS: This Agreement may be executed in two or more counterparts,

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

one and the same agreement.

35. REAFFIRMATION OF REPRESENTATIONS

Supplier herby reaffirms all of the representations contained in RFPB No.WU-16-12.


IN WITNESS WHEREOF, the parties hereto have caused this instrument to be

executed by their respective officials thereunto duly authorized, this the day and year above

written.

“CITY” CITY OF SAN ANGELO, a municipal corporation ATTEST: _______________________________ By:______________________________ Alicia Ramirez, City Clerk David Valenzuela, City Manager

_______________ Date “SUPPLIER”

__________________________ ATTEST: ______________________________ By:_______________________________ Print Name: Name , Title Title: Corporate Secretary

______________ ______________ Date Date


ATTACHMENT “A”

FEE AND PAYMENT SCHEDULE FOR SUBMISSION OF RADIUM REMOVAL

SYSTEM DESIGN-PHASE SUBMITTALS

Total compensation to Supplier from City for design assistance shall not exceed $ 1500,000.00

(One Hundred Thousand No/100 Dollars) and shall be divided as follows:

1. Supplier will be compensated 75% of total amount indicated in the Proposal for Submittals

and Design Information Services upon transmittal of draft shop drawings.

2. Supplier will be compensated 25% of total amount indicated in the Proposal for Submittals

and Design Information Services upon acceptance of shop drawings.


SERVICES AGREEMENT BY AND BETWEEN THE

CITY OF SAN ANGELO AND _______________________

APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ __________________________________ Lysia H. Bowling, City Attorney APPROVED AS TO CONTENT: ______________________________ Roger Banks, Purchasing Manager APPROVED AS TO INSURANCE REQUIREMENTS ______________________________ John Seaton, Risk Manager

City of San Angelo



From: Assistant Chief Scott Farris

Subject: Agenda Item for JANUARY 22,2013 Council Meeting

Contact: Scott Farris (325)657-4355 (325)656-3546

Caption: Consent

Consideration of awarding RFP no. FD-05-12 Vehicle Repairs to Siddons-Martin Emergency Group and authorizing the City Manager to execute a service contract in substantially the attached from between the City of San Angelo and Siddons-Martin Emergency Group for the repair and maintenance of our Fire apparatus and Ambulance Fleet and authorizing the Mayor and or the City Manager to execute said Service contract.

Summary: Request for proposals were sent to four vendors. They included Ferrara, Hall-Mark, Metro fire, and Siddons-Martin. Two vendors replied and met our requirements (Hall-Mark and Siddons-Martin). The San Angelo Fire Department is recommending that the City contract with Siddons Fire Apparatus for the repair and maintenance of San Angelo Fire Department’s Fire apparatus and Ambulance Fleet. Siddons currently provides repair and maintenance services for the San Angelo Fire Department.

History: The San Angelo Fire Department has utilized mechanics employed by Siddons-Martin for the past two years to maintain and make repairs to our fire apparatus and ambulance fleet. Their technicians are well trained and certified to work on every aspect of our apparatus. Their response to our critical needs has been outstanding.

Financial Impact: Currently, the maintenance budget for our fire equipment is $114,743. During the last budget cycle (Oct. 1, 2011 through Sept. 30, 2012) we used $70,216.73 of our annual budgeted amount on Siddons repairs. This vendor also guarantees their work for 90 days so that duplication of cost is avoided if the same repair is necessary. Proposed Contract Terms The contract shall be for tem of one year and an option to renew for two - one year terms with up to a 3% increase annually if agreeable to both parties. Vendor must provide written evidence of cost increases.

Related Vision Item

(if applicable):


Staff recommends approval of the recommendation.

Attachments: Siddons Rate-fees 1.pdf Siddons rate- fees 2.pdf

PUR FD-05-12 Acknowledgment,Ranking,Justification.pdf RFP Final.pdf Bid Tab FD0512.xlsx ContractDraft 12-Part 1.pdf PUR FD-05-12 contractDraft12-Part 2.pdf

Presentation:

Publication:


Brian Dunn

Approved by Legal:

C:\Users\bryan.kendrick\Desktop\01-22-13\04b PUR FD-05-12 Bid Page 1 of 1

Hall-Mark Metro Siddons

No. Description Proposed Fee Proposed Fee Proposed Fee1 Mobile Trip Charge $ 99.00 No Bid $ 85.00

2 Regular Hourly Shop Rate $ 99.00 No Bid $ 98.50

3 Overtime Shop Rate $ 135.00 No Bid $ 98.50

4 Overnight Stay Rate $ - No Bid $ 98.50

5 Parts Discount % 20% No Bid Varies

6 Length of Warranty for Repairs (days) 30 No Bid 90 Days Parts/12 Months Labor

$ 333.00 $ - $ 380.50

Bids Mailed To:Ferrara Fire Apparatus Spring TXHall-Mark Texas Houston TXMetro Fire Apparatus Specialists, inc. Mansfield TXSiddons Fire Apparatus Manor TX

C I T Y O F S A N A N G E L O Evaluation * RFP NO: FD-05-12/Vehicle Maintenance Service, December 5, 2012

Total Bid

Request for Proposal City of San Angelo

Fire Department

Vehicle Maintenance Service

RFP No.: FD-05-12

City of San Angelo P.O. Box 1751

San Angelo, Texas 76902

RFP SUBMITTAL DEADLINE December 5, 2012, 2:00 P.M. Local Time

Table of Contents

INTRODUCTION ..................................................................................................................................................... 1

DISQUALIFICATION ......................................................................................................................................................... 1 CONFIDENTIALITY ........................................................................................................................................................... 1 DOCUMENT AVAILABILITY ................................................................................................................................................ 1 DIGITAL FORMAT ........................................................................................................................................................... 1 ADDENDA ..................................................................................................................................................................... 1 AWARD OF CONTRACT .................................................................................................................................................... 1 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................ 2 EQUAL EMPLOYMENT OPPORTUNITY ................................................................................................................................. 2 PROPOSAL TERM ........................................................................................................................................................... 2 POINTS OF CONTACT ...................................................................................................................................................... 2

DEADLINE AND DELIVERY LOCATION ..................................................................................................................... 3

DEADLINE ..................................................................................................................................................................... 3 COPIES......................................................................................................................................................................... 3 SEALED CONTAINER ADDRESSING ...................................................................................................................................... 3 DELIVERY ADDRESSES ..................................................................................................................................................... 3

SCOPE OF SERVICES REQUESTED ............................................................................................................................ 5

GENERAL SPECIFICATIONS ................................................................................................................................................ 5 GENERAL SERVICE AND REQUIREMENTS ............................................................................................................................. 5 INVENTORY ................................................................................................................................................................... 5 PROPOSED CONTRACT TERMS .......................................................................................................................................... 6 CANCELLATION AGREEMENT ............................................................................................................................................ 6

INSURANCE REQUIREMENTS ................................................................................................................................. 7

PROPOSAL FORMAT............................................................................................................................................. 11

PROPOSAL FORMAT INSTRUCTIONS ................................................................................................................................. 11

SELECTION PROCESS ............................................................................................................................................ 13

CRITERIA .................................................................................................................................................................... 13

SUBMISSION FORMS............................................................................................................................................ 15

LETTER OF INTEREST ..................................................................................................................................................... 17 ADDENDUM ACKNOWLEDGEMENT .................................................................................................................................. 19 DISCLOSURE OF CERTAIN RELATIONSHIPS.......................................................................................................................... 21 DEBARMENT AND SUSPENSION CERTIFICATION .................................................................................................................. 25 LIST OF REFERENCES ..................................................................................................................................................... 27 RATES/FEES WORKSHEET .............................................................................................................................................. 29 OTHER ATTACHMENTS REQUIRED ................................................................................................................................... 29

CITY OF SAN ANGELO PURCHASING DIVISION 72 West College Ave, San Angelo, Texas 76902 Telephone: (325) 657-4219 or (325) 657-4220

RFP: FD-05-12/Vehicle Maintenance Service 1

INTRODUCTION The City of San Angelo is seeking an established qualified company specializing in the repair and preventative maintenance (PM) of 11 Fire Engines, 2 Aerial units, 2 Rescue units, 2 ARFF units and 12 Ambulances.

Disqualification Disqualification may occur for any of the following reasons:

• The respondent is involved in any litigation against the City of San Angelo;

• The respondent is in arrears on any existing contract or has defaulted on a previous contract with

the City;

• The respondent is debarred, suspended, or otherwise excluded from or ineligible for participation in State or Federal assistance programs.

Confidentiality All proposals submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such.

Document Availability Proposals documents are available and may be examined or obtained without charge in the Purchasing Department, Suite 330, City Hall, San Angelo, Texas. The Request for Proposal is also available at http://www.sanangelotexas.us. The proposal documents may be found by following the links.

o City Departments o Purchasing o Bid Information o Bid Opportunities>RFP: FD-05-12

Digital Format If Bidder obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Bidders makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. Addenda Should bid documents or specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue an addendum addressing the nature of the change. Respondents must review all addendums and complete, sign and include the Addendum Acknowledgement form with their bid. Addenda will be posted on the City’s website as they are issued. Bidder is responsible for contacting the City or checking the City’s website to determine if any addendums have been issued prior to submitting a bid. Award of Contract The City reserves the right to accept or reject any or all proposals, and to waive any informalities or irregularities in the RFP process. The City is an equal opportunity employer

http://www.sanangelotexas.us/


The City will select the most highly qualified respondent(s) of the requested services based on demonstrated competence and qualifications and then attempt to negotiate with respondent(s) a contract(s) at a fair and reasonable price.

Acceptance of Proposal Content Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an offer because of its proposal, failure to have made such investigation and examinations will in no way relieve the Respondent from its obligation to comply in every detail with all provisions and requirements. Equal Employment Opportunity Attention of Respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability. Proposal Term Proposal shall be in effect for at least 180 days from the submission date.

Points of Contact Roger Banks, Division Manager Purchasing Department City of San Angelo 72 West College Avenue, Suite 330. San Angelo Texas, 76903 Email: [email protected] Telephone: (325) 657-4220

Scott Farris, Assistant Chief Fire Department City of San Angelo 306 w. 1st San Angelo Texas, 76903 Email: [email protected] Telephone (325)657-4355

mailto:[email protected]



DEADLINE AND DELIVERY LOCATION Deadline Sealed submittals must be received and time stamped by December 5, 2012, 2:00 P.M., Local Time. The clock located in Purchasing will be the official time.

Faxed or electronically transmitted RFP submittals will not be accepted

It is the sole responsibility of the respondent to ensure that the sealed RFP submittal arrives at the above location by specified deadline regardless of method chosen by the respondent for delivery.

Copies Please submit One (1) original, five (5) copies and one (1) copy in PDF format on CD or USB flash drive of all proposal documents, including questionnaire. Sealed Container Addressing

• Lower Left Hand Corner: “RFP: FD-05-12/Vehicle Maintenance Service”

• Top Left Hand Corner: Enter your company name and address.

Delivery Addresses

USPS: Purchasing Department

RFP: FD-05-12/Vehicle Maintenance Service City of San Angelo 72 West College Avenue San Angelo, Texas 76903

Delivery Services (FedEx, UPS, etc): Purchasing Department,

RFP: FD-05-12/Vehicle Maintenance Service City of San Angelo

72 West College Avenue, Suite 314 San Angelo, Texas 76903

Please ensure the delivery envelope/container is marked, “RFP Enclosed”.


Intentionally Left Blank



SCOPE OF SERVICES REQUESTED

General Specifications Provide the Fire Department with professional fire apparatus mechanics that are both factory trained and nationally certified. General Service and Requirements

1. Vendor will assist the Fire Department in maintenance of warranty coverage.

2. The vendor shall supply all inspections forms and maintenance forms.

3. The vendor shall provide a full vehicle maintenance/inspection report on each vehicle for the life of the contract.

4. The vendor shall provide detailed documentation to City staff at the time of each

repair/inspection

5. Vendor shall provide all annual or when service intervals have been reached per manufactures

specifications, including aerial ladder testing.

6. Vendor shall provide all of their own test equipment and tools necessary to perform their required tasks.

7. Vendor shall be responsible for the disposal of all fluids, hazardous material, etc, as required by

local, state and federal law.

Inventory Reflected below is the current inventory of fire department vehicles to be serviced.

TYPE UNIT ID ASSET# MILEAGE YEAR-MAKE-MODEL

ALS MEDICAL UNIT M1 22547 662 2012 Chevy 3500

M10 22241 54,712 2009 Dodge 3500

M2 22328 35,329 2011 Dodge 3500

M3 22242 60,162 2009 Dodge 3500

M4 11968 76,528 2007 Ford/Frazer F-350

M5 11905 80,452 2006 Ford/Frazer F-350

M6 22327 36,606 2011 Dodge 3500

M7 22458 3,990 2012 Chevy 3500

M8 22069 76,608 2008 Ford/Frazer F-350

M9 22210 60,132 2009 Dodge 3500

M11 22070 84,995 2008 Frazer Ford F-350

M12 22209 56,700 2009 Dodge 3500


TYPE UNIT ID ASSET# MILEAGE YEAR-MAKE-MODEL ARFF TRUCK1 11745 13,866 2003 Oshkosh Striker

TRUCK2 5016 15,784 1992 Oshkosh P-19

BRUSH TRUCK BRUSH 11553 3,578 2001 Ford 550

ENGINE OR PUMPER E2 11678 44,739 2002 Pierce Enforcer

E3 22077 26,641 2008 Pierce Velocity

E4 10340 97,581 1992 Pierce

ENGINE OR PUMPER E5 22076 32,078 2008 Pierce Velocity

E6 1107 81,374 1995 KME

E7 11841 60,433 2004 Pierce Enforcer

E8 11963 39,215 2006 Pierce Enforcer

RP23 9059 54,819 1991 Pierce

ENGINE OR PUMPER RP24 8074 53,112 1989 Pierce

RP25 7817 97,764 1989 Pierce

RP27 11105 64,009 1995 KME

RESCUE UNIT Rescue 5 11477 80,902 1999 Freightliner

Rescue 1 22299 14,833 2009 Ferrara TRUCK OR AERIAL L7 11140 42,064 1995 Sutphen

L1 22345 2010 Ferrara

L1 platform 22345L 100 hrs 2010 Ferrara 100” Proposed Contract Terms The contract shall be for tem of one year and an option to renew for two - one year terms with up to a 3% increase annually if agreeable to both parties. Vendor must provide written evidence of cost increases.

Cancellation Agreement The City of San Angelo reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to cancel or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of San Angelo.

In addition to all other legal remedies available to the City of San Angelo, the City of San Angelo reserves the right to cancel and obtain from another source, any items which have not been delivered within the period of time stated in proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by the City of San Angelo.



INSURANCE REQUIREMENTS The following insurance requirements are an example of the City’s typical insurance requirements. The final requirements will be completed during the negotiations process. For more specific information, please contact John Seaton, Risk Manager at (325) 657-4359. 1.0 INDEMNIFICATION:

1.1 GENERAL INDEMNIFICATION. PROVIDER AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS

COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,

CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM A

ND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES,

FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS,

INCLUDING AGENTS OR EMPLOYEES OF PROVIDER OR CITY, BY REASON OF DEATH OR INJURY TO

PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION

OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION,

OMISSION, NEGLIGENCE OR FAULT OF PROVIDER, ITS AGENTS OR EMPLOYEES, OR THE JOINT

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

PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF

ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY PROVIDER HEREUNDER. NOTHING

HEREIN SHALL REQUIRE EITHER PARTY TO THIS AGREEMENT TO INDEMNIFY, DEFEND, OR HOLD

HARMLESS THE OTHER FOR THE PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

1.2 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS AGREEMENT

SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS

OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY

DURING THE TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY COULD BE

ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF PROVIDER IN PERFORMING UNDER THIS

AGREEMENT.

1.3 RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS AGREEMENT SHALL

EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT

BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM OF

PREVIOUS AGREEMENTS BETWEEN CITY AND PROVIDER.

2.0 INSURANCE

2.1 GENERAL CONDITIONS. The following conditions shall apply to all insurance policies obtained by

Provider for the purpose of complying with this Agreement.

2.1.2 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of

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


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

Provider, with City, its council members, board and commission members, officials, agents,

guests, invitees, consultants and employees named as additional insureds, except on Workers’

Compensation coverage.

2.1.3 WAIVER OF SUBROGATION. PROVIDER SHALL REQUIRE ITS INSURANCE CARRIER(S),

WITH RESPECT TO ALL INSURANCE POLICIES, TO WAIVE ALL RIGHTS OF SUBROGATION

AGAINST CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS,

AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES.

2.1.4 Certificates of Insurance. At or before the time of execution of this Agreement, Provider

shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies

required herein are in full force and effect and provide the required coverage and limits of

insurance. All certificates of insurance shall clearly state that all applicable requirements have

been satisfied. The certificates shall provide that any company issuing an insurance policy shall

provide to City not less than thirty (30) days advance notice in writing of cancellation, non-

renewal, or material change in the policy of insurance. In addition, Provider and insurance

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

of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy.

Certificates of insurance and notices of cancellations, terminations, or alterations shall be

furnished to City’s Risk Manager at City Hall, 106 South Chadbourne or P.O. Box 1751, San

Angelo, Texas 76903.

2.1.5 Provider’s Liability. The procurement of such policy of insurance shall not be construed

to be a limitation upon Provider’s liability or as a full performance on its part of the

indemnification provisions of this Agreement. Provider’s obligations are, notwithstanding any

policy of insurance, for the full and total amount of any damage, injury, or loss caused by or

attributable to its activities conducted at or upon the premises. Failure of Provider to maintain

adequate coverage shall not relieve Provider of any contractual responsibility or obligation.

2.1.6 Subcontractors’ Insurance. Provider shall cause each Subcontractor and Sub-Sub-

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

specified below. Provider shall require Subcontractors and Sub-subcontractors to furnish copies

of certificates of insurance to City’s Risk Manager evidencing coverage for each Subcontractor

and Sub-subcontractor.

2.2 TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall obtain and continuously

maintain in effect at all times during the term hereof, at Provider’s sole expense, insurance coverage as

follows with limits not less than those set forth below:


2.2.1 Commercial General Liability. This policy shall be a occurrence-type policy and shall

protect the Provider and additional insureds against all claims arising from bodily injury, sickness,

disease or death of any person (other than the Provider’s employees) and damage to property of

the City or others arising out of the act or omission of the Provider or its agents and employees.

This policy shall also include protection against claims for the contractual liability assumed by

Provider under the paragraph of this Agreement entitled “Indemnification,” including completed

operations, products liability, contractual coverage, broad form property coverage, explosion,

collapse, underground, premises/operations, and independent Providers (to remain in force for

two years after final payment). Coverage shall not be less than:

$ 500,000.00 General Aggregate $ 500,000.00 Products- Completed Operations $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence $ 50,000.00 Fire Damage (any one fire)

2.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and

shall protect Provider and the additional insureds against all claims for injuries to members of the

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

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

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

$ 500,000.00 Each Accident Limit

2.2.3 Workers’ Compensation and Employer’s Liability. If Provider hires any employees,

Provider shall maintain Workers’ Compensation and Employer’s Liability insurance, which shall

protect the Provider against all claims under applicable state workers’ compensation laws and

employer’s liability. Coverage shall not be less than:

Statutory Amount Workers’ Compensation $ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit

The foregoing requirement will not be applicable if, and so long as, Provider qualifies as a self-

insurer under the rules and regulations of the commission or agency administering the workers’

compensation program in Texas and furnishes evidence of such qualification to City in

accordance with the notice provisions of this Agreement.

If Provider uses contract labor, Provider shall require its subcontractor to maintain the above referenced

coverage and furnish copies of certificates of insurance as required herein.



PROPOSAL FORMAT Proposals shall be submitted in the following format with each element requested and/or form furnished as specified to facilitate evaluation of the proposals. The detailed requirements in this RFP are mandatory. Proposers are required to submit a complete RFP that satisfies all requirements. Each RFP is required to address, with a written response, each requirement in all sections of the RFP and in the same format and sequence as the details presented herein. To facilitate evaluation, all submittals must be submitted in the uniform format. All submittals must follow the prescribed format and shall include completed forms which are attached to this RFP. Failure to follow the required format or complete the required forms may result in submittals being rejected and removed from consideration. City of San Angelo will not participate in any cost the Respondent may incur in the preparation and submission of a proposal. The City will not be liable in any manner with regard to this RFP and the Respondent’s response to it.

FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR REJECTION OF PROPOSAL.

Proposal Format Instructions Proposal should be submitted in a three-ring binder or report cover and tabbed. Each response should be organized in a fashion as outline below with sections labeled (not numbered): Please submit One (1) original, five (5) copies and one (1) copy in PDF format on CD or USB flash drive of all proposal documents, including questionnaire Each response should be organized in a fashion as outline below with sections labeled (not numbered):

Tab 1 Table of Contents Tab 2 Executive Summary (no longer than 2 pages, No smaller than Ariel 9-point font) Tab 3 Completed RFP Letter Of Interest and IRS W-9 Form Tab 4 Completed Conflict Of Interest form (if applicable) and Completed Debarment and

Suspension Certificate Tab 5 List of References Tab 6 Example of your standard contract Tab 7 Rate/Fee Schedule



SELECTION PROCESS

Selection Committee

All submittals shall be evaluated by a selection committee and those applicants selected for the short list may be invited to attend an interview, at the applicants own expense.

A. The selection committee will consist of the following individuals:

1. Kevin Lassiter, Assistant Chief of Operations, SAFD 2. Scott Farris, Assistant Chief of Administration, SAFD 3. Bryan Dunn, Chief

B. The selection committee will evaluate all proposals that are submitted. Selection ratings will be based on 100-point scale. Ranking will be as reflected below:

Criteria

The selection committee shall evaluate all proposals that are submitted. Selection ratings will be based on 100 point scale. Ranking will be as reflected below:

Price ......................................................................................................... 35 Points Availability to Perform Repairs in a timely manner ................................. 25 Points Ability to perform the work .................................................................... 30 Points Thoroughness of proposal and services ................................................... 05 Points Pierce and Frazer repair authorization .................................................... 05 Points

Respondents are advised that the City reserves the right to evaluate and rank the proposals without input from the respondents. Therefore, proposals should be complete as initially submitted. However, if you are selected for an interview, you will be expected to present not only your proposal, but also your approach.

Selection, Negotiations & Award

C. City staff shall make a recommendation to City Council of the selection of the most qualified respondent to enter into contract negotiations with the City.

D. The selected respondent shall enter into negotiations with the City for the services to be performed.

E. If satisfactory negotiations cannot be concluded, the City reserves the right to negotiate with the next

highest-ranking respondent.

F. When services and fees are agreed upon, the selected respondent shall be offered a contract subject to City Council approval.

G. Should negotiations be unsuccessful, the City may enter into negotiations with the next, highest

ranked respondent until an agreement for services and fees are reached. The City retains the right to end the process at any time.

H. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the

preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in


preparing for, traveling to and attending the interviews. The City reserves the right to accept or reject all or part of proposals.



SUBMISSION FORMS

• RFP Letter Of Interest

• Addendum Acknowledgement • Conflict Of Interest form • Debarment and Suspension Certificate

• List of References

• Pricing Options

• Rate/Fee Schedule



Letter of Interest The undersigned firm submits the following information in response to Request for Proposal (as amended by Addenda), issued by the City of San Angelo, Texas (“City”).

• Respondent is responsible for calling the Purchasing Division or checking the City’s website to determine if any addendums have been issued prior to submitting a proposal.

• Respondent also understands that the City is not bound to select any proposals for the final pre-qualified

list and may reject any RFP submittal that the City receives.

• Respondent further understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the respondent, and that the RFP submittal materials will become the property of the City and will not be returned.

• Respondent agrees that the City will not be responsible for any errors, omissions, inaccuracies, or

incomplete statements in this RFP and accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal.

• The respondent certifies, by submission of this proposal or acceptance of this contract, that neither it nor

its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State departments or agencies.

• Respondent agrees that any offer submitted because of this RFP shall be binding on the Respondent for

120 calendar days following the specified opening date. Any proposal for which the respondent specifies a shorter acceptance period may be rejected.

This RFP shall be governed by and construed in all respects according to the laws of the State of Texas.

Company

Authorized Signature

Printed Name & Title

Address

City, State Zip Code Date

THIS FORM MUST BE RETURNED WITH THE BID



Addendum Acknowledgement Receipt is hereby acknowledged of the following addenda to the Contract documents.

Addendum No. 1 dated

Received


Received


Received


Received


Received


Received

Company Name Signature Printed Name ________________________________ Title

________________________________ Address ________________________________ City, State Zip Code




NOTICE TO VENDORS

Disclosure of Certain Relationships

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or

person considering doing business with a local governmental entity make certain disclosures concerning any affiliation or business relationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, are available at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm.

A current list of City of San Angelo and City of San Angelo Development Corporations officers is available

in the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have an affiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo no later than the seventh (7th) business day after the date you become aware of facts that require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision.

By Submitting a response to a City of San Angelo or City of San Angelo Development Corporation

Request for Proposals, Request for Bids, or Request for Qualifications or by conducting business with either of those two entities, you are representing that you are in compliance with the requirements of Chapter 176 of the Texas Local Government Code.

Roger S. Banks Division Manager

CITY OF SAN ANGELO PURCHASING DEPARTMENT P.O. Box 1751, San Angelo, Texas 76902 Tel: (325) 657-4220 or 657-4212




Debarment and Suspension Certification (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its

principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this

certification, such prospective primary participant shall attach an explanation to this proposal.

Company

Signature

Printed Name & Title

Address

City, State Zip Code Date



Debarment and Suspension Certification INSTRUCTIONS

1. By signing and submitting this proposal, the prospective participant is providing the certification set out

below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the determination whether to enter into this transaction. However, failure of the prospective participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the City of San Angelo determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available, the City of San Angelo may terminate this transaction for cause.

4. The prospective participant shall provide immediate written notice to the City of San Angelo to which this proposal is submitted if at any time the prospective participant learns that its certification was erroneous when submitted or has become erroneous because of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549(13 CFR Part 145). You may contact the City of San Angelo for assistance in obtaining a copy of these regulations.

6. The prospective participant agrees by submitting this proposal that, should the proposed transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City of San Angelo.

7. The prospective participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment and Suspension" provided by the City of San Angelo, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the City of San Angelo, the City of San Angelo may terminate this transaction for cause.



List of References List at least three (3) references of similar scope and size giving company name, contact information, and term.

REFERENCE ONE Government/Company Name: Location: Contact Person and Title: Telephone Number: Scope of Work: Contract Period:

REFERENCE TWO Government/Company Name: Location: Contact Person and Title: Telephone Number: Scope of Work: Contract Period:

REFERENCE THREE Government/Company Name: Location: Contact Person and Title: Telephone Number: Scope of Work: Contract Period:

REFERENCE FOUR Government/Company Name: Location: Contact Person and Title: Telephone Number: Scope of Work: Contract Period:



RFP: FD-05-12/Vehicle Maintenance Service 29 Y:\12-RFX\Fire Dept\FD0512 Vehicle Maint\FD0512 120512.docx

Rates/Fees Worksheet

Line Description Proposed FEE

1 Mobile Trip Charge $ Explain how charge is calculated:

2 Regular Hourly Shop Rate $ Explain how it is calculated

3 Overtime Shop Rate $

Explain how it is calculated

4. Overnight Stay Rate $

Explain how it is calculated

5. Parts Discount % Explain how it is calculated

6. Length of Warranty for Repairs days

Other Attachments Required

A. Attach a list of Preventative Maintenances Services available, a description of those services and proposed fees.

B. Attach a list of AERIAL Preventative Maintenances Services/inspections available, a description of those services and proposed fees.

C. Attach a list of item-specific repairs, with a predetermined rate, a description of those services and fees.

D. Provide information about what Aircraft Rescue and Fire Fighting (ARFF) equipment services you provide and associated fees.


RFP: FD-05-12/Vehicle Maintenance Service 31 Y:\12-RFX\Fire Dept\FD0512 Vehicle Maint\FD0512 120512.docx

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

City of San Angelo



From: Cindy M. Preas, Real Estate Administrator (657-4407)


Contact: Diana Farris, Property Specialist (657-4407)

Caption: Consent Item January 22, 2013

Consideration of adopting a Resolution authorizing the Mayor to execute a quitclaim (tax-resale) deed conveying the following real property Tax Lot:

117 E 43rd Street, (Gonzalez), Lot 5, Block 19, Fair Park Addition, $1,500, Suit No. D-08-0023-T

1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750.00, Suit No. B-06-0131-T

Summary: The subject property was auctioned at Sheriff’s Sale conducted March 2, 2010. No offers were received causing subject property to be stuck-off to the City, as Trustee for itself and the other taxing entities.

History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Texas Tax Code.

Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):

Financial Vision – Examine liquidation of unused or underperforming city-owned properties

Neighborhood Vision – Attract reinvestment


Staff recommends approval.

Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map

Presentation: N/A

Publication: N/A


Lysia H. Bowling, City Attorney

Approved by Legal:

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

2 YRS

Adjudge Value: 4,250.00$ NO

Amount of Offer: 1,500.00$

Amounts Due Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee $500.00 $500.00 0.00% $500.00Maintenance Fee -$ -$ 0.00% $0.00District Clerk $348.00 $348.00 0.00% $348.00Sheriff's Fee $100.00 $100.00 0.00% $100.00Attorney Fee $365.00 $365.00 0.00% $365.00Municipal Liens -$ $3,219.78 65.33% $122.17 $122.17Taxes -$ $1,708.69 34.67% $64.83 $64.83Total $1,313.00 $4,928.47 $1,313.00 100.00% $187.00 $1,500.00

Actual Total Amt Due $6,241.47

Amount Remaining 187.00$

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

Urban Redevelopment Sale?

PROPERTY ANALYSISFor Tax Resale Property

Years Held in Trust

March 25, 2010

117 E 43rd Street

D-08-0023-T

Unimproved

Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97,

Map Records of Tom Green County, Texas.

March 2, 2010

September 8, 2009

09-22500-0019-005-00

Gary W. Voth Account #7431

50' x 150'

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT

WHEREAS, by Sheriff’s Sale conducted on March 2, 2010, the property described below was struck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosure decree of the 391st Judicial District, Tom Green County, Texas; and WHEREAS, the sum of One Thousand Five Hundred Dollars ($1,500.00) has been offered by Carlos Gonzalez, for the purchase of said property pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying to CARLOS GONZALEZ, a single person, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment in the following described real property located in San Angelo, Tom Green County, Texas:

Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97, Map Records of Tom Green County, Texas.

APPROVED AND ADOPTED ON THE DAY OF , 2013.


_______________________________ Alvin New, Mayor Attest: ______________________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: ______________________________ ______________________________ Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney

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

Tax-Resale Deed

(Property Sold for Not Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee

for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: Carlos Gonzalez, a single person

725 Amberton Parkway San Angelo, Tom Green County, Texas 76901

Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

Lot 5, Block 19, Fair Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 97, Map Records of Tom Green County, Texas. Acct. #09-22500-0019-005-00

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 8, 2009

in Suit No. D-08-0023-T, by the 391st District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for

all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 22, 2010, and recorded in Instrument Number 684006, Official Public Records of Real Property, Tom Green County, Texas.

For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to

execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in

which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.

Grantor is selling the Property to Grantee for an amount that is not less than the lesser of (1) the market

value specified in the Judgment, or (2) the total amount of the Judgment.

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

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

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

ATTEST: By: ____________________________ Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:

City of San Angelo



From: Cindy M. Preas, Real Estate Administrator (657-4407)


Contact: Diana Farris, Property Specialist (657-4407)


Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Resale (quitclaim) deed, sold under the Urban Redevelopment Program, conveying the following real property Tax Lot:

1814 Ellis Street, (Logan), Lot 5, Block 6, Kenley Addition, $750, B-06-0131-T

Summary:

The subject property was auctioned at Sheriff’s Sale conducted October 7, 2008. No offers were received causing subject property to be stuck-off to the City, as Trustee for itself and the other taxing entities.

The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Property.

History: Under The Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment.

The CITY OF SAN ANGELO, TEXAS, a municipal corporation situated in Tom Green County, Tom Green County, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998.

Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):

Neighborhood Vision – Attract reinvestment



Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map

Presentation: N/A

Publication: N/A


Lysia H. Bowling, City Attorney

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED FOR THE PURPOSE OF URBAN REDEVELOPMENT, CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT

WHEREAS, by Sheriff’s Sale conducted on October 7, 2008, the property described below was struck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosure decree of the 119th Judicial District, Tom Green County, Texas; and

WHEREAS, the Congress of the United States of America has authorized under Title 1

of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community Development Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income; and

WHEREAS, under the Tex. Tax Code §34.051, a municipality is authorized to resell

tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the conveyance is evidenced by and Interlocal agreement between the municipality and each taxing unit that is a party to the judgment; and

WHEREAS, the CITY OF SAN ANGELO, TEXAS, a municipal corporation situated

in Tom Green County, TOM GREEN COUNTY, a political subdivision of the State of Texas, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas, TOM GREEN COUNTY APPRAISAL DISTRICT, success or in interest to COUNTY EDUCATION DISTRICT #9, entered into an Interlocal Agreement executed on November 17, 1998; and

WHEREAS, the City of San Angelo Family Support Division authorizing the sale of the subject parcel described below and declares the agency mentioned below meet the specified criteria outlined under the Urban Redevelopment Program; and

WHEREAS, the sum of Seven Hundred Fifty Dollars ($750.00) has been offered by T.R.

Logan Enterprises, Inc, a Texas corporation, for the purchase of said property pursuant to Section 34.05, Texas Tax Code Ann. (Vernon, 1982); and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE

CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying to T.R. Logan Enterprises, Inc, a Texas corporation and a qualified home builder, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment in the following described real property located in San Angelo, Tom Green County, Texas:

Lot 5, Block 6, Kenley Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 335, Page 111, Deed Records of Tom Green County, Texas. Account #15-29800-0006-005-00

APPROVED AND ADOPTED ON THE DAY OF , 2013.


_______________________________ Alvin New, Mayor Attest: ______________________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: ______________________________ ______________________________ Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney

Legal Description:

Improved or Unimproved:Tax Suit Number:

Location:

Size/Dimensions:City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

4 YRSAdjudge Value: $2,250.00 YESAmount of Offer: $750.00

Priority % of Pro Rata Amounts

Fees Priority Judgment

Judgment Allocations Remainder Allocations Distributed

Administration Fee 500.00$ 500.00$ 0.00% 500.00$ Maintenance Fee -$ 0.00% -$ -$ District Clerk 333.00$ 45.43% 113.57$ 113.57$ Sheriff's Fee 100.00$ 13.64% 34.11$ 34.11$ Attorney Fee 300.00$ 40.93% 102.32$ 102.32$ Municipal Liens 428.00$ 0.00% -$ -$ Taxes 2,535.00$ 0.00% -$ -$ Total 500.00$ 733.00$ 2,963.00$ 500.00$ 100.00% 250.00$ 750.00$ Actual Total Amt Due 4,196.00$ Amount Remaining $250.00

Years Held in Trust

Purchased under Urban Redevlopment?

Amounts Due

Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the

conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.

50' x 130'Katie Glenn Account #1822

15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street

PROPERTY ANALYSISFor Tax Resale Property:

Unimproved

B-06-0131-T

TAX RESALE DEED WITHOUT WARRANTY (Sold Under Urban Redevelopment Program)

STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS: COUNTY OF TOM GREEN §

THAT WHEREAS, by virtue of an order of sale issued out of the District Court of Tom Green County, Texas, for the 119th Judicial District, in Cause No. B-06-0131-T in favor of City of San Angelo, et al., Plaintiff(s), against Katie Glenn, and any and all other persons, including adverse claimants, Defendant(s), on a certain judgment granted November 14, 2007, and directed and delivered to the Sheriff of Tom Green County, Texas, commanding said Sheriff to levy upon, seize, and sell the land or lot(s) herein described to satisfy said judgment, the same being for taxes, penalties, interest, and costs due on the hereinafter described lands, together with interest thereon at the rate of ten percent per annum;

WHEREAS, said Sheriff did, on the 12th day of September, 2008, levy upon and advertise said

premises as described in said Order of Sale and on the first Tuesday in October, 2008, between the hours prescribed by law sold said hereinafter described property at public outcry in the County of Tom Green at the courthouse door thereof at which said sale the property hereinafter described was sold to the City of San Angelo in trust for the use and benefit of itself, Tom Green County, San Angelo Independent School District, and County Education District #9, the original deed evidencing said sale being dated 21st day of October, 2008, and recorded in Instrument Number 660136, in the Official Public Records of Tom Green County, Texas;

WHEREAS, said hereinafter described property is being sold for less than the adjudged value

thereof or the amount of the judgments against said property recovered in the above numbered and entitled cause, whichever is lowest; and

WHEREAS, the herein described property is being sold to be used for a purpose consistent with

the City of San Angelo Urban Redevelopment Plan as provided for under V.T.C.A., Tax Code §34.051, “Resale by Taxing Unit for the Purpose of Urban Redevelopment” and as outlined in the Interlocal Agreement among the taxing entities and City of San Angelo’s Urban Redevelopment Program which are on file in the office of the City Clerk.

Know All By These Presents, the City of San Angelo, Trustee, acting by and through its Mayor,

City Manager or Assistant City Manager, duly authorized by a resolution passed December 7, 1999, for and in consideration of the sum of Seven Hundred Fifty dollars ($750.00) cash to it in hand paid by T. R. Logan Enterprises, Inc., a Texas corporation, receipt of which is hereby acknowledged, grants, sells, and conveys unto said T. R. Logan Enterprises, Inc., a Texas corporation and a qualified home builder, 2257 Hillside Drive, San Angelo, Tom Green County, Texas, 76904, its successors and assigns with the restrictions and upon the conditions and covenants below stated, all the right, title, and interest of all the taxing units interested in the above mentioned tax foreclosure judgment in and to the certain lot(s), tract or parcel of land lying in Tom Green County, Texas, described as follows:

Lot 5, Block 6, Kenley Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 335, Page 111, Deed Records of Tom Green County, Texas. Account #15-29800-0006-005-00

TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges,

and appurtenances thereto in any manner belonging unto said T. R. Logan Enterprises, Inc, a Texas corporation, its successors, and assigns forever, without express or implied warranty. All warranties which might arise by common law as well as the warranties in Section 5.023 of the Texas Property Code (or its successors) are excluded. However, this conveyance is expressly made on the condition that the property be used only for providing housing for families of low or moderate income, construction of such housing to be completed within three (3) years of the date of this Deed, such condition to be binding upon and to be observed by Grantee, its successors, and assigns. In the event of the violation or non-observance of this condition, Grantor, its successors, and assigns shall have the right to terminate the estate granted herein and to re-enter and re-take said premises. This conveyance is also subject to the owner’s right to redeem same in the manner and within the time prescribed by V.T.C.A., Tax Code §34.21.

This conveyance is made expressly subject to recorded restrictive covenants running with the land

and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the tax lien(s) arose.

WITNESS THE HAND AND SEAL of the City of San Angelo by Alvin New, Mayor, attested to by Alicia Ramirez, City Clerk, this the _____ day of _______________, 2013.

CITY OF SAN ANGELO The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment

By: _____________________________ ATTEST: Alvin New, Mayor and

duly-authorized agent Alicia Ramirez, City Clerk

STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas

MEMORANDUM Date: December 21, 2012 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 1-08-2013 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: CONSENT AGENDA:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO TASK ORDER NO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE AIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $72,404 AT SAN ANGELO REGIONAL AIRPORT.

History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

Summary: Task Order No. 18 will provide the San Angelo Regional Airport with an updated Airport

Layout Plan to reflect all changes experienced at the airport since the completion of the previous ALP in 2000. An update of the Airport Layout Plan is required under the FAA’s Airport Sponsor Assurances, Section-29. The Airport Layout Plan will be prepared in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D.

The objective of Amendment No. 1 is for a taxiway utilization study. The study is to provide the airport with proper guidance for improving the layout of the taxiway system at SJT. The study will be conducted in accordance with the design standards in FAA Advisory Circular 150/5300-13A to determine taxiway and taxilane layouts to enhance safety by avoiding runway incursions, enabling safe and efficient taxiing by airplanes while minimizing excess pavement.

Financial Impact: Total cost for Task Order No. 18 Amendment No. 1 is $72,404 for which the

Federal Aviation Administration has approved the use of Passenger Facility Charges to be used for this task. The City will fund this task 100% through Passenger Facility Charges (PFC). No General Fund dollars will be required.

Related Vision Item: Adequately Maintain Infrastructure. Other Information/Recommendation: Staff recommends approval. Attachments: Task Order No. 18 Amendment No. 1 Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-21-12

of 2

Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition

Copyright ©2003 National Society of Professional Engineers for EJCDC. All rights reserved.

This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services – Task Order Edition dated May 4, 2010.

Amendment No. 1 To Task Order No. 18 – Airport Layout Plan

1. Background Data: a.

Effective Date of Task Order Agreement:

March 15, 2011

b.

Owner:

City of San Angelo – San Angelo Regional Airport

c.

Engineer:

KSA Engineers, Inc.

d.

Specific Project:

Airport Layout Plan

2. Nature of Amendment

Additional Services to be performed by Engineer

Modifications to Payment to Engineer

3. Description of Modifications

See Attachment 1, “Modifications”

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Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition


This is Attachment 1, consisting of 1 page, to Amendment No. 1, dated , Airport Layout Plan; Task Order No. 18.

Modifications 1. Engineer shall perform the following Additional Services:

A. The San Angelo Regional Airport (SJT) Taxiway Utilization Study Scope of Services is to to establish the goals of the project and framework from which all parties to the project may participate. The objective of the study is to provide the airport sponsor with proper guidance for improving the layout of the taxiway system at SJT. This study will utilize FAA criteria and planning efforts to determine an optimum taxiway system to improve airfield efficiency and safety. Coordination between the Sponsor, the Federal Aviation Administration (FAA), and other parties with an interest in the airport will be essential to bringing together all facts and data relevant to the project and to developing a mutual agreement regarding future taxiway improvements at the airport. Specific objectives of the study Scope of Services will be:

Analyze existing taxiway layout and planning efforts aimed at modifying the layouts of

each runway; Alternative taxiway layouts to include new taxiways, modifications to existing taxiways,

and/or removal of some existing taxiways; Following collaboration with the airport sponsor, FAA, and airport users, provide a

recommended taxiway layout plan.

ELEMENT 1 - TAXIWAY SYSTEM ANALYSIS

Task 1.1 – Taxiway System Operational Analysis Description: Perform an analysis of the current taxiway operational system at San Angelo Regional Airport with regard to safety and functional efficiency. FAA safety and design standards for the airport’s critical aircraft will be considered. RSAT recommendations will be considered as well as other areas of the current taxiway system that could be improved. An analysis of optimum exit taxiway locations will be performed for each runway based upon the operational mix using each.

Task 1.2 – Taxiway System Alternatives Analysis Description: Formulate a series of alternatives for the taxiway system based upon the operational analysis in Task 1.1. The alternatives will address options to reduce the potential for runway incursions and improve the exit taxiway efficiency. The alternatives will be evaluated with regard to safety, optimization, functional efficiency, and logistical (phased) development, and development cost. The alternatives will submitted for the purposes of a Safety Management System (SMS) process that will include input from the FAA, CCIA, ATCT, airlines and other stakeholders. This process could result in the development of a FAA Risk Management Decision Document if required.

of 2

Attachment 1 (Modifications) to Exhibit K – Amendment to Task Order #18 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition


Task 1.3 - Taxiway System Recommendations Description: Based upon the results of the alternative analysis, coordination activities, issues, comment and direction from the airport staff, prepare and refine a preferred taxiway system improvement concept. This process will involve the development of conceptual airfield plan, and a refinement of development costs, and a priority schedule for development.

ELEMENT 2 – FINAL REPORTS AND MEETINGS Task 2.1 - Coordination Meetings Description: The planning process will require on-site meetings at periodic points in the study. This task will include two (2) meetings that could take place at SJT and/or in the FAA Southwest Region offices in Forth Worth, Texas. One meeting will be undertaken with the sponsor to outline alternatives and the second will be for the FAA SMS panel review meeting.

Task 2.2 – Final Reports Description: Once the final taxiway system plan has been developed, a final report will be submitted to the airport sponsor. This report will include information completed in Elements 1 through 2. Ten (10) copies of the Final Report will be provided, in addition to ten (10) digital copies of the entire plan (text and graphics) in a PDF format. The taxiway system layout plan drawing will be provided in AutoCad (.dwg) file format on the ALP drawings also currently being updated by the consultant.

2. For the Additional Services or the modifications to services set forth above, Owner shall pay

Engineer the following additional or modified compensation: Category of Services Compensation Method Fee Taxiway System Plan Lump Sum $72,404.00 Total $72,404.00

City of San Angelo

Memo Date: December 10, 2012


From: Carl White, Parks & Recreation Director


Contact: Carl White, Parks & Recreation Director, 657-4279

Caption: Consent Agenda Item

Consideration of authorizing a Public Art Commission photography contest program entitled “SNAPS” to promote the Commission and local visual arts.

Summary:

The purpose of the “SNAPS” photography contest is to promote the Public Art Commission and local visual arts. This program was conceived by one of the Public Art Commissioners and coordinated by others.

Upon approval, a call for entries would be sent out with a deadline of March 1, 2013 for submissions. Dr. Ben Sum, Associate Professor of Art at Angelo State University has agreed to judge the submissions whose theme is “Through the Lens: San Angelo, Texas.

Accepted works will be displayed at the Coop Gallery from 16 to 18 May. Awards would be given for 1st, 2nd and 3rd places.

History: There is no Council history on this item. In the past, the Council has authorized the Indoor and Outdoor Art Display Programs, initiated by the Public Art Commission.

Financial Impact: The cost for this program is nominal, taking only a small amount of staff time to facilitate and coordinate the program. A designated revenue and expenditure account may need to be set up for the program. We have no good estimate as to how much funds would be generated by this program but any funds raised would either be transferred to the San Angelo Area Foundation “Public Art San Angelo” (PASA) fund, with Council approval, or spent on approved public art related projects, including contest awards.

Related Vision Item None directly applicable.


The Public Art Commission approved the program at the October 22, 2012 meeting.

Attachments: Resolution and “SNAPS” brochure of call for entries with rules and details.

Presentation: N/A

Publication: N/A


Rick Weise, Assistant City Manager

Approved by Legal: N/A

RESOLUTION A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL APPROVING THE “SNAPS” CITY-WIDE PHOTOGRAPHY CONTEST AS RECOMMENDED BY THE PUBLIC ART COMMISSION (“PROGRAM”); DIRECTING AND AUTHORIZING THE PARKS & RECREATION DEPARTMENT TO FACILITATE AND COORDINATE THE PROGRAM; AND, PROVIDING FOR THE DEPOSIT OF REVENUES INTO, AND DISBURSEMENTS FOR NECESSARY EXPENDITURES AND AWARDS FROM, DESIGNATED CITY ACCOUNTS.

WHEREAS, the City of San Angelo City Council has created the Public Art Commission, composed of seven members appointed by the City Council; and, WHEREAS, the Public Art Commission acts as an advisory board to the City Council, including the making of recommendations on art proposed for the City and assisting with related projects promoting the visual arts in the City; and, WHEREAS, the Public Art Commission has developed and proposed to the City Council the “SNAPS” city-wide photography contest (hereinafter “program”) for promotion of the visual arts and enhancing the quality of life in the City; and, WHEREAS, the Parks & Recreation Department will facilitate and coordinate the program; and, WHEREAS, facilitation and coordination of the ”SNAPS” city-wide photography contest by the Parks & Recreation Department will require designated accounts for revenues derived from application fees or other sources, and program expenditures and awards;

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

1. The “SNAPS” city-wide photography contest (the “program”) is hereby

approved as developed and proposed by the San Angelo Public Art Commission;

2. The Parks & Recreation Department is hereby directed and authorized to facilitate and coordinate the program as developed and proposed by the San Angelo Public Art Commission; and, 3. Program application fees and other revenues may be accepted by the Parks & Recreation Department for deposit, and disbursements for necessary program expenditures and awards may be made from, designated City accounts for the Parks & Recreation budget.

PASSED AND APPROVED by the ____________________ City Council on this the

____ day of _____________________ 2013.

APPROVED:

______________________________ Mayor, Alvin New

ATTEST: ______________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ______________________________ ______________________________ Carl White Lysia H. Bowling Parks & Recreation Director City Attorney

SNAPS!

A city-wide photography contest

To promote the Public Art Commission and local visual arts

Call for Entries

Exhibition Dates:

May 16—18, 2013

Postmark Deadline: March 1, 2013

Public Art Commission

The City of San Angelo, Texas

Entry Postmark Deadline: March 1, 2013

Exhibition Juror: Ben Sum, Associate Professor of Art, An-

gelo State University. Mr. Sum joined the ASU art faculty in

2005. He teaches drawing and painting and has an extensive

background in computer graphics.

Theme: Through the Lens: San Angelo, TX

Eligibility: Open to all photographers, amateur and profes-

sional. Entries must be submitted on a CD. Entrants warrant

that they have copyright to all submitted work. If the print de-

livered does not accurately represent the digital file we reserve

the right to refuse the image.

Entry Fee: $10 for 2 images; Additional images are $5 each

up to a total of 5 images.

Digital Image Requirements: All work will be judged by

digital images. All images must be in jpeg format in high reso-

lution (300 dpi). Label CDs with artist’s name and number of

work that corresponds with the entry form. CDs will not be re-

turned unless requested and return postage is included. Notifi-

cation of acceptance or decline will be by e-mail.

Exhibition Venue: All accepted work will be on display at

the Coop Gallery, Oakes Street located next to the San Angelo

Museum of Fine Arts. The opening reception will be on Thurs-

day, May 16 and the exhibit will continue Friday and Saturday,

May 17 and 18. All accepted photographs must be framed and

ready for installation.

Awards: First Place $150, Second Place $100, Third Place

$50, Merit Awards.

SNAPS! - Call for Entries

May 16-18, 2013

All entries must be postmarked no later than

March 1, 2013

Please fill out this form. Please make check payable to City of

San Angelo - Public Art Commission. Mail entry form, CD ,

entry fee and your SASE (only for specified CD return) to:

City of San Angelo

Parks and Recreation Department

702 Chadbourne St

San Angelo, TX 76903

Name: _________________________________________

Address: _______________________________________

_______________________________________

E-Mail: ________________________________________

Phone: _________________________________________

List of Entries:

Photo Titles:

1. _____________________________________________

2. _____________________________________________

3. _____________________________________________

4. _____________________________________________

5. _____________________________________________

Calendar of Events:

March 1 - Deadline to Apply

April 5 - Email Notification

May 15 - Delivery of Artwork

May 16 - Exhibition Opening

May 18 - Pick-up Artwork



























$50, Merit Awards.


May 16-18, 2013


March 1, 2013




City of San Angelo


702 Chadbourne St


Name: _________________________________________

Address: _______________________________________

_______________________________________

E-Mail: ________________________________________

Phone: _________________________________________

List of Entries:

Photo Titles:

1. _____________________________________________

2. _____________________________________________

3. _____________________________________________

4. _____________________________________________

5. _____________________________________________

Calendar of Events:






City of San Angelo

Memo

Meeting Date: January 22, 2013

To: City Council members

From: Roxanne Johnston, Planner

Subject: The approval of bylaws for the Design and Historic Review Commission.

Purpose: Approval or modification of this request by the City Council

finalizes the last step necessary for conducting business by the Design and Historic Review Commission.

Contacts: Roxanne Johnston, Planner 325-657-4210

Caption: Consideration of approving bylaws for the Design and Historic

Review Commission (DHRC) as required by the Code of Ordinances, Article 2.2800, Section 2.2805, and as unanimously recommended by the DHRC at their last meeting on December 20, 2012.

Summary: The City Council may:

(1) Approve the proposed bylaws as requested; or (2) Modify the bylaws to some alternative format and/or content believed to

be more appropriate; or

(3) Deny the proposed Bylaws for the Design and Historic Review Commission.

Recommendation: City staff recommends approving the proposed bylaws. In 2012, City Council adopted the Design and Historic Review Commission, thereby consolidating the Historic Preservation Commission and the River Corridor Commission in order to streamline processes and prevent redundancies. This new Commission reviews and recommends to the City Council designations of the Historic Overlay Zones and renders decisions on Certificates of Appropriateness required for alteration and new construction or demolition of structures in the Historic Overlay Zones. This Commission also oversees development and recommends design standards in the River Corridor. These proposed bylaws will regulate and provide legal authoritative guidelines by which the Design and Historical Review Commission can conduct their meetings and hear decisions brought before them with regard to the City of San Angelo Zoning Ordinance.

On December 20, 2012, by a unanimous vote of 6-0, the Design and Historic Review Commission recommended approving the bylaw draft as presented, and remitting the draft to City Council.

Attachments: Draft minutes from the December 20, 2012 Design and Historic Review Commission meeting; and

Draft bylaws for the Design and Historic Review

Commission.

MINUTE RECORD OF THE CITY OF SAN ANGELO DESIGN AND HISTORIC REVIEW COMMISSION MEETING HELD ON THURSDAY, DECEMBER 20, 2012 AT 10:00 A.M, MCNEASE CONVENTION CENTER, COUNCIL CHAMBERS, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: William J. Carter, LeeAnn Bailey, and David Mazur, Hal Noelke, Benjamin Villarreal , Margaret Mallard, Gary Donaldson ABSENT: STAFF: Roxanne Johnston, Planner AJ Fawver, Planning Manager

Barbara Hesse, Historic Preservation Officer

IV. Discussion and possible action regarding draft bylaws for the Design and Historic Review Commission. AJ Fawver gave a brief overview of the history leading up to the creation of the draft bylaws. Roxanne Johnston, Planner, came forward to review these with the Commission members. She reminded the Commission that they are now acting as an advisory commission to the City Council for design and historic matters. She reviewed the draft bylaws with the Commission. Benjamin Villarreal and Gary Donaldson entered the meeting at 10:19 and 10:24, respectively. Staff spent a good deal of time talking about the duties and emphasizing the role of the Commission and the wide range of duties which the Commission members should be aggressively pursuing as both regulatory officials - and ambassadors - for their areas of expertise. There was additional discussion about absences for the Commission members and the types of absences (excused vs. unexcused). Mr. Johnston also reviewed the possible actions of delaying a case (postponement) and the required timeline for the different types of cases. There was some discussion about the roles of the

ex-officio members, the way that public comment is handled, and that sort of thing. The method of voting was also discussed. The bylaws were discussed by the Commission briefly. Motion, by Hal Noelke, to accept the proposed bylaws as presented. The motion was seconded by David Mazur. The motion passed unanimously, 7-0.

A RESOLUTION OF THE CITY OF SAN ANGELO APPROVING BYLAWS OF THE CITY OF SAN ANGELO, TEXAS, DESIGN AND REVIEW COMMISSION; AND, DIRECTING THAT SAID BYLAWS BE FILED WITH THE CITY CLERK.

WHEREAS, the Design and Historic Review Commission (DHRC) has been created and established by ordinance adopting restated Article 2.2800, entitled “River Corridor Commission; and, WHEREAS, pursuant to said ordinance, the DHRC is to adopt Bylaws to become effective upon approval of the City Council; and, WHEREAS, on , 20 , the DHRC adopted and unanimously recommended for approval by the City Council Bylaws, a copy of which are attached to this Resolution as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SAN ANGELO THAT: The Bylaws adopted by the San Angelo Design and Historic Review Commission, a copy of which are attached to this Resolution as Exhibit “A”, and unanimously recommended by the DHRC for approval by the City of San Angelo City Council pursuant to Article 2.2800 of the Code of Ordinances of the City of San Angelo, are hereby approved in their entirety, a copy of which are directed to be filed with the City Clerk..

PASSED and APPROVED THIS DAY OF , 2013.


______________________________ ATTEST Alvin New, Mayor ______________________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________________ ______________________________ Lysia H. Bowling, City Attorney A. J. Fawver, Planning Manager

EXHIBIT “A”

RESOLUTION BY THE CITY OF SAN ANGELO APPROVING BYLAWS FOR

THE DESIGN AND HISTORIC REVIEW COMMISSION

1

BYLAWS

OF THE CITY OF SAN ANGELO, TEXAS

DESIGN AND HISTORIC REVIEW COMMISSION

ARTICLE ONE

GOVERNANCE AND PURPOSE

Section 1.01. Governance of the Commission. The Design and Historic Review Commission of the City of San Angelo, hereinafter referred to as the “Design and Historic Review Commission” or “Commission”, shall be governed by these By-Laws, subject to ordinances establishing and governing the Commission now in effect or hereinafter adopted, and applicable state law.

Section 1.02. Purpose of the Commission. The Commission shall assume those duties imposed upon the Commission by City ordinances with the purpose to protect, enhance and perpetuate landmarks and districts of historical and cultural importance. The Commission shall function in an advisory capacity to the City Council in matters of design review and the application of Historic Overlay Zones for historic preservation within the City, including development along the Concho River.

ARTICLE TWO

COMPOSITION OF THE COMMISSION

Section 2.01. Number and Composition. (a) The Design and Historic Review Commission shall consist of seven members appointed by the City Council, having the following qualifications to the extent that such candidates for appointment are available among the residents of the City:

1. at least two (2) members shall be licensed or otherwise recognized as

professional in architecture, landscape architecture, design, engineering, surveying, or related profession;

2. at least one (1) member shall be recognized as a historian or a member of a local historic preservation group;

3. at least one (1) member shall be an owner of real property within the River Corridor;

4. at least one (1) member shall own real property designated or recognized as a community landmark, or within a designated historic district; and,

5. at least one (1) member shall be a member of a downtown development organization under contract with the City of San Angelo.

2

A single candidate may be regarded as meeting more than one of the foregoing qualifications for the Commission.

(b) Commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge of historic preservation or a professional design field.

(c) The following City staff persons or their designated representatives shall sit on the Design and Historic Review Commission as ex-officio, non-voting members, who shall assist the Commission in its functions:

Director of Planning; Chief Building Official; and Historic Preservation Officer.

Section 2.02. Term. Members of the Commission shall serve no more than two (2) full consecutive two (2) year terms. Section 2.03. Vacancies. (a) Vacancies for unexpired terms shall be filled by appointment of an interim member by the City Council for the remainder of the unexpired term of the member whose position is vacated; provided however, that a person serving such an interim appointment shall nevertheless be eligible to serve two (2) full, consecutive terms after completion of his or her interim appointment. (b) In the event the Chairperson vacates his office, the Vice-Chairperson shall succeed and serve as Chairperson for the unexpired term. A new Vice-Chairperson shall be elected at the next regular meeting of the Commission. Section 2.04. Removal from Office. Members of the Design and Historic Review Commission shall serve at the pleasure of City Council, subject to removal by the City Council without cause.

ARTICLE THREE

DUTIES

Section 3.01. Responsibilities of the Commission. The Commission shall act in an advisory capacity to the City Council in matters of design review relating to historic preservation in the City and development along the Concho River. The responsibility of the Commission within the scope of its general duties and corresponding authority shall include:

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1. Adopt bylaws, rules, and regulations to carry out the business of the Commission, subject to ratification by the City Council.

2. Adopt criteria for the designation of historic, architectural, and cultural landmarks and delineation of historic districts, subject to ratification by the City Council.

3. Prepare and present to the City Council, recommendations for policies and ordinances regarding development and all types of signage along the Concho River and other similar bodies of water as designated, subject to ratification by the City Council.

4. Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City.

5 Recommend the designation of landmarks, historic districts, and other types of districts.

6. Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.

7 Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public educational programs.

8. Increase public awareness of the value of open spaces, public spaces, natural habitats, and wildlife along the Concho River and other similar bodies of water as designated by developing and participating in public educational programs.

9. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of open and public spaces along the Concho River and other similar bodies of water as designated.

10. Make recommendations to the City Council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the City.

11. Approve or deny applications for Certificates of Appropriateness pursuant to provisions of the City of San Angelo Zoning Ordinance.

12. Prepare specific design guidelines for the review of landmarks, districts, and construction & demolition of historic buildings.

13. Recommend the acquisition of a landmark structure by the City of San Angelo where its preservation is essential to the purpose of this article and where private preservation is not feasible.

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14. Recommend the acquisition of land along the Concho River and other similar bodies of water as designated by the City of San Angelo where its proximity to the river is vital to the purpose of this article.

15. Recommend to the City Council tax abatement and other economic development programs for the preservation of landmarks or historic districts.

16. Recommend to the City Council tax abatement and other economic development programs for sustainable developments along the Concho River and other similar bodies of water as designated.

17. Recommend to the City Council the acceptance of the donation of preservation easements and development rights as well as any other gifts of value for the purpose of historic and environmental preservation.

18 Carry out other duties as specifically delegated to the Commission by the City Council.

ARTICLE FOUR

OFFICERS

Section 4.01. Chairperson. The Design and Historic Review Commission shall elect a Chairperson from its members at its first meeting in January. The Chairperson shall be elected for a term of one (1) year or until expiration of the member’s term on the Commission. The Chairperson may be re-elected to serve as Chairperson for successive one year terms. The Chairperson shall:

1. Preside at all meetings of the Commission; 2. Call special meetings of the Commission in accordance with the adopted Bylaws; 3. Execute official documents of the Commission; 4. Ensure that actions required of the Commission are properly taken; and 5. Vote on all matters before the Commission.

Section 4.02. Vice Chairperson. The Design and Historic Review Commission shall elect a Vice Chairperson from its members at its first meeting in January, who shall serve as the Chairperson in the absence of the Chairperson. The Vice Chairperson shall be elected for a term of one (1) year or until earlier expiration of the member’s term on the Commission. The Vice Chairperson may be re-elected to serve as Vice Chairperson for successive one year terms. Section 4.03. Secretary. The Planning Manager for the City, or his or her designee, shall serve as Secretary to the Commission. The Secretary shall keep the minutes of all meetings of the Commission, shall be the custodian of all books and records of the Commission, prepare and

5

send or deliver such notices as directed by the Commission and in general perform all duties as may be required by the Commission. The Secretary, along with the Historic Preservation Officer, shall coordinate the preservation efforts of the Commission with applicable state and federal agencies and non-profit organizations.

ARTICLE FIVE

RULES OF PROCEDURE

Section 5.01. Rules of Order and Procedure. The Design and Historic Review Commission shall adopt rules of order and procedure to regulate meetings of the Commission and other business of the Commission. The rules of order and procedures shall govern procedural matters, shall be kept on file with the Director of Planning, and shall be available for inspection by the public . Section 5.02. Voting. (a) Votes taken by the Commission shall be conducted in open meetings upon motion made and seconded, and by a show of hands. The results of each vote shall be announced by the Chairperson at the time the vote is taken. (b) On any matter in which the Commission is to offer a recommendation to the City Council, and a tie vote is taken by the Commission, the tie vote shall be forwarded to the City Council without recommendation for approval or disapproval by the Commission.

(c) Unless excused or disqualified from voting, a Commission member shall cast a vote on each motion duly made and seconded. A failure to cast a vote on a duly made and seconded motion by a Commission member who is otherwise required and eligible to vote, shall be deemed by the Chairperson to be a vote in the affirmative.

Section 5.03. Conflict of Interest. (a) No member of the Commission shall participate in any matter in which he or she has a substantial interest in the business or property concerned, or has any other conflict of interest as defined by applicable law, except as may be otherwise permitted pursuant to Chapter 171 of the Texas Local Government Code, which shall govern. “Substantial interest” and “Business entity” are as defined in Chapter 171 of the Texas Government Code. To this end the conflicted Commission member shall execute an appropriate affidavit as required by statute, and shall leave the meeting room during discussion, deliberation and vote on the matter in which the Commission member has a conflict of interest.

(b) If a member of the Commission believes that he or she may have a perceived conflict of interest for a specific matter not covered by paragraph (a) of this section, from which he or she

6

desires to be excused, then that Commission member may be excused upon motion made, seconded and adopted by a majority vote of the remaining Commission members. The excused Commission member shall leave the meeting room during discussion, deliberation and vote on the matter in which the Commission member has a perceived conflict of interes.

Section 5.04. Absences. (a) Each member of the Commission who gains knowledge of the fact that he/she will not be able to attend a scheduled meeting of the Commission shall so notify the Planning Division as early as is reasonably possible prior to the meeting. The Planning Director shall notify the Chairperson in the event that the anticipated absence will result in the lack of a quorum. If, for any valid reason, a member is not able to attend a regular meeting and notifies the Chairperson or the Planning Division at least seventy-two (72) hours in advance of the scheduled time for a meeting, the member’s attendance shall be excused and the absence shall not count against the member’s attendance record (hereinafter “excused absence”). (b) Each member of the Commission shall be required to attend at least ten (10) regularly scheduled meetings annually from the member’s date of appointment. Any member failing to comply with this requirement shall be deemed to have resigned from the Commission. A member’s excused absences shall be counted the same as if the member had attended the meeting from which he or she was excused for purposes of this requirement.

ARTICLE SIX

PUBLIC MEETINGS

Section 6.01 Regular Meetings and Open Meetings Act. All meetings of the Design and Historic Review Commission shall be held incompliance with the Open Meeting Act of the State of Texas. Regular meetings shall be scheduled at least once a month. Additional meetings may be held upon the call of the Chairperson or the Vice Chairperson, in the absence of the Chairperson, or upon petition of a simple majority of the Commission members, following at least seventy-two (72) hours notice to each member of the Commission and public notice of the meeting and meeting agenda. Section 6.02 Historic Overlay Designations. The Design and Historic Review Commission shall hold at least one public hearing on each proposed Historic Overlay Zone designation and on each application for Certificate of Appropriateness. However, no public hearing shall be scheduled until after the application for the Certificate of Appropriateness is completed and all applicable fees have been paid. The Commission may postpone or table a public hearing on an application for a Certificate of Appropriateness if the Commission finds that additional information relative to the pending application is necessary for its review of the application.

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Section 6.03. (a) Public Notice. Notice of all meetings of the Design and Historic Review Commission shall be given in compliance with the requirements of the Texas Open Meetings Act. Notice of hearing to consider Historic Overlay zoning designation shall also comply with Chapter 12, Exhibit “A” Zoning Ordinance, Article 2 Development Review, Section 211 Historic Overlay Zone, of the Code of Ordinances of the City of San Angelo, and with Chapter 12 Planning and Development, Article 12.800 Historic Preservation Tax Abatement, Section 12.803 Historic Project Tax Abatement, of the Code of Ordinances of the City of San Angelo, when applicable. The Director of Planning of the City shall be responsible for compliance with the notice requirements. (b) Notice to Commissioners. Notice of any meeting of the Commission, whether a regular or a special meeting, shall be given to the members of the Commission at least three (3) days in advance of the meeting, by written notice delivered personally, sent by mail, electronic mail, or facsimile to each member. Such notice shall contain the time, date, place, and the agenda to be considered. Section 6.04. Quorum. (a) For purposes of convening a meeting, a quorum shall consist of Five (5) duly appointed regular, voting members of the Commission. Except as stated at subparagraph (b) of this section, decisions of the Commission may be made only upon the affirmative vote of at least four (4) regular, voting members. (b) When a property owner objects to property, being included in a Historic Overlay zone, whether an area, site, building(s), or other structure, fixture or object, of historical, architectural, or cultural significance, the affirmative vote of at least six (6) members of the Commission shall be required for a recommendation by the Commission to the City Council that the property be included in a Historic Overlay Zone. Section 6.05. Agenda. The Director of Planning shall prepare the agendas necessary for Commission meetings. Any member of the Commission may have an item placed on the agenda by timely notifying the Historic Preservation Officer or the Director of Planning pursuant to applicable procedures for preparation of the agenda and public notice. Section 6.06. Deadlines. The deadline for submission of completed applications to the Design and Historic Review Commission is 5:00 p.m. on the last work day at least fifteen workdays prior to the scheduled Commission meeting. Section 6.07. Staff. City staff or persons serving the Commission shall include:

1. Historic Preservation Officer.

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The City Council or its designee shall appoint a qualified City official, staff person, or appropriate resident of the City to serve as Historic Preservation Officer (HPO). This Officer shall administer the Design and Historic Review Commission Ordinance, and on request of the Commission, advise the Commission on matters submitted to it. The Historic Preservation Officer, in coordination with the Secretary to the Commission, is responsible for coordinating the City’s preservation activities with those of state and federal agencies, and with local, state, and national nonprofit preservation organizations.

2. Director of Planning and Chief Building Official.

The Director of Planning and the Chief Building Official or their designated representatives shall attend all meetings of the Commission and may provide information and make recommendations to the Commission regarding matters within the purview of the Commission.

3. City Attorney

The City Attorney or designated Assistant City Attorney shall be the legal advisor to the Design and Historic Review Commission.

Section 6.08. Committees. The Chairperson of the Design and Historic Review Commission may, with approval of a majority of the members of the Commission, appoint Special Study Committees and assign tasks to those committees. Section 6.09. Presentation and Public Comment. (a) Public comment to the Commission regarding an item on the agenda shall be limited to a five (5) minutes per person or presenter unless such person or presenter requests and receives an allowance of additional time from the presiding officer. The presiding officer may exercise reasonable and unbiased discretion in allowing or not allowing additional time for any person or presenter. The use of a single presenter or spokesperson to represent a group of people having like interests or positions on a matter before the Commission is encouraged. (b) When there are a large number of persons present who wish to address the Commission on a matter, the presiding officer may reduce below five (5) minutes, the amount of time allowed each person on public comment to address the Commission. When, due to the number of people who wish to address the Commission or for other reasons, there is not time available to complete consideration of a matter or matters on the meeting agenda, the presiding officer may continue

9

the meeting to a later date in a manner compliant with the requirements of the Open Meetings Act. (c) The order of Consideration of Agenda Items shall be:

1. Staff presents report and recommendation. 2. The Commission may ask questions regarding the staff presentation and report. 3. Proponents of the agenda items are allowed to make public comment. 4. Any opponents are allowed to make public comment. 5. Final comments. 6. The Commission then takes a vote.

Section 6.10. Minutes of Meetings. The Design and Historic Review Commission shall keep minutes of its meetings. Minutes shall include a description of each motion and vote. The minutes of Commission meetings shall be filed with the Commission Secretary and made available for public inspection.

ARTICLE SEVEN

AMENDMENTS TO BYLAWS

(a) The bylaws of the Design and Historic Review Commission may be amended by affirmative vote of at least four voting members of the Commission and approval by the City Council. (b) Members of the Design and Historic Review Commission shall be provided notice of any proposed amendment to the bylaws at least two (2) weeks prior to any Commission meeting at which consideration of the amendment to the bylaws is on the meeting agenda.

ARTICLE EIGHT

PARAGRAPH HEADINGS AND TABLE OF CONTENTS

The table of contents and the paragraph headings contained herein are for convenience in

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reference to these bylaws and are not intended to define or to limit the scope of any provision herein. APPROVED AND RECOMMENDED to the City Council of the City of San Angelo this _______ day of __________________, 2012. ,Chairperson

Date: , 2012 RATIFIED AND ADOPTED by the City Council of the City of San Angelo this _______ day of ____________________, 2012. ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM A. J. Fawver, Planning Manager Dan T. Saluri, Sr. Assistant City Attorney

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for January 22nd Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405


Consideration of accepting the annual report of Records Management Program and consideration of adopting a Resolution authorizing the Records Management Officer to continue implementation of the routine operational and procedural amendments to the Records Management Program

Summary: The annual report is required by state law and City ordinance. The Resolution allows the Records Management Officer to continue implementation of routine operational and procedural amendments to the Records Management Program during the year between reports to the Council and, if necessary, with approval of the Records Management Committee. Financial Impact: The expenses (other than personnel costs) to support the Records Management Program during fiscal year 2010-11 were $23,365. These expenses included storage costs, storage supplies, and costs for destruction of out of retention and confidential records ($12,100) and relocation of records storage facility and related shelving units ($11,265). Due to the facility relocation, total funding budgeted for fiscal year 2011-12 was decreased to $7,900. Other Information/Recommendation: A detailed report and the Resolution for consideration are attached. Staff recommends the adoption of this Resolution. Attachments: Report and Resolution

A RESOLUTION AUTHORIZING THE RECORDS MANAGEMENT OFFICER TO CONTINUE TO IMPLEMENT ROUTINE OPERATIONAL AND PROCEDURAL AMENDMENTS TO THE CITY OF SAN ANGELO’S RECORDS MANAGEMENT PROGRAM DURING THE INTERIM BETWEEN REPORTS TO THE CITY COUNCIL AND UPON APPROVAL OF THE RECORDS MANAGEMENT COMMITTEE

WHEREAS, the City of San Angelo Records Management Plan was developed in accordance with

the Texas Local Government Records Act of 1989 and the Records Management Ordinance, approved by the Records Management Committee, and adopted by the City Council; and

WHEREAS, the City of San Angelo Records Management Manual sets out policies and procedures

for implementation of the Records Management Plan and has been approved by the Records Management Committee and adopted by the City Council; and

WHEREAS, the City of San Angelo Records Management Officer finds it necessary to implement

routine operational and procedural amendments to the Program during the interim between annual reports to the City Council.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo, Texas, hereby authorizes its Records Management Officer to continue to implement the necessary routine operational and procedural amendments to the Program during the interim between annual reports to the Council and upon approval of the Records Management Committee. PASSED, APPROVED and ADOPTED on the 22nd day of January, 2013.

CITY OF SAN ANGELO, TEXAS Alvin New, Mayor

ATTEST: _____________________ Alicia Ramirez, City Clerk Approved as to Content/Form: _____________________ Alicia Ramirez, City Clerk

2012 Records Management Report

City of San Angelo Records Management Program

Prepared by Alicia Ramirez, Records Management Officer

January 22, 2013

Introduction: In December 1990 the City Council adopted an Ordinance establishing a Records Management Program for the City of San Angelo to meet the requirements of the State Local Government Records Act. The Ordinance prescribes the duties and responsibilities of City officials in the preservation, microfilming, destruction and other dispositions of City government records. The program has been designed to reduce the costs and improve the efficiency of record keeping, to adequately protect the essential records of the City of San Angelo, and to properly preserve those records of the City of San Angelo that are of historical value. Requirements of Program: The Records Management Program requires all departments to establish retention schedules for all records created or received by their department. In accordance with records retention schedules, which have been filed with the Texas State Library, all City departments are to inventory their departmental records each year and destroy those records, which have met the retention periods established in the schedule. After authorization is given for destruction, the departments shall destroy those eligible records. The yearly maintenance of department records lessens the need to purchase additional storage cabinets or boxes to store inactive records and provides cost savings for the City. Records Inventories: 1995 was the first year the inventory phase went into effect, requiring each department to inventory the records in their department. All inactive records retained 5 years or longer are candidates for low-cost inactive storage, giving room in departmental filing cabinets for active records. Out of retention records are destroyed according to their related schedules. The following table represents a summary of the cubic feet of records destroyed since 1995:

0200400600800

100012001400

1994

-95

1996

-7

1998

-9

2000

-1

2002

-3

2004

-5

2006

-7

2008

-09

2010

-11

* 2003-4 and 2005-06 were the result of an in-depth review/destruction of out of retention records As a matter of comparison, one two-drawer letter filing cabinet equals approximately 3 cubic feet of records. The year to date total of all records destroyed since inception of the Program equals 5,940 cubic feet or 1,980 two-drawer filing cabinets. Considering that a filing cabinet costs approximately $300, the estimated total cost savings over the past ten years, in filing equipment alone, is $594,400. In 2004-5, staff was not able to conduct a massive destruction process due to additional duties assigned to the department and personnel changes. With the in-depth destruction in 2003-4, staff was able to audit existing

department files and change various department records retention schedules to accommodate and facilitate the process at the new facility at Fort Concho. In 2005-6, staff was able to conduct a massive destruction of over 598.6 cubic feet or 199 two-drawer filing cabinets. Department staff has provided in-depth assistance to two departments to further develop their records management program. Permanent record storage costs are .25 per box. With additional departments taking an active approach in their RM program, storage cost will continue to escalate $150 to $200 per year. Since 2007 to date, staff has diligently worked with various departments on their destruction schedule. Annual destruction has remained steadily flat. Staff has also been successful in engaging inactive departments in the program. Due to the various office moves and relocations, departments have a better appreciation for the program as they are able to easily dispose of inactive/obsolete records. In September 2009, staff worked to prepare all City Hall departments for the relocation due to the City Hall renovation project. We meet individually with all departments to inventory their records and ensure the proper procedure was followed. The majority of the departments submitted record schedule amendments; thereby, updating, revising, and/or reducing the time documents were kept within their offices. The amendments have been forwarded to and pending final approval from the State Archives Commission. In December 2009, City Hall relocated into its temporary location. Based on the revised retention schedules, Departments were able to store additional records off-site. Total records destroyed due to this process were 700 cubic feet or 233 two-drawer filing cabinets. In January 2010, the build out of the Tom Green County (TGC) Basement for records storage purposes was completed (based on contract agreement between TGC for the use of the former Hemphill Wells building as the future Library). We purchased shelving and began moving records from City Hall and current facility to the TGC Basement. In Spring 2011, the additional permanent storage at the paid facility was cancelled. Storage relocation cost from this facility was $6,000. The records were relocated to TGC resulting in additional savings of $10,000 which will be used to purchase additional shelving, records management software, and possibly fund additional staff specifically dedicated to the records management function. In Summer 2011, TGC proposed exchanging a vacant building for the storage space in the TGC Basement. Staff reviewed the proposal, the related cost, and decided the building exchange was not conducive to the City’s needs. Ongoing Projects: Departments conduct their annual inventory review in January of each year. Departmental liaisons also review their current Records Retention Schedule for any possible amendments to better accommodate their work flows within the guidelines of the adopted State Schedules. As of December 2000, the City Clerk’s Office has utilized the City’s storage facility located on the Fort Concho Museum grounds for non-permanent records storage. Annual storage cost savings is an estimated $8,000. However, it should be noted that city staff struggle to continue the level of service expected by departments due to the decreased assistance given the City Clerk’s Department by the Building Maintenance Department as a result of reduced staffing and project workload. The City Clerk’s Department has made arrangements with Municipal Court maintenance personnel to assist with retrieval and stocking of requested records at the facility. We have also taken the opportunity to utilize the Municipal Court’s Alternative Work Program, a.k.a. Community Service Workers, which saves our department approximately $500 in labor costs. It's estimated that more than 90% of the records being created today are electronic. Coupled with the overwhelming growth of electronic messages - most notably e-mail and instant messaging - the management of

electronic records has become a critical business issue. How that information is managed has significant business, legal, and technology ramifications. Ultimately, it doesn't matter what medium is used to create, deliver, or store information when determining if content is a record and should be managed accordingly. Staff will be conducting needs assessments for these types of records as well as assisting department liaisons with training and management of these records. In 2007, Council authorized the purchase of a centralized email server that would save all City emails, with the exception of the Police Department. Staff will meet with key department staff to create retention schedules and appropriate records maintenance process. In 2011, staff made concentrated efforts due to the numerous files generated by the City of San Angelo. Revisions to existing retention schedules were revised based on the updated State schedules. The schedule revisions created an additional demand to this overburdened department. Due to insufficient support staff, facilitating the transfer of records and related duties continues to be a struggle for this department. In 2012, Staff met with TGC representatives to consider sharing resources and staff for the records management. We are working on a proposal and will submit for review of and approval by City management. For 2013, our goal is to either hire additional personnel or continue with the concept to share resources with TGC. Records Management is vital to the organization, however, concentrated efforts are lacking. Financial Impact: Program costs for fiscal year 2011-12 was approximately $3,724 with $1,524 expended for supplies (boxes, labels, etc) and $2,200 for destruction of confidential and out of retention records. Based on relocating and transferring all permanent stored records to the new TGC Keyes facility, total funding budgeted for fiscal year 2011-12 decreased to $7,900. Supplies are expected to increase due to changes in department records retention schedules, increase in department participation, and additional records inventory of these records.

02000400060008000

10000120001400016000

2003-4 2007-8 2009-10 2011-12

SuppliesDestructionStorage

Conclusion: In conclusion, the City’s Records Management Program exists with an excellent working relationship having been established between the Records Management Division, City departments, the Municipal Court Maintenance staff, and Community Service Program. Further positive support of the liaisons and Department Heads will allow the City’s records management program to be an excellent research resource, and City Council has allowed the City’s records program to be extremely successful and set the standard for municipal records management.

The next level in the program would be to have a framework for Integration of Electronic Document Management System and an Electronic Records Management System. Staff is currently visiting with vendors regarding our City’s specific needs and expectations.

City of San Angelo




Subject: Agenda Item for January 22, 2013

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

Caption: Regular Agenda Item

Consideration of adopting a Resolution of the City of San Angelo authorizing the City Manager to grant a thirty foot five-inch (30’5”) variance from the required seventy-five foot (75’) rear set back line from the 1,872.2 foot elevation line as requested by Leaseholder Bruce L. Hitt, on City-owned property located At 1814 Cove Road.

Summary: Lake Nasworthy Residential Lot Lease states no dwelling or residence shall be located nearer than 75 feet to the 1872.2 foot elevation line. The lease also states that lessee may request from Council a variance or deviation from any term or condition contained herein.

History: Bruce L. Hitt acquired the leasehold interest in the city-owned property located at 1814 Cove Road and described as Lot 4, Block A, Group 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas, on or about Dec 4, 2012 and desires to make improvements to the leased premises.

Financial Impact: None

Related Vision Item

(if applicable):

Neighborhood Vision


Notices were sent out to all property owners and/or lease holders notifying them of the request of the proposed variance. Eleven notices were sent out five returned in favor of granting the request and none have been returned in opposition.

Attachments: Resolution

Presentation: None

Publication: Eleven notices sent to adjacent property owners within 300 feet of proposed property.


Ricky Dickson, Interim Water Utilities Director January 11, 2013

Approved by Legal: January 14, 2013

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO GRANT A THIRTY FOOT FIVE-INCH (30’5”) VARIANCE FROM THE REQUIRED SEVENTY-FIVE FOOT (75’) REAR SET BACK LINE FROM THE 1,872.2 FOOT ELEVATION LINE AS REQUESTED BY LEASEHOLDER BRUCE L. HITT, FOR CITY-OWNED PROPERTY LOCATED AT 1814 COVE ROAD, LAKE NASWORTHY ADDITION, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS

WHEREAS, Bruce L. Hitt is Lessee of the surface estate only in city-owned property commonly known as 1814 Cove Road, having a legal description of Lot 4, Block A, Group 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas; and, WHEREAS, Lessee desires to construct a residential structure on said property within the required rear set back line of seventy-five feet (75’) from the 1872.2 foot elevation line required by Declaration of Covenants, Conditions, and Restrictions and Lake Nasworthy Residential Lot Lease; and, WHEREAS, Lake Nasworthy Homeowners Association, Inc., a Texas non-profit corporation, has approved the variance as requested; and, WHEREAS, Lease states lessee may request from the San Angelo City Council a variance or deviation from any term or condition contained within the Lease; and, WHEREAS, Lessee, Bruce L. Hitt desires to construct a residential structure at 1814 Cove Road and requests a thirty foot five-inch (30’5”) variance from the required seventy five foot (75’) rear set back line from the 1,872.2 foot elevation line; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to approve a request from Bruce L. Hitt for a variance of thirty foot five-inch (30’5”) from the required seventy five foot (75’) rear set back line from the 1,872.2 foot elevation line on city-owned property located at 1814 Cove Road and described as Lot 4, Block A, Group 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, Texas. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Ricky Dickson Lysia H. Bowling Interim Water Utilities Director City Attorney

MEMORANDUM Date: December 6, 2012 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 12-18-2012 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010 Caption: CONSENT AGENDA:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED DOCUMENTS WITH SKYLINE AVIATION, INC. FOR PROPERTY LOCATED AT THE SAN ANGELO REGIONAL AIRPORT.

History: Skyline Aviation, Inc., a Texas corporation, entered into an Airport Lease and License

Agreement with the City of San Angelo effective March 5, 2001, and extended by mutual agreements through October 31, 2012.

Summary: Staff has worked with Skyline Aviation, Inc. on a new FBO Lease and License

Agreement. The proposed lease is for a 1.657 acre tract of land (approximately 72,163 square feet.) Skyline Aviation, Inc. desires to engage in an aeronautical business which may consist of aeronautical service: including the sales, service and rental of aircraft and aircraft engines, parts, radios, equipment, fuel propellants and lubricants; sales demonstrations of aircraft and aircraft accessories, conduct of aircraft charter and local flight service, flight instruction, flying school operations and any other activities reasonably incidental to a flying service. The lease will be for a five-year term with three additional five-year renewal options for a total of twenty years. All of the terms comply with the approved Rates and Charges.

Financial Impact: Rental fee of $2,122.40 per month will result in $25,468.85 annual revenue.

The lease and rates conforms to the approved Schedule of Rates and Charges. Related Vision Item: N/A Other Information/Recommendation: Staff recommends approval. Attachments: Proposed Lease, Expired Skyline Aviation, Inc. lease and Resolution Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-06-2012

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT WITH SKYLINE AVIATION, INC. AS TENANT, OF CERTAIN PROPERTY LOCATED AT 8926 HANGAR ROAD, SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT)

WHEREAS, the City of San Angelo (“City”) is owner the hangar located at 8926 Hangar Road, San Angelo Regional Airport – Mathis Field (Airport), located in Tom Green County, Texas; and, WHEREAS, City presently leases the hangar located at 8926 Hangar Road, Mathis Field (Premises), to Skyline Aviation, Inc. (Skyline) for operation of a fixed base aviation business, which lease term expired October 31, 2012, and the lease continues in effect on a month to month bases pursuant to holdover provision; and WHEREAS, City and Skyline desire to enter into a new “Airport Property Lease and License Agreement” to continue Skyline’s occupancy of the hanger and a reduced land area of the Premises for a five year term beginning January 1, 2013, and providing for an option in Skyline to extend the Lease for up to three additional five year terms; and,

WHEREAS, City shall reserve an option to terminate the Lease as to a portion of the land area of the Premises as may become necessary for access and development of the premises and adjoining land area; and, WHEREAS, City deems it advantageous to authorize the City Manager to execute the Airport Property Lease and License Agreement with Skyline Aviation, Inc. for lease of the Premises and hangar; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute an Airport Property Lease and License Agreement with Skyline Aviation, Inc. of the hangar and subject Premises located at 8926 Hangar Road, San Angelo Regional Airport—Mathis Field, Tom Green County Texas, for operation of a fixed base aviation business, said lease to be for a term of five years effective from January 1, 2013, with Tenant to have the option to extend the Lease term for up to three additional five year terms; and to include an option to City to terminate the Lease as to a portion of the leased Premises that may become necessary for future access and development of the premises and adjoin land area. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Luis Elguezabal, Director of Airport Lysia H. Bowling, City Attorney

AIRPORT PROPERTY LEASE AND LICENSE AGREEMENT

This Airport Lease and License Agreement ("Lease") is entered into between the CITY OF SAN ANGELO, a Texas home-rule municipal corporation, acting by and through its duly authorized City Manager ("Landlord" or "City"), and SKYLINE AVIATION, INC., a Texas for profit corporation, acting by and through its designated Chief Executive Officer pursuant to its bylaws and a resolution of its Board ofDirectors ("Tenant").

RECITALS:

A. Landlord is the owner and operator of the San Angelo Regional Airport-Mathis Field located at 8618 Terminal Circle, San Angelo, Texas ("Airport"); and

B. Tenant desires to engage in an aeronautical fixed base operation in common with others so licensed, which may include: (1) sales, service and rental of aircraft and aircraft engines, parts, equipment, and avionics; (2) storing, dispensing, self-fueling and sale of aircraft fuel propellants and lubricants; (3) performing aircraft maintenance; (4) conducting aircraft charter and local flight service, flight instruction, flying school operations; and (5) any other activity reasonably incidental to the providing of airport related flying services.

C. Landlord deems it advantageous to grant to Tenant the right to conduct the aeronautical fixed base operation hereinabove described;

NOW, THEREFORE, in consideration of the mutual covenants, promises and terms herein contained, Landlord and Tenant agree as follows:

1. PREMISES

1.1 In consideration of the mutual covenants, promises, terms and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is herby acknowledged by each of the parties hereto, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, subject to Landlord's option described at part 1.2 below, the following Premises:

A 1.657 acre tract (approximately 72,163 square feet) ofland including a hangar with offices (approximately 15,378 square feet, hereinafter "Hangar"), said 1.657 acre tract being more particularly described on Exhibit "A", which is attached hereto and incorporated by reference, the same as if fully copied and set forth at length. All of said property is located at 8926 Hangar Road, San Angelo Regional Airport-Mathis Field ("Airport"), Tom Green County, Texas.

Said tract is hereinafter referred to as the "Premises" or the "Property". TENANT HAS EXAMINED, AND ACCEPTS THE HANGAR, IMPROVEMENTS, AND ANY FIXTURES ON THE PREMISES, IN ITS PRESENT "AS-IS" PHYSICAL CONDITION. NO REPRESENTATION, STATEMENT, OR WARRANTY, EXPRESS OR IMPLIED, HAS BEEN MADE BY OR ON BEHALF OF LANDLORD AS TO THE CONDITION OF THE PREMISES, OR AS TO THE USE THAT MAY BE MADE OF THE

PREMISES. IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY REASONABLY APPARENT DEFECT IN THE PREMISES OR FOR ANY LIMITATION ON THE USE OF THE PREMISES NOT WITHIN THE LANDLORD'S CONTROL.

1.2 Landlord Option. Landlord shall have the option during the initial term of this Lease and any extensions thereof, on sixty (60) day written notice to Tenant, to terminate the Lease with respect to that certain portion of the leased premises referred to as "Tract 2" as described in Exhibit "A", attached hereto and made a part hereof for all purposes.:

2. TERM.

Tenant shall, without further notice, peacefully surrender possession and use of Tract 2 to Landlord on or before the sixty first day after Landlord's written notice is given to Tenant. From and after the day that Landlord resumes the possession and use of Tract 2, the rent due hereunder shall be proportionately reduced based upon the ratio of the land area of Tract 2 described in Exhibit "A" to the land area of the Leased Premises, applying the then applicable Airport Schedule of Rates and Charges for the rental of land; i.e. the "Land Rate".

2.1 Fixed Beginning and Termination Date. This Lease is granted for a term of five (5) years beginning January 1_, 2013, and continuing through December 31, 2017.

2.2 Tenant Options to Extend Lease Term.. On the terms and conditions set forth herein, Tenant shall have three, successive options to renew the Lease, each option being for an additional term of five (5) years, the first option extending the term through December 31, 2022, the second option extending the term through December 31, 2027, and the third option extending the term through December 31, 2032, for a total of twenty (20) years, but in no event to extend the term beyond December 31, 2032,

Each extension of the Lease term shall be under the terms, conditions and covenants contained in this Lease, subject to: (a) adjustment of rent by application of the then applicable Airport Schedule of Rates and Charges for rent; and (b) amendment of the required insurance coverage limits applicable as determined by Landlord's Risk Manage.

The exercise of Tenant's Options under this part 2.2 shall be conditioned upon Tenant not then being in default of any term, condition or covenant in this Lease and further provided that Landlord is not prohibited from leasing said property pursuant to any agreement with or requirement from the United States Government such as those situations described in Section 6,2 of this Lease.

2.2.1 Tenant shall exercise each option to renew this Lease by notifying Landlord in writing and delivering such writing to Landlord at the address specified in Section 13.8, entitled "NOTICES", not more than one hundred eighty (180) days and not

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less that sixty ( 60) days prior to the expiration of the primary term. Landlord shall provide Tenant with the current, applicable Airport Schedule of Rates and Charges and the applicable required insurance coverage limits within twenty days of receipt of Tenant's notice of exercise of Tenant's option to extend the Lease term.

2.3 Holdover. Any holding over by Tenant of the Leased Premises after the expiration of this Lease term or any extension thereof shall operate and be construed only as a tenancy from month to month, terminable at the will of Landlord.

3. RENT.

3.1 Rent. Tenant shall pay rent to Landlord for the use of Leased Premises in advance, monthly, in the amount of Two Thousand One Hundred Twenty Two and 40/100 Dollars ($2, 122.40) per month, for a total annual rent of Twenty Five Thousand Four Hundred Sixty-Eight and 85/100 Dollars ($25,468.85) per year. The above rents shall be adjusted effective the first month following every fifth year anniversary of the Lease term by use of the below method (Rent Adjustment), multiplying the rent times the Dallas/Fort Worth Consumer Price Index ("CPI"), to be calculated thirty (30)-days prior to the end of each five (5) year period. The rent shall be adjusted every five (5) years until the expiration of the Lease, in like manner. In no event shall an adjustment of rent based upon the CPI Index as described, result in a reduction of the current rent at the time the rent adjustment is calculated.

31.1 Rent Adjustment - CPl. After the expiration of five ( 5) years, and at the expiration of each five (5) year period thereafter so long as the lease term shall continue, the Annual Rent will be adjusted to the then current, applicable Airport Schedule of Rates and Charges.

3.2 Time. The first of such monthly rental payments shall be due and payable on January 1, 2013, and subsequent payments shall be due and payable on the lOth day of each succeeding month thereafter during the term of this Lease. At the time rent is due monthly under this Lease, Tenant agrees that payment of all fuel flowage fees duly authorized by the City Council of the City of San Angelo incurred during the prior calendar month shall be due and payable, and shall be treated as Additional Rent due under this Lease. Tenant's failure to make timely payment of all fuel flowage fees due hereunder shall constitute a material breach of this Lease. Landlord shall be entitled to all remedies authorized under federal or state law to collect the past due fuel flowage fees, in addition to remedies authorized under this Lease for default, including non-payment of rent.

3.3 Place ofPayment. All payments due by Tenant to Landlord under this Lease shall be made at the Airport Director's office at San Angelo Regional Airport-Mathis Field, 8618 Terminal Circle, Suite 101, San Angelo, Texas 76904, or at such other place as Landlord may from time to time designate by written notice to Tenant.

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3.4 Delinquent Payments. Tenant shall pay to Landlord a late charge or interest for any rent or Additional Rent past due in accordance with established City ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Landlord to terminate this Lease at its option as authorized herein.

4. GRANT OF LICENSE.

4.1 Landlord grants Tenant a non-exclusive license, concurrent with the hereindescribed Lease to engage, in common with others so licensed, in an aeronautical business which may consist of a flying service, including the sales, service and rental of aircraft and aircraft engines, parts, radios, equipment, fuel propellants, and lubricants; sales demonstrations of aircraft and aircraft accessories; conduct of aircraft charter and local flight service; flight instruction; flying school operations; and, any other activities reasonably incidental to a flying service upon the Airport property generally. Tenant shall confine his operation at the Airport to the Leased Premises described on Exhibits A, except for servicing of aircraft upon the ramp and loading apron adjacent to the Airport terminal building provided, however, that under exceptional circumstances, Tenant may service and store aircraft on any other part of the Airport designated by the Airport Manager, except on Premises leased exclusively to another operator. It is agreed that Tenant will not park any aircraft on the ramp when such parking obstructs airline operations. Any parking of aircraft on the ramp may be changed or stopped at any time when deemed necessary by the Airport Manager.

4.1.1 Insofar as the license granted herein is exercised for the purpose of selling aviation fuel, propellants and lubricants, the following conditions shall apply:

(a) Tenant shall have the right to offer the products of any dealer of his choice, provided that Tenant first furnish Landlord with a certified copy of the specifications of the product he proposes to offer, and provided that Landlord approves such product, which approval shall be in the sole discretion of Landlord, before it is offered for sale. Tenant shall furnish Landlord with a certified copy of any laboratory analysis of product as specified by Landlord upon request.

(b) The sale of such products to the general public shall be deemed a public service, and shall be offered to all customers without discrimination, and at prevailing current prices. Tenant shall at all times post on public display in Tenant's service area all current prices for products offered. A copy of each current price list shall be furnished to the Airport Manager as changes in product or pricing occur.


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(c) At the time monthly payment of rent is due, Tenant shall furnish Landlord with a copy of the supplier's delivery tickets for all aviation fuel delivered to Mathis Field for use or sale by Tenant from the previous month to date of payment of rent.

(d) At the time monthly payment of rent is due, Tenant shall furnish Landlord with a copy of all billing on fuel sales made to commercial carrier aircraft operating under contract with the City of San Angelo from the pevious month to date of payment of rent.

(e) Nothing contained herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of the F.A.A.'s latest available edition AC 150/5190-6.

(f) Tenant shall furnish, install, and maintain during the term of this Lease and any extension thereof, at Tenant's expense, and in compliance with all applicable federal, state and local law, rules and regulations, fuel storage facilities adequate for proper, safe and environmentally compliant operation of Tenant's aeronautical business as described herein. Subject facilities will be located on Airport property in the area designated by the Airport Manager. No charges will be levied for the use of designated Airport land but all expenses for expanding the fences and construction of fixtures and facilities shall be born by the Tenant. All fueling facilities and procedures shall conform to pertinent Airport fire and safety regulations.

(g) At the time monthly payment of rent is due, Tenant shall pay, and continue to pay in a timely manner, all applicable fuel flowage fees and any other required Airport fees authorized by federal or state law or by the City Council of the City of San Angelo (Fuel Flowage Fees).

4.2 Tenant shall confine its operation at the Airport to its exclusive area and to those portions of the aircraft ramp area that are designated by the Airport Director. Tenant shall not solicit sales or services for aircraft that are parked or stored in any exclusive area of another fixed based operator located on the Airport.

5. UTILITIES, TAXES AND FEES.

5.1 Utilities. Tenant shall pay before past due or cause to be timely paid all charges for water, sewer, gas, electricity, telephone, cable, trash collection and any and all other utilities or services used or consumed on Leased Premises or incurred in relation to Tenant's aeronautical business, throughout the term of this Lease, including any connection fees.

5.2 Taxes and Assessments. It is further understood and agreed that Tenant shall pay

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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, inventory, personality and improvements thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. Tenant 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 TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS LANDLORD FROM ALL SUCH TAXES, CHARGES AND ASSESSMENTS.

5.3 Incidental Fees. Tenant shall pay or cause to be paid all incidental charges, such as permit fees, incurred in connection with its operation and use of the Leased Premises.

6. LAWS, REGULATIONS AND LIMITATIONS.

6.1 Observance. Tenant shall observe and obey all applicable federal, state and local laws and regulations, including all Environmental Requirements, in the operation of Tenant's aeronautical business on Airport property and in the performance of its obligations under this Lease. Tenant also agrees to observe and obey all Airport rules and regulations promulgated and enforced by the City of San Angelo and by any other governmental authority having jurisdiction over the conduct of operations at the Airport.

6.2 Lease Limited. It is agreed that this Lease shall be limited, notwithstanding its terms, by the provision of any existing or future agreement between Landlord and the United States government, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditures of federal funds for the maintenance or development of the Airport.

6.3 Waste Water. If Tenant's use of the Premises results in the discharge or potential discharge of waste water, Tenant shall immediately apply to the Texas Commission on Environmental Quality (TCEQ) for a waste water discharge permit. Tenant shall also advise the Airport Director of the drains or other waste water facilities Tenant intends to use in disposing of waste waters. The Airport Director may designate sewers or other facilities for Tenant to use for disposal of waste water.

6.4 Hazardous Material/Contaminants. Tenant agrees that Tenant will not cause or permit release, discharge or spillage by Tenant, its licensees, officers, agents, employees, sublessees, business invitees or guests of any hazardous material or contaminants, either intentionally or accidentally, by act or omission, onto Premises or Airport property. If any such release, discharge, or spillage does occur, Tenant shall immediately notify the Airport Director and the TCEQ, promptly followed by written documentation of the notice and shall, at Tenant's expense, comply with all removal and cleanup directives or requirements issued.


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As between Landlord and Tenant, Tenant shall be solely liable for remedial costs and damages relating to any release, discharge or spillage of hazardous substances or contaminants as a result ofthe operation of Tenant's aeronautical business.

TENANT WARRANTS THAT IT HAS INSPECTED THE LEASED PREMISES TO ITS SATISFACTION AND THAT TENANT IS SATISFIED THAT THERE ARE NO HAZARDOUS WASTES OR CONTAMINANTS LOCATED THEREON. TENANT UNDERSTANDS THAT TENANT SHALL REMOVE ANY HAZARDOUS WASTE OR CONTAMINANT FROM PREMISES BEFORE TERMINATION OR ABANDONMENT OF THIS LEASE.

6.5 Easements. It is understood and agreed that this Lease is made subject and subordinate to the terms of any oil, gas and other mineral lease and right-of-way easements of any nature which may have been executed prior to this Lease or which may be executed hereafter by Landlord, in Landlord's sole discretion. If, however, any exploration or production occurs that materially interferes with the conduct of Tenant's business at the Leased Premises, Tenant may terminate this Lease by delivering written notice to Landlord as herein provided.

6.6 Non-discrimination. The Tenant for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the grounds of race, creed, color, national origin or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Airport facilities; (2) that in the construction or use of any improvements on, over or under such land and the furnishing of services thereon, no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of race, creed, color, national origin or sex.

In the event of breach of any of the preceding nondiscrimination covenant, Landlord shall have the right to declare Tenant to be in breach of this Lease agreement, to terminate this Lease, and to re-enter and repossess said Premises.

6.7 Compliance with ADA. Tenant agrees to comply fully with the provisions of the Americans with Disabilities Act.

6.8 Compliance with the Department of Homeland Security. Tenant agrees to comply fully with the guidelines set forth in 49 CFR Part-1542 Airport Security in all pertinent parts as directed either by representatives of the federal government or the Airport Director or his designee.

6.9 Relationships. Tenant, its agents, servants and employees agree to maintain a friendly and cooperative, though competitive, relationship with other companies engaged in similar or like business on Airport Premises. Except in connection with judicial proceedings, Tenant shall not engage in open public disputes, disagreements, or conflicts regarding activities at the Airport which would tend to


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deteriorate the quality of the service of Tenant or its competitors or which would be incompatible with the best interest of the public at the Airport.

7. CONDITION AND USE OF LEASED PREMISES.

7.1 NO WARRANTY. LESSOR MAKES 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. EXCEPT AS TO THE PORTION OF THE LEASED PREMISES DESCRIBED ON EXHIBIT B, ATTACHED, LESSOR WARRANTS THAT AT THE EFFECTIVE DATE OF THIS LEASE AGREEMENT SAID PREMISES ARE NOT IN VIOLATION OF APPLICABLE ENVIRONMENTAL REGULATIONS.

7.2 Acceptance and Use. Landlord and Tenant agree that the Leased Premises will be used as an aeronautical facility. Any other use must have the prior written consent of the City, evidenced by a written amendment to this Lease. Tenant accepts Leased Premises as suitable for such purpose.

7.3 Standards. Landlord reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to maintain standards relative to maximum heights for buildings or other structures and set-back building lines in relation to the runways, taxiways, navigational airspace, parking aprons, or other facility conditions, which would limit or impair the usefulness of the Airport Master Plan or constitute a hazard to aircraft.

7.4 Improvements and Modifications.

7.4.1 Tenant shall not alter or improve Leased Premises in any respect without Landlord's prior written consent. Any such alteration or improvement to which Landlord consents must fully comply with all laws, rules, regulations, codes, standards, and policies (including, without limitation, local Hangar codes and ordinances) of any governmental authority with jurisdiction over the Airport (including, without limitation, the City of San Angelo, Texas), Landlord may not unreasonably withhold its consent with regard to any alteration or improvement that Tenant proposes.

7.4.2 A notice of proposed construction or alterations, as required by Federal Aviation Regulations, C.F.R. Title 14, Chapter 1, Subchapter E, Part 77, shall be submitted to Landlord and the Federal Aviation Administration for approval the earlier of sixty (60) days prior to commencement of constructing any Hangar or structure on the Leased Premises or as otherwise required pursuant to the federal regulation.

7.4.3 No construction shall be commenced within or upon the Leased Premises until such proposed construction is approved in writing by Landlord and,


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if applicable, the Federal Aviation Administration, and any attempted construction commenced prior to receipt by Tenant of such written approval(s) shall, at the option of Landlord, constitute a breach of this Lease by Tenant.

7.5 Ingress and Egress. Tenant and its employees, patrons, guests, invitees, contractors and subcontractors, shall have the right of ingress to and egress from the Leased Premises and the right, in common with others so authorized, to use common areas of the Airport, including runways, taxiways, aprons, navigational facilities, roadways, parking areas, subject to federal, state, City and Airport rules and regulations.

7.6 Storage and Parking. Outside storage including, but not limited to, equipment, parts, accessories, vehicles (whether operable, abandoned or inoperable), is expressly prohibited. Other uses, including temporary parking of motor vehicles, incident to Tenant's operation, unless specifically approved herein, shall be upon the Leased Premises only. Tenant shall not use or permit employees, patrons, invitees or guests to use Airport property in a manner contrary to the rules and regulations of the Airport.

7.7 Aircraft and Vehicle Identification. Tenant agrees to register all aircraft and vehicles to be used in its business on the Airport property, with the Airport Director.

7.8 Noise Abatement. Tenant shall actively participate in and comply with all noise abatement procedures, policies and programs as set forth by Landlord.


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8. REPAIRS AND MAINTENANCE.

8.1 Tenant's Duties.

8.1.1 Except for the specific maintenance obligations Landlord undertakes hereunder, Tenant shall be responsible for the repair and maintenance of the Hangar fixtures and equipment, including: hangar structure, paving, fixtures, plumbing, air-conditioning and heating units (HV AC), water heaters, non-load bearing walls, paint, flooring, windows, window glass, plate glass, doors, hangar aircraft doors, pest control and extermination, and all equipment and improvements (hereinafter collectively referred to as "Improvements") that are presently located or to be located or constructed on the Leased Premises. In the event Tenant shall fail to keep said Improvements maintained as herein required, as determined in the sole discretion of Landlord, then the Landlord, after notice to Tenant of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required maintenance, and Tenant expressly agrees that the reasonable cost of any such labor and materials shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Tenant,

8.1.2 Tenant further agrees to keep and maintain the Leased Premises in a neat, clean and respectable condition by prompt removal of all trash, litter, debris and junk, and shall keep said Premises cleared of all objectionable matter. In the event Tenant shall fail to keep and maintain the Leased Premises as herein required, as determined in the sole discretion of Landlord, then the Landlord, after notice to Tenant of the default and providing time to comply as herein provided, shall have the power and express authority to cause or require the labor and materials to be expended that are reasonably necessary to accomplish the required maintenance, and Tenant expressly agrees that the reasonable cost of any such labor and materials shall be deemed additional rent, becoming past due thirty (30) days from the date on which any such maintenance work is completed and notice of the amount due is given to Tenant,

8.2 Landlord's Duties.

8.2.1 Landlord shall

(a maintain in good condition the structural parts of the Hangar building, namely the roof, foundation and load bearing and exterior walls, but excluding the maintenance obligations of the Tenant set forth herein;

(b Landlord shall repaint the exterior of the building one time within


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one year of the commencement of the initial Lease term. Thereafter, Tenant shall be solely responsible for painting and maintenance of the exterior of the hangar during the initial term of this Lease and any extensions thereof; and,

(c) Landlord will repair the parking lot paving within one year of the commencement of the initial Lease term. Thereafter, Tenant shall be solely responsible for maintenance of the parking lot and paving during the initial term of this Lease and any extensions thereof;

(d) Landlord will cause a qualified structural engineer to inspect the north exterior wall of the hangar for structural integrity and make any necessary repairs within one year of the commencement of this Lease.

(f) Landlord will inspect the hangar roof for leaks at the west exterior wall and make any necessary repairs.

8.2.2 Landlord shall maintain the common areas of the Airport facilities.

8.2.3 Landlord shall maintain and operate the Airport in compliance with the safety and security regulations established by the Federal Aviation Administration and other appropriate regulatory authorities.

8.2.4 Landlord shall maintain and operate San Angelo Regional Airport-Mathis Field with adequate and efficient personnel, keep in good repair the airport appurtenances and facilities, and keep access ways and approaches reasonably free from obstruction, congestion and interference.

8.2.5 If any such maintenance or repairs are necessitated solely by the acts of Tenant or its employees, agents, contractors, sub-contractors, licensees, invitees or guests, Tenant shall reimburse Lessosr for the reasonable cost thereof, as additional rent, to be paid within thirty (30) days after notice of such cost is given to Tenant as herein provided.

8.3 Force Majeure/National Emergency. Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants or conditions of this Lease due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage, or any other circumstances for which such party is not responsible or which is not in its power to control. During a time of war or national emergency, City reserves the right to alter, amend or suspend this Lease upon demand of military, naval or other proper authorities of the United States government or the State of Texas.

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8.4 Damage or Destruction of Leased Premises.

8.4.1 If the Leased Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but the Hangar is not rendered untenantable, in whole or in part, the Landlord shall proceed to complete the Structural Repair of the Hangar and Tenant shall repair all other damage at its cost and expense with due diligence.

8.4.2 If the damage shall be so extensive as to render the Hangar on the Leased Premises untenantable, in whole or in part, but in Landlord's estimation Structural Repair can be completed in one hundred and twenty (120) days, Landlord shall proceed to complete the Structural Repair of the Hangar and Tenant shall repair all other damage at its cost and expense with due diligence, and the rent payable herein shall be abated in proportion to the diminished utility of the Leased Premises from the time the damage occurs until Landlord completes Structural Repair of the Hangar.

8.4.3 In the event that the Hangar on Leased Premises is completely destroyed by fire, explosion, the elements, public enemy or other casualty, or so damaged that it will remain untenantable, in whole or in part, for more than one hundred and twenty (120) days, in Landlord's estimation of the time necessary for Structural Repair of the Hangar (the Restoration Estimate), either party to this Lease may terminate this Lease by delivering written notice to the other within fourteen (14) days after the delivery of Landlord's Restoration Estimate. Landlord must furnish that Restoration Estimate to Tenant within thirty (30) days after the occurrence of the damage. If neither party gives the other notice of termination of the Lease as hereinabove provided, Landlord shall proceed to complete the Structural Repair of the Hangar and T errant shall repair all other damage at its cost and expense with due diligence; and the rent payable herein shall be abated in proportion to the diminished utility of the Leased Premises from the time the damage occurs until Landlord completes Structural Repair of the Hangar.

8.4.4 If Landlord fails to complete the Structural Repair of the Hangar on the Leased Premises that renders the Hangar untenantable by the one hundred eightieth (180th) day after the occurrence of the structural damage to the Hangar, Tenant may terminate this Lease by giving a written notice of termination to Landlord as herein provided.

8.5 Right of Entry. Landlord or its designee may enter Leased Premises at any time upon reasonable notice to Tenant, for any purpose necessary, incidental to, or connected with the exercise of it duties and obligations as the Airport Owner, including, but not limited to the following: fire protection, security purposes, repairs, additions, alterations, or inspections for compliance with applicable law,


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regulation, or lease compliance.

9. INSURANCE.

9.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Tenant for the purpose of complying with this Lease.

9 .1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

9 .1.2 Named Insureds. All insurance policies required herein shall be drawn in the name of Tenant, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers' Compensation coverage.

9.1.3 Waiver of Subrogation. Tenant shall require its insurance carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees. Landlord shall waive all claims against Tenant for damages covered normally by Fire and Casualty damage insurance with standard extended coverage.

9 .1.4 Certificates of Insurance. At or before the time of execution of this Lease, Tenant shall furnish City's Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Tenant and insurance company shall immediately provide written notice to City's Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City's Risk Manager at City Hall, 72 West College or P.O. Box 1751, San Angelo, Texas 76903.

9.1.5 Tenant's Liability. The procurement of such policy of insurance shall not be construed to be a limitation upon Tenant's liability or as a full performance on its part of the indemnification provisions of this Lease. Tenant's obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the Premises. Failure of


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Tenant to maintain adequate coverage shall not relieve Tenant of any contractual responsibility or obligation.

9.1.6 Sub lessees' Insurance. Tenant shall cause each Sub lessee of Tenant to purchase and maintain insurance of the types and in the amounts specified below. Tenant shall require Sub lessees to furnish copies of certificates of insurance to Landlord's Risk Management Department evidencing coverage for each Sub lessee.

9.2 Types and Amounts of Insurance Required. Tenant shall obtain and continuously maintain in effect at all times during the term hereof, at Tenant's sole expense, insurance coverages on a primary basis, non-contributory with any other insurance coverage, as follows with limits not less than those set forth below:

9.2.1 Commercial General Liability (CGL) or equivalent Aviation Liability. This policy shall be an occurrence-type policy and shall protect the Tenant and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Tenant's employees) and damage to property of the City or others arising out of the act or omission of the Tenant or its agents and employees. There shall be no endorsement or modification of the GCL limiting the scope of coverage for liability assumed under the Lease or liability arising from pollution, explosion, collapse, underground property damage, or damage to the premises or improvements. This policy shall also include protection against claims for the contractual liability assumed by Tenant under the parts of this Lease entitled "Indemnification" and "Environmental Indemnification", including completed operations, products liability, contractual coverage, broad form property coverage, explosion, collapse, underground, Premises/operations, and independent contractors (to remain in force for two years after final payment). Coverage shall not be less than:

$ 2,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 500,000.00

General Aggregate Products- Completed Operations Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (any one fire)

9.2.2 Business Automobile Liability. This policy shall be written in comprehensive form and shall protect Tenant and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles and shall cover operation on and off the Premises of all motor vehicles licensed for highway use, whether they are owned, non-owned or hired. Coverage shall not be less than:

$ 1,000,000.00


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Combined Single Limit

9.2.3 Comprehensive Aircraft Liability. This policy shall be an occurrence-type policy, written in comprehensive form and shall protect Tenant and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than Tenant's employees) and damage to property of Landlord or others arising out of the act or omission of the Tenant or Tenant's agents and employees. This policy shall also include protection against claims normally insured by personal injury liability coverage and claims pertaining to: the contractual liability assumed by Tenant under the paragraph of this Lease entitled "Indemnificatiion", completed operations, products liability, contractual liability, leased premises/operations, and independent contractors and shall include broad form property coverage. Coverage shall remain in force for two years after termination of this Lease and shal be as follows:

$ 500,000.00 $2,000,000.00

Each Passenger Each Occurrence

9.2.4 Workers' Compensation and Employer's Liability. If Tenant hires any employees, Tenant shall maintain Workers' Compensation and Employer's Liability insurance, which shall protect the Tenant against all claims under applicable state workers' compensation laws and employer's liability. The insured shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. Coverage shall not be less than:

Statutory Amount $ 500.000.00 $ 500,000.00

$ 500,000.00

Workers' Compensation Employer's Liability, Each Accident Employer's Liability, Disease - Policy Limit Employer's Liability, Disease - Each Employee

The foregoing requirement will not be applicable if, and so long as, Tenant qualifies as a self-insurer under the rules and regulations of the commission or agency administering the workers' compensation program in Texas and furnishes evidence of such qualification to Landlord in accordance with the notice provisions of this Lease.

If Tenant uses contract labor, Tenant shall require its contractor to maintain the above referenced coverage and furnish copies of certificates of insurance as required herein.

9.2.4 Environmental Liability. This insurance shall be maintained in force for the full period of this Contract and cover losses caused by pollution conditions including, but not limited to, any spill, underground pollution or any other environmental impairment. It shall apply to bodily injury;


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(including death) property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including, but not limited to, any costs required under CERCLA; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is written on a claims made basis, Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time the Contract has expired. Coverage shall not be less than:

$1,000,000.00 per loss $2,000,000.00 Annual aggregate

10. INDEMNIFICATION.

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

10.2 ENVIRONMENTAL.

1 0.2.1 Definitions.

(a) Hazardous Material. Hazardous Material means any substance:

(i) the presence of which requires investigation, notice or remediation under any federal, state or local statute,


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regulation, ordinance, order, action, policy or common law; or

(ii) which is or becomes defined as a "hazardous material," "hazardous waste," "hazardous substance," "regulated substance," "pollutant" or "contaminant" under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. (S)9601 et seq.), Toxic Substances Control Act (15 U.S.C. (S)2601 et seq.), and/or the Resource Conservation and Recovery Act (42 U.S.C. (S)6901 et seq.); or

(iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, or of the State in which the Premises are located or any political subdivision thereof; or

(iv) the presence of which on the Premises causes or threatens to cause a nuisance upon the Premises or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Premises; or

(v) which contains gasoline, diesel fuel or other petroleum hydrocarbons; or

(vi) which contains polychlorinated biphenyls (PCBs), asbestos or urea fmmaldehyde foam insulation; or

(viii) radon gas.

(b) Environmental Requirements. Environmental Requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation:

(i) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and


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remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and

(ii) All requirements pertaining to the protection of the health and safety of employees or the public.

(c) Environmental Damages. Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys' fees and disbursements and consultants' and witnesses' fees, any of which are incurred at any time as a result of the existence of Hazardous Material upon, about, beneath the Premises or migrating or threatening to migrate to or from the Premises, or the existence of a violation of Environmental Requirements pertaining to the Premises, including without limitation:

(i) Damages for personal injury, or injury to property or natural resources occurring upon or off of the Premises, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties including but not limited to claims brought by or on behalf of employees of Tenant;

(ii) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision or court, or reasonably necessary to make full economic use of the Premises and any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys' fees, costs and expenses


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incurred in enforcing this agreement or collecting any sums due hereunder;

(iii) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced herein; and

(iv) Diminution in the value of the Premises and adjoining property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Premises and adjoining property.

1 0.2.2 Tenant's Obligation to Remediate. Notwithstanding the obligation of Tenant to indemnify Landlord pursuant to this agreement, Tenant shall, upon demand of Landlord, and at its sole cost and expense, promptly take all reasonable and necessary actions to remediate the Premises which are reasonably necessary to mitigate Environmental Damages or to allow full economic use of the Premises, or are required by Environmental Requirements, which remediation is necessitated by the ( 1) introduction of a Hazardous Material upon, about or beneath the Premises, except as otherwise permitted in the use provisions hereof, or (2) a violation of Environmental Requirements, either of which is caused by the actions of Tenant, its employees, agents, contractors, subcontractors, guests, invitees or licensees. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Premises, the preparation of any feasibility studies, reports or remedial plans, and the performance of any cleanup, remediation, containment, operation, maintenance, monitoring or restoration work, whether on or off of the Premises. Tenant shall take all actions necessary to restore the Premises in accordance with applicable environmental regulations to the condition existing prior to the introduction of Hazardous Material upon, about or beneath the Premises, notwithstanding any lesser standard of remediation allowable under applicable law or governmental policies. All such work shall be performed by one or more contractors, selected by Tenant and approved in advance and in writing by Landlord. Tenant shall proceed continuously and diligently with such investigatory and remedial actions, provided that in all cases such actions shall be in accordance with all applicable requirements of governmental entities. Any such actions shall be performed in a good, safe and workmanlike manner and shall minimize any impact on the business conducted at the Premises. Tenant shall pay all costs in connection with such investigatory and remedial activities, including but not limited to all power and utility costs, and any and all taxes or fees that may be applicable to such activities. Tenant shall promptly provide to Landlord copies of testing results and reports that are generated in connection with the above activities, and copies of any correspondence with any governmental entity related to such activities. Promptly upon completion of such investigation and remediation, Tenant shall permanently seal or cap all monitoring wells and test holes to industrial standards in compliance with applicable federal, state and local laws and regulations, remove all associated equipment, and restore the Premises to the maximum extent


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possible, which shall include, without limitation, the repair of any surface damage, including paving, caused by such investigation or remediation hereunder. Provided, however, that Tenant shall not be obligated to remediate environmental damages which result from seepage of Hazardous Materials onto the Premises from adjacent property unless the presence on the adjacent property was caused by Tenant or its employees, agents, contractors, subcontractors, guests, invitees or licensees.

10.2.3 Notification. If Tenant shall become aware of or receive notice or other communication concerning any actual, alleged, suspected or threatened violation of Environmental Requirements, or liability of Tenant for Environmental Damages in connection with the Premises or past or present activities of any person thereon, or that any representation set forth in this agreement is not or is no longer accurate, including but not limited to notice or other communication concerning any actual or threatened investigation, inquiry, lawsuit, claim, citation, directive, summons, proceeding, complaint, notice, order, writ, or injunction, relating thereto, then Tenant shall deliver to Landlord, within ten days of the receipt of such notice or communication by Landlord, a written description of such violation, liability, correcting information, or actual or threatened event or condition, together with copies of any such notice or communication. Receipt of such notice shall not be deemed to create any obligation on the part of Landlord to defend or otherwise respond to any such notification or communication.

10.2.4 Negative Covenants.

(a) No Hazardous Material on Premises. Except in strict compliance with all Environmental Requirements, and except as otherwise permitted in the use provisions hereof, Tenant shall not cause, permit or suffer any Hazardous Material to be brought upon, treated, kept, stored, disposed of, discharged, reLeased, produced, manufactured, generated, refined or used upon, about or beneath the Premises by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees, or any other person. Tenant shall deliver to Landlord copies of all documents which Tenant provides to any governmental body in connection with compliance with Environmental Requirements with respect to the Premises, such delivery to be contemporaneous with provision of the documents to the governmental agency.

(b) No Violations ofEnvironmental Requirements. Tenant shall not cause, permit or suffer the existence or the commission by Tenant, its agents, employees, contractors, subcontractors or guests, licensees or invitees, or by any other person a violation of any Environmental Requirements upon, about or beneath the Premises or any portion thereof.

(c) No Environmental or Other Liens. Tenant shall not create or suffer or permit to exist with respect to the Premises, any lien, security interest or other charge or encumbrance of any kind, including without limitation,

Z:\Leases\AP - 13-036_AP _SKYLINE_LEASE2.docx

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any lien imposed pursuant to section 107(f) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. section 9607(1) or any similar state statute to the extent that such lien arises out of the actions of Tenant, its agents, employees, contractors, subcontractors or guests, licensees or invitees.

10.2.5 Landlord's Right to Inspect and to Audit Tenant's Records. Landlord shall have the right in its sole and absolute discretion, but not the duty, to enter and conduct an inspection of the Premises and to inspect and audit Tenant's records concerning Hazardous Materials at any reasonable time to determine whether Tenant is complying with the terms of the Lease, including but not limited to the compliance of the Premises and the activities thereon with Environmental Requirements and the existence of Environmental Damages as a result of the condition of the Premises or surrounding properties and activities thereon. If Landlord has reasonable cause to believe Tenant is in default with respect to any of the provisions of this Lease related to Hazardous Materials, Environmental Requirements or Environmental Damages, then Landlord shall have the right, but not the duty, to retain at the sole expense of Tenant an independent professional consultant to enter the Premises to conduct such an inspection and to inspect and audit any public records or reports prepared by or for Tenant concerning such compliance. Tenant hereby grants to Landlord the right to enter the Premises and to perform such tests on the Premises as are reasonably necessary in the opinion of Landlord to assist in such audits and investigations. Landlord shall use reasonable efforts to minimize interference with the business of Tenant by such tests inspections and audits, but Landlord shall not be liable for any interference caused thereby.

10.2.6 Landlord's Right to Remediate. Should Tenant fail to perform or observe any of its obligations or agreements pertaining to Hazardous Materials or Environmental Requirements, then Landlord shall have the right, but not the duty, without limitation upon any of the rights of Landlord pursuant to this agreement, to enter the Premises personally or through its agents, consultants or contractors and perform the same. TENANT AGREES TO INDEMNIFY LANDLORD FOR THE COSTS THEREOF AND LIABILITIES THEREFROM AS SET FORTH IN THIS LEASE.

10.2.7 Landlord's Obligation to Remediate. Landlord agrees to remediate all Environmental Damages (1) caused by Landlord, its agents, employees, contractors, subcontractors, guests, licensees or invitees, or (2) not so caused but arising prior to Commencement Date hereof and not caused by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees.

10.2.8 Landlord's Obligation to Indemnify, Defend and Hold Harmless Concerning Environmental Matters. Landlord, its successors, assigns and guarantors, agree to defend, reimburse and hold harmless, if or to the extent permitted by law, the following persons from and against any and all Environmental Damages arising from activities of Landlord or its employees,


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agents, contractors, subcontractors or guests, licensees, invitees; or which occurred prior to the Commencement Date (and were not caused by Tenant, its agents, employees, contractors, subcontractors, guests, licensees or invitees) which (1) result in the presence of Hazardous Materials upon, about or beneath the Premises or migrating to or from the Premises, or (2) result in the violation of any Environmental Requirements pertaining to the Premises and the activities thereon:

(a) Tenant; and,

(b) the directors, officers, shareholders, employees, partners, agents, contractors, subcontractors, experts, licensees, affiliates, lessees, mortgagees, trustees, heirs, devisees, successors, assigns and invitees of Tenant. This obligation shall include, but not be limited to, the burden and expense of the indemnified parties in defending all claims, suits and administrative proceedings, including attorneys' fees and expert witness and consulting fees, even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons, and all such expenses incurred in enforcing the obligation to indemnify. Landlord, at its sole expense, may employ additional counsel of its choice to associate with counsel representing Tenant.

10.2.9 Survival ofEnvironmental Obligations. The obligations ofLandlord and Tenant as set forth in this Part 10 and all of its subparagraphs shall survive termination of this Lease.

10.2.10 ENVIRONMENTAL INDEMNIFICATION. TENANT AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD CITY AND ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS' FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH ENVIRONMENTAL DAMAGES OCCURRING ON OR OFF THE LEASED PREMISES OR AIRPORT PROPERTY, INCLUDING THE EXPENSE OF THE REMEDIATION THEREOF,RESULTING FROM OR ARISING OUT OF ACTS OR OMMISSIONS OF TENANT OR LESSEE'S AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, GUESTS, LICENSEES OR INVITEES. TENANT SPECIFICALLY AGREES TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD HARMLESS CITY AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA. TENANT SHALL BE


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RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF TENANT OR ANY PERSON ACTING ON BEHALF OF TENANT REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. TO THE EXTENT THAT TENANT IS NOT RESPONSIBLE FOR THE REMEDIATION OR OTHER DAMAGES UNDER THIS LEASE, LANDLORD AGREES, IF AND TO THE EXTENT PERMITTED UNDER TEXAS LAW, TO INDEMNIFY, DEFEND, REIMBURSE AND HOLD TENANT, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENAL TIES, FINES, DAMAGES, LOSSES, ATTORNEYS' FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING OUT OF THE HANDLING, COLLECTION, TRANSPORTATION, STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE OF WASTE COLLECTED, TRANSPORTED OR PLACED WITHIN A LANDFILL OR ANY CLEANUP ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR SURFACE WATER CONTAMINATION OTHER THAN BY THE ACTS OR OMISSIONS OF TENANT OR ANY PERSON ACTING ON BEHALF OF TENANT. LANDLORD SPECIFICALLY AGREES, IF AND TO THE EXTENT PERMITTED UNDER TEXAS LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS TENANT AGAINST ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE ASSERTED UNDER CERCLA OTHER THAN FOR THE ACTS OR OMISSIONS OF TENANT OR LESSEE'S AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, GUESTS, LICENSEES OR INVITEES, OR ANY OTHER PERSON ACTING ON BEHALF OF TENANT. LANDLORD SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL, UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF LANDLORD REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.


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10.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS LEASE SHALL SURVIVE THE EXPIRATION OF THIS LEASE AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS LEASE BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF TENANT IN PERFORMING UNDER THIS LEASE.

10.4 APPLICATION TO SURROUNDING PROPERTY. THE INDEMNIFICATION PROVISIONS OF THIS LEASE EXTEND TO CLAIMS AND ASSESSMENTS RELATING TO RUNOFF, LEACHATE, OR OTHER INFILTRATION THAT MAY OCCUR OR HAS OCCURRED AT OR NEAR THE SITE OF LANDFILLS, TRANSFER STATIONS, OR OTHER SOLID WASTE FACILITIES AND SURROUNDING AREAS AND FOR WHICH LIABILITY IS ASSERTED TO HAVE EXISTED FROM OPERATION OF THE LEASED PREMISES BY TENANT.

11. TERMINATION OF LEASE.

11.1 Termination. A finding of violation of any applicable law or regulation by a trial court or state or federal regulatory agency having jurisdiction is a material breach of this Lease for which Landlord may terminate the Lease or elect such other remedy as Landlord may be entitled to hereunder, at law or in equity ..

11.2 Abandonment/Default. In the event Tenant shall (1) abandon the Leased Premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Tenant and such default continues for a period of thirty (30) days after notice thereof, Landlord shall have the right to re-ener and take possession of the Leased Premises and all personal property therein and to remove Tenant and Tenant's agents and employees therefrom, and either: (1) terminate this Lease and sue Tenant for damages for breach of the obligations of Tenant to Landlord under this Lease; or, (2) without terminating this lease, re-let, assign or sublet the Leased Premises and personal property, as the agent and for the account of the Tenant with a new tenant for such period as Landlord may deem best and collect any rent due upon any such re-letting. In this event, the rents received on any such re-letting shall be applied first to the expenses of re-letting and collecting, including, without limitation, all repossession costs, reasonable attorneys' fees, and real estate brokers' commissions, alteration costs and expenses of preparing such Premises for reletting, and thereafter toward payment of the rental and of any other amounts payable by Tenant to Landlord. If the sum realized shall not be sufficient to pay the rent and other charges due from Tenant, then within five (5) days after demand, Tenant will pay to Landlord any deficiency as it accrues. Landlord may sue therefore as each deficiency shall arise if Tenant shall fail to pay such deficiency within the time limited. In the event Landlord elects to re-enter or take


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possession of the Premises, Tenant shall quit and peaceably surrender the Premises to Landlord, and Landlord may enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and may have, hold and enjoy the Premises and the right to receive all rental income of and from the same .. Likewise, if Landlord shall default in performance of any of the covenants and conditions required herein to be kept and performed by Landlord, and such default continues for a period of thirty (30) days after notice thereof, Tenant shall have the right to terminate this Lease. Notice shall be sufficient if given in accordance with the notice provision in this Lease

11.3 Bankruptcy or Insolvency. In the event Tenant: (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 Tenant under any relevant Bankruptcy Act in force in any jurisdiction available to Tenant, or Tenant seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of Tenant 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 Tenant 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 undismissed for an aggregate of one hundred twenty (120) days, or if any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties or of the Premises is appointed without the consent or acquiescence of Tenant and such appointment remains un-vacated for an aggregate of twenty (20) days; then either such event shall constitute a default by Tenant and Landlord shall have the right to terminate this Lease.

11.4 Re-entry By Landlord. In the event Landlord elects to re-enter or take possession of the Leased Premises, Tenant shall quit and peaceably surrender the Premises to Landlord, and Landlord may enter upon and re-enter the Premises and possess and repossess itself thereof, by force, summary proceedings, ejectment or otherwise, and may dispossess and remove Tenant and may have, hold and enjoy the Premises and the right to receive all rental income of and from the same. Upon termination of this dLease, Landlord may re-enter and take immediate possession of the Leased Premises and remove Tenant's effects, property and improvements, with or without process of law, without being deemed guilty of trespassing. Any property, effects or improvements left by Tenant and not removed or retrieved within thirty (30) days of termination of this Lease, shall be deemed abandoned by Tenant and subject to disposal at the discretion of Landlord. Tenant shall reimburse Landlord for any storage fees incurred by Landlord in temporarily holding property of Tenant. Landlord shall not be liable for damages by reason of re-entry.


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11.5 Possession. Tenant agrees at the termination of this Lease to deliver possession peacefully to the Landlord or its agents or employees; and if it fails to give peaceful possession, Landlord may take forceful possession of the leased property and eject all parties therefrom without being guilty of trespass; and all resulting damages are hereby waived.

11.6 Attorneys' Fees and Expenses. In the event of the breach of any ofthe covenants, conditions or obligations contained herein by the Tenant, or if it becomes necessary for the Landlord to employ attorneys to enforce its rights accruing as a result of such default, Tenant agrees to pay Landlord reasonable attorneys' fees and all costs of court and expenses incurred as a result.

11.7 Other Remedies. Any termination of this Lease arising from Tenant's default shall not relieve Tenant from the payment of any sum or sums that are due and payable to Landlord under this Lease, or any claim for damages then or thereafter accruing against Tenant under this Lease. Any such termination shall not prevent Landlord 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 Tenant for any default under this Lease. All rights, options, and remedies of Landlord contained in this Lease or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and Landlord 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 Landlord 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.

11.8 Removal of Improvements. All equipment, machinery, and trade fixtures installed on the Leased Premises by Tenant shall remain the property of Tenant and shall be removed within thirty (30) days after the termination of this Lease, provided Tenant is not then in default in the performance of any of its obligations or covenants herein contained, and provided further that any damage to the realty or structure upon which such items are situated or installed from their removal is fully repaired by Tenant at time of removal. No equipment, machinery, or trade fixtures installed on the Leased Premises by Tenant shall be removed by Tenant until all rentals due Landlord by Lesse shall have been paid in full. Not withstanding the foregoing, all property remaining on the Leased Premises after the expiration of sixty ( 60) days following the termination of this Lease, however terminated, shall be deemed abandoned by Tenant and shall become the property of Landlord.

12. WARRANTY OF TITLE AND QUIET ENJOYMENT.

12.1 Landlord covenants that Landlord has the right to lease the Premises in the manner described herein and that Tenant shall peaceably and quietly have, hold, occupy, and enjoy the Premises during the term of the lease subject to the terms


Page 26 of 3 0

and conditions hereof.

13. MISCELLANEOUS.

13.1 Relationship of Landlord and Tenant. The relationship between Landlord and Tenant at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.

13.2 Parties Bound. This agreement shall be binding upon and inure to the benefit of the parties of this Lease and their respective successors and assigns.

13.3 Headings. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provision of this Lease.

13.4 .No Assignment. Except as otherwise provided herein, Tenant shall not transfer, assign, sublet, license, encumber or pledge the Leased Premises or this Lease, in whole or in part, without the prior written consent of Landlord.

13.5 Texas Law to Apply. 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.

13.6 Invalid or Illegal Provisions. If any one or more provisions of this Lease are for any reason held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability will not affect any other provision of the Lease, which will be construed as if it had not included the invalid, illegal or unenforceable provision.

13.7 No Waiver of Breach. No assent, or waiver expressed or implied, or failure to enforce, as to any breach of any one or more of the covenants or agreements herein shall be deemed or taken to be a waiver of any succeeding or additional breach.

13.8 Notices. Any formal notice required or permitted under this Lease shall be deemed sufficiently given if it is in writing and personally delivered, or sent by overnight express delivery service or deposited in the United States mail, postage prepaid and sent by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served three (3) days after the date said notice is postmarked to the addressee, postage prepaid.

Until changed by written notice given by one party to the other, the addresses of the parties shall be as follows:


Page 27 of 3 0

LANDLORD: CITY OF SAN ANGELO

TENANT

San Angelo Regional Airport-Mathis Field Attn: Airport Director 8618 Terminal Circle, Ste. 101 San Angelo, Texas 76904

SKYLINE AVIATION, INC. Attention : Blake Gossett 8926 Hangar Rd. San Angelo, Texas 76904

13.9 Venue. Parties agree that venue shall be in Torn Green County, Texas.

13 .1 0 Inurernents. The covenants and agreements herein contained shall bind and inure to the benefit of Landlord and Tenant and their respective successors. This Lease shall be signed by the parties in duplicate, each of which shall be a complete and effective original lease.

13.11 Survival of Claims. The provisions of the Agreement relating to indemnification from one party hereto to the other party shall survive any termination or expiration of this Lease. Additionally, any provisions of this Lease which require performance subsequent to the termination or expiration of this Lease shall also survive such termination or expiration.

13.12 Remedies. Any termination of this Lease shall not relieve either party from the payment of any sum or sums that are due and payable under this Lease or any claim for damages then or thereafter accruing under this Lease. Any such termination shall not prevent either party from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for under the terms hereof, or by law, or from recovering damages under this Lease. All rights, options, and remedies of either party contained in this Lease or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other; and either party 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 of 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.

13.13 Entire Agreement/ Amendments. This Lease constitutes the entire agreement between the parties; and Landlord is not bound by any agreement, condition or stipulation, understanding or representation made by any of Landlord's agents not contained herein. No amendment to this Lease shall be effective unless such is in writing and signed by both parties


Page 28 of 3 0

[Signature Page to Follow]

Vi:iJ V~/ UV J V f.!. I

EXECUTED in duplicate originals on the dates specified below.

LESSOR:£fT.:'(. OF SAN ANGELO

By: Daniel v menz.uela, City Manager

ATTEST: Date: _____________ _

Alicia Ramirez, City Clerk SKYLINE AVIATION, INC.

By:

ATTEST: Date:

By:

Name: _________________ __

Title:

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the __ day of , 2012, by Daniel Valensuela, as City Manager of the City of San Angelo, a Texas home-rule municipal corporation on behalf of said corporation.

Notary Public, State of Texas THE STATE OF TEXAS § COUNTYOF~S0

;tt:J~ -rfi,

This instrument was acknowledged before me on the /G.-( day of'DrCt"J1ht'!,2012, by

Blake Gossett as President of Skyline Aviation, Inc., a Texas for profit corporation, and __ _ --'-----------' 4ts · , on behalf ofsaid corporation. ·

Z:\Leasesi.A.P- i 3-036_AP _SKYLii'IE_LEASE2.docx

Page 2'? of 3 0

~~~~""'--= Notar ublic, State ofTexas

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

APPROVED FOR INSURANCE AND INDEMNIFICATION:


Page 30 of 3 0

.s E

1:!

cone.

Tract 1 tA 1. T76 Ac \•. PPfox. 50 sa·· ·

r----. • · 9 Sq,Ft.)

~~be, . ->f-. ___ .

Set 3/fS' spike on west edge 6J b[!ried cc.r\crete drain f'tom which point for NW cor "708.05 Ac" brs. N 13'35'00"W 1481.88' Let = 31'21'08..8" North Long = 1'00';3,0'16.2'' West

metnl hangar

me\o! hanger

Skyline Aviation 8926 Hangor Rd.

(oppt<><. 15,378 Sq.Ft. excluding owrrhonqs)

u <: 0 u

f>oint. for ·earner ori W.e$1 e<;lge / .of osph!Jit fr.am which .a 5f.B." iron rod wjth. 0op marked 'RPLS 4261" set for witness. brs. N B.2~37'4<t W 0.25 qnr;! point for NW ;:or "708.05 Ad' brs. N 26'3.8'58"W 1698..95

0 = point unless otherwise noted 106 - * - = chain link fence

(} 60

SCALE: i" = 60'

NOTES Courses, distances and coordinates shown ore of the Texas Coordinate System of l927~Centrol Zonec

CO\ltSe r.eference is the west lin.e of 2.827 !)ere l'rott .•

WASHINGTON COUNTY SCHOOL LAND 120 ASST. 3943

i

PLAT SHOWING SKYUNE AVIATION LEASE TRACT

AT SAN ANGELO REGIONAL AIRPORT

TOM GREEN CGUNTY, TEXAS The h~ose tract shown her«on .wos :surveyed bosl!d upQn ihstroctions Prepared from sutveys. made on the ·ground March 17,

this the 1st day a(rz:r, :612. 20,09, by City of StJn Anyelo p.ersonnel. The existenc.e or locotion oi current leases or other mo.tters Of ~etord wer-e not researched for the ,purpose of this su.rv<iy,

Buildings .and other improvements s!rowil hereon eire shown for pictorial purposes t;nly and . do not tepre:sent oil irT)ptovements that exist.

Also .see accompanying descriptions.

·Thoma . Houston Registered Profession Land Surveyor· No, 4261

oFFICf;· OF This pltit is invalid WILSON LAND S1JJW$.YING, JNC. without orlginol signature

ond e_mb.o.SSed seoaL 1514 W. BEAURECARO AVE. ?. 0. BOX 3326 PH. 325.-653-3916.

'SAN ANGElO, TEXAS 7690'2 COPYRl!iHTEO MATHUSK\\OWG.

WM. C. WILSON, JR. R.P.L.S., L.S.L.S. (1932-2005)

WILSON LAND SURVEYING, INC. LICENSED STATE & REGISTERED PROFESSIONAL LAND SURVEYORS

PHONE 325/653-3916 * FAX 325/655-1895 P.O. BOX 3326-ZIP 76902

1514 W. BEAUREGARD AVE. SAN ANGELO, TEXAS 76901

THOMAS J. HOUSTON R.P.L.S., L.S.L.S., B.S.S

San Angelo Regional Airport Skyline Aviation Lease (Remainder tract and Tract 2)

Being 1.657 acres (approximately 72,163 square feet) of land out of Washington County School Land Survey 106, Abstract 3943, Tom Green County, Texas and being part of that "708.05 Ac." tract described in deed from Washington County, Texas to the City of San Angelo dated April 16, 1990 and recorded in Volume 194 at Page 400 of the Official Public Records of Real Property of Tom Green County, Texas. Said 1.657 acres also being the north and east part of a 2. 827 Ac. lease tract and being comprised of that 1. 327 Ac. Remainder tract and that 0.330 Ac. Tract 2 shown on plat "MATHUSKY.DWG" dated November 1, 2012. Said 1.657 acres being described by metes and bounds as follows:

Beginning at a point on west edge of asphalt for the SE corner of said 2.827 Ac. tract and the SE corner of this tract from which a point for the NW corner said "708.05 Ac." tract bears N.26°38'58 11 W. 1698.95 feet and a 5/8" iron rod with cap marked "RPLS 4261" set for witness bears N.82°37'42"W. 0.23 foot.

Thence with a south line of said 2.827 Ac. tract, N.82°37'42"W. 149.42 feet to a point for a SW corner of this tract and the SE corner of a 1.170 Ac. Tract 1 also shown on said plat.

Thence with an east line of said 1.170 Ac. tract, N.7°35'06"E., at 96.26 feet pass the NW corner of said Tract 2, in all 114.45 feet to a SW corner of hangar for the most easterly NE corner of said Tract 1.

Thence with a north line of said Tract 1, N.82°41'06"W. 111.58 feet to a point for corner.

Thence with an east line of said Tract 1, N.7°49'10"E. 153.95 feet to a point for the most northerly NE corner of said Tract 1.

Thence with a north line of said Tract 1, N.83°13'34"W. 161.76 feet to a W' iron pipe found in the west line of said 2. 827 Ac. tract for the NW corner of said Tract 1 and the most westerly SW corner of this tract.

Thence with said west line of 2.827 Ac. tract, N.7°14'45nE. 30.12 feet to a point for the NW corner of said 2.827 Ac. tract and the NW corner of this tract.

Page 1 of 2

..-------- ' -~~~~-~~~~~~------

Thence with a north line of said 2.827 Ac. tract 1 S.81°28'08"E., at a 15.8 feet a chain link corner post and continuing along or near a fence a total distance of 196.44 feet to a point for an ell cor from which a chain link corner post bears S.81°28'08"E. 0.6 foot and~~~ found iron pipe bears S.7°24'47"W. 26.12 feet.

Thence with a west line of said 2.827 ac. tract/ N.7°24'47"E. 18.88 feet to a point for a north corner of said 2.827 Ac. tract from which a chain link corner post bears S.46°07'51"E. 0.71 foot.

Thence with a north line of said 2.827 Ac. tract/ S.82°35'13"E. 225.00 feet to a point in asphalt for the NE corner of said 2.827 Ac. tract and the NE corner of this tract.

Thence with the east line of said 2.827 Ac. tract, S.7°24'47 11 W. 311.46 feet to the place of beginning and containing 1.657 acres of land.

NOTE: Courses and distances recited herein are of the Texas Coordinate System of 1927 - Central Zone.

Prepared from a survey made on the ground March 17 1 2009, this

the 11th day of Dece_m_b_e_r_:v-=0-'0%_1_~-=··-'7"----7', r--""''-"-'C-"L--"---

Thomas Houston Registered Professio Land Surveyor No. 426

Also see previously prepared plat (MATHUSKY.DWG)

Page 2 of 2

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

City of San Angelo

Memo Date: 1/07/13


From: Robert Martinez, Assistant Chief of Police


Contact: Assistant Chief Robert Martinez, 657-4336

Caption: Consent Agenda Item

Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Mental Health Unit (MHU) Services; making provision for city participation in the costs associated with the MHU not to exceed $77,278.00, for fiscal year 2012-2013; and finding a public purpose and benefit

Consideration of adopting a Resolution authorizing the City Manager to execute an interlocal agreement with Tom Green County providing for Crisis Intervention Unit (CIU) Services; making provision for city participation in the costs associated with the CIU not to exceed $26,132.00, for fiscal year 2012-2013; and finding a public purpose and benefit

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

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

Intervention Unit and $77,278 to support the Mental Health Unit. The funds for this are budgeted in the City 2012-13 budget.

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

1/07/13

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TOM GREEN COUNTY PROVIDING FOR MENTAL HEALTH UNIT (MHU) SERVICES; MAKING PROVISION FOR CITY PARTICIPATION IN THE COSTS ASSOCIATED WITH THE MHU NOT TO EXCEED $77,278.00, FOR FISCAL YEAR 2012-2013; AND FINDING A PUBLIC PURPOSE AND BENEFIT

WHEREAS, the Mental Health Unit (MHU) is a public service, first responder group that is called out by local law enforcement officer request; and, WHEREAS, MHU staff respond to crisis calls involving the mentally ill or suicidal or homicidal subjects for assessment and transport to appropriate and safe facilities; and, WHEREAS, the services of the MHU have been jointly supported through interlocal agreement between the City of San Angelo and Tom Green County; and,

WHEREAS, the services of the MHU provide a health and safety benefit for the citizens of the City and County; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

1. The services of the Mental Health Unit, Tom Green County, are deemed to provide a health and safety benefit for the citizens of the City of San Angelo, Texas.

2. The City Manager or his designee is hereby authorized to execute the INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TOM GREEN COUNTY AND THE TOM GREEN COUNTY SHERIFF FOR SERVICES FROM THE MENTAL HEALTH UNIT, providing for MHU response on request of local law enforcement for the provision of services to the needs of mentally ill, suicidal or homicidal persons in crisis for assessment and transport to appropriate and safe facilities; and, making provision for City participation in the costs associated with the MHU not to exceed SEVENTY-SEVEN THOUSAND TWO HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($77,278.00), for fiscal year 2012-2013.

PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Chief of Police Lysia H. Bowling, City Attorney

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INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY

AND THE TOM GREEN COUNTY SHERIFF FOR SERVICES FROM THE COUNTY MENTAL HEALTH UNIT

This Interlocal Agreement (hereinafter “this Agreement”) is entered into, pursuant to

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

WITNESSETH

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

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

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

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

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

The term of this Agreement shall commence on October 1, 2012 and shall continue in full force and effect until September 30, 2013. This Agreement may be terminated prior to this date in accordance with the termination provisions contained herein. ARTICLE 3: OBLIGATIONS OF CITY. City agrees to: Pay to County Seventy-Seven Thousand Two Hundred Seventy-Eight and 00/100 dollars ($77,278.00) upon execution of this Agreement.

2 | P a g e

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

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

and County. 4. Assure that mentally ill and suicidal/homicidal subjects are assessed and

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

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

ARTICLE 5: NO JOINT ENTERPRISE.

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

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

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

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ARTICLE 8: EXECUTION. If the governing body of a Party is required to approve this Agreement, it shall not become effective until approved by the governing body of that Party. In that event, this Agreement shall be executed by the duly authorized official(s) of the Party as expressed in the approving resolution or order of the governing body of said Party. ARTICLE 9: ENTIRE AGREEMENT.

This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. ARTICLE 10: AMENDMENT.

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

In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions herein, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 12: FORCE MAJEURE.

In the event that either Party shall be prevented from performing its duties under this Agreement by an act of nature, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the Parties hereto, it shall not be considered a breach of this Agreement. ARTICLE 13: EXCLUSIVITY.

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

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

4 | P a g e

similar service. ARTICLE 14: NOTICE.

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

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

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

To City:

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


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

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

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ARTICLE NO. 17: CAPTIONS.

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

EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of _____________, 2013.

CITY OF SAN ANGELO:

By: __________________________________ Daniel Valenzuela, City Manager

ATTEST: __________________________ Alicia Ramirez, City Clerk

EXECUTED in duplicate originals by Tom Green County on this the _____ day of

____________, 2013.

TOM GREEN COUNTY:

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

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

By: By: Tim Vasquez, Lysia H. Bowling, City of San Angelo Police Chief City Attorney

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TOM GREEN COUNTY PROVIDING FOR CRISIS INTERVENTION UNIT (CIU) SERVICES; MAKING PROVISION FOR CITY PARTICIPATION IN THE COSTS ASSOCIATED WITH THE CIU NOT TO EXCEED $26,132.00, FOR FISCAL YEAR 2012-2013; AND FINDING A PUBLIC PURPOSE AND BENEFIT

WHEREAS, the Crisis Intervention Unit (CIU) is a public service, first responder group that is called out by local law enforcement officer request; and, WHEREAS, CIU volunteers and staff respond to the needs of victims including assessment of needs, crisis counseling, information and referrals, emergency transportation, assistance with emergency protective orders, as well as coordinate their services with other social service organizations in the community and with the criminal justice system; and, WHEREAS, the services of the CIU have been jointly supported through interlocal agreement between the City of San Angelo and Tom Green County; and,

WHEREAS, the services of the CIU provide a health and safety benefit for the citizens of the City and County; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

1. The services of the Crisis Intervention Unit, Tom Green County, are deemed to provide a health and safety benefit for the citizens of the City of San Angelo, Texas.

2. The City Manager or his designee is hereby authorized to execute the INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND TOM GREEN COUNTY FOR SERVICES FROM THE COUNTY CRISIS INTERVENTION UNIT, providing for CIU response on request of local law enforcement for the provision of services to the needs of victims, and to coordinate with other social service organizations and the criminal justice system; and, making provision for City participation in the costs associated with the CIU not to exceed TWENTY-SIX THOUSAND ONE HUNDRED THIRTY TWO AND NO/100 DOLLARS ($26,132.00), for fiscal year 2012-2013.

PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Tim Vasquez, Chief of Police Lysia H. Bowling, City Attorney

INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANGELO AND TOM GREEN COUNTY

FOR SERVICES FROM THE COUNTY CRISIS INTERVENTION UNIT

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

WITNESSETH

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

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

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

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

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

The term of this Agreement shall commence on October 1, 2012 and shall continue in full force and effect until September 30, 2013. This Agreement may be terminated prior to this date in accordance with the termination provisions contained herein. ARTICLE 3: OBLIGATIONS OF CITY. City agrees to: Pay to County Twenty-Six Thousand One Hundred Thirty-Two and 00/100 dollars ($26,132.00) upon execution of this Agreement.

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

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

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

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

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

ARTICLE 5: NO JOINT ENTERPRISE.

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

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

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

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ARTICLE 8: EXECUTION. If the governing body of a Party is required to approve this Agreement, it shall not become effective until approved by the governing body of that Party. In that event, this Agreement shall be executed by the duly authorized official(s) of the Party as expressed in the approving resolution or order of the governing body of said Party. ARTICLE 9: ENTIRE AGREEMENT.

This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement, which is not contained herein, shall be valid or binding. ARTICLE 10: AMENDMENT.

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

In the event that any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions herein, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 12: FORCE MAJEURE.

In the event that either Party shall be prevented from performing its duties under this Agreement by an act of nature, by acts of war, riot, or civil commotion, by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the Parties hereto, it shall not be considered a breach of this Agreement. ARTICLE 13: EXCLUSIVITY.

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

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

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

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


To City:

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


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

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

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ARTICLE NO. 17: CAPTIONS.

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

EXECUTED in duplicate originals by the City of San Angelo on this the _____ day of _____________, 2013.

CITY OF SAN ANGELO:

By: __________________________________ Daniel Valenzuela, City Manager

ATTEST: __________________________ Alicia Ramirez, City Clerk

EXECUTED in duplicate originals by Tom Green County on this the _____ day of

____________, 2013.

TOM GREEN COUNTY:

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

ATTEST: ___________________________ Elizabeth McGill, County Clerk Approved as to content: Approved as to form: By: By: Tim Vasquez, Lysia H. Bowling, City of San Angelo Police Chief City Attorney

City of San Angelo

Memo Date:


From: Sandra J. Villarreal, Health Services Manager

Subject: Agenda Item for December 18, 2012 Council Meeting

Contact: Sandra J. Villarreal, Health Services Manager, 657-4493

Caption: Regular

First Public Hearing and consideration of introducing Ordinance Amendments related to Animal Control and fees:

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE;

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

Summary: Staff is asking for consideration of approving changes to the City’s Animal Ordinances as proposed by staff and the Animal Services Board:

Ordinance Amendment Article 3.500 Impoundment allows the following:

Sec. 3.501 General Provisions: Allows for the impoundment of an animal found in violation, allows redemption of such animal or allows for the owner to voluntarily relinquish ownership to the shelter.

Sec. 3.502 Impoundment periods for non identifiable and owner identifiable animals sets three (3) business days excluding the day of impoundment as the hold period and sets seven (7) business days as the period allowed to hold an animal that is owner identified by either a tag or microchip.

Sec. 3.503 Disposition of certain animals prior to expiration of impoundment

period. a) Allows for a sick, injured or infant to be disposed in a humane manner to avoid prolonged suffering or b) allows the transfer of an animal to be at risk due to illness, injury or infancy to a qualified rescue organization

Sec. 3.504 Redemption of impounded owner identifiable animals. Does not allow for an impounded animal to be redeemed without presenting proof of ownership, current registration, current rabies vaccination and alteration of the animal. An impounded animal may not leave the shelter unaltered except: 1. The owner pays the unaltered fee, 2. The owner obtains a waiver from the Health Director, 3. The owner obtains a letter from a veterinarian stating health reasons as a waiver of alteration. And 4. Consideration may be given but is not guaranteed a waiver of alteration, if the owner provides proof of registration of the unaltered impounded animal from a nationally recognized kennel association. This last exception can only be invoked two times for the same owner.

Sec. 3.505 Disposition of animals upon expiration of impounded period. An impounded animal is eligible for adoption after the prescribed 3 day or 7 day hold periods in Sec. 3.412 through 3.415

Sec. 5.506 Disposition of animals voluntarily relinquished by owner. Allows an owner released animal to automatically become eligible for adoption or to be humanely euthanized.

Ordinance amendments related to Adoption of Animals allow for the following:

Sec. 3.412 Adoption of Animals; Sterilization Requirement: No animal shall be eligible for adoption unless sterilized.

Sec. 3.413 Adoption of Animals by Individuals: Any individual may adopt a dog by submitting an application and paying all adoption fees. Ordinance allows for any individual to request a different veterinarian to perform sterilization, upon which adopter is responsible for additional surgery charges beyond the city’s adoption fee.

Sec. 3.414 Adoption of Animals by Qualified Animal Rescue Organizations: establishes a qualified rescue to be a 501(c)(3) x-exempt, as well as, allows a rescue organization to request a different veterinarian to perform sterilization, upon which the adopter is responsible for additional surgery charges beyond the city’s adoption fee. This section requires a qualified rescue to micro-chip an animal prior to release of an animal to an adopter by either allowing the shelter to implant the chip or use their own resources and devices to implant the chip.

Sec. 3.415 Adoption Fees: a) The adoption fee for an individual is referenced as “a” in the ordinance amendment; provides for the addition of “b” which sets adoption fees for rescue organizations; “c” which sets the adoption fee for a previously sterilized and micro-chipped animal and “d” which sets the adoption fee for a previously sterilized, non-micro-chipped animal. In addition, changes to the city’s contracted amount for the sterilization surgery will result in an automatic increase or decrease to the adoption fee.

Sec. 1.300 Animal Adoption Fees: a) the Adoption fees for an individual is currently at $50.00 for cats and ferrets, and $85 for dogs. Item b) sets the adoption fees for qualified rescues at the same for individuals; c) adoption fee for a previously sterilized and micro-chipped animal is $15.00 and includes the cost of the rabies vaccine, as well as the cost of the city license, and d) adoption fee for a previously sterilized, non-micro-chipped animal is $28.00 which includes the cost of for rabies vaccine, license and micro-chip.

Sec. 1.301 Animal Micro-Chip Fees: For a previously altered animal, the micro-chip fee will be $13.00.

This section allows a qualified rescue organization the option to negotiate pricing and pay a veterinarian directly for any and all costs incurred for sterilization services or other services negotiated and obtained between the qualified rescue organization and the veterinarian.

History: On August 3, 2010, a new fee schedule for Animal Services was presented during the city’s budget discussions which council approved and implemented with the start of the new fiscal year. On that day, Council directed staff to work with Rescue Organizations during a 90-day trial period, to come up with a different fee structure specifically for Rescues, and allowed Rescues to pay a reduced rate for adoptions during that interim period. Staff was to allow rescue organizations to continue to adopt animals out of the shelter using the old fee structure until December 31, 2010. (Staff continued to allow old fee schedule for Rescue Organizations until June 2011).

At the August 19, 2010 Animal Services Board Meeting, Jenie Wilson was appointed chairperson of a sub-committee designed to propose a separate fee schedule for Rescue Organizations. Two recommendations were made to the Animal Services Board Special Meeting on October 28, 2010. The AS Board approved of an Option B (see attached).

In order to assist Rescue Organizations, staff began work on a Qualified Rescue Organization Adoption Policy, as well as, formulation of a Mutual Aide Agreement (MOA) between the City and the Rescue Organizations. The MOA and Adoption Ordinance Amendment were intended to allow Rescue Organizations to pull unaltered animals out of the shelter, with approval and with the discretion of the Animal Services Manager, as well as, allow Rescue Organizations to negotiate their own pricing with Veterinarians for necessary services.

On September 2, 2010, Staff had a meeting with 2-3 Rescue Organizations to present the Agreement and Adoption Policies/Ordinances. What resulted was the unification (Humane Society, Sadies, and Critter Shack) of the rescue organizations into Pets Are Worth Saving (PAWS). PAWS ideas were to come up with a new concept, whereby, PAWS would run the Animal Shelter, and the City would continue to run Animal Control. Several meetings were held with PAWS, staff and management.

With Staff seeking clarification on defining a “Qualified Rescue Organization”, Animal Services Board also voted on this issue October 28, 2010, and approved the following criteria: 501c3 documentation, letter of reference from licensed veterinarian, organization’s copies of Adoption Policies, Procedures and Adoption Contract, Copy of current Board of Directors, schedule of regular meetings, and the rescue must have the ability to microchip themselves, or pay the City Shelter to microchip, and have the resources to pay all associated adoption fees needed for rescue adoptions, as well as, proposed the additional Option B Adoption Fees by Rescue Organizations, which is to charge $15 for a previously spayed/neutered animal if the rescue is micro-chipping using their own resources, $28 for a previously altered animal and we micro-chip, sets the micro-chip price at $13, and allows for a qualified rescue organization to independently negotiate and pay their veterinarian directly for surgical fees or take advantage of shelter negotiated pricing. Surgical fees for a qualified rescue organization remain the same as for an individual adopter, which are $65 dogs and $45 cats.

On November 2, 2010, Option B was presented to council; council directed to staff to bring the final proposal including changes specified with regard to the fee schedule.

PAWS group, did not agree with the MOA concept, and instead began working with the City on a plan to manage the Shelter. Staff set aside the staff-drafted Adoption and Impoundment Ordinance Amendments, Policies and MOA, to give PAWS time to develop their plan of action.

On March of 2011, Staff and Legal began working on draft Adoption and Impoundment Ordinances, whereby working towards resolving fee schedule changes and the allowance of Rescue Organizations negotiating own veterinary fees, as well as clarifying the Impoundment Process to make sure animals were not kept for months unnecessarily while Shelter staff sought ownership of tagged or micro-chipped animals. Again, these ordinance amendments were placed on hold while discussions between the City and PAWS took place.

On June 10, 2011, the Shelter had to stop subsidizing Rescue Organization

Surgery costs for cats and dogs; a 9-month period was given to them to adjust to this change before it was implemented. Based on the number of dogs and cats adopted by Rescues, the Shelter had lost roughly $9,000 and could no longer afford to subsidize the cost. Rescues were paying only 50% of the approved new $85 Dog Adoption Fee (includes the surgery, city tag, rabies vaccination and micro-chip).

On November 2, 2011, two of the Rescue Organizations (Sadies and Critter Shack) pulled out of PAWS, thus voiding their attempt to propose a plan for operation of the shelter. The Humane Society retained the PAWS name and now goes by that acronym for their business.

A subcommittee consisting of Dr. Mary Ann White, Animal Shelter Advisory Committee member, and representatives from three other rescue organizations, met on June 6, 2012, in order to review the staff-drafted Adoption Ordinance Amendment and Impoundment Ordinances and make any recommendations for change before going before the Animal Shelter Advisory Committee (ASAC). By allowing Rescue’s input into the process, staff demonstrated its willingness to work in cooperation with the Rescue organizations. Interestingly, it was determined that three of the four major Rescue Organizations did not want animals pulled out of the Shelter unaltered by any rescue organization, an issue that had been a prior subject of contention. Staff removed the Mutual Aid Agreement requirements as advised by the group and the proposal was well accepted by the three rescue organizations.

The draft Adoption Ordinance was presented to the ASAC on June 21, 2012. The Adoption and Impoundment Ordinances were approved unanimously by the committee. Upon the completion of legal review, ordinance changes are now being presented to council.

Financial Impact: No financial impact

Related Vision Item

(if applicable):

Neighborhood Vision….establish appropriate regulations to protect neighborhoods;

Industry Vision…better coordination/look for partnership opportunities


Staff recommends . . . Approval

Attachments: Draft Ordinance Amendments: Sec. 3.412-3.415 pertaining to Adoptions of Animals and Article 3.500 Impoundment, and Article 1.000 Animal Control Services Fees, Sec. 1.300 Animal Adoption Fees Current Ordinances: Sec. 3.412 Adoption of Animals and Article 3.500 Impoundment of Animals for comparison, and Article 1.000 Animal Control Services Fees Option B: Fee Schedule for Rescue Organizations approved by Animal Shelter Advisory Committee

Presentation: Yes

Publication:


Rick Weise, x-1072

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

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.500 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “IMPOUNDMENT” BY REPEALING THIS SECTION IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 3.500, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Chapter 3, Article 3.500 of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed in its entirety and replaced with the following:

Sec. 3.501 General provisions. (a) Animals found to be in violation of this Chapter or found to be in circumstances in which

impoundment is authorized by the provisions of this Chapter shall be taken into the custody of the animal control authority and impounded at the City of San Angelo Animal Shelter.

(b) The owner of any impounded animal shall redeem such animal in accordance with

Section 3.504 of this Article and shall be required to pay to the City all fees, costs and expenses incurred in the seizure, impoundment and redemption of the animal, which shall include, but are not limited to an impoundment fee, daily boarding fees, alteration, vaccination and registration.

(c) An owner of any impounded animal may voluntarily relinquish ownership of the animal

to the animal control authority by executing a release to relinquish ownership. For purposes of this Article, a presumption of relinquishment exists with respect to any animal which is not redeemed within the time period of impoundment prescribed under Section 3.502 of this Article.

(d) Any animal running at large may be taken up by the Animal Services Director, his

designee or by any police officer. (e) It shall be unlawful for any person to permit any dog, ferret, or pot bellied pig possessed,

kept or harbored by him to be off his premises unless such dog, ferret, or pot bellied pig is restrained on a leash or chain held by a responsible person under that person’s control.

Sec. 3.502 Impoundment periods for non identifiable and owner identifiable animals. (a) An impounded animal, not exhibiting an identification tag or micro-chip, shall be kept for

three (3) business days excluding the date of impoundment. (b) An impounded animal exhibiting an identification tag or micro-chip shall be kept for

seven (7) business days excluding the day of impoundment during which period the

Animal Services Manager or designee will notify the owner identified on such tag or micro-chip by personal contact or mail to the address identified on the tag or micro-chip of the impounded animal. If the owner of an impounded animal does not claim the animal within the prescribed seven (7) business days, disposition of the animal will be made as provided under Section 3.505.

Sec. 3.503 Disposition of certain animals prior to expiration of impoundment period. Notwithstanding the prescribed impoundment periods, the Director of Animal Services shall have the discretion to:

(a) Dispose of an animal determined to be at risk due to a state of illness, injury or infancy in the most expedient, humane manner as possible to avoid prolonging its suffering; or

(b) Transfer an animal determined to be at risk due to a state of illness, injury or infancy to a qualified animal rescue in accordance with Section 3.414 of this Chapter.

Sec. 3.504 Redemption of impounded owner identifiable animals. (a) The owner of any impounded animal shall redeem such animal during normal hours of

operation of the City of San Angelo Animal Shelter in accordance with the procedures established under this section.

(b) No impounded animal shall be redeemed unless approved for redemption by the Director

of Animal Services. To obtain approval for redemption, the owner shall: 1. Present proof of ownership, current registration, current rabies vaccination, alteration

of the animal, and 2. Pay all applicable fees, costs and expenses incurred in the seizure, impoundment and

redemption of the animal, including, but not limited to an impoundment fee, daily boarding fees, fees for alteration, vaccination and registration.

(c) No impounded animal shall be redeemed without current annual registration and current

rabies vaccination and shall be registered and vaccinated before redemption by the owner. If the owner fails to provide proof of current registration or current rabies vaccination, the Director of Animal Services shall register and vaccinate such impounded animal, as required.

(d) If the owner fails to provide proof of alteration and the animal is unaltered, the Director

shall transfer the animal to a designated veterinary facility for alteration. If an animal is transferred for alteration, the Director of Animal Services will inform the owner of the name and location of the veterinary facility and the date and time of release. Animals will only be released to the owner upon presentation to the veterinary facility of redemption approval.

(e) No unaltered impounded animal shall be redeemed, except under the following circumstances:

1. The owner pays an unaltered animal fee as provided for in the fee schedule under

Appendix A, Article 1.000 Animal Control Services Fees, Section 1.500 Unaltered Animal Fee; or

2. The owner obtains a waiver from the Health Director of the unaltered animal fee as

provided for in the fee schedule under Appendix A, Article 1.000 Animal Control Services Fees, Section 1.500 Unaltered Animal Fee, or

3. The owner obtains a Letter from a Veterinarian stating Health Reasons as a waiver of

alteration of the unaltered impounded animal. 4. Consideration may be given, but does not guarantee waiver to alteration, if the owner

provides proof of registration of the unaltered impounded animal from a nationally recognized kennel association. This exception to the requirement of alteration may not be invoked more than two (2) times for the same owner.

Sec. 3.505 Disposition of animals upon expiration of impoundment period.

(a) Upon expiration of the impoundment periods prescribed under Sec. 3.503 of this Article, an impounded animal is eligible for adoption in accordance with Sections 3.412 through 3.415 of this Chapter.

(b) The Director of Animal Services has the discretion to humanely euthanize any impounded animal that remains in the City Animal Shelter after expiration of the impoundment period and is not adopted.

Sec. 3.506 Disposition of animals voluntarily relinquished by owner.

(a) Upon voluntary relinquishment by an owner and submission of signed owner release form, an animal is automatically eligible for adoption in accordance with Sections 3.412 through 3.415 of this Chapter.

(b) The Director of Animal Services has the discretion to humanely euthanize any animal which has voluntarily been relinquished and for which an owner release form has been obtained.

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

SEVERABILITY:

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

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

PENALTY:

Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Chapter 1, Article 1.100, Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

4) THAT, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the day of , 2013, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2013.

CITY OF SAN ANGELO

ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Sandra J. Villarreal Lysia H. Bowling Health Services Manager City Attorney

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 1.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL CONTROL SERVICES FEES,” BY REPEALING SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES” IN ITS ENTIRETY, AND ADOPTING A NEW SECTION 1.300 ENTITLED “ANIMAL ADOPTION FEES,” ADDING A NEW SECTION 1.301 ENTITLED “MICRO-CHIP FEE,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) THAT, Appendix A, Article 1.000 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended as follows:

Sec. 1.300 Animal Adoption Fees

(a) Adoption fee for adoption of animals by individuals under Chapter 3, Article 3.400, Sec. 3.413 is:

(1) Cats or ferrets - $50.00

(2) Dogs - $85.00

(b) Adoption fee for adoption of animals by qualified rescue organizations under Chapter 3, Article 3.400, Sec. 3.414 is:

(1) Cats or ferrets - $50.00

(2) Dogs - $85.00

(c) Adoption fee for a previously sterilized and micro-chipped animal is:

(1) Dog, Cat or Ferret - $15.00

(d) Adoption fee for a previously sterilized, non-micro-chipped animal is:

(1) Dog, Cat or Ferret - $28.00

Sec. 1.301 Micro-chip Fee

(1) Dog or Cat - $13.00


SEVERABILITY:



PENALTY:





CITY OF SAN ANGELO

ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Sandra J. Villarreal Lysia H. Bowling Health Services Manager City Attorney

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.400 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “ANIMAL REGISTRATION,” BY REPEALING SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS” AND SECTION 3.413 ENTITLED “NON-REGISTRATION” IN THEIR ENTIRETY, AND ADOPTING NEW SECTION 3.412 ENTITLED “ADOPTION OF ANIMALS; STERILIZATION REQUIREMENT,” SECTION 3.413 ENTITLED “ADOPTION OF ANIMALS BY INDIVIDUALS,” SECTION 3.414 ENTITLED “ADOPTION OF ANIMALS BY QUALIFIED ANIMAL RESCUE ORGANIZATIONS,” AND SECTION 3.415 ENTITLED “ADOPTION FEES,” PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE


1) THAT, Chapter 3, Article 3.400 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended as follows:

Sec. 3.412 Adoption of Animals; Sterilization Requirement

Animals in the custody of the City Animal Shelter may be adopted by individuals or organizations that qualify as an animal rescue organization under Sec. 3.414 of this Article. Adoption procedures for adoptions by individuals that are not qualified animal rescue organizations shall be in accordance with Section 3.413 of this Article. Adoption procedures for adoptions by qualified animal rescue organizations shall be in accordance with Sec. 3.414 of this Article. All animals adopted from the Animal Shelter shall be sterilized prior to release.

No animal shall be eligible for adoption unless sterilized. The City Animal Shelter provides for sterilization of animals prior to release for adoption. The cost of sterilization is included in the adoption fee.

Sec. 3.413 Adoption of Animals by Individuals

(a) Applications for adoption of animals by individuals must be submitted to the Director of Animal Services for approval, along with payment of the adoption fee.

(b) Adoptee animals will be released for adoption from a designated veterinary facility. Once an application for adoption is approved, the Director of Animal Services will inform the applicant of the name and location of the veterinary facility and the date and time of release. Adoptee animals will only be released upon presentation to the veterinary facility of adoption approval. Adopter may request a different veterinarian to perform the sterilization surgery on the unaltered animal, upon which adopter will pay any additional

surgery charges beyond the City’s contracted pricing and any additional fees assessed by the veterinarian, as stated in 3.415(d) of this Article, and additional charges shall be paid directly to the veterinarian.

(c) This section does not apply to animals claimed by the owner of the animal in custody of the City Animal Shelter and redeemed in accordance with Section 3.504 of this Chapter.

Sec. 3.414 Adoption of Animals by Qualified Animal Rescue Organizations

(a) For purposes of this Article, an organization qualifies as an animal rescue organization if the organization:

(1) Is tax-exempt under section 501(c)(3) of the Internal Revenue Code and is organized and operated exclusively for the purpose of the prevention of cruelty to animals.

(b) Applications for Adoption of Animals by Qualified Animal Rescue Organizations must be submitted to the Director of Animal Services for approval, along with payment of the adoption fee.

(c) Adoptee animals will be released for adoption from a designated veterinary facility or the animal shelter if previously sterilized. Once an application for adoption is approved, the Director of Animal Services will inform the applicant of the name and location of the veterinary facility and the date and time of release. Adoptee animals will only be released upon presentation to the veterinary facility of adoption approval.

(d) A qualified rescue organization will ensure an animal is micro-chipped prior to release of an animal to an adopter by either:

(1) Allowing Animal Shelter to implant micro-chip as part of Appendix A, Article 1.000, Sec. 1.300, Animal Adoption Fees;

(2) Pay the Animal Shelter a micro-chip fee as prescribed in Appendix A, Article 1.000, Sec. 1.301, for a previously sterilized animal; or

(3) Implantation of a micro-chip using their own resources and micro-chip devices and providing micro-chip information to the Animal Shelter.

Sec. 3.415 Adoption Fees

(a) The adoption fee for adoption of animals by individuals is prescribed by Appendix A, Article 1.000, Sec. 1.300(a) of the San Angelo Code of Ordinances.

(b) The adoption fee for adoption of animals by qualified animal rescue organizations is prescribed by Appendix A, Article 1.300(b) of the San Angelo Code of Ordinances.

(c) The adoption fee for adoptions of previously sterilized and micro-chipped animals is prescribed by Appendix A, Article 1.300(c) of the San Angelo Code of Ordinances.

(d) The adoption fee for adoptions of previously sterilized, non-micro-chipped animals is prescribed by Appendix A, Article 1.300(d) of the San Angelo Code of Ordinances.

(e) Adoption fees required to be paid under Sec. 3.413 and Sec. 3.414 of this Article constitute the City’s contracted amount for sterilization surgery, registration fees, rabies vaccination fees and micro-chipping costs. Any fees assessed for additional veterinary services other than the City’s contracted amount for sterilization surgery, registration fees, rabies vaccination fees and micro-chipping costs do not constitute adoption fees. The City is not liable for fees assessed for any additional veterinary services. Adopter is responsible to the veterinarian for any additional fees incurred. Changes to the City’s contracted amount for sterilization surgery will result in an automatic increase or decrease to the adoption fee.

(f) The Director of Animal Services shall post the fee rate schedule at the beginning of each fiscal year under Appendix A, Article 1.000 Animal Control Service Fees of the San Angelo Code of Ordinances.

(g) A qualified rescue organization shall have an option to negotiate pricing and shall be solely responsible for negotiation and payment directly to a veterinarian of any and all costs incurred for sterilization services or other services negotiated and obtained directly between a qualified rescue organization and a veterinarian.


SEVERABILITY:



PENALTY:





CITY OF SAN ANGELO

ATTEST: BY: Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Sandra J. Villarreal Lysia H. Bowling Health Services Manager City Attorney

City of San Angelo

Memo


To: Planning Commission members

From: Jeff Hintz, Planner

Subject: Z 12-18: David Mazur & Z 12-19: COSA Planning, A request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to allow "household living" - AND - a request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to maintain a contiguous boundary for CBD zoning and in recognition of the historical type of development on the following properties:

Location: Evenly addressed properties on the east side of the 300 block of North

Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo.

Purpose: Approval of these requests will rezone the properties to Central

Business District (CBD).

Contacts: David Mazur, property owner 325-656-7553 Jeff Hintz, Planner 325-657-4210

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

Z 12-18: David Mazur & Z 12-19 COSA Planning

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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in

downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;

(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or

(3) Deny the proposed zone change Recommendation: Planning staff recommends approving both of the proposed zone changes. On December 17, 2012 the Planning Commission recommended approving both zone changes by a vote of 5-0.

History and Background:

Mr. Mazur, the property owner at 314 & 316 North Chadbourne approached city staff in November of 2012 with the idea of turning the properties at 314 & 316 North Chadbourne into a mixed use development with a photography studio, retail opportunity, and loft living space. After some discussion regarding parking requirements and potentially requesting a variance Mr. Mazur inquired about a zone change to the Central Business District (CBD). Initially, this option did not appear to be the best one, because staff and the Planning Commission expanded the CBD in May of 2011 (following discussions by the Commission in February - April) to what was deemed the final extension of the zoning district. The CBD zoning district was proposed to embrace specific types of property - those which are historic in nature and developed in the manner in which most urban downtowns were constructed - buildings built in high density and intended for business being topped with residential use, footprints extended to the front building lines, and in a walkable fashion (since they predated design done around the automobile). Expanding this zoning district onto areas which are not developed in this manner essentially dilute the district and create inequity. However, staff realized that the initial proposal for expansion of the CBD to the north had included this block face - the City Council had great hesitation for rezoning here since the building which began this inquiry was at that time the home of "industrial service" uses not allowed in the CBD. The concern was that the legal nonconforming status afforded with that zone change would lapse. That issue is no longer relevant since the building is now being prepared for usage in a way consistent with CBD zoning. Staff has initiated a zone change on the properties south of Mr. Mazur's to avoid creating spot zoning situation that singles out one tract for treatment different than those around it. It is important to also note that the other properties on this block face are also historically

constructed and fit the type of property for which the CBD was intended. The CBD is unique in the fact that it needs to remain a continuous district and not be separated by other zoning designations. It should be mentioned that Planner Jeff Hintz spoke with ALL the property owners subject to this zone change request before the required notification process and that no objections were made; when the zone change process and what it means to the property owners was explained, property owners supported the zone change from Planning Staff on their behalf. Mr. Hintz also spoke with the Director of Downtown San Angelo (DSA), Brenda Gunter and obtained DSA's support for this particular request.

General Information

Existing Zoning: General Commercial/Heavy Commercial (CG/CH) Existing Land Use: Retail services & future retail establishments Surrounding Zoning/Land Use: North: ML Thrift store & outreach services West: CG/CH Industrial services & retail establishments South: CBD Retail establishments & services East: CG/CH Industrial activity & warehousing

Thoroughfares/Streets: North Chadbourne Street is defined as a "arterial

street," and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

East 3rd & 4th Streets are defined as "local streets"

and are designed to carry light neighborhood traffic at lower speeds and generally connects to collector or arterial streets.

Zoning History: Approved in September of 2011, Z 11-14

expanded the Central Business District northward to East 3rd Street from College Avenue between Gillis & North Oakes Street.

Approved in August of 2012, Z 12-05 Historically

Overlaid East 4th Street between North Chadbourne & Oakes.

Approved in January of 2008, Z 07-22 Historically

Overlaid the properties at 310 & 312 North Chadbourne Street.

Approved in January of 2008, Z 07-23 Historically Overlaid the property at 316 North Chadbourne Street.

Applicable Regulations: On-premise alcohol sales will be allowed by right

in the CBD; Off-street parking requirements are also waived. In addition, no setbacks are required in the CBD zoning designation.

Development Standards: N/A

Vision Plan Map: Downtown Comp Plan Excerpts: The 2003 Comprehensive Plan calls for the

attraction of more stores, evening entertainment venues, and restaurants within the downtown area.

The 2009 Comprehensive Plan Update contains

the following quotations pertaining to downtown: "There is a place where “traffic” and “congestion” are

welcome, where there is a need for more traffic, where commuting times rise slightly, and that place is -- downtown. The success of a downtown depends on hustle and bustle. People are attracted to it and businesses thrive in it. Potential exists in the community for roads to be narrowed, sidewalks added, street trees incorporated, on-street parking configured and the experience created."

"Downtown is the strongest point of reference for

San Angelo. Including the riverfront, it is considered the “heart” of the community. As such, the City appropriately mandated that this strategic plan update include an emphasis on restoring and stabilizing Downtown. "

Goal one of the Downtown Section of the

Comprehensive Plan is to, "Increase the permanent downtown residential population of downtown San Angelo."

Action steps of goal one include the following: "Consider expanding the extent of CBD zoning

district to encompass more (if not all) of the downtown area designated on the Vision Plan map, in order to allow for greater variety of residential types in the area."

"Eliminate CG/CH zoning inappropriate and incompatible within downtown, encouraging many of the more intensive business-to-business uses allowed therein to relocate into commercial and industrial areas as designated on the Vision Plan map."

The visioning statement of the 2009 Comprehensive

Plan Update states that, ...."we will uphold a community commitment to the past, ensuring that downtown will always remain the heart and soul of San Angelo."

The downtown section of the 2009

Comprehensive Plan update states "Encourage, participate in, and streamline the process for renovating historic structures into unique residential opportunities."

Special Information

Traffic Concerns: Changing the zoning from one commercial designation to another designation is not expected to create any traffic changes for the area given that the lots have no off-street parking available at this time.

Parking Requirements: The Central Business District does not require any

off-street parking, it is ONLY an option to the owner, but not mandatory.

Parking Provided: It appears on street parking is the only option for

these properties at this time, given their historical nature when developing.

Density: The lots are nearly built out to the property lines in

almost every instance on this particular block. This area is one of the most densely developed in the entire downtown area.

Notification Required: Yes Notifications Sent: 18

Responses in Favor: 3 Responses in Opposition: 0

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. Both zone change requests are compatible with the plans and policies of the City as well as consistent with the purposes of the zoning ordinance. Given the historical nature of this area, Central Business District zoning is highly appropriate. When the downtown area developed in the past, auto travel was not a main mode of transportation and buildings were often times built immediately to the front property line. This feature is unique to the downtown area and CBD. The Zoning Ordinance and Comprehensive Plan recognize this uniqueness and accommodate as well as encourage the expansion of business and residential opportunities within this zoning district. Given the continuation of the existing CBD and not creating an island, staff believes that these requests will be consistent with the plans and policies of the city. It should be noted that this area is home to several historically designated properties and the only remaining brick street in the city. Expanding the CBD will allow this area to continue to develop in harmony with the historical character of the area. This zone change will aid in the goals of the Comprehensive Plan seeking to add residential

opportunities downtown, as well as to slowly phase "Industrial Services" away from the downtown area. Historically "Industrial Service" activities were necessary in the downtown to be near other warehouses and businesses, this is no longer the case; the Comprehensive Plan recognizes this and through the elimination of CG/CH zoning (also a goal of the Comprehensive Plan) the area and downtown as a whole will benefit from the Zone Change. The Zoning Ordinance recognizes the incompatibility from the range of uses allowed within CG/CH and downtown; this incompatibility results in vacant buildings and disconnected land use patterns. Staff is confident these zone change proposals are consistent with the surrounding area. As previously mentioned, the historical nature and development of this area allow the area to act like the CBD already even though it is not zoned as such at this time. The full build-out of the properties and lack of off-street parking opportunities are highly visible in the CBD and also present on this block. Approval of this request is consistent with the Comprehensive Plan, as such an amendment to this Comprehensive Plan will not be necessary. Previous Planning Commission members, Council Members, Planning Staff, and more importantly the community members have envisioned this particular area for "Downtown" development. Given the goals of the Comprehensive Plan mentioned above, staff feels that this particular block will be highly successful in meeting those goals outlined within the "Downtown Section" of the Comprehensive Plan. These particular proposals are not expected to have any impact on the natural environment or development patterns of the area. This particular area has been built out for decades and three of the buildings and a street adjacent to this block are Historically Overlaid. Given the historical development patterns of the area and the desire to preserve those patterns in this particular area, staff is confident the development of the area will only be aided by this particular zoning change. In fact, by limiting the "Industrial Services" allowed in the future on this block to allowance with a Conditional Use only, staff believes the development in the future will be much more consistent with the "Downtown" vision anticipated in this area by the Comprehensive Plan. The preservation of natural environment will actually be served by allowing these buildings to be reused without having to meet parking standards. Under CBD zoning, off-street parking is not required; whenever a change of occupancy is required, parking standards are required to be met. Given the build out of this particular block face, this could be very problematic in developing the properties as differing uses moving forward. This could push businesses further outside the downtown city core and lead to future underutilized properties in the downtown area; pushing businesses outside the city core and a historical area is certainly not in line with the goals of the comprehensive plan nor does it serve a community need. The zone change to CBD was proposed before for this particular set of properties and actually recommended by staff. Due to some "Industrial Service" type uses in the area the expansion was not sought last year. Now that the properties have changed hands and the applicant is no longer wishing to pursue industrial uses downtown, this is the ideal time to pursue a zone change in the eyes of staff. This zone change will open up other opportunities for residential living downtown, as well as remove a defunct zoning district that is not appropriate for the downtown core. In addition, staff believes the

historical nature of the area is not preserved as the way it should be with intensive CG/CH zoning. The CBD is a much better suited district to further the development of this area as an historic gateway into downtown both now and for future generations. For all of these reasons, staff is recommending approval of both zone change requests to CBD. 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; draft minutes from Planning Commission; and draft ordinance.

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (12/08/12)

B. Z 12-18: David Mazur & Z 12-19: COSA Planning A request for approval of a zone change from General Commercial/Heavy

Commercial (CG/CH) to Central Business District (CBD), to allow "household living" - AND - a request for approval of a zone change from General Commercial/Heavy Commercial (CG/CH) to Central Business District (CBD), to maintain a contiguous boundary for CBD zoning and in recognition of the historical type of development on the following properties:

Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo.

Jeff Hintz, Planner, came forward to present these requests together, consistent with the staff recommendation of approval. Mr. Hintz reviewed the caption for the item. Eighteen notifications were sent, with three received in favor, and zero received in opposition. A map of the three properties who replied in favor of the request was shown. Mr. Hintz explained that Mr. Mazur had been through a DRC (Development Review Committee) meeting for a project at this location. At that time, a discussion of the CBD zoning had been addressed. Mr. Hintz reviewed the history of the CBD zoning district and reminded the Commission that the Council had decided not to apply CBD zoning to this block face as recommended by staff because of the presence of an industrial service taking place in this building. That industrial service is no longer in place, so it appears appropriate for staff to again make the assertion that this block face be included in the CBD. Mr. Hintz reviewed the options. Mr. Hintz stated that he did speak with the property owners to be affected, and that all owners had indicated their agreement with the proposal. Downtown San Angelo was also supportive of this request. Staff contacted all of these parties before initiating the request on the behalf of the Planning Division. This project fits into the "downtown" district proposed by the Comprehensive Plan for the city, and several excerpts were referred to in support of this matter. This is consistent with the patterns of the area. The buildings are historic in nature and are built in a matter for which the CBD zoning was initially tailored. There should be little to no additional impact on the area. Mr. Lawrence stated the Commission was appreciative of the staff contacting the other property owners prior to the filing of the application. Mr. Mazur came forward to speak in favor of this request, he complimented staff's handling of the matter and the assistance they had offered. No one else came forward to speak. Motion, to approve as presented, was made by Darlene Jones and seconded by Joe Grimes. The motion passed unanimously, 5-0.

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: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-18: David Mazur & Z 12-19 COSA Planning

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; and

WHEREAS, the applicant David Mazur seeks to create a mixed use development in

harmony with the historical intent of the area and city Comprehensive Plan; WHEREAS, City Planning Staff in order to recognize the historical type

development on this block face, and preserve the contagious boundary unique to only the Central Business District, in conjunction with the Comprehensive Plan; NOW THEREFORE,


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

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: Evenly addressed properties on the east side of the 300 block of North Chadbourne between East 4th and East 3rd Streets, more specifically occupying the Kleck Subdivision, Block 2, Lots 11-12 & Lots 16 - 17 in downtown San Angelo shall henceforth be permanently zoned as follows: Central Business (CB) 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 8th day of January, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 22nd day of January, 2013.


____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

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

City of San

Angelo

Memo


To: City Council Members

From: Roxanne Johnston, Planner

Subject: Z12-17: CSA Materials. A request for approval of a zone change from Ranch & Estate (R&E) to Heavy Manufacturing (MH) to specifically allow for “Manufacturing & Production” as defined in Section 316.B, of the Zoning Ordinance on the following property:

Location: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter

Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail in northeast San Angelo.

Purpose: Approval of this request would zone the property Heavy

Manufacturing (MH).

Contacts: Chris Cornell, co-owner of CSA Materials, Inc. 325-655-4511 Roxanne Johnston, Planner 325-657-4210 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 12-17: CSA Materials

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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve this zone change;

(2) Remand the application to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled; or

(3) Deny the proposed zone change.

Recommendation: City staff recommends approving the proposed zone change.

On December 17, 2012, the Planning Commission recommended approval of this request by a unanimous vote of 5-0.

History and Background:

This area was annexed into the city in December of 2011 and, by default, was zoned as Ranch & Estate, which is the "holding zone" of all newly annexed property into the city limits. Section 303.A of the Zoning Ordinance defines the intent of R&E zoning as well as defining it as a holding district for newly annexed areas. This request for a zone change is the first for the subject property since the newly annexed area was incorporated into the city limits.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property, aggregate mining and cell

phone tower. Surrounding Zoning/Land Use:

North: R&E (Ranch &

Estate) Undeveloped property, agricultural

West: R&E (Ranch & Estate)

Residential and Undeveloped properties

South: ML (Light Manufacturing), MH (Heavy Manufacturing), and CG (General Commercial

Undeveloped properties, low density commercial uses

East: R&E (Ranch & Estate)

High intensity industrial, undeveloped property, low density commercial uses

Thoroughfares/Streets: Smith Boulevard is classified as a "local

street" and is designed to carry light traffic at lower speeds and generally connects to collector streets.

Porter Henderson Drive, which the subject

property has access to, is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets.

Tractor Trail, which the subject property

has access to, is classified as a "local street" and is designed to carry light traffic at lower speeds and generally connects to collector streets.

Zoning History: The Planning Commission, in its

November 7, 2012 meeting, approved a recent zone change from R&E to MH on a property abutting the southern part of the subject property (case Z12-12).

Applicable Regulations: Section 509 of the Zoning Ordinance

addresses fencing as a screening mechanism. Any time a commercial use

abuts a residential district or use, an opaque privacy fence is required; however, commercial properties bordering R&E zoning are exempted from this requirement in that Section.

316.B.1 of the Zoning Ordinance states,

..."If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production.."

Development Standards: All required off-street parking and

the connection(s) to a public right-of-way are required to be paved.

Vision Plan Industrial Related Comp Plan Excerpts: Industrial section Goal One of the

Comprehensive Plan is to "Organize LULUs (Locally Undesirable Land Uses) into clusters." The purpose of this goal is to: "Cluster potentially hazardous industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location."

“Require a buffer separating

commercial, industrial, or agricultural zoned lands from neighborhoods.”

“Establish transition areas

between commercial areas and nearby neighborhoods.”

Special Information

Traffic Concerns: Changing the zoning from a residential type to an industrial type zoning has the potential to generate additional traffic than if the property remained as-is. However, given the limited number of visitors to industrially-zoned properties, and ease of

access to the highway for transport, staff is not overly concerned with the development of this property as industrial. A zone change to a commercial district could introduce larger amounts of traffic to the area when compared to manufacturing uses.

Parking Requirements: Vary depending upon the use of the

property. See Section 511. Parking Provided: No parking spots are currently provided on

the property, though it is a combination of sizable tracts.

Density: Predominantly large tracts of undeveloped

land in the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as Industrial, creating an industrial hub.

Notification Required: Yes Notifications Sent: 13

Responses in Favor: 0 Responses in Opposition: 0

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.

Generally speaking, Heavy Manufacturing (MH) uses are the most intense and noxious of all potential uses of property within the city limits. The placement of any industrial area needs to be exercised with caution. An MH zoning classification needs to be weighed and considered with the utmost concern by the Commission and staff. In looking at this request, staff weighed the surrounding area and development patterns very carefully when formulating this recommendation. Before it was annexed into the city limits in December 2011, this area developed in an intense manner and residential development is very limited to the area in general. Also, when undergoing the annexation process, the intent was articulated of this area emerging as an "industrial hub" for the city, with close proximity to rail and two highway corridors. Five residences do exist along Old Ballinger Highway, west of the property, with the closest being about 90 feet from the subject property. To the south, the nearest residences to this property are over half of a mile away. While the property is currently zoned R&E and with the request to go from the least intensive zoning to the highest intensity zoning that is available to MH, it is compatible with current area development patterns and future development projections when looking at the Vision Plan. Staff is also undergoing an analysis of the area, as should be done when annexation occurs, in order to update the Vision Map and the Thoroughfare Plan for the new area. This request for MH zoning is consistent with the Zoning Ordinance and compatible with the surrounding area. While the area is underdeveloped at this time, future development is likely to host higher intensity uses that can make use of the nearby highway and rail. In the manufacturing and production field, materials and freight need quick access to highways for transport to other locations. Due to isolation of this property and the area in general, staff is confident that there will be a suitable buffer from current residential usage which may remain for some time. The residential R&E properties to the east are projected in the Vision Plan to have a more commercial nature in the future as a Neighborhood Center, and there will be little negative effects on these surrounding properties.

This somewhat isolated area is an ideal fit for the most noxious of uses in the eyes of staff; partial isolation from residences and from sight of travelers on the highway is a preferred spot for MH zoning. The land uses allowed in the MH zoning category will include storing aggregate materials and other items outdoors as well as constructing a plant. Isolation from residences and from visitors to the community is key in placing these zoning districts. While the proximity of existing residences is a less than ideal situation, it is important to remember that these conflicting types of development occurred prior to annexation and the application of zoning regulations. As such, it is in all actuality an "inherited" issue. Ideally, MH zoning is located in an area with no residential activity nearby. Few people will ever see the outdoor storage that is possible in this zoning district, and those who are subjected to it are not residences but rather industrial users of property themselves. The Comprehensive Plan seeks to buffer residences from the tendency of industry to have outdoor storage of materials and goods. Being that this request is consistent with the goals and purposes of the Comprehensive Plan, there is no need for a vision amendment on this property for the request to be approved. The intense uses allowed within this zoning designation do have the possibility to have an effect on the natural environment. However, by following the goals of the Comprehensive Plan and clustering these high intense uses into a few isolated areas really diminishes the effect the natural environment will see. A zoning of this intensity would not normally be appropriate near areas identified as "neighborhood", but in an isolated area that has developed with intense industrial uses, staffs feels the proposed zoning is appropriate. Potential noxious sounds and odors will likely go unnoticed by a vast majority of people who visit and live within San Angelo. The city landfill, concrete plants, and warehouses are some predominant land uses in this area; loud noises and odd smells on occasion are not likely to bother the properties that have developed in nearby as many of them are currently already engaged in activities that are similar in nature to manufacturing and production. With regard to community need, MH zoning in this area makes sense. Providing hubs allowing for industrial uses augments the industrial base which has been established in recent years. This industrial base is a necessity for the health of the community.

Staff is confident that this area is an isolated area that is appropriate for a cluster of intense uses and zoning designations. The lack of residential development, isolation from neighborhoods and sight by travelers makes this an area to focus the most intense uses and businesses that wish to locate within the city limits. Quick access to the highway and lack of residential and commercial traffic here makes this one of the safest locations within the city limits to cluster what is

known in planning as LULUs or "Locally Unwanted Land Uses." Additionally, the current lack of residential development and the lack of envisioned residential development in the future make this area ripe for potential as a highly successful industrial area for the city.

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

Excerpt from zoning map, highlighting subject

property; and Aerial photo, highlighting subject property; and Excerpt from the Comprehensive Plan Vision map

highlighting the subject property. Planning Commission Minutes; and Draft Ordinance.

Presentation: Roxanne Johnston, Planner Reviewed by: AJ Fawver AICP, Planning Manager (12/27/12)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION

MEETING HELD ON MONDAY, October 15, 2012 AT 9:00 AM IN THE SOUTH MEETING

ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN

ANGELO, TEXAS

PRESENT: Joe Grimes, Bill Lawrence, Sam Tambunga, Darlene Jones, Bill Wynne

ABSENT: Sebastian Guerrero (AE), Jennifer Boggs (AU)

STAFF: AJ Fawver, Planning Manager Jeff Hintz, Planner Kevin Boyd, Planner

VI. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.]

A. Z 12-17: CSA Materials A request for approval of a zone change from Ranch & Estate (R&E) to

Heavy Manufacturing (MH) to specifically allow for “Manufacturing & Production” as defined in Section 316.B, of the Zoning Ordinance on the following property:

3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson

Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail in northeast San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. There were thirteen notifications sent out, with no notifications returned either in favor or in opposition of the request. Mr. Hintz reminded the Commission that an adjacent property had been zoned MH in recent months. The property encompasses a large amount of acreage within an area just annexed by the city in late 2011. While the current operation is legally nonconforming because it predates the annexation, expansion of this operation in the future would not be allowed in the current zoning. The Zoning Ordinance requires that newly-annexed property be zoned R&E until a more appropriate zoning can be analyzed. Some photos of the property and the surrounding area were shown. There was some discussion of the options, and staff reminded the Commission that they are currently looking into the area for

amendments to relevant plans. Mr. Hintz reviewed the criteria for application. Mr. Hintz emphasized that the request is consistent with the Vision Plan for the area. Mr. Hintz discussed the highway access in the area, though it is set back from the highway corridors enough as to not be easily visible. Staff recognizes that there are some residences in this area, but the plans for this segment of the community have long been consistent, and many of these uses already occur - manufacturing activity is not being introduced here, it is already in place. The neighboring properties are predominantly vacant or industrial in nature. Chris Cornell, with CSA Materials, came forward to speak in favor of this request. He stated staff had been fabulous and that they feel as well that this is also in line with the area. The area is currently used for hot mix plant production, and outdoor storage and staging. There is occasionally some aggregate mining that takes place. No one else came forward to speak. Bill Lawrence asked if a quarry would be allowed in this zoning district, and Mr. Hintz replied that a conditional use would be required. Motion, to approve as presented, was made by Sam Tambunga and seconded by Chris Cornell. The motion passed unanimously, 5-0.

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: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail, changing the zoning classification from Ranch and Estate (R&E) to Heavy Manufacturing (MH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-17: CSA Materials, Inc.

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

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


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

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 3560 and 3578 Smith Boulevard, and 3744 and 3844 Porter Henderson Drive, collectively occupying a 92.768 acre tract near Smith Boulevard and Porter Henderson Drive, more specifically occupying the Paul Gregory Addition, Section 3, Tract H, the Paul Gregory Addition Section 2, Tracts E and F, and previously-vacated portions of Smith Boulevard and M.H. Morgan Trail shall henceforth be permanently zoned as follows: Heavy Manufacturing (MH) 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 8th day of January, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 22nd day of January, 2013.


____________________________________

Alvin New, Mayor

ATTEST:

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

City of San Angelo


To: Mayor and Council Members

From: Shane Kelton, Interim Director of Operations

Subject: Agenda Item for 1-22-13 Council Meeting

Contact: Shane Kelton, Operations, 657-4206

Caption: Regular

Presentation and discussion of the 96 gallon cart pilot program survey results conducted by Republic Services, and any action in connection thereto:

Summary: Republic Services has conducted a pilot program for automated service for residential trash collection in each single member district and has completed a survey of the customers that participated. History: Republic Services has had a pilot program in the Bentwood subdivision for several years that has been successful and extended the program in the remaining single member districts to determine if the program would be considered for a future collection alternative. The pilot program began in July of this last year and formally ran through September when the participant surveys were conducted. Republic Services has since maintained this service in the trial areas based on its perceived approval and likability by the pilot program participants.

Financial Impact: None Other Information/Recommendation: None Attachments: Survey results by single member district: SMD2, SMD3, SMD4, SMD5, SMD6;

Aggregate survey results; Power point presentation. Presentation: Presentation by Shane Kelton, Interim Director of Operations and Robert Searls,

Municipal Services Manager for Republic Services. Publication: None Reviewed by Service Area Director: Shane Kelton, Operations, January 9, 2013

Pilot Project Survey- Dwain Morrison / Green Acres

There were a total of 45 surveys returned in this district.

1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart?

Yes- 39 No- 4 No Answer- 2

2. How often does your household set out the Republic 96-gallon cart? A. Once per week- 5 B. Twice a week- 36 C. less than once per week- 2 No Answer- 3

3. On the first collection day, your cart is usually: A. Full- 18 B. Half-full- 17 C. Almost empty- 2 No Answer- 8

4. One the second collection day, your cart is usually: A. Full- 16 B. Half-full – 20 C. Almost empty- 3 No Answer- 6

5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 7 B. $3.00 month- 7 C. $1.50 month- 20 No Answer- 11

On a scale of 1 to 5:

(1 being you strongly agree and 3 being you have no opinion and 5 you strongly disagree)

6. The cart is easy to maneuver 1. 36 2. 1 3. 2 4. 1 5. 2 No Answer- 3

7. The cart kept trash contained inside and reduced scattering of the contents / littering. 1. 39 2. 2 3. 1 4. 0 5. 0 No Answer- 3

8. I believe the cart capacity is sufficient for once weekly collection to minimize truck traffic in my neighborhood. 1. 15 2. 6 3. 2 4. 3 5. 17 No Answer- 3

9. I prefer to use the Republic cart with automated service rather than my own trash bins with manual service. 1. 20 2. 5 3. 10 4. 4 5. 6 No Answer- 3

10. On collection day, the neighborhood is cleaner and neater since automated service began. 1. 22 2. 5 3. 11 4. 0 5. 3 No Answer- 4

11. Overall, are you in favor of the automated trash collection system?


Pilot Project Survey- Tres Rios / Johnny Silvas

There were a total of 36 surveys returned in this district / 16 said they mailed in survey












Pilot Project Survey- Paul Ann / Fredd B. Adams II







5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 6 B. $3.00 month-10 C. $1.50 month- 35 No Answer- 7






Pilot Plot Survey Results / Postcards (125) and Surveys (232)

There were a total of 232 surveys returned -3 of them had no answers only comments and 1 answered number 1 only, leaving 229 total answered surveys. There were 125 total post cards returned for a combined total number of 357 (354 answered except 1; which will have 355).

1. In general, do you like the automated trash collection system using the Republic Services 96 gallon cart? Yes- 304 No- 44 No Answer- 7








Yes- 3 No- 2 A- 1 ?- 1


Yes -4 A- 1 ?- 2


Yes- 2 No -4 ?- 2 B- 1


Yes- 3 No- 5 ?- 1 B- 1


Yes- 4 No- 2 ?- 1 B- 1



Comments: Lots of mentions of recycle bins

Some love it – Some hate it

Concerned about bulk items fitting into bins; would like bigger bins

Concerned about loss of jobs in San Angelo

Concerned about trash overflowing; would request regular pick-ups and twice a week

Request more than one bin

Too heavy for elderly and in the street

Don’t want to have to pay more

Would like them to pick up all the trash in bins and not just the bagged trash

Thought survey was bias – only had answers they wanted to hear

Pilot Project Survey- Santa Rita / Kendall Hirschfeld













Pilot Project Survey- The Bluffs / Charlotte Farmer







5. How much would you pay for the convenience, containment and capacity of the Republic cart? A. $5.00 month- 10 B. $3.00 month-13 C. $1.50 month- 26 No Answer- 5






City of San Angelo Parks & Recreation



From: Carl White, Parks & Recreation Director

Subject: Agenda Item for January 22, 2013, Council Meeting

Contact: Carl White, Parks & Recreation Director, 234-1724

Caption: Regular Agenda Item

Consideration of adopting the San Angelo Cultural District Planning Study (2012) and any action related thereto.

Summary: Howard Taylor, Director, San Angelo Museum of Fine Arts, will present to City Council the key findings and recommendations of the newly drafted Cultural District Planning Study. His report is attached. Refer also to the draft study.

The San Angelo Museum of Fine Arts led the effort to develop the study in partnership with the San Angelo Health Foundation, the Earnest and Dorthy Barrow Foundation and the City of San Angelo.

History: City Council, through Resolution of Support and Memorandum of Understanding, authorized spending up to $10,000 for the study at the February 21, 2012 meeting. City Council received a briefing on the Cultural District Designation and discussed the possibility of the study at the November 17, 2009 meeting.

Financial Impact: There is no financial impact for adopting the plan.

Related Vision Item: N/A



Attachments: Memorandum from Howard Taylor, Director, San Angelo Museum of Fine Arts, and a copy of the proposed Cultural District Planning Study.

Presentation: Verbal and PowerPoint

Publication: N/A


Rick Weise, Assistant City Manager

Approved by Legal: N/A

A Report on the San Angelo Cultural District Planning Study To the City of San Angelo City Council

Presenters: Howard Taylor-Director San Angelo Museum of Fine Arts, Art Wolf-Wolf Consulting and Mimi Quintanilla of Quintanilla Schmidt Consulting. A brief ten minute narrated power point will allow City Council to visualize the assets, challenges and aspirations inherent in this study. In 2009 the San Angelo Museum of Fine Arts received authorization from the State of Texas and the Texas Commission on the Arts to lead the creation of a Cultural District Initiative in San Angelo. This was granted in a highly competitive process. The Museum received an official resolution from the City of San Angelo and Tom Green County to proceed with this process. The District is the largest in Texas and comprises over 200 acres on the south side of the North Concho River adjacent to the central business district. Over several years a steering committee was formed, a number of initiatives and projects were undertaken, and there was growing enthusiasm and support for a broader and more coordinated effort that would be integrated with the community’s broader visions and goals. In 2012 the City of San Angelo agreed to be a partner and provide financial support for a master planning process for the District. The City contributed $10,000 matching a similar amount from the San Angelo Museum of Fine Arts and $10,000 from the San Angelo Health Foundation and an equal amount from the Barrow Foundation and Museum. The study was led by Wolf Consulting and Quintanilla Schmidt Consulting with four other independent consultants who have strong background in the realm of community development and historic and cultural management. The study has been completed and a bound copy issued to each member of City Council as well as to the other participants. The study is similar to the now nationally famous San Angelo R/UDAT study undertaken twenty years ago. It is similar to the R/UDAT study in that it is intended to be “a plan for planning.” It is however more comprehensive and detailed and has significant additional supporting documentation not bound into the report but easily accessible on-line. The report does not request nor seek any specific funding from the City of San Angelo but does recognize that the City is a primary asset and landowner in the District and has already made major investments. To go forward with the visions of the plan will require careful coordination and input from the City and County government and supporting agencies. The report encourages strong interface and coordination with the broader visions and goals of the community and a stronger priority in the planning process. The report recognizes the distinctions between the adjacent downtown central business district and the Cultural District but also underscores that the two areas are a vital part of a larger and integrated area generally referred to as the Historic City Center. The visions for the Cultural District do not compete with the central business district but rather strengthen and reinforce the overall development of this area.

The Cultural District has a vast range of historic and cultural assets unique to almost any city in the nation. This is hardly recognized today but with imaginative and dynamic leadership we will be able to create one of the most exciting and compelling visitor attractions and quality of life amenities of any city in the state. This can play a fundamental role in the economic well-being of our community and region. As leader and recipient of the Cultural District designation the San Angelo Museum of Fine Arts would like to publish a newspaper supplement that would include a summary of the key findings of this planning study together with some of the visions and ideas being advanced by the various entities. The Texas Commission on the Arts has strongly encouraged this idea. This would parallel a similar document published as a supplement in the Standard-Times in February of 1992 of the R/UDAT study which helped to advance the significant investments and outcomes that followed. Howard Taylor, Director, San Angelo Museum of Fine Arts January 8, 2013

San Angelo Cultural District

Planning Study

In Association With

Quintanilla Schmidt Consulting

May 2012

San Angelo Cultural District Planning Study

WOLF Consulting with Quintanilla Schmidt Consulting 2

TABLE OF CONTENTS

EXECUTIVE SUMMARY 4

INTRODUCTION 7

Background Figure 1 – San Angelo Cultural District 8

Cultural Districts in Texas 9

San Angelo Cultural District Planning Study 9

ASSESSMENTS 10

Cultural District Assets 10 Nationally Recognized Organizations and Properties State/Regional/Locally Recognized Properties Figure 2 – Old Town Historic District 13 Figure 3 – Additional Suggested Historic Districts 14 Investments by the City and San Angelo Health Foundation Private Investment in the Cultural District Other Organizations with Interest or Plans for the Cultural District

Cultural District Liabilities 16

Opportunities for the Cultural District 17

Threats to the Cultural District 18

OBSERVATIONS AND RECOMMENDATIONS 19

City Participation and Support 19 Historic City Center Cultural District Compatibility with Existing City Plans Commitments Needed for the Success of the Cultural District Fort Concho National Historic Landmark San Angelo Nature Center Bill Aylor Sr. Memorial RiverStage North Concho River Improvement Project

San Angelo Health Foundation Participation and Support 23 Outright Grants Matching Grants/Cost Sharing Property Acquisition Property Donation or Development Meeting Space



Cultural District Leadership and Coordination 24 Cultural District Organization Coordination of Cultural District Planning and Marketing Efforts Structure of Cultural District Long-term Governance

Organizational Assessments and Capacity Building 27

Collection, Preservation, and Interpretation of San Angelo History 27 Fort Concho Santa Fe Depot/Railway Museum of San Angelo Barrow Foundation Regional History Interpretation History San Angelo Potential for Shared Resources

The Most Important First Steps 30 Cultural District Organization Access/Wayfinding/Public Transportation Safety Issues Community Development

A Multitude of Ideas for the Future 31

TIMELINE FOR DEVELOPMENT 32 Time and Effort ~ Effort Over Time Suggested Short Term Goals (One to Three Years) Mid Term Goals (Four to Six Years) Long Term Goals (Seven to Ten Years and Beyond)

CONCLUSIONS 33

Appendix I – Consultant Biographies 34

Appendix II – Stakeholders 36

Appendix lll – Web Links 38



EXECUTIVE SUMMARY

• The San Angelo Historic City Center Cultural District was endorsed by the City of

San Angelo and Tom Green County and designated by the Texas Arts Commission

in 2009. Currently 200 acres on the south side of the North Concho River comprise

the Cultural District.

• The current Cultural District Study was commissioned by the San Angelo Museum

of Fine Arts, City of San Angelo, the Health Foundation, and the Barrow

Foundation as a “plan for planning” similar to the 1992 Regional Urban Design

Assistance Team (R/UDAT) report that led to the revitalization of the Downtown

District and numerous improvements on both sides of the North Concho River.

• The Steering Committee engaged WOLF Consulting of Las Vegas, NV and

Quintanilla-Schmidt Consulting of San Antonio to lead the study and coordinate

the efforts of four other independently contracted consultants. The team made an

intensive site visit to San Angelo March 4-7, 2012, touring the District and meeting

with more than fifty institutional, government and neighborhood stakeholders in

group and individual interviews.

• The team assessed the Assets, Liabilities, Threats to and Opportunities for the

Cultural District, and have summarized the findings in this report along with

Observations and Recommendations, a Timeline for Development, and

Conclusions.

• The cultural and community assets of the Cultural District are exceptional for the

location, size and relative isolation of San Angelo. These include organizations,

neighborhoods, and properties that are recognized as important on the national,

state/regional and local levels, as well as significant investments in historic

preservation, capital improvements and land acquisition by the City of San Angelo,

the Health Foundation, and the San Angelo Museum of Fine Arts. Fort Concho

National Historic Landmark and the San Angelo Museum of Fine Arts are both

nationally recognized institutions while individual buildings and neighborhoods are

recognized as historically important to San Angelo’s history.

• The core of the Cultural District is the old Southside Commercial District, which

contains abandoned buildings and warehouses, empty lots, and unattractive

streetscapes between Irving and Oakes Streets and between the River and

Washington Drive. The team recognizes their strong character and potential for

adaptive reuse through public/private investment, historic

preservation/restoration, and development of new business and residential

opportunities.

• Serious current liabilities include lack of proper wayfinding to and within the

Cultural District, lack of safe pedestrian access, the need to curtail speeding in the

north/south corridors, the lack of overnight lodging and retail, the need for repair

of the Oakes Street Bridge, creation of neighborhood associations or alliances, and

more focused marketing of the assets within the District.



• The character of the Cultural District varies from the Downtown District in that its

core is owned or operated primarily by the City of San Angelo, or non-profit

organizations, with the remaining property being primarily residential, while the

adjacent Downtown District houses banks, churches, a hospital, government and

law offices and other institutional headquarters as well as a variety of retail

activities.

• As the development of the Cultural District crystallizes, there are numerous

opportunities to focus existing organizations and neighborhoods on an overall

vision for the Cultural District.

• There are a number of threats to the Cultural District including spreading blight,

competition for funding of other projects in San Angelo, tax increases with a rise in

property values, need for a common vision, undercapitalized organizations,

overbuilding of the River corridor, and a need for succession planning for several

anchor institutions.

• The participation of the City Planning, Parks, Recreation, City Events and Fort

Concho divisions as well as the San Angelo Development Corporation will be key to

advancing plans for the Cultural District, as will City Council support for

development incentives and capital budget requests going forward.

• We suggest that the Downtown District and Cultural District be presented as two

distinct but integral parts of the Historic City Center.

• All of the Goals and most of the Action Steps outlined in the City of San Angelo

Strategic Plan Update to the Comprehensive Plan are applicable to the Cultural

District. The Guiding Principles for Implementation of the Strategic Plan are also

directly applicable to the Cultural District.

• The San Angelo Historic Preservation Action Plan, adopted by the City in 2008, was

endorsed by the Texas Historical Commission as a Visionaries in Preservation

Community (VIP). Almost all of the elements of the VIP Plan resonate with the

future developmental goals of the Cultural District.

• A number of City of San Angelo commitments will need to be made over the next

decade or more in order to realize full development of the organizations and

attractions, properties and businesses, and neighborhoods in the Cultural District.

• There are many ways in which the San Angelo Health Foundation could choose to

assist in the further development of the Cultural District, depending on the

opportunities presented, the timing of projects, and the priorities set by the

Foundation Board of Trustees.

• Moving forward, the task of the Cultural Steering Committee is to guide the initial

planning and governance discussions leading to inclusion of neighborhood

residents, property and business owners, and other stakeholders in the

development of short-, mid- and long-terms plans for the Cultural District.



• The complete history of San Angelo is not being told at present, but it could be

with a concerted community effort. It is time for all interested parties to come

together to form a non-profit corporation for the collecting, stewardship, and

interpretation of the entire history of San Angelo and the surrounding area. We

propose that the new entity be called History San Angelo and suggest that the

Steering Committee for the Cultural District facilitate the discussion of History San

Angelo through its planning process and conversations between the City and

interested parties.

• Important first steps in the development of the Cultural District include

organization and planning, access/wayfinding/public transportation and safety

issues, and community development efforts.

• The San Angelo Cultural District has many existing, emerging, and potential assets

that will serve as both platforms and drivers to provide the resources and

conditions for successful outcomes over time.

• Many variables will affect the pace of development for the Cultural District,

including: strength and clarity of the Cultural District plans and organization,

levels of funding/cooperation/collaboration provided by the City of San Angelo

and the many stakeholders and resource providers, the strength, viability and

creativity of the existing and potential cultural organizations and businesses,

continuing interest by property owners, neighbors, artists, and business

investors, annual and periodic review and evaluation of progress towards goals,

and the Vision, passion and commitment from all stakeholders.

• Short-term (One to Three Years), Mid-term (Four to Six Years), and Long-term

(Seven to Ten Years) Goals will be most important to the development of the

Cultural District.

• The San Angelo Cultural District contains within it all of the initial assets and

resources needed to begin the pursuit of its long term goals. Support and

encouragement by the City of San Angelo and local, regional and national funding

sources, matched with the enthusiastic involvement of the community and

Steering Committee will allow the goals to be achieved in the next decade.

• The San Angelo Cultural District has the potential to be one of the best if not “the”

best in Texas.



INTRODUCTION Background San Angelo has a storied place in West Texas history as the site of the important frontier

outpost Fort Concho on the banks of the North Concho River and as an agricultural,

transportation and military hub for the region. The community has grown and developed

for over 140 years and rightfully exhibits pride in its people, businesses, educational

facilities and cultural assets.

An important turning point for San Angelo occurred in 1992, when a Regional Urban

Design Assistance Team (R/UDAT) of the American Institute of Architects visited to

conduct public forums and conversations with hundreds of community stakeholders and

sponsors. The report that followed was a “plan for planning” and suggested ways in which

the Historic City Center could be revitalized and redeveloped. The focus was on an area

that encompassed the core area of the original city on both sides of the river. Numerous

projects in the Cultural District study area were initiated as an outcome of R/UDAT

including the construction of the Paseo de Santa Angela, the restoration of the historic

Depot and warehouse, the Celebration Bridge and several major projects of restoration at

Fort Concho.

Over twenty years the R/UDAT report was the impetus for initiation of processes,

resources, guidelines and incentives that have successfully increased the connectivity,

density, viability, and livability of the Downtown area and resulted in approximately $70M

in reinvestment for historic preservation, new construction, improved infrastructure and

the establishment of businesses. City of San Angelo Comprehensive and Strategic Plans

suggested initially by R/UDAT now provide guidelines for future development. The report

included discussion of the neighborhoods on the South side of the Concho River as well,

including Fort Concho and other historic properties such as the WPA Swimming Pool and

the Kansas City Orient and Mexico Railroad Depot. Since then funds were allocated for the

development of a Visitor Center in Barracks 1 at Fort Concho and the purchase and

renovation of the Depot. The City of San Angelo is the largest property owner in the

district, including Fort Concho and its grounds, the Farmer’s Market and Paseo de Santa

Angela Pavilions, Depot and Warehouses, the Senior Center, River Stage and other

properties. The Health Foundation of San Angelo has also purchased significant tracts of

land along the Concho River, and helped to fund the important new Visitor’s Center on

the Western edge of the district that includes the Convention and Visitor’s Bureau.

In 2009, under the leadership of the San Angelo Museum of Fine Arts (SAMFA) and a large

Steering Committee of City and Community stakeholders, a proposal was developed to

seek Cultural District designation from the Texas Commission on the Arts. The proposal

was endorsed by both the City of San Angelo and Tom Green County, and was granted as

the San Angelo Historic City Center Cultural District that same year. Although initially

planned to include roughly 100 acres, it was later doubled to include two nearby

residential neighborhoods (Figure 1). This was done at the request of the San Angelo

Health Foundation with the approval of the Texas Commission on the Arts.



In early 2012, a consortium of funders associated with the district, including SAMFA, the

City of San Angelo through Fort Concho, the Health Foundation, and the Barrow

Foundation, commissioned this planning study for the Cultural District. This study for the

Cultural District should also be viewed as a “plan for planning” which addresses the broad

issues and should be a springboard for follow-up detailed project and strategic plans.

Figure 1. San Angelo Cultural District



Cultural Districts in Texas Recognizing that arts and culture are complementary to business and tourism

development, the Texas Legislature authorized the Texas Commission on the Arts to

designate Cultural Districts in cities across Texas. A cultural district is “a well-recognized,

labeled, mixed-use area of a community in which a high concentration of cultural facilities

serves as the anchor of attraction.” Cultural districts boost urban revitalization in many

ways, by beautifying and animating cities, providing employment, attracting residents and

tourists to the community, complementing adjacent businesses, enhancing property

values, expanding the tax base, attracting well-educated employees and visitors, and

contributing to a creative, innovative environment and better quality of life for local

residents. Each district reflects the community’s unique environment, history, land use,

and growth and cultural development. There are currently 16 designated cultural districts

in Texas, including San Angelo, Abilene, Lubbock, and Alpine in West Texas.

San Angelo Cultural District Planning Study The Steering Committee for the San Angelo Cultural District engaged WOLF Consulting of

Las Vegas, NV, in association with Quintanilla Schmidt Consulting of San Antonio, to lead

the Planning Study and coordinate the efforts of four independently contracted

consultants with strong knowledge of cultural affairs in Texas and expertise in arts

development, city management, historic preservation, and museums. Arthur H. Wolf of

WOLF Consulting joined Mimi Quintanilla of Quintanilla Schmidt Consulting, Phillip

Collins (former Chief Curator at the African American Museum in Dallas, Texas), Douglas

Harman of Harman Consulting (former City Manager and Director of the Convention and

Visitor’s Bureau, Fort Worth), and Calvin Smith (former Chair of the Museum Studies

Department and Baylor University professor) for an intense site visit in San Angelo March

4 -7, 2012. Gary Smith, President/Executive Director of Dallas Heritage Village, conducted

a visit on April 10 - 11, 2012, for the express purposes of assessing the collections of the

Barrow Foundation Museum and Fort Concho. (short bios in Appendix I). The team was

provided with stakeholder backgrounds, issues, ideas, and goals before the site visit. The

team toured the Cultural District by trolley and visited the Depot, artist’s studios, Fort

Concho, the SAMFA and other facilities. We met with over 50 institutional, governmental

and neighborhood stakeholders in group and individual interviews at Fort Concho and

SAMFA (Appendix II), dined with additional stakeholders and patrons at SAMFA and Miss

Hattie’s, made a brief presentation to the City Council, toured the city including the North

Concho River Development Project, Nature Center and Visitor’s Center, and conducted

exit interviews with members of the Steering Committee before leaving town. Meeting

notes, additional correspondence and consultant reports followed, and we have

benefitted from links to City planning documents. The team was impressed by the

uniform enthusiasm for the further development of the Cultural District shown to us by all

stakeholders. The staff of SAMFA including Howard Taylor, Gracie Fernandez, Laura

Huckaby, and Daniel Peterson provided exceptional support for our efforts on site.



ASSESSMENTS

Our initial assessments of the Assets, Liabilities, Threats to and Opportunities for the

Cultural District are the basis for our subsequent Observations and Recommendations,

Timeline for Development, and Conclusions, drawn from the variety of overlapping and

synergistic sources of information that we received during our visit and afterwards.

Cultural District Assets The cultural and community assets of the Cultural District are exceptional for the location,

size and relative isolation of San Angelo. These include organizations, neighborhoods, and

properties that are recognized as important on the national, state/regional and local

levels, as well as significant investments in historic preservation, capital improvements

and land acquisition by the City of San Angelo, the Health Foundation, and the San Angelo

Museum of Fine Arts. The North Concho River, with its many riverside amenities, is the

envy of other communities in West Texas and serves as a unifying feature of the

Downtown and Cultural District components of the Historic City Center.

Nationally Recognized Organizations and Properties Fort Concho National Historic Landmark

National Historic Landmarks are nationally significant historic places designated by the

Secretary of the Interior because they possess exceptional value or quality in illustrating

or interpreting the heritage of the United States. Today, fewer than 2,500 historic places

bear this national distinction. This number is more meaningful when understood in the

context that there are literally hundreds of millions of structures, sites and built

environment assets throughout our nation. A school teacher, Geneva Wood Carson,

initiated the preservation of this site

in the 1930's shortly after the

preservation of Colonial Williamsburg

had begun. It is thus one of the oldest

major site preservation efforts in

America. Fort Concho served in the

settling of the Texas frontier from

1867 to 1889 and the town of San

Angelo first grew to serve its needs.

Elements of the 4th and 10th U.S.

Cavalry, the latter composed of the

famed Buffalo Soldiers, were

stationed at the Fort during its

lifetime.



After a concerted community effort to reclaim the Fort’s land and buildings from private

ownership, the Fort has been owned and operated as a division of the City of San Angelo

since 1955. Continuing efforts to restore the buildings and grounds over the past thirty

years have made the past come alive in a dramatic way. The Fort attracts both local and

tourist audiences numbering well over 50,000 people annually for its regular exhibits and

special events. Voters approved $1M in funding for a new Visitor

Orientation Center at Fort Concho in a relatively recent Sales Tax Extension vote.

San Angelo Museum of Fine Arts (SAMFA)

From its origins in the Quartermaster’s Building at Fort Concho in 1985, to the

construction of the current iconic museum structure in 1999, to its present recognition as

a museum of national and international interest,

SAMFA is a home-grown success

story and major asset for the

Cultural District. SAMFA is nationally

accredited by the American

Association of Museums, one of only

775 out of 17,500 museums

nationwide to attain that distinction.

The educational programs and

community involvements provided

by the Museum led to its receipt of a

National Medal for Museum Service

from the Institute of Museum and Library Services in 2004, one of only three presented in

that year by First Lady Laura Bush.

The National Ceramic Competition, held every other year, draws visitors and interest from

around the world and has helped to make SAMFA’s ceramic collection one of the finest in

the country. Its collections of Spanish Colonial and Mexican religious art are of growing

importance and significant collections of both ceramics and Early Texas Art (1920’s-WWII)

have been promised by major national collectors. SAMFA attracts 65,000 visitors per year.

Active community involvement is a hallmark of SAMFA, which over several years has

acquired a block of buildings adjacent to the Museum on Oakes Street to use for program

expansion and to model a potential pedestrian-oriented environment in the Cultural

District. SAMFA is functioning in a leadership role for the development of the Cultural

District and as an active incubator of ideas for organizational, business and tourism

development.

National Register of Historic Places

As of 2011, seven properties in the Cultural District are listed on the National Register of

Historic Places including Fort Concho National Historic Landmark, the Santa Fe Passenger

Depot, Santa Fe Freight Depot, Municipal Swimming Pool, and three homes.



State/Regional/Locally Recognized Properties Fort Concho National Historic Landmark and the Municipal Swimming Pool are also

recipients of the highest honor the state can bestow on a resource as Recorded Texas

Historic Landmarks. Fort Concho National Historic Landmark, the Santa Fe Passenger

Depot, Santa Fe Freight Depot, the Municipal Swimming Pool, the Girl Scout “Little House”

on Avenue A, Brick Shop Row on South Chadbourne Street, and a 1909 Historic Building

on South Chadbourne are designated as San Angelo Historic Landmarks.

In addition, a local historic overlay zone, the Old Town

Historic District, was approved by the San Angelo City

Council in 2010 and includes the core of the Cultural

District (Figure 2). A Survey of Historic Resources

prepared for the City of San Angelo Planning Department

and San Angelo Historic Preservation Commission in 2011

also identified 98 high priority properties (21 of them

endangered) within the Cultural District for historic

preservation and recommended that four distinct geographic areas be nominated for

National Register of Historic Places and San Angelo Historic District status: Fort Concho

Addition, Oriente Barrio, Southside Commercial District, and Rio Concho Historic District

(Figure 3). All except the Rio Concho District are within the boundaries of the Cultural

District.

Investments by the City of San Angelo and San Angelo Health Foundation The City of San Angelo made prior investments in restorations of Fort Concho and the

Santa Fe Depot and Freight Warehouse, the River Stage, and the 1990s creation of the

Paseo de Santa Angela to link the North Concho River to those properties with pathways,

a plaza and two Mission-Revival style pavilions and Farmer’s Market. Current City projects

include a major renovation of the Municipal Swimming Pool, river bank stabilization, and

parks and trails along the river through the North Concho River Improvement Project.

The San Angelo Health Foundation has also made major investments in and adjacent to

the Cultural District. The Foundation, in collaboration with the city, state, federal

government and Chamber of Commerce, helped fund the beautiful new Visitor’s Center,

which houses the Chamber of Commerce and Convention and Visitor’s Bureau, just to the

west of the district on Avenue B across Highway 87.

Of equal importance has been the Foundation’s investment of

over $11M for projects in the Downtown/River area and

purchase of 3.5 acres of land along the river in the center of

the northern portion of the Cultural District. The property is

key to planned development along the south side of the North

Concho River and contains both pristine parcels and land

available for redevelopment.



Figure 2. Old Town Historic District, Approved by San Angelo City Council in 2010.



Figure 3. Map showing Areas of Four Proposed New Historic Districts Existing Historic Districts are Also Shown



Private Investment in the Cultural District Private investment in the Cultural District has begun, with galleries, shops and artist

studios in the Old Town Historic District on the Paseo de Santa Angela, Chadbourne

Street, Irving Street, and Washington Drive. A Mexican restaurant occupies a building near

the City Pavilions, and there is a growing interest in restoring some of the historic homes

as Bed and Breakfast lodging or vacation rental homes.

Other Organizations With Interest In or Plans for the Cultural District Santa Fe Depot/Railway Museum of San Angelo

The Historic Orient/Santa Fe Depot, Inc.

(HOSFD) was instrumental in assisting the City

of San Angelo in stabilizing and restoring the

important Freight and Passenger Depots in

the Cultural District. Since its opening in 1997

the HOSFD group has been developing the

Railway Museum in the Passenger Depot with

an outdoor display of rail engines and cars on

a spacious plaza. The HOSFD also organizes

major events on the property. It has amassed major photographic collections and needs

additional space to realize its ambitious plans to become the Transportation Museum of

San Angelo by acquiring and improving adjacent properties in the neighborhood.

Junior League of San Angelo

The Junior League has expressed an interest in developing a five year project that will

engage children and families in learning more about the heritage of their community in a

creative and interactive environment, in association with SAMFA.

Association of Asian-American Women

The members of the Association are

interested in building an Asian Cultural

Center in the Cultural District as a place to

generate opportunities for cultural

understanding and events. It will also

function as a meeting place for the

Association, which is dedicated to

Education, Friendship, and Service.

West Texas Music Hall of Fame

Sid Holmes, an individual who has collected a substantial amount of material related to

the musical heritage of West Texas, has enlisted a group of friends who would like to see a

museum and possibly a music hall located in the Cultural District.



Earnest and Dorothy Barrow Foundation

The Barrow Foundation, based east of San Angelo near Eola,

participated in the interviews and funded part of this

study because of their interest in a potential

relocation of part of their large and eclectic historical

collection to the Cultural District in San Angelo.

Art in Uncommon Places

A group of associated downtown artists is interested in initiating public art projects in the

historic core of San Angelo.

Fire Memorial

An exhibit entitled Better Angels: The Firefighters of 9/11 has been touring the country.

Former County Commissioner Richard Easingwood feels that it could find a permanent

home in the Cultural District, most likely as part of another entity.

Cultural District Liabilities The core of the Cultural District is the old Southside Commercial District, which contains

abandoned buildings and warehouses, empty lots, and unattractive streetscapes between

Irving and Oakes Streets and between the River and Washington Drive. Our team

recognizes their strong character and potential for adaptive reuse through public/private

investment, historic preservation/restoration, and development of new business and

residential opportunities. Additional liabilities exist, all of which can be remedied over

time:

• There is no consistent sidewalk standard and with the exception of Paseo de Santa

Angela the area is not accessible, or friendly

to pedestrians.

• Safety is a problem with speeding traffic on

the north/south corridors of Oakes,

Chadbourne and Irving Streets.

• Little to no retail business and

only one small corner grocery

store are located in the area to

serve neighborhoods in the

Cultural District.

• There are no convenient

lodgings or overnight

accommodations for visitors

to the Cultural District.

• Some individual properties have been

refurbished and the majority possess strong

character with historic significance. However



the majority of the 1910 to the 1950s housing stock in the historic neighborhoods

is neglected.

• The streets are wide and can accommodate parking for destination special events,

but the lack of public transportation for circulation within the area impedes the

exploration of multiple sites within the district.

• There is no wayfinding system to direct residents and visitors to the Cultural

District, or to mark pathways to the attractions within it. There is no orientation

point for the Cultural District and so no clear sense of entry or place.

• The lack of a

wayfinding

system results

in connections

to and from

Downtown and

the Cultural

District being

difficult to find

and navigate for

local residents

and visitors.

• There are no existing neighborhood associations, or a neighborhood alliance

within the Cultural District and neighborhoods are separated geographically within

the District.

• The history of the area is not fully communicated or marketed within the District,

or in the general marketing efforts of the City of San Angelo although major efforts

have been made in recent years to raise the profile of some of the main assets of

the District.

• The Oakes Street Bridge is in need of major repairs and a traffic calming strategy.

The approach from Hwy 87 onto

Avenue B near the Visitor Center

lacks a stop light and directional

signs.

Opportunities for the Cultural District The character of the Cultural District varies from the Downtown District in that its core is

owned or operated primarily by the City of San Angelo, or non-profit organizations, with

the remaining property being primarily residential, while the adjacent Downtown District



houses banks, churches, a hospital, government and law offices and other institutional

headquarters as well as a variety of retail activities. As the development of the Cultural

District crystallizes, there are numerous opportunities:

• To focus existing organizations and neighborhoods on an overall vision for the

Cultural District to increase communication and cooperation between them

through a coordinated master calendar, the Cultural District website, and social

media.

• To increase public engagement in the process of long term planning and

implementation for the Cultural District, starting with the integration of the

Cultural District into the City of San Angelo Comprehensive and Strategic Plans.

• To educate homeowners about incentives for neighborhood improvement within

the overall City plans.

• To encourage and facilitate designation of additional Historic Districts within the

Cultural District and facilitate the development and adoption of design guidelines

appropriate to each neighborhood. Neighborhood associations or a Cultural

District Neighborhood Alliance will strengthen this effort.

• To encourage appropriately scaled infill of vacant land near the River and the

repurposing of adaptable and attractive older buildings for commercial,

educational, residential and artistic uses.

• To familiarize and encourage business and property owners, non-profit

organizations, and residents regarding incentives for historic preservation and

business development in the Cultural District.

• To explore new kinds of partnerships between the City, private property and

business owners, funders, non-profit cultural organizations, and neighborhood

residents.

• To strengthen existing cultural organizations and provide planning assistance to

organizations wishing to establish themselves in the Cultural District.

• To rebrand the Cultural District as part of the Historic City Center, closely

connected to, but distinct in nature from the Downtown District.

Threats to the Cultural District There are several threats to the Cultural District, expressed as concerns during our

interviews and in follow-up conversations:

• A spreading area of blight near the corner of S. Chadbourne and E. Washington

mars the southern boundary of the District.



• Residents fear that property improvements will translate to tax increases.

• There is a danger that the built environment along the River, if not approached in

a sensitive way, can ultimately detract from the overall enjoyment of the Historic

City Center by residents and visitors in ways that other cities with river walks have

discovered.

• There is the perception that competition for attention and resources from the City

and other funders by other projects in San Angelo will slow the process of

development.

• Some existing non-profit organizations, including anchor attractions, are seriously

undercapitalized for both operations and capital improvements. These

organizations will require re-examination of their governance and funding models

to meet the expectations of visitors to the District.

• There is a need to establish a common vision and combine competing agendas

among organizations in the Cultural District, and the Downtown District.

• The generation that completed the R/UDAT plan may start the long term planning

for the Cultural District, but will not finish it. Succession planning is key for all

participating businesses and organizations to ensure that the vision persists and

develops.

OBSERVATIONS AND RECOMMENDATIONS

City Participation and Support The success of the Cultural District in reaching its full potential will depend on the level of

support given to it by the City of San Angelo, owner of the largest portion of property in

the District and the potential partner for most of the developmental changes that will

need to occur. The participation of the Planning, Parks, Recreation, Civic Events and Fort

Concho divisions as well as the San Angelo Development Corporation will be key to

advancing plans for the Cultural District, as will City Council support for development

incentives and capital budget requests going forward.

Historic City Center The original R/UDAT study of 1992 focused on what was called the Historic City Center,

including what has become known as the Downtown District on the North side of the

Concho River and parts of what is now called the Cultural District on the South side of the

Concho River. When the application for the Cultural District was submitted in 2009, it was

called the San Angelo Historic City Center Cultural District. We observe that the San

Angelo Strategic Plan approved in 2009 as an update to the San Angelo Comprehensive

Plan appears not to distinguish the Downtown District from what is now called the

Cultural District in its recounting of visions and goals. Many of the stakeholders we

interviewed suggested that the two sides of the North Concho River not be distinguished

from one another in terms of addressing community issues and marketing. We suggest

that both the Downtown District and Cultural District be presented as two distinct but

integral parts of the Historic City Center.



Cultural District Compatibility with Existing City Plans

The San Angelo Strategic Plan Update 2009 is a Vision Plan that focuses on four main

areas for community development applicable to the Cultural District: Downtown,

Neighborhoods, Neighborhood Centers, and Transition Areas. The Goals for these are:

Downtown goals (p. 34) include:

• Increase the resident population

• Improve the pedestrian experience

• Promote the Arts

• Enhance cultural identity in the region

• Increase accessibility of public open spaces

• Eliminate negative effects of surface parking

• Increase the role of alternative modes of transportation

• Increase connectivity between Downtown and surrounding neighborhoods

Neighborhoods goals (p. 36) include:

• Promote vibrant and viable neighborhoods

• Improve neighborhood connectivity with and between neighborhoods

• Improve relationship between adjacent commercial and residential land uses

• Grow new neighborhoods in a reliably sustainable manner

• Promote neighborhood organization and outreach

• Improve access to open space for all residents

Neighborhood Centers goals (p. 38) include:

• Contract retail commercial corridors into series of nodes or centers at key

intersections

• Reorganize parking strategies

• Improve pedestrian access to commercial Neighborhood Centers

Transition Areas goals (p. 39) include:

• Revitalize aged commercial corridors

• Blend intrusive commercial areas into neighborhoods seamlessly

Each of the Goals also has well-defined Action Steps to accomplish them. All of the Goals

and most of the Action Steps outlined in the Strategic Plan Update to the

Comprehensive Plan are applicable to the Cultural District. The Cultural District Steering

Committee will need to address Action Steps that do not apply, and propose Action Steps

that will help the District achieve its desired goals for organizational strengths, infill

guidelines, economic redevelopment, and community building. The Cultural District is not

mentioned by name in the Plan, and amendments should include it by name. The Guiding

Principles for Implementation of the Strategic Plan (pp.73-80) are also directly

applicable to the Cultural District.



The San Angelo Historic Preservation Action Plan, adopted by the City in 2008, was

endorsed by the Texas Historical Commission as a Visionaries in Preservation Community

(VIP). Progress on this VIP plan led to San Angelo receiving the First Lady’s Texas

Treasures Award this year. Again, almost all of the elements of the VIP Plan resonate

with the future developmental goals of the Cultural District. In addition many of the

community members responsible for advancing the work of preservation task forces are

also members of the Steering Committee for the Cultural District.

While the VIP Plan’s Long Term Goals (p. 8) are more immediate concerns within the

Cultural District (Implement a Wayfinding Master Plan, Enhance historic commercial

corridors and gateways, and Encourage San Angelo’s multi-cultural communities to be

active in local history and historic preservation efforts) the overall compatibility with

potential Cultural District plans is nearly parallel. The Cultural District Steering Committee

will need to call on all its existing expertise to make sure that the Cultural District is

identified within revisions of the VIP Plan.

Commitments Needed for the Success of the Cultural District A number of City of San Angelo commitments will need to be made over the next decade

or more in order to realize full development of the organizations and attractions,

properties and businesses, and neighborhoods in the Cultural District

Update Strategic and Comprehensive Plans

It is important for the City of San Angelo Planning Department to facilitate discussions

with the Cultural District Steering Committee regarding amendments to the 2009

Strategic Plan to include Action Steps that relate specifically to the Cultural.

Approve Suggested Historic Districts

To facilitate neighborhood development and community building within the Cultural

District it is important that the City Council approve the new Historic Districts suggested in

the 2011 Survey of Historic Resources after appropriate public involvement by the

affected neighbors and businesses.

Capital Funding for Cultural District Projects

Among the greatest needs for the short-term development of the Cultural District are

repair and enhancement of the Oakes Street Bridge for health and safety purposes,

addressing approval and funding of a plan for sidewalk installation, landscaping, deferred

maintenance at Fort Concho, a traffic signal at the intersection of Koenigheim and Avenue

B, and general beautification efforts. It is important that the City, in concert with the

Cultural District Steering Committee, involve residents, property and business owners,

organizations and attractions of the Cultural District in a meaningful way in annual

updates of plans for capital expenditures, which are not currently included in the

projected expenses for the next decade.



Facilitate Use of Incentives for the Cultural District

The City currently lists numerous opportunities for incentives in its Strategic Plan (p. 116)

including assistance with site acquisition and building and façade improvements, start-up

capital, operating assistance, and business counseling as well as other incentives for both

short-term and long-term needs. It is important for the City to educate property and

business owners in the Cultural District about the incentives available to them.

Fort Concho National Historic Landmark

Fort Concho National Historic Landmark has been owned and operated by the City of San

Angelo since 1955. City support for capital projects and maintenance has been cyclical,

while operating support has been reduced or static in the past decade. Even as it has been

recognized as one of the finest places of its type, staff and budget cuts have reduced its

potential and endangered its ability to keep pace with modern collecting, preservation

and interpretive standards for historic sites and museums. The San Angelo community will

benefit most from increased City support for capital improvements including completion

of a visitor/orientation exhibit, closing and removal of Avenue D from the Parade Ground,

and discussions and analysis of the governance and operations funding including funds for

strategic planning and increased professional staffing.

San Angelo Nature Center

The City of San Angelo Nature Center is isolated from the rest of the major attractions and

also remote from educational institutions and the North Concho River itself. Since most

visitors to the Lake Nasworthy area are primarily interested in recreational activities, the

potential for educating visitors about local and regional plants and animals is reduced.

Rethinking of the scope and scale of a nature center or a small zoological park that can be

relocated to the North Concho River will add a unique dimension to the Cultural

District/North Concho River Improvement Project. A mix of native plants, small animal

exhibits, and even a small aquarium can be considered with capital investments, a set

operating budget and maintenance provided by the City with governance and operations

contracted to a private non-profit organization.

Bill Aylor Sr. Memorial RiverStage

The River Stage occupies a central position on the south bank of the North Concho River

next to both the WPA Swimming Pool and SAMFA. It is an underused asset that can be

operated in conjunction with SAMFA, the new San Angelo Performing Arts Center, and

other community groups to maximize its seasonal appeal for concerts, dance

performances, film and poetry festivals, and other events. There may be a need to

upgrade the stage, backstage, and sound systems and evaluate the effectiveness of the

uninviting metal fencing around the area to make the River Stage a centerpiece of the

Cultural District. Given the proximity to SAMFA and other Cultural District assets it is vital

that an integrated and coordinated schedule and program of activities be implemented.



North Concho River Improvement Project

Public access to trails, facilities, businesses and organizations along the North Concho

River is of great importance to the success of the Cultural District. The City needs to

continue to be open to cost sharing or other participation in securing key properties along

the south side of the Concho River so that the planned contiguous trails and regular points

of access can be achieved.

San Angelo Health Foundation Participation and Support Since the Health Foundation began making grants in 1997 it has been instrumental in

helping to build the San Angelo community through outright grants to major institutions

for capital and operating purposes, property acquisitions and abatements through

purchases and cost sharing, property renovations, planning efforts including this study,

and public art installations, often in partnership with the City. The Health Foundation and

Visitor Center share a beautiful building with the Chamber of Commerce and Convention

and Visitors Bureau, and the shared meeting space is available to community groups. With

its key purchases of land along the Concho River and its history of involvement in the

Downtown District, North Concho River Improvement Project, and projects in what is now

designated as the Cultural District, the Foundation is a key participant in the future of the

District. A Master Plan for Health Foundation property development will be a major step

forward for the future of the Cultural District.

There are many ways in which the Foundation could choose to assist in the further

development of the Cultural District, depending on the opportunities presented, the

timing of projects, and the priorities set by the Foundation Board of Trustees. The

following would be consistent with the Foundation’s prior investments in the San Angelo

community.

Outright Grants Outright grants to organizations within the Cultural District for capital and operating

projects, capacity building, strategic and succession planning, feasibility studies for

developmental projects, or property renovations/restorations will be important to the

success of the district. Support for development of a sustainable business plan for a

formally organized Cultural District office is another important potential avenue of

assistance.

Matching Grants/Cost Sharing Matching Grants or Cost Sharing to leverage public or private funding for projects

including implementation of the current Wayfinding Plan, start-up of a Cultural District

office in space provided by participating organizations, capacity building for the non-

profits in the District or capital projects such as repair of the Oakes Street Bridge,

installation of a traffic light at Koenigheim and Avenue B near the Visitor Center, or

upgrades to the RiverStage are all keys to Cultural District success.



Property Acquisition Property acquisition to secure blighted properties on the edges of the Cultural District for

future development as Neighborhood Centers, or to partner with private developers for

live/work spaces in the core of the Cultural District

Property Donation or Development Property donation or development to ensure properly scaled and sited projects within the

land the Foundation owns along the River is an important key to success. Two potential

projects are a property donation for a relocated nature center or small zoo, and

partnership with a developer to build a small hotel with space for small convention

meetings near the North Concho River.

Meeting Space Meeting space for neighborhood associations and Cultural District organizations for public

meetings or closed planning meetings can easily facilitated in the Board Room or

Community Room at the Foundation.

Cultural District Leadership and Coordination The current mission of the San Angelo Cultural District is stated as:

“to create a long-term vision and plan for an approximate two hundred acre area of San

Angelo that encompasses Fort Concho National Historic Landmark, the San Angelo

Museum of Fine Arts and a dozen other cultural and non-profit agencies, approximately

three hundred residents, a dozen manufacturing entities and an equal number of retail

businesses and the City’s Visitor Center. The plan will emphasize historic preservation,

beautification, way-finding, transportation connections, neighborhood improvement, the

creation of new cultural facilities and business and economic development and job

opportunities. The plan will emphasize coordination and input from all stakeholders and

thoughtful management and marketing with the intent to increase the livability and

economic well-being of the entire Concho Valley.”

Cultural District Organization The Cultural District has begun under the leadership and financial management of SAMFA,

which has provided coordination, meeting space, and leadership in obtaining the

designation from the Texas Commission on the Arts with the endorsement of both the

City of San Angelo and Tom Green County governments. There is currently a large Steering

Committee made up of members from the City of San Angelo and Tom Green County

government and cultural, economic development, marketing and educational

stakeholders. The Steering Committee has involved others through work on committees

for Business Development and Resources, Design and Capital Projects, Environmental

Design and Education, Neighborhood and Residential Development, Transportation,

Marketing Public Events, and Public Art. It will be useful to create a specific dedicated

development group for the District rather than encourage individual speculators.



Moving forward, the task of the Steering Committee is to guide the initial planning and

governance discussions leading to inclusion of neighborhood residents, property and

business owners, and other stakeholders in the development of short-, mid- and long-

terms plans for the Cultural District.

Coordination of Cultural District Planning and Marketing Efforts In the next year, the Steering Committee has the opportunity to coordinate significant

planning and marketing efforts to further activate the potential for self-awareness,

capacity building, and community development associated with the future of the Cultural

District. In the near term, SAMFA will continue to provide meeting space in its main

facility or in its planning studio on South Oakes Street and act as financial agent. It is

important that these six initiatives be undertaken in the next year, to maintain and

increase momentum while building community support.

Complete the Inventory of Property Owners and Residents

With the assistance of the City and ASU interns, the Steering Committee needs to

complete the database of property and business owners within the Cultural District so

that as many as possible can be invited and included in planning and community

development discussions.

Conduct Cultural District Surveys and Facilitate a Formal Cultural District Plan

The Steering Committee needs to survey the needs and interests of the organizations,

property and business owners, and other residents within the District. By facilitating a

formal planning process that will clarify the District’s name, affirm the mission and a

unified vision for the Cultural District, identifying goals and resources to sustain it, and

building enthusiasm for community support of Historic District designations the Steering

Committee will make important progress. The outlooks of the organizations are already

well-known, but inclusion of all neighborhood stakeholders will make for a stronger,

better plan.

Participate in Updates of City Strategic and Comprehensive Plans

It will be important for the Steering Committee, working closely with the City of San

Angelo, to advocate for amendments and updates to the Strategic and Comprehensive

Plans so that the name, needs and interests of the Cultural District are included in official

City documents going forward.

Work with Neighborhood Residents to Advocate for Historic District Designations

A recent survey of historic resources in the Cultural District suggests the designation of

three new Historic Districts to complement the existing Old Town Historic District that

encompasses the core area. The Steering Committee can play an important role by

working with the City of San Angelo to educate stakeholders on the historical importance

of their neighborhoods, to help establish design guidelines for the District, to find

resources and assistance available to individual property owners, and to expand the

potential for interpretation of their neighborhoods’ roles in San Angelo’s history.



Advocate for Immediate Concerns and Coordinate Funding Requests

The Steering Committee will need to mobilize the stakeholders of the Cultural District to

advocate for important needs like the repair of the Oakes Street Bridge, installation of a

traffic light at Koenigheim and Avenue B, implementation of a sidewalk and landscape

plan, and implementation of a way-finding plan for the Cultural District including the

Historic Districts.

The Steering Committee will also need to coordinate funding requests for grants and

donations to provide strategic planning and capacity building services for both the existing

and emerging cultural organizations in the District.

Coordination of Marketing Efforts for the Cultural District

The Steering Committee will need to work closely with the Convention and Visitor’s

Bureau and the Chamber of Commerce to find ways to distinguish the Cultural District’s

offerings from the current confusing mix of “Downtown – Uptown – Good Times” with

either the current name San Angelo Cultural District or an appropriate, authentic name

that is not created simply for marketing. While many of the sites and organizations within

the District are noted as Attractions or Points of Interest in some of the existing marketing

collaterals, the Cultural District now has a critical mass to become an attraction on its

own. One of the important marketing efforts for the Cultural District should emphasize

that it is part of what makes San Angelo a great place to live and it provides venues for

periodic or annual events that attract tourists. New Historic Districts will add to the critical

interpretive mass for the Cultural District and create interest for residents and visitors.

In the short term it will be important for the Cultural District to build its own brand by

upgrading the offerings on its current website and adding Facebook, Tumblr and Flickr to

its media toolkit. The website in particular can be used to communicate among

stakeholders, publicize an advance calendar of events to diminish scheduling conflicts,

and serve as a posting board for evolving ideas as well as a way to announce planning

meetings and City hearings. It will also be important for the Steering Committee to work

collaboratively with the San Angelo Cultural Affairs Council and City Events to coordinate

scheduling and explore the potential for joint programming in the Cultural District.

Structure of Cultural District Long-term Governance and Management There are multiple models for cultural district management and sustainability, and the

Steering Committee will need to explore them as part of the planning process for the

long-term growth of the Cultural District. Two Texas examples illustrate some of the

possibilities. The Lubbock Cultural District is managed by the Lubbock Arts Alliance, a

membership organization, while the King William Cultural Arts District in San Antonio is

managed by the King William Association, a neighborhood association that raises funds to

regrant for development in the area. Both are non-profits and involve people from the

Districts themselves. Other communities have structured their arts/culture districts in

ways similar to downtown merchant associations, with tiered dues based on annual sales

or budgets. Whichever way the San Angelo Cultural District decides to structure itself, it is



clear that a Steering Committee (or Board of Trustees/Directors) can only operate in a

developmental mode for a few years before it needs dedicated staff to run the

organization under the guidance of a Board of Trustees. This is a discussion that the

Steering Committee should have in the coming year at the latest.

Organizational Assessments and Capacity Building From reviewing San Angelo literature and on-site interviews it is clear that with the

exception of SAMFA, the cultural organizations in the District need help with capacity

building for creating their own strategic plans, building stronger Boards of Trustees,

creating succession plans for Boards and Staffs, attracting bigger audiences, and

presenting better programs. With the exception of the current efforts at SAMFA to raise

endowment funds, the organizations are all undercapitalized and underfunded for their

current operations. It is important for the Steering Committee, the City, and community

funders to consider investing funds to help the organizations develop in ways that enable

them to deliver the best quality programs to residents and visitors with the understanding

that more, and younger, participants will need to be involved in the coming years. The

Steering Committee might also consider establishing an incubator for emerging

organizations to provide counseling for start-ups and a path to stability for others.

Collection, Preservation, and Interpretation of San Angelo History San Angelo is recognized as a City that cares about historic preservation and it has done a

wonderful job of encouraging the restoration and preservation of its historic buildings.

However, history is more than buildings – it is the collections of artifacts, photographs and

personal recollections that allow the story of a community to be told in ways that animate

it while preserving the fragile non-architectural evidence of the past. Every community

has many stories to tell, and they aren’t all about the iconic or stereotypical subjects that

are often featured. The complete history of San Angelo is not being told at present, but it

could be with a concerted community effort.

Fort Concho Fort Concho National Historic Landmark is associated with important events on the 19th

century Texas frontier as well as the famous Buffalo Soldiers who were stationed there. It

is also associated with a great community effort to reclaim the fort from private

ownership in the 20th century and restore it to its original condition. Prior excavations and

restorations have yielded an important collection of archaeological materials from the

early periods of the Fort. Along the way it has been given national honors and has become

a Department of the City of San Angelo. Over the past decade in particular operational

funding has declined or remained static, and the position of collections registrar was

unfunded. While the remaining staff members have worked with the volunteer corps to

maintain and carry on a number of programs, the lack of funding endangers the

collections, limits the opportunities for creative interpretation, and creates a sense of

limited possibilities for the future. The sense of a limited future also stands in the way of

sustainable improvements to the operations and programs, and we suggest that the City

apply on Fort Concho’s behalf to the Museum Assessment Program (MAP) of the



American Association of Museums. A MAP grant for a general assessment of the current

operation should lead to improvements in preparation for an application for national

accreditation similar to that obtained by SAMFA. We also suggest that the City of San

Angelo consider discussions about the future of the Fort, including continuing City

ownership of the site and collections, and contracted management with a private, non-

profit group that can raise additional funds for operations and personnel. For example,

Dallas Heritage Village has operated successfully in this manner for four decades.

Santa Fe Depot/Railway Museum of San Angelo The City of San Angelo has invested significant resources in the Santa Fe Depot, working

with the non-profit Historic Orient/Santa Fe Depot, Inc. (HOSFD) group to restore the

building which now houses the Railway Museum of San Angelo. The HOSFD has done

excellent work in bringing rolling stock for display on neighboring tracks, but as an all-

volunteer organization is challenged to make full use of the Depot as a museum space.

Promised large collection donations, while an excellent opportunity, will severely strain

the capabilities of the Railway Museum to care for them. The organization has ambitious

ideas for the interpretation of the history of all modes of transportation in the region, and

they include initial thoughts about acquisition and assembly of additional lots and

buildings in the neighborhood. The Board will need financial, organizational, and

programmatic assistance in order to achieve their dream.

Barrow Foundation A special assessment of the Earnest and Dorothy Barrow Foundation Museum near Eola

was undertaken as a part of the Cultural District Study in order to determine whether and

in what magnitude the Barrow Foundation might share its collections within the Cultural

District. The large collection is delightful in its complex miscellany and range of types and

ages of artifacts, collected both regionally and from around the world. While there are

significant local and regional artifacts at the Barrow Foundation as well as items given to

the Museum by Fort Concho over the years, our assessment is that it is not justifiable to

move the entire collection to San Angelo as a stand-alone museum. Rather, the existing

San Angelo organizations or a consortium of museums might wish to negotiate long term

loans of the Barrow Foundation collections that will tell the best stories of the Concho

Valley and West Texas. We also concluded that the Barrow Foundation Museum

operations can be streamlined by selective deaccession of the least appropriate

collections and the development of a focus on interpretation of the Barrow ranch site

itself. The Steering Committee should continue to work with the Barrow Foundation as

plans for the Cultural District evolve, and include Barrow Trustees in future discussions

about capacity building and shared resources including storage, exhibitions, collections

care and interpretation.

Regional History Interpretation Interest was shown in the establishment of a regional history museum to interpret the

prehistory and history of the Concho Valley and San Angelo and even to interpret the

historically permeable border territory with Mexico. Initial thoughts included the



formation of a new museum that would seek a facility in the Cultural District. While this is

an important long-term aspiration for San Angelo, it is our suggestion that the

organizations now responsible for interpreting aspects of local history be strengthened

first under an umbrella that can provide them with the resources needed to do an

excellent job with their existing collections and facilities. Such an organization can

naturally be evolved over time into a regional interpreter of broader stories, in a way

similar to what is being done for the South Valley at the Museum of South Texas History in

Edinburg, but with focus on the unique stories of West Texas and La Frontera.

History San Angelo It is time for all interested parties to come together to form a non-profit corporation for

the collecting, stewardship, and interpretation of the entire history of San Angelo and

the surrounding area. It might be envisioned as a mirror image of the governance of

SAMFA – a group of well-connected people of means who love local and regional history

and want to create a sustainable organization that will serve both the people of San

Angelo and those who will visit to learn about the rich history that lives here by acquiring

important collections and providing exciting exhibits and interpretive programs of high

quality. We propose that the new entity be called History San Angelo.

We believe that much can be accomplished by combining the facilities, staff, and

collections resources of Fort Concho and the Railway Museum at the Santa Fe Depot

under one governing body that can contract with the City of San Angelo for a set annual

amount for operations, maintenance and capital improvements, while taking

responsibility for funding additional personnel and program costs. History San Angelo

could then work cooperatively with the Barrow Foundation to secure loans of other

important collections and begin to bring the untold histories of Native Americans,

Mexicans, African-Americans, and the once-thriving Southside Commercial District to

light. The new organization can create possibilities for City-wide history interpretation and

public programs including the Goodfellow Air Force Base, Historic Neighborhoods, and the

Downtown District.

As SAMFA has shown over the past 25 years, a strong, proactive Board of Trustees and

forward looking executive leadership can stimulate both growth and sustainability in a

cultural organization. History San Angelo can be just such a steward of San Angelo history.

We suggest that the Steering Committee for the Cultural District facilitate the discussion

of History San Angelo through its planning process and conversations between the City

and interested parties.



Potential for Shared Resources The Cultural District offers the potential to facilitate and allow shared resources between

the collections-holding organizations like SAMFA, Fort Concho, the Railway Museum, and

the Barrow Foundation for joint care, preservation and exhibition of their permanent

collections. Any of several large warehouses in the District can be repurposed to allow for

environmentally controlled storage systems, some of which could be open to view by

visitors, conservation labs for restoration of fragile collections, and photography and work

spaces. Shared space will free up additional storage space within existing facilities and

provide an economical way for all the organizations to share space, expertise, and public

access. The Steering Committee and City of San Angelo should assist this effort to share

resources in any way possible as the Cultural District continues to develop.

The Most Important First Steps The areas of general agreement concerning what first steps should be taken to move the

Cultural District forward include the following, many of which must be taken concurrently

when possible.

Cultural District Organization By first considering and creating a formal plan for development of the Cultural District, the

Steering Committee can build community consensus on important goals, establish plans

for governance and management of the District, and begin to promote its assets and

opportunities with a unified brand.

Access/Wayfinding/Public Transportation The next priority will be to find the funding for implementation of the existing Wayfinding

Plan developed previously by The Douglas Group (see p. 12 and appendices for Cultural

District traffic flow and wayfinding designs). The Wayfinding Plan will need to be updated

to include the Cultural District boundaries and placement of its name on banners, signs

and maps. Planning for public transportation service is also essential.

Safety Issues Two safety issues need to be addressed immediately. The repair of the Oakes Street

Bridge and the installation of a traffic light at the corner of Koenigheim and Avenue B are

both important for the safety of motorists and pedestrians entering and exiting the

Cultural District on Avenue B and South Oakes Street.

Community Development Involvement of all stakeholders including residents, business and property owners,

cultural organizations, and governments is critical for building support for the longer term

goals of the Cultural District and should be expanded and continued.



A Multitude of Ideas for the Future One of the challenges for “creative place-making” by means of cultural districts is to get

from the assessment of potentials to the outcomes that everyone desires. The San Angelo

Cultural District has so many existing resources that the emerging and potential projects

will serve as both platforms and drivers to provide the resources and conditions for

successful outcomes over time.

SAN ANGELO CULTURAL DISTRICT RESOURCES AND NEEDS 2012

Existing Emerging Potential Needs

• Fort Concho

• SAMFA

• WPA Pool

• Railway/Depot

• Paseo de

Santa Angela

• Pavilions

• Old Town

District

• Visitor Center

• Transportation

Center

• River Stage

• Galleries

• Woodworks

• Gunsmith

• Restaurant

• UCRA

• ASU Ceramic

Studio

• City Plans

• VIP Plan

• Downtown

Success

• Health

Foundation

• ASU and

Howard

College

• Library

• Old Chicken

Farm Art

Center

• Cultural

District

• North

Concho

River

Project

• Several

Historic

District

Studies

• PAC

• Neighborhood

Associations

• History San

Angelo

• Barrow

Foundation

• Shared

Collections

Space

• Heritage

Crafts

• Nature Center

• Junior League

• Asian Cultural

Center

• West Texas

Music Hall of

Fame

• Fire Memorial

• Art in

Uncommon

Places

• Contemporary

Art Center

• Live/work

studios

• City-wide

events and

programs

• Food trucks

• Community

Gardens

• Bike rentals

• Unified Vision

• Wayfinding

• Marketing

• Sidewalks

• Transportation

• Food and

Lodging

• Beautification

• Preservation

• Incentives

• Funding

• Capacity

Building



TIMELINE FOR DEVELOPMENT

Time and Effort ~ Effort Over Time San Angelo has evolved in many positive ways since the R/UDAT study was completed in

1992 to focus on what has come to be known as the Historic City Center. Growth of

community resources, expanded and refined plans by the City of San Angelo, major

investments in business and cultural organizations, and an historic preservation ethic have

paved the way for this new effort in the Cultural District, which will complement the

existing Downtown District. Many variables will affect the pace of development for the

Cultural District, including:

• Strength and clarity of the Cultural District plans and organization

• Levels of funding/cooperation/collaboration provided by the City of San Angelo

and the many stakeholders and resource providers

• Strength, viability and creativity of the existing and potential cultural organizations

and businesses

• Continuing interest by property owners, neighbors, artists, and business investors

• Annual and periodic review and evaluation of progress towards goals

• Vision, passion and commitment from all stakeholders.

Suggested Short Term Goals (One to Three Years)

• Cultural District Strategic Plan completed, with annual progress update

• Expanded stakeholders involvement including more neighborhood residents,

property owners and funders

• Regular updates to City Strategic and Comprehensive Plans

• Designation of new Historic Districts, creation of design guidelines for infill and a

homeowner education program

• Funding obtained to assist cultural organization planning and development

• Initial discussions regarding History San Angelo and the Nature Center

• Funding obtained to implement Wayfinding plans, repair for the Oakes Street

Bridge, and installation of a traffic light at Koenigheim and Avenue B

• Presentations to City Council, Historic Preservation Commission, Planning

Commission, San Angelo Development Corporation, Chamber of Commerce,

Convention and Visitors Bureau, potential funders and investors to report progress

and to educate and build support

• Incubation and launch of new initiatives and ideas

Mid Term Goals (Four to Six Years)

• Annual updates to the Cultural District Strategic Plan and active implementation

• Emphasis on business recruiting, neighborhood improvement and beautification,

and accelerated development of cultural organizations with cooperative

programming for events and projects both within and outside the District

• Establish History San Angelo and its zoological equivalent and facilitate

negotiations with the City, Fort Concho and HOSFD for contract operations



Long Term Goals (Seven to Ten Years and Beyond)

• Well-established Cultural District coordination and continued involvement of

stakeholders along with evaluations of progress in first decade

• Evidence of appropriately scaled cultural/commercial infill in the core of the

District

• Live/work spaces established and occupied

• History San Angelo well established and capitalized

• Construction of Nature Center on the River and redevelopment of other riverside

property

• Other new cultural organizations become established in the Cultural District

CONCLUSIONS

The San Angelo Cultural District contains within it all of the initial assets and resources

needed to begin the pursuit of its long term goals:

• A vision for a historically significant, authentic, and engaging interpretation of San

Angelo’s history via Fort Concho, the Depot, and other additions

• Revitalization of historic neighborhoods to benefit the people who live there

• Creation of a vibrant artistic culture including historic and contemporary arts,

crafts, and performing arts in multiple venues including SAMFA

• Concentration of artistic, educational, residential, and recreational activities in a

distinctive location that is complementary to the Downtown District as part of the

Historic City Center

• Redevelopment of the core to include food service, retail and other businesses

• A welcoming environment that contributes to the success and attractiveness of

San Angelo as a community to in which to live and to visit.

Support and encouragement by the City of San Angelo and local, regional and national

funding sources, matched with the enthusiastic involvement of the community and

Steering Committee will allow the goals to be achieved in the next decade. The San

Angelo Cultural District has the potential to be one of the best if not “the” best in Texas.

Our team met dozens of “can-do” people representing a diverse community with many

common goals for the future of the Cultural District. We wish you the very best for

success.



Appendix I - Consultant Biographies

Arthur H. Wolf, Principal of WOLF Consulting dedicated his first career to

curatorial and institutional leadership at important regional museums in the

Western U.S. including the Museum of the Rockies and The High Desert

Museum. He was deeply involved in all aspects of planning, collecting,

interpreting, fund raising and building high quality facilities known for their

excellence and accessibility to audiences of all cultures and ages. In 2004 he

founded WOLF Consulting to help museums and other cultural

organizations better define and achieve their missions.

Mr. Wolf’s broad experience in service to the museum profession includes a term on the American

Association of Museums Board of Directors (Vice-Chair) and the Board of ICOM-US, which serves

as America’s national committee for the International Council of Museums. He also served on the

AAM Accreditation Commission, where he participated in the review of nearly 850 institutions.

Art has been a frequent reviewer and panelist for both government and private foundation grant

programs, and he has been active on steering committees and planning efforts for community

projects throughout the West.

Mr. Wolf was the Director of the Nevada State Museum and Historical Society and the founding

Director of the National Atomic Testing Museum. He was co-founder of the Nevada Museums

Association and is a past president. He is currently Chairman of the Board of Trustees of the

Desert Wetlands Conservancy and a mentor to two generations of museum workers.

Irene T. (Mimi) Quintanilla, Principal, Quintanilla Schmidt Consulting has

over thirty years of experience in governance, strategic planning and

collaboration, administration, management, public programming, and

audience development. She has developed programs using technology and

the environment to engage multi-generational audiences in experiences that

broadly interpret collections and the environment through science, art,

history, and technology. She is an experienced grant reviewer, has completed

assessments and analyses for the public dimension and accreditation of

museums, and has served as an evaluator for projects for parks and historic sites.

Mimi has served on the board and executive committees of numerous professional and

community associations and organizations including the Smithsonian Council, the National

Museum of American History Latino Initiatives Advisory Board, the National Council for History

Education (NCHE), the Texas Association of Museums, the Association of Science and Technology

Centers Diversity and Equity Committee, and the American Association of Museums. In her home

community she has served as Chair of the River Road Neighborhood Association, and on the

boards of the International Accordion Festival, the Urban 15 Arts Group, and as Co-Chair of the

Cultural Alliance of San Antonio. Mimi was appointed to serve on the Midtown-Brackenridge TIRZ

Planning Team, the CPPW--Active Living Council, the San Antonio River Authority River Oversight

Committee, and was a mayoral appointee The Cultural Collaborative of San Antonio.



Phillip Collins is the Executive Director of the Memnosyne Foundation whose

mission is to empower and inspire people from all walks of life to become

conscious cultural creators in a global world through sharing and enrichment of all

knowledge.

Collins is the former Chief Curator at the African American Museum in Dallas, Texas. As a public

servant, Collins has served as juror for art competitions statewide and nationally, and has served

on numerous boards and committees for cultural institutions with a focus on the visual arts,

cultural diversity, and arts education. Currently Collins serves as Commissioner At Large and Chair

of the Public Arts Committee for the City of Dallas Office of Cultural Affairs.

Douglas Harman has a background in local government management, tourism

marketing and heritage exhibits. He served as city manager of Alexandria, Virginia

and Fort Worth, Texas. For seventeen years, Harman headed the Fort Worth

Convention and Visitors Bureau. Over the past twenty years, he has been involved

in cultural district planning and development and destination marketing. As former

chair of the Texas Historical Commission's Lakes Trail Regional Program, he has focused on cattle

trail and Native American heritage. Over the past several years, he has consulted with a number of

Texas communities on tourism development. He is a resident of Fort Worth where he is actively

involved with heritage tourism projects and programs, including the daily Cattle Drive in the

Historic Stockyards and the Tarrant County Historical Commission.

Calvin Smith is the Executive Director of the Western Heritage Museum Complex

in Hobbs, New Mexico. He has over forty-five years of experience with museums

in almost all phases of research, planning, design, construction, accessioning,

exhibits, marketing, education, administration and development. He has played

the role of a trailblazer for many museums, often serving as their first curator or

director. He served as the Director of the Strecker Museum and Chairman of the Department of

Museum Studies at Baylor University and retired as the Director of the Mayborn Museum

Complex. After a short time of private consulting, Calvin came out of retirement to develop

Western Heritage Museum Complex.

Gary N. Smith is the President of Dallas Heritage Village at Old City Park in Dallas

and an Adjunct Faculty member for the Baylor University Museum Studies Program.

He has more than 35 years of wide-ranging experience in collections, exhibits, and

education and administration. At Dallas Heritage Village Smith is responsible for

leading efforts to introduce living history methods to the museum’s visitor

experience. He specializes in forming long lasting partnerships with area corporations,

foundations, city agencies, neighborhood associations, volunteer groups and other museums to

further the work of the museum. He has served as a consultant to other museums for strategic

planning, governance, visitor services and interpretation, and budget planning.



Appendix II – Stakeholders Stakeholders Organization

Marilyn Aboussie San Angelo Health Foundation

Paul Alexander San Angelo City Council

Sam Allen San Angelo Chamber of Commerce

Clinton Bailey City of San Angelo Streets Department

Mike Boyd San Angelo Health Foundation

Bob Bluthardt City of San Angelo-Fort Concho Nat'l Historic Landmark

Chuck Brown Upper Colorado River Authority

Alejandro Castellon Galleries & Studios

Erlina Cline Asian American Women's Association

Jim Coffey Educational Service Center, Region 15

Michael Dane City of San Angelo Finance Department

Tom Early San Angelo Health Foundation

Suzan Gargan Junior League of San Angelo

Elizabeth Grindstaff Assistant City Manager

Sande Harrison San Angelo Health Foundation

Clara Harvey Neighborhood Representative

Barbara Hesse Historic San Angelo Inc.

Sid Holmes W.T.M.H.O.F.

Shawn Lewis City of San Angelo Planning Department

Kathryn Louie Asian American Women's Association

David Lupton San Angelo Health Foundation

Pamela Miller

Vice President of Convention & Visitors

Bureau

Phil Neighbors President San Angelo Chamber of Commerce

Season Neurcere Galleries & Studios

Alvin New City of San Angelo Mayor

Rose Ng Asian American Women's Association

Robert Patyrak San Angelo Health Foundation

Julie Raymond Galleries & Studios

Joann Rice San Angelo Health Foundation

Johnny Silvas San Angelo City Council

Howard Taylor (chair) San Angelo Museum of Fine Arts

Rick Weise (co-chair) City of San Angelo Assistant City Manager

Carl White City of San Angelo Parks Department

Daniel Wilde Barrow Foundation

Joe Williamson San Angelo Health Foundation

Anthony Wilson City of San Angelo Civic Events

David Wood Historic Santa Fe Orient Depot

Christy Youker Upper Colorado River Authority



Additional Interviewees Organization

Roger Allen Chicken Farm Art Center

Lori Barton Principal Fort Concho Elementary

Jennifer Boggs Community Development Initiatives (ASU)

Kagen Box ASU Student/SAMFA Intern

Patricia Bright Neighborhood Representative

Tom Bright Neighborhood Representative

Le Ann Byrd Howard College

Mario Castillo The Aegis Group, Ltd.

Jim Cummings Development Corporation

Jeff DeLoache Standard-Times

April Garner Tx. Heritage Tourism Prog. State Coordinator

Brenda Gunter Downtown San Angelo Inc.

Gregorio Gutierrez Conexion San Angelo

Jim Hartell Historic Santa Fe Orient Depot

Craig Kinney Local Architect

Matt Lewis San Angelo Area Foundation

Daniel Makins San Angelo Cultural Affairs Council

Jim Bob McMillan Texas Commission on the Arts Deputy Director

Joan Mertz Gallery Owner

Daniel Peterson ASU Student/SAMFA Intern

Lee Pfluger Downtown Property Owner

Sean Scott Concho Valley Transit District-Transportation Director

Genora Young Downtown San Angelo Inc.



Appendix III – Web Links City of San Angelo Planning Documents

LIST OF ALL AVAILABLE CITY PLANNING DOCUMENTS

http://www.sanangelotexas.us/index.asp?Type=B_BASIC&SEC={4859D86C-7C70-476B-B1A7-

7A82163C909D}

Historic Resources Survey Phase II – 2011

http://www.sanangelotexas.us/vertical/Sites/%7BBD27ED61-E710-4F56-8954-

CC319F012B3D%7D/uploads/Phase_II_Survey_Report(1).pdf

Visionaries in Preservation Plan


CC319F012B3D%7D/uploads/%7BBFC8E55E-AB23-4E7B-B4C7-07B5BEC07945%7D.PDF

DOWNTOWN MASTER PLAN DRAFT

Downtown Development Masterplan (Proposed):


CC319F012B3D%7D/uploads/proposed_downtown_plan_presented_012312.pdf

COMPREHENSIVE PLAN

Link to the Table of Contents for our Comprehensive Plan

http://www.sanangelotexas.us/index.asp?Type=B_BASIC&SEC={4CFD6675-4DD5-4639-BC35-

2892335DC2E3}

Downtown Vision Map


CC319F012B3D%7D/uploads/%7BEAB4B6FA-D10C-481A-978F-F744025A56F3%7D.PDF

Concho Riverfront Entertainment District Recommendations; Page 2 on the link below

(http://www.sanangelotexas.us/vertical/Sites/%7BBD27ED61-E710-4F56-8954-

CC319F012B3D%7D/uploads/%7BE7BE5BC4-A25E-466C-B124-9185FA00D094%7D.PDF

Downtown Recommendations/Goals; Pages 2 and 3 on the link below


CC319F012B3D%7D/uploads/%7B6BA6691B-7B55-4A2D-A4E8-14F52AD681ED%7D.PDF

Downtown Incentives Recommendations


CC319F012B3D%7D/uploads/%7B85FC6D99-0798-4DBE-B8CD-4B91074AFCBB%7D.PDF

City of San Angelo GIS Maps http://gis.sanangelotexas.us/

City of San Angelo Demographics http://quickfacts.census.gov/qfd/states/48/4864472.html



Texas Commission on the Arts –Cultural Districts http://www.arts.state.tx.us/index.php?option=com_content&view=article&id=83&Itemid=102

Comparable cultural districts:

San Antonio – King William Cultural Arts District

http://kingwilliamculturalartsdistrict.com/

Huntsville Cultural District

http://huntsvilleculturaldistrict.com/about/

Lubbock Cultural District

http://lubbockculturaldistrict.org/index.php

San Angelo Cultural District http://sanangeloculturaldistrict.org/

Fort Concho National Historic Landmark http://www.fortconcho.com/

San Angelo Museum of Fine Arts http://www.samfa.org

San Angelo Nature Center http://www.sanangelotexas.us/index.asp?Type=B_BASIC&SEC={00031FE3-CDFA-4F45-A7FE-

06E279DEB6DA}

Barrow Foundation Museum http://www.museumsusa.org/museums/info/1167645

Railway Museum of San Angelo

http://railwaymuseumsanangelo.homestead.com/

San Angelo Cultural Affairs Council http://www.sanangeloarts.com/articles/view/home-4e25da9b-b948-4296-a47f-07e89bf0d2c8

San Angelo Health Foundation

http://www.sahfoundation.org/

San Angelo Chamber of Commerce www.visitsanangelo.org

San Angelo Vacations, Tourism and San Angelo, Texas Travel Reviews – TripAdvisor

http://www.tripadvisor.com/Tourism-g56609-San_Angelo_Texas-Vacations.html

http://www.tripadvisor.com/Attractions-g56609-Activities-San_Angelo_Texas.html

City of San Angelo

Memo Meeting Date: January 22, 2013

To: Mayor and Council members

From: AJ Fawver, AICP Planning Manager

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

Location: First of two required public comment periods for an area

encompassing an 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sam's Club Addition in the southwest part of the city, as shown in attached exhibit

Contacts: AJ Fawver, AICP Planning Manager 657-4210

Caption: Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sam's Club Addition

Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes.

By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that may be completed as early as February 19, 2013.

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

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

annexation calendar (no special meetings needed) first public hearing January 8, 2013 held - no comments second public hearing January 22, 2013 introduce annexation February 5, 2013 ordinance, on first reading second and final reading February 19, 2013 of annexation ordinance

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

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

This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It

appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area, a network of water and sewer mains, available for extension, are in existence. These were extended and tied into during the process of developing The Boulevard subdivision. Financial Impact: not applicable, yet Recommendation: N/A Attachments: legal description as provided by the applicant, of the proposed

area survey map as provided by the applicant petition as submitted to City staff Presentation: AJ Fawver, AICP, Planning Manager Publication: A legal notice was required for this and the next public hearing

(on January 22nd) of this item. This notice was published in accordance with the Texas Local Government Code, on December 22nd, and again on January 11th.

City Council January 22, 2013

Annexation • Second public hearing of comments for and against annexation

of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 8.995 acre tract extending northwest from Mills Pass Drive, and located east of the Community of Faith subdivision and southwest of the Sam's Club Addition

Petition for Annexation

Background • This area is immediately adjacent to a residential

subdivision, known as the Prestonwood Addition; • This addition was annexed to th city in 2008; • This addition contains both traditional single-family

residences and zero lot line homes;

• Adopted schedule: • First public hearing: January 8, 2013 • Second public hearing: January 22, 2013 • Introduction of ordinance: February 5, 2013 • Final reading of ordinance: February 19, 2013

Annexation • First Public Hearing and consideration of an Ordinance

annexing approximately 20 acres located west/southwest of San Angelo’s city limits, encompassing a vacant area located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail, beginning at a point along San Angelo’s existing city limits line, said point begins approximately 271 feet southwest of the intersection of U.S. Highway 67 (Sherwood Way) and Appaloosa Trail, which extends along San Angelo’s existing city limits for approximately 600 feet, including an area of 20 acres south of the intersection of San Angelo’s existing city limits line and North US Highway 277

Chronology Action Date

12/04/12 Presented petition to Council; was accepted unanimously 12/18/12 First hearing for public comment 01/08/13 Second hearing for public comment 01/22/13 Introduction of ordinance to annex 02/05/13 Second reading of ordinance to annex

Analysis • Caution in annexation advised in Comprehensive Plan:

• "Rapid land use expansion and recent annexations

have affected the identity of the City and established a new development pattern that is fiscally unsustainable.“

• Using the annexation tool too liberally creates pockets of land throughout the city that fall into disuse and lead to other issues

Plan’s Guidance for Annexation • the City should "annex areas before extensive

development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction.“

• The area is vacant, and thus, no such development is in place;

• Not an argument that all vacant property should be annexed;

Plan’s Guidance for Annexation • Subdivision Ordinance requires that development that seeks to

utilize San Angelo's water service petition for annexation before such service can be extended;

• Appears 20 acre tract was created specifically to pursue annexation in order to develop – in context that it is under same ownership;

• "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...".

Plan’s Guidance for Annexation • Current development, created when platting the property,

now embraced within The Boulevard subdivision, created in summer 2011;

• Plat contains an important piece: Appaloosa Trail extension;

• Minor collector street planned long-term in the Thoroughfare Plan to eventually provide a vital connection;

• For now, the only lateral routes of significant carrying ability connecting these two segments of the city are FM 2288/Southland Boulevard and Sherwood Way/US Hwy 67.

Plan’s Guidance for Annexation • A network of water and sewer mains, available for extension,

are in existence; • These were extended and tied into during the process of

developing The Boulevard subdivision;

Additional Information • As required, notifications sent to ISD, VFD, utility

companies, and County – no responses; • Not required, but completed, notifications sent to PD,

FD, Water, Parks, Development-related divisions – no responses;

• Main effect of this annexation – maintenance & other services provided to the area;

• No capital improvements deemed necessary at this time or in immediate future;

City of San Angelo

Memo Meeting Date: January 22, 2013

To: Mayor and Council members

From: AJ Fawver, AICP Planning Manager

Subject: ordinance for introduction to City Council at meeting on 01-22-2013 and possibly followed by second reading on 02-05-2013, annexing approximately 20 acres located southwest of San Angelo’s existing city limits

Location: A 20.00 acre tract located at the southern corner of the

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

Contacts: AJ Fawver, AICP Planning Manager 657-4210

Caption: First Public Hearing and consideration of an Ordinance annexing approximately 20 acres located west/southwest of San Angelo’s existing city limits, encompassing a vacant area located at the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail, beginning at a point along San Angelo’s existing city limits line, said point begins approximately 271 feet southwest of the intersection of U.S. Highway 67 (Sherwood Way) and Appaloosa Trail, which extends along San Angelo’s existing city limits for approximately 600 feet, including an area of 20 acres south of the intersection of San Angelo’s existing city limits line and North US Highway 277

Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to an apartment development currently undergoing construction, and located on a property under the same ownership as that under discussion. By accepting the petition and adopting the calendar of annexation proceedings below, as prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that may be completed as early as February 5, 2013. annexation calendar (no special meetings needed) first public hearing December 18, 2012 - held, no comments given second public hearing January 8, 2013 - held, no comments given introduce annexation January 22, 2013 ordinance, on first reading second and final reading February 5, 2013

of annexation ordinance

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

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

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

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

This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is

vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". Another important consideration of this specific location is the fact that the current development, created when platting the property, now embraced within The Boulevard subdivision, created in summer 2011. When this plat was drafted and approved, it contained a particularly important piece for the southwest part of San Angelo: the dedication of a piece of Appaloosa Trail, a minor collector street planned long-term in the Thoroughfare Plan to eventually provide a connection from the developing areas just west of the intersection of FM 2288 and Sherwood Way to the emerging neighborhood south of Southland Boulevard and looping back northeast along Pinon Ridge and Oak Grove Boulevard, eventually connecting to Houston Harte Expressway. For now, the only lateral routes of significant carrying ability connecting these two segments of the city are FM 2288/Southland Boulevard and Sherwood Way/US Hwy 67. Development along this area would result in future segments of Appaloosa Trail being pieced together, though this is clearly a very long-term endeavor. The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area, a network of water and sewer mains, available for extension, are in existence. These were extended and tied into during the process of developing The Boulevard subdivision.

Additional Information: Notification of and request for feedback regarding this proposed annexation was made to:

• San Angelo ISD; • Dove Creek VFD; • Tom Green County; • Atmos Energy; • Suddenlink Communication; • AEP Texas; • Trashaway Services; and • Verizon.

No responses were received from these parties.

Notification of and request for feedback regarding this proposed annexation was made to many internal groups, including the Police, Fire, Water Utilities, Parks, and the Community & Economic Development departments. No comments were received from these parties. The city's obligation to this area, if annexed, is outlined in the attached Service Plan, required as preparation of an annexation ordinance. As discussed above, there are a number of water and sewer mains in existence in this area. A fire station exists along Southland Boulevard, to the east of this annexation area. Streets will be improved in accordance with the Subdivision Ordinance, and will be requirements for approval of land subdivision within this area. There are no capital improvements deemed necessary at this time or in the immediate future. In short, this annexation will result many more services provided to the area - namely maintenance - but in relation to the small size of the area, these should be negligible. Financial Impact: not applicable, yet Recommendation: N/A Attachments: map as provided by the applicant, of the proposed area draft survey map as provided by the applicant petition as submitted to City staff Ordinance and Service Plan Presentation: AJ Fawver, AICP, Planning Manager Publication: A legal notice was required for both public hearings of this item.

These notices were published in accordance with the Texas

Local Government Code, on December 7th and December 22nd.

of 5 ANNEXATION SERVICE PLAN for 20.00 acres of land west/southwest of the City at about highway 67 and extension of Appaloosa Trail.

ANNEXATION SERVICE PLAN

FOR APPROXIMATELY 20.00 ACRES OF LAND LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL, OUT OF THE DEAF AND DUMB ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211, ANNEXED INTO THE CITY ON FEBRUARY 5, 2013

SERVICES TO BE RENDERED AS OF THE EFFECTIVE DATE OF ANNEXATION

Pursuant to Section 43.065 of the Texas Local Government Code, each of the below services must be provided on the effective date of annexation of the area (“Area”):

1. POLICE PROTECTION

A. Existing Services: Currently, the Area is under the jurisdiction of Tom Green County Sheriff's Office.

B. Services to be Provided: The City and its Police Department will provide police protection to the newly annexed Area at the same or similar level of service now being provided to other areas of the City and will extend regular and routine patrols to the Area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation.

2. FIRE PROTECTION

A. Existing Services: Currently, the Area is under the jurisdiction of Dove Creek Volunteer Fire Department.

B. Services to be Provided: The City of San Angelo Fire Department will provide fire prevention and suppression services to the newly annexed Area at the same or similar level of service now being provided to other areas of the City. It is anticipated that the implementation of these services can be effectively accommodated within the current budget and staff appropriation.

3. EMERGENCY MEDICAL SERVICES

A. Existing Services: Currently, the Area is under the jurisdiction of the City of San Angelo Fire Department and the emergency medical services provided are at a comparable level of service to that within the corporate limits of the City.

B. The City of San Angelo Fire Department will continue to provide emergency medical services to the newly annexed Area at the same or similar level of service


now being provided to other areas of the City. The City is not aware that the annexation of this property will change or impact emergency medical services currently provided to the Area by the City of San Angelo Fire Department.

4. SOLID WASTE COLLECTION

A. Existing Services: Currently, there are no residences or commercial endeavors located in the Area and therefore there is no existing solid waste collection service activity in the Area.

B. Services to be Provided: The City contracts with Trashaway for collection of solid waste and refuse within the corporate limits of the City. Upon compliance with all City ordinances, policies, and regulations, solid waste collection will be provided to residents in the newly annexed Area at the same level now being provided to other areas of the City with similar topography, land use and population within the City to the extent that the City’s contractor has access to the Area to be serviced.

5. BUILDING INSPECTION

A. Existing Services: None.

B. Services to be Provided: The City will provide code enforcement services upon annexation of the Area in accordance with the City’s Code of Ordinances and other Codes adopted by the City. This includes issuing building permits for any construction and remodeling, and enforcing all other applicable codes which regulate building construction within the City. It is anticipated that these services can be effectively accommodated within the current budget and staff appropriation.

6. PLANNING AND ZONING


B. Services to be Provided: The City Council, the Planning Commission, and City staff regulate development and land use through the administration of the City’s Code of Ordinances which will extend to the newly annexed Area on the effective date of the annexation. It is anticipated these services can be effectively accommodated within the current budget and staff appropriation.

7. FLOODPLAIN MANAGEMENT


B. Services to be Provided: The Engineering Services Division provides floodplain management services, and these services will extend to the newly annexed Area on


the effective date of the annexation. These services can be effectively accommodated within the current budget and staff appropriation.

8. ANIMAL CONTROL


B. Services to be Provided: The City and its Animal Services Division will provide animal control services to the newly annexed Area at the same or similar level of service now being provided to other areas of the City. It is anticipated that these services can be effectively accommodated within the current budget and staff appropriation.

9. NUISANCE CONTROL

A. Existing Services: Currently the Area is under the jurisdiction of the Tom Green County Sheriff’s Office which may be able to address some nuisance issues.

B. Services to be Provided: The City by its various departments and divisions, will provide nuisance control services through the administration of the City’s Code of Ordinances to the newly annexed Area at the same or similar level of service now being provided to other areas of the City with similar topography, land use and population as that within the newly annexed Area. It is anticipated that the implementation of nuisance control services can be effectively accommodated within the current budget and staff appropriation.

10. WATER SERVICES

A. Existing Services: The Area is outside a service district.

B. Services to be Provided: Water utility service to the Area will be provided in accordance with applicable City codes, ordinances and policies.

11. SANITARY SEWER SERVICES


B. Services to be Provided: The City sewer service network may be connected to or extended to the Area, subject to the City’s Subdivision Ordinance. Sanitary serwer services to the Area will be provided in accordance with applicable City codes, ordinances, and policies.

12. MAINTENANCE OF WATER AND WASTEWATER FACILITIES



B. Services to be Provided: In the event water and wastewater facilities are constructed in the Area, the City will maintain such facilities to the same extent and degree that it maintains such facilities in other areas of the City with similar topography, land use and population as that within the newly annexed Area.

13. MAINTENANCE OF ROADS AND STREETS

A. Existing Services: There are no public roads located in the Area proposed for annexation.

B. Services to be Provided: Upon annexation of the Area, the City will maintain any dedicated public roads and streets to the same extent and degree that it maintains other public roads and streets in the City.

14. MAINTENANCE OF PARKS, PLAYGROUNDS AND SWIMMING POOLS

A. Existing Services: The City is not aware of the existence of any public parks, playgrounds or public swimming pools now located in the Area proposed for annexation.

B. Services to be Provided: In the event municipal public parks, playgrounds or swimming pools are developed in the Area, the City will maintain such facilities to the same extent and degree that it maintains parks, playgrounds and swimming pools in other similar areas of the City.

15. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY, BUILDING OR MUNICIPAL SERVICE

A. Existing Services: The City is not aware of the existence of any publicly owned facility, building or other municipal service now located in the Area proposed for annexation.

B. Services to be Provided: In the event any other publicly owned facilities, buildings or municipal services do exist, the City will maintain such facilities, buildings or services to the same extent and degree that it maintains publicly owned facilities, buildings or municipal services in the City.

CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS

Section 43.056(e) of the Texas Local Government Code requires that the City include a program under which the City will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the Area. Any capital improvements to be constructed in the area being annexed shall be constructed pursuant to the terms of the City’s Ordinance and policies. No capital improvements


are contemplated or necessary at this time. Upon annexation, this Area will be evaluated periodically by the City. Should the need for capital improvements develop, such projects will be included in the city’s Capital Improvements Plan.

APPROVED AS TO CONTENT APPROVED AS TO FORM

A. J. Fawver, Planning Manager Dan T. Saluri, Sr. Assist. City Atty.

AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 20 ACRES LOCATED WEST/SOUTHWEST OF THE CITY AT ABOUT THE SOUTHERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 67 (SHERWOOD WAY) AND A SOUTHWARD PROJECTION OF APPALOOSA TRAIL, ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY, OUT OF THE DEAF AND DUMB ASYLUMS LANDS SURVEY NO. 2, ABSTRACT NO. 8211; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS OF SAID TERRITORY; DIRECTING THE FILING OF THE ORDINANCE IN THE MANNER REQUIRED BY LAW; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to extend its boundaries and to annex area adjacent and contiguous to its corporate limits; and, WHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners of a tract of land containing 20 acres, more or less, out of the Deaf and Dumb Asylums Lands Survey No. 2, Abstract No. 8211, Tom Green County, Texas, located at about the southern corner of the intersection of U.S. Highway 67 (Sherwood Way) and a southward projection of Appaloosa Trail more fully described in Exhibit “A”, attached hereto and made a part hereof for all purposes (hereinafter the “Area” or “Territory”), have petitioned the City Council in writing to annex the Area into the corporate limits of the City of San Angelo; and, WHEREAS, the Area is (a) one-half mile or less in width; (b) contiguous to the City; and (c) vacant and without residents; and, WHEREAS, the City Council accepted the Petition Requesting Annexation by Area Landowners, and directed Planning staff to proceed with the proposed annexation schedule, at a regularly held meeting of the City Council on December 4, 2012; and, WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services to the Area to be annexed, which service plan is more fully described in Exhibit “B”, attached hereto and made a part hereof for all purposes; and the City of San Angelo is able to provide such services by any of the methods by which the City extends the services to any other area of the City, and,

WHEREAS, the notice, publication, time periods and other procedural requirements of Subchapter C-1 of the Texas Local Government Code have been complied with, including with respect to this annexation that three public hearings have been held at which persons interested in annexation of the Area into the corporate limits of the City were given the opportunity to be heard, the first on December 4th of 2012, the second on December 18th of 2012, and the third on January 8th 2013; and, WHEREAS, the Area and Territory as more particularly described in Exhibit “A” is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and is contiguous with the present boundaries of the City of San Angelo;

NOW, THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO, TEXAS: Section 1. Findings of Fact. All of the above premises are hereby found to be true and correct and are incorporated into the body of this ordinance as if fully set forth. Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto and incorporated herein for all purposes, said Territory lying adjacent to and contiguous with the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of San Angelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous with the Area annexed, are hereby altered, extended and amended so as to include said Area within the corporate limits of the City of San Angelo, Texas. Section 3. Amendment of Boundaries and Official Map of City. The official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned annexed Territory as part of the City of San Angelo, Texas. Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approved and is incorporated herein for all purposes. The City of San Angelo makes an affirmative determination that this service plan provides for services to the annexed Territory which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this Territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed Territory. Section 5. Pro rata Share of Taxes. The annexed Territory being a part of the City of San Angelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo; and, Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexed Territory shall be entitled to the rights and privileges of the other citizens of the City of San Angelo

and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the Voting Registrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of State, and the Texas Comptroller of Public Accounts in the manner required by law. The City Secretary is further directed to notify any service providers of services in the annexed Area and to submit preclearance of the annexation with the United States Department of Justice pursuant to State law and the federal Voting Rights Act. Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption.

INTRODUCED on the 22nd day of January, 2013, and finally PASSED, APPROVED AND

ADOPTED on this the 5th day of February, 2013.

THE CITY OF SAN ANGELO By:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________

Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM

A. J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

EXHIBIT “A” legal description of area encompassed by annexation of land located

northeast of San Angelo, Tom Green County, Texas

EXHIBIT “B”

ANNEXATION SERVICE PLAN

City of San Angelo Finance Department



From: Morgan Trainer, Budget Manager


Contact: Morgan Trainer, Budget Manager 653-6291

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

First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, and grants.

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

• Carryover of MPO Grant Funds • Concho River Improvement Project • Bulletproof Vest Partnership • Website Design 5 year agreement

History: See attached Budget Amendment Request memorandum.

Financial Impact: $1,004,630

(see attached detail on Exhibit A of the Ordinance)

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, ACM/CFO

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR 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 2012-2013 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 22nd day of January, 2013, and APPROVED and ADOPTED on this the 5th day of February, 2013.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, ACM/CFO

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue

Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

103 Intergovernmental Fund 980,630 980,630 0

305 Communications Fund 0 24,000 (24,000)

Sub-Total 980,630 1,004,630 (24,000)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost)

Carryover of MPO Grant Funds

Texas Department of Transportation Planning Grant

352,612 352,612 0

Concho River Improvement Project

Economic Development Initiative Grant 142,500 142,500 0

National Endowment for the Arts Grant 150,000 150,000 0

Upper Colorado River Authority Reimbursement 323,512 323,512 0

Bullet Proof Vest Partnership

Federal Office of Justice Programs Bulletproof Vest Partnership Grant

12,006 12,006 0

Website Redesign 5 year agreement

Communications Fund Balance 0 24,000 (24,000)

Totals 980,630 1,004,630 (24,000)

City of San Angelo Public Information

Memo Date: Jan. 9, 2013


From: Anthony Wilson, Public Information Officer

Subject: Agenda Item for Jan. 22, 2012, Council Meeting

Contact: Anthony Wilson, Public Information Officer, 234-0014

Caption: Regular Item

Consideration of approving a naming rights proposal for the San Angelo soccer complex from Ener-Tel and authorizing the Mayor and/or City Manager to execute the agreement with Ener-Tel and Citywise Marketing.

Summary: Staff proposes selling the naming rights to the Glenna Street soccer complex, which the City leases from the U.S. Army Corps of Engineers, in an effort to underwrite a fraction of the estimated $100,000 the City spends annually maintaining the complex’s playing fields.

History: On Feb. 1, 2000, the City executed its most recent lease with the U.S. Army Corps of Engineers for the use of the soccer fields at 1601 Glenna, a 25-year agreement in which the City pays the Corps nothing.

On Feb. 3, 1998, the City executed its most recent lease with the San Angelo Soccer Association for the use of the fields, a 20-year extension in which SASA pays the City $1 per year.

The City provides all the mowing, trimming, fertilizing, applying of pesticides, repairing of irrigations systems, etc. at the soccer complex. SASA pays for water and electricity, along with any needed building and fence maintenance. Parks Superintendent Roger Havlak estimates the annual expense to the City is $100,000 to $120,000, which is funded with the half-cent sales tax through the City of San Angelo Development Corp.

On June 14, 2012, the City received permission from the Corps to sell the naming rights to and advertising at the complex. Shortly afterward, Public Information Officer Anthony Wilson and Citywise Marketing President Stephen McLaughlin presented the proposal to the SASA board, which voiced support for the effort.

The City was later alerted that the SASA board was having reservations. Wilson, Parks and Recreation Director Carl White, Assistant City Manager Rick Weise and Councilman Dwain Morrison met with SASA’s executive board on Dec. 10 in an effort to resolve any concerns. The Public Information Officer followed up with SASA board member Jerry Merrill, providing the SASA board information about the financial relationship, including agreements regarding advertising, with two youth leagues that play at Texas Bank Sports Complex. The PIO asked that if the SASA board had a response or proposal for staff to consider to please send that by Jan. 11. As of the updating of this memo, that has not been received.

After diligently marketing the naming rights, Citywise has concluded that Ener-Tel offers the best naming rights sponsorship package. Ener-Tel has offered to pay $6,100 per year for five years ($30,500 total) plus provide $1,500 per year in wi-fi coverage for the entire complex and either wi-fi or wired Internet for the San Angelo Soccer Association’s office, whichever it prefers. Ener-Tel’s freeWAVE

high-speed wi-fi, which is available at several City properties, including the McNease Convention Center and Foster Communications Coliseum, would be available for free to end users.

The total package of cash and in-kind service would total $7,600 per year; over the course of the five-year term, that would equate to a total of $38,000.

The City Council on Nov. 6, 2012, approved the rezoning of the property as a Planned Development District, which would allow the erection of three naming rights signs along the complex’s three-quarter-mile frontage to Glenna Street.

Financial Impact: Parks receives $258,453 in fiscal year 2012-13 from the COSADC to maintain the following athletic fields: the soccer complex and La Liga’s soccer fields; Northern, Western and Lake View Little Leagues; the East 29th Street complex; and the Ben Ficklin complex. Since reducing the amount of maintenance at the East 29th and Ben Ficklin complexes, Parks Superintendent Roger Havlak says the subsidy now covers the City’s costs. Havlak estimates the soccer fields’ maintenance costs at $100,000 to $120,000 annually. The sale of naming rights and advertising would allow the City to recoup a fraction of those costs. Ener-Tel’s offer is for $6,100 cash and $1,500 in free Internet service annually for five years – a total package of $38,000. By comparison, Texas Bank’s agreement for the sports complex was for $10,000 annually for six years; that contract expires in 2015.

Related Vision Item

(if applicable):

N/A


The Council has approved naming rights agreements for Texas Bank Sports Complex, Foster Communications Coliseum and Love Municipal Pool. Staff recommends approval of this agreement with Ener-Tel. In all instances, naming rights sponsorships are meant to ease the burden on the tax-paying public, which furthers the goal of reducing the property tax rate, and to support a desired level of service. This is especially important in Parks Operations, where budget cuts have led to less park maintenance.

Attachments: Naming Rights Draft Contract with Ener-Tel Soccer Complex Contract with Corps Soccer Complex Contract with SASA Naming Rights Corps Approval Letter Soccer Complex PDD Approval Letter Naming Rights Policy

Presentation: PowerPoint

Publication: N/A


Carl White, Parks and Recreation Director, Jan. 9, 2012

Approved by Legal: Yes

City Council Jan. 22, 2012

Soccer Complex Naming Rights • City leases property at 1601 Glenna from Corps of

Engineers for public use at no cost.

• SASA leases property from City for soccer complex for $1/year.

• SASA pays for water and electricity, building and fence maintenance.

• City mows, trims, fertilizes, repairs irrigation, applies pesticides at est. annual cost of $100K - $120K.

Soccer Complex Naming Rights • Parks Ops receives $258,453 from COSADC to

maintain athletic fields. Parks Superintendent says that covers costs.

• June 14, 2012, Corps grants City rights to sell naming rights to and advertising in soccer complex.

• Ener-Tel offering $6,100 cash/year + $1,500/year in wifi for complex, and wifi or wired Internet for SASA offices. 5-year package worth $38K. Facility would be known as the Ener-Tel Soccer Complex.

Soccer Complex Naming Rights • Council rezoned property as PDD on Nov. 6, 2012,

allowing for three signs along ¾-mile frontage along Glenna.

• Citywise Marketing has offered to assist SASA with selling its own advertising at the complex.

• City officials met with SASA board members Dec. 10 to discuss any concerns. Follow-up info sent couple of days later.

Soccer Complex Naming Rights • Staff recommends approval.

• Naming rights sponsorships ease the burden on

taxpayers – furthering the goal of tax rate reduction – and support desired levels of service.

• Questions?

NAMING RIGHTS AGREEMENT CITY OF SAN ANGELO SOCCER COMPLEX

This Naming Rights Agreement (“Agreement”) is entered into as of ________________, 2012, by and among (“Sponsor”), a , and the City of San Angelo, in Tom Green County, State of Texas, a home rule municipal corporation and tenant of the subject premises, (“City”) by and through its authorized agent, Citywise Marketing, LLC, (“Company”), with the approval and concurrence of the U.S. Department of Defense, Department of the Army, Fort Worth District, Corps of Engineers, owner of the subject premises, and the San Angelo Soccer Association, sub-lessee of the subject premises, for the purposes of contracting for naming rights concerning the City of San Angelo facility known as the San Angelo Soccer Complex (“Soccer Complex”). WHEREAS, City leases from the U.S. Department of Defense, Department of the Army, certain real property located within the corporate limits of the City of San Angelo, Tom Green County, Texas, as more particularly described in Exhibit “A” (“Premises”), for park and recreational purposes; and, WHEREAS, City has leased the Premises to the San Angelo Soccer Association for use and operation of the Premises and facilities for park and recreational purposes for the general use of the public; and,

WHEREAS, City has entered into an Advertising Services Agreement For Sale of Naming Rights Sponsorships with Citywise Marketing, LLC, (Company) and desires to grant certain naming rights for the Soccer Complex to Sponsor and Sponsor desires to acquire said naming rights from City through City’s authorized agent, Company, pursuant to the terms, conditions and covenants herein contained and for the stated consideration: NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the parties agree as follows. 1. Term of Agreement. The term of this Agreement and the certain naming rights granted hereunder shall commence on _________________, 2012 and continue through __________________, 20 (“Expiration Date”) at which time the naming rights granted hereunder shall automatically terminate, 2. Designated Name for Soccer Complex. During the term of this Agreement the designated Soccer Complex name shall be “ Soccer Complex” or such name as may hereafter be designated pursuant to the provisions of paragraph 5(a) of this Agreement (the “Soccer Complex Name”). Company and City agree to use reasonable commercial efforts to identify the Soccer Complex by the Soccer Complex Name in all official documents that include a reference to the soccer complex, such as press releases, directional signage, tickets, brochures, marketing and promotional materials, schedules, letterhead, stationery and promotional items in any form produced or disseminated by or for them during the term of this Agreement. Company and City shall use reasonable commercial efforts to require each person who contracts for the use of the Soccer Complex to refer to and identify the Soccer

Comment [a1]: Dec. 18

Comment [a2]: Ener-Tel

Comment [a3]: Jan. 1, 2013

Comment [a4]: Dec. 31, 2017


Naming Rights Agreement for San Angelo Municipal Soccer Complex; City of San Angelo by Citywise Marketing, LLC and (Sponsor); Page 2

Complex by the Soccer Complex Name in all promotional and advertising materials. Occasional immaterial failures to use the Soccer Complex Name shall not be deemed to be a breach of this Agreement. 3. Consideration. The consideration payable by Sponsor to Company on behalf of City for the naming rights conferred by this Agreement shall be thousand dollars ($ ), payable in annual installments of dollars ($ ) per year over the ( ) year term of this Agreement, the first such payment being, due and payable on or before ________________, 2012 and each successive annual payment due on or before ___________________ of each year thereafter during the full term of this Agreement and any extension thereof. 4. Special Terms. (Intentionally Left Blank) 5. Change of Soccer Complex Name.

(a) Change in Control of _______________________(“Sponsor”). In the event that, during the Term of this Agreement, a single entity, person or group (“Acquirer”) acquires or otherwise owns more than fifty percent (50%) of the voting shares of the Sponsor on a non-diluted basis and elects to change the name of , then Acquirer may request a name change (“Proposed Name Change”), provided that the Proposed Name Change must be a name related to or a proposed corporate name or identity of Acquirer, and provided that there is no event of default by Sponsor or Acquirer on the date on which the Proposed Name Change is submitted by Acquirer. Company and City may, within sixty (60) days after receipt of notice that Acquirer has requested the Proposed Name Change, either accept or reject such Proposed Name Change in their sole discretion. In the event the Proposed Name Change is approved, Acquirer agrees that it will be solely responsible for all costs and expenses that may be incurred by Company or City, or any of City’s affiliated entities, as a result of such change. If the Proposed Name Change is rejected by Company and City then the name shall remain Soccer Complex until the expiration or termination of this Agreement. Acquirer shall not be released from any liability or responsibility imposed by this Agreement.

(b) Limit of One Name Change. The parties hereto acknowledge and agree that a total of only one (1) name change may be allowed pursuant to this Agreement which shall be at the discretion of the City.

6. Placement and Use of Soccer Complex Name / Signage. Subject to the terms of this Agreement, Sponsor shall have exclusive rights to procure, design, and construct signage changing the Soccer Complex name to “ Soccer Complex.” Sponsor shall have the right to procure signage at entrances, gates and within the interior of the Soccer Complex facility. In all cases, the design and infrastructure requirements for signage to be placed on the Soccer Complex facilities by Sponsor, as well as any subsequent proposed modifications by Sponsor concerning signage, shall be subject to City’s prior approval, which shall be at City’s sole discretion.

Comment [a6]: Thirty thousand and five hundred

Comment [a7]: 30,500

Comment [a8]: Six thousand and one hundred

Comment [a9]: $6,100

Comment [a10]: five

Comment [a11]: 5

Comment [a12]: Jan. 31, 2013

Comment [a13]: Jan. 31, 2017






7. Signage/Displays; Costs, Procedures, and Limitations

(a) Costs of all signage and displays produced for installation pursuant to this Agreement shall be paid by Sponsor to Company in advance of the erection, placement or posting of signage.

(b) Company shall be responsible for contracting installation of any and all said signage and displays installed.

(c) All of said signage and displays produced and installed pursuant this Agreement shall remain the sole and exclusive property of the Sponsor.

(d) Said signage and displays installed pursuant to this Agreement shall be removed at the termination of this Agreement or extension thereof at the expense of the Sponsor, unless otherwise agreed in writing between the Sponsor, Company and City. The Sponsor shall restore City property to its condition at the time it received the signage and display, leaving in place any preliminary improvement that may have been completed by City prior to installation, such as electrical extensions, supports, and architectural modifications.

8. Obligations of Sponsor. During the Term of this Agreement, Sponsor shall be responsible, at Sponsor’s sole expense, for the design, construction, purchase and installation of all signage chosen by Sponsor and approved by City. Sponsor shall own and maintain all such signage provided by Sponsor. 9. Obligations of City. During the Term of this Agreement, City shall be responsible for electric utility charges for power as required for any lighted signage installed by Sponsor in all locations at the Soccer Complex pursuant to this Agreement. City agrees that it will construct, print and erect up to a total of _____ directional street signs bearing the ______________________ Soccer Complex name and any associated logo to be placed in appropriate locations in the vicinity of the Soccer Complex and the City of San Angelo. 10. Trademarks and Licensing. Sponsor warrants that it is a licensed user of any trademarks, service marks, trade names and/or logos used in the Soccer Complex Name. Sponsor hereby licenses Company and City to use the Soccer Complex Name and to sublicense others to use the Soccer Complex Name and to subcontract others to manufacture products incorporating or bearing the Soccer Complex Name including but not limited to products for food service, related supplies, soccer complex supplies, furniture, equipment, novelties, souvenirs, publications and other products used in the operation of the Soccer Complex, the promotion of City and the Soccer Complex, and the presentation of any events at the Soccer Complex facility. All such products may be used, consumed, given away, sold or held for sale by Company or City or their agents or sub-licensees. This license shall be an exclusive license to Company and City. Company and City shall not be obliged to pay or to cause any sub-licensee to pay any royalty or other fee to Sponsor with respect to any such use. Company and City agree that all products and/or services offered by City or its sub-licensees that use or contain the Soccer Complex Name shall generally be of a nature and quality commensurate with the nature and quality of the current products and/or services offered by City or its licensees.



11. Reserved Rights for Advertising. Sponsor acknowledges the right of Company and City in their discretion to designate advertisers and authorize advertising at the Soccer Complex facility. 12. Use of Sponsor Name. Sponsor hereby grants to Company and City, during the Term of this Agreement, an exclusive, royalty-free, irrevocable license to use the Soccer Complex Name, any logo designated by Sponsor concerning Soccer Complex, and the goodwill associated therewith in connection with the operation, marketing and promotion of the Soccer Complex, the City of San Angelo, or any of its departments or programs, however, except as otherwise provided in this Naming Rights Agreement, Sponsor retains the exclusive right to use or license or otherwise deal with Sponsor's name. 13. Maintenance and Upkeep. Sponsor shall be responsible for costs associated with purchase, installation (including electrical or structural modifications), and maintenance of any signage installed by Sponsor or on behalf of Sponsor. Sponsor and its designees shall have the right, upon reasonable advance notice, to inspect Sponsor’s Soccer Complex signage as necessary to comply with this paragraph 13. Sponsor shall not be responsible for inspection and maintenance of Soccer Complex. 14. Special Rights of Termination. Notwithstanding anything contained in this Agreement to the contrary, if during the Term of this Agreement City shall permanently cease to utilize the Soccer Complex as a location for recreation and sports activities for any reason, Sponsor shall be free, upon thirty (30) days prior written notices to City and Company, to terminate this Agreement as to the remainder of the Term. It is expressly agreed that the exercise of such termination right will extinguish all of Sponsor’s obligations under this Agreement, except as set forth in the survival provisions of paragraph 17(d), and further provided that the exercise of such special right of termination shall not entitle Sponsor to the refund of any consideration paid up to the date of termination pursuant to the provisions of this Agreement. It is further agreed that Sponsor shall incur no liability to Company or City solely for exercising such right. 15. Right of First Refusal for Additional Naming Rights. If City awards a contract for the design or construction of (or receives voter approval to construct) additional recreational facilities directly adjacent to the Soccer Complex during the Term of this Agreement, before City may sell the naming rights for said recreational facilities to a third party, City shall first offer the naming rights to Sponsor subject to approval of the City Council and on the same terms and conditions as are offered by the third party. Sponsor shall have fourteen (14) days during which to accept said offer (the “Acceptance Period”). If Sponsor does not accept said offer within said Acceptance Period, City shall be free to accept the third-party offer. If City does not enter into an agreement with the third party on substantially the same terms and conditions and close the transaction within one hundred twenty (120) days of expiration of the Acceptance Period, City’s right to sell the naming rights to the third party shall expire and the procedure described in this paragraph 15 shall again be applicable. 16. Extension; Right of First Refusal at End of Term; and Removal of Name.


(a) The parties may agree in writing, subject to approval of the City Council, to extend this Agreement prior to the expiration of the initial term or any subsequent extended term. All rights, conditions and covenants of this Agreement apply to the extended term of this Agreement unless otherwise amended by writing duly executed by all parties.

(b) If Company or City desire to sell naming rights for the Soccer Complex to any third party within sixty (60) days of the expiration of the Term of this Agreement, or any extensions thereof, City shall first offer the naming rights to Sponsor subject to approval of the City Council, and on the same terms and conditions as are offered by the third party. Sponsor shall have fourteen (14) days during which to accept said offer at which time Sponsor’s option rights hereunder shall expire.

(c) If, during the term of this Agreement or any extension thereof, Sponsor elects to remove its name from the Soccer Complex facility, Sponsor shall notify City of such election and coordinate with City the removal of Sponsor’s name from the Soccer Complex facility and any Sponsor signage and restore City property to its condition at the commencement of this Agreement at the sole expense of Sponsor. Such removal of signage shall not discharge Sponsor of any of Sponsor’s obligations under this Agreement.

17. Termination/Remedies.

(a) Failure of Sponsor to Pay Amounts Due. In the event Sponsor fails to pay to Company when due any sum required by this Agreement to be paid, and Sponsor shall fail, for a period of thirty (30) days following receipt of written notice from Company or City specifying such default, to cure such default by payment of the amount due plus interest, compounded daily, at the annual rate of five percent (5%) or the amount required under then current City ordinance, whichever is greater, but in no event an amount of interest exceeding that permitted by law, then Company and City shall have the right to (i) terminate this Agreement upon the expiration of the cure period, (ii) remove immediately any advertising or display signage provided for under this Agreement at the expense of Sponsor, and (iii) assert any and all other remedies which Company or City may have at law or in equity.

(b) Default. A party shall be in default hereunder if any of the following events shall occur (each being an “Event of Default”), provided that nothing in this paragraph 17(b) shall limit the termination rights set forth in paragraph 17(a):

i. Such party fails to perform timely any of its material obligations hereunder and

such default shall continue for a period of thirty (30) days following receipt of written notice from any other party specifying such default. If the default specified in such notice is curable but of a nature such that it cannot be cured through the exercise of reasonable diligence within the thirty (30) day cure period, then such thirty (30) day cure period shall be extended to a period as is reasonable (but in no event more than one hundred eighty (180) days unless the delay is due to force majeure) to cure such default, provided the non-performing party has proceeded at all times and is continuing to proceed in a diligent and reasonable manner to cure;

ii. Such party becomes insolvent, or takes the benefit of any present or future insolvency or bankruptcy statute, or makes a general assignment for the benefit of


creditors, or files a voluntary petition in bankruptcy or a petition or answer seeking an arrangement, reorganization or readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property;

iii. By court order or decree such party is adjudged bankrupt or an order is made approving a petition filed by any of its creditors or by any of its stockholders or partners, seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any law or statute of the United States or any state thereof;

iv. An involuntary petition under any bankruptcy or insolvency law, or an action under present or future insolvency law or statute, is filed against such party and is not dismissed or stayed within sixty (60) days after the filing thereof; or

v. Except as set forth in paragraph 5(a) and paragraph 18 herein, Sponsor sells, conveys, assigns or otherwise transfers rights to Sponsor's name or Soccer Complex Name.

(c) Remedies in the Event of a Default. If any party is in default under paragraph 17(b) beyond applicable grace or cure periods, then any non-defaulting party shall be entitled to terminate this Agreement or seek specific performance, and in any event, may sue for damages or exercise any remedy available to it in applicable law or equity including, without limitation, injunctive relief. In any action under this Agreement, no party shall be liable or responsible under any circumstances for any consequential or punitive damages.

(d) Surviving Provisions. In the event of a termination or expiration of this Agreement for any reason, the parties agree that all provisions that by their meaning or nature are intended to survive termination or expiration shall survive termination or expiration of this Agreement, including but not limited to representations and warranties made under this Agreement and the indemnification provisions set forth in paragraph 27 of this Agreement.

18. Assignment. The rights and obligations of Sponsor under this Agreement may not be assigned by Sponsor without the prior written consent of Company and City, with the consent of the San Angelo City Council which may be withheld in the sole discretion of the Council. In connection with any such permitted assignment, Sponsor shall provide to Company and City sixty (60) days prior written notice of the proposed assignment and shall require the assignee to execute an assignment agreement in such form and content as reasonably acceptable to Company and City. 19. Notices. Unless otherwise specified herein, any notice required or permitted under this Agreement shall be deemed sufficient if given in writing and personally delivered, sent by overnight express delivery service or deposited in the United States mail, postage prepaid, by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or


certified mail (return receipt requested) shall be deemed to be served by close of business on the third business day after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties for purposes herein shall be as follows:

CITY OF SAN ANGELO: City of San Angelo

Attn: City Manager Post Office Box 1751 72 West College Avenue San Angelo, Texas 76902 With a copy to: City Attorney’s Office Post Office Box 1751 72 West College Avenue San Angelo, Texas 76902

CITYWISE MARKETING, LLC (COMPANY): Citywise Marketing, LLC Attn: Stephen McLaughlin, President

929 Turner St. San Angelo, Texas 76902

SPONSOR: Attn: _________________________

______________________________ San Angelo, Texas 769___

20. Authority. Each of the undersigned by the execution hereof warrants that he/she has full power, authority and legal right to enter into this Agreement on behalf of the party for whom he/she is executing this Agreement and to consummate the transactions contemplated hereby. This Agreement has been duly authorized by all requisite action of the directors, shareholders, City Council or appropriate governing body of each party hereto. Upon execution and delivery by each party of this Agreement, it will be a valid and binding obligation of each Party, enforceable in accordance with its terms. 21. Duration of Company’s Authority. Company shall fully retain its authority and all of its rights, duties and obligations pursuant to this Agreement throughout the entire Term of this Agreement and any extension thereof, notwithstanding the expiration or termination of any


agency agreement or other relevant agreement between Company and City, unless otherwise agreed between Company and City in a writing. 22. Governing Law. This Agreement shall be governed by and construed in conformity with the laws of the State of Texas. This Agreement calls for performance in Tom Green County, Texas, wherein jurisdiction and venue for any dispute arising out of or related to this Agreement shall lie exclusively. 23. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but if any provision or the application thereof to any party or circumstance is prohibited by or invalid under applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of such provision to other parties or circumstances. 24. Non-Waiver. No delay or omission of any party to exercise rights or powers under this Agreement shall impair any such right or power or shall be construed to be a waiver of any default. No waiver of any default shall be construed, taken, or held to be a waiver of any other default, or waiver or consent to any further or succeeding default of the same nature. 25. Successors and Assigns. This Agreement and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective legal representatives, heirs, successors, and assigns. 26. Force Majeure. A party hereto is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, or lockout. No party is entitled to terminate this Agreement in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party or parties were timely notified of the likelihood or actual occurrence of an event described in this paragraph 26. 27. INDEMNIFICATION. Sponsor covenants and agrees to FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS Company and the City of San Angelo, Texas, and the officials, officers, employees, representatives, and volunteers of Company and the City, individually or collectively in both their official and private capacities, from and against any and all costs, claims, liens, judgments, harm, damages, losses, expenses, legal fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits, of any kind and nature whatsoever that arise out of, result from, or relate to: (1) Sponsor’s performance of this Agreement; (2) representations or warranties by Sponsor under this Agreement; and, (3) any other act or omission under or in performance of this Agreement by Sponsor, or any owner, officer, director, manager, employee, agent, representative, consultant, contractor, subcontractor,


licensee, or concessionaire of Sponsor, or any other person or entity for whom Sponsor is legally responsible, and their respective owners, officers, managers, employees, directors, agents, and representatives. Sponsor shall promptly notify Company and City in writing of any claim or demand against Company or City, or any official, officer, employee, representative or volunteer of City or Company or Sponsor related to or arising out of Sponsor’s performance or activities under this Agreement. THE SPONSOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS from and against all losses, liabilities, damages (including taxes), and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties) incurred in connection with any action or proceeding threatened or brought against Company or City to the extent that such action or proceeding is based on a claim that any name, logo, signage, written material, or digital or other reproduction provided by Sponsor pursuant to this Agreement and utilized by Company or City or the use or reproduction of any documentation provided by Sponsor infringes any intangible right of a third party, including but not limited to copyright, trademark, trade name or trade secret of any person or entity, which is enforceable under the laws of the State of Texas or of the United States. The provisions of these defense, indemnity, and hold harmless obligations, and any other defense, indemnity, and hold harmless obligation set forth in this Agreement, shall survive the termination of or expiration of this Agreement. 28. Approval by City. Sponsor agrees that this Agreement and all provisions thereof shall be subject to City’s approval at City’s sole discretion. This Agreement shall not be made valid, final and binding unless approved by the San Angelo City Council as indicated by authorized signature of City’s representative below. 29. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and written or oral agreements between them respecting this subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not


fully expressed in this Agreement. CITYWISE MARKETING, LLC , Sponsor BY: ______________________________ BY: ________________________________

Stephen McLaughlin, President __________________________________

(Printed Name)

ITS: ____________ CITY OF SAN ANGELO BY: ___________________________________ Daniel Valenzuela, City Manager APPROVED AS TO CONTENT APPROVED AS TO FORM Anthony Wilson, Public Information Officer Dan T. Saluri, Sr. Assistant City Atty.

City of San Angelo



From: Michael Dane, Assistant City Manager/CFO

Subject: Agenda Item for 1/22/12 Council Meeting

Contact: Michael Dane, 657-4241

Caption: Regular Item

Discussion of water consumption amounts by residential customers

Summary: Staff has pulled water consumption data for residential customers. The usage data is from the month of August.

History: Staff presented consumption data for residential customers from the month of November 2012. At the end of the presentation, Councilman Silvas requested we follow up with consumption data of residential customer usage from the month of August 2012.

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a


n/a n/a

Attachments: n/a

Presentation: Powerpoint

Publication: n/a


Michael Dane, January 11, 2013

Approved by Legal: n/a

City Council Meeting January 22, 2013

Customer Consumption

• August 2012 • Residential Customers • Customer Consumption • Customer Count

Aug 2012 Customer Count Thou gals Customer Count Percent From - To Count

00 - 20 25,371 91.74

21 - 40 1,823 6.59

41 - 60 325 1.17

61 - 80 83 0.30 81 - 100 33 0.12

101 & Above 22 0.08 Total 27,657 100.00

Aug 2012 Customer Count

00 - 20

21 - 40

41 - 60

61 - 80

81 - 100

101 & Above

Aug 2012 Consumption by Range Thou gals Consumption Percent From - To Thou gals Count

00 - 20 170,491 68.89

21 - 40 49,828 20.13

41 - 60 15,558 6.28

61 - 80 5,755 2.33 81 - 100 2,896 1.17

101 & Above 2,976 1.20 Total 247,504 100.00

Aug 2012 Consumption by Range

00 - 20

21 - 40

41 - 60

61 - 80

81 - 100

101 & Above

City Council Meeting January 22, 2013

SNAPS!

A city-wide photography contest

To promote the Public Art Commission and local visual arts

Call for Entries

Exhibition Dates:

May 16—18, 2013

Postmark Deadline: March 1, 2013

Public Art Commission

The City of San Angelo, Texas



























$50, Merit Awards.


May 16-18, 2013


March 1, 2013




City of San Angelo


702 Chadbourne St


Name: _________________________________________

Address: _______________________________________

_______________________________________

E-Mail: ________________________________________

Phone: _________________________________________

List of Entries:

Photo Titles:

1. _____________________________________________

2. _____________________________________________

3. _____________________________________________

4. _____________________________________________

5. _____________________________________________

Calendar of Events:
































$50, Merit Awards.


May 16-18, 2013


March 1, 2013




City of San Angelo


702 Chadbourne St


Name: _________________________________________

Address: _______________________________________

_______________________________________

E-Mail: ________________________________________

Phone: _________________________________________

List of Entries:

Photo Titles:

1. _____________________________________________

2. _____________________________________________

3. _____________________________________________

4. _____________________________________________

5. _____________________________________________

Calendar of Events:






January 22, 2013 Agenda Packet

Documents

Transcript of January 22, 2013 Agenda Packet