City Council April 19, 2011: Agenda packet

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, April 19, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive

THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.

City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. every
day for two weeks beginning on the Thursday after each meeting.

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

I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Proclamation
“Epsilon Sigma Alpha Founders’ Week”, Week of May 2, 2011, to be accepted by Laura Martin,
President of Theta Alpha Chapter #1503-ESA
D. Recognition
“Cheyenne Winters” for her advocacy and involvement in Crime Victims’ Rights Week
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 April 5, 2011 City Council Regular meeting minutes
2. Consideration of approving a residential lease renewal at Lot 114, Group Red Bluff, 3265 Red Bluff
West (Hitt), and authorizing the Water Utilities Director to execute the same
3. Consideration of accepting the Texas Department of Transportation Click It or Ticket Grant in the
amount of $4,000.00 and authorization for the City Manager or his designee to execute said Grant
Agreement and any necessary related documents
4. Consideration of approving a Cooperative Assistance Agreement between the City of San Angelo and
the United States Department of the Interior Bureau of Reclamation authorizing assistance in fencing
critical areas of the Twin Buttes Reservoir and authorizing the Mayor and/or the City Manager to
execute said Agreement and any necessary related documents
City Council Agenda Page 1 of 5 April 19, 2011

5. Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and
execute an Interlocal Agreement with Harris County Department Of Education, which sponsors
Choice Facility Partners, and authorizing the City Manager or his designee to make use of the system
for approved purchases
6. Consideration of authorizing the City Manager to execute a Mutual Aid Agreement between the City
of San Angelo and Goodfellow Air Force Base concerning hazardous material and Weapons of Mass
Destruction
7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-03: Elite Electrical Services
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: lot at southwest corner of South Bryant Boulevard and West
Avenue U in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights
Addition to San Angelo, changing the zoning classification from a Neighborhood Commercial (CN) to
an Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
8. Second Hearing and consideration of adoption of an Ordinance repealing the Miles water rate
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER
RATES BY DELETING THE EXISTING MILES WATER RATE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
9. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for
capital projects and new projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR
NEW PROJECTS, EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED
EXPENSE
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

Meetings be Open, Section §551.071 to receive advice from counsel regarding the City’s redistricting
obligations
Meetings be Open, Section 551.072 to discuss the purchase, sale, exchange, lease, or value of real
property


G. PUBLIC HEARING AND COMMENT

10. Presentation and discussion of matters related to the 2010 Census data and Redistricting:
a. Presentation and discussion of Initial Assessment regarding the need to redistrict the City
Councilmember Districts based on recently issued 2010 Census data
b. Discussion of traditional redistricting criteria and possible adoption of criteria to be utilized by the
City for the 2011 redistricting process
c. Discussion and possible action to adopt redistricting guidelines which control the process and
schedule for the 2011 redistricting
d. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas
adopting criteria for the use in the Redistricting 2011 process; and proving for an effective date
e. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas
establishing guidelines for persons submitting comments and specific redistricting proposals; and
providing for an effective date
(Presentation by City Attorney Lysia H. Bowling and Sydney W. Falk, Jr. of Bickerstaff Heath
Delgado Acosta LLP)
11. Consideration of adopting a Resolution directing publication of notice of intention to issue
combination tax and revenue certificates of obligation
(Presentation by Finance Director Michael Dane)
12. First Public Hearing and consideration of introduction of an Ordinance amending Fire Department
classified positions, specifically Driver position
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE
OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500,
ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION
PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A),
ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED
POSITIONS FOR THE FIRE DEPARTMENT BY DECREASING THE NUMBER OF FIRE
ENGINEER (DRIVER) FROM SIXTY-SIX (66) TO THIRTY-THREE (33), AND INCREASING
THE NUMBER OF FIRE FIGHTER FROM SIXTY-TWO (62) TO NINETY-FIVE (95), SAID
CHANGE TO BE EFFECTIVE ON MAY 3, 2011 AND; PROVIDING FOR SEVERABILITY, AND
PROVIDING EFFECTIVE DATES
(Presentation by Fire Chief Brian Dunn)
13. First Public Hearing and consideration of an Ordinance amending Chapter 12, Exhibit “A” (Zoning
Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-04: Sherri and John Jones, Jr.
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
FOLLOWING PROPERTY, TO WIT: 6005-6007 Knickerbocker Road at southwest corner of Red
Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group
Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General
Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Planning Manager AJ Fawver)


14. First Public Hearing and consideration of an Ordinance amending Chapter 10 (Traffic Control) in the
Code of Ordinances, City of San Angelo
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.100 ENTITLED “PARKING
RESTRICTED IN RESIDENTIAL DISTRICTS,” SECTION 10.1005 ENTITLED “EXCEPTIONS,”
OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, BY AMENDING
SECTION 10.1005 AND ADDING SUBSECTION 10.1005(5) TO THE LIST OF EXCEPTIONS
ALLOWED FROM THE GENERAL PROHIBITION ON PARKING TRAILERS, SEMI-
TRAILERS, POLE TRAILERS, COMMERCIAL VEHICLES, TRUCK TRACTORS AND
RECREATIONAL VEHICLES ON A STREET OR LOT IN A RESIDENTIAL DISTRICT;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Planning Manager AJ Fawver)
15. Discussion and possible action regarding the City’s Affordable Housing Program relative to Target
Neighborhood revitalization efforts
(Requested by Councilmember Adams and Presentation by Neighborhood and Family Services
Director Bob Salas)
16. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related
thereto
(Presentation by Finance Director Michael Dane)
17. Presentation and discussion on the conservation credit portion of the Water Rate Structure
(Presentation by Finance Director Michael Dane and Billing Supervisor Mary Cleveland)
18. Discussion and possible action regarding an architectural and professional services contract (RFQ PD-
01-10) with Wigington Hooker Jeffry for a feasibility study and design development for a future law
enforcement center and authorization for the City Manager to execute said contract
(Presentation by Police Chief Tim Vasquez and Assistant City Manager Elizabeth Grindstaff)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES
19. Consideration to reconsider the Ordinance limiting the number of annual garage sales approved and
adopted by City Council on March 22, 2011 and in accordance to Chapter 1, Section 1.1002 of the
Code of Ordinance
(Requested by Councilmember Morrison)
20. Consideration of matters discussed in Executive/Session, if needed
21. Consideration of authorizing the City Manager or his designee to execute Task Order No. 15, and all
related documents, between the City of San Angelo and KSA Engineers for air service marketing
services in the amount of $62,325 at San Angelo Regional Airport
(Presentation by Airport Director Luis Elguezabal)
execute a Termination of Lease Agreement and release of claim with Skyline Aviation, Inc.
execute a Lease Agreement and related documents with Palm Beach Jet Group, Inc. for property
located at the San Angelo Regional Airport


24. Consideration of Future Agenda Items
25. Consideration of rescheduling or canceling the June 21, 2011 City Council meeting
26. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, April 15, 2011, at 5:30 P.M.

/s/________________________
Alicia Ramirez, City Clerk


PROCLAMATION

WHEREAS, Epsilon Sigma Alpha International was founded in 1929, the first non-collegiate
sorority in America as an organization in which women could learn, grow, and
serve together; and

WHEREAS, Epsilon Sigma Alpha International this year is observing its 78th anniversary as
an organization of international leadership and service with thousands of
members in over 1200 chapters to excel in education, service, and
philanthropy; and

WHEREAS, The women of Epsilon Sigma Alpha International provide 650,000 direct service
hours each year and raise over $10 million each year for charitable causes while
developing their personal skills in management, public relations, and leadership;
and

WHEREAS, Epsilon Sigma Alpha International has achieved a position of high esteem for
providing hope, assistance, and answers in areas of need; and

WHEREAS, Such important contributions made by the Theta Alpha Chapter of Epsilon Sigma
Alpha International have become an integral part of our community while
bringing good people together to do good things;

NOW, THEREFORE, I, Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City
Council, do hereby proclaim the week of May 2, 2011, as

“EPSILON SIGMA ALPHA FOUNDERS’ DAY WEEK”

and urge all citizens to join me in commending the good works of Theta Alpha Chapter and their
service to our community.

IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City to
be affixed this 19th day of April, 2011.

THE CITY OF SAN ANGELO

_________________________________
ALVIN NEW, MAYOR

NEWBRIDGE FAMILY SHELTER
Bridging People to Lives Without Abuse

April 15, 2011

Dear City Council,

Home should be a place of warmth, unconditional love, tranquility,
and security, but tragically, for many Americans, these are blessings that
are tarnished by fear and violence;
According to the Texas Council of Family there were 111 women
killed by their intimate partner in 2009. The youngest of those being, a 13
year girl, killed by her boyfriend. In 19 cases out of 111, 1 or more children
witnessed the death of their mother.
Cheyenne Winters, not only lived through this fear and violence but is
survivor of family violence. There are times where a victims voice is never
heard. We may never know what they are feeling or what they have
endured. You may never see the tears and the hardships. Cheyenne is here
today to share a little bit of her struggles and demonstrate the courage to
leave that relationship and speak out against domestic violence.
Many victims rely on local agencies and community support. But at
times we all get caught up in our everyday lives and we forget to remember
that someone is fighting for their life today. Cheyenne is survivor who is
fortunate to be here and share her story with us today. And because of this
reorganization has the opportunity to reach out to other victims of family
violence. Her hopes are to reach at least one or more victims so that they to
can live a life free of abuse.

Sincerely,

Carol Salazar
Program Director

Violence Hotlines: (325) 655-5774 or (800) 749-8631
P.O. Box 5018 – San Angelo, Texas 76902 – 325-658-8631 – fax 325-659-2070

CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 607
Tuesday, April 5, 2011 Vol. 102

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, April 5, 2011, in
the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized
members of the Council, to-wit:

Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Councilmember Adams and pledge was led by Esther Whited, 4th grade student at
of Trinity Lutheran School.
PROCLAMATIONS AND RECOGNITION
“Day of Prayer for Rain in San Angelo”, was accepted by Bishop Michael D. Pfiefer, OMI.
“Alcohol Awareness Month” April 2011, was accepted by Julie Alonzo, Director of Operations, Alcohol &
Drug Abuse Council for the Concho Valley CV CARES Coalition.
“Mr. Cal Sugg” recognized for his dedicated service as a Board Member on the Park Commission.
PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA
APPROVAL OF THE MARCH 22, 2011 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ANY NECESSARY RELATED DOCUMENTS:

AP-01-11: Rehabilitation Construction of Runway 3-21 at San Angelo Regional Airport, Blue Bay, $538,987.28
VM-02-11: Class 8 Haul Truck, Corley Freightliner (San Angelo, TX), $115,599.00
AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO.
14, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA
ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THE AMOUNT OF $31,674 AT
SAN ANGELO REGIONAL AIRPORT
APPROVAL OF A $60,000 FUNDING REQUEST FROM BUDGETED CITY OF SAN ANGELO
DEVELOPMENT CORPORATION AFFORDABLE HOUSING PROGRAM FUNDS TO REIMBURSE
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUND FOR THE PURCHASE OF
SIDING, PAINT AND OTHER MATERIALS NEEDED TO UNDERTAKE HOUSING IMPROVEMENTS
SCHEDULED FOR THE CITY OF SAN ANGELO NEIGHBORHOOD BLITZ IN THE RIO VISTA
NEIGHBORHOOD

Minutes
Vol. 102 April 5, 2011

AUTHORIZATION FOR THE SAN ANGELO FIRE DEPARTMENT TO PARTICIPATE IN THE 2011
MUSCULAR DYSTROPHY ASSOCIATION (MDA) FILL THE BOOT CAMPAIGN
APPROVAL OF TWO PROPOSED EASEMENTS AND RIGHTS OF WAY REQUESTED BY AEP TEXAS
NORTH COMPANY FOR UNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT TWO
LOCATIONS: CITY HALL REHABILITATION AND THE NEW FIRE STATION #7
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 10, ARTICLE
10.600 IN RELATION TO ANGLE PARKING ZONES (ANNEX A, PAGE 613, ORDINANCE 2011-04-034)
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.600 (ANGLE PARKING ZONES) OF THE
CODE OF ORDINANCES, CITY OF SAN ANGELO AN ORDINANCE AMENDING CHAPTER 10,
ARTICLE 10.600 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS; SAID
AMENDMENT AUTHORIZING ADDITION OF “ANGLE PARKING “ZONES ON THE FOLLOWING
SEGMENTS OF EAST AVENUE K: A SEGMENT ON THE NORTH SIDE OF EAST AVENUE K,
BEGINNING AT A POINT 40 FEET EAST FROM THE NORTHEAST CORNER OF INTERSECTING
RIGHTS- OF-WAY FOR METCALFE STREET AND EAST AVENUE K, EXTENDING FOR A
DISTANCE OF 60 FEET FURTHER IN AN EASTERN DIRECTION, AND A SEGMENT ON THE
NORTH SIDE OF EAST AVENUE K, BEGINNING AT A POINT 35 FEET WEST FROM THE
NORTHEAST CORNER OF INTERSECTING RIGHTS-OF-WAY FOR SOUTH CONCHO PARK DRIVE
AND EAST AVENUE K, EXTENDING FOR A DISTANCE OF 84 FEET FURTHER IN A WESTERN
DIRECTION, SPECIFICALLY FOR USE OF MOTOR VEHICLE PARKING ACCESSORY TO THE
EXCLUSIVE PEDESTRIAN AND BICYCLE CROSSING ON LONE WOLF BRIDGE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ORDINANCE RELATING TO
CLASSIFIED (POLICE) STAFFING LEVELS DUE TO CONSOLIDATION OF LAKE, PARK & AIRPORT
POLICE WITH THE SAN ANGELO POLICE DEPARTMENT; TO WIT: (ANNEX B, PAGE 615,
ORDINANCE 2011-04-035)
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE OF
ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500, ENTITLED
“CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION PLAN,” PARAGRAPH (b),
ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(B), ENTITLED “POLICE DEPARTMENT,” TO
CHANGE THE NUMBER OF AUTHORIZED POSITIONS FOR THE POLICE DEPARTMENT BY
INCREASING THE NUMBER OF POLICE SERGEANT FROM TWENTY-SEVEN (27) TO TWENTY-
EIGHT (28), AND INCREASING THE NUMBER OF POLICE OFFICER FROM ONE HUNDRED
TWENTY-ONE (121) TO ONE HUNDRED TWENTY-SIX (126), SAID CHANGE TO BE EFFECTIVE ON
APRIL 5, 2011 AND; PROVIDING FOR SEVERABILITY, AND PROVIDING EFFECTIVE DATES
SECOND HEARING AND ADOPTION OF AN ORDINANCE REPEALING ARTICLE 5.100, SECTION
5.107 CITY CODE OF ORDINANCES ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS
TO THE POSSESSION OF OPEN CONTAINERS AND CONSUMPTION OF ALCOHOLIC BEVERAGES
IN THE DOWNTOWN AREA (ANNEX C, PAGE 617, ORDINANCE 2011-04-036)
AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES FOR THE CITY OF SAN
ANGELO, TEXAS, “BUSINESS AND COMMERCE”, ARTICLE 5.100, “ALCOHOLIC BEVERAGES
REGULATIONS”, BY REPEALING SECTION 5.107 ENTITLED “ALCOHOL IN THE CENTRAL
BUSINESS DISTRICT”, WHICH SECTION PROHIBITS THE POSSESSION OF AN OPEN CONTAINER
OF ALCOHOL OR THE PUBLIC CONSUMPTION OF ALCOHOL IN THE CENTRAL BUSINESS
DISTRICT OF THE CITY OF SAN ANGELO AS DESCRIBED IN SECTION 5.107(c); AND PROVIDING
FOR AN EFFECTIVE DATE

Minutes Page 609
April 5, 2011 Vol. 102

SECOND HEARING AND ADOPTION OF ORDINANCE CANCELING THE MAY 14, 2011 GENERAL
ELECTION FOR MAYOR, SINGLE MEMBER DISTRICTS 2, 4, AND 6 AND DECLARING EACH
UNOPPOSED CANDIDATE ELECTED TO OFFICE (ANNEX D, PAGE 619, ORDINANCE 2011-04-037)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTING
THE CERTIFICATION OF UNOPPOSED STATUS FROM THE CITY CLERK FOR THE POSITIONS OF
MAYOR AND COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2), COUNCILMEMBER,
SINGLE MEMBER DISTRICT FOUR (4), AND COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX
(6); DECLARING THE MAY 14, 2011, ELECTION FOR MAYOR AND COUNCILMEMBER, SINGLE
MEMBER DISTRICT TWO (2), COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4), AND
COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX (6), CANCELED; DECLARING THAT ALVIN
NEW IS ELECTED TO THE OFFICE OF MAYOR, DWAIN MORRISON IS ELECTED TO THE OFFICE
OF COUNCILMEMBER, SINGLE MEMBER DISTRICT TWO (2); FREDD B. ADAMS IS ELECTED TO
THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT FOUR (4); AND CHARLOTTE
FARMER IS ELECTED TO THE OFFICE OF COUNCILMEMBER, SINGLE MEMBER DISTRICT SIX
(6); AND ESTABLISHING AN EFFECTIVE DATE
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded by
Councilmember Adams. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,
ACKNOWLEDGING THE NECESSITY FOR FEDERAL, STATE, AND LOCAL OFFICIALS TO
COLLECTIVELY ADDRESS ON A NONPARTISAN BASIS THE REDUCTION OF PROPOSED
FUNDING CUTS; AND, RESPECTFULLY REQUESTING THAT FEDERAL AND STATE
GOVERNMENT OFFICIALS WORK COLLECTIVELY WITH LOCAL OFFICIALS TO DEVELOP
SOLUTIONS TO CLOSE BUDGET SHORTFALLS; AND URGING THE TEXAS LEGISLATURE TO
REFRAIN FROM INTRODUCING, CONSIDERING, OR PASSING LEGISLATION FOR UNFUNDED
MANDATES (ANNEX E, PAGE 623, RESOLUTION 2011-04-038)

City Manager Harold Dominguez, CEO of San Angelo Community Medical Center Brad Holland and Director
of Business Development/Marketing Sheryl Pfluger presented background information.
Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
PRESENTATION AND DISCUSSION OF THE LONE WOLF BRIDGE CONSTRUCTION PROJECT
Requested by Councilmember Silvas and Transportation Planner Doray Hill and Donald Peterson of San
Angelo Texas Department of Transportation District presented background information. A copy of the
presentation is part of the Permanent Supplemental Record.
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 11-03: Elite Electrical Services
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
FOLLOWING PROPERTY, TO WIT: lot at southwest corner of South Bryant Boulevard and West Avenue U
in south central San Angelo, specifically being Lot 7 in Block 8 of LaVillita Heights Addition to San Angelo,
changing the zoning classification from a Neighborhood Commercial (CN) to an Office Warehouse (OW)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Minutes
Vol. 102 April 5, 2011

Principal Planner Brad Stone presented background information. A copy of the presentation is part of the
Permanent Supplemental Record.
Public comment was made by Proponents Joe Garcia and Hector Garcia.
Motion, to introduce Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Morrison. Motion carried unanimously.
RECESS
At 9:59 A.M., Mayor New called a recess.
RECONVENE
At 10:17 A.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE REPEALING THE MILES
WATER RATE
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, SECTION 8.200 (a)(1) MONTHLY WATER RATES BY DELETING THE
EXISTING MILES WATER RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE
Water Utilities Director Will Wilde presented background information.
Motion, to introduce Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011
BUDGET FOR CAPITAL PROJECTS AND NEW PROJECTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR NEW PROJECTS,
EXISTING PROJECTS, GRANTS, INCREASED REVENUE AND RELATED EXPENSE
Finance Director Michael Dane presented background information. He clarified the amount on the cover memo
should read $21,947,156.
Considerable discussion was held on the purchase of the Code Compliance mowers & equipment and Landfill
fund.
Motion, to introduce Ordinance, as presented, was made by Councilmember Alexander and seconded by
Councilmember Farmer. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer NAY: Morrison and Adams.
Motion carried 5-2.
APPROVAL OF A RECOMMENDATION AND RATIFICATION OF THE CITY OF SAN ANGELO
DEVELOPMENT CORPORATION APPROVAL OF A PROPOSAL TO CONDUCT AN ANALYSIS OF
THE CITY OF SAN ANGELO’S DEVELOPMENT REVIEW PROCESS AND COMPOSE AN ACTION
PLAN FOR STREAMLINING THE PROCESS AND IMPROVING THE ORGANIZATIONAL CULTURE
OF THE RELATED DEPARTMENTS TO IMPROVE CUSTOMER SERVICE, IN AN AMOUNT NOT TO
EXCEED $35,000.00
Community and Economic Development Director Shawn Lewis presented background information. A copy of
the presentation is part of the Permanent Supplemental Record.

Motion, to approve and ratify, as presented, was made by Councilmember Adams and seconded by
Councilmember Alexander. AYE: New, Alexander, Adams, Hirschfeld, and Farmer. NAY: Morrison and
Silvas. Motion carried 5-2.

Minutes Page 611
April 5, 2011 Vol. 102

RECESS

At 11:34 A.M., Mayor New called a recess.

RECONVENE

At 11:38 A.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 11:45 A.M., Council convened in Executive Session under the provision of Government Code, Title 5.
Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D.
Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other
incentive to a company or companies with whom the City of San Angelo is conducting economic
development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San
Angelo

OPEN SESSION (continued)

At 12:00 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:

RECESS

At 12:00 P.M., Mayor New called a recess.

RECONVENE

At 12:16 P.M., Council reconvened, and the following business was transacted:

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBRS:

Zoning Board of Adjustment: Theaha McClendon (SMD4) to a 1st full term January 2013

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

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed April 5, 2011 Agenda and solicited Council
comments and suggestions.

Minutes
Vol. 102 April 5, 2011

ADJOURNMENT

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

The meeting adjourned at 12:27 P.M.

THE CITY OF SAN ANGELO

___________________________________
Alvin New, Mayor

ATTEST:

_______________________________
Alicia Ramirez, City Clerk

Annexes A- E

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

Memo
Date: March 30, 2011
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Consent Item for April 19, 2011 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with Bruce Hitt, at Lot 114,
Group Red Bluff, 3265 Red Bluff West; and authorizing the Water Utilities Director to execute the
same.
Summary: The leaseholder’s current lease expires in 2021 and they would like to execute a new 40 year lease for
financing purposes.

History: Lease fees are current and there are no issues with the lease on this tract.

Financial Impact: Current lease fees: 2011-2015 $634
2016-2020 $761
2021 Market Value

New lease fees: 2011-2015 $697
2016-2020 $836
2021-2050 Market Value

Related Vision Item (if applicable): None.

Other Information/Recommendation: It is recommended that the lease renewal be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends approval.

Attachments: Lease Renewal Agreement (Bruce Hitt)

Presentation: None.

Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, March 29, 2011.

LAKE NASWORTHY RESIDENTIAL LOT LEASE

This lease is made and entered into by and between the CITY OF SAN
ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,
San Angelo, Tom Green County, Texas 76902, and Bruce Hitt whose address is P.O.
Box 1582, San Angelo,TX 76902 ("Lessee").

I. DEMISE OF LEASED PREMISES

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

Lot 114, Group Red Bluff, Lake Nasworthy Addition,
according to the map or plat of said Lake Nasworthy
Campsites in the custody of the Water Utilities Department
of the City of San Angelo (also commonly known as 3265
Red Bluff West).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011
and ending September 30, 2051, in consideration of the initial payment of $150.00,
which payment includes the granting fee, receipt of which payment is hereby
acknowledged, and the further consideration of Lessee's payment of future annual rent
in accordance with subsequent paragraphs hereof and Lessee's compliance with the
stipulations and conditions hereinafter set forth.

TIME AND MANNER OF PAYMENT

2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities
Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as
Lessor may from time to time designate by written notice to Lessee. Such rent shall be
paid annually on or before October 1 during the term of this lease in accordance with
the following schedule:

Dates Annual Rent
For the Years 2011 Through 2015 $ 697

For the Years 2016 Through 2020 $ 836

For the Years 2021 Through 2050 Market Value *

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

DELINQUENT PAYMENTS

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

HOLD OVER

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

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES

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

TAXES

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

WATER, SEWAGE, PAVING IMPROVEMENTS

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

3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.

3.5 In the event the Lessor institutes a paving program abutting the leased
premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant
to prevailing city policies.

IV. RULES AND REGULATIONS

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

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE

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

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

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

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

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

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

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

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

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

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

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

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

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

RESERVATIONS AND EASEMENTS

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

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY

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

NOTICES TO LENDER

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

VII. CONDITION OF PREMISES

NO WARRANTY

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

AVAILABILITY AND USE OF LAKE WATER

7.2 Lessor in no way guarantees the accessibility of water to the leased premises
nor the level of water in Lake Nasworthy.

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

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN

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

DAMAGE OR DESTRUCTION

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

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS

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

PUBLIC PURPOSES

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

X. RELEASE

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

XI. INDEMNIFICATION

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

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING

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

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE

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

POSSESSION

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

REMOVAL OF IMPROVEMENTS

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

however terminated, shall be deemed abandoned by Lessee and shall become the
property of Lessor.

OTHER REMEDIES

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

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

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

PARTIES BOUND

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

HEADINGS

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

SUPERSEDES PRIOR AGREEMENTS

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

ENTIRE AGREEMENT/AMENDMENTS

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

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

VIOLATIONS OF LEASE

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

TEXAS LAW TO APPLY

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

INVALID OR ILLEGAL PROVISIONS

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

REIMBURSEMENT OF LESSOR’S EXPENSES

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

NOTICES

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

LESSEE: Bruce Hitt
P.O. Box 1582
San Angelo, Texas 76902

LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College, P.O. Box 1751
San Angelo, Texas 76903

EXECUTED in duplicate originals on the _____day of _____________________,
2011 by:

LESSEE

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2010 by Bruce Hitt.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:

W. H. WILDE,
Water Utilities Department

STATE OF TEXAS §
COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of
________________, 2011, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo

Memo
Date: 4/5/2011
To: Mayor and Councilmembers
From: Tim Vasquez, Chief of Police
Subject: Agenda Item for April 19, 2011 Council Meeting
Contact: Chief Tim Vasquez, 657-4336

Caption: Consent Agenda Item
Acceptance of the Texas Department of Transportation Click It or Ticket Grant in the
amount of $4,000.00 and authorization for the City Manager or his designee to execute
any necessary related grant documents

Summary: The Texas Department of Transportation announced that the San Angelo Police
Department is eligible to receive funds for the 2011 Click It or Ticket Grant. This
program will provide $4,000 for safety restraint enforcement during the Memorial
Day Holiday. As a result, we are asking permission to accept the additional funds
in order to add extra enforcement during this holiday.

History: We apply each year and are awarded 8,000 - $10,000. We were awarded $8,000
in 2010. Since funding is limited at TxDOT, we were awarded $4,000 for 2011.

Financial Impact: This grant will increase the Police Department’s budget by $4,000 to cover the
overtime expense incurred during the Memorial Day Holiday.

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval of the stated caption

Attachments: Grant Agreement

Presentation: none

Publication: N/A

Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, 4/05/11

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

Texas Traffic Safety eGrants

Fiscal Year 2011
Organization Name: City of San Angelo

Legal Name: City of San Angelo

Payee Identification Number: 17560006599005

Project Title:

ID: 2011-SanAngeloPD-CIOT-00035

Period: 03/01/2011 to 09/30/2011

City of San Angelo

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

THE STATE OF TEXAS
THE COUNTY OF TRAVIS

THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the, City
of San Angelo hereinafter called the Subgrantee, and becomes effective then fully
executed by both parties. For the purpose of this agreement, the Subgrantee is designated
as a(n) Local Government.

AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2011.

Name of the Federal Agency: National Highway Traffic Safety Administration

CFDA Number: 20.602

CFDA Title: Occupant Protection

Funding Source: Section 405
DUNS: 078547502

Project Title:STEP - Click It Or Ticket

Grant Period: This Grant becomes effective on 03/01/2011 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise
modified.
Total Awarded: $5,117.35

Amount Eligible for Reimbursement: $4,000.00

Match Amount: $1,117.35

2011-SanAngeloPD-CIOT-00035 Printed On: 4/7/2011

City of San Angelo

TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT

The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
City of San Angelo activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission

By:
By:
____________________________________
_______________________________
[District Engineer Texas Department of
[Authorized Signature]
Transportation]

_______________________________ _______________________________
[Name] [Name]

________________________________ ________________________________
[Title] [Title]

Date: __________________________ Date: __________________________

Under the authority of Ordinance or By:
Resolution Number (for local ________________________________
government): Director, Traffic OperationsDivision Texas
(If Applicable) Department of Transportation (Not required for
local project grants under $100,000.00)
______________________________
[Resolution Number] Date: __________________________


City of San Angelo

General Information

Project Title STEP - Click It Or Ticket

Project To increase occupant restraint use in all passenger vehicles and trucks
Description by conducting an intense occupant protection enforcement and public
information and education effort during the Enforcement period.

How many years has your organization received funding for this project?
This will be our
fourth year.


City of San Angelo

Texas Traffic Safety Program

GRANT AGREEMENT GENERAL TERMS AND CONDITIONS

ARTICLE 1. COMPLIANCE WITH LAWS

The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers’ compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.

ARTICLE 2. STANDARD ASSURANCES

The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department’s Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:

A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant’s
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, “Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs,” 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act’s minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a


City of San Angelo

purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase “federal
financial assistance” includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee’s governing board or the
Subgrantee’s subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,


City of San Angelo

unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.

ARTICLE 3. COMPENSATION

A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,
per-unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.

The Subgrantee’s expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.

If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.

Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.

The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.

For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, “Enforcement,” or B, “PI&E Activities,” to
exceed the TxDOT amount listed in Subcategory C, “Other.” Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, “Enforcement,” or C, “Other,” to exceed the TxDOT amount listed
in Subcategory B, “PI&E Activities.” The TxDOT amount for Subcategory B, “PI&E
Activities,” or C, “Other,” can only be exceeded within the 5 percent flexibility, with


City of San Angelo

underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term “supplanting,” refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
· A-21, Cost Principles for Educational Institutions;
· A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
· A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.

ARTICLE 4. LIMITATION OF LIABILITY

Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.

ARTICLE 5. AMENDMENTS

This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.


City of San Angelo

ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK

If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.

The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.

The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.

ARTICLE 7. REPORTING AND MONITORING

Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.

For Selective Traffic Enforcement Programs (STEPs), performance reports must be
submitted monthly.

The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,


City of San Angelo

overruns, or high unit costs.

The Subgrantee shall submit the Final Performance Report through eGrants within twenty
(20) days after completion of the grant.

The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:

A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.

ARTICLE 8. RECORDS

The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.

ARTICLE 9. INDEMNIFICATION

To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.

Further, to the extent permitted by law, the Subgrantee, if other than a government entity,
agrees to protect, indemnify, and save harmless the Department from and against all


City of San Angelo

claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.

If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.

ARTICLE 10. DISPUTES AND REMEDIES

This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.

ARTICLE 11. TERMINATION

This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:

· This Agreement is terminated in writing with the mutual consent of both parties; or
· There is a written thirty (30) day notice by either party; or
· The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is terminated
immediately.

The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.

ARTICLE 12. INSPECTION OF WORK

The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.


City of San Angelo

If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.

ARTICLE 13. AUDIT

The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, “Audits of States, Local Governments, and Other Non-Profit
Organizations.”

The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.

ARTICLE 14. SUBCONTRACTS

A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.

ARTICLE 15. GRATUITIES

Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department’s Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.

ARTICLE 16. NONCOLLUSION

The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a


City of San Angelo

bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.

ARTICLE 17. CONFLICT OF INTEREST

The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees’ performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department’s interests.

ARTICLE 18. SUBGRANTEE’S RESOURCES

The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.

All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.

Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.

ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT

The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department’s property
management procedures or property management standards and federal standards, as
appropriate, in:

· 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments,” or
· 49 CFR, Part 19 (OMB Circular A-110), “Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations.”

ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY


City of San Angelo

Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.

A. Intellectual property consists of copyrights, patents, and any other form of
intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee’s intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.

ARTICLE 21. SUCCESSORS AND ASSIGNS

The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.

ARTICLE 22. CIVIL RIGHTS COMPLIANCE

A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled “Equal Employment
Opportunity,” as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified


City Council April 19, 2011: Agenda packet

City Council April 19, 2011: Agenda packet

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City Council April 19, 2011: Agenda packet