November 19, 2013 Agenda Packet

NOTICE OF A PUBLIC MEETING
Including Addendum
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, November 19, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
San Angelo, TX 76903
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 208, 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. Recognitions
Brian Groves, Multimedia Coordinator for the City of San Angelo, for his selection as one of the StandardTimes’ 20 Under 40 honorees, recognizing accomplished young professionals in our community
Brian Groves, Multimedia Coordinator for the City of San Angelo, for the six statewide video awards our
office won at last month’s annual convention of the Texas Association of Telecommunications Officers
and Advisors. That included five second-place awards and one first-place honor
Students participating in the San Angelo Independent School District Vocational Program and working for
various City of San Angelo Departments: Students: John Gibson, Jarrod Weiss, Alberto Frias, Quirt
Edwards; Job Coaches: Tawnya Fowler and Leslie Deans; Staff Speaking: Becca Flores, Vocational
Adjustment Coordinator for SAISD
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
On public hearing items, public input will be received on each item immediately following the Council
discussion and prior to any action on the item. Each member of the public should make their remarks
from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five
minutes, unless waived by a council member for all speaking on that matter. No individual will be
allowed to speak more than once on any one subject until every citizen wishing to comment has done so.

City Council Agenda

Page 1 of 7

November 19, 2013

II.

CONSENT AGENDA
1. Consideration of approving the November 5, 2013 City Council Regular meeting minutes
2. Consideration of awarding bid TR-02-13/Thermoplastic striping to Flat Line Inc. (Childress, TX) for
installation of pavement markings on 2013 seal coated streets, and authorizing the City Manager to
execute any necessary related documents (P.Frerich)
3. Consideration of selecting Suddenlink Business for RFP IT-01-13 to provide Long Distance phone
service and phone connectivity (PRIs and POTs) services, authorizing staff to negotiate a five year
contract, and authorizing the City Manager to execute said contract (J.Eades)
4. Consideration of authorizing the City Manager to execute Supplemental Lease Agreement No. 4 to lease
GS-07b-15605, in substantially the attached form, and all related documents between the City of San
Angelo and the United States General Services Administration (U.S. GSA) at San Angelo Regional
Airport (L.Elguezabal)
5. Consideration of authorizing the City Manager or his designee to establish the fair market value of 0.067
acres of surplus property adjacent to Lot 1, Block 1, Group 4, Lake Nasworthy Addition, City of San
Angelo, Tom Green County, in southwest San Angelo, for purposes of disposing of surplus property and
the authority to execute all documents necessary to convey the surface estate only in the surplus property
by Special Warranty Deed to the adjacent lot owner, reserving unto the City of San Angelo blanket
drainage and utility easements (C.Preas)
6. Consideration of authorizing the sale of the following properties for the appraised value and authorizing
the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining
to the sale of subject properties, subject to completion of all curative requirements (C.Preas)
a. 3005 Red Bluff Circle, Lot 56, Group Red Bluff, $93,700.00 (Durham)
b. 2171 Gun Club Road, Lot 11A, Block 1, Group 10, $23,900.00 (Ng)
7. Consideration of adopting a Resolution authorizing the City Manager to execute a license agreement for
aerial deck and supporting structures between the City of San Angelo and 333 South Chadbourne LLC
for constructing and maintaining one aerial deck and six supporting structures on and over city-owned
property identified as Lot 4 of the O. B. Sampson subdivision of Lots 1 to 10 in Block B of the main part
of the City, and such other instruments as may be necessary or convenient for carrying out such
purposes; and finding a public purpose and benefit therein (R.Weise)
8. 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 or Tax Warrant: (C.Preas)
a. 2118 Shelton, (Stephens), S 50' of N 100' of W 150' of Lot 7, Block 3, Home Acres, $1,886, Suit No.
A-11-0193-TAX
9. Consideration of adopting a Resolution authorizing the City Manger to execute an Easement and
Right of Way to AEP Texas North Company, granting a 15’ perpetual easement and right of way for
electric distribution lines on 20.087 acres of land owned by the City of San Angelo and under lease to
Howard County Junior College District; said land being located at 3501 N. US HWY 67, commonly
known as the West Texas Training Center, and being for the benefit of Howard County Junior College
District (C.Preas)
10. Second hearing and consideration of adopting an Ordinance amending the 2013-2014 Budget for a
contract change order (M.Chegwidden)
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A
CONTRACT CHANGE ORDER

City Council Agenda

Page 2 of 7

November 19, 2013

11. Second hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (J.Hintz)
Z 13-36: SAS Texas Properties LLC
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed tract, located approximately 800 feet south
from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies
the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo, changing the
zoning classification from Heavy Commercial (CH) to General Commercial (CG) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
12. Second hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (J.Hintz)
Z 13-34: The River San Angelo Church, Inc.
FOLLOWING PROPERTY, TO WIT: 5050 Lake Drive, located approximately 800 feet southeast of
the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A.
Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San
Angelo, changing the zoning classification from Ranch & Estate (R&E) and General
Commercial/Heavy Commercial (CG/CH) to General Commercial (CG) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
13. Second hearing and consideration of adopting an Ordinance authorizing abandonment of the complete
unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of
485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately
west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide
right-of-way for an alley extending west of Nelson Avenue and directly north of the Goodfellow
Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east
San Angelo(J.Hintz)
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING UNIMPROVED STREET SEGMENT AND UNIMPROVED ALLEY SEGMENT TO
WIT: a complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north
for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex,
and immediately west to property outside of the City Limits, -AND- an abandonment of the complete
13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the
Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same
subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE
ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF
ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE
AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS
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 under the following sections:
City Council Agenda

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November 19, 2013

• Section 551.071(1) to consult with attorney on a contemplated settlement offer to ACAP Health for
clinical care engineering services for the City health insurance program (Marley)
• Section 551.071(2) to consult with its attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with this chapter regarding quarterly invoices dated 9/17/2013 and
10/29/2013 for services rendered pursuant to the Interlocal Agreement between cities of Abilene,
Midland and San Angelo effective 4/9/2011 (West Texas Water Partnership) and subject to
confidentiality under said Interlocal Agreement
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding
Lake Nasworthy area (Fawver), South Concho River and Lake Nasworthy real property recreational
and grazing lease (Preas), West Texas Christian Foundation, Aka Christian Village Property, and
West Texas Water Partnership
• Section 551.074(a)(1) to deliberate the evaluation and duties of the City Manager
G. PUBLIC HEARING AND COMMENT
14. First public hearing and consideration of introducing an Ordinance increasing the number of members
on the Public Housing Authority (PHA) from five (5) to seven (7) and other related provisions
AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE
2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED;
MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY
INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5)
TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING;
AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE
(Presentation by City Clerk Alicia Ramirez and PHA Chairperson Tony Villarreal)
15. Update and presentation by the Public Housing Authority and related matters
(Presentation by PHA Executive Director Rebecca Salandy and PHA Chairperson Tony Villarreal)
16. First public hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-28: Greg Huling
FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 280 feet
south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically
occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo,
changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family
Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
17. First public hearing and consideration of introducing an Ordinance relating to the City of San
Angelo’s application of existing policies regarding temporary housing commercial property
development moratorium and related matters
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, (“CITY”) FINDING THAT,
APPLICATION OF EXISTING ZONING AND COMMERCIAL DEVELOPMENT POLICIES,
REGULATIONS AND ORDINANCES ARE INADEQUATE TO PREVENT NEW
DEVELOPMENT OF TEMPORARY HOUSING THAT INCLUDES MOBILE HOME /
MANUFACTURED HOUSING PARKS AND RECREATIONAL VEHICLE PARKS FROM
City Council Agenda

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November 19, 2013

BEING DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, OR WELFARE OF THE
RESIDENTS OF THE CITY AND THE PEACE OR ORDER OF THE CITY; FINDING A
DEMONSTRATED NEED TO REVIEW EXISTING REGULATIONS AND TO AMEND
EXISTING REGULATIONS OR ADOPT NEW REGULATIONS FOR THE PRESERVATION OF
THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;
IMPLEMENTING A NINETY (90) DAY MORATORIUM ON THE ACCEPTANCE,
PROCESSING OR APPROVAL OF: (1) ZONING APPLICATIONS FOR SPECIAL USE
PERMITS “CAMPGROUND / RECREATIONAL PARKS” IN ALL APPLICABLE ZONING
DISTRICTS, (2) APPLICATIONS FOR ZONING DESIGNATION OF MANUFACTURED
HOUSING PARK DISTRICT, (3) SITE PLANS FOR CAMPGROUNDS OR RECREATIONAL
VEHICLE PARKS, AND (4) APPLICATIONS FOR ISSUANCE OR RENEWAL OF PERMITS
FOR NEW CONSTRUCTION OR RECONSTRUCTION OF FACILITIES OR STRUCTURES FOR
EXPANSION OF CAPACITY OF CAMPGROUNDS OR RECREATIONAL VEHICLE PARKS,
OR MOBILE HOME / MANUFACTURED HOUSING PARKS; PROVIDING AN EFFECTIVE
DATE; PROVIDING A PROCEDURE FOR A VARIANCE FROM THE APPLICABLE
MORATORIUM; PROVIDING AN APPEAL PROCESS; PROVIDING A SEVERABILITY
CLAUSE; AND FINDING PROPER NOTICE AND MEETING IN COMPLIANCE WITH THE
TEXAS OPEN MEETINGS ACT
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, (“CITY”) ADOPTING A
COMMERCIAL PROPERTY DEVELOPMENT MORATORIUM IN ACCORDANCE WITH STATE
LAW UPON PUBLIC HEARING AND ISSUANCE OF WRITTEN FINDINGS; TO EXPIRE NINETY
(90) DAYS AFTER THE DATE THE MORATORIUM IS ADOPTED; INCLUDING BUT NOT
LIMITED TO, APPROVAL OF NEW APPLICATIONS FOR COMMERCIAL PROPERTY
DEVELOPMENT RELATING TO MOBILE HOMES, MANUFACTURED HOUSING PARKS AND
RECREATIONAL VEHICLE PARKS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE
(Presentation by Interim Development Services Director AJ Fawver and Interim Senior Planner Jeff
Hintz)
18. Consideration of and possible action on a Petition for Variance under the Code of Ordinances, Water
Conservation and Drought Contingency Plan, Section 11.203 (e), to the allowable watering
frequencies and time of day for newly planted landscape submitted by the San Angelo Independent
School District
(Requested by SAISD and presentation by Water Utilities Director Ricky Dickson)
19. First public hearing and reconsideration of introducing an Ordinance amending Chapter 10, Traffic
Control regarding the operation of golf carts
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10,
TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, TO ADD A NEW
ARTICLE 10.1700, ENTITLED “OPERATION OF GOLF CARTS ON PUBLIC STREETS” IN
ORDER TO ALLOW AND REGULATE THE OPERATION OF GOLF CARTS ON ANY PART OF
THE TRAFFIC AREA OF ANY PUBLIC STREET OR HIGHWAY WITHIN THE CITY LIMITS
WHERE THE POSTED SPEED LIMIT IS NOT MORE THAN THIRTY (30) MILES PER HOUR,
PROVIDING DEFINITIONS, ESTABLISHING LIMITATIONS ON SUCH OPERATION,
ESTABLISHING REQUIREMENTS FOR EQUIPMENT, ANNUAL REGISTRATION,
ESTABLISHING ADMINISTRATIVE PROCESSES, ESTABLISHING A REGISTRATION FEE,
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, AND
AMENDING APPENDIX A, ENTITLED ARTICLE 3.000 BUSINESS RELATED FEES TO ADD
A NEW SECTION 3.1300 GOLF CART REGISTRATION FEE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE
(Presentation by Police Chief Tim Vasquez)
City Council Agenda

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November 19, 2013

20. Discussion and possible action related to an increase in the support for the Tom Green County Mental
Health Unit and Tom Green County Crisis Intervention Unit
(Presentation by Police Chief Tim Vasquez)
21. First public hearing and consideration of introducing an Ordinance amending the continuance to levy
and collect a one-half cent sales and use tax as approved by the voters in the November 2, 2010
Special Election
AN ORDINANCE AMENDING ARTICLE 2.3600 ECONOMIC DEVELOPMENT CORPORATION
OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING
SECTION 2.3606 TO ADD A NEW SUBSECTION 1 TO INCLUDE THE PROJECTS ALLOWED IN
SECTION 4B OF ARTICLE 5190.6 V.A.C.S., AS AMENDED, (HEREINAFTER “ACT”) FOR THE
CITY OF SAN ANGELO TO CONTINUE TO LEVY AND COLLECT A ONE-HALF CENT SALES
AND USE TAX, SAID PROJECTS HAVING BEEN APPROVED BY THE VOTERS IN THE
NOVEMBER 2, 2010 SPECIAL ELECTION TO BE UNDERTAKEN AS ALLOWED BY THE ACT
IN ACCORDANCE WITH THE RESULTS OF THE SAID SPECIAL ELECTION; AND TO
RESTATE AND RENUMBER SECTION 2.3606 IN ITS ENTIRETY; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Interim Economic Development Director Bob Schneeman)
22. Discussion and possible action regarding an amendment to the Thoroughfare Plan Component of San
Angelo's Comprehensive Plan, specifically planned projections collector streets bounded by Jackson
Street to the north, Knickerbocker Road to the west, South Bryant Boulevard to the east, and Loop
306 to the south in south-central San Angelo
(Presentation by Interim Development Services Director AJ Fawver)
23. Consideration of accepting the City of San Angelo’s Fiscal Year 2012 Comprehensive Annual
Financial Report (CAFR) and Single Audit as presented by the City’s external auditor
(Presentation by Finance Director Tina Bunnell)
24. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related
thereto
(Presentation by Budget Manager Morgan Chegwidden)
25. First public hearing and consideration of introducing an Ordinance amending the 2013-2014 Budget
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR
ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, INCOMPLETE PROJECTS,
AND GRANTS.
(Presentation by Budget Manager Morgan Chegwidden)

Addendum

Discussion and consideration of providing direction to the City of San Angelo Development
Corporation regarding the fiscal year 2013-2014 budget
(Requested by Council Member Farmer)
26. Discussion and consideration of hosting a joint meeting with City Council, Tom Green County
Commissioner’s Court, and San Angelo Independent School District Trustees regarding the
coordination of shared resources
(Requested by Mayor Morrison)

City Council Agenda

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November 19, 2013

H. FOLLOW UP AND ADMINISTRATIVE ISSUES
27. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
28. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for
services pursuant to the Interlocal Agreement between cities of Abilene, Midland and San Angelo,
effective April 9, 2011 (West Texas Water Partnership), for the quarterly invoice dated September 17,
2013 and October 29, 2013
(Presentation by Finance Director Tina Bunnell)
29. Announcements and consideration of Future Agenda Items
30. Adjournment
The City Council reserves the right to consider business out of the posted order, and at any time during the
meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which
are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551
of the Texas Government Code.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, November 14, 2013, at 5:00 P.M.

/s/________________________
Alicia Ramirez, City Clerk

City Council Agenda

Page 7 of 7

November 19, 2013

City of San Angelo

Memo
Date:

November. 12, 2013

To:

Mayor and Councilmembers

From:

Alonzo Carrasco, Traffic Operations Superintendent

Subject:

Agenda Item for November 19, 2013 Council Meeting

Contact:

Alonzo Carrasco, Traffic Operations, 325-657-4377 x1471

Caption:

Consent Item
Consideration of awarding bid TR-02-13/Thermoplastic striping to Flat
Line Inc. of Childress, TX. for installation of pavement markings on 2013
seal coated streets, and authorizing the City Manager or designee to
execute any necessary related documents.

Summary:
The Traffic Operations Department is requesting City Council approval to
award bid pricing for the service of applying thermoplastic pavement markings to several
of streets that were recently seal coated. This includes approximately 29,740' of yellow
center stripe, 1000' of white stripe, 13 crosswalk locations, 15 stop bar and school zone
locations, and 32 rail road crossing markings. Bids were sent out to Double A
Contracting-Odessa TX., Texas Panhandle Construction-Childress TX., Flat LineChildress TX., Roadsafe Traffic Systems-Pflugerville TX., Stripe-A-Zone, Inc.-Grand
Prairie TX., and Batterson-Houston TX. A bid was received from Flat Line Inc. –
Childress TX.
History: The City contracts out thermoplastic striping to ensure the longest lifespan of
pavement markings, thus prolonging replacement and providing the most economical
benefit for the City.
Financial Impact: The cost for having thermoplastic applied in these quantities is
$77,706.00 from account 101-3200-432-0435.
Related Vision Item: NA
Other Information/Recommendation: Staff recommends awarding bid to: Flat Line Inc. –

Childress, TX
Attachments: Bid Tab TR-02-13
Presentation: None
Approved by Legal: NA
Reviewed by Service Area Director: Shane Kelton, Operations Director, 11-8-13

CITY OF SAN ANGELO
RFB: TR-92-13/Thermoplastic Striping Rebid
November 7, 2013; 2:00pm Local Time

Line

Flat Line

1
2
3

4

5

6

7

8

Description

Hot Applied Thermoplastic Reflective
Pavement markings Type I, Yellow 4"
Pavement markings Type I, White 4"
Pavement markings Type I, White 8"
Stop Bars Thermoplastic Reflective Marking
Type I White 16" Preformed or Hand lined
machine applied
SCHOOL ZONE: Speed Bars Thermoplastic
Reflective Marking Type I White 16"
Preformed or Hand lined machine applied
Crosswalks Continental, Thermoplastic
Reflective Marking Type I White 24"
Preformed or Hand lined machine applied
Railroad Crossing Narrow, Thermoplastic
Reflective Marking Type I White X & RR
Preformed
Railroad Crossing, Thermoplastic Reflective
Marking Type I White 24" Preformed or Hand
lined machine applied

Bidders List
Double A. Contracting, L.P.
TEXAS PANHANDLE CONSTRUCTION, INC
Flat Line, INC.
Roadsafe Traffic Systems, Inc.
Stripe-A-Zone, Inc.
Batterson

Unit

Unit
Price

Est. Qty

Extended Price

LF

29,740

$

0.40 $

11,896.00

LF

1,000

$

0.40 $

400.00

LF

2,000

$

1.00 $

2,000.00

LF

1,107

$

11.00 $

12,177.00

LF

468

$

11.00 $

5,148.00

LF

880

$

13.00 $

11,440.00

EA

32

$ 500.00 $

16,000.00

LF

1,695
Total

$

18,645.00
77,706.00

Odessa, Tx
Childress, Tx
Childress, Tx
Pflugerville Tx
Grand Prairie, Tx
Houston, Tx

11.00 $
$

City of San Angelo

Memo
Date:

October 23, 2013

To:


From:

John Eades, Information Technology

Subject:

Agenda Item for November 19th, 2013 Council Meeting

Contact:

John Eades, Information Technology, 657-4338 Ext - 1363

Caption:

Consent Agenda Item
Consideration of selecting Suddenlink Business for RFT IT-01-13 for Long Distance
phone service and phone connectivity (PRIs and POTs) services, authorizing staff to
negotiate a five year contract, and authorizing the City Manager to execute said contract

Summary:

The City of San Angelo posted RFP:IT-01-13 on the COSA website, advertised in
the San Angelo Standard Times Newspaper, and directly notified three vendors.
Suddenlink Business and Communications Etc. (a local business) responded to the
RFP:IT-01-13.
>PRIs (five high capacity phone lines to connect phone system to the outside)
>POTs (analog telephone lines for faxes, elevators, and security systems)
>Long Distance services.
Suddenlink Business provided a proposal that reduced cost to the City and has the
technical staff to support the proposal

History:

Verizon is the current vendor for phone services (PRI and analog service) and NST
in Abilene TX is the current long distance service vendor. In an effort to reduce the
operating cost for phone services, telephone land lines and long distance expense,
the Purchasing department sent out RFP IT-01-13.

Financial Impact: The Suddenlink Business contract saves the City $21,000 a year.

Related Vision Item (if applicable):
Other Information/Recommendation: Staff recommends the City execute the contract submitted

by Suddenlink Business.
Attachments: Bid Comparison

Suddenlink Contract
Presentation:
Publication:

N/A
N/A

Reviewed by Service Area Director: Tina Bunnell, Finance Director

Commercial Service Order & Agreement
Account Rep
Phone Number
Fax Number

Michele Farley
325-437-4422
325-437-4412

System Address

Customer Information

v3.1 12.10.2012

Suddenlink Business Office
4272 W Houston Expy

Authorized Customer Representative

Account Number

Full Name

John Eades

Legal Company Name

City of San Angelo

Telephone

325-657-4438

Street Address

72 West College Avenue

Fax

City/State/Zip


Email Address

John.eades@cosatx.us

Billing Address

Federal Tax ID

City/State/Zip

Requested Delivery Date:

If Bar or Restaurant account, notate occupancy (1-50; 51-100; 101-150; 151-200; 201-300; 301-500; 501+)

________

Taxes and Fees Not Included
Monthly Recurring

Service Description
2 Way PRI
B Channels
DIDs
EUCL Fee for Trunks
Unlimited BCP Lines
EUCL Fee for BCP Lines
PLUS, check if Applicable:

Quantity
5
115
600
5
126
126

Unit Price
$250.00
$10.00
$ .26
$30.00
$19.95
$ 5.25

Term
(Months)
60 Months
60 Months
60 Months
60 Months
60 Months
60 Months

(video rates subject to no
more than 10% annual
increases )

One Time Activation
& Setup Fees

$1,250.00
$1,150.00
$ 156.00
$ 150.00
$2,513.70
$ 661.50

NetSecure Service (Addendum attached) including
____ (number) Nodes
Totals
*download and upload speeds are maximum speeds; they may vary and are not guaranteed
Equipment Charges
Description
Quantity

$5,881.20

Unit Price

Total Fee

For phone & PRI customers: A) change my local and my intrastate and interstate long distance services provider to Suddenlink Communications
B) Unless outbound international calling is authorized by initialing of this provision, no international call may be completed by
this/these numbers until such time that customer authorizes international calls to be allowed. ________________ (initial here)
Special Conditions (for point to point and multipoint services, include the addresses of all circuit termination locations)
PRI Trunks will be installed as follows: Location A: City Hall 72 W. College Ave - 2 – PRI Trunks w/46 Channels and 288 DIDs
Location B: PSC Comm Center 323 E. Beauregard – 2 PRI Trunks w/46 Channels and 287 DIDs
Location C: EOC 8485 Hanger Rd – 1 PRI Trunk w/23 Channels and 25 DIDs
Pricing does not include taxes and fees which are estimated at 30% without tax exemptions
Quantities above are based on information provided in the attached Exhibit A – Suddenlink Response to RFP #IT-01-13
NOTICE REGARDING 911 SERVICES
While your Suddenlink Phone Service may be supported by a battery backup, it is electrically powered. In the event of a power outage or Suddenlink network failure,
911 service will not be available. You are prohibited from moving the phone modem from the address where it was installed. If you move the phone modem, the 911
service may not function properly and emergency operators will not be able to identify the caller’s location.
By signing this Agreement; (i) you represent that you are the Customer or Customer’s authorized agent; (ii) you agree that you have received a copy of and have been
given an opportunity to review this Commercial Service Order and the Commercial Service Agreement, of which this Service Order is a part; (iii) you agree to the terms
and conditions of the Commercial Service Agreement; (iv) you acknowledge that you have read and understood the Notice Regarding 911 Services above; (v) you
agree that all work by Suddenlink or Suddenlink’s agent has been performed to your satisfaction as set forth herein; and (vi) you acknowledge that THIS
BUSINESS SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement
shall not be deemed effective until it has been executed by both parties. Final proposed prices in this Agreement are valid for 30 business days from the date below of
the Suddenlink signatory. The prices are firm for the term of this Agreement when signed below by the Customer and by Suddenlink.

______________________________________________________________ _______________________________________________________________
Customer Authorized Signature

Date

_____________________________________________________________

_________________________________________________________

Print Name

Title

______________________________________________________________

___________________________________________________________ ____

Cequel Communications, LLC dba Suddenlink Communications,
on behalf of its affiliates providing services hereunder (“Suddenlink”)

Date

______________________________________________________________

___________________________________________

Print Name

Title

1 of 4 P a g e s

ATTEST:

APPROVED AS TO FORM:


Lysia Bowling, City Attorney

APPROVED AS TO CONTENT:

John Eades, Information Technology Manager

2 of 4 P a g e s

Commercial Service Agreement

TERMS OF SERVICE APPLICABLE TO ANY AND ALL SERVICE(S):
Customer, identified in the Service Order (defined in paragraph 1 below), understands and agrees that this Commercial Service Agreement, together with the Annex
and any applicable tariff, (collectively, the "Agreement") applies to each and every communication service provided to Customer by Suddenlink Communications and
any affiliate of Suddenlink Communications that to the extent such affiliate provides Services to you under this Agreement ("Suddenlink") ("Service(s)"), which may
include, without limitation, cable television service ("Video Service"), high speed data service ("High Speed Internet Service"), voice service ("Phone Service") and
related equipment ("Equipment"). This Commercial Service Agreement, along with the Annex, each as may be updated from time to time, can be found on our
website at www.suddenlink.com.
1. Agreement. This Agreement shall be effective upon execution by the
parties, and Services shall be provided for the Term (as defined in Section 5
below). Customer agrees to be bound to this Agreement by: (i) executing a
copy of the Commercial Service Order presented to Customer at the time of
installation ("Service Order"), (ii) ordering a Service, or (iii) using one or more
Services at Customer's location. Suddenlink may, in its sole discretion, change,
modify, add or remove portions of this Agreement at any time by giving
Customer notice in accordance with this Agreement. Customer's continued use
of the Services following such notice shall be deemed as Customer's acceptance
to any revision in this Agreement. If Customer does not agree to the revised
Agreement, Customer must immediately notify Suddenlink of Customer's intent
to terminate Service and return all Equipment.

of written notice from Suddenlink, removal of Equipment from Customer's
premises and/or imposition of an Administrative fee in accordance with
applicable law.

2. Services and Use. Suddenlink shall use reasonable efforts to make the
Services available by any requested service date. Suddenlink shall not be liable
for any damages whatsoever resulting from delays in meeting any service dates
due to delays resulting from construction or for reasons beyond its control. The
parties acknowledge and agree that, except for Web hosting, if applicable, and
as otherwise set forth in the Commercial Services Order, Customer may only
use the Services for its own commercial purposes and not that of any third
party, and Customer shall not resell the Services. Customer shall be
responsible for any software and content displayed and distributed by Customer
or Customer's web hosting customers, if any. Unless otherwise expressly set
forth in the Commercial Service Order, Customer acknowledges that pay per
view events and premium video and audio services may not be available, and, if
provided, may be subject to additional charges beyond the base rate.
Suddenlink shall provide Customer with the Services and Equipment identified
on Customer's Commercial Service Order; provided, however, if Suddenlink
determines that Customer's location is not serviceable under Suddenlink's
normal installation guidelines, Suddenlink may terminate this Agreement.
Unless provided otherwise herein, Suddenlink shall use reasonable efforts to
maintain the Services in accordance with applicable performance standards,
however, Suddenlink shall have no responsibility for the maintenance or repair
of networks, facilities and equipment not furnished by Suddenlink.

6. Term, Early Termination. The term of the Service Order shall commence
on the date that any Service commences and shall terminate upon the
expiration or earlier termination of the term set forth on the Service Order (the
“Term”). If a Service Order does not specify a term, the Term shall be one (1)
year from the date that any Service commences. Upon the expiration of the
Term, each Service Order(s) shall automatically renew for successive periods of
one (1) year each ("Renewal Term(s)"), unless prior notice of non-renewal is
delivered by either party to the other at least thirty (30) days before the
expiration of the Service Term or the then current Renewal Term. Effective at
any time after the end of the Term and from time to time therein, Suddenlink
may, modify the charges for HSI and/or Video Services to reflect then-current
prevailing pricing subject to thirty (30) days prior notice. Customer will have
thirty (30) days from receipt of such notice to cancel the applicable Service
without further liability. Should Customer fail to cancel within this timeframe,
Customer will be deemed to have accepted the modified Service pricing for the
remainder of the Renewal Term. If Customer cancels, terminates or
downgrades the Service before the completion of the Term, or prior to the term
of any promotional offer, Customer agrees to pay Suddenlink all sums, which
shall become due and owing as of the effective date of the cancellation or
termination, including: (i) all non-recurring charges reasonably expended by
Suddenlink to establish service to Customer and not remunerated, (ii) any
disconnection, early cancellation or termination charges reasonably incurred
and paid by Suddenlink to third parties on behalf of Customer, and (iii) all
recurring charges for the remaining balance of the Term or term of the
promotional offer.

3. Distribution System and Inside Wiring. "Distribution System" shall mean
(1) all distribution plant and associated electronics, equipment and wiring installed
or provided by Suddenlink or its predecessors which is necessary to distribute
Services throughout the premises, but specifically excluding Inside Wiring defined
below, and (2) all equipment furnished by Suddenlink at the premises. The
installation of the Distribution System and Inside Wiring by Suddenlink will meet all
applicable FCC specifications and will be installed in a good, workmanlike manner.
Ownership of the Distribution System shall at all times be and remain in Suddenlink
and shall be used exclusively by Suddenlink operations. Upon expiration or
termination of this Agreement, Suddenlink shall continue to own and control the
entire Distribution System. Upon termination of this Agreement and if Suddenlink is
no longer providing Services to the premises, Suddenlink has the option to remove
all or any portion of the Distribution System, provided that any damage to the
premises caused by removal of the Distribution System will be repaired by
Suddenlink to Customer’s reasonable satisfaction. Any part of the Distribution
System remaining on the premises shall become the sole property of Customer.
"Inside Wiring" shall mean that wiring located within the property. Ownership
of the Inside Wiring shall at all times be and remain in Customer. Customer
shall be responsible for the repair and maintenance of the Inside Wiring, in a
good, workmanlike manner in accordance with all applicable codes, regulations,
or laws.
4. Payment. Customer shall pay all monthly service charges, plus nonrecurring, one-time set-up, installation and/or construction charges as set forth
on the Commercial Service Order. Unless stated otherwise on the Commercial
Service Order, Monthly Recurring Charges/Access Charges ("MRCs") for
Services shall begin upon, and Non Recurring Charge/One-time Activation and
Set-up Fees ("NRCs") if any shall be due upon, the commencement of
Services. Any amount not received by the due date will be subject to additional
fees as set forth below. If applicable to the Service, Customer shall pay sales,
use, gross receipts, excise, access, universal service fund assessments, 911
fees, franchise fees, bypass or other local, state and Federal taxes, broadcast
surcharges or other charges imposed on the use of the Services. Taxes will be
separately stated on the Customer's invoice. Unpaid balances shall be subject to
interest or late charges at the maximum rate allowed by law. Failure to pay the
total balance when due may be grounds for Suddenlink to impose an
administrative fee ("Administrative Fee") in accordance with applicable law.
Any Administrative Fee imposed on Customer is intended to be a reasonable
advance estimate of costs of managing past due accounts. Suddenlink does
not extend credit to Suddenlink's customers and the Administrative Fee is not
interest, a credit service charge or a finance charge. Failure to receive a bill
does not release Customer from Customer's obligation to pay. Failure to pay
the total balance when due shall constitute a breach of this Agreement and may
be grounds for termination of Service upon written notice to Customer if
Customer has failed to correct such non-payment default within ten (10) days

5. Additional Fees. In addition to MRCs, NRCs, late charges, interest, and
any Administrative Fee, additional fees may be imposed, including fees for
returned checks, charge card chargeback, early termination, reconnection and
service calls. Additional charges, including attorney fees, may also be imposed
if collection activities are required to recover past due balances. A list of fees is
available on Suddenlink's website (www.suddenlink.com) ("Schedule of Fees").
Suddenlink reserves the right to amend or change the Schedule of Fees from
time to time by posting the changes on Suddenlink's website.

7. Disputed Charges. Customer must notify Suddenlink in writing of billing
errors disputes or requests for credit within thirty (30) days after Customer
receives the bill for which correction of an error or credit is sought. The date of
the dispute shall be the date Suddenlink receives sufficient documentation to
enable Suddenlink to investigate the dispute. The date of the resolution is the
date Suddenlink completes its investigation and notifies the Customer of the
disposition of the dispute.
8. Default. If Customer fails to comply with any material provision of this
Agreement, including, but not limited to failure to make payment as specified,
then Suddenlink, at its sole option, may elect to pursue one or more of the
following courses of action upon proper notice to Customer as required
by applicable law: (i) terminate service whereupon all sums then due and
payable shall become immediately due and payable, (ii) suspend all or any part
of Services, and/or (iii) pursue any other remedies, including reasonable
attorneys' fees, as may be provided at law or in equity, including the applicable
termination liabilities.
9. LIMITATION OF LIABILITY. EXCEPT FOR ANY REFUNDS OR CREDITS
AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SUDDENLINK, ITS OFFICERS,
SHAREHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, VENDORS, CARRIER
PARTNERS, CONTENT PROVIDERS AND OTHER PERSONS OR ENTITIES
INVOLVED IN PROVIDING THE SERVICES OR EQUIPMENT (COLLECTIVELY,
THE "SUDDENLINK PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE, COST OR EXPENSE INCLUDING DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES
OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,
EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY
(INCLUDING DEATH), PROPERTY DAMAGE OR LEGAL FEES AND EXPENSES,
SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER’S SERVICE
ACCOUNT, AND/OR USE OF THE EQUIPMENT OR OTHERWISE ARISING IN
CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL
OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER"S RELIANCE ON
THE SERVICES AND/OR EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY
LIABILITY THAT ARISES DIRECTLY OR INDIRECTLY OUT OF THE USE OR
INABILITY TO USE THE SERVICES (INCLUDING THE INABILITY TO ACCESS
EMERGENCY
911
OR
E911
SERVICES),
MISTAKES,
OMISSIONS,
INTERRUPTIONS, FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF
FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS
IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF
OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN
TRANSMISSION, BREACH OF WARRANTY OR FAILURE OF PERFORMANCE OF

3 of 4 P a g e s

THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR
INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY
ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING RELATING TO SERVICES
AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT,
TRADEMARK , TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER
INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD
PARTY. SUDDENLINK"S MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER
THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT
ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER FOR THE
RESPECTIVE REGULAR BILLING PERIOD.
10.
WARRANTIES. CUSTOMER AGREES THAT THE SERVICES AND
EQUIPMENT ARE PROVIDED BY SUDDENLINK ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS
PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES
OF TITLE, NON-INFRINGEMENT MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED
ARE A BEST EFFORTS SERVICE AND SUDDENLINK DOES NOT WARRANT THAT
THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR-FREE OR
WITHOUT INTERRUPTION. SUDDENLINK MAKES NO WARRANTY AS TO
TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK.
ALL USE OF THE SERVICES ARE PROVIDED AT CUSTOMER'S SOLE RISK AND
CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER'S OR ANY
USER'S USE OF THE SERVICES. THE SUDDENLINK PARTIES MAKE NO
WARRANTIES THAT THE SERVICE, EQUIPMENT OR SOFTWARE ARE
COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE
OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR
IN PART TO CUSTOMER EQUIPMENT. THE SUDDENLINK PARTIES MAKE NO
WARRANTY AS TO THE SECURITY OF CUSTOMER'S COMMUNICATIONS VIA
SUDDENLINK'S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT
GAIN
UNAUTHORIZED
ACCESS
TO
OR
MONITOR
CUSTOMER'S
COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE
RESPONSIBILITY TO SECURE CUSTOMER'S COMMUNICATIONS AND THAT THE
SUDDENLINK PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED
WITH SUCH UNAUTHORIZED ACCESS.
11.

Indemnity. Intentionally Deleted.

12.
Miscellaneous. The Agreement constitutes the entire agreement
between Suddenlink and Customer for the Services and equipment provided
herein. The invalidity or unenforceability of any term or condition of this
Agreement shall not affect the validity or enforceability of any other provision.
This Agreement may be modified, waived or amended only by a written
instrument signed by the parties; provided however, that Suddenlink may

modify this Agreement and the AUP and if Customer continues to use the
Service, Customer shall be bound by such modifications. The rights and
obligations of the parties under this Agreement shall be governed by the laws
of the State of Texas.
The failure by either party to exercise one or more rights provided in this
Agreement shall not be deemed a waiver of the right to exercise such right in
the future. Notices required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail, notices
shall be sent by any overnight mail service with proof of receipt; or by certified
or registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this Agreement
shall be addressed to the parties at the addresses on the first page of this
Agreement, or as specified by subsequent written notice delivered by the party
whose address has changed. Suddenlink may also deliver any required or
desired notice hereunder to Customer by contacting the telephone number on
Customer's account. All representations, warranties, indemnifications, dispute
resolution provisions and limitations of liability contained in this Agreement shall
survive the termination of this Agreement, as well as any other obligations of
the parties hereunder which, by their terms, would be expected to survive such
termination or which relate to the period prior to termination (including legal
conditions, payment, and Suddenlink rights and the rights of others).
13.
Regulatory Authority-Force Majeure. This Agreement and the
obligations of the parties shall be subject to modification to comply with all
applicable laws, regulations, court rulings, and administrative orders, as
amended. In no event shall either party have any claim against the other for
failure of performance if such failure is caused by acts of God, natural disasters
including fire, flood, or winds, civil or military action, including riots,
civil insurrections or acts of terrorists or the taking of property by
condemnation. Suddenlink may, in its sole discretion, immediately terminate
this Agreement, in whole or in part, in the event there is a material change in
any law, rule, regulation, Force Majeure event, or judgment of any court or
government agency, and that change affects Suddenlink's ability to perform its
obligations under this Agreement.
14.

ARBITRATION. Intentionally Deleted.

15.
Assignment. Customer may not assign, in whole or in part, this
Agreement without the prior written consent of Suddenlink, which consent may
be withheld in Suddenlink's discretion. Suddenlink may assign, in whole or in
part, this Agreement, and Service may be provided by one or more legally
authorized Suddenlink affiliates.

4 of 4 P a g e s

RFP: IT‐01‐13/PRI,POTS, and Long Distance
        Vendor Proposal

October 7, 2013

Communications Etc

Suddenlink Business

QTY
Rate Extended
DID
625           0.95         593.75
Channel Fee
120         27.00      3,240.00
E911 Fee
554           1.30         720.20
Directory Fee
554           1.30         720.20
CNAM Fee
554           1.30         720.20
Analog Connection Fee
71         37.50      2,662.50
Maintenance Fee
191           2.50         477.50
Verizon locations ‐ not supported by Suddenlink
               ‐
Monthly Cost
     9,134.35

625
554
554
1

        12.00
          3.00
        13.00
  5,000.00

EOC
QTY
25
1
1
1
0

Rate
0.26
230
30
250
0.029
19.95
5.25

Extended
        156.00
    1,150.00
        150.00
    1,250.00
        240.47
    2,513.70
        661.50
        697.00
    6,818.67

Suddenlink Business Setup

Communications Etc Setup
DID Port
E911 Setup
Directory Setup
Wireless Seup
Total Setup

CH
PSC
QTY
QTY
DID
288
287
Channel Fee per 23
2
2
EUCL Fee
2
2
PRI
2
2
Long Distance
8292
Fax/Alarm/Elevator
126
0
EUCL Fee F/A/E
126
Verizon locations ‐ not supported by Suddenlink
Monthly Cost

     7,500.00
     1,662.00
     7,202.00
     5,000.00
   21,364.00

0.00

Verizon Bill
                              8,011.00
                              8,026.00
                              7,938.00
                              7,991.67

NTS Bill
Annual Min
Month Min

99,511.00
   8,292.58

City of San Angelo

Memo
Date:

Thursday, April 04, 2013

To:


From:

Luis Elguezabal, A.A.E., Airport Director

Subject:

Consideration for November 19, 2013 meeting

Contact:

Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010

Caption:

CONSENT
CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE
SUPPLEMENTAL LEASE AGREEMENT NO. 4 TO LEASE GS-07B-15605; ALL
RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND THE
UNITED STATES GENERAL SERVICES ADMINISTRATION (U.S. GSA) AT SAN
ANGELO REGIONAL AIRPORT

Summary:

City staff received a request from the General Services Administration (GSA) to renew the
lease agreement for the Transportation Security Administration (TSA).
TSA will use this space as a break room.
The previous term of this lease ends January 2, 2014. GSA is requesting a 5-year
renewal, ending January 2, 2019. All of the terms and rates coincide with the airport’s
approved rates and charges.

History:

The City currently leases 500 sq. ft. to the GSA, known as the TSA Break room. The
Government would renew this lease for 5 years.

Financial Impact:

The current Lease Agreement generated revenue funds of $1,480.83 monthly or
$17,770 annually for the City of San Angelo
Supplemental Lease Agreement #4 will generate revenue funds of $1,522.50 monthly or
$18,270 annually for the City of San Angelo in years one and two escalating to $18,770
annually in year three; $19,270 annually in year four; and $19,770 annually in the final
year.

Related Vision Item

Provide Adequate Amenities for the Airport.

Other Information/
Recommendation:

Staff recommends approval

Attachments:

Supplemental Lease Agreement #4

Presentation:

None

Publication:

None

Reviewed by Director:

Luis Elguezabal, A.A.E., Airport, 09-27-13

Approved by Legal:

City Attorney Lysia H. Bowling 11/1/13

City of San Angelo

Memo
Date:

November 6, 2013

To:


From:

Cindy M. Preas, Real Estate Administrator

Subject:

Consent Item for November 19, 2013 Council Meeting

Contact:

Cindy M. Preas, Real Estate Administrator, 657-4407

Caption:

Consider authorizing the City Manager or his designee to establish the fair market
value of 0.067 acres of surplus property adjacent to Lot 1, Block 1, Group 4, Lake
Nasworthy Addition, City of San Angelo, Tom Green County, in southwest San
Angelo, for purposes of disposing of surplus property and the authority to execute all
documents necessary to convey the surface estate only in the surplus property by
Special Warranty Deed to the adjacent lot owner, reserving unto the City of San
Angelo blanket drainage and utility easements

Summary:

The property owner of Lot 1, Block 1, Group 4, Lake Nasworthy Additions, which
is adjacent to the surplus 0.067 acres of land described in the caption above,
approached the Water Utilities Department regarding a possible acquisition of
this property for landscaping use, to be maintained by the property owner. In
assessing the request, it was determined that the 0.067 acres of land has been
determined to be surplus property and City staff has no objections to conveying
this property.

History:

State law allows for a tract of property which is not necessary to the municipality and is not
buildable to be sold to an adjacent property owner (and only an adjacent property owner)
for its fair market value.
The fair market value will include an amount discounted for the following factors:
retaining of blanket easements by both the City and external utility companies
and size of the property.

Financial Impact: No cost, profit of appraised value.
Related Vision Item (if applicable): None.
Other Information/Recommendation: Staff recommends approval.
Attachments: Graphic representation of subject property; field notes, Special Warranty Deed
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Lysia H. Bowling, City Attorney.

Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, November 6, 2013

City of San Angelo

Memo
Date:

November 5, 2013

To:


From:

Cindy Preas, Real Estate Administrator

Subject:


Contact:

Cindy Preas, Real Estate Administrator

Caption:

Consent Item
Consideration of authorizing the sale of the following properties for the appraised value and
authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary
legal documents pertaining to the sale of subject properties, subject to completion of all
curative requirements.

Summary:

Dennis L. Durham and Norma Durham
Lot 56, Group Red Bluff
Lung K. Ng and Rose L. Ng
Lot 11A, Block 1, Group 10

History:

3005 Red Bluff Circle
$93,700
2171 Gun Club Road
$23,900

None.

Financial Impact: Upon approval, proceeds from the sale of residential lake lots will be placed in
the Lake Nasworthy Trust Fund.
Related Vision Item (if applicable): None.
Other Information/Recommendation: If the sales are approved at the appraised value, a title
examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special
Warranty Deed and Surrender of Lease, as previously approved by City Council.
Staff recommends approval.
Attachments: Appraisal Reports (Durham and Ng)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Lysia H. Bowling.
Reviewed by City Attorney: Lysia H. Bowling

City of San Angelo

Memo
Date:

November 12, 2013

To:


From:

Rick Weise, Assistant City Manager

Subject:


Contact:

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

Caption:

Consent Item

Summary:

History:

Consideration of adopting a Resolution authorizing the City Manager to execute a
License Agreement for Aerial Deck and Supporting Structures between the City of
San Angelo and 333 South Chadbourne LLC for constructing and maintaining one
aerial deck and six (6) supporting structures on and over City owned property, and
such other instruments as may be necessary or convenient for carrying out such
purposes; and, finding a public purpose and benefit therein
333 South Chadbourne LLC (Licensee) is requesting a license to use the north
eighteen (18) feet of the west one hundred one (101) feet of Lot 4, of the O. B.
Sampson Subdivision of Lots 1 to 10 in Block B of the Main Part of the City of San
Angelo, as shown on Exhibit “A.” If approved, the Licensee plans to utilize the
licensed area for an aerial deck and six deck support structures.
City of San Angelo owns certain real property (“Licensed Premises”) abutting the
South Concho River to the south and property identified as 333 South
Chadbourne to the north.
The building located at 333 South Chadbourne Street is owned by Licensee and is
within the Central Business District and the Downtown Development District.
Licensee’s renovation plans for the building include the addition of an aerial deck
and six deck supporting structures.
City reserves the right to use Licensed Premises below the aerial deck, and
Licensee’s deck support structures and aerial deck foundation, for City’s purposes
to include construction of additional improvements on Licensed Premises in City’s
sole discretion.

Financial Impact:

None

Related Vision Item
(if applicable):
Other Information/
Recommendation:


Attachments:

License Agreement for Aerial Deck and Supporting Structures and Resolution

Presentation:

N/A

Publication:

N/A

Reviewed by
Director:
Approved by Legal:

Lysia H. Bowling, City Attorney

A RESOLUTION OF THE CITY OF SAN ANGELO CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENT FOR AERIAL DECK AND SUPPORTING STRUCTURES
BETWEEN THE CITY AND 333 SOUTH CHADBOURNE LLC FOR
CONSTRUCTING AND MAINTAINING ONE AERIAL DECK AND SIX
SUPPORTING STRUCTURES ON AND OVER CITY-OWNED
PROPERTY IDENTIFIED AS LOT 4 OF THE O. B. SAMPSON
SUBDIVISION OF LOTS 1 TO 10 IN BLOCK B OF THE MAIN PART OF
THE CITY OF SAN ANGELO, AND SUCH OTHER INSTRUMENTS AS
MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH
PURPOSES; AND FINDING A PUBLIC PURPOSE AND BENEFIT
THEREIN.
WHEREAS, City of San Angelo owns certain property identified as Lot 4 of the O. B.
Sampson Subdivision of Lots 1 to 10 in Block B of the Main Part of the City of San Angelo
(“Licensed Premises”); and,
WHEREAS, 333 South Chadbourne LLC (“Licensee”) owns property and a building
located at 333 South Chadbourne Street, being within the Central Business District and the
Downtown Development District and adjacent to Licensed Premises; renovation plans to said
building include the addition of a deck and support structures; and,
WHEREAS, Licensee’s would like to utilize Licensed Premises for purposes of
constructing and maintaining the aerial deck and six deck supporting structures; and
WHEREAS, City reserves the right to use Licensed Premises below the aerial deck,
Licensee’s deck support structures and aerial deck foundation for City’s purposes to include
construction of additional improvements on Licensed Premises; and
WHEREAS, the City Council has determined that the granting of the application for a
license for purposes of constructing and maintaining the aerial deck and six (6) support structures
over a portion of the city-owned property will be in the public interest and benefit:
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS THAT:
The recitals hereinabove stated are found to be true and correct and are incorporated
herein and made a part of this resolution.
The City Council of the City of San Angelo, Texas, hereby determines that there is a
public necessity for, and the public welfare and convenience will be served by granting said
License Agreement for Aerial Deck and Supporting Structures to 333 South Chadbourne LLC.
The City Manager is hereby authorized to execute a License Agreement for Aerial Deck
and Supporting Structures with 333 South Chadbourne LLC on behalf of the City of San Angelo
for purposes of constructing and maintaining one aerial deck and six (6) supporting structures

over city-owned property identified as Lot 4 of the O. B. Sampson Subdivision of Lots 1 to 10 in
Block B of the Main Part of the City of San Angelo, Tom Green County, Texas, and such other
instruments as may be necessary or convenient for carrying out such purposes.

PASSED and APPROVED THIS

DAY OF

, 2013.


Dwain Morrison, Mayor
ATTEST:


APPROVED AS TO CONTENT

APPROVED AS TO FORM

Rick Weise, Assistant City Manager


City of San Angelo

Memo
Date:

October 30, 2013

To:


From:

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

Subject:


Contact:

Diana Farris, Property Specialist (657-4407)

Caption:

Consent Item
Consideration of adopting 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 or Tax Warrant:
2118 Shelton, (Stephens), S 50' of N 100' of W 150' of Lot 7, Block 3,
Home Acres, $1,886, Suit No. A-11-0193-TAX

Summary:

The subject property was auctioned at Sheriff’s Sale. No offers were received
causing subject properties 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, Tex.
Propety

Financial Impact:

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

Related Vision Item

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

(if applicable):

Neighborhood Vision – Attract reinvestment

Other Information/
Recommendation:


Attachments:

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

Presentation:

N/A

Publication:

N/A

Reviewed by
Director:


Approved by Legal:

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

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, the properties described below were struck-off to the City of
San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 51st Judicial District,
Tom Green County, Texas; and
WHEREAS, offers have been made for the purchase of said properties 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, Dwain Morrison, is hereby authorized to execute a Tax-Resale
(quitclaim) Deed conveying the following described real properties to the following as specified
below, all of the right, title, and interest of the City of San Angelo, and all other taxing units
interested in the tax foreclosure judgment, located in San Angelo, Tom Green County, Texas:
Conveying to:
CHARLES C. STEPHENS and AARON STEPHENS, III; ($1,886):
South 50 feet of the North 100 feet of the West 150 feet of Lot 7, Block 3, Home Acres Addition,
City of San Angelo, Tom Green County, Texas, as described in a deed recorded in Volume 854,
Page 534, Deed Records, Tom Green County, Texas.
Account #15-28100-0003-016-00

APPROVED AND ADOPTED ON THE

DAY OF

, 2013.

_______________________________

ATTEST:
______________________________
Approved As To Content:

Approved As To Form:

______________________________
Cindy M. Preas, Real Estate Administrator

______________________________

City of San Angelo
Finance Department

Memo
Date:

October 25, 2013

To:


From:

Morgan Chegwidden, Budget Manager

Subject:


Contact:

Morgan Chegwidden, Budget Manager, 653-6291

Caption:

Regular (1st reading)

Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2013-2014 Budget
for a contract change order.
Summary:

This proposed amendment contains the following item (additional information

attached):
•
History:

Airport Terminal Project Change Order

See attached Budget Amendment Request memorandum.

Financial Impact: $29,286 (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 Director: Tina Bunnell, Director of Finance

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A CONTRACT
CHANGE ORDER.

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 2013-2014 be amended by the amounts contained in
Exhibit A.

INTRODUCED on the 5th day of November, 2013, and APPROVED and ADOPTED on
this the 19th day of November, 2013.

CITY OF SAN ANGELO, TEXAS

__________________________________
ATTEST:
__________________________________
Approved as to Content and Form:
__________________________________
Tina Bunnell, Director of Finance

City of San Angelo
Proposed Budget Amendment
Exhibit A

Fund

Total
Revenue
Amendment

Total
Expense
Amendment

Net
Benefit/(Cost)

0

Description

14,643

(14,643)

14,643

14,643

0

14,643

29,286

(14,643)

COSA Operating Budget

529

Passenger Facility
Charge Fund

530

Airport Federal Aviation
Administration Projects
Fund

Totals

City of San Angelo
Proposed Budget Amendment
Additional Information

Net Benefit/
(Cost)

Project/Need

Source of Funding

Airport Terminal Project Change Order

Passenger Facility
Charge Fund – Fund
Balance

14,643

29,286

(14,643)

Totals

14,643

29,286

(14,643)

Revenue

Expense

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: 5050 Lake Drive, located approximately 800 feet
southeast of the intersection of North Chadbourne Street and Lake Drive;
more specifically occupying the Julia A. Bailey Subdivision, being 4.384
acres out of the south part of Block 8, Lot 2, in northwest San Angelo,
changing the zoning classification from a Ranch & Estate (R&E) and
General Commercial/Heavy Commercial (CG/CH) to a General
Commercial (CG) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY

RE:


WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with
reference to zoning regulations and a zoning map, have given requisite notice by publication
and otherwise, and after holding hearings and affording a full and fair hearing to all property
owners and persons interested, generally, and to persons situated in the affected area and
in the vicinity thereof, is of the opinion that zoning changes should be made as set out
herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within
Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is
hereby amended insofar as the property hereinafter set forth, and said ordinance generally
and the zoning map shall be amended insofar as the property hereinafter described: 5050
Lake Drive, located approximately 800 feet southeast of the intersection of North
Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey
Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest
San Angelo shall henceforth be permanently zoned as follows: General Commercial (CG)
District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the
Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the
Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY:
The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not
affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY:
Any person who violates any provisions of this article shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine as provided for in
Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of
such violation shall constitute a separate offense.

INTRODUCED on the 5th day of November, 2013 and finally PASSED, APPROVED AND
ADOPTED on this the 19th day of November, 2013.

THE CITY OF SAN ANGELO

____________________________________
ATTEST:

________________________________



_________________________
AJ Fawver, Planning Manager

________________________

City of
Angelo

San

Memo
Meeting Date:

November 5, 2013

To:

City Council members

From:

Jeff Hintz, Interim Senior Planner

Subject:

Z 13-36 SAS Texas Properties LLC: A request for approval
of a zone change from Heavy Commercial (CH) to General
Commercial (CG) to specifically allow for a "Retail Sales &
Service" as defined in Section 315.G of the Zoning
Ordinance on the following property:

Location:

An unaddressed tract, located approximately 800 feet south
from the intersection of Humble Road & North Bryant
Boulevard. This property specifically occupies the Lakeside
Gardens Addition, Block One, Lots 28-31 in northwestern San
Angelo.

Purpose:

Approval of this request would zone the property General
Commercial

Contacts:

Nathan McQuillan, representative
Jeff Hintz, Interim Senior Planner

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

325-515-4141
325-657-4210

Z 13-36: SAS Texas Properties LLC
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO,
TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12
ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A
ZONING
MAP,
IN
ACCORDANCE
WITH
A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING
AND CLASSIFICATION OF THE FOLLOWING PROPERTY,
TO WIT: An unaddressed tract, located approximately

800 feet south from the intersection of Humble Road &
North Bryant Boulevard. This property specifically
occupies the Lakeside Gardens Addition, Block One,
Lots 28-31 in northwestern San Angelo, changing the
zoning classification from Heavy Commercial (CH) to
General Commercial (CG) District; PROVIDING FOR

Summary: The City Council may:
(1) Approve the proposed zone change; or
(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:
zone change.

Planning staff recommends approving the proposed

On October 21, 2013 the Planning Commission recommended approval of this
request 6-0.
History and Background:
General Information
Existing Zoning:

Heavy Commercial (CH)

Existing Land Use:

Undeveloped,
billboard.

vegetated

property

with

Surrounding Zoning/Land Use:
North:
West:
South:
East:

RS-1
ML
CG & RS-1
RS-1

Thoroughfares/Streets:

Undeveloped, vegetated property
Outdoor storage & golf course
Neighborhood & self-service warehouses
Low density single-family residences

The North Bryant Boulevard is defined as
an "arterial" 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.

Zoning History:

This property was incorporated within City
Limits prior to 1949 and retained a
residential zoning status until June 27,
1997, when it was rezoned to Heavy
Commercial (ZC97-28).
SU 13-06 was
a request for a
Campground/RV Park on the subject
property which was tabled by the Planning
Commission.

Applicable Regulations:

Allowed uses for this property can be
found in Section 310 (Use Table) of the
Zoning Ordinance.

Vision Plan Map:

Commercial
&
Neighborhood

Comp Plan Excerpts:

Within the Comprehensive Plan, Goal 3 of
“Neighborhoods” is to “improve the
relationship between adjacent commercial
and residential properties”.

small

portion

of

“Commercial properties tend to be
organized in a single use, isolated pattern
of development. This form generates little
synergy between businesses and land
uses and often results in incompatibility.”
“All residents within each neighborhood
boundary should be able to meet their
daily needs within a reasonable and
accessible
distance from their home.”
“Promote better transition between nearby
commercial and residential use of land and
buildings.”
“Organize commercial uses in nodes to
avoid deteriorating corridors.”
Special Information
Traffic Concerns:

Changing the zoning from a higher
intensity commercial classification to
another
slightly
lower
commercial
classification is not anticipated to

Parking Requirements:

Section 511 of the Zoning Ordinance
covers parking improvement standards
and amounts. Retail Sales & Service
requires 1 space per 200 square feet
devoted to retail space.

Parking Provided:

No parking exists on this property at this
time.

Density:

This area sees very low density
development, but is generally sparsely
developed and remains in a natural state.

Notification Required:

Yes

Notifications Sent:

19

Responses in Favor:

1

Responses in Opposition:

1

Analysis:
In order to approve this zone change request, the City Council members are first
required to consider the following criteria:
1. Compatible with Plans and Policies. Whether the proposed amendment is
compatible with the Comprehensive Plan and any other land use policies adopted
by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the
proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the
proposed amendment is compatible with existing and proposed uses surrounding
the subject land and is the appropriate zoning district for the land.
4. Changed Conditions. Whether and the extent to which there are changed
conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed
amendment would result in significant adverse impacts on the natural
environment, including but not limited to water and air quality, noise, storm water
management, wildlife, vegetation, wetlands and the practical functioning of the
natural environment.
6. Community Need. Whether and the extent to which the proposed amendment
addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed
amendment would result in a logical and orderly pattern of urban development in
the community.
The staff recommendation is based upon the statements listed below.
Staff has found this request to be compatible with the plans and policies adopted
by the city. Generally speaking, a Heavy Commercial (CH) zoning district is
never appropriate directly adjacent to a neighborhood or residential zoning
district in any circumstance. The neighborhood to the south (cul-de-sac and most
residences Erin Street) of this subject property was zoned General Commercial
(CG) until 2010 when it was rezoned to Single-Family Residential (RS-1) in
accordance with the homes that had been there since the mid to late 1980's.
However, there was no action taken to remove the CH zoning directly adjacent to
this neighborhood. CH allows for Industrial Uses and repair, open and
unscreened storage yards, warehouses and freight movement, and full service
auto repair among other uses; generally speaking, none of these belong adjacent
to a neighborhood with a 10 foot setback for buildings and 6 foot privacy fence as
the only buffer.
Rezoning to General Commercial gives the property more flexibility in terms of
uses, but at the same time reduces the intensity of the uses drastically. Retail
Sales and Service (hotels, restaurants, stores, offices, etc) are all uses that
would be allowed in CG but not in CH zoning. These uses are much more
palatable with the surrounding area when contrasted to the uses allowed in CH. If
the zone change were not approved and the property was left with the current
zoning, it could be developed as an Industrial Service shop repairing oil field
tools and storing large amounts of aggregate materials for example. Staff has
found the CG zoning to be in line with the goals and intent of the Zoning
Ordinance and plans and policies adopted by the city when contrasted with the
CH zoning in place at this time.
CG zoning is consistent with this area and would in this case, be extending a CG
zone to the northwest. The self service storage facility and multi-family dwelling
units to the southeast of this property are also zoned CG. This would create a
contiguous CG zone in this area and lead to development patterns that are
consistent and predictable which is the intent of the City Zoning Ordinance. The
CH zoning district in place at this time could lead to development at an intensity
that is not consistent nor compatible with the surrounding development or
neighborhood. While the property is undeveloped at this time, it is not realistic to
expect a property along a major gateway into the community to remain vacant
forever. Should the property develop to the fullest extent under its current zoning,
the impacts on the neighborhood and the deterioration of the quality of life in this
area is very realistic. The CG zoning is at an intensity and density that is

consistent with that of the neighborhood and other uses in the area at this time,
therefore meeting criteria three required of this request.
The Comprehensive Plan is calling for this parcel to be developed commercially,
with a small sliver in the back calling for neighborhood. Given the problems in
maintaining split zoned lots, staff would be inclined in this instance to recommend
rezoning the entire property CG. The back triangular shaped portion calling for
neighborhood development is approximately one acre; due to the fact that Erin
Street has no possibility whatsoever of ever affording access for neighborhood
development on this one acre section, it would be advisable to zone the property
with one designation. An amendment to the Comprehensive Plan is not required
for this request given that the overwhelming majority of this property and intent of
the plan is calling for commercial development on this parcel.
The community needs neighborhoods that are affordable and free from obtrusive
and intensive zoning districts and land uses in close proximity. Staff can find no
justification for leaving a CH zoned parcel directly adjacent to that of RS-1
parcels which are currently developed with medium density residences.
Additionally, some neighborhood serving retail along this highway frontage could
bring future jobs and services to a segment of the community which has but one
major area along Bryant & 29th at this time. While walking is practical to this
area, it is certainly not convenient, ideal, or even safe. The lack of sidewalks
along Bryant Boulevard and Lake Drive coupled with the higher speeds and
limited pavement width respectively make pedestrian travel to the 29th Street
area problematic. Retailing opportunities in this area are not possible with the
current zoning on the property at this time.
Staff would anticipate development patterns of the area and region to remain
logical and orderly as a result of this zone change. The CG zoning presents a
much more orderly pattern of development for this area than what CH zoning
could ever afford. This will result in the continuation of an existing CG district and
will much better protect the adjacent properties from noxious and intensive land
uses. For all these reasons, staff recommends approval of this zone change
request.
Proposed Conditions
N/A

Attachments:

excerpt from zoning map, showing the general
location within the City of San Angelo;
excerpt from zoning map, highlighting subject
property;

aerial photo, highlighting subject property;
excerpt from the Comprehensive Plan Vision
Map highlighting the subject property;
Draft minutes from October 21, 2013 Planning
Commission;
Citizen responses to notice of Zone Change;
and
draft ordinance.
Presentation:

Jeff

Hintz,

Interim

Senior

Planner

B. Z 13-36: SAS Texas Properties LLC
A request for approval of a zone change from Heavy Commercial (CH) to
General Commercial (CG) to specifically allow for a "Retail Sales & Service" as
defined in Section 315.G of the Zoning Ordinance on the following property:
An unaddressed tract, located approximately 800 feet south from the intersection
of Humble Road & North Bryant Boulevard. This property specifically occupies
the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San
Angelo.
Jeff Hintz, Interim Senior Planner comes forward to present this case consistent
with staff's recommendation of approval. 19 notifications were sent and one was
returned in favor one was in opposition. Mr. Hintz presented area maps and
pictures of the site. Much of the proposed zoning is consistent with the Vision
Plan. Self-storage warehouses and apartments are located to the south of the
property. A zone change request from RS-1 to CH in 1997 is when the property
obtained its current designation. Some commercial zoning already surrounds the
property. This request represents consistent and orderly development in the
area. CG will have less potential impacts on the environment and offers a
suitable transition to the residential zoning to the east and south when compared
to the CH zoning on the site now.
Darlene Jones asks if the entire property is the subject to this zone change.
Valerie Priess mentions that changing the zoning will make things better for the
surrounding area than the current zoning.
Nathan McQuillian a representative came forward to speak in favor of the
request.
No one else came forward to speak in favor or opposition
Mark Crisp made a motion to approve the zone change, which was seconded by
Bill Wynne and passed 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF
CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A
ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY
CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING
PROPERTY, TO WIT: An unaddressed tract, located approximately 800
feet south from the intersection of Humble Road & North Bryant
Boulevard. This property specifically occupies the Lakeside Gardens
Addition, Block One, Lots 28-31 in northwestern San Angelo, changing
the zoning classification from Heavy Commercial (CH) to General
Commercial (CG) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY

RE:

Z 13-36:

SAS Texas Properties LLC

WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with
reference to zoning regulations and a zoning map, have given requisite notice by publication
and otherwise, and after holding hearings and affording a full and fair hearing to all property
owners and persons interested, generally, and to persons situated in the affected area and
in the vicinity thereof, is of the opinion that zoning changes should be made as set out
herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within
Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is
hereby amended insofar as the property hereinafter set forth, and said ordinance generally
and the zoning map shall be amended insofar as the property hereinafter described: An
unaddressed tract, located approximately 800 feet south from the intersection of
Humble Road & North Bryant Boulevard. This property specifically occupies the
Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo shall
henceforth be permanently zoned as follows: General Commercial (CG) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the
Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of
Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY:
The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not
affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY:
Any person who violates any provisions of this article shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine as provided for in
Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of
such violation shall constitute a separate offense.

INTRODUCED on the 5th day of November, 2013 and finally PASSED, APPROVED AND
ADOPTED on this the 19th day of November, 2013.

THE CITY OF SAN ANGELO

____________________________________
ATTEST:

________________________________



_________________________
AJ Fawver, Planning Manager

________________________

City
of
Angelo

San

Memo
Meeting Date:

November 5, 2013

To:

City Council members

From:

Roxanne Johnston, Planner

Subject:

Z13-34: The River San Angelo Church, Inc., a request for
approval of a zone change from Ranch & Estate (R&E) and
General Commercial/Heavy Commercial (CG/CH) zoning
districts to General Commercial (CG) to allow for a variety of
commercial opportunities as allowed in Section 310 of the
Zoning Ordinance on the following property:

Location:

5050 Lake Drive, located approximately 800 feet southeast
of the intersection of North Chadbourne Street and Lake
Drive; more specifically occupying the Julia A. Bailey
Subdivision, being 4.384 acres out of the south part of Block
8, Lot 2, in northwest San Angelo.

Purpose:

Approval or modification of this zone change request by the
City Council would designate the subject property as a
General Commercial (CG) Zoning District.

Contacts:

Chunky Nelms, Pastor
Roxanne Johnston, Planner

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

325-374-8000
325-657-4210

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:
5050 Lake Drive, located
approximately 800 feet southeast of the intersection
of North Chadbourne Street and Lake Drive; more
specifically occupying the Julia A. Bailey Subdivision,
being 4.384 acres out of the south part of Block 8, Lot
2, in northwest San Angelo, changing the zoning
classification from a Ranch & Estate (R&E) and
General Commercial/Heavy Commercial (CG/CH) to a
General Commercial (CG) District; PROVIDING FOR

Summary: The City Council may:
(1) Approve the proposed zone change;
(2) Modify the application to some alternative zoning classification believed to be
more appropriate; or
(3) Deny the proposed zone change
Recommendation: Planning staff recommends approving the proposed
zoning classification to General Commercial (CG).
Planning Commission unanimously recommended approval of this request by a
vote of 6-0 on October 21, 2013.
History and Background:
The subject property is the site of what was intended as a future
church. Two conditional uses, CU09-02 & CU11-06 were given
allowing the operation of a religious institution in otherwise R&E
and CG/CH zoning districts. CU9-02 was approved by the
Planning Commission on February 16, 2009 but expired because
a building permit was not obtained within the year’s time required.
On May 15, 2011 the applicant was given another approval for the
same usage and subsequently applied for a building permit
whereby the site now houses an approximately 13,096ft 2 metal
building .
Rezoning the property to CG would allow the following uses: group
living; alcohol and drug recovery facilities; college, school, public &

nonprofit, or charitable uses providing service to the community;
day care for children or adults; meeting areas for religious
institutions; public safety and emergency services; auto and boat
dealerships; bed & breakfast; business, government, professional,
medical or financial offices; commercial parking; retail sales; selfservice storage; vehicle service (performed while the customer
waits) vehicle wash; small animal veterinary clinic; personal
service-oriented business; entertainment-oriented business; and
restaurants. CG zoning districts allow Type 2 Limited Outdoor
Storage.
Uses allowed in CG/CH zoning districts include the above plus the
following: industrial services, warehouse and freight movement,
waste-related uses, wholesale trade, and plant nurseries. It also
allows for Type 3 General Outdoor storage.
The replat for the subject property was recorded with Tom Green
County on June 29, 2011.
General Information
Existing Zoning:

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

Existing Land Use:

Vacant building

Surrounding Zoning/Land Use:
North:
West:
South:
East:

R&E, CG/CH
ML
R&E
R&E & CG/CH

Apartments
Vacant property, residential
Vacant property, residential
Vacant property

Thoroughfares/Streets:

Lake Drive is identified as a "local street",
designed to carry light neighborhood traffic
at lower speeds and generally connects to
collector streets.

Zoning History:

The property was annexed within the citylimits prior to 1950 and was originally all
R&E until parts of the property were given
C-2 zoning (Heavy Business) in the mid
1950’s which became CG/CH zoning in
2000. CU09-02 & CU11-06 are discussed
in the History and Background section,
above.
Section 303. Residential Intent Statements

Applicable Regulations:

"A. The Ranch and Estate District is
intended to provide opportunities for
development of low density, detached
single-family residences on lots of at least
one acre in a suburban or rural setting.
The District is also intended to serve as a
holding zone for vacant land areas
annexed to the City."
Section 304. Commercial District Intent
Statements
"C. CG (General Commercial) District. The
General Commercial District is intended to
provide opportunities for development of
commercial establishments of higher
intensity, with larger trade area, floor area
and traffic generation than Neighborhood
Commercial uses. Limited outdoor storage,
screened from adjacent residential uses,
may be appropriate.
Section 509 of the Zoning Ordinance
addresses fencing as a screening
mechanism. Any time a commercial use
abuts a residential district or use (other
than an R&E zoning district), an opaque
privacy fence is required.
Nonresidential district standards are
outlined in Section 502 of the Zoning
Ordinance
whereas
Residential
development standards are outlined in
Section 501.
Development Standards:

All required off-street parking and the
connection(s) to a public right-of-way are
required to be paved.
General Commercial (CG) requires a 25
feet front setback for commercial
structures. No side or rear setback are
required in commercial districts unless the
lot abuts a residential district or use, where
a minimum of 10 feet is required, per
Section 502.
The maximum floor area or gross floor
area of all buildings on the lot divided by
the total area of the lot in an area zoned

CG is 2, twice the area of the lot, per
Section 502 of the Zoning Ordinance.

Vision Plan Map:

Neighborhood Center & Commercial

Related Comp Plan Excerpts: “Promote better transition between nearby
commercial and residential use of land and
buildings.”
"Require a buffer separating commercial,
industrial, or agricultural zoned lands from
neighborhoods."
"...encourage appropriate and supportive
infill development at Neighborhood
Centers."
"Promote a mix of various uses...to
encourage
the
necessary
infill...for
Neighborhood Centers."
"Establish transition areas to better "scaledown" intensity of use from commercial
centers to neighborhoods."
"...this [access to Neighborhood Centers]
is best achieved through clustered
commercial centers, but also through
increased access and connectivity
between the neighborhoods and their
associated Neighborhood Centers."
"...slowly reorganize commercial corridors
into clusters..."
"Create new physical connections to
neighborhoods lined with transitional and
intermediate uses."

“Eliminate
uncomplimentary
and
incompatible zoning classifications
from neighborhood plans,”
“Rezone or remove any CG/CH zoning
from
adjacent
to
existing
neighborhoods.”
Special Information

Traffic Concerns:

Changing to a more intensive zoning has
the potential to generate additional traffic
than if the property remained as-is. The
property remains vacant and little to no
traffic is generated by the site.

Parking Requirements:

Vary depending upon the use of the
property, see Section 511 of the Zoning
Ordinance.

Parking Provided:

No
parking
exists
on-site,
once
development occurs, parking will be
required.

Density:

Low density development borders the
south, east and west boundaries of the
subject
property.
Higher
density
commercial use (single-level apartments)
lie to the north; however, at this time only a
few units are occupied.

Notification Required:

Yes

Notifications Sent:

11

Responses in Favor:

1

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.

November 19, 2013 Agenda Packet

November 19, 2013 Agenda Packet

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November 19, 2013 Agenda Packet