1. 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, February 7, 2012
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Recognition
City of San Angelo Recreation “Chargers” Team, 8 and under, Texas Amateur Athletic Federation
(TAAF) State Flag Football 2011Champions” to be accepted by Anthony Chappa, Head Coach, Terrance
Dunn, Assistant Coach, and Cody Elliott, Assistant Coach
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.
II. CONSENT AGENDA
1. Consideration of approving the January 17, 2012 City Council Regular meeting minutes
2. Consideration of rejecting formal bid VM-01-12 for a digger derrick
3. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed for the sale of a
Tax Lot located at 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey
Subdivision, $10,250, Suit No. B-09-0014-T
4. Consideration of approving a residential lease renewal Lot 57, Group Fishermans Road, 2690 Sleepy
Hollow Road (Greenshaw), and authorizing the Water Utilities Director to execute the same
5. Consideration of approving Galilee Community Development Corporation request for recertification
as a Community Development Housing Organization (CHDO) in accordance to HUD regulations at
24 CFR 92.2
City Council Agenda Page 1 of 5 February 7, 2012
2. 6. Consideration of authorizing the City Manager to execute a Lease Agreement between the City of San
Angelo and Shannon Health Systems for the Health Department Nursing Division office space at 2030
Pulliam, Suite 8
7. Consideration of authorizing the City Manager to execute an agreement and related documents
between the City of San Angelo and Frontier Associates, LLC, a contractor hired by ATMOS Energy
for the execution of a low income weatherization program for San Angelo citizens who are ATMOS
customers
8. Consideration of adopting a Resolution authorizing the City Manager or his designee to establish the
Addendum fair market value of 8,938 square feet of excess right-of-way adjacent to Beaty Road and Lot 14E,
Block 1, Group 1, Section 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in
southwest San Angelo, for purposes of realigning a portion of Beaty Road and the authority to execute
all documents necessary to convey the remaining excess right-of-way to the adjacent lot owner,
reserving unto the City of San Angelo blanket drainage and utility easements; and authorizing the City
Manger or his designee to file an amended plat to formalize the realignment of a segment of Beaty
Road and the adjoining property line for said Lot 14E
9. Consideration of adopting a Resolution authorizing a request to release of a 20 foot by 1484 foot a
Addendum
utility easement located within the bounds of lots 16 thru 21 and lots 23 thru 36 in Lake Nasworthy
Addition, group Red Bluff, Section 2 of the Lake Nasworthy Addition, Lots 16 thru 21 and 23 thru 36,
along the north half of Red Bluff Circle, in southwest San Angelo and providing for the Mayor to
execute and deliver a legal instrument formally releasing and discharging such easement
10. Second Hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for
new projects
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR
NEW PROJECTS
11. Second hearing and consideration of adoption of an Ordinance amending Appendix A, Article 8.000,
Section 8.200 Monthly Water Rates
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED
“MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY;
AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES
FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN
EFFECTIVE DATE
12. Second Hearing and consideration of adoption of an Ordinance ordering the General Election for May
12, 2012 (Primera Audiencia Pública y consideración de la introducción de una ordenanza que pide la
Elección General para el 12 de mayo de 2012):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,
ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF
MAY, 2012, FOR THE PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING
PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND
OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE;
AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA DEL CONSEJO DE LA
CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN GENERAL PARA LA
ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE MAYO DE 2012;
ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA DE
DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA
ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA)
City Council Agenda Page 2 of 5 February 7, 2012
3. III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.074 to discuss the appointment, employment, reassignment, and duties of
the interim City Manager
G. PUBLIC HEARING AND COMMENT
13. Presentation of the 4th Quarter 2011 Report from the Chamber of Commerce Economic Development
Council and the Convention & Visitors Bureau (CVB)
(Presentation by CVB Vice President Pamela Miller and Vice President for Economic Development
John Dugan)
14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 12-01: Paul Jost
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 226, 230, & 236 West 2nd Street, approximately 125 feet east
from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying
the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo, changing the zoning
classification from General Commercial/Heavy Commercial (CG/CH) and Office Warehouse (OW) to
General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A
PENALTY
(Presentation by Planning Manager AJ Fawver)
15. Second hearing and consideration of adoption of an Ordinance amending Chapter 11, Article 11.200
Water Conservation and Drought Contingency Plan of the Code of Ordinances, City of San Angelo
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY,
AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY
PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING
FOR AN EFFECTIVE DATE
(Presentation by Water Utilities Director Will Wilde)
16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 11
regarding drip irrigation of the Code of Ordinances, City of San Angelo
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF
THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202
(11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND
WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17)
TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER
SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING
FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
(Presentation by Water Utilities Director Will Wilde)
City Council Agenda Page 3 of 5 February 7, 2012
4. 17. Discussion of speed limit on Foster Road from Loop 306 Frontage Road South through Butler Farms
Subdivision and any action in connection thereto
(Presentation by City Engineer Clinton Bailey)
18. Consideration and possible action of the possible formation of a temporary committee to study and
recommend improvements to the pedestrian and vehicular right of ways on and around Gun Club Hill,
including Gun Club Road and Hillside Drive
(Presentation by City Engineer Clinton Bailey)
19. Consideration of dredging the Ivie Intake Pump Station Channel and any action in connection thereto
(Presentation by Water Utilities Director Will Wilde)
20. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ)
Board for approval of the following for pedestrian improvements along Chadbourne Street from the
intersection with Concho Avenue north to the proposed Multimodal Transportation Facility at the
intersection of North Chadbourne and 5th Street, any related budget amendments and any action in
connection thereto
a. Consideration of approving the Preliminary Downtown Pedestrian Improvement Plan concept (New
Freedom Grant/TIRZ-funded); and
b. Consideration of approving a bidding concept in which the project will ultimately be advertised
with a base bid and up to six bid alternates
(Presentation by Community and Economic Development Director Shawn Lewis)
21. Consideration of matters related to the Tax Increment Reinvestment Zone (TIRZ) Board:
a. Consideration and possible action of a recommendation by the Tax Increment Reinvestment Zone
(TIRZ) Board approving a Project Plan and Reinvestment Zone Financing Plan
b. First Public Hearing and consideration of introduction of an Ordinance approving the TIRZ Project
Plan and Reinvestment Zone Financing Plan
AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK
TO DISTRIBUTE SUCH PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE
FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN
EFFECTIVE DATE
(Presentation by Community and Economic Development Director Shawn Lewis)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
22. Consideration of matters discussed in Executive/Session, if needed
23. Consideration of various at-large nominations by Council:
a. Construction Board
b. Downtown Development Commission
c. Tax Increment Reinvestment Zone
24. Consideration of various Board nominations by Council and designated Councilmembers:
a. Animal Shelter Advisory Committee: Mary White, DVM, (SMD5) to a 1st full term January 2014
b. Ft. Concho Museum Board: Greg Stephens (Mayor) to a 2nd full term January 2015 and Robert
Rainey (SMD1) to a 1st full term January 2015
c. Planning Commission: Sebastian Guerrero (Mayor) to a 1st full term January 2015
d. Water Advisory Board: Joe Spano (SMD6) to fill an unexpired term September 2012
City Council Agenda Page 4 of 5 February 7, 2012
5. 25. Consideration of Future Agenda Items
26. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Thursday, February 2, 2012, at 5:30 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 5 of 5 February 7, 2012
6. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 227
Tuesday, January 17, 2011 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 17, 2011,
in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:
Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:
An invocation was given by Rev. Gail Davis of Emmanuel Episcopal and pledge was led by Drew Morrison,
3rd grader at Wall Elementary and grandson of Councilmember Morrison.
PROCLAMATIONS AND RECOGNITIONS
“School Board Recognition Month, January 2012”, was accepted by Lanny Layman, San Angelo Independent
School Board President.
“2011 Central High School District Champions”, was accepted by Brent Davis, Head Coach, Kevin Crane,
Offensive Coordinator, Kodi Crane, Defensive Coordinator and the Central Bobcat Varsity Football Team
members.
“Wall Seahawks Flag Football District Champions”, was accepted by Will Wiggins, Coach, and Team
members.
PUBLIC COMMENT
No one came forward to comment publicly.
CONSENT AGENDA
APPROVAL OF THE JANUARY 3, 2012 CITY COUNCIL REGULAR MEETING MINUTES
AWARD OF BIDS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ANY NECESSARY RELATED DOCUMENTS:
WU-16-11: Caustic Soda, K. A. Steel Chemicals (Houston, TX), $158,000.00
WU-18-11: Ferric Chloride, Kemira (Harlingen, TX), $245,000.00
WU-19-11: Polymer, Chameleon Industries (Mesquite, TX), $102,000.00
AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED
VALUE AND AUTHORIZATION FOR 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:
2626 Sleepy Hollow Road (Otho), Lot 11, Fishermans Road, $92,734.00
2041 American Legion (Ellis), Lot 22, Group 2, $93,655
7. Page 228 Minutes
Vol. 103 January 17, 2011
ANNUAL REPORT OF RECORDS MANAGEMENT PROGRAM AND ADOPTION OF A RESOLUTION
AUTHORIZING THE RECORDS MANAGEMENT OFFICER TO CONTINUE IMPLEMENTATION OF
THE ROUTINE OPERATIONAL AND PROCEDURAL AMENDMENTS TO THE RECORDS
MANAGEMENT PROGRAM (ANNEX A, PAGE 235, RESOLUTION #2012-01-008)
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE CONTRACT FOR TWIN BUTTES RESERVOIR WITH THE BUREAU OF
RECLAMATION (ANNEX B, PAGE 237, RESOLUTION #2012-01-009)
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX C,
PAGE 239, ORDINANCE #2012-01-010)
Z 11-23: First Financial Bank
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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10,
12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg
Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to
Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX D,
PAGE 241, ORDINANCE #2012-01-011)
Z 11-24: City of San Angelo
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: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11,
21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in
south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family
Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E,
PAGE 245, ORDINANCE #2012-01-012)
SU 11-04: William Sartain
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: 20 N. Bell Street at the southeast corner of the intersection of N. Bell
Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo.
Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks,
to add an allowance for trailer sales, excluding Semi-trailers and sea containers, on property in a Neighborhood
Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Motion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded by
Councilmember Silvas. Motion carried unanimously.
8. Minutes Page 229
January 17, 2011 Vol. 103
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
APPROVAL OF AN ORAL RESOLUTION CONCURRING WITH A PROTEST BY POLICE CHIEF TIM
VASQUEZ TO AN APPLICATION SUBMITTED TO THE TEXAS ALCOHOL BEVERAGE
COMMISSION BY THE THROTTLE DOWN SALOON
Councilmember Adams requested the item be discussed in Regular Session. Police Chief Vasquez informed the
applicant did have the opportunity to file an appeal; however, the process required a hearing before Tom Green
County Judge Mike Brown. City Manager Harold Dominguez stated upon approval of the oral resolution,
Council gives staff authority to act on behalf of the Council regarding the protest.
Motion, to approve, as presented, was made by Councilmember Morrison and seconded by Councilmember
Silvas. Motion carried unanimously.
DENIAL OF A SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN
ANGELO
Z 11-19: Maranatha Church
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER
12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 80 East 18th Street, on the northwest corner of East 18th Street and
Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the
zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information.
Councilmember Morrison expressed his concern of the potential use for the group home. Proponent David
DeLoney stated the use will be a boarding house catering to individuals released from drug rehabilitation or
prison in order to adjust in a home setting. He noted this will not be a half-way house.
Motion, to deny, as presented, was made by Councilmember Morrison and seconded by Councilmember
Farmer.
Proponent Reverend Hickman explained initially the idea was for a transitional home setting; however, since
and due to zoning restrictions, housing will not be focused on those individuals recently released from prison.
General discussion was held on the facility and type of housing for the targeted individuals, similar facilities
available and located within the city as registered alternative housing, whether there are sufficient numbers of
such type of housing, the proximity to the school, supervision of the facility, the filtering of the resident
applicants, pre-existing issues prior to the proponents ownership, existing drug activity within the
neighborhood, and the type of support proponents receive from drug abuse facility programs.
Public comments were made by Citizen Jim Turner.
A vote was taken on the motion on the floor. AYE: Morrison, Silvas, Hirschfeld, and Farmer. NAY: New,
Alexander, and Adams. Motion carried 4-3.
RECESS
At 9:54 A.M., Mayor New called a recess.
RECONVENE
At 10:04 A.M., Council reconvened, and the following business was transacted:
9. Page 230 Minutes
Vol. 103 January 17, 2011
APPROVAL OF A LICENSE AGREEMENT WITH THE SAN ANGELO HEALTH FOUNDATION FOR
THE CONSTRUCTION OF A TRAIL ALONG THE SOUTH BANK OF THE NORTH CONCHO RIVER
BETWEEN IRVING STREET AND CITY-OWNED PROPERTY EAST OF KOENIGHEIM STREET (U.S.
HWY 87, NORTH) AS PART OF THE RIVER IMPROVEMENT PROJECT AND AUTHORIZATION FOR
THE CITY MANAGER TO EXECUTE SAID AGREEMENT
Parks and Recreation Director Carl White presented background information. A copy of the presentation is part
of the Permanent Supplemental Minute record.
General discussion was held on the location of the trail, time frame of the contract, funding sources allocated for
the project, future development, suggested revising the notice for termination from 90 to 180 days, the removal
of the trail at the city’s expense, and questioned the length of the 20 year of the contract.
Public comments were made by Foundation Executive Director Tom Early.
Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Alexander.
Motion carried unanimously.
DISCUSSION AND POSSIBLE ACTION ON THE CONSTRUCTION OF A PEDESTRIAN PATHWAY
AROUND GUN CLUB HILL OFF OF HILLSIDE DRIVE NEAR LAKE NASWORTHY
Requested by Councilmember Alexander and City Engineer Clinton Bailey presented background information.
A copy of the presentation is part of the Permanent Supplemental Minute record.
Public comments were made by resident Tadd Logan and KOA Camp Ground owner Marshall Gray.
General discussion was held on the trail amenities, potential buyers for the property, spending Lake Nasworthy
dedicated monies on the road versus the trail, number of citizens utilizing the trail, directing citizens to utilize
the new trail versus existing roadway, opening gate for pedestrian access
Future item: parking along hillside
Motion, to deny the construction, as presented, was made by Councilmember Adams and seconded by
Councilmember Morrison.
Public comment was made by Citizen Jim Turner.
AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer. NAY: Alexander. Motion carried 6-1.
APPROVAL OF CONSTRUCTION OF A NEW BOAT RAMP AT LAKE NASWORTHY TO ASSIST
WITH THE SAN ANGELO BOAT RACES, AND TO PROVIDE BETTER LAKE ACCESS FOR
RECREATIONAL USERS, AND AUTHORIZATION TO EXPEND UP TO $35,000.00 FROM THE LAKE
NASWORTHY TRUST FUND TO ASSIST WITH CONSTRUCTION OF THE NEW RAMP AND
ASSOCIATED INFRASTRUCTURE
Assistant City Manager Rick Weise presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to approve, as presented, was made by Councilmember Silvas and seconded by Councilmember
Adams.
General discussion was held on the available parking once the ramp was installed and additional ramp
accessibility.
A vote was taken on the motion on the floor. Motion carried unanimously.
APPROVAL OF AN ORAL RESOLUTION DIRECTING SIEMENS INDUSTRY, INC. TO PROCEED
WITH PHASE II SERVICES RELATED TO THE REUSE OF LANDFILL GAS AS OUTLINED IN THE
LETTER OF INTENT APPROVED BY CITY COUNCIL IN DECEMBER 2010
Assistant City Manager Elizabeth Grindstaff and Siemens Representative Martha Senf presented background
information. A copy of the presentation is part of the Permanent Supplemental Minute record.
10. Minutes Page 231
January 17, 2011 Vol. 103
General discussion was held on the potential methane gas users, installation of the passive remediation system,
water quality issues, Texas Commission on Environmental Quality (TCEQ) requirements, installation of an
active remediation system, environmental regulations, expansion of landfill well fields and collection system to
extract the methane gas, building the pipeline, potential revenue; comparison of use, need, and distance of other
qualified bidders; potential risks involved; financing the project; and project development process.
Motion, to authorize Siemens to move forward and proceed with Phase II, as presented, was made by
Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.
APPROVAL OF AN ORAL RESOLUTION DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO
INITIATE NEGOTIATIONS TO DETERMINE THE FINANCIAL VIABILITY FOR A CONTRACT FOR
THE LANDFILL GAS TO ENERGY PROJECT WITH QUALIFIED INDIVIDUALS OR ENTITIES
SUBMITTING PROPOSALS IN RESPONSE TO RFP OP-01-11
Assistant City Manager Elizabeth Grindstaff presented background information.
Motion, to authorize City Manager to move forward, as presented, was made by Councilmember Hirschfeld and
seconded by Councilmember Morrison. Motion carried unanimously.
Councilmember Hirschfeld left the meeting at 12:10 P.M.
DISCUSSION OF TRASH COLLECTION AND CODE ENFORCEMENT ISSUES
Requested by Councilmember Farmer, Operations Director Ricky Dickson and Code Compliance Manager
James Flores presented background information.
Council directed staff to make a recommendation regarding container size, penalty for failing to control the
debris, or other possibilities to remedy the situation, specifically the Southwest area commercial businesses, and
to present findings at a future meeting.
RECESS
At 12:20 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
At 12:48 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a
company or companies with whom the City of San Angelo is conducting economic development negotiations
and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
OPEN SESSION (continued)
At 12:52 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
RECESS
At 12:52 P.M., Mayor New called a recess.
RECONVENE
At 1:25 P.M., Council reconvened, and the following business was transacted:
APPROVAL OF MATTERS RELATED TO REQUEST FOR COMPETITIVE SEALED PROPOSAL
COSADC-01-11 BUSINESS RESOURCE CENTER RENOVATION:
APPROVAL OF A RECOMMENDATION FROM CITY OF SAN ANGELO DEVELOPMENT
CORPORATION (COSADC) TO AWARD BID COSADC-01-11 BUSINESS RESOURCE CENTER
RENOVATION AND CONSTRUCTION CONTRACT TO STODDARD CONSTRUCTION
MANAGEMENT, INC IN AN AMOUNT NOT TO EXCEED $1,334,942.00 FOR CONSTRUCTION
RENOVATIONS ON THE FORMER COKE BUILDING AT 69 N. CHADBOURNE, AND
11. Page 232 Minutes
Vol. 103 January 17, 2011
AUTHORIZATION FOR THE CITY MANAGER AND COSADC PRESIDENT TO NEGOTIATE AND
EXECUTE A CONTRACT WITH THE RECOMMENDED VENDOR
AUTHORIZATION FOR ADDITIONAL PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED
$160,000.00 TO COVER COSTS OF ADDITIONAL WORK INCLUDING A NEW ROOF AND
FACADE/GLASS STOREFRONT, INCREASED CONTINGENCY FEES, AND INCREASED
ARCHITECTURAL FEES ASSOCIATED WITH THE EXPANDED PROJECT
Community and Economic Development Director Shawn Lewis and Economic Development Coordinator
Donna Osborne presented background information. A copy of the presentation is part of the Permanent
Supplemental Minute record.
General discussion was held on the lapsed insurance coverage, damage, and repair cost due to the recent fire.
Motion, to award the bid and approve the additional work, as presented on both items, was made by
Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.
AWARD OF A BID FOR PK-02-11 /RIO VISTA PARK RENOVATION TO STODDARD
CONSTRUCTION MANAGEMENT, INC. (BULVERDE, TX) IN THE AMOUNT OF $572,500.00, AND
AUTHORIZATION FOR AN ADDITIONAL $27,500.00 FOR ALTERNATE OPTION #5 TO COMPLETED
IN-HOUSE BY PARK STAFF, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS
Parks and Recreation Director Carl White and Construction Manager David Knapp presented background
information. A copy of the presentation is part of the Permanent Supplemental Minute record.
General discussion was held on the type of Bermuda grass and required amount of water to sustain the grass.
Councilmember Hirschfeld returned to the meeting at 1:43 P.M.
Councilmember Morrison expressed his concern regarding the local bidder’s response to the bid. Purchasing
Manager Roger Banks explained the local preference option was not part of the bid process.
Motion, to award and authorize additional funding, as presented, was made by Councilmember Adams and
seconded by Councilmember Silvas. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY:
Morrison. Motion carried 6-1.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012
BUDGET FOR NEW PROJECTS
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW
PROJECTS
Finance Director Michael Dane presented background information.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Adams. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING APPENDIX A,
ARTICLE 8.000, SECTION 8.200 MONTHLY WATER RATES
AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER
RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW
SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING
12. Minutes Page 233
January 17, 2011 Vol. 103
AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY,
PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by
Councilmember Adams. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11,
ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A
NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR
SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the
Permanent Supplemental Minute record.
Councilmember Alexander commented on the excessive water usage and the reaction time before a penalty is
imposed. He suggested a shorter notification time.
General discussion was held on other notification alternatives, reaction time, staffing issues, excessive use
customers, Automated Meter Reading system, and hand or manual watering option.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ORDERING THE GENERAL
ELECTION FOR MAY 12, 2012 (PRIMERA AUDIENCIA PÚBLICA Y CONSIDERACIÓN DE LA
INTRODUCCIÓN DE UNA ORDENANZA QUE PIDE LA ELECCIÓN GENERAL PARA EL 12 DE
MAYO DE 2012):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING
THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THE
PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS
FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO
THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA
DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN
GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE
MAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA
DE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA
ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA)
City Clerk Alicia Ramirez presented background information.
Motion, to introduce adopt the Ordinance Resolution authorize approve accept, as presented, was made by
Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.
Public comments were made by Citizen Jim Turner.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
13. Page 234 Minutes
Vol. 103 January 17, 2011
APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:
Animal Shelter Services Advisory Commission: John Russell, DVM, (SMD2) to a 2nd full term 2014
Civic Events Board: Sandy Fields (SMD6) to a 1st full term January 2014
Ft. Concho Museum Board: Robert Aguilar, Jr. (SMD2) to a 1st full term January 2015 and Dana Gray (SMD2)
to a 2nd full term 2015
Motion, to approve various board nominations by Council and designated Councilmembers, was made by
Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed January 17, 2011 Agenda and solicited Council
comments and suggestions.
Councilmembers Morrison and Farmer left the meeting at 2:20 P.M. and did not return.
RECESS
At 2:21 P.M., Mayor New called a recess.
EXECUTIVE/CLOSED SESSION
Council did not convene due to the lack of a quorum in Executive Session under the provision of Government
Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings,
Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of
financial or other incentive to a company or companies with whom the City of San Angelo is conducting
economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in
San Angelo.
OPEN SESSION (continued)
At 2:34 P.M. City Council reconvened whereupon the following business was transacted:
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion
carried unanimously.
The meeting adjourned at 2:34 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
Annexes A-E
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)
14. City of San Angelo
Memo
Date: January 24, 2012
To: Councilmembers
From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance
Subject: Agenda Item for February 7, 2011
Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651
Caption: Consent
Consideration of rejecting formal bid VM-01-12 for a digger derrick and
authorizing the City Manager or designee to execute any necessary related
documents.
Summary: The Vehicle Maintenance Department requested formal bids for a digger derrick for
the use of the City’s Traffic Department. Bids were requested and received from Terex (San
Antonio, TX) and Altec Industries (Kaufman, TX).
History: Bids were requested for replacing current equipment that are past its useful operational
life. Formal bids were requested from vendors listed on the Purchasing Master Data Base and
were advertised in local media and the internet.
Vendor selection is based on the financial impact of the bid; the completeness of the bid;
inclusion and pricing of items and options requested; the competence of the vendor regarding the
purchase transaction; and the after-sale benefits including location of warranty shops, parts
supply lead-time and availability, etc.
Financial Impact: Bids were requested for new units meeting the City’s specifications. Due to a
budget that was anticipated to be far below the price of new units, bids were also requested for
used or demo equipment that closely meet our specifications. Terex returned a proposal on a
new unit only; Altec offered both a new and used unit.
Altec’s used equipment proposal met the City’s specifications and budget constraints.
Unfortunately, the offered unit has been sold and is no longer available for purchase by the City.
Both offers of new units exceeded the budget constraints for this machine and therefore are not a
viable option at this time.
Due to budget restraints and considering the equipment offered, staff recommends to reject all
formal bids.
Related Vision Item: NA
Other information/Recommendation: Staff recommends rejecting all formal bids relating to VM-
01-12.
X:PF DocumentsBid Documents2012 Equipment BidsAgenda BackgroundBackground Memo VM-01-12 Digger Derrick.doc
16. CITY OF SAN ANGELO
BID TAB
RFB: VM‐01‐12‐Digger Derrick/January 18, 2012
Altec Terex Utilities
Est
Item
Unit
Item Description QTY Price/Unit Extended Price/Unit Extended
1 New Digger Derrick Ea 1 $ 183,742.00 $ 183,742.00 $ 207,254.00 $ 207,254.00
2 Remote Control Ea 1 $ 7,602.00 $ 7,602.00 $ - $ -
3 Extended Warranty-Chassis Ea 1 $ 2,614.00 $ 2,614.00 $ 2,625.00 $ 2,625.00
4 Extended Warranty-Cdigger Ea 1 $ 7,903.00 $ 7,903.00 $ 88,949.00 $ 8,949.00
5 Technician Training Ea 1 $ 2,800.00 $ 2,800.00 $ 2,000.00 $ 2,000.00
6 18" Auger Ea 1 $ 1,018.00 $ 1,018.00 $ 1,068.00 $ 1,068.00
7 Annual Safety & Dielectric (7yr) Ea 1 $ 10,120.00 $ 10,120.00 $ - $ -
Total $ 215,799.00 $ 221,896.00
Est
Item
Unit
Item Description QTY Price/Unit Extended Price/Unit Extended
1 Used Digger Derrick Ea 1 $ 99,900.00 $ 99,900.00 No Bid
Delivery Days (Calendar Days) 30 Not Noted
RFB's Sent To:
Terex San Antonio, TX
Altec Kaufman, TX
X:PF DocumentsBid Documents2012 Equipment BidsBid Tabs 2012Digger DerrickBid Tab ‐ VM‐01‐12 ‐ Digger Derrick
17. City of San Angelo
Memo
Date: January 3, 2012
To: Mayor and Council Members
From: Roger S. Banks, Purchasing, Division Manager
Subject: Agenda Item for February 7, 2012 Council Meeting
Contact: Diana Farris, Purchasing Specialist, 657-4212
Caption: Consent Item
Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing
sale of Tax Lot(s):
A. 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey Subdivision, $10,250,
Suit No. B-09-0014-T
Summary: The subject properties were auctioned with no offers received. Subsequently, the properties
were struck off to the City as Trustee for itself and the other taxing entities. (See Property Analysis)
History: 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 Subchapter A & C of Chapter
33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis)
Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will
be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back
onto tax roll.
Other Information/Recommendation: No outstanding account balances exist for the above Prospective
Buyers and it is recommended that the above offer(s) be accepted.
Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map
Presentation: N/A
Reviewed by Service Area Director: Michael Dane, Director of Finance
18. 1.292 acres o/o Block 8, Julia A. Bailey
Subdivision
5201 N Chadbourne
Copyright 2011 Esri. All rights reserved. Tue Jan 3 2012 01:12:21 PM.
20. RESOLUTION AUTHORIZING
SALE OF REAL PROPERTY
(Less than Adjudged Value or Judgment)
WHEREAS, on the day of , 2012, at a regularly scheduled meeting of
the City Council of the City of San Angelo, Texas, there was presented to said Council the
proposal for the City to sell a parcel of land situated within the city limits of the City of San
Angelo, said parcel being described as follows:
1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey
Subdivision in the S.A. & G. Railway Survey No. 12, San Angelo, Tom Green
County, Texas, more particularly described in Instrument No. 637929 Official
Public Records, Tom Green County, Texas.
WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s
Tax Deed, recorded on Instrument Number 705026, of the Official Public Records of Real
Property, Tom Green County, Texas; and
WHEREAS, the City Council has determined that it is in the best interest of the City of San
Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value
specified in the Judgment of foreclosure or the amount of the judgment(s) against said property.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity
as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above
described lot(s) to STEVEN ALAN MIDA and VIRGIL PACETTI, both married people, for the
consideration of Ten Thousand Two Hundred Fifty and 00/100 Dollars ($10,250.00) and that the
sale for said amount is also hereby authorized and approved.
APPROVED AND ADOPTED ON THE DAY OF , 2012.
THE CITY OF SAN ANGELO
______________________________
Alvin New, Mayor
Attest:
_____________________
Alicia Ramirez, City Clerk
Approved As to Form: Approved As to Content:
y:councilelectronic agendas201202-07-12pur tax lotresolution.doc
21. ______________________ ____________________________
Lysia H. Bowling, City Attorney Roger S. Banks, Purchasing Manager
22. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike
any or all of the following information from this instrument before it is filed for record in the public
records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself,
Tom Green County and San Angelo Independent School District.
P.O. Box 1751
San Angelo, Tom Green County, Texas 76902
Grantee: Steven Alan Mida, a married person and Virgil Pacetti, a married person
6750 FM 2034
Robert Lee, Coke County, Texas 76945
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
1.292 Acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G. Railway
Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929
Official Public Records, Tom Green County, Texas.
Acct. #02-12600-0008-000-60
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 2, 2011, in Cause No.
B-09-0014-T by the 119th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for all other
taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the
Judgment — by Sheriff’s Deed dated June 30, 2011, and recorded in Instrument Number 705026,
Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to execute this
instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official
minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to
hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit
interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or
title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty
whatsoever; and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code
(or its successor) are hereby specifically excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including,
without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded
restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the
property arose; any recorded lien that arose under such restrictive covenants that was not extinguished in the judgment
foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of
the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market value
specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds
from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties
acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas
23. Constitution.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
The City of San Angelo, a Texas home-rule municipal
corporation, for itself and as Trustee for any taxing
authorities named in the Judgment
By: ____________________________
ATTEST: Alvin New, Mayor and
duly-authorized agent
Alicia Ramirez, City Clerk
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2012, by Alvin New, Mayor and
duly-authorized agent of the City of San Angelo, a Texas home rule municipal corporation, on behalf of such corporation
and as Trustee for any taxing authorities named in the Judgment identified in the above instrument.
__________________________________
Notary Public, State of Texas
After Recording, Return To:
Office of the City Attorney
City of San Angelo
24. PROPERTY ANALYSIS
For Tax Resale Property
Legal Description: 1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in
the S.A. & G Railway Survey No. 12, San Angelo, Tom Green County, Texas, more
particularly described in Instrument No. 637929 Official Public Records, Tom Green
County, Texas
Tax Suit Number: B-09-0014-T
Location: 5201 N Chadbourne
Parcel Size/Dimensions: 1.292 acres
City of San Angelo vs. Bob A. Nowlin
Tax ID Number: 02-12600-0008-000-60
Judgment Date: March 2, 2011
Date of Sheriff's Sale: August 6, 2011
Sheriff's Deed Recorded: June 30, 2011
Adjudge Value: $ 12,900.00
Amount of Offer: $ 10,250.00
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $ 350.00 $ 350.00 0.00% $ 350.00
Maintenance Fee $ - 0.00% $ -
District Clerk $ 316.00 $ 316.00 0.00% $ 316.00
Sheriff's Fee $ 100.00 $ 100.00 0.00% $ 100.00
Attorney Fee $ 397.00 $ 397.00 0.00% $ 397.00
Municipal Liens $ 17,527.76 64.81% $ 5,889.31 $ 5,889.31
Taxes $ 9,516.98 35.19% $ 3,197.69 $ 3,197.69
Total $ 1,163.00 $ 27,044.74 $ 1,163.00 100.00% $ 9,087.00 $ 10,250.00
Actual Total Amt Due $ 28,207.74
Amount Remaining $ 9,087.00
Offer will satisfy the court cost and a portion of the taxes and liens.
25. City of San Angelo
Memo
Date: January 26, 2011
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Consent Item for February 7, 2012 Council Meeting
Contact: Will Wilde, Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with Mary Ann Schober Greenhaw et
vir, Carl Greenhaw at Lot 57, Group Fishermans Road, 2690 Sleepy Hollow Road, and
authorizing the Water Utilities Director to execute the same.
Summary: The leaseholder’s current lease expires in 2019 and they would like to execute a new 40
year lease for financing purposes.
History: Lease fees are current and there are no issues with the lease on this tract.
Financial Impact: Current lease fees: 2012-2018 $594.00
New lease fees: 2012-2018 $677.00
2019-2051 Market Value
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease renewal be approved
and the Water Utilities Director be authorized to execute the lease.
Attachments: Lease Renewal (Greenhaw)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 26, 2012.
26. LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN
ANGELO, a Texas municipal corporation, ("Lessor"), whose address is P.O. Box 1751,
San Angelo, Tom Green County, Texas 76902, and Mary Ann Schober Greenhaw et vir,
Carl Greenhaw whose address is 2690 Sleepy Hollow Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES
1.1 In consideration of the mutual covenants, conditions and agreements set forth in
this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts
and leases from Lessor, the following described real property (hereinafter called "leased
premises") situated in San Angelo, Tom Green County, Texas:
Lot 57, Group Fishermans Road, Lake Nasworthy Addition,
according to the map or plat of said Lake Nasworthy
Campsites in the custody of the Water Utilities Department
of the City of San Angelo (also commonly known as 2690
Sleepy Hollow Road, San Angelo, Texas 76904).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 1, 2012 and
ending April 30, 2052, in consideration of the initial payment of $150.00, which payment
includes the granting fee, receipt of which payment is hereby acknowledged, and the
further consideration of Lessee's payment of future annual rent in accordance with
subsequent paragraphs hereof and Lessee's compliance with the stipulations and
conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT
2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities
Department, P.O. Box 1751, San Angelo, Texas, 76903, or at such other place as
Lessor may from time to time designate by written notice to Lessee. Such rent shall be
paid annually on or before July 1 during the term of this lease in accordance with the
following schedule:
Dates Annual Rent
For the Years 2012 Through 2018 $677
For the Years 2019 Through 2051 Market Value *
27. * Annual rent shall be the appraised market value of the leased premises
multiplied by a factor of 0.08. Such appraised market value shall be determined and
adjusted in accordance with applicable City ordinances in effect at the time of execution
of this lease.
DELINQUENT PAYMENTS
2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by
Lessor after the date that the rent is due in accordance with established ordinances,
provided however, that this provision for late charges or interest shall not be construed
as a waiver of the right of Lessor to terminate this lease at its option as authorized
herein.
HOLD OVER
2.4 Any holding over by Lessee of the herein leased premises after the expiration of
this lease shall operate and be construed only as a tenancy from month to month,
terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES
3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES
3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes,
general and special assessments, and other charges of every description which during
the term of this lease may be levied on or assessed against the leased premises and all
interest therein and all improvements and other property thereon, whether belonging to
Lessor or Leaser to which either of them may become liable. Lessee shall pay all such
taxes, charges, and assessments to the public officer charged with the collection thereof
not less than fifteen (15) days before the same shall become delinquent, and Lessee
agrees to indemnify and save harmless Lessor from all such taxes, charges and
assessments. Failure to pay such taxes and special assessments as provided herein
shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS
3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the
vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of
laying said line or lines as established by and in accordance with city policies then in
existence.
28. 3.4 Lessee expressly agrees that if city water or sewer lines are ever located within
200 feet of the leased premises, Lessee will tie on to such service at its own expense at
the price established for that specific Lake Nasworthy area.
3.5 In the event the Lessor institutes a paving program abutting the leased premises,
Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to
prevailing city policies.
IV. RULES AND REGULATIONS
4.1 The rules and regulations provided in those certain ordinances of the City
Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as
the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments
adopted heretofore or hereafter are expressly incorporated herein by reference as terms
and conditions of this lease. This lease is expressly made subject to any ordinances
adopted in the future by the Council for the regulation of Lake Nasworthy and
surrounding property, including but not limited to, safety, sanitation, and ecological
requirements. Any breach of said rules and regulations shall, at the option of the Lessor,
result in forfeiture of this lease. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE
5.1 The premises shall be used only for a single family residence and lawful uses
incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2
foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be
permitted on the leased premises, and no garage or other accessory building
shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building
code.
e. No outside toilets shall be constructed or maintained on leased premises, and
all plumbing shall be connected with a sanitary sewer or with a septic tank which
complies in all respects to all state, county and city sanitation regulations and
requirements. No septic tank shall be placed, constructed, or maintained nearer
than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any
property line. All wastewater facilities shall conform to all of the City's wastewater
29. ordinances, where applicable. No sewer or drain shall empty into the lake or be
constructed so as to flow or wash into the lake. No concrete storm drains may be
constructed without the prior approval of the Water Utilities Department, Zoning
Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written
consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pumphouses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities
Department, Zoning Board of Adjustment, Planning Commission and/or Council,
as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of
San Angelo ("Code"), as such now exists or may hereafter be amended
including, but not limited to, those provisions regarding building permits and
permit fees; inspections and fees therefore; building, plumbing, electrical, and fire
standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms
of the permit and approval granted, that construction shall commence within six
(6) months following the date of the permit, and that all construction shall be
completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises
and improvements thereon and submit in writing to the Lessee the requirements,
if any, which shall attach to and become a part of this lease, necessary for
compliance with the above-mentioned provisions of the Code. Failure of the
Lessee to abide by and comply with said requirements will be grounds to
terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to
execute and deliver valid oil, gas and other mineral leases upon the leased premises,
and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone,
telegraph or electric pole transmission lines on said premises, or any part thereof, and
30. in such event this lease shall be subject and subordinate to the rights, terms and
privileges of any such oil, gas and other mineral leases or such easements as may have
been executed heretofore or hereafter by Lessor, its agents or assigns. An easement
across leased premises is hereby retained by Lessor for the purpose of laying sewer
and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY
6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may
request Lessor's written consent (pursuant to article XII of this lease) to encumber the
leasehold estate, personal property or improvements made by Lessee which may be
removed from the realty without injury to the realty; provided however, that no
mortgagee nor anyone who claims by, through or under such mortgage or deed of trust
shall, by virtue of such mortgage or deed trust, acquire any greater or more extended
rights than Lessee has under this lease but such mortgage or deed of trust shall be in
every respect subject, subservient and subordinate to all of the conditions, provisions,
requirements, covenants and obligations of this lease. The mortgagee under any such
deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.
NOTICES TO LENDER
6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of
trust has been given and executed by Lessee and furnish Lessor with the address to
which it desires copies of notices to be mailed. Lessor agrees to mail to lender or
mortgagee or its designated agent or representative, at the address given, a copy of
any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease
after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER
7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor
the level of water in Lake Nasworthy.
31. Lessee can use water from the lake, river, and/or wells on the premises for
domestic purposes and water of existing trees and shrubs; but no water will be removed
from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use
water in a conservative manner, and any abusive use of water shall be grounds for
denying the use of water to the Lessee. Lessee shall pay the applicable water use
charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN
8.1 Lessee agrees to keep and maintain any and all structures erected or caused to
be erected or placed on the leased premises in good and tenantable condition, to
maintain its appearance, and to landscape and keep said premises cleared of all
objectionable matter, things, and vegetation. Leased premises shall not be used for the
outside storage of usable materials for unreasonable lengths of time. In the event
Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after
notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased
premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of
any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty
(30) days from the date on which the work was completed, and continuing until such
cost is paid in full.
DAMAGE OR DESTRUCTION
8.2 The parties hereto acknowledge that the leased premises are within an area
subject to overflow and flooding and it is expressly agreed between the parties that
neither Lessor nor any of its agents or employees shall be liable to Lessee for any
damages caused in any manner, negligent or otherwise, by high water or floods at Lake
Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion
channels, nor by reason of any work deemed necessary in Lessor's sole judgment in
the maintenance of said Lake and sources of supply or diversion channels and all
damages occasioned thereby are hereby waived, and when Lessor (or any agent
thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS
9.1 It is expressly understood and agreed that Lessor may at any time, without notice
to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein
for such length of time as in its sole judgment is necessary for the purpose of
suppressing or arresting an epidemic of any contagious or infectious disease, or when,
in its sole judgment, any suspension of privileges is necessary to protect the health of
32. the water consumers of San Angelo, Texas. In the event privileges are suspended by
Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an
amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or
that condemnation is necessary, Lessor shall have the right to terminate this lease by
giving ninety (90) days written notice of such termination to Lessee and any mortgagee
who has notified the Water Utilities Department of its lien and its address for notice
purposes; and Lessee agrees to promptly deliver possession of leased premises to
Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the
date of such notice; and in such event Lessor shall pay Lessee an amount equal to the
market value of any structures or improvements hereto made or erected on leased
premises in compliance with the terms of this lease.
X. RELEASE
10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any
and all claims for damages of any kind by reason of the condition of the premises
hereby leased, or any improvements thereon or any damages incurred in the enjoyment
or exercise of the privileges granted hereunder, or for damage to its person or property
caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water
elevation in the lake, or due to flood or high water, or any fluctuating water levels which
may arise in the use and operation of Lake Nasworthy, or in the joint use and operation
of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes
of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION
11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and
employees, free and harmless from any claims for damages or injury, including death,
to persons or property, or any liability incurred as a result of the exercise of the
privileges conferred by this lease, and agrees to reimburse Lessor for any expenses
incurred in the defense of any such claim, including reasonable attorney's fees and
court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING
12.1 Lessee may not transfer or assign the leased premises, in whole or in part,
without the prior written consent of the Lessor, which consent will not be unreasonably
withheld. Lessee may not sublet the leased premises, in whole or in part, without the
prior written consent of the Lessor. Any such transfer, assignment or sublease shall be
evidenced in writing, properly executed and acknowledged by both parties thereto; a
copy shall be delivered to Lessor and the original shall be recorded in the office of the
33. County Clerk of Tom Green County, Texas. It is agreed, however, that each such
transfer, assignment or sublease shall be subject to the obligations to Lessor as set
forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE
13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance
of any of the covenants and conditions required herein to be kept and performed by
Lessee and such default continues for a period of thirty (30) days, Lessor shall have the
right to terminate this lease. Lessor will give thirty (30) days written notice of its intention
to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities
Department of its lien and its address for notice purposes, and Lessee and any
mortgagee will have such thirty (30) days within which to cure such default and thereby
avoid termination. Notice shall be sufficient if delivered to Lessee at the address
specified in this lease or at such other address as Lessee may in writing designate to
Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION
13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to
the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor
may take forceful possession of said premises and eject all parties therefrom without
being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS
13.3 All buildings and other improvements placed on the property by Lessee (except
trees, shrubs, flowers and plants) which may be removed without injury to the realty
shall remain the property of Lessee. It is understood and agreed, however, that
buildings and improvements shall be held by the Lessor until all rentals due Lessor by
Lessee shall have been paid, and should any amount remain unpaid for more than thirty
(30) days after termination of this lease, the Lessor shall have the right to sell such
buildings and improvements and apply the proceeds to the amount due Lessor, with
interest at the annual rate of ten percent (10%), and to any costs incident to the sale,
and pay the balance remaining, if any, to Lessee. All property remaining on the
premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the
property of Lessor.
OTHER REMEDIES
34. 13.4 Any termination of this lease shall not relieve Lessee from the payment of any
sum or sums that are due and payable to Lessor under the lease, or any claim for
damages then or previously accruing against Lessee under this lease, and any such
termination shall not prevent Lessor from enforcing the payment of any such sum or
sums or claim for damages by any remedy provided for by law, or from recovering
damages from Lessee for any default under the lease. All rights, options, and remedies
of Lessor contained in this lease shall be construed and held to be cumulative, and no
one of them shall be exclusive of the other, and Lessor shall have the right to pursue
any one or all of such remedies or any other remedy or relief which may be provided by
law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the
covenants, conditions, or restrictions of this lease shall be construed or held to be a
waiver of any succeeding or preceding breach of the same or any other covenant,
condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that
of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of
the lease and their respective heirs, executors, administrators, legal representatives,
successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference
and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS
14.4 If this lease replaces another lease, all prior agreements are superseded by this
lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is
not bound by any agreement, condition or stipulation, understanding or representation
made by any of Lessor’s agents not contained herein. No amendment to this lease shall
be effective unless such is in writing and signed by both parties.
VIOLATIONS OF LEASE
35. 14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES
THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR
COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS
LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or
enforcement of this lease. This lease has been executed in Texas, and all obligations
hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of
circumstances, such holding shall not affect the validity of any remaining provision of
this lease or any provision’s application to other persons not similarly situated or to
other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited
to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations
under this lease, which include, but are not limited to, collection of rental fees and
collection of utility payments, taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at
the addresses below:
LESSEE: Mary Ann Schober Greenhaw
2690 Sleepy Hollow Road
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
P.O. Box 1751
San Angelo, Texas 76902
36. EXECUTED in duplicate originals on the _____day of _____________________,
20___ by:
LESSEE
Mary Ann Schober Greenhaw
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 20____ by Mary Ann Schober Greenhaw.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
W. H. WILDE, Director
Water Utilities Department
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San
Angelo, a Texas home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
37. City of San Angelo
Memo
DATE: January 24, 2012
TO: Mayor and Councilmembers
FROM: Angelica Pena, CHS Program Coordinator
SUBJECT: Agenda Item for February 7 Council Meeting
CONTACT: Angelica Pena 655-4818
CAPTION: Consent
Consideration of approval of annual recertification for Galilee Community Development
Corporation as a Community Housing Development Organization (CHDO)
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SUMMARY: HUD recommends recertification of CHDOs annually. As stated in the HOME
regulations (§ 92.300 (a)(1)), a participating jurisdiction is required to reserve not less than 15% of their
HOME allocation for investment in housing to be developed, sponsored or owned by CHDOs.
HISTORY: Galilee CDC is required to be recertified annually. They meet all HUD CHDO requirements
as described below:
· Has a governing board consisting of not less than one-third low-income persons and not
more than one-third public officials.
· Has a 503(c)(3) or (c)(4) ruling from the IRS.
· Has demonstrated a capacity for carrying out activities assisted with HOME funds
· Has a history of serving the community in which the HOME assisted housing is to be
located for a minimum of one year
· Has among its purposes the provision of decent housing that is affordable to low-income
and moderate-income persons, as evidenced in its charter, articles of incorporation,
resolutions or by-laws.
FINANCIAL IMPACT: None. Galilee must be recertified as a CHDO in order to expend HOME funds.
RELATE GOAL ITEM: None.
38. OTHER INFORMATION/RECOMMENDATIONS: Staff recommends approval.
ATTACHMENTS: None.
PRESENTATION: None.
PUBLICATION: None.
REVIEWED BY SERVICE AREA DIRECTOR: Robert Salas, Neighborhood & Family Services
39. City of San Angelo
Memo
Date: January 20, 2012
To: Mayor and Councilmembers
From: Sandra J. Villarreal
Subject: Agenda Item for February 7, 2012 Council Meeting
Contact: Rick Weise or Sandra Villarreal
Caption: Consent
Consideration of authorization the City Manager to execute a Lease Agreement with
Shannon Health Systems for the Health Department Nursing Division office space at
2030 Pulliam, Suite 8
Summary: Because of the Master Plan and with the City Hall / Health Building Revitalization
Project that began in 2010, the Nursing-Health Department was relocated to 2030
Pulliam, Suite 8. Terms of the current contract expire on March 31, 2012. At this
time, there is no space available in the renovated portions of City Hall or the
Health Building for Nursing and thus require the City’s Nursing Division to continue
to rent this space.
History: The Nursing Division has occupied the location for two years, again, the with the
terms expiring on March 31, 2012.
Financial Impact: Rental rate proposed by Shannon Health for the 3,222 square foot space is $0.77
per sq. ft., or $2,480.94 per month provided by general fund dollars. This is an
increase of $64.44 per month from the current rate. The current rate is $0.75 per
sq. ft., or $2,416.50 per month.
Related Vision Item Downtown Revitalization
(if applicable):
Other Information/ Staff recommends . . . approval.
Recommendation:
Attachments: Lease Agreement and Floor Plan of Lease Space
Presentation: None
Publication: None
Reviewed by Rick Weise, x-1072
Director:
50. City of San Angelo
Memo
DATE: January 3, 2012
TO: Mayor and Council Members
FROM: Robert Salas, Director, Neighborhood Services
SUBJECT: Agenda Item for February 7, 2012 Council Meeting
CONTACT: Robert Salas 657-4274
CAPTION: Consent
Consideration of approving an agreement between the City of San Angelo and Frontier
Associates, LLC, a contractor hired by ATMOS Energy for the execution of a low income
weatherization program for San Angelo citizens who are ATMOS customers and
authorizing the City Manager to execute related documents
------------------------------------------------------------------------------------------------------------------------------------------------
Summary: Neighborhood & Family Services requests approval of an agreement between the COSA and
Frontier Associates, LLC to execute a low income housing weatherization program for citizens in financial
distress. The current contract has expired and is in need of renewal.
History: Over the past four years, ATMOS has provided up to $50,000.00 annually to the City in order to
carry out the housing weatherization program. The program assists citizens in need of financial
assistance to weatherize their homes free of charge.
Financial Impact: If approved, the City will receive up to $50,000.00 in private funds from ATMOS thru
Frontier Associates, LLC to assist San Angelo citizens. There are no direct costs to the City and the city
will be allowed 8% administrative fees to cover staff time.
Related Vision Item: Neighborhood Revitalization
Other Information/Recommendations: Staff requests approval of the agreement and to allow the City
Manager to execute the agreement.
Attachments: Agreement
Presentation: None
Publication: None
Reviewed by Department Director: N/A
61. City of San
Angelo
Memo
Meeting Date: February 7, 2012
To: Mayor and City Council members
From: Will Wilde, Director of Water Utilities
AJ Fawver, Planning Manager
Subject: realignment of Beaty Road and transfer of excess right-of-way
Location: area bounded roughly by North U.S. Hwy. 67 on the south, North U.S. Hwy. 277
on the east, Farm-to-Market Hwy. 2105 on the north, and a combination of
Schwertner and Pruitt Roads on the west
Contacts: Will Wilde, Director of Water Utilities 657-4209
A J Fawver, Planning Manager 657-4210
Dan Saluri, Assistant City Attorney 657-4407
Bob Schneeman, Development Coordinator 657-4210
Cynthia Preas, Paralegal 657-4407
Caption: Consideration of adopting a Resolution authorizing the City Manager or his
designee to establish the fair market value of 8938 square feet of excess
right-of-way adjacent to Beaty Road and Lot 14e, Block 1, Group 1, Section
2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in
southwest San Angelo, for purposes of realigning a portion of Beaty Road
and the authority to execute all documents necessary to convey the
remaining excess right-of-way to the adjacent lot owner, reserving unto the
City of San Angelo blanket drainage and utility easements; and authorizing
the City Manager or his designee to file an amended plat to formalize the
realignment of a segment of Beaty Road and the adjoining property line for
said Lot 14e.
Summary: The property owner of Lot 14E, which is adjacent to the excess right-of-way
described in the caption above, approached the Water Utilities Department regarding a
possible acquisition of this property for use as a driveway and landscaping, to be
62. maintained by the property owner. In assessing the request, it was determined that the
right-of-way width at this location is unnecessarily large, and City staff has no objections to
eliminating this portion.
Analysis:
The attachments to this report include the current plat for this subdivision from 1999. In the
execution of this subdivision plat, this portion of Beaty Road was dedicated to the public.
Once this request was received, both internal staff and external utilities were notified of the
proposed change. Both groups have responded that a blanket drainage and utility
easement is necessary for the entire tract proposed to be transferred.
In consulting with the City Attorney’s office, staff learned that state law allows for a tract of
property which is not necessary to the municipality and is not buildable can be sold to an
adjacent property owner (and only an adjacent property owner) for its fair market value. As
such, they have suggested that two steps will be required to complete this transaction: (1) a
realignment of Beaty Road as authorized by the City Council, and (2) an amended
subdivision plat be created and filed, to extend the northern boundary of Lot 14E, thus
encompassing this extra square footage.
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.
If approved by the Council, staff will work with the adjacent property owner in the application
and approval process for the amended plat of this property; once completed and filed, this
parcel will be added to the tax rolls.
Related Vision Item: Examine liquidation of unused or underperforming City-owned
properties.
Financial Impact: No cost; profit of appraised value.
Recommendation: City staff recommends approval of this request.
Attachments: original subdivision plat of Lake Nasworthy Addition, Group
One, Section Two, with area of excess right-of-way outlined in
red;
graphic representation of subject property;
field notes specifically describing subject property;
proposed amended subdivision plat of this location to be
approved and recorded if Council approves this request; and
proclamation.
63. Publication: No legal notice required.
Reviewed by: AJ Fawver, Planning Manager (01/27/12)