Agenda packet

City Council Agenda Page 1 of 5 April 16, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, April 16, 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 210, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamation

“West Texas Genealogy Appreciation Day”, April 26, 2013, Commemoration of the 40th Anniversary, to be accepted by Susan Ball, President San Angelo Genealogical and Historical Society

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 April 2, 2013 City Council Regular meeting minutes

2. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any necessary related documents:

a. VM-06-13: Aerial Bucket Truck, National Joint Powers Association (NJPA) purchasing cooperative contract #060311-All, $94,217.00

b. VM-07-13: Emergency Vehicle Upfit Equipment, GT Distributors (Austin, TX) Buyboard Contract #363-10, $54,286.27

3. Consideration of matters related to CFM-02-13 Construction and Facilities Management Janitorial Services: (submitted by Construction and Facilities Manager Ron Lewis)

a. Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities


Management Janitorial Services to Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial Services and to authorize the City Manager to execute a services agreement, and related documents, between the City of San Angelo and Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial Services in accordance with said bid award; and providing for an effective date

b. a Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities Management Janitorial Services to ABM Janitorial Service - South Central, Incorporated and to authorize the City Manager to execute a services agreement, and related documents, between the City of San Angelo and ABM Janitorial Service - South Central, incorporated in accordance with said bid award; and providing for an effective date

c. Consideration of adopting a Resolution to award RFB CFM-02-13 Construction and Facilities Management Janitorial Services to Varsity Contractors, Incorporated and to authorize the City Manager to execute a janitorial services agreement, and related documents, between the City of San Angelo and Varsity Contractors, Incorporated in accordance with said bid award; and providing for an effective date

4. 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: (submitted by Water Utilities Director Ricky Dickson)

a. 2810 Red Bluff Road, Lot 18, Group Red Bluff (Benetich),$91,800.00 b. 2165 Gun Club Road, Lot 10, Group 10 (Butts), $88,000.00

5. Consideration of adopting a Resolution authorizing the Mayor to execute a Special Warranty Deed conveying all right, title and interest of the City of San Angelo:

a. 108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000

6. 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:

a. 2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No. TAX91-0010B

b. 309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B c. 310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6,

Block 3, Akins, $750, Suit No. TAX89-0364B d. 115 W 16th Street, (Guerra), Lot 3, Block 11, Lasker, $1,900, Suit No. B-06-0088-T e. 217 W 16th Street, (Guerra), Lot 3, Block 12, Lasker, $2,500, Suit No. B-05-0274-T f. 2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-

0217B g. 209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T h. 1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T i. 322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T j. 613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T k. 800 W 16th Street, (Roberts), Lot 10, Block 5, Mineola, $750, Suit No. TAX89-0032B l. 804 W 16th Street, (Roberts), Lot 11, Block 5, Mineola, $750, Suit No. TAX91-0054B m. 810 W 16th Street, (Roberts), Lot 12, Block 5, Mineola, $750, Suit No. TAX93-0151B

7. Consideration of approving a Recreational or Agricultural Lease agreement with MK-Allan Enterprises, Inc., a Texas corporation for 9.77 acres of land located adjacent to the Concho River and authorizing the City Manager or Water Utilities Director to execute the same (submitted by Water Utilities Director Ricky Dickson)


8. Consideration of adopting a Resolution authorizing the City Manager to execute a second amendment to Commercial Lease Agreement with lessee, Lee Brown and Gale Brown , d/b/a Spring Creek Marina, at Lake Nasworthy, specifically-describing the leased premises, providing for the non-exclusive joint use of certain areas of the leased premises, and revising indemnification and insurance requirements of lessee (submitted by Assistant City Manager Rick Weise and Water Utilities Director Ricky Dickson)

9. Consideration of adopting a Resolution authorizing the City Manager to execute a first amended lease agreement with Texas Southwest Council of the Boys Scouts of America, Inc, (formerly known as Concho Valley Council, Inc., Boy Scouts of America) to amend original lease agreement between City of San Angelo and Concho Valley Council, Inc., Boy Scouts of America, for lease of city premises located at 104 West Veterans Memorial Drive, San Angelo, Tom Green County, Texas (submitted by Parks and Recreation Director Carl White)

10. Consideration of adopting a Resolution authorizing the City Manager to execute a First Amendment to Lake Nasworthy Cruise Boat Concession Agreement to: provide for a prorated credit against the annual fixed base payment for days during a contract year in which lake level is insufficient for operation of the cruise boat concession; clarify the beginning and ending months applicable to the annual fixed base payment schedule; and describe the concession premises (submitted by Parks and Recreation Director Carl White)

11. Consideration of adopting By-Laws for the Parks and Recreation Advisory Board (submitted by Parks and Recreation Director Carl White)

12. Consideration of adopting a Resolution to approve the City of San Angelo’s participation in the Texas Events Trust Fund for the National Reined Cow Horse Association 2013 Celebration of Champions in the amount of $13,136.00 with a state match of $82,098.00, to create a total trust fund of $95,234.00 (submitted by Civic Events Manager Angelica Pena)

13. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser

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: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-08: Cho Walker

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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY



Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel

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: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


Z 13-10: Mills Development Inc.

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 occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

III. REGULAR AGENDA:

E. EXECUTIVE/CLOSED SESSION

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

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 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

F. PUBLIC HEARING AND COMMENT

17. Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto (Presentation by Morgan Chegwidden, Budget Manager)

18. Discussion and update on current water supply and any action in connection thereto (Presentation by Water Utilities Director Ricky Dickson)

19. Discussion of late fees associated with delinquent water utility statements (Presentation by Water Utilities Director Ricky Dickson)


20. Update and presentation on Boards and Commissions regarding attendance, meeting quorum issues, related matters, and any action in connection thereto (Presentation by City Clerk Alicia Ramirez and related Board Liaisons)

G. FOLLOW UP AND ADMINISTRATIVE ISSUES

21. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed

22. Consideration of approving a Board nomination by Council and designated Councilmembers:

a. Civic Events Board: Estela Salas (SMD5) to an unexpired term October 2014

23. Consideration of Civil Service Commission nomination, Raul Lopez, by City Manager and approval by City Council

24. Announcements and consideration of Future Agenda Items

25. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, April 11, 2013, at 5:30 P.M.

/s/________________________ Alicia Ramirez, City Clerk

City of San Angelo

Memo

Date: March 26, 2013

To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for April 16, 2013 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of approving NJPA quote VM-06-13 for an aerial bucket truck and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested a quote for an aerial bucket truck for the use of the City’s Traffic Department. Altec Industries (Kaufman, TX) submitted a quote through the National Joint Powers Association (NJPA) purchasing cooperative contract #060311-All. History: Quotes were requested for replacing current equipment that is past its useful operational life. Vendor selection is based on the financial impact of the quote; 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: The City will purchase one (1) aerial bucket truck from Altec Industries through the NJPA purchasing cooperative for $94,217.00 expensed from the account number 501-3102-800-0742. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding quote and subsequent purchase to Altec Industries (Kaufman, TX) through NJPA pricing. Attachments: None Reviewed by: Shane Kelton, Operations Director

Bids\Agenda Background\Background Memo VM-06-13 - Bucket Truck.doc X:\PF Documents\Bid Documents\2013 Equipment

City of San Angelo

Memo

Date: April 1, 2013

To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for April 16, 2013 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of approving Buyboard quote VM-07-13 for Emergency Vehicle Upfit Equipment and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested quotes for equipment used in the upfitting process of emergency response vehicles. GT Distributors (Austin, TX) submitted a quote through the Buyboard purchasing cooperative contract #363-10. History: Quotes were requested for emergency lightbars, emergency lighting, prisoner transport seats, and prisoner partitions used in the upfitting process by the Vehicle Maintenance Department. Items chosen are those proven by San Angelo patrol officers to provide maximum safety to officers and prisoners, prisoner confinement, and consistency and familiarity with existing equipment. Financial Impact: The City will purchase equipment for 17 vehicles for Police Patrol, Municipal Court and Lake Patrol totaling $54,286.27 from their respective capital accounts. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding quote and subsequent purchase to GT Distributors (Austin, TX) through Buyboard contract number 363-10. Attachments: Buyboard Quote QTE0061884, QTE0060246 – GT Distributors Reviewed by: Tim Vasquez, Chief of Police

X:\PF Documents\Bid Documents\2013 Equipment Bids\Agenda Background\Background Memo VM-07-13 - Emergency Vehicle Upfit Equipment.doc

003582Master No.

0/0/0000

GT Distributors - Austin

U NET 15

San Angelo, City of

1

QTE0061884

San Angelo, City of

1/9/2013

TAHOE 956,316 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date

Quantity Item Number Description UOM Unit Price Ext. Price

Ship To:Bill To:

Quote

Date

Page:

Attn:Accounts PayableP.O. Box 1751San Angelo TX 76902

1727 St. Ann St.Attn: Patrick FrerichSan Angelo TX 76905

JD

(512) 451-8298

P.O. Box 16080Austin TX 78761

$413.44 $4,961.28 PG-P5712T12A* Progard 1/2 Polyc 1/2 Expanded Metal Window Each 12

2010-2013 Tahoe

$44.20 $530.40 PG-SP57FW12* Progard Lower Ext. Panel Full Width Each 12

$723.52 $8,682.24 PG-S5705T07* Progard ABS Std. Transport Seat with EA 12

7ga Steel Screen Window

Cargo Barrier & seat mount kit

$159.00 $1,908.00 SET-WB-SUV-STEEL* Setina Window Barriers Steel EA 12

2013 Tahoe

$77.90 $1,869.60 WE-LINZ6J Whelen Split Red Blue LED Lighthead EA 24

Peter Hernandez

$17,951.52

$0.00

$0.00

$17,951.52

$0.00 does not include shipping cost

Subtotal

Misc

Tax

Freight

Total

All returns must be authorized by GT Distributors. Interest charges on pastdue invoices at the maximum rate allowed by law.

003582Master No.

0/0/0000


U NET 15

San Angelo, City of

1

QTE0060246

San Angelo, City of

11/1/2012

WHELEN 920,955 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date


Ship To:Bill To:

Quote

Date

Page:



JD

(512) 451-8298


$67.90 $67.90 WE-VTX609J Whelen Vertex Split Red Blue EA 1

$4.67 $4.67 WE-VTXFB Whelen Vertex Flange Kit Black EA 1

$2,259.95 $2,259.95 WE-TXLIB-SR2PKG55 Whelen Liberty CenCom SA315P PKG 55" EA 1

$2,259.95 $2,259.95 WE-TXLIB-SR8PKG Whelen Liberty CenCom SA315P PKG EA 1

$213.00 $213.00 WE-SXTDLED Whelen Two High Int. LED Takedown Lights EA 1

$149.90 $149.90 PG-WB56NPC11* Progard Black Powder Coated Steel Standard Push EA 1

$308.90 $308.90 PG-S56C06* PG-Rear Seat-2004-08 Dodge Charger Grey EA 1

$414.50 $414.50 PG-P5612C11A* Progard 1/2 Polyc , 1/2 Exp Metal Window Part. EA 1

$59.95 $59.95 PG-RP56C11* Progard LEP 2011 Charger EA 1

$177.25 $177.25 PG-PB56C11* Progard Black Powder Coated Steel Standard Push EA 1

$269.94 $269.94 HS-C-VS-0809-CHGR-1*Havis 2011 Charger Vehicle Spec 17" Console EA 1

$65.34 $65.34 HS-C-ARM-103* Havis Shield Adjustable Armrest EA 1

$27.68 $27.68 HS-C-CUP2-I* Havis Shield-4 Inch High Plate-2 Cup Holders EA 1

$7.26 $14.52 HS-MC* Havis Shields Mic Clip Only EA 2

$9.24 $18.48 HS-MCB* Havis Shields Mic-Clip Bracket EA 2

$0.00 $0.00 HS-EB30-EOR-1P* Havis Shield-Orion Radio Bracket EA 1

$0.00 $0.00 HS-EB40-CCS-1P* Havis Shield-Equipment Bracket EA 1

003582Master No.

0/0/0000


U NET 15

San Angelo, City of

2

QTE0060246

San Angelo, City of

11/1/2012

WHELEN 920,955 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date


Ship To:Bill To:

Quote

Date

Page:



JD

(512) 451-8298


$0.00 $0.00 HS-C-FP-2* Havis Shield-Two Inch Filler Plate EA 1

$0.00 $0.00 HS-C-FP-1* Havis Shield-One Inch Filler Plate EA 1

$0.00 $0.00 HS-C-FP-3* Havis Shield-3 Inch Filler Plate EA 1

$83.70 $83.70 HS-C-TMW-CHGR-01* Havis-Console Mounting Base-Charger EA 1

$83.70 $83.70 HS-C-TMW-GMC-02* Havis 28" Long Tunnel Mt. 2010 Tahoe/Sub EA 1

Peter Hernandez

$6,479.33

$0.00

$0.00

$6,654.33

$175.00 Buyboard contract price

on Whelen #363-10

Subtotal

Misc

Tax

Freight

Total

All returns must be authorized by GT Distributors. Interest charges on pastdue invoices at the maximum rate allowed by law.

SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND ABM JANITORIAL SERVICES – SOUTH CENTRAL, INCORPORATED

RFB No. CFM-02-13

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

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

corporation of the State of Texas (“City”) and ABM Janitorial Services – South Central,

Incorporated, a foreign corporation (“Provider”).

RECITAL

A. City has issued a Request for Bid Construction & Facilities Management

Janitorial Services RFB No.CFM-02-13 (“RFB No.CFM-02-13”) for the provision of

professional janitorial services (“Services”) and Provider’s bid, in response thereto, has been

selected as the most qualified proposal for the provision of the Services. The RFB referred to

herein, collectively, as the Contract Documents, and are by this reference incorporated into and

made a part of this Agreement (“Agreement”).

B. On _____________, 2013, the City Council of City of San Angelo, approved the

selection of Provider and authorized the City Manager to execute a contract, under the terms and

conditions set forth herein.

TERMS:

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

made a part of this Agreement.

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2. TERM: The term of this Agreement shall be for three (3) years commencing on the

effective date hereof.

3. OPTION TO EXTEND: City shall have two (2) option(s) to extend the term hereof

for a period of one (1) year each, subject to availability, appropriation of funds and to agreement

of both parties. City Council approval shall not be required as long as the total extended term

does not exceed two (2) years.

4. SCOPE OF SERVICE:

A. Provider agrees to provide the Services as specifically described, and under the

special terms and conditions set forth, in Exhibit “A” attached hereto, which by this reference is

incorporated into and made a part of this Agreement.

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

licenses and expertise required for the performance of the Services; (ii) it is not delinquent in

the payment of any sums due City, including payment of permit fees, occupational licenses, etc.,

nor in the performance of any obligations to City; (iii) all personnel assigned to perform

Services are and shall be, at all times during the term hereof, fully qualified and trained to

perform the tasks assigned to each; and (iv) Services will be performed in the manner described

in Contract Documents.

5. COMPENSATION:

A. The amount of compensation payable by the City to Provider shall be based on

the rates described in Exhibit “B” attached hereto, which by this reference is incorporated into

this Agreement.

B. Unless otherwise specifically provided in Exhibit “B”, payment shall be made

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

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by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of

expenditures should City require one to be performed. No advance payments shall be made at

any time.

6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any

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

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

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

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

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

7. AUDIT AND INSPECTION RIGHTS:

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

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

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

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

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

B. City may, at reasonable times during the term hereof, inspect Provider’s work and

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

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

and/or the terms found in Exhibit “A”, if applicable. Provider shall make available to City all

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

representatives.

8. AWARD OF AGREEMENT: Provider represents and warrants to City that it has not

employed or retained any person or company employed by City to solicit or secure this

4

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

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

of this Agreement.

9. PUBLIC RECORDS: Provider understands that the public shall have access, at all

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

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

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

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

Agreement by City.

10. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Provider, its

agents, employees and sub-providers understands that agreements between private entities and

local governments are subject to certain laws and regulations, including laws pertaining to public

records, conflict of interest, record keeping, etc. Provider agrees to comply with and observe all

applicable laws, city charter, codes and ordinances as they may be amended from time to time.

Provider must obtain all necessary permits and licenses that are required in completing the work

contracted for in this agreement.

11. VENUE: Venue for any cause of action arising under this contract is Tom Green

County, Texas. This contract is governed by the laws of the State of Texas both as to

interpretation and performance. This contract shall, in any dispute over its meaning or

application, be interpreted fairly and reasonably, and not more strongly for or against either

party.

12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City and its

officials, employees and agents (collectively referred to as “Indemnitees”) and each of them from

5

and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney’s fees)

or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any

person or damage to or destruction or loss of any property arising out of, resulting from, or in

connection with (i) the performance or non-performance of the services contemplated by this

Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any

act, omission, default or negligence (whether active or passive) of Provider or its employees,

agents or sub-providers (collectively referred to as “Provider”), regardless of whether it is, or is

alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,

omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or

(ii) the failure of provider to comply with any of the paragraphs herein or the failure of provider

to conform to statutes, ordinances, or other regulations or requirements of any governmental

authority, federal or state, in connection with the performance of this Agreement. Provider

expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and

against all liabilities which may be asserted by an employee or former employee of Provider, or

any of its sub-providers, as provided above, for which provider’s liability to such employee or

former employee would otherwise be limited to payments under state Workers’ Compensation or

similar laws.

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

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

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

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

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

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

6

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

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

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

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

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

Services, including consequential and incidental damages.

14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that

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

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

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

amount of compensation hereunder exceeds Twenty-five Thousand and 00/00 Dollars

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

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

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

exceeds Twenty-five Thousand and 00/00 Dollars ($25,000.00), or (ii) a period of sixty (60) days

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

accompanied by all supporting documentation (ninety (90) days if the City Manager’s decision is

subject to City Council approval); or (iii) City has waived compliance with the procedure set

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

15. CITY’S TERMINATION RIGHTS:

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

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

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

7

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

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

consequential or incidental damages.

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

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

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

Provider was in default under this Agreement.

16. INSURANCE: Provider shall, at all times during the term hereof, maintain such

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

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

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

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

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

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

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

insurance with City.

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

additional liability insurance coverage or coverage which is different in kind, City reserves the

right to require the provision by Provider of an amount of coverage different from the amounts or

kind previously required and shall afford written notice of such change in requirements thirty

(30) days prior to the date on which the requirements shall take effect. Should provider fail or

refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s

8

written notice, this Contract shall be considered terminated on the date that the required change

in policy coverage would otherwise take effect.

17. SPECIAL INDEMNIFICATION AND INSURANCE:

A. INDEMNIFICATION:

1. GENERAL INDEMNIFICATION. PROVIDER AGREES TO

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

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

CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND

AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS,

JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES,

ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR

PERSONS, INCLUDING AGENTS OR EMPLOYEES OF PROVIDER OR CITY,

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

TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION

OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO

ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF

PROVIDER, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE

OF PROVIDER AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS

EXECUTION OR PERFORMANCE OF THIS AGREEMENT OR SUSTAINED

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

TO BE DONE OR ADMITTED TO BE DONE BY PROVIDER HEREUNDER.

THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS

AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED.

NOTHING HEREIN SHALL REQUIRE PROVIDER TO INDEMNIFY, DEFEND,

OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED

PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

2. ENVIRONMENTAL INDEMNIFICATION. PROVIDER AGREES TO

INDEMNIFY, DEFEND AND HOLD CITY AND ITS COUNCIL MEMBERS,

BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS,

INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS

9

FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS,

SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES,

ATTORNEYS’ FEES AND EXPENSES ASSERTED BY LOCAL, STATE OR

FEDERAL ENVIRONMENTAL AGENCIES OR PRIVATE INDIVIDUALS OR

ENTITIES IN CONNECTION WITH OR RESULTING FROM OR ARISING

OUT OF PROVIDER’S HANDLING, COLLECTION, TRANSPORTATION,

STORAGE, DISPOSAL, TREATMENT, RECOVERY, AND/OR REUSE BY ANY

PERSON UNDER PROVIDER’S DIRECTION OR CONTROL OF WASTE

COLLECTED, TRANSPORTED OR LANDFILLED OR ANY CLEANUP

ASSOCIATED WITH ENVIRONMENTAL CONTAMINATION, WHETHER

SUCH CLEANUP IS OF AIR, SOIL, STRUCTURE, GROUND WATER OR

SURFACE WATER CONTAMINATION. PROVIDER SPECIFICALLY

AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY AGAINST

ALL CLAIMS, DAMAGES AND LIABILITIES OF WHATEVER NATURE

ASSERTED UNDER CERCLA CAUSED BY ACTS OR OMISSIONS OF

PROVIDER REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED.

PROVIDER SHALL BE RESPONSIBLE AND LIABLE FOR ANY SPILL,

UNDERGROUND POLLUTION OR ANY OTHER ENVIRONMENTAL

IMPAIRMENT INCIDENT CAUSED BY ACTS OR OMISSIONS OF PROVIDER

REGARDLESS OF WHEN SUCH INCIDENT IS DISCOVERED. IT IS THE

INTENT OF THE PARTIES THAT THIS SECTION SHALL IN NO WAY LIMIT

OTHER COVERAGE HEREIN AS IT MAY RELATE TO ANY

ENVIRONMENTAL CLAIM, DAMAGE, LOSS OR LIABILITY OF ANY KIND.

3. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY

PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION

OF THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER

OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER

AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF

THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY

(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST

10

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

OMISSIONS OF PROVIDER IN PERFORMING UNDER THIS AGREEMENT.

4. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN

THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND

ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT

BUT RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY

HAVE OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS

BETWEEN CITY AND PROVIDER.

B. INSURANCE:

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

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

Agreement.

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

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

Texas.

b) Named Insureds. All insurance policies required herein shall be drawn in

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

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

insureds, except on Workers’ Compensation coverage.

c) Waiver of Subrogation. Provider shall require its insurance carrier(s), with

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

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

and employees.

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

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

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

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

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

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

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

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

11

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

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

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

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

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

Beauregard Ave., San Angelo, Texas 76903.

e) Provider’s Liability. The procurement of such policy of insurance shall not

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

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

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

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

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

contractual responsibility or obligation.

f) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and

Sub-Sub-Provider of Provider to purchase and maintain insurance of the types and in the

amounts specified below. Provider shall require Sub-providers and Sub-Sub-Providers to

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

coverage for each Sub-Provider and Sub-Sub-Provider.

2. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall

obtain and continuously maintain in effect at all times during the term hereof, at

Provider’s sole expense, insurance coverage as follows with limits not less than those set

forth below:

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

policy and shall protect provider and additional insureds against all claims arising from

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

and damage to property of city or others arising out of the act or omission of provider or

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

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

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

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

12

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

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

$ 1,000,000.00 General Aggregate $ 500,000.00 Products – Completed Operations $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) b) Business Automobile Liability. This policy shall be written in

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

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

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

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

Coverage shall be as follows:

$ 500,000.00 Each Accident Limit c) Workers’ Compensation and Employer’s Liability. If Provider hires any

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

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

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

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

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

Statutory Amount Workers’ Compensation

$ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease – Policy Limit

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

a self-insurer under the rules and regulations of the commission or agency administering

the workers’ compensation program in Texas and furnishes evidence of such

qualification to City in accordance with the notice provisions of this Agreement.

13

If Provider uses contract labor, Provider shall require its sub-provider to maintain the

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

herein.

18. NONDISCRIMINATION: Provider represents and warrants to City that Provider does

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

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

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

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

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

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

19. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with

the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or

services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment

as required by IRCA.

20. INDEBTEDNESS TO CITY: Provider agrees that no payments owed by him, of any

nature whatsoever, to the City, including payment in advance for service charges or any sums of

any character whatsoever, shall become delinquent or in arrears.

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

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

discretion.

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

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

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

14

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

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

or the date of actual receipt, whichever is earlier.

TO CITY: TO PROVIDER:

City of San Angelo ABM Janitorial Services-South Central, Inc. Attn: Ron Lewis Attn: Tom McDonald 72 West College Avenue 809 North Judge Ely San Angelo, Texas 76903 Abilene, Texas 79601 Phone: (325) 481-2773 Phone: (325) 677-1198 Email: [email protected] Email: [email protected]

23. MISCELLANEOUS PROVISIONS:

A. This Agreement shall be construed and enforced according to the laws of the State

of Texas.

B. Title and paragraph headings are for convenient reference and are not a part of

this Agreement.

C. No waiver or breach of any provision of this Agreement shall constitute a waiver

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

effective, unless made in writing.

D. Should any provision, paragraph, sentence, word or phrase contained in this

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

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

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

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

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

force and effect or limitation of its use.

15

E. This Agreement constitutes the sole and entire agreement between the parties

hereto. No modification or amendment hereto shall be valid unless in writing and executed by

properly authorized representatives of the parties hereto.

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

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

25. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to

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

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

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

unclassified employees. Provider further understands that Texas Workers’ Compensation

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

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

City under this Agreement.

26. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT

PROGRAM: City has established a Historically Underutilized Businesses Procurement

Program (“HUB Program”) designed to increase the volume of City procurement and agreements

with minorities and women-owned businesses. Provider understand and agrees that City shall

have the right to terminate and cancel this Agreement, without notice or penalty to City, and to

eliminate Provider from consideration and participation in future City contracts if Provider, in

the preparation and/or submission of the Proposal, submitted false or misleading information as

to its status as a minority and/or a woman-owned business and/or the quality and/or type of

minority or woman-owned business participation.

16

27. AMENDMENTS: City or Provider may amend this Contract at any time provided that

such amendments make specific reference to this Contract, and are executed in writing, signed

by a duly authorized representative of City and Provider, and approved by City. Such

amendments shall not invalidate this Contract, nor relieve or release City or Provider from their

respective obligations under this Contract.

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

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

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

regulations, upon thirty (30) days notice.

29. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the

representations contained in this Agreement, and included in Exhibit “A” attached hereto and

made a part thereof. Contractor herby reaffirms all of the representations contained in RFB

No.CFM-02-13

30. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject

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

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

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

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

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

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

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

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

effect.

17

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

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

one and the same agreement.

18

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

contained, Provider and City agree as follows:

“City”

CITY OF SAN ANGELO, a municipal corporation ATTEST: _________________________ By: ______________________________ Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager

“Provider” ABM JANITORIAL SERVICES-SOUTH CENTRAL INC.

By: __________________________________ Tom McDonald, Branch Manager ATTEST: _________________, Secretary

19

EXHIBIT “A”

Scope of Work

20

EXHIBIT “B”

Compensation Fee Schedule

21

SERVICES AGREEMENT

BETWEEN CITY OF SAN ANGELO, TEXAS AND ABM JANITORIAL SERVICES-SOUTH CENTRAL INC.

RFB No. CFM-02-13

APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ______________________________ __________________________________ Lysia H. Bowling City Attorney John Seaton, Risk Manager APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ______________________________ _____________________________________ Roger Banks, Purchasing Manager Ron Lewis, Facilities/Maintenance Manager

SERVICES AGREEMENT BETWEEN THE

CITY OF SAN ANGELO, TEXAS AND Curtis E. Bargley and Donna Bargley

d/b/a BARGLEY JANITORIAL SERVICES RFB CFM-02-13

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

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

the State of Texas (“City”) and Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial

Services (“Provider”).







RECITAL




1.

TERMS:

RECITALS:

2.

The recitals are true and correct and are hereby incorporated into and


TERM: The term of this Agreement shall be for three (3) years commencing on the


2

3. OPTION TO EXTEND:

4.

City shall have two (2) option(s) to extend the term hereof







SCOPE OF SERVICE:








5.



this Agreement.

COMPENSATION:




3


any time.

6. OWNERSHIP OF DOCUMENTS:

7.

Provider understands and agrees that any








AUDIT AND INSPECTION RIGHTS:









representatives.




4


of this Agreement.

9. PUBLIC RECORDS:

10.

Provider understands that the public shall have access, at all





Agreement by City.

COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:

11.

Provider, its







VENUE:

12.

Venue for any cause of action arising under this contract is Tom Green




party.

INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City and its



5
















similar laws.








6






14. RESOLUTION OF CONTRACT DISPUTES:

15.

Provider understands and agrees that

















CITY’S TERMINATION RIGHTS:

7







16. INSURANCE:









Provider shall, at all times during the term hereof, maintain such









8

17.

A. INDEMNIFICATION:

SPECIAL INDEMNIFICATION AND INSURANCE:

1. GENERAL INDEMNIFICATION

2.

. PROVIDER AGREES TO






















ENVIRONMENTAL INDEMNIFICATION. PROVIDER AGREES TO







9





















3. PROSPECTIVE APPLICATION

4.

. ANY AND ALL INDEMNITY









RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN


10





B. INSURANCE:

1. GENERAL CONDITIONS.

a)

The following conditions shall apply to all


Agreement.

Satisfactory Companies

b)

. Coverage shall be maintained with insurers and


Texas.

Named Insureds

c)

. All insurance policies required herein shall be drawn in




Waiver of Subrogation

d)

. Provider shall require its insurance carrier(s), with



and employees.

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












11



e) Provider’s Liability

f)

. The procurement of such policy of insurance shall not







Sub-providers’ Insurance

2.

. Provider shall cause each Sub-Provider and





TYPES AND AMOUNTS OF INSURANCE REQUIRED

a)

. Provider shall



forth below:

Commercial General Liability

. This policy shall be an occurrence-type










$ 1,000,000.00 General Aggregate $ 500,000.00 Products – Completed Operations $ 500,000.00 Personal & Advertising Injury

12

$ 500,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) b) Business Automobile Liability

. This policy shall be written in






$ 500,000.00 Each Accident Limit c) Workers’ Compensation and Employer’s Liability

. If Provider hires any














herein.

13

18. NONDISCRIMINATION:

19.

Provider represents and warrants to City that Provider does







VERIFICATION OF EMPLOYMENT ELIGIBILITY:

20.

Provider must comply with




INDEBTEDNESS TO CITY:

21.

Provider agrees that no payments owed by him, of any



ASSIGNMENT:

22.

This Agreement shall not be assigned by Provider, in whole or in part,


discretion.

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






14


City of San Angelo Bargley Janitorial Services Attn: Ron Lewis Attn: Donna Bargley 72 West College Avenue 1613 Idaho Avenue San Angelo, Texas 76903 San Angelo, Texas 76904 Phone: (325)481-2773 Phone: (325) 617-2010 Email: [email protected] Email:bargley [email protected]

23.


of Texas.

MISCELLANEOUS PROVISIONS:


this Agreement.














15

24. SUCCESSORS AND ASSIGNS:

25.

This Agreement shall be binding upon the parties


INDEPENDENT PROVIDER:

26.

Provider has been procured and is being engaged to








HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT

PROGRAM

27.

: City has established a Historically Underutilized Businesses Procurement








AMENDMENTS: City or Provider may amend this Contract at any time provided that



16



28. CONTINGENCY CLAUSE:

29.

Funding for this Agreement is contingent on the




REAFFIRMATION OF REPRESENTATIONS:

30.

Provider hereby reaffirms all of the



No.CFM-02-13

DOCUMENTS OF INCORPORATION:

31.

This Agreement is expressly made subject





ENTIRE AGREEMENT:

32.

This instrument and its attachments constitute the sole and




effect.

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



17

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

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

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

“Provider” BARGLEY JANITORIAL SERVICES

By: _______________________________ Donna Bargley, ATTEST: _________________, Secretary

18

EXHIBIT “A”

Scope of Work

19

EXHIBIT “B”

Fee Schedule

20

SERVICES AGREEMENT BETWEEN CITY OF SAN ANGELO, TEXAS

AND BARGLEY JANITORIAL SERVICES RFB No.CFM-02-13

APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ______________________________ __________________________________ Lysia H. Bowling City Attorney John Seaton, Risk Manager APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ______________________________ ____________________________________ Roger Banks, Purchasing Manager Ron Lewis, Construction & Facility Manger

SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND VARSITY JANITORIAL SERVICES

RFB No. CFM-02-13

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

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

corporation of the State of Texas (“City”) and Varsity Contractors, Inc., a foreign corporation

(“Provider”).

RECITAL










TERMS:

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


2

2. TERM: The term of this Agreement shall be for three (3) years commencing on the


3. OPTION TO EXTEND: City shall have two (2) option(s) to extend the term hereof




4. SCOPE OF SERVICE:











5. COMPENSATION:



this Agreement.



3



any time.

6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any






7. AUDIT AND INSPECTION RIGHTS:











representatives.



4



of this Agreement.

9. PUBLIC RECORDS: Provider understands that the public shall have access, at all





Agreement by City.

10. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Provider, its







11. VENUE: Venue for any cause of action arising under this contract is Tom Green




party.

12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless City and its


5

















similar laws.







6







14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that













15. CITY’S TERMINATION RIGHTS:




7








16. INSURANCE: Provider shall, at all times during the term hereof, maintain such















8



17. SPECIAL INDEMNIFICATION AND INSURANCE:

A. INDEMNIFICATION:

1. GENERAL INDEMNIFICATION. PROVIDER AGREES TO






















2. ENVIRONMENTAL INDEMNIFICATION. PROVIDER AGREES TO




9
























3. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY







10



4. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN






B. INSURANCE:

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


Agreement.

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


Texas.

b) Named Insureds. All insurance policies required herein shall be drawn in




c) Waiver of Subrogation. Provider shall require its insurance carrier(s), with



and employees.

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








11







e) Provider’s Liability. The procurement of such policy of insurance shall not







f) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and





2. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall



forth below:

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








12



$ 1,000,000.00 General Aggregate $ 500,000.00 Products – Completed Operations $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire) b) Business Automobile Liability. This policy shall be written in






$ 500,000.00 Each Accident Limit c) Workers’ Compensation and Employer’s Liability. If Provider hires any












13



herein.

18. NONDISCRIMINATION: Provider represents and warrants to City that Provider does







19. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with




20. INDEBTEDNESS TO CITY: Provider agrees that no payments owed by him, of any



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


discretion.

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



14





City of San Angelo Varsity Contractors, Inc. Attn: Ron Lewis Attn: Michael Franssen 72 West College Avenue 1901 Austin Street San Angelo, Texas 76903 San Angelo, Texas 76903 Phone: (325)481-2773 Phone: (281) 896-7773 Email: [email protected] Email: [email protected]

23. MISCELLANEOUS PROVISIONS:


of Texas.


this Agreement.











15




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


25. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to








26. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT

PROGRAM: City has established a Historically Underutilized Businesses Procurement








16

27. AMENDMENTS: City or Provider may amend this Contract at any time provided that





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




29. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the



No.CFM-02-13

30. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject





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




effect.

17

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



18

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

contained, Provider and City agree as follows:

“City”

CITY OF SAN ANGELO, a municipal corporation

ATTEST: _________________________ By:______________________________ Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager

“Provider” VARSITY CONTRACTORS, INC.

By:_________________________________ Michael Franssen, Texas District Manager ATTEST: _________________, Secretary

19

EXHIBIT “A”

Scope of Work

20

EXHIBIT “B”

Compensation Fee Schedule

21

SERVICES AGREEMENT

BETWEEN CITY OF SAN ANGELO, TEXAS AND VARSITY CONTRACTORS, INC.

RFB No. CFM-02-13

APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ______________________________ __________________________________ Lysia H. Bowling City Attorney John Seaton, Risk Manager APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ______________________________ _____________________________________ Roger Banks, Purchasing Manager Ron Lewis, Facilities/Maintenance Manager

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

City of San Angelo

Memo Date: March 13, 2013

To: Mayor and Council Members

From: Ron Lewis, Construction and Facilities Maintenance

Subject: Agenda Item for April 2, 2013 Council Meeting

Contact: Ron Lewis, 481.2773

Caption: Consent

Adoption of a resolution awarding a contract for Janitorial Services between the City of San Angelo and ABM Janitorial Services, Varsity Contractors, and Bargley Janitorial and authorizing the Mayor and/or City Manager to execute said contract.

Summary:

The City of San Angelo posted RFB: CFM-02-13 on the COSA website and advertised twice in the San Angelo Standard Times Newspaper, and directly notified twenty-five (25) vendors for Janitorial Services. Twenty (20) vendors were located in San Angelo. The bids were opened on Friday, February 8, 2013. Eight (8) vendors responded. The resulting best value for the City of San Angelo includes three (3) vendors to clean a total of twelve (12) COSA buildings. The initial term of the contract is for three (3) years with two (2) options to extend for a period of one (1) year each.

History: Construction and Facilities Maintenance and the Purchasing Department prepared RFB: CFM-02-13 for Janitorial Services. Varsity Contractors and ABM Janitorial Services are currently providing Janitorial Services to some COSA facilities.

Financial Impact: Total impact is $13,372.83 per month ($160,473.96 annually) budgeted throughout several City department accounts.

Related Vision Item

(if applicable):

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

Other Information/ Recommendation:

Staff recommends approval of the three (3) contracts with ABM Janitorial Services, Varsity Contractors, and Bargley Janitorial

Attachments: ABM Janitorial Services: Resolution, Contract, Bid Tabs Varsity Contractors: Resolution, Contract, Bid Tabs Bargley Janitorial: Resolution, Contract, Bid Tabs

Presentation: NA

Publication: NA

Reviewed by Director:

Rick Weise, Assistant City Manager

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO FOR CITY COUNCIL TO AWARD RFB NO. CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO ABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND ABM JANITORIAL SERVICE - SOUTH CENTRAL, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of San Angelo issued a Request for Bid RFB No. CFM-02-13 Construction & Facilities Management Janitorial Services for the provision of professional janitorial services at various city facilities; and,

WHEREAS, ABM Janitorial Service - South Central, Incorporated’s bid, in response thereto, has been selected as the most qualified proposal for the provision of such janitorial services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Council hereby awards RFB No. CFM-01-13 Construction & Facilities Management Janitorial Services to ABM Janitorial Service - South Central, Incorporated for the provision of professional janitorial services at various city facilities and authorizes the City Manager to execute a services agreement, and any related documents, between the City of San Angelo and ABM Janitorial Service - South Central, Incorporated in accordance with said bid award.

PASSED, APPROVED, and ADOPTED on this the ____ day of

___________________, 2013.

CITY OF SAN ANGELO

By: ________________________ Alvin New, Mayor

ATTEST: Alicia Ramirez, City Clerk

Approved as to Content: Approved as to Form: __________________________ __________________________ Ron Lewis, Facilities/Maintenance Lysia H. Bowling, City Attorney Manager

Building Description Base Bid1 Accounting $160.00 ABM2 Business Resource Center 3 City Hall 4 Community Development Building 5 Construction & Facilities Maintenance Shop $75.00 ABM6 Emergency Operations Center 7 Traffic Operations Shop $75.00 ABM8 Utility Maintenance Shop $175.00 ABM9 Water Billing $647.92 ABM

10 Water Quality Lab Shop $75.00

Subtotal Items 1-10 $1,207.92

11 Ralph Chase State Building 12 Texas Workforce Commission

Subtotal Items 11-12

A RESOLUTION OF THE CITY OF SAN ANGELO FOR CITY COUNCIL TO AWARD RFB NO. CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEY JANITORIAL SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND DONNA BARGLEY AND CURTIS E. BARGLEY D/B/A BARGLEY JANITORIAL SERVICES IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of San Angelo issued a Request for Bid RFB No. CFM-02-13 Construction & Facilities Management Janitorial Services for the provision of professional janitorial services at various city facilities; and, WHEREAS, Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial Services’ bid, in response thereto, has been selected as the most qualified proposal for the provision of such janitorial services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Council hereby awards RFB No. CFM-01-13 Construction & Facilities Management Janitorial Services to Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial Services for the provision of professional janitorial services at various city facilities and authorizes the City Manager to execute a services agreement, and any related documents, between the City of San Angelo and Donna Bargley and Curtis E. Bargley d/b/a Bargley Janitorial Services in accordance with said bid award.


___________________, 2013.

CITY OF SAN ANGELO




Building Description Base Bid1 Accounting 2 Business Resource Center 3 City Hall 4 Community Development Building 5 Construction & Facilities Maintenance Shop 6 Emergency Operations Center 7 Traffic Operations Shop 8 Utility Maintenance Shop 9 Water Billing

10 Water Quality Lab Shop

Subtotal Items 1-10

11 Ralph Chase State Building $4,500.00 Bargely12 Texas Workforce Commission $3,500.00 Bargely

Subtotal Items 11-12 $8,000.00

A RESOLUTION OF THE CITY OF SAN ANGELO FOR CITY COUNCIL TO AWARD RFB NO. CFM-02-13 CONSTRUCTION AND FACILITIES MANAGEMENT JANITORIAL SERVICES TO VARSITY CONTRACTORS, INCORPORATED AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A JANITORIAL SERVICES AGREEMENT, AND RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND VARSITY CONTRACTORS, INCORPORATED IN ACCORDANCE WITH SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of San Angelo issued a Request for Bid RFB No. CFM-02-13 Construction & Facilities Management Janitorial Services for the provision of professional janitorial services at various city facilities; and,

WHEREAS, Varsity Contractors, Incorporated’s bid, in response thereto, has been selected as the most qualified proposal for the provision of such pest control services. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Council hereby awards RFB No. CFM-01-13 Construction & Facilities Management Janitorial Service to Varsity Contractors, Incorporated for the provision of janitorial services at various city facilities and authorizes the City Manager to execute a services agreement, and any related documents, between the City of San Angelo and Varsity Contractors, Incorporated in accordance with said bid award.


___________________, 2013.

CITY OF SAN ANGELO




Building Description Base Bid Alternate Bid1 2 Business Resource Center $628.71 Varsity3 City Hall $1,819.63 Varsity4 Community Development Building $1,143.75 Varsity5 6 Emergency Operations Center 572.82 Varsity 7 8 9

10

Subtotal Items 1-10 $2,963.38 $1,201.53 $4,164.91

11 12

Subtotal Items 11-12

Total Item 1-12

City of San Angelo

Memo Date:

To: Mayor and Councilmembers

March 26, 2013

From: Ricky Dickson, Water Utilities Director


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

Caption: Consent Item

Consideration of authorizing the sale of the following residential 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: Michael and Nancy Benetich 2810 Red Bluff Road Lot 18, Group Red Bluff $91,800 Bill and Mary Butts 2165 Gun Club Road Lot 10, Group 10 $88,000 History: None.

Financial Impact: Proceeds from the sale of lake lots go into 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 (Benetich); (Butts) Presentation: None. Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, March 26, 2013


City of San Angelo

Memo

Date: March 26, 2013


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


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


Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a Special Warranty Deed conveying all right, title and interest of the City of San Angelo:

108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000

Summary: A Request for Bids (RFB: PRO-06-12) was advertised for three (3) consecutive weeks and was mailed to six (6) potential bidders for the subject property. RFB Submittal Deadline was September 14, 2012. No bids were received.

History: The City acquired the subject property on October 24, 1957. The City has no future plans for the subject property, and is deemed as excess property.

The City has received a reasonable offer from Carlos Gonzalez in the amount of $2,000 for the purchase of the subject property.

Financial Impact: Upon approval: Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):

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

Neighborhood Vision – Attract reinvestment

Other Information/

Recommendation: Staff recommends approval.

Attachments: Resolution, Property Analysis, Special Warranty Deed and Property Location Map

Presentation: N/A

Publication: N/A

Reviewed by

Director: Lysia H. Bowling, City Attorney

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO

WHEREAS, the property described below was acquired on October 24, 1957 from W.E. Phillips as a part of the consideration to connect the black-top paving on Arlington Street to the paving on Paint Rock Road; and WHEREAS, the City has no future plans for the subject property and is now deemed as excess property; and WHEREAS, on July 5, 2012, an appraisal was prepared by Stribling-Probandt Appraisals. The fee simple market value of the subject property was $4,000; and WHEREAS, on September 14, 2012, no bids were received for a Request for Bids: PRO-06-12; and

WHEREAS, the City has received a reasonable offer from Carlos Gonzalez in the amount of $2,000 for the purchase of the subject property; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Special Warranty Deed conveying the following described real property to the following as specified below, all of the right, title, and interest of the City of San Angelo, located in San Angelo, Tom Green County, Texas: Conveying to: CARLOS GONZALEZ, a single person; ($2,000):

All of Lots 10 and 11 of the W.E. Phillips Addition to the City of San Angelo, Tom Green County, Texas, except the North 65 feet of said Lots 10 and 11 and the South 20 feet of said lots. Account #21-38700-0000-013-00

APPROVED AND ADOPTED ON THE DAY OF , 2013.

THE CITY OF SAN ANGELO

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

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

SPECIAL WARRANTY DEED

Date: __________________

Grantor: CITY OF SAN ANGELO, a Texas home-rule municipal corporation 72 West College Avenue

San Angelo, Tom Green County, Texas 76903 Grantee: CARLOS GONZALEZ, a single person

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

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

All of Lots 10 and 11 of the W.E. Phillips Addition to the City of San Angelo, Tom Green County, Texas, except the North 65 feet of said Lots 10 and 11 and the South 20 feet of said lots.

Account #21-38700-0000-013-00

Reservations from Conveyance:

This conveyance is subject to easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2013, the payment of which Grantee assumes.

Exceptions to Conveyance and Warranty:

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 conveys to Grantee the Property, together with all Grantor’s right, title, appurtenances and interest in and to the Property, subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys the Property, to have and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor hereby binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to

Conveyance and Warranty.

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

GRANTOR: CITY OF SAN ANGELO,

ATTEST: ____________________________ Alvin New, Mayor

____________________________ Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, as Mayor of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of said corporation. __________________________________ Notary Public, State of Texas After Recording, Return To:

108 Arlington Street , Lots 10 & 11 S /E N 65' of S 20' , W.E. Phillips Addition

City Address Points

Pending City Addresses

Retired City Addresses

County Address Points

Pending County Addresses

Retired County Addresses

Platted Lot Line Labels

Platted Lot Lines

City Parcel Popups Transparent

March 7, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: PRO-06-12/Sale of Tax Foreclosed Property * September 14, 2012

Property 1: 108 Arlington Street

Bid Security Bid

Bidders $500.00 Min $4,500 Rank1 No Bids Received $ - 123456789

10

Bid Packages Mailed To:San Angelo Realtors Association San Angelo, TXMr. P. Gilbert Gallegos San Angelo, TXMr. Miguel Duran San Angelo, TXMr. Lee Robles San Angelo, TXMr. Kenneth Barrows San Angelo, TXMr. Marshal Gray San Angelo, TX

Property 1: Lots 10 & 11, SAVE & EXCEPT the North 65’ and South 20’, W.E. Phillips Addition, 108 Arlington St

Y:\Real Estate Division\Property\AGENDA APR 16, 2013\108 Arlington Street, (Gonzalez), Lots 10 & 11, Phillips, $2,000 - City Owned Property\Bid

Tab

CITY OF SAN ANGELO REQUEST FOR BID

RFP No: PRO-06-12

Real Estate Division

Lots 10 & 11, SAVE & EXCEPT the North 65’ and South 20’,

W.E. Phillips Addition

108 Arlington Street

Zoned – RS-1

RFB Submittal Deadline

September 13, 2012/2:00 PM, Local Time

City of San Angelo

72 West College Avenue San Angelo, Texas 76903

ii

TABLE OF CONTENTS

Section Page

REQUEST FOR BID ........................................................................................................................................... 1

GENERAL ...................................................................................................................................................................... 1 DOCUMENT AVAILABILITY ................................................................................................................................................ 1 DIGITAL FORMAT ........................................................................................................................................................... 1 DISQUALIFICATION ......................................................................................................................................................... 1 REQUIRED RESPONSE ...................................................................................................................................................... 1 NO BID INSTRUCTIONS .................................................................................................................................................... 1 INTERPRETATIONS .......................................................................................................................................................... 1 ADDENDA ..................................................................................................................................................................... 2 CONFIDENTIALITY ........................................................................................................................................................... 2 AWARD OF CONTRACT .................................................................................................................................................... 2 ACCEPTANCE OF PROPOSAL CONTENT ................................................................................................................................ 2 COPIES OF BID TABULATION RESULTS ................................................................................................................................ 2

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

DEADLINE ..................................................................................................................................................................... 3 COPIES......................................................................................................................................................................... 3 FAXED/ELECTRONIC BIDS ................................................................................................................................................ 3 SEALED ENVELOPE ADDRESSING ....................................................................................................................................... 3 DELIVERY ENVELOPE/CONTAINER ADDRESSING ................................................................................................................... 3 DELIVERY SERVICE ADDRESSES USPS ADDRESS .............................................................................................................. 3 POINTS OF CONTACT ...................................................................................................................................................... 3

INSTRUCTIONS .................................................................................................................................................. 5

PROPOSAL/BID INTERPRETATION ...................................................................................................................................... 5 BID ITEM ...................................................................................................................................................................... 5 SALE “AS IS” ................................................................................................................................................................. 5 BID SECURITY ................................................................................................................................................................ 5 DEFAULT IN PURCHASE ................................................................................................................................................... 6 COMMISSIONS .............................................................................................................................................................. 6 EXECUTION OF SALES CONTRACT ...................................................................................................................................... 6 CORRECTIONS, ADDITIONS, OR DELETIONS .......................................................................................................................... 5 AUTHORIZED SIGNATURE ................................................................................................................................................. 5 MODIFICATION OR WITHDRAWAL OF BIDS .......................................................................................................................... 5 CONTINGENCY ............................................................................................................................................................... 5 DELIVERY DATE ............................................................................................................................................................. 5 RESERVATIONS .............................................................................................................................................................. 6 SUBMISSION OF BIDS ...................................................................................................................................................... 6 LATE BIDS .................................................................................................................................................................... 6 ACCEPTANCE ................................................................................................................................................................. 6

TERMS AND CONDITIONS ............................................................................................................................... 7

TITLE ........................................................................................................................................................................... 7 TITLE POLICY ................................................................................................................................................................. 7

This Table of Contents is intended as an aid and not as a comprehensive listing of the proposal package. Bidders are responsible for reading the entire proposal package and complying with all specifications.

UTILITIES ...................................................................................................................................................................... 7 INVOICES & PAYMENTS ................................................................................................................................................... 7 GRATUITIES .................................................................................................................................................................. 7 WARRANTY-PRICE ......................................................................................................................................................... 7 NO WARRANTY BY CITY AGAINST INFRINGEMENTS ............................................................................................................... 7 RIGHT OF INSPECTION ..................................................................................................................................................... 7 CANCELLATION .............................................................................................................................................................. 7 ASSIGNMENT-DELEGATION .............................................................................................................................................. 7 WAIVER ....................................................................................................................................................................... 8 MODIFICATIONS ............................................................................................................................................................ 8 APPLICABLE LAW ........................................................................................................................................................... 8 ADVERTISING ................................................................................................................................................................ 8 CONFLICT OF INTEREST ................................................................................................................................................... 8 LEGAL VENUE ................................................................................................................................................................ 8 AWARD CRITERIA ........................................................................................................................................................... 8

MAP ...................................................................................................................................................................... 9

FACT SHEET .................................................................................................................................................... 11

SAMPLE SALES CONTRACT ........................................................................................................................ 13

BID FORMS ....................................................................................................................................................... 19

DISCLOSURE OF CERTAIN RELATIONSHIPS.......................................................................................................................... 21 DEBARMENT AND SUSPENSION CERTIFICATION .................................................................................................................. 25 ADDENDUM ACKNOWLEDGMENT .................................................................................................................................... 27 BID SHEET .................................................................................................................................................................. 29

CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, Texas 76903 Tel: (325) 657-4219 or 657-4220

RFB: PRO-06-12/108 Arlington Street Page 1

REQUEST FOR BID

General

The City of San Angelo, Real Estate Division is accepting bids for the sale of Lots 10 & 11, SAVE & EXCEPT the North 65’ and South 20’, W.E. Phillips Addition, San Angelo, Tom Green County, Texas; located at 108 Arlington Street. This property is a SINGLE-FAMILY RESIDENCE (RS-1) ZONING DISTRICT.

Document Availability

Bid Documents are available in the Purchasing Department at the address listed below, or may be downloaded at the City’s website at www.sanangelotexas.us. To locate the documents on the website go to:

• City Departments • Purchasing • Bid Opportunities

Digital Format

If Respondents obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Respondents makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse.

Disqualification

The Respondent may be disqualified for any of the following reasons:

• The Respondent is involved in any litigation against the City of San Angelo; • The Respondent is in arrears on any existing contract or has defaulted on a previous contract with

the City; • The Respondent is debarred, suspended, or otherwise excluded from or ineligible for participation

in State or Federal assistance programs.

Required Response

The City requires a response to any RFB’s mailed to potential Respondents. Should a company receive an RFB, but choose not to bid on the project, then in order to remain on the City of San Angelo’s Potential Bidders List you must submit a “No Bid”.

No Bid Instructions

To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list.

Interpretations

All questions about the meaning or intent of the Contract Documents, including specifications shall be submitted to Purchasing Division in writing. Replies will be issued by Addenda posted on the Purchasing Department page of the City’s website Questions received less than ten (10) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. All addenda will be published on the City’s website. It is the Respondents responsibility to consider all addendums prior to submitting a bid.

http://www.sanangelotexas.us/


Addenda

Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue an addendum addressing the nature of the change. Respondents must acknowledge the addendums and include the form in the returned proposal package.

Confidentiality

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

Award of Contract

The City reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities in the RFB process. The City is an equal opportunity employer.

Acceptance of Proposal Content

Before submitting a proposal, each Respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the Respondent receives an award, failure to have made such investigation and examinations will in no way relieve the Respondent from his obligation to comply in every detail with all provisions and requirements.

Copies of Bid Tabulation Results

For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, 72 West College Avenue, San Angelo, Texas 76903 or email [email protected].

mailto:[email protected]



DEADLINE AND DELIVERY LOCATION

Deadline

Sealed Request for Bids (RFB) submittals must be received and time stamped on or before September 13, 2012, 2:00 PM, Local Time. The clock located in Purchasing will be the official time. Bids not received on time will be rejected

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

Copies

• One (1) unbound original of all required submission forms • One (1) electronic copy in PDF format on CD or USB Flash Drive of all requested submissions forms • One (1) complete bound copy of all submission forms (staples or binder clips are acceptable).

Faxed/Electronic Bids

Faxed or electronically transmitted RFB submittals will not be accepted.

Sealed Envelope Addressing

Lower left-hand corner: “RFB No. PRO-06-12/108 Arlington Street” Top Left-hand Corner: Bidders Name and Address

Delivery Envelope/Container Addressing

Mark delivery envelope “Sealed RFB Enclosed”

Delivery Service Addresses USPS Address

City of San Angelo City of San Angelo Purchasing Division, RFB: PRO-06-12 Purchasing Division, RFB: PRO-06-12 72 W College Avenue 72 W College Avenue, Suite 314 San Angelo, Texas 76903 San Angelo, Texas 76903

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

Diana Farris, Property Specialist Real Estate Division City of San Angelo 72 W College Avenue San Angelo Texas, 76903 Email: [email protected] Telephone: (325) 657-4212




Intentionally Left Blank



INSTRUCTIONS

Bid Item

Respondent is expected to examine all specifications herein and responsible for the inspection of the property and should satisfy themselves of exact location of the property. It is the Respondent’s responsibility for inspections, zoning, environmental assessments, engineering studies, mechanical inspections, pest control, etc. Such inspections will be at the expense of the Respondent. FAILURE to do so will be at the Respondent‘s risk.

Sale “As Is”

Property will be sold “As Is”, subject to ALL easements, blanket easements, right-of-ways, covenants, conditions, zoning, restrictions, water rights and all other restrictions or conditions, including physical conditions whether recorded or not.

Proposal/Bid Interpretation

Any explanation desired by a Respondent regarding the meaning or interpretation of the invitation, drawings, specifications, etc. must be requested in writing seven (7) days prior to the deadline to the Purchasing Department, City of San Angelo, 72 West College Avenue, San Angelo, TX 76903 to allow sufficient time for evaluation and reply to all prospective bidders before the submission of their bids. The bid invitation number must appear on all correspondence, inquiries, etc. pertaining to the invitation. Oral explanations or instructions given before the award of the contract are not binding and do not form a part of or alter in any way, the written agreement.

Corrections, Additions, or Deletions

Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum.

Bid Security

All bids shall include a bid security in the amount of $500.00, which will be applied toward the purchase price. Only Money Orders and Certified Checks are accepted; and are to be payable to the City of San Angelo. The bid securities will be returned to all unsuccessful Respondents within ten (10) business days of the City Council award of bid.

Modification or Withdrawal of Bids

Bid pricing CANNOT be altered or amended after the closing time. Bids may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Department. A bid may also be withdrawn in person by a Respondent or his authorized agent, provided his identity is made known and he signs a receipt for the bid. No bid may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Department.

Authorized Signature

Bids must show Respondent’s name, address, and be manually signed. The person signing the bid must have authority to execute contract. Any erasures or other changes must be initialed by the person signing the offer. If Respondent is married, the spouse must also sign the bid, unless the property will be purchased with separate property funds.

Contingency

No Contingency Contracts will be accepted.


Submission of Bids Sealed bids are to be returned by the closing time and date stated in the Deadlines and Delivery Options Section. Faxed bids will not be accepted.

Late Bids

Bids received after the advertised closing time and date regardless of the mode of delivery will be refused and returned unopened

Acceptance

Acceptance of Respondent’s offer will be notified by telephone and/or mail after final approval and acceptance of its offer by the San Angelo City Council.

Default in Purchase

If Respondent is awarded the bid and fails to purchase the property, Respondent agrees to forfeit the Bid Security amount in addition to any amount required by the Sales Contract to the City of San Angelo.

Commissions

Should a Respondent solicit representation from a Real Estate Licensee (Agent), the Respondent will be responsible for payment of commissions.

Execution of Sales Contract

Within ten (10) business days of awarding the bid, Respondent will execute a Sales Contract in substantially form with attached hereto.

Delivery of Property

Delivery of property shall occur as recognized in the Sales Contract and subject to approval by City Council.

Reservations

The City expressly reserves the right to accept, reject, or cancel all bids AND:

• Waive any defect, irregularity, or informality in any bid or bidding procedure. • Extend the bid closing time and date.

• Reissue a bid invitation or proposal. • Consider and accept an alternate bid as provided herein when most advantageous to the City. • Extend any contract when most advantageous to the City.



TERMS AND CONDITIONS

Title

Title shall not pass to Buyer until the City Special Warranty Deed is fully executed and sales price is paid to the City in full.

Title Policy

City will provide a Texas Owner’s Title Policy at the City’s expense. Utilities

The City makes no representation as to the availability of utilities or costs associated with utilities. It is the Buyer’s responsibility to determine availability and cost of utilities.

Invoices & Payments

This sale is a cash sale, closed at a local title company. The City will not carry a note on this property.

Gratuities

The City may, by written notice to the Buyer, cancel this contract without liability to Buyer if it is determined by City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities.

Warranty-Price

The Buyer warrants that no person or purchasing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or purchasing agencies maintained by the Buyer for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

No Warranty by City Against Infringements

The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Sales Contract.

Right of Inspection

Respondent shall have the right to inspect the property before submittal deadline.

Cancellation

Any cancellation Sales Contract shall be in accordance with the terms herein and the Sales Contract.

Assignment-Delegation

No right or interest in the Sales Contract shall be assigned nor shall any delegation of any obligation made by Buyer be valid without written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.


Waiver

No claim or right arising out of a breach of this Sales Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

Modifications

This Sales Contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

Applicable Law

This agreement shall be governed by all applicable laws.

Advertising

Buyer shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government.

Conflict Of Interest

Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and City Of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Sales Contract, as applicable.

Legal Venue

San Angelo, Tom Green County, Texas Award Criteria

The property will be awarded to the Respondent who submits the highest qualified bid. Final approval and acceptance rest with the San Angelo City Council.



MAP





FACT SHEET

Property Address: 108 Arlington Street Legal Description: W.E. Phillips Addition, Lot 10 & 11 except the N. 65’ & S. 20’ (Paint Rock Road) Tax ID Number: 2138700000001300 Lot Size: 95’ (eastern lot boundary) & 53’ (western lot boundary) x 133’ Zoning: RS-1 (Single-Family Residential); allows single-family homes on minimum lots of 50’x100’. Water/Sewer Connections: Subdivision Plat:

Lot Characteristics:

• Vacant; • Conditional/Special Uses – No; • Variances – No; • Special Permits – No; • Historic Overlay – No;

• Open Structure Overlay -Partially; • River Corridor – No; • Is a replat needed to build? Yes;

For more information:

Zoning/Subdivision Requirements – City of San Angelo Planning Division, 657-4210 Permit Requirements – City of San Angelo Inspections & Permits Division, 657-4420 General Development Questions – City of San Angelo Development Coordinator, 657-4210 Water Billing/Meters – City of San Angelo Water Billing Division, 657-4323 Purchasing of Tax Lots – City of San Angelo Real Estate Division, 657-4212 Ownership and Tax Information – Tom Green County Appraisal District, 658-5575 Documents of Record, including Plats – Tom Green County Clerk, Real Estate, 659-6552

NOTE: All information provided herein is based upon initial analysis of the property and is intended as a guide only; the City of San Angelo is not responsible for any error in this information or for any information concerning the property which is not included herein. Before purchasing any property, it is strongly advised to contact, at a minimum, the City and County offices listed above for the most up-to-date information.





SAMPLE SALES CONTRACT

REAL ESTATE CONTRACT OF SALE

(FOR CASH SALE)

THIS REAL ESTATE CONTRACT OF SALE (”Agreement”) is made by and between CITY OF SAN ANGELO, a Texas home-rule municipal corporation whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, (hereinafter “Seller”) and, _______________________________________(hereinafter "Purchaser"), upon the terms and conditions set forth in this Agreement.

ARTICLE I

PURCHASE AND SALE

Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase, the real property thereon, commonly known 108 ARLINGTON STREET and described as LOTS 10 & 11, SAVE & EXCEPT THE NORTH 65 FEET AND SOUTH 20 FEET OF SAID LOTS 10 & 11, W.E.PHILLIPS ADDITION (hereinafter “Property”), together with all and singular the rights and appurtenances pertaining to the property, for the consideration and upon and subject to the terms, provisions, and conditions set forth below.

ARTICLE II

PURCHASE PRICE 2.01 Amount of Purchase Price

The purchase price for the Property shall be the sum of Dollars ($ -___.00).

2.02 Payment of Purchase Price The full amount of the Purchase Price shall be due and payable at the closing.

ARTICLE III CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATIONS

The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to

the satisfaction of each of the following conditions precedent (any of which may be waived in whole or in part by Purchaser at or prior to the closing).

3.01 Preliminary Title Report

Within thirty-five (35) days after the date hereof, Seller shall cause (Title Company) to issue a preliminary title report (the "Title Report") accompanied by copies of restrictive covenants and all recorded documents referred to in the Preliminary Title Opinion affecting title such as easements, rights-of-way, liens and encumbrances. Purchaser shall give Seller written notice on or before the expiration of twenty-one (21) days after Purchaser receives the Preliminary Title Report of any condition of title as set forth in the report not acceptable to Purchaser. In that event Seller may, at Seller’s option, promptly undertake to eliminate or correct all unacceptable conditions of title to the reasonable satisfaction of Purchaser. If Seller chooses not to or is unable to correct the unacceptable conditions of title within twenty-one (21) days after receipt of the written notice thereof given by Purchaser, this Agreement shall thereupon immediately become null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser will be deemed to have approved all conditions of title disclosed by the preliminary title report to which Purchaser has made no timely objection as herein provided. 3.02 Survey

Purchaser at Purchaser’s option and expense may commission and be responsible for the expense of a survey of the Property. It is a condition precedent to Purchaser’s obligations under this Agreement that the survey not reveal a circumstance or condition relating to the Property that is unforeseen by the Purchaser. If such an unforeseen circumstance or condition is revealed by the survey, Purchaser may, at Purchaser’s option, terminate this


Agreement by giving written notice of termination to the Seller at any time on or before the expiration of twenty-one (21) days after Purchaser receives the Preliminary Title Report as provided in paragraph 3.01 above. If Purchaser chooses not to give notice of an unforeseen circumstance or condition as provided by this paragraph, this condition precedent shall be deemed waived by the Purchaser.

3.03 Seller’s Performance

Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions

required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing.

ARTICLE IV REPRESENTATIONS AND WARRANTIES OF SELLER

Seller represents and warrants to Purchaser, as of the closing date, as follows: (1) Seller has received no notice of pending or threatened condemnation or similar proceeding

affecting the Property, nor to the knowledge of Seller is there any such proceeding contemplated by any governmental authority.

(2) Seller has no knowledge of any pending or threatened claim or proceeding relating to access to the

Property;

(3) The property is zoned for ; Seller has no knowledge of any non-conforming use or conditional use on the subject real property occurring within the preceding twelve months.

(4) There are no lawsuits, claims, attachments, executions, or other proceedings pending, or to the

Seller’s knowledge, threatened, against or involving the Property; (5) Seller is not a “foreign person” as that term is defined in §1445 of the Internal Revenue Code of

1986, as amended;

(6) Seller has not retained the services of a real estate broker and to Seller’s knowledge no broker fee is or will be due or payable relating to the sale and conveyance of the Property as contemplated by this Agreement.

(7) Seller expressly makes no representations or warranties pertaining to any buildings or residential

structures that may be located on the Property. Seller’s representations and warranties made herein shall survive closing of the transaction contemplated by this Agreement.

ARTICLE V CLOSING

The closing shall be held at the office of _______(Title Company) __ (referred to in this Agreement as

“Title Company”), ____________________, San Angelo, Texas, 76903 on or before the 90th day after the last party executes this Agreement or at such time, date, and place as Seller and Purchaser may agree upon (which date is herein referred to as the "closing date"). At the closing Seller shall:

(1) Deliver to Purchaser a duly executed and acknowledged Special Warranty Deed, in a form

acceptable to the title company, conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following:

(a) General real estate taxes for the year of closing and subsequent years not yet due and

payable, which shall be prorated between the parties to date of closing;

(b) Any exceptions and reservations approved by Purchaser pursuant to Article III hereof; and

(c) Any exceptions and reservations approved by Purchaser in writing; and


(2) Deliver to Purchaser actual, exclusive possession of the property.

Costs, fees and expenses of closing in consummating the sale and purchase of the Property shall be borne and paid as follows:

(a) If sale is unconsummated, any fees or expenses owed to Title Company shall be paid out

of the escrow deposit;

(b) Appraisal fees shall be paid by Purchaser; (c) Premiums for Mortgagee’s Title Policy, if any, shall be paid by Purchaser; (d) Any escrow fee shall be paid by Purchaser; (e) Survey fees shall be paid by Purchaser;

(f) Attorney's fees shall be borne by and paid by the party at whose request the legal work

was performed. (g) Deed preparation and recording fees of same shall be paid by Seller; (h) Loan documents preparation and related recording fees, if any, paid by Purchaser; (i) Recording and copying costs shall be paid by Purchaser;

(j) Costs for tax certificates shall be paid by Seller.

ARTICLE VI BROKERS

It is understood and agreed that no brokers have been involved in the negotiation and consummation of this

Agreement.

ARTICLE VII ESCROW DEPOSIT

For the purpose of securing the performance of Purchaser under the terms and provisions of this

Agreement, Purchaser has delivered to the Title Company, the sum of Five Hundred Dollars ($500.00), the Escrow Deposit, which shall be paid by the Title Company to Seller in the event Purchaser breaches this Agreement as provided in Article IX hereof. At the closing, the Escrow Deposit shall be paid to Seller and applied against the purchase price, provided, however, that in the event the Purchaser shall have given written notice to the Title Company that one or more of the conditions precedent to Purchaser’s obligations set forth in Article III have not been met, or, in the, opinion of Purchaser, cannot be satisfied, in the manner and as provided for in Article III, then the balance of the Escrow Deposit remaining after withholding escrow fees and costs incurred, shall be forthwith returned by the Title Company to Purchaser.

ARTICLE VIII

BREACH BY SELLER

In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may pursue any remedy to which Purchaser may be entitled at law or in equity, including: (1) enforce specific performance of this Agreement; (2) request that the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser, after duly deducting Title Company fees and expenses which have been incurred; and (3) bring suit for damages against Seller.

ARTICLE IX

BREACH BY PURCHASER

In the event Purchaser should fail to consummate the purchase of the Property for reason other than default of the Seller and if the conditions precedent to Purchaser's obligations set forth in Article III are satisfied, Seller shall have the right to: (1) bring suit for damages against Purchaser or (2) receive the entire Escrow Deposit from the Title Company, the sum being agreed on as liquidated damages for Purchaser’s breach of this Agreement


ARTICLE X

MISCELLANEOUS 10.01 Assignment of Agreement

This Agreement may not be assigned without the express written consent of Seller. 10.02 Survival of Covenants

Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein.

10.03 Notice

Any notice required or permitted to be delivered hereunder shall be deemed received when hand-delivered

or sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below with the signature of the party.

10.04 Texas Law to Apply

This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all

obligations of the parties created hereunder are performable in Tom Green County, Texas.

10.05 Parties Bound This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,

executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement.

10.06 Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be

invalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never existed.

10.07 Prior Agreements Superseded

This Agreement constitutes the only agreement of the parties and supersedes any prior understandings or

written or oral agreements between the parties respecting the within subject matter.

10.08 Time of Essence Time is of the essence in this Agreement.

10.09 Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and

words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise.

10.10 The Term “Days”/Deadline

In this Agreement, the term “days” shall be construed to mean calendar days. All deadlines in this

Agreement expire at 5:00 p.m. Central Standard Time. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not on a Saturday, Sunday, or national holiday.


10.11 Counterparts If this Agreement is executed in multiple counterparts, all counterparts taken together will constitute this

Agreement.

Dated and entered into this day of _____________, 2012. SELLER: CITY OF SAN ANGELO 72 W. College Avenue

Attest: San Angelo, TX 76903

Alicia Ramirez, City Clerk Michael Dane, Interim City Manager

PURCHASER: __________________ _______

Title Company acknowledges receipt of Escrow Deposit (Earnest Money) in the amount of $500.00 and a copy of this

Agreement executed by both Purchaser and Seller.

TITLE COMPANY: __________________________________

By: ______________________

Printed Name: ______________________

Title: ______________________ Date:





BID FORMS

Please submit one (1) original, one (1) copy and one (1) electronic copy in PDF format on CD or USB Flash drive of the following bid forms.

� Conflict of Interest Questionnaire (if applicable) � Debarment and Suspension Certification � Addendum Acknowledgment � Bid Sheet





NOTICE TO VENDORS

Disclosure of Certain Relationships

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local governmental entity make certain disclosures concerning any affiliation or business relationship that might cause a conflict of interest with the local governmental entity. The provisions of Chapter 176 and the Form CIQ questionnaire that you must complete to comply with this law, are available at the Texas Ethics Commission website at http://www.ethics.state.tx.us/whasnew/confliict forms.htm.

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

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

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

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

Roger S. Banks Division Manager




CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law, this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowing violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

OFFICE USE ONLY

Date Received

1. Name of person doing business with local governmental entity.

2. Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

3. Name of local government officer with whom filer has affiliation or business relationship.

_______________________________________________ Name of Officer

This section, (item 3 including subparts A, B, C & D, must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),. Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

Yes No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of ten (10) percent or more?

Yes No

D. Describe each employment of business relationship with the local government officer named in this section.

4. ___________________________________________________ __________________ Signature of person doing business with the governmental entity Date





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

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

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

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

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

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

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

Business Name: ______________________________________ __________________ Signature of Authorized Representative Date By: Printed Name and Title of Authorized Representative


Debarment and Suspension Certification INSTRUCTIONS

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

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

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

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

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

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

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

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

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

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



Addendum Acknowledgment The bidder is responsible for determining if any addendums have been issued and agrees that the prices(s) quoted on the Bid Sheet reflect any changes or modifications created by any addendum(s). All addendums are posted on the City’s website as they are issued. Receipt is hereby acknowledged of the following addenda to the Contract documents.

Addendum No. 1 Dated: Received:


Addendum No. 3 Dated Received:



Addendum No. 6 Dated Received: Business Name: ______________________________________ __________________ Signature of Authorized Representative Date By: Printed Name and Title of Authorized Representative




RFB: PRO-06-12/108 Arlington Street Page 29 y:\12-rfx\property\rfb prp-06-12 108 arlington\rfb pro-06-12 091312.docx

Bid Sheet RFB No: PRO-06-12/108 Arlington Street

� Completed Disclosure of Certain Relationships (if applicable) � Completed Debarment and Suspension Certification (REQUIRED) � Completed Addendum Acknowledgment (REQUIRED) � Please submit one (1) original, one (1) copy and one (1) electronic copy in PDF format on CD or USB Flash

drive of the following bid forms. (REQUIRED)

ITEM MINIMUM BID BID AMOUNT

PROPERTY DESCRIPTION: Lots 10 & 11, SAVE & EXCEPT the North 65’ and South 20’, W.E. Phillips Addition Located at 108 Arlington Street

$4,500.00 $

TOTAL BID $

BID SECURITY: $500.00

Money Order / Certified Check INCLUDED

# YES NO

BIDS THAT DO NOT INCLUDE A BID SECURITY OF $500.00 WILL BE CONSIDERED NON-RESPONSIVE.

Respondent understands the City reserves the right to reject any and all bids. Bids which are not signed and dated or bids which do not comply will all bid requirements herein, may be considered non-responsive and may be rejected. Authorized Signature/Contact Information

Firm Name:

Mailing Address:

City, State Zip Code:

Authorized Signature:

Print Name: Date:

Tax ID:

Payment Terms:

Telephone: FAX:

Email:



Bid Security Bid

Bidders $500.00 Min $4,500 Rank1 No Bids Received $ - 123456789

10




Tab

BID TABULATION * RFB NO: PRO-06-12/Sale of Tax Foreclosed Property * September 14, 2012


Tab



Date: __________________






Account #21-38700-0000-013-00











City Address Points







Platted Lot Lines


March 7, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699









RFP No: PRO-06-12





Zoned – RS-1



City of San Angelo


ii

TABLE OF CONTENTS

Section Page

REQUEST FOR BID ........................................................................................................................................... 1




INSTRUCTIONS .................................................................................................................................................. 5






MAP ...................................................................................................................................................................... 9

FACT SHEET .................................................................................................................................................... 11


BID FORMS ....................................................................................................................................................... 19




REQUEST FOR BID

General





Digital Format


Disqualification





Required Response


No Bid Instructions


Interpretations




Addenda


Confidentiality


Award of Contract










Deadline



Copies


















INSTRUCTIONS

Bid Item


Sale “As Is”






Bid Security






Contingency




Late Bids


Acceptance


Default in Purchase


Commissions






Reservations







Title


Title Policy



Invoices & Payments


Gratuities


Warranty-Price




Right of Inspection


Cancellation





Waiver


Modifications


Applicable Law


Advertising




Legal Venue





MAP





FACT SHEET














(FOR CASH SALE)


ARTICLE I

PURCHASE AND SALE


ARTICLE II



















Property;




1986, as amended;




ARTICLE V CLOSING


















ARTICLE VI BROKERS


Agreement.




ARTICLE VIII

BREACH BY SELLER


ARTICLE IX

BREACH BY PURCHASER



ARTICLE X




10.03 Notice





















Agreement.




PURCHASER: __________________ _______



TITLE COMPANY: __________________________________

By: ______________________

Printed Name: ______________________

Title: ______________________ Date:





BID FORMS







NOTICE TO VENDORS













OFFICE USE ONLY

Date Received





_______________________________________________ Name of Officer



Yes No


Yes No


Yes No













































$4,500.00 $

TOTAL BID $



# YES NO



Firm Name:

Mailing Address:



Print Name: Date:

Tax ID:

Payment Terms:

Telephone: FAX:

Email:


City of San Angelo







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:

2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No. TAX91-0010B

309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B

310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6, Block 3, Akins, $750, Suit No. TAX89-0364B

115 W 16th Street, (Guerra), Lot 3, Block 11, Lasker, $1,900, Suit No. B-06-0088-T


2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-0217B

209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T

1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T

322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T

613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T

800 W 16th Street, (Roberts), Lot 10, Block 5, Mineola, $750, Suit No. TAX89-0032B



Summary: The subject properties were 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 on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):




Staff recommends approval.

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

Presentation: N/A

Publication: N/A


Lysia H. Bowling, City Attorney

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED 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 119th 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, Alvin New, 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: CAYDDRICK O’BRIEN BALLARD, a single person; ($750):

The South 1/2 of the South 100 feet of the North 150 feet of the South 783.7 feet of Block 8, E.E. Kirby Addition, as described in Volume 688, Page 128, Deed Records of Tom Green County, Texas. Account #15-30200-0008-011-00

SALVADOR DEANDA, a single person; ($750):

The South 80 feet of the East 12 2/3 Feet of Lot 8, the South 80 Feet of Lot 7, and the South 80 Feet of the West 1 5/6 Feet of Lot 6, Block 3, Akin’s Addition, City of San Angelo, as described in Volume 234, Page 485, Deed Records of Tom Green County, Texas. Account #01-10100-0003-008-00


The North ½ of Lot 7, Block 3, Akin Addition, City of San Angelo, as described in Volume 478, Page 95, Deed Records of Tom Green County, Texas. Account #01-10100-003-009-00

ALEJOS GUERRA and MARTHA ANN GUERRA, a married couple; ($1,900):

Lot 3, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 1234, Page 952, Official Public Records of Real Property of Tom Green County, Texas. Account #16-31200-0011-002-00


Lot 3, Block 12, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 272, Deed Records of Tom Green County, Texas. Account #16-31200-0012-003-00

MARLOW LEWIS, a single person, and CARLETTA MCKINNEY, a single person; ($750):

The South 50 feet of the North 447.7 feet of Block 8 of the E.S. Kirby Subdivision, City of San Angelo, as described in Volume 687, Page 547, Deed Records of Tom Green County, Texas. Account #15-30200-0008-019-00


Lot 3, Block 31, Miles Addition, as described in Volume 186, Page 339, Deed Records of Tom Green County, Texas. Account #18-34200-0031-003-00

JOHN S. PEARCY, a single person; ($2,500):

Lots 12, Block 5 “E”, Chapman’s Subdivision of Blocks 4 and 5, Freeland’s Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 182, Page 208, Deed Records of Tom Green County, Texas. Account #05-17700-0005-012-00


Lot 30, Block 2B, George Allen Addition, City of San Angelo, being more particularly described in Volume 1131, Page 119, Official Public Records of Tom Green County, Texas. Account #01-10500-0002-027-00


Lot 3, Block 93, Dallas Subdivision of Miles Addition No. 2, known as Angelo Heights Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 54, Page 168, Deed Records of Tom Green County, Texas. Account #01-11000-0093-003-00

MACKLE E. ROBERTS and JACQUELINE P. ROBERTS, a married couple; ($750):

Lot 10, Block 5, Mineola Addition, City of San Angelo, as described in Volume 620, Page 365, Deed Records of Tom Green County, Texas. Account #20-34900-0005-007-00


Lot 11, Block 5, Mineola Addition, City of San Angelo, Tom Green County, Texas. Account #20-34900-0005-008-00






S 1/2 of the S 100' of N 150' o S 783.7' of

Block 8, E.S. Kirby Addition2223 Lillie St 50' x 216'

Copyright 2011 Esri. All rights reserved. Mon Feb 13 2012 09:27:30 AM.

WRITTEN OFFER BY DATE BY

MEMO

RESOLUTION AUTHORIZING TAX RESALE SCHOOL

VERIFICATION SENT 3/27/2013 TGCAD CITY

SENT 3/27/2013 RETURNED

AGENDA

COUNTY AGENDA SENT DATE

DISTRICT AGENDA SENT DATE

PAID Earnest DATE 3/25/2013 CK/MO# AMT PD

Closing DATE CK/MO# AMT PD

REQUEST CHECKS TO DISTRIBUTE FUNDS

David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane

MAIL ORIGINAL DEED TO NEW OWNER

CLOSING TRUSTEE LOTS

3/22/2013 Cayddrick O'Brien Ballard

350.00$

plus $30.00 filing fee

PROPERTY ANALYSIS

SUIT # TAX91-0010B

15-30200-0008-011-00ACCOUNT #

RECEIVE SIGNED RESOLUTIONS & TAX-RESALE DEED

MAP

4/16/2013EMAIL AGENDA

RECORDED AT TOM GREEN COUNTY CLERK'S OFFICE

CC/Rcpt. #156722

REQUEST FOR LEGAL ASSISTANCE

PLACE ON RECORD MANAGEMENT - TAX RESALE SOLD LIST

REMOVE FROM TAX FORECLOSURE LIST

MAIL LETTERS AND DISTRIBUTE FUNDS

ACCEPTED OFFER 3/25/2013

REMOVE FROM CITY OWNED PROPERTY

SEND LIEN ADJUSTMENT FORM (Mary/Blanca)

RESOLUTION AUTHORIZING SALE OF REAL PROPERTYRESOLUTION AUTHORIZING TAX RESALE COUNTY


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 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: CAYDDRICK O’BRIEN BALLARD, a single person

2339 North Lillie Street San Angelo, Tom Green County, Texas 76903



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 2, 1992

in Suit No. TAX91-0010B 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 February 15, 1993, and recorded in Volume 350, Page 175, 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.

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


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

ATTEST: By: ____________________________ Alvin New, Mayor and

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

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

20 YRS

Adjudge Value: 4,000.00$ No

Amount of Offer: 750.00$

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

Administration Fee $500.00 $500.00 0.00% $500.00

Maintenance Fee 2,800.00$ 2,800.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $3,300.00 $0.00 $3,300.00 100.00% $0.00 $750.00

Actual Total Amt Due $3,300.00

Amount Remaining 250.00$

Offer will satisfy all costs according to the Judgment.

Sale under Urban Redevelopment?

PROPERTY ANALYSISFor Tax Resale Property

Years Held in Trust

February 17, 1993

2223 Lillie Street

TAX91-0010B

Unimproved

The South 1/2 of the South 100 feet of the North 150 feet of the South 783.7 feet of Block 8, E.E. Kirby Addition, as described in Volume 688, Page 128, Deed Records

of Tom Green County, Texas.Account #15-30200-0008-011-00

February 2, 1993

September 2, 1992

#15-30200-0008-011-00

Fay Hudson, a/k/a Fayrene Hudson Account # UNKNOWN

50' x 216'

S 80' of E 12 2/2' of Lot 8, S 80' of Lot 7 & S

80' of W 1 5/6' of Lot 6, Block 3, Akins

Addition310 E 9th Street 64' x 80'

Copyright 2011 Esri. All rights reserved. Tue Feb 14 2012 03:32:37 PM.





Subdivision Lot Block Sec OwnerDate of Service Principal

Sales Tax

Due Date

Customer ID Volume Page Instrument

Akin S80 of E12.6' of Lot 8& S80' of Lot 7& S80' of W10' of Lot 6 3 Allcorn, A.J. 10/10/95 $45.00 $3.49 11/10/95 9999 514 7Akin S80' of E12.6 of 8 & S80' of W1'10" of 6 3 Allcorn, R. J. 06/28/94 $45.00 $3.49 07/28/94 9999 444 786Akin S80' of 3,E12.6' of Lot 8 & S80' of Lot 7 & S80' of W1' of 6 Allcorn, R.J. 07/11/96 $45.00 $3.49 08/29/96 9999 594 444Akin S80' of E12.6' of Lot 8 & S80' of Lot 7 & S80' of Lot 6 3 Allcorn, R.J. 10/07/94 $45.00 $3.49 11/07/94 9999 463 699Akin S80' of E12.6' of Lot 8& S80' of Lot 7& S80 of W10' of Lot 6 3 Allcorn, R.J. 07/13/95 $45.00 $3.49 08/13/95 9999 494 122Akin S80' of E12.6' of Lot8 & S80' of Lot7 & S80' of W10' of Lot6 3 Allcorn, R.J. 04/28/95 $90.00 $6.98 05/28/95 9999 491 431

PARTIAL RELEASE OF LIEN Holder of Lien: City of San Angelo, Tom Green County, Texas, a Texas home-rule municipal corporation Holder’s Mailing Address (including county): c/o City Attorney

72 W College Avenue San Angelo, Tom Green County, TX 76903

Owner of Property at Time Liens were Filed: R.J. Allcom Liens are Described in the Following Documents:

1. That one certain Lien recorded in Volume 514, Page 7, of the Official Public Records of Real Property, Tom Green County, Texas.






Property (including any improvements) to be Released from Lien:

Tract 1: Being S. 80’ of E. 12.6’ of lot 8 & S. 80’ of W. 10’ of lot 6, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 2: Being S. 80’ of E. 12.6’ of Lot 8 & S. 80’ of W. 1’10” of Lot 6, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 3: Being S. 80’ of E. 12.6 of lot 8 & S. 80’ of Lot 7 & S. 80’ of W. 1’0” of lot 6, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 4: Being S. 80’ of E. 12.6’ of Lot 8 & S. 80’ of Lot 7 & S. 80’ of Lot 6, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 5: Being S. 80’ of E. 12.6 of lot 8 & S. 80’ of Lot 7 & S. 80’ of W. 10’ of lot 6, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas.

Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.

EXECUTED on the _______ day of _____________________, 2013.

CITY OF SAN ANGELO a Texas home-rule municipal corporation

BY: Michael Dane, Assistant City Manager

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the ______ day of _________________, 2013, by Michael Dane, as Assistant City Manager of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

WRITTEN OFFER April 1, 2013 Mayor Alvin New c/o Real Estate Division City Attorney’s Office 72 W College Avenue San Angelo, TX 76903 RE: TAX89-0364B I, Salvador Deanda, a single person, submit a written offer in the amount of $750.00 for the property described as follows:


I understand there is an additional $30.00 filing fee. I understand I must provide a Certified or Cashier’s Check in the sum of $350.00. I also understand that this earnest money shall be made payable without condition to the City of San Angelo, Texas and is non-refundable once the offer has been accepted by the Property Manager. Monies furnished as “earnest money” will be credited towards the sales price. I understand I can not owe any delinquent taxes or fees to any of the taxing entities (City of San Angelo, Tom Green County, and San Angelo Independent School District). I understand that I have sixty (60) days from the date of purchase to notify the City Property Manager of any City Liens; if I do not, I understand that I will be monetarily responsible for all unpaid Liens. If approved by the City Council, please make deed in the name(s) of: Salvador Deanda 503 S Washington San Angelo, TX 76901 325-650-4341 or 325-658-3043 Sincerely, Salvador Deanda


Tax-Resale Deed


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

503 S Washington San Angelo, Tom Green County, Texas 76901



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 27, 1996 in Suit No. TAX89-0364B 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 April 12, 1996, and recorded in Volume 528, Page 999, Official Public Records of Real Property, Tom Green County, Texas.






































Tax-Resale Deed




















Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



17 YRS





Maintenance Fee 2,448.00$ 2,448.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,948.00 $0.00 $2,948.00 100.00% $0.00 $750.00






Years Held in Trust

May 7, 1996

310 E 9th Street

TAX89-0364B

Unimproved

The South 80 feet of the East 12 2/3 Feet of Lot 8, the South 80 Feet of Lot 7, and the South 80 Feet of the West 1 5/6 Feet of Lot 6, Block 3, Akin’s Addition, City of

San Angelo, as described in Volume 234, Page 485, Deed Records of Tom Green County, Texas.

Account #01-10100-0003-008-00

February 6, 1996

March 27, 1996

#01-10100-0003-008-00

Robbie Allcorn, a/k/a Robbie Alcorn Mayes, a/k/a R.J. Allcorn Account # 995

64' x 80'

N 1/2 of Lot 7, Block 2, Akin Addition309 E 10th St 50' x 80'

Copyright 2011 Esri. All rights reserved. Wed Dec 21 2011 03:47:06 PM.




















Sales Tax

Due Date







Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



17 YRS





Maintenance Fee 2,448.00$ 2,448.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,948.00 $0.00 $2,948.00 100.00% $0.00 $750.00






Years Held in Trust

May 7, 1996

310 E 9th Street

TAX89-0364B

Unimproved



Account #01-10100-0003-008-00

February 6, 1996

March 27, 1996

#01-10100-0003-008-00


64' x 80'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:

Responsible Department:

Zoning:


Plat Restictions?

Recent Survey:

Connected to other Parcel?

Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial

Miscellaneous Information:

PROPERTY ANALYSISCITY PROPERTY

Legal Description:

Improved or Unimproved:Tax Suit Number:

Location:

Size/Dimensions:City of San Angelo vs.

Tax ID Number:

Judgment Date:



4 YRSAdjudge Value: $2,250.00 YESAmount of Offer: $750.00

Priority % of Pro Rata Amounts

Fees Priority Judgment

Judgment Allocations Remainder Allocations Distributed

Administration Fee 500.00$ 500.00$ 0.00% 500.00$ Maintenance Fee 137.09$ 100.00% 137.09$ 137.09$ District Clerk -$ -$ 0.00% -$ Sheriff's Fee -$ -$ 0.00% -$ Attorney Fee -$ -$ 0.00% -$ Municipal Liens 112.91$ 100.00% 112.91$ 112.91$ Taxes -$ 0.00% -$ -$ Total

500.00$ -$ 112.91$ 500.00$ 200.00% 112.91$ 750.00$ Actual Total Amt Due 612.91$ Amount Remaining $137.09

Years Held in Trust

Purchased under Urban Redevlopment?

Amounts Due

50' x 130'Katie Glenn Account #1822

15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street

PROPERTY ANALYSISFor Tax Resale Property:

Lot 5, Block 6, Kenley Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 335, Page 11, Deed Records of Tom Green County, Texas.

Unimproved

B-06-0131-T

Under Tex. Tax Code §34.051 a municipality is authorized to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property if consent to the

conveyance is evidenced by an Interlocal Agreement between the municipality and each taxing unit that is a party to the judgment.

Legal Description:


Location:


Tax ID Number:

Judgment Date:







Administration Fee 500.00$ 500.00$ 0.00% 500.00$ Maintenance Fee -$ 0.00% -$ -$ District Clerk 333.00$ 45.43% 113.57$ 113.57$ Sheriff's Fee 100.00$ 13.64% 34.11$ 34.11$ Attorney Fee 300.00$ 40.93% 102.32$ 102.32$ Municipal Liens 428.00$ 0.00% -$ -$ Taxes 2,535.00$ 0.00% -$ -$ Total

500.00$ 733.00$ 2,963.00$ 500.00$ 100.00% 250.00$ 750.00$ Actual Total Amt Due 4,196.00$ Amount Remaining $250.00

1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008




Tax-Resale Deed
























Sales Tax

Due Date


Akin N80' of 7 3 Marshall, Weldon C. 10/05/93 $45.00 $3.49 12/12/93 1443 427 957Akin N 80' of 7 3 Marshall, Weldon C. 11/18/75 $321.50 $0.00 11/18/75 1443Akin, C.A. N80' of 7 3 Marshall, Weldon C. 04/03/86 $25.00 $0.00 05/10/86 1443 145 561Akin, C.A. N80' of 7 3 Marshall, Weldon C. 02/06/85 $15.00 $0.00 03/08/85 1443 142 400Akin, C.A. 7, N80' 3 Marshall, Weldon C. 02/06/85 $15.00 $0.00 02/07/85 1443 139 251Akin, C.A. N80' of 7 3 Marshall, Weldon C. 09/12/86 $25.00 $0.00 10/24/86 1443 26 265





Owner of Property at Time Liens were Filed: Weldon C. Marshall Liens are Described in the Following Documents:







Tract 1: Being N 80’ of Lot 7, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 2: Being N 80’ of Lot 7, Block 3, C.A. Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 2: Being Lot 7 (N 80’), Block 3, C.A. Akin Addition, City of San Angelo, Tom Green County, Texas.








RELEASE OF PAVING ASSESSMENT

DATE: April 2, 2013 PAYEE: City of San Angelo DATE OF MATURITY: As Therein Provided HOLDER OF LIEN: City of San Angelo HOLDER’S MAILING ADDRESS: 72 W College Avenue, San Angelo, Texas 76903 PROPERTIES AND OWNERS TO BE RELEASED FROM LIENS:

NAME LOT BLOCK SUBDIVISION Marshall C. Weldon N 80’ of 7 3 Akins Holder of the lien acknowledges payment or other satisfaction of indebtedness secured thereby and releases from the lien only the properties described above. When the context requires, singular nouns and pronouns include the plural. EXECUTED on the _______ day of _____________________, 2013.

CITY OF SAN ANGELO


STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _________________, 2013, by MICHAEL DANE, as Assistant City Manager of the City of San Angelo, a Texas home- rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



16 YRS





Maintenance Fee 2,240.00$ 2,240.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,740.00 $0.00 $2,740.00 100.00% $0.00 $750.00






Years Held in Trust

February 21, 1997

309 E 10th Street

TAX90-0082B

Unimproved

The North ½ of Lot 7, Block 3, Akin Addition, City of San Angelo, as described in Volume 478, Page 95, Deed Records of Tom Green County, Texas.

Account #01-10100-003-009-00

February 4, 1997

October 14, 1992

Account #01-10100-003-009-00

Weldon Carlos Marshall Account # 1443

50' x 80'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T




Tax-Resale Deed






Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 14, 1992 in Suit No. TAX90-0082B by the 119th District Court of Tom Green County, Texas.


















City of San Angelo







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:

2223 Lillie Street, (Ballard), S ½ of S 100’ of N 150’ of S 783.7’ of Block 8, Kirby, $750, Suit No. TAX91-0010B

309 E 10th Street, (Deanda), N ½ of Lot 7, Block 3, Akins, $750, Suit No. TAX90-0082B

310 E 9th Street, (Deanda), S 80’ of E 12 2/3’ of Lot 8, S 80’ of Lot 7 & S 80’ of W 1 5/6’ of Lot 6, Block 3, Akins, $750, Suit No. TAX89-0364B



2327 Lillie Street, (Lewis-McKinney), S 50’ of N 447.7’ of Block 8, Kirby, $750, Suit No. TAX89-0217B

209 W 9th Street, (Lewis-McKinney), Lot 3, Block 31, Miles, $750, Suit No. B-95-0055-T

1923 Coleman Street, (Pearcy), Lot 12, Block 5 “E”, Chapman, $2,500, Suit No. B-07-0200-T

322 N Harrison Street, (Pearcy), Lot 30, Block 2B, George Allen, $2,500, Suit No. B-09-0050-T

613 N Adams Street, (Pearcy), Lot 3, Block 93, Angelo Heights, $2,700, Suit No. B-05-0268-T




Summary: The subject properties were 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 on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):





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

Presentation: N/A

Publication: N/A



Approved by Legal:


City of San Angelo







Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a Special Warranty Deed conveying all right, title and interest of the City of San Angelo:

108 Arlington Street, (Gonzalez), Lots 10 & 11 SAVE & EXCEPT N 65’ & S 20’ , W.E. Phillips, $2,000

Summary: A Request for Bids (RFB: PRO-06-12) was advertised for three (3) consecutive weeks and was mailed to six (6) potential bidders for the subject property. RFB Submittal Deadline was September 14, 2012. No bids were received.

History: The City acquired the subject property on October 24, 1957. The City has no future plans for the subject property, and is deemed as excess property.

The City has received a reasonable offer from Carlos Gonzalez in the amount of $2,000 for the purchase of the subject property.

Financial Impact: Upon approval: Property will be reinstated back onto tax roll.

Related Vision Item

(if applicable):





Attachments: Resolution, Property Analysis, Special Warranty Deed and Property Location Map

Presentation: N/A

Publication: N/A



Approved by Legal:



















Y:\COUNCIL\Electronic Agendas\2013\04-16-13\Tax Lots\Gonzalez, 108 Arlington Street, City Owned Property\Bid Tab



Bid Security Bid

Bidders $500.00 Min $4,500 Rank

1 No Bids Received $ - 1

23456789

10



Y:\COUNCIL\Electronic Agendas\2013\04-16-13\Tax Lots\Gonzalez, 108 Arlington Street, City Owned Property\Bid Tab

012



Date: __________________






Account #21-38700-0000-013-00












Owner of Property at Time Liens were Filed: Edward Henderson, a/k/a Edward Henderson c/o Cecil

Henderson, a/k/a Edward Seeley Henderson Liens are Described in the Following Documents:



3. Those certain Liens recorded in Instrument Number 608245 of the Official Public Records of Real Property, Tom Green County, Texas, securing debts in the original principal amounts of $100.00 (07/27/05) and $90.00 (06/24/05).












15. That one certain Lien recorded in Instrument Number 612983, of the Official Public Records of Real Property, Tom Green County, Texas.


Being Lot 3, Block 93, Angelo Heights Addition, City of San Angelo, Tom Green County, Texas. Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.









Owner of Property at Time Liens were Filed: Eddie Jackson Liens are Described in the Following Documents:

1. Those certain Liens recorded in Volume 174, Page 675, and corrected in Volume 191, Page 78, of the Official Public Records of Real Property, Tom Green County, Texas, securing debts in the original principal amounts of $50.00 (07/25/88), $25.00 (11/07/88), and $25.00 (11/12/87).


3. That one certain Lien recorded in Volume 78, Page 358, and corrected in Volume 191, Page 72, of the Official Public Records of Real Property, Tom Green County, Texas.

4. Those certain Liens recorded in Volume 101, Page 738, and corrected in Volume 191, Page 94, of the Official Public Records of Real Property, Tom Green County, Texas, securing debts in the original principal amounts of $25.00 (09/17/86) and $50.00 (07/09/87).



Tract 1: Being S. 50’ of No. 447.7 of 8, Block 8, E. S. Kirby Addition, City of San Angelo, Tom Green County, Texas.

Tract 2: Being S. 50’ of North 442.7 of Block 8, E. S. Kirby Addition, City of San Angelo, Tom Green County, Texas.

Tract 3: Being S. 50’ of N. 422.7 of 8, E. S. Kirby Addition, City of San Angelo, Tom Green County, Texas.

Tract 4: Being S. 50’ of No. 442.7 of 8, E. S. Kirby Addition, City of San Angelo, Tom Green County, Texas.

Tract 5: Being S. 50’ of N. 442.7’ of Block 8, E. S. Kirby Subdivision, City of San Angelo, Tom Green County, Texas.

Tract 6: Being S. 50’ of N. 442.7, E. S. Kirby Addition, City of San Angelo, Tom Green County, Texas. Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.









Owner of Property at Time Liens were Filed: Estella Jones Liens are Described in the Following Documents:

1. That one certain Lien recorded in Volume 174, Page 675, and corrected in Volume 191, Page 78, of the Official Public Records of Real Property, Tom Green County, Texas.





Being Lot 10, Block 5, Mineola Addition, City of San Angelo, Tom Green County, Texas. Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.









Owner of Property at Time Liens were Filed: Fred B. Jones Liens are Described in the Following Documents:











LETTER OF INTENT March 7, 2013 Mayor Alvin New c/o Real Estate Division City Attorney’s Office 72 W College Avenue San Angelo, TX 76903 RE: 108 Arlington Street I, Carlos Gonzalez, a single person, submit a written offer in the amount of $2,000.00 for the property described as follows:

All of Lots 10 and 11 of the W.E. Phillips Addition to the City of San Angelo, Tom Green County, Texas, except the North 65 feet of said Lots 10 and 11 and the South 20 fee of said lots. Account #21-38700-0000-013-00

I understand there is an additional $30.00 filing fee. My plans are to construct a residential home on the subject property. I understand I must provide a Certified or Cashier’s Check in the sum of $350.00. I also understand that this earnest money shall be made payable without condition to the City of San Angelo, Texas and is non-refundable once the offer has been accepted by the Property Manager. Monies furnished as “earnest money” will be credited towards the sales price. I understand I can not owe any delinquent taxes or fees to any of the taxing entities (City of San Angelo, Tom Green County, and San Angelo Independent School District). If approved by the City Council, please make deed in the name(s) of: Carlos Gonzalez 725 Amberton Parkway San Angelo, TX 76901 480-329-6478 Sincerely, Carlos Gonzalez


Sales Tax

Due Date


Mineola 10 5 Jones, Estella 10/05/88 $0.00 $0.00 11/14/88 9999 174 675Mineola 10 5 Jones, Estella 02/01/91 $60.00 $4.65 03/22/91 9999 257 382Mineola 10 5 Jones, Estella 10/05/88 $25.00 $1.88 11/14/88 9999 191 78Mineola 10 5 Jones, Estella 07/31/90 $60.00 $4.65 09/17/90 9999 230 85Mineola 10 5 Jones, Estella 07/18/91 $64.65 $0.00 09/26/91 9999 315 508 0


Sales Tax

Due Date


Kirby, E.S. S50' of N447.7' of 8 8 Jackson, Eddie 11/07/88 $0.00 $0.00 12/28/88 9999 174 675Kirby, E.S. S50' of N447.7' of 8 8 Jackson, Eddie 11/12/87 $0.00 $0.00 12/20/87 9999 174 675Kirby, E.S. S50' of N447.7' of 8 8 Jackson, Eddie 07/25/88 $0.00 $0.00 09/08/88 9999 174 675Kirby, E.S. S50' of N442.7' of Block 8 8 Jackson, Eddie 08/27/85 $25.00 $0.00 09/29/85 9999 142 400Kirby, E.S. S50' of N447.7 of 8 8 Jackson, Eddie 07/25/88 $50.00 $3.75 09/08/88 9999 191 78Kirby, E.S. S50' of N447.7 of 8 8 Jackson, Eddie 11/07/88 $25.00 $1.88 12/28/88 9999 191 78Kirby, E.S. S50' of N447.7 of 8 8 Jackson, Eddie 11/12/87 $25.00 $0.00 12/20/87 9999 191 78Kirby, E.S. S50' of N422.7' of 8 8 Jackson, Eddie 03/13/87 $0.00 $0.00 05/09/87 9999 78 358Kirby, E.S. S50' of N442.7' of 8 8 Jackson, Eddie 09/17/86 $0.00 $0.00 03/13/88 9999 101 738Kirby, E.S. S50' of N442.7' of 8 8 Jackson, Eddie 03/13/87 $0.00 $0.00 04/23/87 9999 101 738Kirby, E.S. S50' of N442.7' of 8 8 Jackson, Eddie 07/09/87 $0.00 $0.00 09/20/87 9999 101 738Kirby, E.S. S/D S50' of N447.7' of Block 8 8 Jackson, Eddie 03/13/87 $25.00 $0.00 05/09/87 9999 191 72Kirby, E.S. S/D S50' of N447'7 of Block 8 8 Jackson, Eddie 09/17/86 $25.00 $0.00 03/13/88 9999 191 94Kirby, E.S. S/D S50' of N447'7 of Block 8 8 Jackson, Eddie 07/09/87 $50.00 $0.00 09/20/87 9999 191 94Kirby, E.S. S/D S50' of N442.7' 8 Jackson, Eddie 03/01/91 $85.00 $6.59 05/05/91 9999 292 320


Sales Tax

Due Date


Akin N80' of 7 3 Marshall, Weldon C. 10/05/93 $45.00 $3.49 12/12/93 1443 427 957Akin N 80' of 7 3 Marshall, Weldon C. 11/18/75 $321.50 $0.00 11/18/75 1443Akin, C.A. N80' of 7 3 Marshall, Weldon C. 04/03/86 $25.00 $0.00 05/10/86 1443 145 561Akin, C.A. N80' of 7 3 Marshall, Weldon C. 02/06/85 $15.00 $0.00 03/08/85 1443 142 400Akin, C.A. 7, N80' 3 Marshall, Weldon C. 02/06/85 $15.00 $0.00 02/07/85 1443 139 251Akin, C.A. N80' of 7 3 Marshall, Weldon C. 09/12/86 $25.00 $0.00 10/24/86 1443 26 265


Sales Tax

Due Date


Mineola 12 5 Sims, Bobbie 06/30/94 $45.00 $3.49 07/30/94 953 444 790Mineola 12 5 Sims, Bobbie 09/22/94 $45.00 $3.49 10/30/94 953 472 269Mineola 12 5 Sims, Bobbie 01/24/91 $60.00 $4.65 03/22/91 953 257 382Mineola 12 5 Sims, Bobbie 07/18/91 $60.00 $4.65 09/26/91 953 315 508Mineola 12 5 Sims, Bobbie 04/29/91 $60.00 $4.65 06/10/91 953 292 320Mineola 12 5 Sims, Bobbie Jean 11/02/95 $45.00 $3.49 12/02/95 953 514 7Mineola 12 5 Sims, Bobbie Jean 09/27/96 $45.00 $3.49 11/15/96 953 596 248Mineola 12 5 Sims, Bobbie Jean 06/26/97 $45.00 $3.49 08/15/97 953 596 248Mineola 12 5 Sims, Bobbie Jean 07/31/90 $60.00 $4.65 09/17/90 953 230 85Mineola 12 5 Sims, Bobbie Jean 08/27/68 $152.80 $0.00 08/27/68 953Mineola 12 5 Sims, Bobbie Jean 08/27/68 $430.00 $0.00 08/27/68 953


Sales Tax

Due Date


Chapman S/D 12 5E Turner, C.W. (dec'd) 06/09/05 $90.00 $7.43 07/09/05 7047 0 0 608245Chapman S/D 12 5E Turner, W.C. - dec 03/31/08 $100.00 $8.25 04/30/08 7047 0 0 678661


Sales Tax

Due Date




Sales Tax

Due Date


Mineola 11 5 Jones, Fred B. 09/22/94 $25.00 $1.94 10/30/94 9999 472 834Mineola 11 5 Jones, Fred B. 07/01/93 $145.46 $0.00 08/27/93 9999 417 99


Sales Tax

Due Date


Angelo Heights 3 93 Henderson, Edward 05/13/97 $45.00 $3.49 06/20/97 9999 600 166Angelo Heights 3 93 Henderson, Edward & Cecil 11/07/95 $45.00 $3.49 12/30/95 9999 540 639Angelo Heights 3 93 Henderson, Edward S. & Cecil 07/28/95 $90.00 $6.98 09/30/95 9999 514 784Angelo Heights 3 93 Henderson, Edward Seeley 07/27/05 $100.00 $8.25 08/27/05 831 0 0 608245Angelo Heights 3 93 Henderson, Edward Seeley 06/24/05 $90.00 $7.43 07/24/05 831 0 0 608245Angelo Heights 3 93 Henderson, Edward Seeley 06/10/04 $45.00 $3.71 07/10/04 831 1163 497Angelo Heights 3 93 Henderson, Edward Seeley 04/05/05 $45.00 $3.71 05/05/05 831 1245 577Angelo Heights 3 93 Henderson, Edward Seeley 06/26/98 $45.00 $3.49 07/26/98 7532 673 135Angelo Heights 3 93 Henderson, Edward Seeley 09/17/04 $45.00 $3.71 10/17/04 831 1211 601Angelo Heights 3 93 Henderson, Edward Seeley 07/18/97 $45.00 $3.49 09/08/97 9999 613 32Angelo Heights 3 93 Henderson, Edward Seeley 01/29/01 $25.00 $2.06 03/28/01 831 850 726Angelo Heights 3 93 Henderson, Edward Seeley 05/14/03 $45.00 $3.71 06/14/03 831 1069 460Angelo Heights 3 93 Henderson, Edward Seeley 11/05/97 $45.00 $3.49 02/21/98 7532 638 408Angelo Heights 3 93 Henderson, Edward Seeley 08/29/03 $45.00 $3.71 09/29/03 831 1096 697Angelo Heights 3 93 Henderson, Edward Seeley 09/28/99 $90.00 $7.43 10/28/99 831 774 870Angelo Heights 3 93 Henderson, Edward Seeley 09/02/05 $45.00 $3.71 10/02/05 831 0 0 612983


Sales Tax

Due Date


Angelo Heights 3 93 Henderson, Edward 05/13/97 $45.00 $3.49 06/20/97 9999 600 166Angelo Heights 3 93 Henderson, Edward & Cecil 11/07/95 $45.00 $3.49 12/30/95 9999 540 639Angelo Heights 3 93 Henderson, Edward S. & Cecil 07/28/95 $90.00 $6.98 09/30/95 9999 514 784Angelo Heights 3 93 Henderson, Edward Seeley 07/27/05 $100.00 $8.25 08/27/05 831 0 0 608245Angelo Heights 3 93 Henderson, Edward Seeley 06/24/05 $90.00 $7.43 07/24/05 831 0 0 608245Angelo Heights 3 93 Henderson, Edward Seeley 06/10/04 $45.00 $3.71 07/10/04 831 1163 497Angelo Heights 3 93 Henderson, Edward Seeley 04/05/05 $45.00 $3.71 05/05/05 831 1245 577Angelo Heights 3 93 Henderson, Edward Seeley 06/26/98 $45.00 $3.49 07/26/98 7532 673 135Angelo Heights 3 93 Henderson, Edward Seeley 09/17/04 $45.00 $3.71 10/17/04 831 1211 601Angelo Heights 3 93 Henderson, Edward Seeley 07/18/97 $45.00 $3.49 09/08/97 9999 613 32Angelo Heights 3 93 Henderson, Edward Seeley 01/29/01 $25.00 $2.06 03/28/01 831 850 726Angelo Heights 3 93 Henderson, Edward Seeley 05/14/03 $45.00 $3.71 06/14/03 831 1069 460Angelo Heights 3 93 Henderson, Edward Seeley 11/05/97 $45.00 $3.49 02/21/98 7532 638 408Angelo Heights 3 93 Henderson, Edward Seeley 08/29/03 $45.00 $3.71 09/29/03 831 1096 697Angelo Heights 3 93 Henderson, Edward Seeley 09/28/99 $90.00 $7.43 10/28/99 831 774 870Angelo Heights 3 93 Henderson, Edward Seeley 09/02/05 $45.00 $3.71 10/02/05 831 0 0 612983


Sales Tax

Due Date


Miles 3 31 Stephens, Alverda 06/24/94 $45.00 $3.49 07/24/94 9999 444 790Miles 3 31 Stephens, Alverda 08/16/95 $45.00 $3.49 09/16/95 9999 514 7Miles 3 31 Stephens, Alverda 09/23/94 $45.00 $3.49 10/30/94 9999 472 269Miles 3 31 Stephens, Alverda 03/27/95 $45.00 $3.49 04/27/95 9999 491 431Miles 3 31 Stephens, Alverda 05/17/95 $45.00 $3.49 06/17/95 9999 491 431Miles 3 31 Stephens, Alverda 05/14/97 $45.00 $3.49 06/23/97 9999 596 248Miles 3 31 Stephens, Alverda 06/26/97 $45.00 $3.49 08/21/97 9999 596 248Miles 3 31 Stephens, Alverda 05/06/91 $60.00 $4.65 07/07/91 9999 292 320Miles 3 31 Stephens, Alverdo 06/29/93 $90.00 $6.98 07/07/93 9999 417 99


Sales Tax

Due Date


Lasker 3 11 Wilkins, Lynn B. 10/01/93 $70.00 $5.42 12/12/93 9999 427 956

Potential Bidders ListSale OF 108 Arlington

Y:\COUNCIL\Electronic Agendas\2013\04-16-13\Tax Lots\Gonzalez, 108 Arlington Street, City Owned Property\Mailing List

Vendor Type Contact Name or Dept Business Name Business Address City ST Zip Telephone

Property San Angelo Realtors Association 1902 Pecos San Angelo TX 76901 325-944-2521Property Mr. P. Gilbert Gallegos 112 Arlington Street San Angelo TX 76904 325-617-6173Property Mr. Miguel Duran 1110 Ashford Drive San Angelo TX 76901Property Mr. Lee Robles 3230 Sierra Drive San Angelo TX 76904Property Mr. Kenneth Barrows 2431 College Hills San Angelo TX 76904Property Mr. Marshal Gray 217 Tyler Terrace San Angelo TX 76905 325-651-7919


City Address Points







Platted Lot Lines


March 7, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

Lot 3, Block 31 Miles Addition209 W 9th Street 50' x 100'

Copyright 2011 Esri. All rights reserved. Mon Feb 13 2012 12:54:57 PM.

S 1/2 of the S 100' of N 150' o S 783.7' of

Block 8, E.S. Kirby Addition2223 Lillie St 50' x 216'








217 W 16th Street, Lot 3, Block 12, Lasker Addition 50' x 140'

Copyright:© 2013 ESRI, NAVTEQ, DeLorme

Address Points

City Address Points






Parcels


Platted Lot Lines

World Boundaries and Places


March 14, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

115 W 16th Street, Lot 3, Block 11, Lasker Addition 50' x 140'


Address Points

City Address Points






Parcels


Platted Lot Lines

World Boundaries and Places


March 14, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

S 50' of the N 447.7' of Block 8, E.S. Kirby

Addition2327 Lillie St 50' x 200'


613 N Adams Street Lot 3, Block 93, Angelo Heights Addition 50' x 140'


March 28, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

1923Coleman Street Lots 12, Block 5 "E", Chapman's S/D 64' x 100'


March 27, 20130 0.045 0.090.0225 mi

0 0.07 0.140.035 km

1:2,699

Lot 30, Block 2B, George Allen Addition

Addition322 N Harrison Street 50'' x 125'

Copyright 2011 Esri. All rights reserved. Tue Jun 5 2012 03:48:19 PM.

Lot 10, Block 5, Mineola Addition 810 W 16th St 51' x 150'

Copyright 2011 Esri. All rights reserved. Thu Dec 15 2011 08:12:40 AM.

Lot 12, Block 5, Mineola Addition800 W 16th St 51' x 150'

Copyright 2011 Esri. All rights reserved. Thu Dec 22 2011 08:47:46 AM.

Lot 11, Block 5, Mineola Addition804 W 16th St 50' x 150'

Copyright 2011 Esri. All rights reserved. Tue Dec 20 2011 04:34:12 PM.



Owner of Property at Time Liens were Filed: Weldon C. Marshall Liens are Described in the Following Documents:







Tract 1: Being N 80’ of Lot 7, Block 3, Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 2: Being N 80’ of Lot 7, Block 3, C.A. Akin Addition, City of San Angelo, Tom Green County, Texas. Tract 2: Being Lot 7 (N 80’), Block 3, C.A. Akin Addition, City of San Angelo, Tom Green County, Texas.








**ATTENTION - PLEASE READ CAREFULLY**• Mistakes not corrected on this proof become your liability.• We cannot be responsible for any changes NOT indicated, by phone, fax, or by email,

to this proof.• If we do not hear from you, by phone or by email, by the deadline indicated, we will

publish your ad AS SCHEDULED.

600332Client: COSA - PURCHASING Phone: (325) 657-4219

Class.: PO BOX 1751 SAN ANGELO, TX 76902

Ad # 145973 Requested By: ROGER/EMAIL Fax:

Sales Rep.: Maria Velasquez Phone: (325) 659-8325

[email protected] Fax: (325) 659-8172

Class.: 8300 Request for Bids

Start Date: 08/25/2012 End Date: 09/05/2012 Nb. of Inserts: 3

Publications: STANDARD TIMES

Paid Amount: $0.00 Balance: $111.77

Total Price: $111.77 Page 1 of 1

THE CITY of San Angelo, Real Estate Division is accepting sealed bids for the sale of Lots 10 & 11, SAVE & EXCEPT the North 65’ and South 20’, W.E. Phillips Addition, San Ange- lo, Texas, Tom Green County; located at 108 Arlington Street. Submission instructions and documents may be downloaded at www.sanangelotexas.us. Submissions will be accepted until 2:00 P.M., September 19, 2012, 2:00 PM in the Purchasing Division at which time all respondents will be publicly acknowledged. For more information, call (325) 657-4212 or visit

www.sanangelotexas.us.

RELEASE OF PAVING ASSESSMENT

DATE: April 2, 2013 PAYEE: City of San Angelo DATE OF MATURITY: As Therein Provided HOLDER OF LIEN: City of San Angelo HOLDER’S MAILING ADDRESS: 72 W College Avenue, San Angelo, Texas 76903 PROPERTIES AND OWNERS TO BE RELEASED FROM LIENS:

NAME LOT BLOCK SUBDIVISION Marshall C. Weldon N 80’ of 7 3 Akins Holder of the lien acknowledges payment or other satisfaction of indebtedness secured thereby and releases from the lien only the properties described above. When the context requires, singular nouns and pronouns include the plural. EXECUTED on the _______ day of _____________________, 2013.

CITY OF SAN ANGELO


STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the ______ day of _________________, 2013, by MICHAEL DANE, as Assistant City Manager of the City of San Angelo, a Texas home- rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas

Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



1 1/2 YRS


Amount of Offer: 1,900.00$



Maintenance Fee $270.00 $270.00 0.00% $270.00

District Clerk $471.00 $471.00 0.00% $471.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $371.00 $371.00 0.00% $371.00

Municipal Liens -$ $1,889.77 36.42% $68.46 $68.46

Taxes -$ $3,299.76 63.58% $119.54 $119.54

Total $1,712.00 $5,189.53 $1,712.00 100.00% $188.00 $1,900.00



Offer will satisfy all costs and a small portion of the taxes, according to the Judgment.

Purchased under Urban Redevelopment


Years Held in Trust

June 30, 2011

115 W 16th Street

B-06-0088-T

Unimproved

Lot 3, Block 11, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 1234, Page 952, Official Public Records of

Real Property of Tom Green County, Texas. Account #16-31200-0011-002-00

June 7, 2011

October 15, 2008

#16-31200-0011-002-00

Unknown Heirs of B.M. Wilkins, deceased Account # 8096

50' x 140'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



2 1/2 YRS





Maintenance Fee $500.00 $500.00 0.00% $500.00

District Clerk $371.00 $371.00 0.00% $371.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $365.00 $365.00 0.00% $365.00

Municipal Liens $0.00 $0.00 0.00% $0.00 $0.00

Taxes $0.00 $3,522.00 100.00% $664.00 $664.00

Total $1,836.00 $3,522.00 $1,836.00 100.00% $664.00 $2,500.00






Years Held in Trust

August 13, 2010

1923 Coleman Street

B-07-0200-T

Unimproved

Lots 12, Block 5 “E”, Chapman’s Subdivision of Blocks 4 and 5, Freeland’s Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 182, Page

208, Deed Records of Tom Green County, Texas.Account #05-17700-0005-012-00

August 3, 2010

August 7, 2009

#05-17700-0005-012-00

W.C. Turner Account # 7047

64' x 100'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



2 1/2 YRS





Maintenance Fee 400.00$ 400.00$ 0.00% $400.00

District Clerk $1,061.00 $1,061.00 0.00% $1,061.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $413.00 $413.00 0.00% $413.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $3,804.00 100.00% $26.00 $26.00

Total $2,474.00 $3,804.00 $2,474.00 100.00% $26.00 $2,500.00



Offer will satisfy all costs and a small portion of the taxes, according to the Judgment.

Purchased under Urban Redevelopment


Years Held in Trust

October 19, 2010

217 W 16th Street

B-05-0274-T

Unimproved

Lot 3, Block 12, Lasker Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 23, Page

272, Deed Records of Tom Green County, Texas. Account #16-31200-0012-003-00

October 5, 2010

June 30, 2010

#16-31200-0012-003-00

Eusebia Munoz, deceased Account # 8087

50' x 140'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



14 1/2 YRS




Administration & Recording Fees

$511.00 $511.00 0.00% $511.00

Maintenance Fee $2,030.00 $2,030.00 0.00% -$ -$

District Clerk $358.69 $358.69 74.73% 178.62$ 178.62$

Sheriff's Fee $40.00 $40.00 8.33% 19.92$ 19.92$

Attorney Fee $81.26 $81.26 16.93% 40.46$ 40.46$

Municipal Liens $0.00 $0.00 0.00% $0.00 $0.00

Taxes $0.00 $2,579.80 0.00% $0.00 $0.00

Total $3,020.95 $2,579.80 $3,020.95 100.00% 239.00$ $750.00

Actual Total Amt Due $5,600.75 $479.95


Offer will satisfy a portion of court costs according to the Judgment.



Years Held in Trust

October 29, 1998

209 W 19th Street

B-95-0055-T

Unimproved

Lot 3, Block 31, Miles Addition, as described in Volume 186, Page 339, Deed Records of Tom Green County, Texas.

Account #18-34200-0031-003-00

August 4, 1998

April 22, 1996

#18-34200-0031-003-00

Alverda Stephens Account # 2275

50' x 100'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



21 YRS





Maintenance Fee $5,880.00 $5,880.00 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% -$ -$

Sheriff's Fee $0.00 $0.00 0.00% -$ -$

Attorney Fee $0.00 $0.00 0.00% -$ -$

Municipal Liens $0.00 $0.00 0.00% $0.00 $0.00

Taxes $0.00 $0.00 0.00% $0.00 $0.00

Total $6,380.00 $0.00 $6,380.00 100.00% 250.00$ $750.00






Years Held in Trust

April 24, 1992

2327 Lillie Street

TAX89-0217B

Unimproved

The South 50 feet of the North 447.7 feet of Block 8 of the E.S. Kirby Subdivision, City of San Angelo, as described in Volume 687, Page 547, Deed Records of Tom

Green County, Texas.Account #15-30200-0008-019-00

April 7, 1992

January 10, 1992

#15-30200-0008-019-00

Eddie Jackson Account # 899

50' x 200'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



17 YRS





Maintenance Fee 2,448.00$ 2,448.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,948.00 $0.00 $2,948.00 100.00% $0.00 $750.00






Years Held in Trust

May 7, 1996

310 E 9th Street

TAX89-0364B

Unimproved



Account #01-10100-0003-008-00

February 6, 1996

March 27, 1996

#01-10100-0003-008-00


64' x 80'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



6 1/2 YRS





Maintenance Fee $1,300.00 $1,300.00 0.00% $1,300.00

District Clerk $333.00 $333.00 0.00% $333.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $345.00 $345.00 0.00% $345.00

Municipal Liens $0.00 $1,808.00 30.56% $37.28 $37.28

Taxes $0.00 $4,109.00 69.44% $84.72 $84.72

Total $2,578.00 $5,917.00 $2,578.00 100.00% $122.00 $2,700.00



Offer will satisfy all costs and a small portion of the taxes and liens according to the Judgment.



Years Held in Trust

October 15, 2007

613 N. Adams Street

B-05-0268-T

Unimproved

Lot 3, Block 93, Dallas Subdivision of Miles Addition No. 2, known as Angelo Heights Addition, an addition to the City of San Angelo, Tom Green County, Texas,

according to the map or plat thereof, recorded in Volume 54, Page 168, Deed Records of Tom Green County, Texas.

Account #01-11000-0093-003-00

October 2, 2007

April 4, 2007

#01-11000-0093-003-00

Edward Seeley Henderson Account # 831

50' x 140'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



16 YRS





Maintenance Fee 2,240.00$ 2,240.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,740.00 $0.00 $2,740.00 100.00% $0.00 $750.00






Years Held in Trust

February 21, 1997

309 E 10th Street

TAX90-0082B

Unimproved

The North ½ of Lot 7, Block 3, Akin Addition, City of San Angelo, as described in Volume 478, Page 95, Deed Records of Tom Green County, Texas.

Account #01-10100-003-009-00

February 4, 1997

October 14, 1992

Account #01-10100-003-009-00

Weldon Carlos Marshall Account # 1443

50' x 80'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



15 1/2 YRS





Maintenance Fee 2,170.00$ 2,170.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $2,670.00 $0.00 $2,670.00 100.00% $0.00 $750.00






Years Held in Trust

June 12, 1997

800 W 16th Street

TAX93-0151B

Unimproved

Lot 12, Block 5, Mineola Addition, City of San Angelo, as described in Volume 408, Page 15, Deed Records of Tom Green County, Texas.

Account #20-34900-0005-009-00

May 6, 1997

November 8, 1993

#20-34900-0005-009-00

Bobbie Jean Sims Account #953

51' x 150'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



20 1/2 YRS





Maintenance Fee $2,870.00 $2,870.00 0.00% $0.00

District Clerk $360.25 $360.25 78.34% 195.85$ 195.85$

Sheriff's Fee $40.00 $40.00 8.70% 21.75$ 21.75$

Attorney Fee $59.61 $59.61 12.96% 32.41$ 32.41$

Municipal Liens $0.00 $0.00 0.00% $0.00 $0.00

Taxes $0.00 $875.62 0.00% $0.00 $0.00

Total $3,829.86 $875.62 $3,829.86 100.00% 250.00$ $750.00






Years Held in Trust

July 24, 1992

810 W 16th Street

TAX89-0032B

Unimproved

Lot 10, Block 5, Mineola Addition, City of San Angelo, as described in Volume 620, Page 365, Deed Records of Tom Green County, Texas.

Account #20-34900-0005-007-00

July 7, 1992

March 30, 1992

#20-34900-0005-007-00

Rachael M. Clark Account # 4371 Estella Jones Account # 903

51' x 150'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



18 YRS





Maintenance Fee $3,600.00 $3,600.00 100.00% 250.00$ 250.00$

District Clerk $0.00 0.00% -$ -$

Sheriff's Fee $0.00 0.00% -$ -$

Attorney Fee $0.00 0.00% -$ -$

Municipal Liens $0.00 $0.00 0.00% $0.00 $0.00

Taxes $0.00 $0.00 0.00% $0.00 $0.00

Total $4,100.00 $0.00 $4,100.00 100.00% 250.00$ $750.00






Years Held in Trust

February 24, 1995

804 W 16th Street

TAX91-0054B

Unimproved

Lot 11, Block 5, Mineola Addition, City of San Angelo, Tom Green County, Texas.Account #20-34900-0005-008-00

February 7, 1995

October 7, 1993

#20-34900-0005-008-00

Fred B. Jones, a/k/a Freddie Jones Account # 1376

50' x 150'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



1 1/2 YRS





Maintenance Fee $300.00 $300.00 0.00% $300.00

District Clerk $264.00 $264.00 0.00% $264.00

Sheriff's Fee $100.00 $100.00 0.00% $100.00

Attorney Fee $202.00 $202.00 0.00% $202.00

Municipal Liens $0.00 $7,922.02 60.77% $689.18 $689.18

Taxes $0.00 $5,113.10 39.23% $444.82 $444.82

Total $1,366.00 $13,035.12 $1,366.00 100.00% $1,134.00 $2,500.00


Amount Remaining 1,134.00$

Offer will satisfy all costs and a small portion of the taxes and liens according to the Judgment.



Years Held in Trust

June 7, 2012

322 N Harrison Street

B-09-0050-T

Unimproved

Lot 30, Block 2B, George Allen Addition, City of San Angelo, being more particularly described in Volume 1131, Page 119, Official Public Records of Tom Green County,

Texas.Account #01-10500-0002-027-00

June 5, 2012

November 9, 2011

#01-10500-0002-027-00

Trilateral Investments Account # 7106

50' x 125'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?

Front Aerial



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T



Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:

Improved/Unimproved

Tax Suit Number:

Location:



Tax ID Number:

Judgment Date:



20 YRS





Maintenance Fee 2,800.00$ 2,800.00$ 100.00% 250.00$ 250.00$

District Clerk $0.00 $0.00 0.00% $0.00

Sheriff's Fee $0.00 $0.00 0.00% $0.00

Attorney Fee $0.00 $0.00 0.00% $0.00

Municipal Liens -$ $0.00 0.00% $0.00 $0.00

Taxes -$ $0.00 0.00% $0.00 $0.00

Total $3,300.00 $0.00 $3,300.00 100.00% $0.00 $750.00






Years Held in Trust

February 17, 1993

2223 Lillie Street

TAX91-0010B

Unimproved

The South 1/2 of the South 100 feet of the North 150 feet of the South 783.7 feet of Block 8, E.E. Kirby Addition, as described in Volume 688, Page 128, Deed Records

of Tom Green County, Texas.Account #15-30200-0008-011-00

February 2, 1993

September 2, 1992

#15-30200-0008-011-00

Fay Hudson, a/k/a Fayrene Hudson Account # UNKNOWN

50' x 216'

Legal Description:

Subdivision:

Block:

Lot:

Location:

Usage:

Tax ID Number:

Deed: Date:


Zoning:


Plat Restictions?

Recent Survey:


Easements:

Right-of-Ways:

Utilities:

Available for Sale?


Front Aerial


Legal Description:


Location:


Tax ID Number:

Judgment Date:









1814 Ellis Street



Unimproved

B-06-0131-T

Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008



Legal Description:


Location:


Tax ID Number:

Judgment Date:









Years Held in Trust


Amounts Due


15-29800-0006-005-00

November 14, 2007

October 7, 2008

October 22, 2008

1814 Ellis Street



Unimproved

B-06-0131-T










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 119th 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, Alvin New, 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: CAYDDRICK O’BRIEN BALLARD, a single person; ($750):






























RFP No: PRO-06-12





Zoned – RS-1



City of San Angelo


ii

TABLE OF CONTENTS

Section Page

REQUEST FOR BID ........................................................................................................................................... 1




INSTRUCTIONS .................................................................................................................................................. 5






MAP ...................................................................................................................................................................... 9

FACT SHEET .................................................................................................................................................... 11


BID FORMS ....................................................................................................................................................... 19




REQUEST FOR BID

General





Digital Format


Disqualification





Required Response


No Bid Instructions


Interpretations




Addenda


Confidentiality


Award of Contract










Deadline



Copies


















INSTRUCTIONS

Bid Item


Sale “As Is”






Bid Security






Contingency




Late Bids


Acceptance


Default in Purchase


Commissions






Reservations







Title


Title Policy



Invoices & Payments


Gratuities


Warranty-Price




Right of Inspection


Cancellation





Waiver


Modifications


Applicable Law


Advertising




Legal Venue





MAP





FACT SHEET














(FOR CASH SALE)


ARTICLE I

PURCHASE AND SALE


ARTICLE II



















Property;




1986, as amended;




ARTICLE V CLOSING


















ARTICLE VI BROKERS


Agreement.




ARTICLE VIII

BREACH BY SELLER


ARTICLE IX

BREACH BY PURCHASER



ARTICLE X




10.03 Notice





















Agreement.




PURCHASER: __________________ _______



TITLE COMPANY: __________________________________

By: ______________________

Printed Name: ______________________

Title: ______________________ Date:





BID FORMS







NOTICE TO VENDORS













OFFICE USE ONLY

Date Received





_______________________________________________ Name of Officer



Yes No


Yes No


Yes No













































$4,500.00 $

TOTAL BID $



# YES NO



Firm Name:

Mailing Address:



Print Name: Date:

Tax ID:

Payment Terms:

Telephone: FAX:

Email:



Owner of Property at Time Liens were Filed: Bobbie Sims, a/k/a Bobbie Jean Sims Liens are Described in the Following Documents:







7. Those certain Liens recorded in Volume 596, Page 248, of the Official Public Records of Real Property, Tom Green County, Texas, securing debts in the original principal amounts of $45.00 (09/27/96) and $45.00 (06/26/97).












Owner of Property at Time Liens were Filed: Alverda Stephens, a/k/a Alnerda Stephens, a/k/a Alverdo

Stephens Liens are Described in the Following Documents:









Being Lot 3, Block 31, Miles Addition, City of San Angelo, Tom Green County, Texas. Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.








Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: JOHN S. PEARCY, a single person

2726 Alta Vista San Angelo, Tom Green County, Texas 76904



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on August 7, 2009 in

Suit No. B-07-0200-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 August 12, 2010, and recorded in Instrument Number 690718, Official Public Records of Real Property, Tom Green County, Texas.



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.









Tax-Resale Deed






Judgment: Judgment for the foreclosure of a tax lien against the Property entered on November 9, 2011

in Suit No. B-09-0050-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 7, 2012, and recorded in Instrument Number 719870, Official Public Records of Real Property, Tom Green County, Texas.













Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: CAYDDRICK O’BRIEN BALLARD, a single person

2339 North Lillie Street San Angelo, Tom Green County, Texas 76903



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on September 2, 1992















Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: MACKLE E. ROBERTS and JACQUELINE P. ROBERTS, a married couple

5216 Meadowland Drive Fort Worth, Tarrant County, Texas 76123



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on November 8, 1993


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 10, 1997, and recorded in Volume 586, Page 791, Official Public Records of Real Property, Tom Green County, Texas.













Tax-Resale Deed





















Tax-Resale Deed





















Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: ALEJOS GUERRA and MARTHA ANN GUERRA, a married couple

2326 River Valley Lane San Angelo, Tom Green County, Texas 76904



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 15, 2008 in


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 705020, Official Public Records of Real Property, Tom Green County, Texas.













Tax-Resale Deed











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.









Tax-Resale Deed






Judgment: Judgment for the foreclosure of a tax lien against the Property entered on April 4, 2007 in Suit No. B-05-0268-T by the 119th District Court of Tom Green County, Texas.


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 October 12, 2007, and recorded in Instrument Number 640792, Official Public Records of Real Property, Tom Green County, Texas.



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.









Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: MARLOW LEWIS, a single person, and CARLETTA MCKINNEY, a single person

P.O. Box 720557 Houston, Harris County, Texas 77272



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on April 22, 1996 in Suit No. B-95-0055-T by the 119th District Court of Tom Green County, Texas.


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 October 26, 1998, and recorded in Volume 671, Page 148, Official Public Records of Real Property, Tom Green County, Texas.













Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: ALEJOS GUERRA and MARTHA ANN GUERRA, a married couple

2326 River Valley Lane San Angelo, Tom Green County, Texas 76904



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 30, 2010 in


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 October 18, 2010, and recorded in Instrument Number 693692, Official Public Records of Real Property, Tom Green County, Texas.













Tax-Resale Deed


for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: MARLOW LEWIS, a single person, and CARLETTA MCKINNEY, a single person

P.O. Box 720557 Houston, Harris County, Texas 77272



Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 10, 1992 in Suit No. TAX89-0217B by the 119th District Court of Tom Green County, Texas.















Tax-Resale Deed








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 July 23, 1992, and recorded in Volume 317, Page 70, Official Public Records of Real Property, Tom Green County, Texas.













MEMO üüüü

RESOLUTION AUTHORIZING TAX RESALE SCHOOL üü



AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane



3/22/2013 Cayddrick O'Brien Ballard

350.00$


PROPERTY ANALYSIS

SUIT # TAX91-0010B

15-30200-0008-011-00ACCOUNT #


MAP



CC/Rcpt. #156722









DATE RECEIVE

SUBDIVISION NAME OFFER SENT TO LEGAL

DAYS RETURNED LEGAL

DAYS AGENDA DAYS SEND TGC/SAISD

DAYS TOTAL DAYS

1 08/10/11 Miles David Garcia $1,300.00 08/11/11 1 08/22/11 11 09/06/11 15 09/13/11 7 342 09/09/11 Avondale C Mejia $2,327.00 09/13/11 4 09/19/11 6 10/04/11 15 10/05/11 1 263 09/09/11 Ruby Douglas F & M Saldivar $9,000.00 09/13/11 4 09/19/11 6 10/04/11 15 10/05/11 1 264 10/12/11 La Villita Heights Diana Trevino $3,000.00 10/13/11 1 10/20/11 7 11/01/11 12 N/A 125 10/27/11 J.B.Harrison Jessica Ramirez $3,000.00 10/27/11 0 11/04/11 8 11/15/11 11 11/16/11 1 206 10/31/11 Spencer #1 Jayson J. Jessop $2,924.00 10/31/11 0 11/04/11 4 11/15/11 11 N/A 117 11/16/11 Lasker Martha Green $2,500.00 11/16/11 0 11/22/11 6 12/06/11 14 N/A 148 12/01/11 Bradford Miguel Duran $1,700.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 339 12/01/11 Exall Miguel Duran $1,800.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 33

10 12/01/11 Exall Miguel Duran $3,000.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 3311 12/01/11 Forest Park Miguel Duran $1,800.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 3312 12/01/11 Forest Park Miguel Duran $1,900.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 3313 12/01/11 Forest Park Miguel Duran $1,900.00 12/05/11 4 12/09/11 4 12/20/11 11 01/03/12 14 3314 01/03/12 Bailey Mida/Pacetti $10,250.00 01/05/12 2 01/06/12 1 02/07/12 32 02/08/12 1 3615 01/31/12 Fort Concho Christina Banda $1,206.00 01/31/12 0 02/07/12 7 02/21/12 14 02/22/12 1 2216 01/31/12 Miles Aleyda Saucedo $2,404.00 01/31/12 0 02/07/12 7 02/21/12 14 N/A 1417 01/31/12 Forest Park Robles/Pearcy $4,000.00 01/31/12 0 02/07/12 7 02/21/12 14 02/22/12 1 2218 01/31/12 Goren Mackle Roberts $500.00 01/31/12 0 02/07/12 7 02/21/12 14 N/A 0 1419 01/31/12 Mineola Mackle Roberts $1,100.00 01/31/12 0 02/07/12 7 02/21/12 14 02/22/12 1 2220 02/22/12 Lasker Sergio/Cirila Ortiz $1,000.00 02/27/12 5 03/01/12 3 03/20/12 19 03/20/12 0 2721 02/21/12 Mineola Annex Jonathan Pizano $1,000.00 02/27/12 6 03/06/12 8 03/20/12 14 03/20/12 0 2822 02/22/12 Mineola Annex Vaness James $1,100.00 02/27/12 5 03/01/12 3 03/20/12 19 03/20/12 0 2723 02/22/12 Mineola Annex Vaness James $1,100.00 02/27/12 5 03/01/12 3 03/20/12 19 03/20/12 0 2724 02/22/12 Avondale Genivieve Bannert $1,000.00 02/27/12 5 03/01/12 3 03/20/12 19 03/20/12 0 2725 02/28/12 Fort Concho Gustavo Cuellar $1,100.00 02/28/12 0 03/06/12 7 03/20/12 14 03/20/12 0 2126 02/28/12 Mineola Annex Vivian Gist $1,100.00 02/28/12 0 03/06/12 7 03/20/12 14 03/20/12 0 2127 02/29/12 Culwell Gustavo Martinez $1,000.00 02/29/12 0 03/06/12 6 03/20/12 14 03/20/12 0 2028 02/24/12 Lake View Arthur Gonzalez $1,100.00 03/01/12 6 03/06/12 5 04/03/12 28 04/19/12 16 5529 03/01/12 Lasker Julia Gonzalez $1,100.00 03/01/12 0 03/06/12 5 03/20/12 14 03/20/12 0 1930 03/07/12 Hatcher Carlos Ryes $1,500.00 03/07/12 0 03/14/12 7 HOLD ####### HOLD #VALUE! #VALUE!31 03/02/12 Miles Juan & Laura Murillo $1,000.00 03/02/12 0 03/08/12 6 04/17/12 40 03/20/12 -28 1832 03/20/12 Miles Juan & Laura Murillo $2,500.00 03/21/12 1 04/17/12 27 04/17/12 0 04/19/12 2 3033 03/30/12 Mineola Annex Vaness James $1,100.00 03/30/12 0 04/17/12 18 04/17/12 0 04/19/12 2 2034 04/05/12 Goren Josephine Graciano $1,300.00 05/03/12 28 05/16/12 13 06/05/12 20 06/06/12 1 6235 04/06/12 Ben Ficklin #2 Elizabeth Espinoza $1,300.00 05/03/12 27 05/16/12 13 06/05/12 20 06/06/12 1 6136 05/02/12 Hatcher Esther Perales $3,388.00 05/03/12 1 05/17/12 14 06/05/12 19 06/06/12 1 3537 05/04/12 Arroya Tad Logan $750.00 05/08/12 4 05/17/12 9 06/05/12 19 06/06/12 1 3338 05/15/12 Fort Concho Vista Ray Rangel $1,400.00 05/15/12 0 05/18/12 3 06/05/12 18 06/06/12 1 22

OBJECTIVE TRUSTEE CHECKLIST

39 05/18/12 Lasker Darrell/Marta Jones $950.00 05/21/12 3 -41050 06/19/12 41079 -41079 -4104740 05/17/12 Probst & Page Garcia-Galindo $1,500.00 05/21/12 4 -41050 06/19/12 41079 -41079 -4104641 05/25/12 Miles Palmer $2,500.00 05/25/12 0 -41054 06/19/12 41079 -41079 -4105442 05/25/12 James Williams Brewer-Munoz $1,500.00 05/25/10 -731 -40323 06/19/12 41079 -41079 -410544344 0 0 0 0 0454647 0 0 0 0 0484950 0 0 0 0 0515253 0 0 0 0 0

$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane



4/2/2013Marlow Lewis & Carletta

McKinney

350.00$


PROPERTY ANALYSIS

SUIT # TAX89-0217B

15-30200-0008-019-00ACCOUNT #


MAP



Cash/Rcpt. #156733









DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane








EMAIL AGENDA


CC/Rcpt. #156727


350.00$


PROPERTY ANALYSIS

SUIT # TAX93-0151B

20-34900-0005-009-00ACCOUNT #


MAP

4/19/2013



4/1/2013 Mackle & Jacqueline Roberts

DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane



3/27/2013 John Pearcy

350.00$


PROPERTY ANALYSIS

SUIT # B-09-0050-T

01-10500-0002-027-00ACCOUNT #


MAP



CC/#156725









DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane




350.00$


PROPERTY ANALYSIS

SUIT # B-05-0268-T

01-11000-0093-003-00ACCOUNT #


MAP



CC/#156726









DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane








EMAIL AGENDA


Cash/Rcpt. #156732


350.00$


PROPERTY ANALYSIS

SUIT # B-95-0055-T

18-34200-0031-003-00ACCOUNT #


MAP

4/19/2013



4/2/2013Marlow Lewis & Carletta

McKinney

DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA



PAID Earnest DATE CK/MO# AMT PD



David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane




350.00$


PROPERTY ANALYSIS

SUIT # TAX91-0054B

20-34900-0005-008-00ACCOUNT #


MAP











DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith








EMAIL AGENDA


CC/Rcpt. #156716


350.00$


PROPERTY ANALYSIS

SUIT # B-05-0274-T

16-31200-00012-003-00ACCOUNT #


MAP

4/16/2013



3/13/2013 Alejos & Martha Ann Guerra

DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith








EMAIL AGENDA


CC/Rcpt. #156715


350.00$


PROPERTY ANALYSIS

SUIT # B-06-0088-T

16-31200-0011-002-00ACCOUNT #


MAP

4/16/2013



3/13/2013 Alejos & Martha Ann Guerra

DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA



PAID Earnest DATE CK/MO# AMT PD



David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane








EMAIL AGENDA



350.00$


PROPERTY ANALYSIS

SUIT # B-07-0200-T

05-17700-0005-012-00ACCOUNT #


MAP

4/16/2013




DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00


MEMO üüüü




AGENDA






David Hall

Alicia Ramirez

Cindy Preas

Mike Smith

Mike Dane








EMAIL AGENDA


CC/Rcpt. #156727


350.00$


PROPERTY ANALYSIS

SUIT # TAX89-0032B

20-34900-0005-009-00ACCOUNT #


MAP

4/19/2013




DATE RECEIVE


DAYS RETURNED LEGAL


DAYS TOTAL DAYS





$81,475.00



Owner of Property at Time Liens were Filed: C.W. Turner dec’d, a/k/a W.C. Turner Liens are Described in the Following Documents:




Being Lot 12, Block 5E, Chapman Subdivision, City of San Angelo, Tom Green County, Texas. Holder of the lien acknowledges partial payment or other satisfaction of indebtedness secured thereby and releases from the lien only the property described above. When the context requires, singular nouns and pronouns include the plural.







WRITTEN OFFER March 27, 2013 Mayor Alvin New c/o Real Estate Division City Attorney’s Office 72 W College Avenue San Angelo, TX 76903 RE: B-07-0200-T I, John S. Pearcy, a single person, submit a written offer in the amount of $2,500.00 for the property described as follows:


I understand there is an additional $30.00 filing fee. I understand I must provide a Certified or Cashier’s Check in the sum of $350.00. I also understand that this earnest money shall be made payable without condition to the City of San Angelo, Texas and is non-refundable once the offer has been accepted by the Property Manager. Monies furnished as “earnest money” will be credited towards the sales price. I understand I can not owe any delinquent taxes or fees to any of the taxing entities (City of San Angelo, Tom Green County, and San Angelo Independent School District). I understand that I have sixty (60) days from the date of purchase to notify the City Property Manager of any City Liens; if I do not, I understand that I will be monetarily responsible for all unpaid Liens. If approved by the City Council, please make deed in the name(s) of: John S. Pearcy 2726 Alta Vista San Angelo, TX 76904 325-942-9939 or 432-528-3754 Sincerely, John S. Pearcy










WRITTEN OFFER April 2, 2013 Mayor Alvin New c/o Real Estate Division City Attorney’s Office 72 W College Avenue San Angelo, TX 76903 RE: TAX89-0217B I, Marlow Lewis, a single person, and Carletta McKinney, a single person, submit a written offer in the amount of $750.00 for the property described as follows:


I understand there is an additional $30.00 filing fee. I understand I must provide a Certified or Cashier’s Check in the sum of $350.00. I also understand that this earnest money shall be made payable without condition to the City of San Angelo, Texas and is non-refundable once the offer has been accepted by the Property Manager. Monies furnished as “earnest money” will be credited towards the sales price. I understand I can not owe any delinquent taxes or fees to any of the taxing entities (City of San Angelo, Tom Green County, and San Angelo Independent School District). I understand that I have sixty (60) days from the date of purchase to notify the City Property Manager of any City Liens; if I do not, I understand that I will be monetarily responsible for all unpaid Liens. If approved by the City Council, please make deed in the name(s) of: Marlow Lewis & Carletta McKinney P.O. Box 720557 Houston, TX 77272 325-281-961-4371 or 432-271-6304 Sincerely, Marlow Lewis Carletta McKinney

WRITTEN OFFER April 2, 2013 Mayor Alvin New c/o Real Estate Division City Attorney’s Office 72 W College Avenue San Angelo, TX 76903 RE: B-95-0055-T I, Marlow Lewis, a single person, and Carletta McKinney, a single person, submit a written offer in the amount of $750.00 for the property described as follows:


I understand there is an additional $30.00 filing fee. I understand I must provide a Certified or Cashier’s Check in the sum of $350.00. I also understand that this earnest money shall be made payable without condition to the City of San Angelo, Texas and is non-refundable once the offer has been accepted by the Property Manager. Monies furnished as “earnest money” will be credited towards the sales price. I understand I can not owe any delinquent taxes or fees to any of the taxing entities (City of San Angelo, Tom Green County, and San Angelo Independent School District). I understand that I have sixty (60) days from the date of purchase to notify the City Property Manager of any City Liens; if I do not, I understand that I will be monetarily responsible for all unpaid Liens. If approved by the City Council, please make deed in the name(s) of: Marlow Lewis & Carletta McKinney P.O. Box 720557 Houston, TX 77272 325-281-961-4371 or 432-271-6304 Sincerely, Marlow Lewis Carletta McKinney




City of San Angelo

Memo Date:


April 4, 2013

From: Ricky Dickson, Water Utilities Director

Subject: Consent Item for April 16, 2013 Council Meeting

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

Caption: Consideration of approving a Recreational or Agricultural Lease agreement with MK-Allan Enterprises, Inc., a Texas corporation for 9.77 acres of land located adjacent to the Concho River and authorizing the City Manager or Water Utilities Director to execute the same.

Summary: Allan Temperton, President of MK-Allan Enterprises, Inc,. is owner of the adjacent property and desires to enter into a new Recreational or Agricultural Lease agreement . History: This property has not been leased by previous adjacent property owners.

Financial Impact: Lease fee will be $569.00 per year as computed on Exhibit B (attached). Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Agreement; Exhibit B Presentation: None.

Publication: None. Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 4, 2013

EXHIBIT “B”

LEASE FEE: 9.77 acres X $12.00 per acre = $117.00 Recreational Fee = $200.00 RIVER FRONTAGE FEE 1,009 feet X $0.25 per foot = $252.00 Total Annual Fee = $569.00

1

THE STATE OF TEXAS } RECREATIONAL OR COUNTY OF TOM GREEN } AGRICULTURAL LEASE WHEREAS, the City of San Angelo owns property near or adjacent to Lake Nasworthy and the South Concho River; and WHEREAS, this land has been designated as future park property by the Master Park Plan of the City; and WHEREAS, pending development of said lands, the City Council has decided to lease certain lands near or adjacent to the Lake or River, and any such lease to be no longer than five (5) years and to be cancelable within sixty (60) days after receipt of written notice of such cancellation by the City when it decides to use said land for public purposes. NOW, THEREFORE: The City of San Angelo, Texas, a Municipal Corporation, duly organized and incorporated under the constitution and laws of the State of Texas, hereinafter known as Lessor, acting by and through its duly authorized Director of Water Utilities, Ricky Dickson, and MK-Allan Enterprises, Inc. (Allan Temperton, President), hereinafter known as Lessee, hereby enter into a lease agreement and contract as follows: 1. Lessor hereby leases to Lessee approximately 9.77 acres of land, as shown in

Exhibit "A" attached hereto. This lease is granted for a period of five (5) years beginning May 1, 2013 and ending April 30, 2018, in consideration of the initial payment of the $644.00 which includes the $75.00 granting fee and the 2013 annual lease fee of $569.00, 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.

Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities

Department, 72 W. College, 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 May 1 during the term of this lease.

Lessee is to pay Lessor the sum of $569.00 per year as computed on Exhibit "B"

attached hereto.

Lessor shall have the right to make a rate adjustment three (3) years from the execution date of this lease and upon any renewal of this lease.

2

Lessee shall pay to Lessor a late charge and/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.

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.

2. Lessee shall look after and care for all pecan trees on said land to see that they

are not damaged except from acts of God. Pecans produced from said land shall be the property of the Lessee.

Lessee shall not remove any trees from the leased property without first obtaining permission from the Director of Water Utilities. Lessee may not remove any trees for purposes of sale.

3. Lessee is to maintain all fences and other improvements now on said property in

as good repair as when received by lessee, at lessee’s own expense, subject to reasonable use, ordinary wear and tear, acts of God and public enemies only excepted.

Lessee agrees to not over stock the property with livestock such that the land would become overgrazed. Should in the opinion of the Lessor after investigation, it be determined that the property is or has been overgrazed; Lessee shall immediately reduce stocking rates to levels acceptable to Lessor such that the grasses and vegetation may have an opportunity to achieve reasonable regrowth.

Lessee may place temporary improvements on the land but such improvements shall be for purposes of recreation only. Improvements shall not contain any walls or be more than 10 feet in height. Improvements for other purposes are prohibited. Nothing shall be constructed, placed, or planted on the leased premises (including, but not limited to the addition or movement of soil, the planting of shrubs, or the construction of fences) which will in any way obstruct the natural flow of drainage or of rising water. Nothing containing plumbing of any type may be placed on the premises. A permit shall be obtained prior to placement of any improvement on the property and the improvements shall be constructed in accordance with all applicable codes, laws, rules or regulations.

3

Improvements placed on said property with the approval of Lessor may be removed by Lessee, at his own expense, provided he removes same within thirty (30) days from the termination of this lease and does not damage the leased property thereby. Lessee further agrees to deliver the leased property back to Lessor in as good condition as it was at the time he took possession of said property.

4. Lessee agrees not to assign this Lease or sublet same in whole or in part without

written permission from Lessor, or its agents, in the event of which such permission is not first obtained, this Lease shall be forfeited at the option of the Lessor or its agents.

This lease is granted to Lessee under the assumption that Lessee is the owner or leaseholder of the private property adjacent to this lease. Should Lessee ever cease to be the adjacent owner or leasehold of the private property adjacent to this lease, this Lease shall automatically become null and void and the City shall not be liable for refunding any lease fees to Lessee that may have been prepaid for the lease area.

5. Lessor, its agents or assigns, reserve the right at any time to execute and deliver

valid oil, gas and other mineral leases and valid right-of-way easements for gas, oil, water, or sewer pipe lines, telephone, telemetry, or electric transmission lines covering said premises, or any part thereof. In such event, this lease shall be subject and subordinate to the rights, terms, and privileges of any such oil, gas or other mineral lease or other such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns.

6. The parties hereto acknowledge that said tract is 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, Twin Buttes, and of 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 lakes 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 said land for any of the above purposes, its judgment shall be conclusive.

7. Lessee, subject to any local, state, or federal law or regulation, may use water

from the lake, river, and/or wells on the property for domestic purpose and watering of existing trees and shrubs, but no water is to go off 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

4

the use of water to the Lessee. Lessee shall pay the raw water use charges as set by the City.

No wells are to be drilled on the premises without first obtaining a permit from Lessor. Lessor in no way guarantees neither the accessibility of water nor the level of water.

8. Lessor reserves the exclusive right, for itself and assigns, to erect and maintain

billboards, signs, and displays, commercial or otherwise, upon, across, or over and above the described tract.

9. Lessor reserves the right to cancel all or any part of this lease for a public

purpose and to construct, build, operate, and maintain roads or bridges or utility lines upon, across, or over said tract or any portion thereof; provided however, in the event Lessor should elect to do so, the rental amount shall be recomputed as determined by the procedure and formulas set forth in Exhibit “B”.

Should said tract become unusable for recreational and agricultural purposes by reason of such use by Lessor, this lease will terminate and Lessee shall be refunded a proportionate amount of the rental for the period of the unused term.

10. Lessee hereby covenants and agrees at all times to indemnify and save

harmless Lessor from and against any loss, cost, liability or expense arising out of any claim of any person, firm or corporation whatsoever by reason of death, bodily injury, sickness, disease or damage to or destruction of property, in any manner connected with or arising out of the use and occupancy of the leased premises by Lessee.

11. If Lessee fails to comply with any part of this contract or is found to have violated

any City ordinance regarding the lake or river property, Lessor may, at its option, terminate this contract and forcibly eject Lessee and all parties there from without being guilty of trespass or liable for damages.

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

12. Lessee further agrees not to remove, or permit anyone else to remove, from the

property covered by this lease any sand, gravel, rock, soil, or any other like article without written permission and authority from Lessor or its agents.

13. It is further understood and agreed between the parties that each and every

provision and requirement contained herein is of the essence of this contract, the

5

violation of which shall entitle the other party, at its option, to terminate this contract.

14. This contract constitutes the entire agreement between the parties hereto, and

Lessor is not bound by any agreement, condition, stipulation, understanding or representation made by any of the Lessor's agents not contained herein.

15. All notices concerning this lease shall be in writing and delivered to the parties at

the addresses below:

LESSEE: Allan Temperton, President MK-Allan Enterprises, Inc. 764 Royal Oaks Loop Fredericksburg, Texas 78624 LESSOR: City of San Angelo

Water Utilities Department 72 W. College San Angelo, Texas 76903

[Signature Page to Follow]

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EXECUTED in duplicate originals on the _____day of __________________, 20___ by:

LESSEE

_________________________________ Allan Temperton, President MK-Allan Enterprises, Inc.


This instrument was acknowledged before me on the ___day of ___________, 20_____ by Allan Temperton.

___________________________________ Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY: ________________________________ Ricky Dickson, Director, Water Utilities

THE STATE OF TEXAS § COUNTY OF TOM GREEN § This instrument was acknowledged before me on the _____day of _____________, 2013 by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas municipal corporation, on behalf of said corporation.

___________________________________ Notary Public, State of Texas


City of San Angelo

Memo Date: April 3, 2013


From: Rick Weise, Assistant City Manager

Ricky Dickson, Water Utilities Director


Contact: Rick Weise, Assistant City Manager and Ricky Dickson, Water Utilities Director


CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH LESSEE, LEE BROWN AND GALE BROWN , d/b/a SPRING CREEK MARINA, AT LAKE NASWORTHY, SPECIFICALLY-DESCRIBING THE LEASED PREMISES, PROVIDING FOR THE NON-EXCLUSIVE JOINT USE OF CERTAIN AREAS OF THE LEASED PREMISES, AND REVISING INDEMNIFICATION AND INSURANCE REQUIREMENTS OF LESSEE

Summary: City, Lessor, and Lee Brown and Gale Brown, Lessee, desire to execute a Second Amendment to Commercial Lease Agreement to: specifically describe the Leased Premises, provide for non-exclusive joint use of certain areas during city sponsored special events, and revise indemnification and insurance requirements of Lessee.

History: City and Lessee entered into a Commercial Lease Agreement on May 5, 2005, for the area known as Spring Creek Marina at Lake Nasworthy. The parties entered into a First Amendment to Lease on March 8, 2010, permitting Lessee to construct and install floating docks to replace existing docks.

Financial Impact: None

Related Vision Item

(if applicable):



Attachments: Resolution and Second Amendment to Commercial Lease Agreement Spring Creek Marina

Presentation: N/A

Publication: N/A


Rick Weise and Ricky Dickson

Approved by Legal:

A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH LESSEE, LEE BROWN AND GALE BROWN, d/b/a SPRING CREEK MARINA, AT LAKE NASWORTHY, TO: SPECIFICALLY DESCRIBE THE LEASED PREMISES, PROVIDE FOR JOINT NON-EXCLUSIVE USE OF CERTAIN AREAS OF THE LEASED PREMISES, AND REVISE INDEMNIFICATION AND INSURANCE REQUIREMENTS OF LESSEE

WHEREAS, on May 5, 2007, the City, Lessor, and Lee Brown and Gale Brown (Lessee) entered into a commercial lease agreement for the lease of the Spring Creek Marina at Lake Nasworthy; and, WHEREAS, the commercial lease agreement was first amended by written First Amendment on March 8, 2010, permitting Lessee to replace existing dock facilities with new, floating docks; and, WHEREAS, the parties propose to amend the commercial lease agreement by Second Amendment, to specifically describe the Leased Premises, provide for the non-exclusive, joint use by the parties of certain areas of the Leased Premises and update indemnification and insurance requirements of Lessee: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager is hereby authorized to execute a Second Amendment to Commercial Lease Agreement with Lee Brown and Gale Brown, d/b/a Spring Creek Marina, at Lake Nasworthy, specifically describing the Leased Premises, providing for the non-exclusive joint use of certain areas of the Leased Premises, and revising the indemnification and insurance requirements of Lessee. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Ricky Dickson, Water Utilities Director Lysia Bowling, City Attorney

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT TO: PROVIDE FOR A PRORATED CREDIT AGAINST THE ANNUAL FIXED BASE PAYMENT FOR DAYS DURING A CONTRACT YEAR IN WHICH LAKE LEVEL IS INSUFFICIENT FOR OPERATION OF THE CRUISE BOAT CONCESSION; CLARIFY THE BEGINNING AND ENDING MONTHS APPLICABLE TO THE ANNUAL FIXED BASE PAYMENT SCHEDULE; AND DESCRIBE THE CONCESSION PREMISES

WHEREAS, the City of San Angelo (City) and Wayne Nickell, (Concessionaire), entered into a license agreement entitled, LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT (Concession Agreement), for a term commencing May 1, 2010, and ending April 30, 2015; and, WHEREAS, City and Concessionaire desire to amend the Concession Agreement to: provide for a prorated credit against the Annual Fixed Base Payment for days during a contract year in which the lake level is insufficient for operation of the cruise boat concession; clarify the beginning and ending months applicable to the Annual Fixed Base Payment schedule; and describe the concession premises; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to execute the FIRST AMENDMENT TO LAKE NASWORTHY CRUISE BOAT CONCESSION AGREEMENT to: provide for a prorated credit against the Annual Fixed Base Payment for days during a contract year in which the lake level is insufficient for operation of the cruise boat concession; clarify the beginning and ending months applicable to the Annual Fixed Base Payment schedule; and describe the concession premises. PASSED and APPROVED THIS DAY OF , 2013. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Parks & Recreation Director Lysia H. Bowling, City Attorney


City of San Angelo



From: Carl White, Parks & Recreation Director


Contact: Carl White, Parks & Recreation Director – 657-4279

Caption: Consent Agenda Item

Consideration of adopting a Resolution authorizing the City Manager to execute a First Amended Agreement between the City of San Angelo and Mr. Wayne Nickell for the operation of the Concho Cruises cruise boat concession on Lake Nasworthy.

Summary:

Mr. Wayne Nickell, owner of Concho Cruises, submitted a letter requesting an amendment to our existing agreement with him. The following is a summary of the requested amendments:

· Add the concession of the river to the agreement (to include a small barge similar to those seen at San Antonio, paddle boats and kayaks),

· Extend existing agreement (from 2012 to 2022),

· Reduce the annual base payment to $1,000 (and keep the existing 6% of gross payment), and

· Have no annual base payment for 2012-2013 (due to low lake level).

Regarding the river boat concession, staff supports offering this opportunity following the Request for Proposals procedure, which we’d likely initiate later this year. This would open up the opportunity to others who have expressed an interest over the last several years.

Regarding the extension of the agreement, the existing agreement expires in April of 2015 and has no built-in extensions. In light of the fact that the Gateway study is underway, staff recommends awaiting the results of the study prior to considering an extension to this agreement.

Regarding the reduction in the annual base payment to $1,000, staff does not recommend approval.

Regarding the no annual base payment for 2013 due to low lake water level, staff does not recommend approval. Staff does recommend that the existing agreement be amended with a clause that allows for a pro-rated deduction of the annual base payment for times when the lake level reaches a specific level that would limit operation of the Concho Cruises boat.

Mr. Nichols stated that he needs 30 inches of water to operate his boat. The elevation at the bottom of the inlet is a little below 1,866.5 feet. Given that the boat needs 30 inches of water to operate, this places the usable elevation at 1,868.5 feet and this leaves roughly 6 inches of water below the boat. Last year, water elevation reached 1,868.5 feet or below starting on August 14 and stayed at or below that level until September 28. Water levels on Lake Nasworthy have stayed above 1,868.5 feet

since that time. Lake Nasworthy is generally maintained at a level of 1,870 to 1,871 feet, plus or minus 0.5 feet.

History: Council discussed a proposed agreement with Mr. Wayne Nickell at the March 8, 2010 meeting and later approved the existing agreement at the April 20, 2010 meeting on the consent agenda. Council discussed the lease during executive session on December 4, 2012.

Financial Impact: Approving the First Amended Agreement would mean a loss of $263.04 in base pay revenues for the City for the third year of operation under the original agreement (1 May 2012 to 30 April 2013).

Related Vision Item

(if applicable):

N/A



Attachments: First Amended Agreement, Original Agreement and Resolution.

Presentation: N/A

Publication: N/A



Approved by Legal: April 1, 2013

City of San Angelo



From: Carl White, Parks & Recreation Director


Contact: Carl White, Parks & Recreation Director


Consideration of adopting By-Laws for the Parks & Recreation Advisory Board

Summary:

The Parks & Recreation Advisory Board and City Staff recommend adoption of the proposed By-Laws for the new Board.

History: The Parks & Recreation Advisory Board was created by City Ordinance on August 7, 2012. Members of the public were appointed at the City Council meeting on December 4, 2012. The Board held its first public meeting on January 31, 2013.

Financial Impact: None.

Related Vision Item

(if applicable):

N/A


The Parks & Recreation Advisory Board approved the proposed By-Laws at their meeting on January 31, 2013. Staff recommends adoption of the proposed By-Laws.

Attachments: Proposed By-Laws of the City of San Angelo Parks & Recreation Advisory Board.

Presentation: N/A

Publication: N/A



Approved by Legal: April 1, 2013

BY-LAWS

OF THE

CITY OF SAN ANGELO

Parks & Recreation Advisory Board

ADOPTED: _____________________

ARTICLE I

Purpose, Duties and Powers

Section 1. Purpose. The Parks & Recreation Board shall act as an advisory Board to the City Council in matters of oversight, policy and administration relating to City parks, recreation programs and facilities, with the exception of the Santa Fe Parks, for which the Parks Commission shall continue to act as the advisory commission to the City Council. Section 2. Duties. The responsibility of the Parks & Recreation Advisory Board, as defined in Chapter 2, Administration, Article 2.600 Parks & Recreation Advisory Board, within the scope of its general authority, shall include:

1.) Communicate with and make recommendations to the City Manager and Parks & Recreation Director regarding parks, recreation programs and senior services programs.

2.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the administration of parks, recreation programs and senior services programs.

3.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the creation of a parks and recreation system.

4.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding maintenance of parks and park improvements.

5.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding maintenance of recreation and/or senior facilities.

6.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding the acquisition of physical improvements and equipment for parks, recreation and senior services programs.

7.) Make recommendations to City Manager, Parks & Recreation Director and City Council regarding rules or regulations for parks, recreation and senior services programs.

ARTICLE II

MEMBERS OF THE PARKS & RECREATION ADVISORY BOARD

Section 1. Members. The Parks & Recreation Advisory Board shall be composed of eight (8) members, seven (7) of whom shall be appointed by the City Council. The eighth member shall be a member of the Park Commission, nominated by the Park Commission and approved by the City Council. Section 2. Appointment. The Parks & Recreation Advisory Board members shall be appointed by the City Council of the City of San Angelo under such procedures designated by the City Council. The appointments to the Board shall be on the basis of the nominee’s educational and professional qualifications and general knowledge of, interest in, and experience relevant to youth or adult sports, senior activities, recreation activities, other organized social activities, parks, nature or conservation. Section 3. Qualifications. All members of the Board shall be eighteen (18) years of age or older and residents of the City of San Angelo, Tom Green County, Texas.

Section 4. Terms of Office. Of the members first appointed by the City Council, four (4) appointments shall be for a term of three (3)-years each and three (3) appointments shall be for a term of two (2)-years each. The first appointment selected by the Parks Commission and approved by the City Council shall be for a term of two (2)-years each. Thereafter, appointments shall be for a term of two (2)-years each, except vacancies for unexpired terms which shall be filled by appointment of the City Council for the remainder of the unexpired term. Board members shall serve without compensation at the pleasure of the City Council, subject to termination at any time without cause. Section 5. Vacancies. Any vacancy occurring on the Parks & Recreation Advisory Board shall be filled by the appointment of the City Council under such procedures as it prescribes and such appointment shall be for the unexpired term of the member whose position is vacated; provided however, that a person serving such unexpired term shall nevertheless be eligible to serve two full consecutive terms after the completion of the unexpired term as appointed hereunder.

ARTICLE III

MEETINGS Section 1. Meetings. The Board shall adopt a schedule providing for at least one regular meeting per calendar month and may make provision for such other special meetings as it deems appropriate. An agenda of the Parks & Recreation Advisory Board shall be posted in a public area and filed with the City of San Angelo City Clerk’s office at least 72 hours in advance of the called meeting. Meetings of the Board shall be held pursuant to public notice and shall be open to the public in compliance with the Texas Open Meetings Act. Section 2. Committees. The Board may create ad hoc or standing committees of less than a quorum of the Board members, which may include residents of the City who are not Board members, as needed or deemed desirable to address specific matters within the purview of the Board. Committees shall report to the Board and shall have the authority to gather information, make reports and prepare recommendations for consideration by the Board.

Section 3. Attendance. In the event any member is absent from four (4) regularly scheduled meetings during the course of any year, a Board member shall be deemed to have resigned, unless such absence from the meeting is “excused” (i.e., family emergency, work-related commitments, medical necessity or vacation outside the City of San Angelo).

Section 4. Quorum and Vote. All members of the Board shall have voting rights. A quorum shall consist of a simple majority [five (5)] of the duly appointed members of the Board. The affirmative vote of a majority of the members present at a properly called meeting with a quorum present shall be the act of the Board. Section 5. Staff Liaison. The Parks and Recreation Director shall be designated as the Parks & Recreation Advisory Board’s staff liaison and shall cause copies of the Parks & Recreation Advisory Board’s agenda, minutes and notices to be filed with the City of San Angelo City Clerk. Said liaison may designate other City staff to facilitate matters of the Parks & Recreation Advisory Board as he/she deems necessary.

ARTICLE IV

OFFICERS Section 1. Designation and Election of Officers. At a regular meeting, generally in February, each year, the members shall elect a Chair and Co-Chair. The method for nomination and election shall be determined by a vote of the majority of those members in attendance at such meeting. The Chair shall appoint committees for any purpose deemed necessary by the Board in order to execute more effectively its duties and responsibilities. Section 2. Terms. The officers shall serve a term of one year and thereafter until their successors are elected. Any member chosen as an officer shall be eligible for reelection not to exceed two consecutive terms; but having served two consecutive terms in an office, such person shall not be eligible for reelection to the same office until the expiration of one year after the completion of such second consecutive term. Section 3. Duties and Authority of Officers. a. Chair: Shall preside at all meetings of the Parks & Recreation Advisory Board, have responsibility for the accomplishment of all directions of the City Council and be primarily responsible for the accomplishment of the purpose and discharge of the duties and responsibilities imposed on the Board by the City Council. The Chair shall appoint members of all committees and shall appoint such committees as deemed necessary and appropriate to carry on the business of the Parks & Recreation Advisory Board and shall designate the Chair of such committees. b. Co-Chair: Shall, in the absence of or disability of the Chair, perform the duties and exercise the powers of the Chair and shall perform such other duties as the Parks & Recreation Advisory Board may prescribe.

ARTICLE V

AMENDMENTS The Board shall adopt and may amend from time to time its bylaws, establishing rules for its regulation, effective upon approval of the City Council. Said bylaws and amendments thereto as approved by the City Council shall be filed with the City Clerk. The Board may adopt rules or regulations in conformity with its bylaws relating to the administration of its business. ADOPTED AND APPROVED by the Parks & Recreation Advisory Board on this ____ day of _______, ______.

[SIGNATURE PAGE TO FOLLOW]

BYLAWS PARKS & RECREATION ADVISORY BOARD

________________________________ Chair, Parks & Recreation Advisory Board ATTEST: _______________________________ Director, Parks & Recreation Department APPROVED by the City Council on __________________.

1

City of San Angelo Parks & Recreation

Memorandum Date: April 12, 2013


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for April 16, 2013, Council Meeting

Contact: Carl White, Parks and Recreation Director, 234-1724


Consideration of adopting a Resolution authorizing the City Manager to execute a First Amended Lease Agreement with the Texas Southwest Council, Inc. Boy Scouts of America for the building at 104 Veterans Memorial Drive.

Summary: Staff recommends approving a lease agreement amendment with the Texas Southwest Council, Inc. Boy Scouts of America for the building at 104 Veterans Memorial Drive and authorizing the Mayor or City Manager to execute the agreement.

The basic parameters of the proposed lease amendment include the following:

• Five-year lease with no renewal option. • Lease of the building at 104 Veterans Memorial Drive and use of

the adjacent grounds and parking area. • Requirements to provide utilities at lessee’s expense. • Requirements to provide maintenance of the building at lessee’s

expense. • Standard insurance coverage

The organization has leased the property for the last 10 years and the current lease expires on April 17, 2013.

Financial Impact:

Under the proposed lease agreement, there would be no cost to the City.

Attachments: Letter of proposal, existing lease, first amended lease agreement and resolution.

2

Presentation: N/A

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager

Approved by Legal:

April 1, 2013

Map showing general area of the proposed leased property (building).

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT WITH TEXAS SOUTHWEST COUNCIL OF THE BOYS SCOUTS OF AMERICA, INC, (FORMERLY KNOWN AS CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA) TO AMEND ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO AND CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA, FOR LEASE OF CITY PREMISES LOCATED AT 104 WEST VETERANS MEMORIAL DRIVE, SAN ANGELO, TOM GREEN COUNTY, TEXAS

WHEREAS, City and Concho Valley Council, Inc., Boys Scouts of America entered into

Lease Agreement (“Lease Agreement”) for a ten (10) year term, beginning April 18, 2003 and

ending August 17, 2013, for Lessee to lease City owned premises known as 104 West River

Drive, San Angelo, Tom Green County, Texas, renamed 104 West Veterans Memorial Drive,

for office space.

WHEREAS, effective February 11, 2012, Concho Valley Council, Inc., Boys Scouts of

America has been renamed Texas Southwest Council of the Boy Scouts of America, Inc.; and

WHEREAS, effective December 6, 2011, 104 West River Drive, San Angelo, Texas has been

renamed 104 West Veterans Memorial Drive; and

WHEREAS, City and Texas Southwest Council of the Boy Scouts of America, Inc. mutually

desire to renew and amend the Lease Agreement to extend the lease term for an additional five

(5) year term, beginning April 18, 2013 and ending April 17, 2018; and

WHEREAS, all of the terms and conditions of the original Lease Agreement shall be and remain in full force and effect unless amended or changed by the First Amended Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:

The City Manager is hereby authorized to execute the First Amended Lease Agreement on

behalf of the City of San Angelo, Lessor, and Texas Southwest Council of the Boy Scouts of

America, Inc, amending the lease of City premises known at 104 West Veterans Memorial Drive,

San Angelo, Tom Green County, Texas, for office space.

PASSED and APPROVED THIS DAY OF , 2013.

ATTEST: CITY OF SAN ANGELO, TEXAS

Alicia Ramirez, City Clerk Alvin New, Mayor

APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Director Parks & Recreation Lysia H. Bowling, City Attorney

1

City of San Angelo Parks & Recreation

Memorandum Date: April 12, 2013


From: Carl White, Parks and Recreation Director


Contact: Carl White, Parks and Recreation Director, 234-1724


Consideration of adopting a Resolution authorizing the City Manager to execute a First Amended Lease Agreement with the Texas Southwest Council, Inc. Boy Scouts of America for the building at 104 Veterans Memorial Drive.

Summary: Staff recommends approving a lease agreement amendment with the Texas Southwest Council, Inc. Boy Scouts of America for the building at 104 Veterans Memorial Drive and authorizing the Mayor or City Manager to execute the agreement.

The basic parameters of the proposed lease amendment include the following:

• Five-year lease with no renewal option. • Lease of the building at 104 Veterans Memorial Drive and use of

the adjacent grounds and parking area. • Requirements to provide utilities at lessee’s expense. • Requirements to provide maintenance of the building at lessee’s

expense. • Standard insurance coverage

The organization has leased the property for the last 10 years and the current lease expires on April 17, 2013.

Financial Impact:

Under the proposed lease agreement, there would be no cost to the City.

Attachments: Letter of proposal, existing lease, first amended lease agreement and resolution.

2

Presentation: N/A

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager

Approved by Legal:

April 1, 2013

Map showing general area of the proposed leased property (building).

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDED LEASE AGREEMENT WITH TEXAS SOUTHWEST COUNCIL OF THE BOYS SCOUTS OF AMERICA, INC, (FORMERLY KNOWN AS CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA) TO AMEND ORIGINAL LEASE AGREEMENT BETWEEN CITY OF SAN ANGELO AND CONCHO VALLEY COUNCIL, INC., BOY SCOUTS OF AMERICA, FOR LEASE OF CITY PREMISES LOCATED AT 104 WEST VETERANS MEMORIAL DRIVE, SAN ANGELO, TOM GREEN COUNTY, TEXAS

WHEREAS, City and Concho Valley Council, Inc., Boys Scouts of America entered into

Lease Agreement (“Lease Agreement”) for a ten (10) year term, beginning April 18, 2003 and

ending August 17, 2013, for Lessee to lease City owned premises known as 104 West River

Drive, San Angelo, Tom Green County, Texas, renamed 104 West Veterans Memorial Drive,

for office space.

WHEREAS, effective February 11, 2012, Concho Valley Council, Inc., Boys Scouts of

America has been renamed Texas Southwest Council of the Boy Scouts of America, Inc.; and

WHEREAS, effective December 6, 2011, 104 West River Drive, San Angelo, Texas has been

renamed 104 West Veterans Memorial Drive; and

WHEREAS, City and Texas Southwest Council of the Boy Scouts of America, Inc. mutually

desire to renew and amend the Lease Agreement to extend the lease term for an additional five

(5) year term, beginning April 18, 2013 and ending April 17, 2018; and

WHEREAS, all of the terms and conditions of the original Lease Agreement shall be and remain in full force and effect unless amended or changed by the First Amended Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:

The City Manager is hereby authorized to execute the First Amended Lease Agreement on

behalf of the City of San Angelo, Lessor, and Texas Southwest Council of the Boy Scouts of

America, Inc, amending the lease of City premises known at 104 West Veterans Memorial Drive,

San Angelo, Tom Green County, Texas, for office space.

PASSED and APPROVED THIS DAY OF , 2013.

ATTEST: CITY OF SAN ANGELO, TEXAS

Alicia Ramirez, City Clerk Alvin New, Mayor

APPROVED AS TO CONTENT APPROVED AS TO FORM Carl White, Director Parks & Recreation Lysia H. Bowling, City Attorney

City of San Angelo

Civic Events



From: Angelica Peña, Civic Events Manager


Contact: Angelica Peña, Civic Events Manager, 653-5328


Consideration of adopting a Resolution authorizing the City Manager to apply for and accept an Events Trust Fund state grant for the National Reined Cow Horse Association 2013 Celebration of Champions in an amount up to $95,234, and authorizing the Mayor or City Manager to execute related documents.

Summary: On behalf of the San Angelo Stock Show and Rodeo Association, the City has received a state grant that will reimburse the SASSRA some of its costs related to the National Reined Cow Horse Association’s 2013 Celebration of Champions, including rental fees for the use of the Coliseum. History: In September, the San Angelo Stock Show and Rodeo Association submitted a grant application on the City’s behalf to the state Comptroller’s office seeking funding from the Texas Events Trust Fund. (The SASSRA cannot apply directly for funding under the state law that governs the trust fund.) The grant helps offset the SASSRA’s costs in hosting the National Reined Cow Horse Association’s 2013 Celebration of Champions, which this year was Jan. 26 through Feb. 3. (The cutting horse event is also known as the World’s Greatest Horseman.) On Oct. 3, the Comptroller’s office notified the City the event had been awarded up to $82,098, which must be matched by a local contribution of $13,136. The SASSRA has already provided those matching funds. The SASSRA will submit to the Comptroller documentation of its expenses related to this year’s event. Those costs are estimated to be in excess of $200,000. Reimbursements will be made based upon the SASSRA’s expenditures, and will be paid proportionally from state and local funds. If any local funds remain after all obligations have been met, those would be returned. This is the fourth straight year the Celebration of Champions has qualified for an Event Trust Fund grant. Last year, the event received $87,935 from the fund, which the SASSRA matched with $14,070. The state bases the grant amounts on its estimate of the incremental increase in tax revenue the state will realize as a result of the event. Financial Impact: Acceptance of the grant will reduce the SASSRA’s financial exposure by a maximum of $82,098.

The City will realize $7,500 in rental revenue for the use of the Coliseum, which serves as a warm-up facility for the competitors. (The actual competition occurs in the Spur Arena.) The first two years the SASSRA hosted the event, it was not charged rent for the use of the Coliseum.

Because the SASSRA will provide the local match, the City will have no financial exposure in accepting the grant.

According to an economic impact study performed in 2012 by Dr. Don Hoyte, the former administrator of the Event Trust Fund, the total economic impact of the Celebration of Champions approaches $2.9 million. According to the study, the event attracts 483 competitors, 45 NRCHA personnel and event officials, and approximately 10,000 fans. Dr. Hoyte estimated the event generates more than $593,000 in local lodging expenditures and more than $856,000 in local food and beverage expenditures.

Other Information/Recommendation: Staff recommends the Council accept the Events Trust Fund grant, as does the San Angelo Stock Show and Rodeo Association. If Council approves this item, staff will return with a budget amendment authorizing receipt of the grant from the state and disbursement of it to the SASSRA.

Attachments: Grant application from SASSRA to State Comptroller Award letter from State Comptroller to City Manager Resolution Reviewed by Director: Carl White, Parks & Recreation Director, April 10, 2013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION IN THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION 2013 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $13,136 WITH A STATE MATCH OF $82,098, TO CREATE A TOTAL TRUST FUND OF $95,234

WHEREAS, the City Council of the City of San Angelo, Texas, and the Texas

Comptroller of Public Accounts recognize the economic benefit to the City and to the State for the City of San Angelo having hosted the National Reined Cow Horse Association’s 2013 Celebration of Champions, a national cutting horse competition that was held at the San Angelo Fairgrounds from Jan. 26, 2013, to Feb. 3, 2013; and

WHEREAS, the Texas Comptroller of Public Accounts administers the Texas Events Trust Fund, pursuant to the Events Trust Fund statute, which provides reimbursing financing for cities or counties hosting events that result in incremental increases in state tax revenue; and

WHEREAS, the San Angelo Stock Show and Rodeo Association, on behalf of the City of

San Angelo, submitted a proposal for funding under the Events Trust Fund statute to help offset its expenses, which are estimated to be in excess of $200,000, that are associated with hosting the Celebration of Champions; and

WHEREAS, on or about Oct. 3, 2012, the Texas Comptroller of Public Accounts notified

the City of San Angelo that it estimates the state will realize an incremental increase in tax revenue under the Events Trust Fund statute of $82,098 from the City of San Angelo hosting the event, and this amount, if matched by $13,136 in contributions by the City of San Angelo, will result in a total contribution of $95,234 to the trust fund established for this Event;

WHEREAS, the Celebration of Champions’ 483 competitors, 45 event officials and

National Reined Cow Horse Association employees, and 10,000 fans are estimated to have yielded a total economic impact of nearly $2.9 million for the event, including more than $1.4 million in local hotel, sales, alcoholic beverage and automobile rental taxes;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

SAN ANGELO that it approves the City of San Angelo’s participation in the Events Trust Fund for the National Reined Cow Horse Association 2013 Celebration of Champions in the amount of $13,136 which will receive a state match of $82,098, for a total trust fund contribution of $95,234, and authorizes Mayor Alvin New or City Manager Daniel Valenzuela to execute related documents.

PASSED, APPROVED, and ADOPTED on this the 16th day of April, 2013.

CITY OF SAN ANGELO

By: ____________________ ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Form: Lysia H. Bowling Angelica Peña City Attorney Civic Events Manager

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO TO APPROVE THE CITY OF SAN ANGELO’S PARTICIPATION IN THE TEXAS EVENTS TRUST FUND FOR THE NATIONAL REINED COW HORSE ASSOCIATION 2013 CELEBRATION OF CHAMPIONS IN THE AMOUNT OF $13,136 WITH A STATE MATCH OF $82,098, TO CREATE A TOTAL TRUST FUND OF $95,234

WHEREAS, the City Council of the City of San Angelo, Texas, and the Texas

Comptroller of Public Accounts recognize the economic benefit to the City and to the State for the City of San Angelo having hosted the National Reined Cow Horse Association’s 2013 Celebration of Champions, a national cutting horse competition that was held at the San Angelo Fairgrounds from Jan. 26, 2013, to Feb. 3, 2013; and

WHEREAS, the Texas Comptroller of Public Accounts administers the Texas Events Trust Fund, pursuant to the Events Trust Fund statute, which provides reimbursing financing for cities or counties hosting events that result in incremental increases in state tax revenue; and

WHEREAS, the San Angelo Stock Show and Rodeo Association, on behalf of the City of

San Angelo, submitted a proposal for funding under the Events Trust Fund statute to help offset its expenses, which are estimated to be in excess of $200,000, that are associated with hosting the Celebration of Champions; and

WHEREAS, on or about Oct. 3, 2012, the Texas Comptroller of Public Accounts notified

the City of San Angelo that it estimates the state will realize an incremental increase in tax revenue under the Events Trust Fund statute of $82,098 from the City of San Angelo hosting the event, and this amount, if matched by $13,136 in contributions by the City of San Angelo, will result in a total contribution of $95,234 to the trust fund established for this Event;

WHEREAS, the Celebration of Champions’ 483 competitors, 45 event officials and

National Reined Cow Horse Association employees, and 10,000 fans are estimated to have yielded a total economic impact of nearly $2.9 million for the event, including more than $1.4 million in local hotel, sales, alcoholic beverage and automobile rental taxes;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

SAN ANGELO that it approves the City of San Angelo’s participation in the Events Trust Fund for the National Reined Cow Horse Association 2013 Celebration of Champions in the amount of $13,136 which will receive a state match of $82,098, for a total trust fund contribution of $95,234, and authorizes Mayor Alvin New or City Manager Daniel Valenzuela to execute related documents.

PASSED, APPROVED, and ADOPTED on this the 16th day of April, 2013.

CITY OF SAN ANGELO

By: ____________________ ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Form: Lysia H. Bowling Angelica Peña City Attorney Civic Events Manager

City of San Angelo

Memo

Meeting Date: April 2, 2013

To: City Council members

From: Jeff Hintz, Interim Senior Planner

Subject: PD 07-01( 2013 Amendment) Carrie & John Maier and Glenn & Peggy Rosser, A request for approval of a zone change from Ranch & Estate (R&E) to Planned Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment:

Location: 3512 Ben Ficklin Road, located approximately 200 feet east from the

intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.

Purpose: Approving this zone change will allow an amendment to PD 07-01

including an additional 10.8 acres and a site plan to the Planned Development.

Contacts: Carrie Maier, property owner 325-716-9236

Jeff Hintz, Interim Senior Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn &

Peggy Rosser 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: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection

of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated in Exhibit B of this Ordinance, changing the zoning classification from Ranch & Estate (R&E) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) Approve the proposed zone change as requested; or

(2) Deny the requested zone change; or

(3) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled.

Recommendation: Planning staff recommends approving the proposed zone change. Planning Commission at its meeting on March 18, 2013 recommended approval of this request by a vote of 5-1.

History and Background:

A Planned Development District has been approved (2007) to operate a Campground/RV park on other portions of this property as well as adjacent city property leased by the applicant. This PD has been amended on two occasions and allows for a "mobile home" to be placed on the property. This request is to add a 10.8 acre area, with spots for 51 Recreational Vehicles into the same Planned Development approved in 2007, with the same regulations that are already in place, using the site plan attached to this report.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Farmland and a homestead used by the applicant. Surrounding Zoning/Land Use: North: R&E Undeveloped land & Concho River West: RS-1 &

CG/CH Vacant land, drainage area, Red Arroyo

South: R&E & CG/CH

Residences & undeveloped open spaces

East: PD & R&E Fields and undeveloped open spaces

Thoroughfares/Streets: South Chadbourne Street & South Bryant

Boulevard are classified as "major arterial streets" and are 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.

Ben Ficklin Road is defined as a "local street" in

this area and is designed to, "carry light neighborhood traffic at lower speeds and generally connect to collector streets."

Zoning History: PD 07-01 Allowed for a Campground/RV Park on

a portion of the property, and city leased property. PD 07-01 was amended in 2008 and allowed a

Mobile Home to be placed on the site until March of 2011 if the Campground/RV Park was NOT fully developed.

PD 07-01 was amended again in March of 2011

and allowed the mobile home to remain on the property until March 22, 2016 if the Campground/RV Park was NOT fully developed.

Vision Plan Map: Neighborhood & Commercial Comp Plan Excerpts: Within the open space section of the

Comprehensive Plan, goal one is to, "provide a balanced system of parks, open space, and recreational facilities in terms of function and location."

Goal three of this open space section of the

Comprehensive Plan states that the community should, "make efficient and valuable use of regional drainage ways."

Special Information

Traffic Concerns: For practical purposes, the property nearly has direct access to two major arterial roadways within the community. A proposal such as this on a property of this size has the possibility to draw large amounts of travelers. These roadways are designed to accommodate large flows of traffic at a higher speed, but with limited access points.

Parking Requirements: Vary depending upon the uses and if the applicant

chooses to erect structures accessory to the

campground or not. A Campground/RV Park has no off-street parking requirements without any buildings/structures present.

Signage Regulations: Section 12.604 of the Sign Ordinance "A nonresidential use sign shall be no larger than

one half (0.50) square foot of sign area for one (1.00) linear foot of lot frontage, not to exceed a maximum of sixty-four (64) square feet."

"A nonresidential use sign shall be no taller than

one (1) foot of height for each foot of setback from the property line, not to exceed eight (8) feet in height. Five (5) feet of height is allowed at the property line, provided a ten (10) foot minimum setback is maintained from the curb line."

"No more than one nonresidential use sign (1) per

street frontage is allowed." "A nonresidential use sign must be set back ten

(10) feet from the curb line or street edge or zero feet from the property line whichever is greater. Additionally, one (1) foot of additional setback is required for each additional foot of height in excess of five (5) feet."

Parking Provided: No paved off-street parking spaces are currently

provided. Density: Predominately vacant land and low-density

residential development is present in this area Notification Required: Yes Notifications Sent: 10

Responses in Favor: 0 Responses in Opposition: 0

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. The property is zoned as R&E at this time, the least intensive of all zoning districts within the city limits. A campground will likely net the entrepreneurs some profit, however in terms of strictly land use, the campground is not a very intense use at all and is still residential in nature; this is intended for temporary living quarters, not permanent living. Staff has found that this proposal will be consistent with intent of the Vision Plan for the area and that the use will be consistent with the surrounding area and Zoning Ordinance. Given the isolation and the large portion of the property that is within the floodplain, a campground is an effective land use that will be a compliment to the area, as well as the highest and best use of the property. The isolation of this particular property and the fact that the floodplain covers a good deal of it leads staff to believe that temporary living quarters afforded to campgrounds and tourist cabins will be a good fit for the area. When floods or rainfall come to the area, Recreational Vehicles are fairly easy to move in a short amount of time. While the majority of the land use called for on this particular property within the Comprehensive Plan is "Neighborhood" staff finds this request still meets the intent of the Comprehensive Plan. This amendment will carry the exact same rules approved in 2007 by the Planning Commission and City Council and simply extend it to an area on the same property, a mere 650 feet to the west. The perceived and actual openness of a campground has a limited effect on the natural environment. The proximity to two major waterways this property sees is very unique and should not be taken lightly. The capacity of these waterways to handle storm water runoff is not a major issue due to the drainage characteristics of the property and proximity to the Red Arroyo and Concho River. It is believed that a campground will be

a way to promote and protect the natural environment in this area through limited pavement and impervious surfaces. In addition, staff finds that a campground/rv park expansion on this property, will be a way to promote the enjoyment of the natural environment through vacationers and campers alike; this proximity and access to natural resources are exactly the intent of a camping/recreation opportunity and why staff finds this proposed expansion on this property in this area, appropriate both now and in the future. staff finds that accessibility to natural resources also fills a community need for the community members as well as visitors to our community. Aside from access roads and a few campground related structures, the overwhelming majority of the site will remain in a natural state. This property is highly unique within the community given the size and access to two waterways; the opportunity for recreation and vacation uses in this area has already been approved through a PD in 2007 as mentioned previously, this particular amendment will allow for a phasing of the project. The opportunity to run a campground within the bounds of an already established PD does serve a community need, especially given the abundance of natural resources in the area. This additional area encompassed by the Planned Development in this report, is intended to be a first phase, while the existing PD area is intended to be developed later on as a phase two. Under this proposed zone change, 51 additional RV sites (site total of 101 if this amendment is approved) would be included for vacation and camping opportunities and be provided as the attached site plan indicates. This proposal is not expected to alter land use patterns in place for the area. As previously mentioned this area is very low intensity and low density in nature. Allowing the property to be used as a campground fits the present development for the area and does not compromise the ability for the area to grow either. South Chadbourne Street and Ben Ficklin Road (in this general area anyway) are for all practical purposes, used to access recreation and open space land uses. Several fields and other natural open areas are present in this area accompanying the already approved PD 07-01; this extension onto an additional 10.8 acres is not expected to alter development in the area. The low density and low intensity development on this property and on the neighboring properties should continue on unhindered by this proposal. The open space and neighborhood envisioned areas called for within the Vision Plan portion of the Comprehensive Plan, should remain unaffected by this expansion as well. The expansion of this already approved campground and RV Park, are not anticipated to change development patterns or limit the potential for the area grow in the same predictable manner in the future due to the isolation of the property and proximity to natural resources. The overall acreage owned and leased by the applicant is just under 100 acres, approximately 30 acres (if this amendment were to be approved) of property would be zoned as PD allowing a campground/rv park with tourist cabins and horse boarding (for campers only). The maximum allowed RV units is 101 (60 on the already approved PD and 51 proposed to be added with this amendment) 101 RV's on 30 acres is about three and 1/3rd (3.36) RV's per acre, an extremely low overall density. When looking at the entire site the applicant owns (comprising PD and Ranch & Estate zoning) nearly 100

acres, this density comes out to be about one RV per acre, an extremely low overall density that staff finds preserves the openness of this general area. This overall low density, meets the intent of a campground and RV park as currently defined within the Zoning Ordinance. The openness that is preserved through the adherence to site plans with specific site locations and amounts of spaces is the most control the Zoning Ordinance affords to the community and members of the Planning Commission. The applicant is required to do exactly what the approved PD 07-01 Ordinance calls for, as well as follow the site plans which are a part of the ordinance. The PD will not allow this vast site to become a free-for-all parking lot of RV's with no restrictions; this strict control allows for the most consistent and predictability of development within the community, a fact that solidifies the purpose and intent of the Zoning Ordinance and Comprehensive Plan and the goals for this area. For all of these reasons, staff finds this use consistent with all criteria mandated of the request and recommends approval of this expanded area within the bounds of PD 07-01. Proposed Conditions

Conditions are listed in Section Five of approved ordinance referring to PD 07-01 in the attached ordinance at the end of this report. The Ordinance accompanying this report as a draft simply adds this site plan and area to the requirements from PD 07-01.

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; and draft Planning Commission minutes from March 18 meeting; citizen responses; applicant's presentation; approved PD 07-01 ordinance from 2007; approved PD 07-01 site plan from 2007; and draft ordinance with site plan incorporating this new "phase

one" area into PD 07-01.

Presentation: Jeff Hintz, Interim Senior Planner

D. PD 07-01 (2013 Amendment): Carrie & John Maier and Glenn & Peggy Rosser

A request for approval of a zone change from Ranch & Estate (R&E) to Planned

Development (PD) district to allow for a "Campground /Recreational Vehicle Park" as allowed in PD 07-01, approved in March of 2007, and to which the property described below is proposed to be added via an amendment:

3512 Ben Ficklin Road, located approximately 200 feet east from the intersection

of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo.

Jeff Hintz, Planner, came forward to present this request, consistent with the staff recommendation of approval. Five notifications were sent out, with one returned in favor and zero in opposition. Two letters in favor and one in opposition - which are outside of the notification area - were also sent in to city staff. Mr. Hintz familiarized the Commissioners with the property. The Vision Plan map for the area calls for a mostly "Neighborhood" designation. The property is immediately adjacent to the PD district already in place, and is intended to be a continuation of the PD, to be accomplished with a formalized amendment. This amendment would allow for the addition of property to this existing PD district, while utilizing the same regulations that are already in place within this PD ordinance. The request is compatible with the area and there should be little effect on the natural environment. Mr. Hintz reviewed the comments that came from other internal and external parties in the review of the proposal. RV park development is a better fit for an area of this nature and fits in with an "open space" designation. The intent of this RV park is consistent with the Zoning Ordinance which is currently written. The PD is the most predictable and consistent development type within the City limits, and the same rules and regulations will apply which have been in place since 2007. The specific site plan must be followed, and this proposal is unique from any other request for this type of usage because of its location, proximity to an existing PD district, intent matching the use classification, and application of rules previously established which the Planning Commission approved at one time. Peggy Rosser, applicant, came forward to speak in favor of this request. Ms. Rosser provided a packet of information to the Planning Commission which supports their request. Their intent is to build an RV Park, not a work camp. Ms. Rosser described each of the exhibits in the packets. A copy of this packet is maintained as part of the minute record. The packet includes examples of manufactured housing parks in San Angelo, as well as RV sales lots. The packet also includes letters of support from various parties for this proposal as presented. Ms. Rosser provided some quotes from the letters of support, including some from the Chamber of Commerce, Convention & Visitors Bureau, Angelo RV, and two citizens of San Angelo who own property immediately nearby. The argument was made that equine tourism, recreational-based travelers, and seasonal travelers are beneficial to attract for San Angelo. After reviewing some of the quotes from these letters, Ms. Rosser asked if there were any questions.

Joe Grimes asked Ms. Rosser a bit about the nature of the RV park and explained that their project was not necessarily the same type of endeavor as the other RV parks which have been brought to the Planning Commission in recent months. Teri Jackson, with the Century Park Homeowners Association, came forward to speak in opposition on this matter. They are within 1200' of the proposal PD district. They have submitted a letter with 33 homeowners in opposition who signed it, which was presented to the Commissioners. Jennifer Boggs asked Ms. Jackson why the group was in opposition to the request. Ms. Boggs asked Ms. Jackson if she has been on the property, and Ms. Jackson replied that she had not. Ms. Jackson stated that Ben Ficklin Road is a very small road and would be a difficult entrance. Mr. Wynne asked if the objection was based on the perception of a work camp and not on a RV park for recreational type of usage. Mr. Smith explained that he too, like Ms. Boggs, did not understand the rationale behind the opposition. Mr. Lawrence wanted to identify the reasons for the objection. The only reason for objection articulated was that Phase I had not yet been developed. Kandi Pool, speaking for the Association of Realtors, came forward to explain that they are in opposition to this request. She explained that other requests have been tabled and that they ask that this request be handled the same way. Mr. Lawrence explained that the previous case was intended for long-term living, while this case is focused on the type of limitations which the current ordinance allows - being recreational in nature. There is, as such, a clear distinction between the two. Mr. Wynne asked Mr. Hintz to provide the packet to Ms. Pool for her review. Ms. Pool expressed that they want to make sure that there will be a proliferation for campgrounds throughout the city for different reasons. Ms. Pool asked that the Commission wait for the joint meeting to be held. No one else came forward to speak on this matter. Darlene Jones explained that the concept is a great concept and the presentation was done well. However, she feels that there should be examination of the area. Mr. Hintz spoke about the differences of this project because the PD ordinance is tailor-made for this property, rather than simply being open to anything under the use category. Jennifer Boggs stated that the letters of support were important and should be considered in the evidence of the case. Ms. Boggs also explained that there is, and has been articulated, a clear line of distinction between the work camp issue and a recreational use. Mr. Smith stated that he was surprised to see Commission members apologize for "pigeon-holing" the project in a previous hearing but then go ahead and "pigeon-hole" it by tabling it. Mr. Smith continued to state that this is a different matter. Motion, to approve as presented, was made by Ryan Smith and seconded by Jennifer Boggs. The motion passed by a vote of 5-1 with Darlene Jones opposed.


RE: PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser

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;

WHEREAS, the applicants seek to develop the property in a phased approach and

wish to include an additional area of property within their ownership to the development as approved and adopted on March 6, 2007; 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: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated on Exhibit B of this Ordinance shall henceforth be permanently zoned as follows: Planned Development (PD) 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. SECTION 5: That the ordinance approved by the governing body for the City of San

Angelo on March 6, 2007 amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-01and which concerns a certain 6.608-acre tract and a 14.199 acre tract out of the E. Hermes Survey 0174 Abstract 0349 in the City of San Angelo, Tom Green County, Texas, shall be and the same is hereby amended insofar as a certain Paragraph B in Section 5, adding the site plan referenced in Exhibit A of this ordinance to the area encompassed by PD 07-01.

INTRODUCED on the 2nd day of April, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 16th day of April, 2013.


____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services

Exhibit B

M

M

BE

N F

IC

KL

IN

R

OA

D


RE: PD 07-01 (2013 amendment): Carrie & John Maier and Glenn & Peggy Rosser


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;

WHEREAS, the applicants seek to develop the property in a phased approach and

wish to include an additional area of property within their ownership to the development as approved and adopted on March 6, 2007; NOW THEREFORE,



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: 3512 Ben Ficklin Road, located approximately 200 feet east from the intersection of Ben Ficklin Road and South Bryant Boulevard. This property specifically occupies approximately 10.8 acres in the southwest portion of a 73.9 acre tract of the E Hermes Survey 0174 Abstract 0349 in south central San Angelo, as indicated on Exhibit B of this Ordinance shall henceforth be permanently zoned as follows: Planned Development (PD) District.







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. SECTION 5: That the ordinance approved by the governing body for the City of San

Angelo on March 6, 2007 amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-01and which concerns a certain 6.608-acre tract and a 14.199 acre tract out of the E. Hermes Survey 0174 Abstract 0349 in the City of San Angelo, Tom Green County, Texas, shall be and the same is hereby amended insofar as a certain Paragraph B in Section 5, adding the site plan referenced in Exhibit A of this ordinance to the area encompassed by PD 07-01.



____________________________________

Alvin New, Mayor

ATTEST:



Exhibit B

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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-08: Cho Walker


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,



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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, shall henceforth be permanently zoned as follows: Two-Family Residential (RS-2) District.


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.


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.


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.



____________________________________

Alvin New, Mayor

ATTEST:

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

City of San Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z13-08: Cho Walker. A request for approval of a zone change from Single-Family Residential (RS-1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property:

Location: 1205 South Jackson Street; located approximately 75 feet

southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.

Purpose: Approval or modification of this request by the Planning

Commission would forward the recommendation to City Council for a final decision on the matter.

Contacts: Cho Walker 325-763-8606

Roxanne Johnston, Planner 325-657-4210


Z 13-08: Cho Walker 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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;


(3) Deny the proposed zone change Recommendation: City staff recommends approving the proposed zone change.

On March 18, 2013, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.


The subject property encompasses two lots and measures approximately 1/3 of an acre. The existing home was built in the early 1940s. Santa Rita Park and Santa Rita Elementary School are located nearby, less than ¼ mile to the east. Proximity to these locations allows opportunities for recreational, educational and social opportunities for the surrounding area. Additionally, the subject property is situated well under a ½ mile in to South Beauregard Avenue to the north and West Avenue N to the south. These two locations generally provide commercial opportunities to the subject property and the neighborhood, overall.

The applicant is seeking this zone change in order to convert an existing accessory building into an accessory apartment. Although many such structures are in place within the surrounding area, there are two properties that have been rezoned to RS-2. The closest, 1313 South Jackson Street, houses a two story duplex and was rezoned in 1965. It is less than 500 feet south from the subject property.

Another such RS-2 zone is located southwest at 1428 West Tyler Street. This last property lies approximately 2000 feet from the subject property with an accessory apartment situated towards the rear of the property.

General Information

Existing Zoning: Single Family Residential (RS-1) Existing Land Use: Residence Surrounding Zoning/Land Use: North: RS-1 Single-family Residential West: RS-1 Single-Family Residential South: RS-1 Single-Family Residential East: RS-1 Single-Family Residential

Thoroughfares/Streets: South Jackson Street and West Avenue H

are defined as “local streets” which are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: The property has been a part of the city

limits since at least 1949 with little change to residential zoning and uses to the immediate area.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

Development Standards: Residential development setbacks are

outlined in Section 501 of the Zoning Ordinance.

Vision Plan Map: Neighborhood for the subject property and

surrounding area. Related Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and

security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” "Encourage in-fill development sensitive to the existing and desired content of the area”

“All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."

Establish transition areas to better "scale-

down" intensity of use from commercial centers to neighborhoods."

Special Information

Traffic Concerns: Changing the zoning to RS-2 will create little impact on the volume of traffic than if the property remained as-is.

Parking Requirements: New residential units require a minimum of

two off-street parking spaces. All areas used for off-street parking shall be paved, per Section 511.F.3 of the Zoning Ordinance.

Parking Provided: Off-street paved parking is provided. Density: Surrounding uses are predominately

residential in nature, with the majority of the structures being single-stories.

Notification Required: Yes Notifications Sent: 20


Analysis:

In order to approve this Zone change request, 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.







The staff recommendation is based upon the statements listed below.

The applicant is seeking a zone change in order to convert an existing accessory building into an apartment. This zone change request from RS-1 to RS-2 is only a slight change from current zoning and staff has discovered that this proposed change is in keeping with the 7 criteria listed above, all of which will be explained in the following. A zone change to RS-2 would allow the owner and future owners to enjoy the same residential uses that are allowed by right as current zoning with just one exception: it allows for an accessory apartment on the property and the occupancy rate would increase slightly. As mentioned earlier under the “History and Background” portion of this report, the subject property is comprised of two lots. A lot size of an approximately 1/3 of an acre makes a zone change here

more attractive than if the request were made on a piece of property half the size of the subject property. Because of this minute difference in residential uses, and with the lot being larger than many in the area, the proposed zone change remains consistent and compatible with both the Zoning Ordinance and Comprehensive Plan and meets the requirements of Criteria 1. Since there would be no conflict in land use or the building requirements outlined in the Zoning Ordinance, the proposed zone change would also be consistent with the Zoning Ordinance and meets the intent of Criteria 2. Traffic would be minimally impacted and the use would remain compatible with the surrounding area. Additionally, the property has a spacious paved curved driveway that can easily provide 3 additional off street parking opportunities along with the two car garage attached to the primary residence. The subject property lies amid an older, more established medium-density residential area and is situated less than a half mile to commercial areas located along West Beauregard Avenue and West Avenue N. Also, Santa Rita Park and Santa Rita Elementary are within 500 feet of the subject property. The proximity to these commercial opportunities can be ideal for pedestrian and bicycle uses. Staff found many accessory structures in the subject property neighborhood and discovered two instances of zone changes from RS-1 to RS-2. These illustrate precedence by the Planning Commission and City Council to allow a mix of housing stock to the area, which was and still is in keeping with the Comprehensive Plan, so allowing an additional zone change here would be appropriate. As previously mentioned, traffic would be minimally impacted with a zone change and the use would remain compatible with the surrounding area and therefore meets with the conditions of Criteria 3. Conditions would remain relatively the same should the zone change be approved. The Vision Plan calls for the subject property to remain as ‘Neighborhood’ in nature. Therefore, the zone change request is consistent with aspects of the Vision Plan and will likely have a positive impact on current and future land uses. RS-2 zoning here for an accessory apartment could also encourage redevelopment and provide encouragement for future neighborhood development that would be compatible with surrounding uses, including Santa Rita Elementary School and Santa Rita Park to the east. This zoning request would have minimal negative impacts on the natural environment, again, since there is a little change between RS-1 and RS-2 uses. Storm water runoff to the area would remain unchanged since the building is already in place. Traffic would be the only factor increasing and impacting the area, and again, this would be a negligible change since only one apartment would be in use on the subject property and would most likely not negatively affect neighboring properties if all conditions of the Zoning Ordinance are satisfied.

San Angelo is experiencing a need for increased housing stock as our population has been increasing. According to the United States Census Bureau, population increased by nearly 5,000 between the years 2000 and 2010.1 In this instance, an existing structure would be reconditioned to provide more housing to assist with community need, so Criteria 6 would continue to be met with the approval of a zone change here. Also addressing community need is this: the proposed area is situated in what contains several potential components of a walk-able community from a Smart Growth point of view. Smart Growth, can be defined as “development that serves the economy, the community and the environment”2 and promotes strong neighborhoods through choices in transportation and housing. Smart Growth also offers a higher level of social interaction, reduced emissions caused by automobile travel and greater opportunities for physical opportunity that are brought about by higher pedestrian and bicycling uses. Both Santa Rita Elementary and Santa Rita Park are located less than 500 feet east of the subject property, between South Monroe and South Madison Streets. Commercial access exists less than a half a mile north from the subject property along West Beauregard Avenue and also along West Avenue N, which is located less than a half mile south from the subject property. These are just three examples of current locations where area residents have reasonable pedestrian and bicycle access to and illustrate how the subject property has several desirable Smart Growth traits. In addition to meeting Criteria 1-6, staff feels this zone change request is in keeping with Criteria 7. A rezone to RS-2 is most certainly a logical progression in terms of development patterns. Again, the change is very slight from the current zoning and the Vision Plan calls for the area to remain residential. A rezone to RS-2 would have little negative impact on the area, and again, could help encourage future development in a predictable, orderly manner which is exactly the intent of the Comprehensive Plan and Zoning Ordinance.

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;

1 www.quickfacts.census.gov (accessed 01/18/13). 2 www.smartgrowthpa.org (accessed 01/22/13).

http://www.quickfacts.census.gov/

http://www.smartgrowthpa.org/

aerial photo, highlighting subject property; and excerpt from the Comprehensive Plan Vision map

highlighting the subject property. notification map highlighting responses from

neighboring properties; citizen response letters; draft minutes from March 18, 2013 Planning

Commission meeting; and ` draft ordinance

Presentation: AJ Fawver, Interim Director of Development Services Reviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)

The effect of

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS

PRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne,

Ryan Smith

ABSENT: Sebastian Guerrero (AE) STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

VII. Requests for Zone Change. [Planning Commission makes recommendation; City Council has final authority for approval.]

A. Z 13-08 Cho Walker A request for approval of a zone change from Single-Family Residential (RS-

1) to Two-Family Residential (RS-2) to specifically allow for “Household Living” as defined in Section 313.B. of the Zoning Ordinance and as allowed in RS-2 zoning districts on the following property:

1205 South Jackson Street; located approximately 75 feet southwest from

the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this case, consistent with the staff recommendation of approval. Twenty notifications were sent out, with three returned in opposition to the request. She described briefly the concerns that were outlined. There is predominant RS-1 zoning throughout the area, and the subject property actually sits on two lots. The applicant would like to have a full accessory apartment on the premises. The properties responding in opposition to the request were shown. The Vision Plan map calls for a "neighborhood" designation at this location. Ms. Johnston gave some other background on the ordinance requirements for accessory apartments. Staff explained that the zoning change was needed because a full-fledged apartment (encompassing both a bathroom and a kitchen) would be a full second living unit. An RS-1 zoning district only allows one living unit per lot. In this case, the property is actually two lots, making it unique. Conceivably, if the current buildings were removed, one residence could be constructed on each of those lots. As such, the only thing preventing this occurring now is the limitations of the current buildings and setbacks.

Cho Walker came up to speak. Bill Wynne asked if someone will be occupying the residence. Ms. Walker mentioned that her sister will be occupying it permanently. She mentions that her sister is ill and that she would care for her. Ms. Boggs asked if there would be any changes to the existing structure. Ms. Walker responsed no. there are no changes expected to the building. Ryan Smith asked about the terms of renting. Staff explained the differences between a full accessory apartment and a "mother-in-law suite". The former has both a bath and a kitchen, while the latter has one or the other, not both. Motion, to approve, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, changing the zoning classification from a Single Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-08: Cho Walker





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: 1205 South Jackson Street; located approximately 75 feet southwest from the intersection at South Jackson Street and West Avenue H. This property specifically occupies the South Heights Addition, Block 6, Lots 2 and 3, in southwest San Angelo, shall henceforth be permanently zoned as follows: Two-Family Residential (RS-2) District.





SEVERABILITY:






____________________________________

Alvin New, Mayor

ATTEST:

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


RE: Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel




SECTION 1: That the ordinance approved by the governing body for the City of San

Angelo on August 21, 2007, amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-03 and which contains a 7.938 acre tract out of W. Nevels Survey 2 (Abstract No. 1755) and out of J. McNeese Survey 1761/2 (Abstract No.1641) in San Angelo, Tom Green County, Texas shall be the same and is hereby amended to include all conditions specified in Section 5 below.





SEVERABILITY:



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. SECTION 5: Except as otherwise specified or limited below, the use and

improvement of the subject property shall be governed by standards, requirements and limitations of development in Single-Family Residence (RS-1) Districts:

A: The property shall not allow any retail sales except to students and attendees of

gymnastics showcases and or events. Invitation for the sole purpose of retail sales shall be prohibited. Said sales shall be limited to gymnastics activities and general concessions.

B: Office space shall be allowed for the gymnastics academy and assisted group

living uses only. Other types of offices not related to the allowed uses through this amendment and PD 07-03 shall not be permitted.

C: Gymnasium shall only be used for gymnastics activities, showcases and training

limited to those enrolled in lessons or the academy. Other types of athletic clubs, events, or sports unrelated to the operation of a gymnastics academy or assisted group living facility shall not be permitted.

D: Appeals of what constitutes a gymnastics activities shall be directed to the Zoning

Board of Adjustment if not addressed within this amendment to PD 07-03. SECTION 6: The parking requirements for this gymnastics academy shall be as

follows, and as is ordinarily required in the zoning ordinance for the City of San Angelo: A: 1 space per 400 square foot gross or 1 space for every 10 seats for patron use;

whichever is greater for the gymnastics academy. Such off-street parking areas (including vehicle maneuvering space and driveways) shall furthermore be designed, improved and maintained as generally required by off-street parking standards of San Angelo’s Zoning Ordinance.

B: Before any activities allowed within this Planned Development District may commence, a Certificate of Occupancy from the Building Official shall be obtained and all parking spaces required for those uses shall be provided and maintained as Section 511 of the Zoning Ordinance requires.

SECTION 7: Outdoor storage of any materials or equipment or any kind shall not be

permitted at any location within the bounds of this Planned Development District.



____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, AICP Interim Director Lysia H. Bowling, City Attorney of Development Services

City of San

Angelo

Memo



From: Roxanne Johnston, Planner

Subject: Z13-09; Jack Gabriel, aka PD 07-03 (2013 Amendment); (an amendment to a Planned Development District (PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:

Location: 2909 South A&M Avenue, located at the southwest corner of

South Oxford Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo.

Purpose: Approving this zone change amendment will forward that

recommendation to City Council for a final decision on the matter.

Contacts: Jack Gabriel, property owner 325-374-3457

Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel

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: a 7.938 acres at southwest corner of South Oxford Drive and A&M Avenue in southwestern San Angelo, amending the zoning classification from a Planned Development (PD) District (PD 07-03) previously approved for assisted group living to specifically add allowance for the operation of a gymnastics academy; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may: (1) Approve this Planned Development amendment request with conditions; 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 this Planned Development amendment request.

Recommendation: Planning staff recommends approving the proposed amendment to PD 07-03 with conditions. On March 18, 2013, the Planning Commission recommended approval of this request by a unanimous vote of 6-0.


The subject property is the former Travis Elementary School. Campus buildings and related site improvements, including off-street parking areas as well as recreation and playground equipment, remain. In 2007, a Planned Development District was given to allow for an assisted group living center which was to eventually include a two story building. This facility has not been constructed nor has the center been developed. The amendment proposal, the first for this PD, is to use an existing recreational building located approximately 75 feet west of the intersection at A&M Avenue and Harvard Avenue for a gymnastics academy. This use is not consistent with the original PD. This or any PD District is a customized zoning classification. Use and development of land and buildings within each PD District is guided by a graphic concept plan fully integrated with (and formally a part of) specific zoning regulations tailor-made for each district. Changes to the PD require

review and approval from Planning Commission and City Council and are further explained in this report.

General Information

Existing Zoning: Planned Development (PD) Existing Land Use: Vacant former school. Surrounding Zoning/Land Use: North: RS-1 Single-family residences, campus

for church and private school West: RS-1 Single-family residences South: RS-1 Single-family residences and

open space including the Red Arroyo

East: RS-1 Single-family residences

Thoroughfares/Streets: South A&M and Oxford Avenues are defined as "minor collector streets” designed to connect arterial streets to local streets and access land.

Zoning History: PD 07-03 allows for an assisted group

living center, but to date, this property has not been used nor developed for this intended purpose.

Applicable Regulations: Section 210.G. Planned Development

Review “Any amendment to the terms and

conditions of an approved PD District ordinance shall be subject to review and reconsideration…”

Section 306. PD (Planned Development) District

“The purpose of the Planned Development

District include, but are not limited to the following

1. To allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.

2. To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of open space. 3. To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 4. To promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities. 5. To promote the development of vacant property within the presently developed urban area.”

Development Standards: Residential development setbacks are

outlined in Section 501 of the Zoning Ordinance.

All required off-street parking and the

connection(s) to a public right-of-way are required to be paved as defined in Section 511.F.3 of the Zoning Ordinance.

Section 502. Nonresidential District Standards

A. Within any nonresidential district, allowed residential uses shall conform with the residential bulk regulations regarding maximum floor area ratio, required yards and height that are most closely associated with the proposed type of residential use.”

Vision Plan Map: Neighborhood Comp Plan Excerpts: Chapter 6 addresses land use: “medium-and high-density housing districts

can serve as a transition between single-family residential and commercial uses.” and;

Objective D: “Encourage in-fill development sensitive to the existing and desired context of the area.”

Objective E: “Encourage the re-use of

vacant buildings in the city. Carefully integrate new uses into older areas…” and to “Provide regulatory flexibility to allow for the use of vacant or underutilized buildings.”

Special Information

Traffic Concerns: This property has direct access to two major collector streets within the neighborhood; A&M Avenue and Oxford Avenue. The proposal to add a new use will most likely increase traffic; primarily during the hours of operation. As this property was once a school, the area experienced high volumes of traffic depending on the school’s hours of operation, and these roadways therefore designed to accommodate moderate flows of traffic at moderate speeds, but with limited access points.

Parking Requirements: 1 space per residential unit under the

existing PD. The new use would require 1 space per 400 square foot gross or 1 space for every 10 seats for patron use; whichever is greater.

Parking Provided: Paved off-street parking spaces are

currently provided. Density: Predominately vacant land and medium

density Single-Family Residences are prevalent in this area.



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.







The staff recommendation is based upon the statements listed below.

A requirement of any PD is that the original plans approved as a condition of the PD be adhered to and any changes require a review. When a change is requested by an applicant, as it is here, then the PD must be reviewed per Section 210G of the Zoning Ordinance which, in short, instructs that the Planning Commission review the request. Since the change has been recommended by the Planning Commission, the City Council then makes the final decision on the matter. Staff has determined that an important distinction be made between the proposed use and examples of other uses in the “Retail Sales and Service Entertainment Oriented” use category. Other uses in this category include “restaurants, cafes, delicatessens, indoor continuous entertainment activities such as bowling alleys and ice rinks; dance halls; theaters, health clubs, gyms, membership clubs and lodges;

hotels, motels, campgrounds, recreational vehicle parks and other temporary lodging with an average length of stay of less than 30 days.” Staff would not support the placement of many of these uses on the subject property, and asserts that a gymnastics academy would most likely represent the least intensive of land use and nuisance to the area when compared to other businesses in this use category. Given the history of the property whereby the original PD conditions have not been met by neither the original nor the current owner, it seems only equitable to Planning staff that the current owner uses the property for a purpose that will be compatible with the surrounding area, the Zoning Ordinance, and the Comprehensive Plan. In a residential area where commercial uses are normally not allowed, it would seem that a commercial use would be undesirable. However, in this case, the commercial use serves to provide education and also contains entertainment elements if the use is restricted to the proposed use or a similar use. The Comprehensive Plan seeks to promote public arts and cultural opportunities for youth. Although the proposed use would not be publically funded, it could still provide for such art and cultural opportunities. It is quite possible, too, that area residents of the neighborhood would make use of the proposed gymnastics academy. Additionally, the Comprehensive Plan seeks to “create new physical connections to neighborhoods lined with transitional and intermediate uses.” The neighborhood contains a variety of uses; two such uses can be found in the church to the north of the subject property and the school operated by the church. Additionally, to the west of the property, the use of open space that lies between commercial uses along South College Hills Boulevard is yet another example of a transitional use. Adding the proposed use lends itself to the idea of connectivity as such activities provide opportunities to gather together socially and potentially create a feeling of both community and community investment through shared experiences. Along with this idea is the enhancement such a proposed use would bring to a walk-able community that is attainable through pedestrian activities and alternative transportation such as bicycles. No new building is being proposed at this time, so the surrounding area (which includes the Red Arroyo) will not be impacted by additional storm water runoff; landscaping in place will most likely remain as-is with routine maintenance. Therefore this amendment proposal should not subject the area to adverse impacts such as excessive noises or noxious odors, for example. This request is requiring an amendment to the Zoning Ordinance; however, a change to any PD would also require an amendment. The applicant and several residents of the neighborhood expressed to staff that the property was vandalized in the past when the property was not being used, so staff believes activity such as the proposed use will promote a “safer” neighborhood since the property is now lit and active in the evenings. Also, the proposed use remains compatible with the overall

conditions of the original PD. In the event that those conditions (the group living facility) are realized, then the proposed gym could still be used concurrently. In the event the gym discontinued its use, the overall PD will not be adversely impacted. Either way, the character of the neighborhood will not be compromised and so the balance of what is intended in the Vision Plan for the area remains intact.

The creation of any PD brings the most consistent and predictable development within the community, a fact that solidifies the purpose and intent of the Zoning Ordinance and Comprehensive Plan and goals for this area. For all of these reasons, staff finds this use consistent with all criteria mandated of the request and recommends approval of the proposed use within the boundary of PD 07-03.

Conditions:

Conditions of this amendment to the Planned Development are listed in Sections 5 – 7 of the attached draft ordinance included with this report 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; notification map highlighting responses from

neighboring properties; citizen response letter; draft minutes from January 18, 2013 Planning

Commission Meeting; approved PD 07-03 ordinance from 2007; approved PD 07-03 site plan from 2007; and draft ordinance for current proposal.

Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (03/09/13)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, March 18, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Joe Grimes, Bill Lawrence, Jennifer Boggs, Darlene Jones, Bill Wynne,

Ryan Smith ABSENT: Sebastian Guerrero (AE) STAFF: AJ Fawver, Interim Director of Development Services Lysia Bowling, City Attorney Al Torres, Building Official Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

B. Z 13-09: Jack Gabriel (aka PD 07-03 2013 Amendment) A request for approval of an amendment to a Planned Development District

(PD07-03) to specifically add an allowance for the operation of a gymnastics academy, which is defined in Section 315.G.c.3 of the Zoning Ordinance as a “Retail Sales and Service that is Entertainment Oriented” on the following property:

2909 South A&M Avenue, located at the southwest corner of South Oxford

Drive and South A&M Avenue. This property specifically occupies approximately 7.938 acres out of the J Mc Neese Survey 0176 Abstract 1641 in southwest San Angelo.

Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval 21 notifications were sent, with 1 returned in favor. Packets of a petition that was put together in support of the zoning were handed out to the Planning Commission, provided by users of the property. A copy of this packet is maintained as part of the minute record. Ms. Johnston showed some photos of the subject property and the surrounding area. There is a large neighborhood surrounding the property and the property itself is the site of a former elementary school. The property has been a PD district since 2007 allowing for group living, and the applicant seeks to amend this PD to include a gymnastics academy. The proposed use falls within the retail sales category, but the ordinance crafted for this site limits the usage to simply a gymnastics academy. It is a request consistent with the Comprehensive Plan and far less intensive than other types of uses within the retail sales use classification. The proposed use provides recreation, ties to the neighborhood, and there is no new building proposed at this time. Environmentally, the effects will be minimal. The character of the neighborhood should remain unaffected since the gymnastics academy is similar to the educational setting of a school.

Jennifer Boggs asked some questions about the environmental issues. Al Torres, Building Official, came forward to address these questions. There were no other questions for staff. Mr. Lawrence asked about the zoning that predated the PD zoning district. Mr. Lawrence talked about the potential responsibility of the school district to clear these lots when abandoning the uses so that the properties may be used and re-visioned. Landa Knight, owner of the Texas Tumbleweeds Academy, came forward to discuss the support of the community for their utilization of the property. There isn't a current plan of action for the other facilities of the site in addition to the gymnasium. They are leasing the property from a private property owner. Ms. Johnston clarified that the PD district applies to the entire tract of property. Joe Grimes asked about the parking, and Ms. Knight explained that there is regular pick-up and drop-off traffic, not permanent occupation of the parking lots. There was discussion as to the options of the proponents moving forward. Marla Butler Cummings came forward to speak in favor of this request. She has students attending the academy and does live in the area as well. She discussed the traffic concerns of the property and the neighborhood. Mr. Smith asked if there were matches held in the facility, and she replied that there are not. The space is fairly tight for all of the things which they are doing within it. No one came forward to speak in opposition to the request. Motion, to approve as presented, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.


RE: Z 13-09 AKA PD 07-03 (2013 Amendment): Jack Gabriel




SECTION 1: That the ordinance approved by the governing body for the City of San

Angelo on August 21, 2007, amending the basic zoning ordinance for the City of San Angelo, which said amending ordinance is referenced as PD 07-03 and which contains a 7.938 acre tract out of W. Nevels Survey 2 (Abstract No. 1755) and out of J. McNeese Survey 1761/2 (Abstract No.1641) in San Angelo, Tom Green County, Texas shall be the same and is hereby amended to include all conditions specified in Section 5 below.








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. SECTION 5: Except as otherwise specified or limited below, the use and

improvement of the subject property shall be governed by standards, requirements and limitations of development in Single-Family Residence (RS-1) Districts:

A: The property shall not allow any retail sales except to students and attendees of

gymnastics showcases and or events. Invitation for the sole purpose of retail sales shall be prohibited. Said sales shall be limited to gymnastics activities and general concessions.

B: Office space shall be allowed for the gymnastics academy and assisted group

living uses only. Other types of offices not related to the allowed uses through this amendment and PD 07-03 shall not be permitted.

C: Gymnasium shall only be used for gymnastics activities, showcases and training

limited to those enrolled in lessons or the academy. Other types of athletic clubs, events, or sports unrelated to the operation of a gymnastics academy or assisted group living facility shall not be permitted.

D: Appeals of what constitutes a gymnastics activities shall be directed to the Zoning

Board of Adjustment if not addressed within this amendment to PD 07-03. SECTION 6: The parking requirements for this gymnastics academy shall be as

follows, and as is ordinarily required in the zoning ordinance for the City of San Angelo: A: 1 space per 400 square foot gross or 1 space for every 10 seats for patron use;

whichever is greater for the gymnastics academy. Such off-street parking areas (including vehicle maneuvering space and driveways) shall furthermore be designed, improved and maintained as generally required by off-street parking standards of San Angelo’s Zoning Ordinance.

B: Before any activities allowed within this Planned Development District may

commence, a Certificate of Occupancy from the Building Official shall be obtained and all parking spaces required for those uses shall be provided and maintained as Section 511 of the Zoning Ordinance requires.

SECTION 7: Outdoor storage of any materials or equipment or any kind shall not be

permitted at any location within the bounds of this Planned Development District.



____________________________________

Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, AICP Interim Director Lysia H. Bowling, City Attorney of Development Services


RE: Z 13-10: Mills Development INC





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 occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.










____________________________________

Alvin New, Mayor

ATTEST:



City of San

Angelo

Memo



From: Jeff Hintz, Interim Senior Planner

Subject: Z 13-10 Mills Development INC A request for approval of a zone change from Ranch & Estate (R&E) to Single-Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:

Location: An unaddressed tract occupying 8.895 acres of the Deaf &

Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.

Purpose: Approval of this request would zone the property Single-

Family Residential.

Contacts: Rocky Templin, Developer 325-944-1174 Jeff Hintz, Planner 325-657-4210


Z 13-10: Mills Development INC 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 occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;


(3) Deny the proposed zone change

Recommendation: Planning staff recommends approving the proposed zone change. On March 18, 2013 the Planning Commission recommended approval of this request by a 6-0 vote.


This property was annexed into the city limits on March 5, 2013 after two public hearings for comment for/or against annexation and introduction and approval of an ordinance and a service plan for the area.

General Information

Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant, undeveloped property Surrounding Zoning/Land Use:

North: CG Multi-family dwelling units West: Un-zoned Undeveloped, property in county South: RS-1 single-family residences, vacant property East: RS-1 School & single-family residences

Thoroughfares/Streets: Mills Pass Drive and the proposed extension

of Autumwood Trail are defined as "Local Streets" and are designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.

Zoning History: Newly annexed property is zoned Ranch &

Estate by default as called for in Section 303.A of the Zoning Ordinance. This property has no previous zoning history.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance

Development Standards: Section 501 of the Zoning Ordinance

covers general development standards for the property.

Minimum Lot Area – 5,000 sq ft Minimum Lot Dimensions – 50x100 Minimum Front Yard – 25 ft Minimum Side Yard – 5 ft Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 0.4 (40%) Maximum Height – 35 ft Vision Plan Map: Neighborhood Comp Plan Excerpts: “Create new physical connections to

neighborhoods lined with transitional and intermediate uses."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”

"Variety of residential product types -multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools."

Special Information

Traffic Concerns: Changing the zoning from a very low density residential zone requiring one acre lots to a zoning classification that allows for lots that are 5,000 square feet will certainly increase density and traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased density.

Parking Requirements: Section 511 of the Zoning Ordinance

covers parking improvement standards and amounts. One and two family dwellings require 2 off-street parking spaces per dwelling unit.

Parking Provided: The property is undeveloped at this time,

parking spaces will be required to be provided as housing units are constructed.

Density: This general area is of low density

residential and vast acreages of undeveloped property.



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.







The staff recommendation is based upon the statements listed below. Staff finds this request for zone change to be consistent with the plans and policies adopted by the city and finds that this request will be consistent with the zoning ordinance as well. The goal of the Comprehensive Plan is to grown the community in a sustainable way providing opportunities for growth both now and in the future; this area is buffered from the highly trafficked Sherwood Way (US Highway 67) and offers potential residents quick access to the core of the city or access to the loop. Low density, Single-Family detached neighborhood development shouldn't necessarily occur right along a major thoroughfare, but quick access to them is certainly ideal. staff finds this isolated area is safe and practical for this type of development and will be consistent with the Comprehensive Plan for this area of the community. In addition, this zone change request is consistent with zoning in the nearby area and will also aid in the steady predictable patterns of growth present already within this portion of the community; the Zoning Ordinance is in place to ensure consistent predictable growth across all segments of the community, both now and in the future.

Staff has found this request to be compatible with the surrounding area. This area is one that is certainly growing; the current trend and envisioned growth of this area is as "neighborhood." The proposed subdivision establishing single-family home sites is consistent with the anticipated growth of the area and development patterns the area currently sees. A nearby school will provide a walkable opportunity for families with children who locate in the area. Walkable, safe, pedestrian oriented neighborhoods is a goal of the city Comprehensive Plan and this request for RS-1 zoning is certainly along those lines. RS-1 lots are substantially smaller in size than the 1 or more acre lots that are required with R&E zoning; as a result, the smaller lot sizes will allow for greater density in the area and as a result, a much higher potential for walkability. This request is consistent with the Vision Plan map of the area and as such, no amendments to the Comprehensive Plan will be necessary for this request to be approved. In addition, staff does anticipate some effect on the natural environment will occur when development takes place. Given the undeveloped natural status of the site now, any future development will have some impact on the environment. R&E zoning has the least amount of impact on a property, however RS-1 is also a very low impact type of zoning when compared to other more dense residential zoning categories and commercial designations. This isolated location from the highway will provide a quiet area for the future development of home sites, staff does not anticipate any adverse impacts from this zone change and subsequent proposed development. The community has been growing slowly, but in a steady fashion for the past decade. With recent technological advancements in the extraction of natural resources in the area, there is certainly a demand in the community for more housing opportunities to house individuals and families working in this field. One component of this demand for housing options is single-family residences, however it should also be noted townhomes, duplexes, patio homes, and apartments are also choices that are viable within a neighborhood envisioned area of the Vision Plan and also have the ability to fill this demand. Given the current development patterns of this area, staff find that RS-1 zoning is appropriate here and will help to fill a community need while ensuring the development patterns remain consistent. This area has access to thoroughfares capable of carrying future residents to and from home; the area is also located within a few miles of numerous retailing opportunities that will help future residents meet their daily needs within a reasonable distance from home. This close proximity to commercial uses may also provide these retailers and businesses a steady potential employment base as well as customer base as the area continues to grow. Staff had found this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change for all the reasons mentioned within the report.

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 Planning Commission; citizen responses; and draft ordinance.

Presentation: AJ Fawver, Interim Director of Development Services

C. Z 13-10: Mills Development Inc A request for approval of a zone change from Ranch & Estate (R&E) to Single-

Family Residential (RS-1) to specifically allow for household living as defined in Section 313.B of the Zoning Ordinance on the following property:

An unaddressed tract occupying 8.895 acres of the Deaf & Dumb Asylum Survey

Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo.

Jeff Hintz, Planner, came forward to present this case, consistent with the staff recommendation of approval. Ten notifications were sent out, with 1 returned in favor and 1 returned in opposition. Mr. Hintz gave some background to the area, noting the activity in the area since the 2009 aerials were taken. The Vision Plan map calls for a "Neighborhood" designation for this location. The property is currently undeveloped and bordered with a large residential neighborhood, which this is intended to be an extension of. The intensity of RS-1 is low and compatible with the immediate area. Placing housing in a walkable area close to a school and commercial activities is consistent with the Comprehensive Plan. No one came forward to speak on this item. Motion, to approve as presented, was made by Ryan Smith and seconded by Bill Wynne. The motion passed unanimously, 6-0.


RE: Z 13-10: Mills Development INC





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 occupying 8.895 acres of the Deaf & Dumb Asylum Survey Number Two, Abstract 8211. This property was annexed into the City Limits on March 5, 2013 and is directly west from Mills Pass Drive along a proposed extension of Autumwood Trail. This property specifically occupies a proposed subdivision titled, Prestonwood Addition, Section Two, Block 6, Lots 1-18 and Prestonwood Addition, Section Two, Block 7, Lots 1-16 in southwest San Angelo shall henceforth be permanently zoned as follows: Single-Family Residential (RS-1) District.










____________________________________

Alvin New, Mayor

ATTEST:



City of San Angelo



From: Morgan Trainer, Budget Manager

Subject: Agenda Item for 11-6-12 Council Meeting

Contact: Michael Dane, 657-4241

Caption: Regular Item

Discussion and consideration of the possibility of issuing rebates of Water Fees and any action related thereto.

Summary: Staff will present the Water Operations Fund Balance at relevant dates in an effort to provide Council with the information necessary to form an opinion.

The fund balance in this fund is not at a level where staff would recommend a rebate. Details will be presented.

History: There have been two occasions when this fund balance exceeded ninety days expenditures and Council decided to use that excess. On one occasion the base fees were changed to zero for two months, and on the other the excess was transferred to a capital projects fund to assist with capital improvements.

Financial Impact: Reduction in fund balance – depending on the amount

Related Vision Item

(if applicable):

Financial Vision


Staff recommends no action at this time.

Attachments: N/A

Presentation: Powerpoint

Publication: No


Michael Dane

Approved by Legal: N/A

City of San Angelo

Memo Date:

April 4, 2013

To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for April 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion and update on current water supply and any action in

connection thereto. Summary: The City’s Water Conservation Plan establishes criteria for management of the municipal water supply sources. Trigger points based upon of available water supply are set in the plan to define various drought levels. On April 2nd of 2013, the current water supply was at 18.6 months. If the city does not receive any significant rain fall it is anticipated that the criteria for entering Water Supply Stage, Drought Level II will be met in May of this year. History: The City’s Water Conservation/Drought Contingency Plan establishes practices the City will pursue to encourage the wise use of water. The drought management portion of the plan provides criteria that will be implemented to reduce water usage during a water supply shortage. Financial Impact: Under Drought Level II, usage surcharges are assessed on all water customers.

Other Information/Recommendation: Implementation of Drought Level II is dependent upon

reaching the water supply trigger point for entering the stage and adoption of a Resolution by the Council.

It is recommended the Council adopt the Resolution implementing Drought Level II when the

available supply is less than 18 months. Attachments: Ordinance Presentation: None.

Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 4, 2013

City of San Angelo

Memo Date:

April 9, 2013

To: Mayor and Councilmembers From: Ricky Dickson, Water Utilities Director Subject: Agenda Item for April 16, 2013 Council Meeting Contact: Ricky Dickson, Water Utilities Director, 657-4209 Caption: Discussion of late fees associated with delinquent water utility statements. Summary: The City’s Code of Ordinance states:

Sec. 8.700 Water Billing Charges

(a) Delinquent Accounts; Other Charges.

(1) Any water utilities bill not paid within twenty-eight (28) days after the billing date shall be deemed delinquent and a late charge of twenty-five dollars ($25.00) shall be added to the account for the expense of handling the delinquent account. (Sec. 2, Ordinance adopted 2/3/09)

(2) Any customer whose water service has been discontinued due to a delinquency, shall be required to pay the accrued bill, the twenty-five dollars ($25.00) late charge, plus a reconnect charge of thirty dollars ($30.00), before water service will be reactivated for the account.

(3) A charge will be added to a customer’s account for each returned check as provided in Article 1.800, Section 1.801 and Appendix A, Article 10.000, Section 10.100 hereof.

History: The City Council adopted the current ordinance that establishes the $25.00 late fee on February 3, 2009 by a 6 to 1 vote. Financial Impact: Approximate revenue generated by late fees: 2011-2012 $1,499,000.00 2012-2013 $ 711,000.00 YTD Approximate revenue generated by reconnect fees: 2011-2012 $75,330.00 2012-2013 $19,645.00 YTD

Other Information/Recommendation: None

Attachments: None Presentation: None.

Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, April 9, 2013

City of San Angelo



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for 4/16/13 Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

Update and presentation on Boards and Commissions regarding attendance, meeting quorum issues, related matters, and any action in connection thereto

Summary: Boards and commissions are important in that they enable citizens to participate in San Angelo’s government processes. Their activities help shape and influence public policy, because they lend a more diverse viewpoint for the City Council to consider. The City of San Angelo has approximately 17 boards.

On April 2, 2013, Councilmember Hirschfeld requested an update from staff regarding the member’s attendance, specifically due to recent cancelations as a result of the lack of a quorum.

History: City Council began the process of reviewing, consolidating, and reducing the number of members on the various boards in January 2008. To date, the number of boards has been reduced from 21 to 17. The City has an additional 2 boards which are composed of staff and council appointees (Investment Oversight and Audit Committee) or Council Representatives on other external entities (TGC Appraisal District, Concho River Water Master, MPO, MHMR, and others-see attached listing).

Financial Impact:

Related Vision Item

(if applicable):


Staff seeks direction from City Council.

Attachments: Executive Summary, Attendance Rosters 2012 and 2013, and Council Representative Board Listing

Presentation: Alicia Ramirez and related board liaisons

Publication: No


Daniel Valenzuela, City Manager

Approved by Legal: N/A

City of San Angelo - Boards and CommissionsAirport Advisory Board Code Reference: Ch. 2, Art. 2.2500

MembershipRqmt: All members shall be residents of the City of San Angelo.

NOTES:

Board Liaison: Luis Elguezabal Email:

Meeting Date: Time:

Location:

Authorized # of Members: Term Length:Term Limit:

AirportDepartment [email protected] Number: 659-6409

Called

Council Chambers

7 4unlimited

Alternate Member Appointed/Resigned Term # Term Expires

Elizabeth Grindstaff 02/05/2013 1 October 20131 .

David Herbert 9/22/2009 3 October 20132 .

Fred Key 02/05/2013 4 October 20163 .

Patrick Nuytten 10/21/2008 1 October 20124 .

Bob Post 9/22/2009 5 October 20135 .

Charles Powell 02/05/2013 5 October 20166 .

Sonny Sanders 02/05/2013 5 October 20167 .

Tuesday, April 09, 2013 Page 1 of 29

City of San Angelo - Boards and CommissionsAnimal Shelter Advisory Committee Code Reference: Ch. 2, Art. 2.3800 / VTSC HEALTH AND SAFETY CODE CHAPTER 823. ANIMAL

SHELTERS

MembershipRqmt: At least one member of the board shall be a licensed veterinarian; (2) one member shall own, operate or otherwise be employed by or in a business related to the production, sale, distribution or care of animals or livestock; (3) two members shall represent a nonprofit animal interest group or groups whose membership is comprised primarily of citizens of the City of San Angelo and whose primary interest is the health and welfare of animals; and, (4) the Director of Health for the City of San Angelo and the Director of Animal Services shall be appointed to the Board as permanent members; and, (5) the remaining three members of the board shall be residents of the City of San Angelo and need not have any other affiliation, membership or association. INDIVIDUAL MEMBER'S REQUIRED FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES:

Board Liaison: Julie Vrana Email:

Meeting Date: Time:

Location:


Animal ServicesDepartment [email protected] Number: 657-4224

3rd Thursday 12:00 PM

Council Chambers

7 22


Rita Colburn (citizen) 01/03/2012 1 January 20141 .

Faye Doepp (citizen) 3/1/2011 2 January 20132 .

Tom Maurer (Animal Welfare) 02/05/2013 2 January 20153 .

Lacy Morton 2/21/2012 1 January 20144 .

John Russell (Vet) 01/17/2012 2 January 20145 .

Ryan Smith (Animal Welfare) 03/05/2013 1 January 20156 . 3/27/2013

Mary White (Vet) 02/05/2013 2 January 20157 .


City of San Angelo - Boards and CommissionsCivic Events Board Code Reference: Ch. 2, Art. 2.2200; Amended 11/3/09 Council meeting.

MembershipRqmt: All members shall be twenty one (21) years of age or over and shall be residents of the City of San Angelo.

NOTES: 1/8/08 Council voted to change the total membership composition from 9 to 7 members. Those positions on a rotational schedule will expire at the end of the member's term.

Board Liaison: Angelica Pena Email:

Meeting Date: Time:

Location:


Civic EventsDepartment [email protected] Number: 653-9577

Last Thursday 12:00 PM

Council Chambers

7 32


Robert Banskter, Sr. 11/01/2011 2 October 20141 .

Timothy Condon 03/05/2013 1 October 20132 .

Sandy Fields 01/17/2012 1 January 20143 .

Courtney Mahaffey 4/3/2012 Unexp October 20144 .

Gray Mundell 11/15/2011 1 October 20145 .

Mark Stevenson 10/05/2010 1 October 20136 .

Scott Zaruba 11/15/2011 1 October 20147 .


City of San Angelo - Boards and CommissionsCivil Service Commission Code Reference: Ch. 2, Art. 2.2401; Ch.143 Local Gov't Code

MembershipRqmt: City Manager appointed, City Council confirmed. All such commissioners shall be of good moral character and resident citizens of the city, shall have resided in the city for a period of more than three (3) years; shall be over the age of twenty five (25) years, and shall not have held any public office within the preceding three (3) years.

NOTES: 3 term limit unless a 4th term is approved by 2/3 majority vote

Board Liaison: Lisa Marley Email:

Meeting Date: Time:

Location:


Human ResourcesDepartment [email protected] Number: 657-4221

Called

Council Chambers

3 33+ w 2/3 vote


Rhea Cooke 04/17/2012 1 January 20141 .

Raul Lopez 6/15/2010 6 January 20132 .

Teresa Special 7/19/2011 1 January 20143 .


City of San Angelo - Boards and CommissionsConstruction Board of Adj & Appeals Code Reference: Ch. 4, Art 4.100; Sec. 4.102; Pursuant to Sec. 108.1 Intn'l Bldg Code

MembershipRqmt: One architect/engineer, one commercial building contractor, one residential building contractor, one electrical contractor, one plumber, one mechanical contractor, one realtor/real estate inspector/real estate appraiser (member at large from the building industry), one homeowner (member at large from the public), and one commercial business owner. INDIVIDUAL MEMBER'S REQUIRED FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES: 1/8/08 Council voted to change the additional memberships be aproved at large by the entire Council.

Board Liaison: Al Torres Email:

Meeting Date: Time:

Location:


Inspections & PermitsDepartment [email protected] Number: 657-4420

1st Thursday 3:00 PM

Council Chambers

9 22


Roland Allen (Realtor) 4/3/2012 2 February 20141 .

Debbie Clark (Electrical) 03/01/2011 2 February 20132 .

Randy Crooks (Comm.Cntr) 03/01/2011 2 February 20133 .

Casey Deering (Resd.Cntr) 02/05/2013 1 February 20154 .

Gary Donaldson (Architect) 11/01/2011 2 February 20135 .

Bill Feist (Comm.Bus.) 2/7/2012 1 February 20146 .

Pablo Florez (Plumber) 02/05/2013 2 February 20147 .

Billy Huffman (Mechanical) 02/05/2013 2 February 20158 .

Marty Self (Resd.Rep) 2/7/2012 2 February 20149 .


City of San Angelo - Boards and CommissionsDesign & Historic Review Commission Code Reference: Ch. 2, Art 2.2800

MembershipRqmt: 1. at least two (2) members' shall be licensed or otherwise recognized as professional in architecture, landscape architecture, design, engineering, surveying, or related profession; and, 2. at least one (1) member shall be recognized as a historian or a member of a local historic preservation group; and, .3. at least one (1) member shall be an owner of real property within the River Corridor; and, 4. at least one (1) member shall own real property designated or recognized as a community landmark, or within a designated historic district; and, 5. at least two (2) members shall be members of the Board of Directors of Downtown San Angelo, Inc.

NOTES: Adoption 9/4/12

Board Liaison: AJ Fawver Email:

Meeting Date: Time:

Location:


PlanningDepartment [email protected] Number: 657-4210

TBA

Council Chambers

7 22


LeeAnn Bailey 10/16/2012 1 September 20131 .

William J. Carter (retiree) 9/18/2012 1 September 20142 .

Gary Donaldson (Architect) 9/18/2012 1 September 20143 .

Margaret Mallard 9 /18/2012 1 September 20134 .

David Mazur 10/16/2012 1 September 20135 .

Hal Noelke (Attorney) 9/18/2012 1 September 20146 .

Benjamin Villarreal (Business) 9/18/2012 1 September 20147 .


City of San Angelo - Boards and CommissionsDevelopment Corporation Code Reference: Ch. 2, Art. 2.3600; Vern. Ann. Civ. St. Art. 5190.6; Amended 7/17/07

MembershipRqmt: Each member of the board of directors (Board hereinafter) of the Corporation shall: (1) Be appointed by a majority vote of the City Council; (2) Serve a two year term of office; (3) Be a resident of the City of San Angelo. (b) A director may be removed from office by a majority vote of the City Council at any time without cause. (c) No person shall be appointed as a director who is an employee, officer or member of the City Council, of the City of San Angelo, or a member of any board or commission of the City of San Angelo. A director who is a member of any other boards or commissions of the City of San Angelo shall elect the board on which he will continue to serve within fourteen (14) days of the effective date of this ordinance. If he fails to designate the board on which he will continue to serve within the specified time period, the City Council shall make the designation.

NOTES:

Board Liaison: Bob Schneeman Email:

Meeting Date: Time:

Location:


Community & Economic Development

Department [email protected] Number: 657-4384

2nd and 4th Wednesdays 8:30 AM

Council Chambers

7 2unlimited


John Bariou, Jr. 03/05/2013 2 February 20151 .

Randy Brooks 02/21/2013 2 February 20152 .

Chris Cornell 02/21/2013 2 February 20153 .

Pedro Ramirez 02/21/2013 1 September 20154 .

Scott Tankersley 02/21/2013 2 February 20155 .

Larry Teague 02/21/2013 8 February 20156 .

Tony Villarreal 02/21/2013 2 February 20157 .


City of San Angelo - Boards and CommissionsDowntown Development Commission Code Reference: Ch. 12, Art. 12.1000;

MembershipRqmt: Board shall be composed of seven (7) members who are stakeholders or have an active interest in the Downtown Development Commission. The members shall be appointed as follows: 1.) One (1) shall be a board member of the San Angelo Health Foundation. All members shall be a qualified voter of the City of San Angelo. No commercial or non-profit organization shall have more than one representative on the Downtown Development Commission.

NOTES: Adopted 10/5/10

Board Liaison: Daniel Valenzuela Email:

Meeting Date: Time:

Location:


City ManagerDepartment [email protected] Number: 657-4241

TBD

Council Chambers

7 23


Gary Cox 2/7/2012 2 February 20141 .

Jim Cummings 02/01/2011 1 February 20132 .

Lisa Eady 02/01/2011 1 February 20133 .

Tim Edwards 8/2/2011 xpired (H February 20134 .

John Fuentes 02/01/2011 1 February 20135 .

Sharon Rainey Alexander 2/7/2012 2 February 20146 .

Jim Raymond 2/7/2012 2 February 20147 .


City of San Angelo - Boards and CommissionsFairmount Cemetery Board Code Reference: See Notes

MembershipRqmt: Self-perpetuating

NOTES: Per Fairmount Cemetery Board Minutes: In June 1930, the San Angelo Cemetery Association deeded its real propertry to the city, and conveyed its securities and notes to the presidents of four banks in SA and their successors in trust. The c ity was to own the land, to be placed under the supervision of the Park Commission, which had authority to delegate its duties to a duly constituted and apointed committee. The Park Commission delegated care of Fairmount to the existing board: Mrs. C.A. Broome, president, and to their successors. The self-perpetuating board has functioned without pay ever since.

Board Liaison: Oscar Mota Email:

Meeting Date: Time:

Location:


Fairmount CemeteryDepartment [email protected] Number: 655-9475

3rd Wednesday 9:30 AM

1120 W. Avenue N.

14 0unlimited


Carolyn Cargile 1/1/2001 1 01 .

Donna Crisp 12/6/2002 1 02 .

Christelle Holt 1/1/2001 0 03 .

Eva Horton 12/19/2006 14 .

Katie Johnson 1/16/2008 1 0 05 .

Jean Johnson 1/21/1998 1 06 .

Mary Manitzas 4/1/2009 1 07 .

Jackie Martin 1/16/2008 1 0 08 .

Caroline O'Conner 1/16/2008 1 0 09 .

Susan Pfluger 9/18/1996 1 010 .

Bitsy Stone 10/16/2000 1 011 .

Beverly Stribling 12/12/2002 1 012 .

Ann West 02/16/2010 1 013 .

Susan Willialms 01/12/2011 1 014 .


City of San Angelo - Boards and CommissionsFort Concho Museum Board Code Reference: Ch. 2, Art. 2.2300

MembershipRqmt: All members shall be residents of the City of San Angelo. Vacancies on the board, whether by expiration of term or for other reason, shall be filled by the City Council upon recommendation by the remaining board members (NOMINATION COMMITTEE), provided that the City Council can reject any nomination and request additional nominations for any reason. INDIVIDUAL MEMBER'S FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES: 1 standing position from GAFB

Board Liaison: Bob Bluthardt Email:

Meeting Date: Time:

Location:


Ft Concho MuseumDepartment [email protected] Number: 481-2646

3rd Tuesday 3:30 PM

Officer's Quarters #8, 630 S. Oakes

15 32


Robert Aguilar, Jr. 01/17/2012 1 January 20141 .

Devon Blake 8/21/2012 1 Open2 .

Denise Bloomquist 02/05/2013 2 January 20163 .

Kimberly Busby 03/01/2011 1 January 20134 .

James Dusek 11/20/2012 1 January 20165 .

Andrew Graves 02/15/2011 2 January 20146 .

Dana Gray 01/17/2012 2 January 20157 .

Stephanie Harris 05/03/2011 1 January 20148 .

Clara Harvey 3/8/2010 1 January 20139 .

Ken Heineman 03/22/2011 1 January 201410 .

Mark Priest 02/05/2013 2 January 201611 .

Robert Rainey 02/07/2012 1 January 201512 .

Paul Stanley 11/20/2012 1 January 201613 .

Greg Stephens 02/07/2012 2 January 201514 .

Harry Thomas 02/02/2010 1 January 201315 .


City of San Angelo - Boards and CommissionsPark & Recreation Advisory Board Code Reference: Ch. 2, Art. 2.2600

MembershipRqmt: All members of the Board shall be eighteen (18) years of age or older and residents of the City of San Angelo. Advisory Board shall be composed of eight (8) members, seven (7) of whom shall be appointed by the City Council. The eighth member shall be a member of the Park Commission, nominated by the Park Commission and approved by the City Council. The appointments to the Board shall be on the basis of the nominee’s educational and professional qualifications and general knowledge of, interest in, and experience relevant to youth or adult sports, senior activities, recreation activities, other organized social activities, parks, nature or conservation

NOTES: Adopted 8/7/12 Board will be composed of 8 members, 7 appointed by City Council and 1 member of Park Commission. Qualifications based on educational & professional knowledge/experience to youth or adult sports, senior activities, recreation activities, other organized social activities, parks, nature or conservation.

Board Liaison: Carl White Email:

Meeting Date: Time:

Location:


Parks & RecreationDepartment carl.white@sanangelotexas; [email protected]

Phone Number: 657-4450

TBA

Council Chambers

8 22


Donald Barnhart 12/4/2012 1 December 20151 .

Mike Campbell 12/4/2012 1 December 20152 .

Debbie Cross 12/4/2012 1 December 20153 .

Anthony DeLaCruz 12/4/2012 1 December 20154 .

Gloria Henderson 12/4/2012 1 December 20145 .

Julia Lane 12/18/2012 1 December 20146 .

Mary Palos 12/4/2012 1 December 20147 .

Louis Perez 12/4/2012 1 December 20148 .


City of San Angelo - Boards and CommissionsPark Commission Code Reference: Charter Sec. 65

MembershipRqmt: Self-perpetuating. City Council confirmes nominations submitted by existing 2 members. Park Commission is composed of three (3) members, all resident citizens of the City of San Angelo.

NOTES:


Meeting Date: Time:

Location:


ParksDepartment [email protected] Number: 657-4279

Called

Council Chambers

3 4unlimited


Don Griffis 3/04/2010 2 January 20141 .

Julia Lane 4/7/2009 unexp January 20122 .

Bitsy Stone 09/27/2012 1 January 20153 .


City of San Angelo - Boards and CommissionsPlanning Commission Code Reference: Ch. 2, Local Gov't Code 212.006; Amended 9/21/10. | – LOCAL GOVERNMENT

CODE § 211.007 – State

MembershipRqmt: Commission shall be composed of seven (7) members, all of whom shall be representative, insofar as possible, of different businesses, professions or occupations. All members shall be residents of the city. No more than three (3) members of the commission shall be in the same, similar or related business, profession or occupation. INDIVIDUAL MEMBER'S FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES: 1/8/08 Council voted to change the total membership composition from 9 to 7 members. Those positions on a rotational schedule will expire at the end of the member's term.


Meeting Date: Time:

Location:



3rd Monday each month/ 4th 9:00 AM

Council Chambers/Zentner's Daughter

7 32


Jennifer Boggs 02/21/2012 1 January 20151 .

Joseph Grimes 03/22/2011 1 January 20142 .

Darlene Jones 12/20/2011 1 January 20143 .

William Lawrence 02/05/2013 2 January 20164 .

Valerie Priess 03/19/2013 1 January 20145 .

Ryan Smith 02/21/2013 1 January 20156 .

Bill Wynne 02/15/2011 1 January 20147 .


City of San Angelo - Boards and CommissionsPublic Art Commission Code Reference: Ch. 2, Art. 2.4200

MembershipRqmt: Board shall be composed of seven (7) members who shall be appointed by the city council. To the extent available, the city council shall appoint to the commission: (1) At least one (1) member who is a teacher or professor of art. (2) At least one (1) member who is a member of the San Angelo Cultural Affairs Council or the San Angelo Museum of Fine Arts. (3) At least one (1) member who is an artist. (4) At least one (1) member who is a landscape architect, architect, engineer, or other type of design professional. (5) There may be one (1) ex officio non-voting member who represents the Parks Department or Park commission as designated by the city council or by the city manager. INDIVIDUAL MEMBER'S FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES:


Meeting Date: Time:

Location:


ParksDepartment [email protected] Number: 657-4279

Called

Council Chambers

7 22


Esteban C. Apodaca 02/05/2013 2 April 20141 .

Alejandro Castanon 08/21/2012 1 April 20132 .

Daniel Makins 02/05/2013 2 April 20143 .

John Mattson 06/07/2011 1 April 20134 .

Hal Noelke 06/28/2011 2 April 20135 .

Sue Rainey 02/05/2013 2 April 20146 .


City of San Angelo - Boards and CommissionsTax Increment Reinvestment Zone Code Reference: Ch. 2, Art. 2.4300; Texas Tax Code Ch 311

MembershipRqmt: All members shall be: A qualified voter of the City of San Angelo, or at least 18 years of age and own real property in the zone, whether or not the individual resides in the municipality. #1 five (5) shall be appointed by the City Council from those who own property within the zone of which four (4) shall reside within Single Member Districts (SMD) 2, 3, 4, and 5 respectively; #2 one (1) shall be appointed by the Tom Green County Commissioners from those who own property within the zone; #3 three (3) shall be appointed by the City Council from those who own businesses within the zone; #4 two (2) shall be appointed by the Tom Green County Commissioners from those who own businesses within the zone; #5 one (1) member shall be appointed by Tom Green County; #6 one (1) member shall be appointed by Goodfellow Air Force Base; #7 one (1) member shall be appointed by Angelo State University; and #8 one (1) member shall be appointed by San Angelo Independent School District.

NOTES:

Board Liaison: Bob Schneeman Email:

Meeting Date: Time:

Location:


Community & Economic Development

Department [email protected] Number: 657-4210

3rd Wednesday 12:00 PM

Council Chambers

15 23


Roger Allen 3/12/2008 1 October 20101 .

Johnny Calvert 2/7/2012 2 October 20132 .

Mike Campbell 03/25/1010 2 October 20113 .

William Dendle 03/01/2011 2 October 20124 .

Gerard Gallegos 07/22/2009 1 October 20115 .

Gary Hodges, DVK 03/22/2011 1 October 20126 .

Craig Kinney 2/7/2012 3 October 20137 .

David Mazur 2/7/2012 2 October 20138 .

Nelly Perez 2/7/2012 2 October 20139 .

Robert Pfluger 03/25/2010 2 October 201110 .

Lee Pfluger 12/16/2008 1 October 201011 .

Scott Shuttleworth 05/01/2007 2 October 012 .

VACANT SMD3 01/01/2011 1 October 201013 .

VACANT SMD5 01/01/2011 1 October 201014 .


City of San Angelo - Boards and CommissionsWater Advisory Board Code Reference: Ch. 2, Art. 2.3900

MembershipRqmt: the City Council shall appoint: 1) At least one (1) member who is an engineer, hydrologist, meteorologist or water well driller. 2) At least one (1) member who is involved in the banking, accounting or financial services industry. 3) At least one (1) member who is involved in agriculture or rural water issues. 4) At least one (1) member who is an attorney, former municipal, water district or other governmental officer, legislator, or other person who has experience in the legal issues related to water. B) The Board shall have one (1) ex-officio, non-voting member from the Chamber of Commerce. The Chamber of Commerce Board shall determine who will fill this position from their staff or its Board and shall notify the City of its selection as soon as practicable. INDIVIDUAL MEMBER'S FIELD OF EXPERTISE INDICATED IN PARENTHESIS AFTER MEMBER'S LAST NAME.

NOTES:

Board Liaison: Ricky Dickson Email:

Meeting Date: Time:

Location:


Water UtilitiesDepartment [email protected] Number: 657-4206

Called

Council Chambers

7 2unlimited


Clark Abel (WW Driller) 12/15/2009 2 September 20111 .

Stephen Brown ( 9/2/2008 3 September 20102 .

Don Butts (Frm Wdist.Ofcr) 11/17/2009 2 September 20113 .

Bradford Fly (Financial Bus) 10/06/2009 2 September 20114 .

Russell Gully 10/7/2008 1 Sepember 20105 .

Johnny Oswald (Ag/Rural) 02/05/2013 3 September 20146 .

Joe Spano 02/05/2013 1 September 20147 .

Phil Neighbors (non-voting) 1 September 08 .


City of San Angelo - Boards and CommissionsZoning Board of Adjustment Code Reference: Ch. 2, Art. 2.3200, Local Gov't Code 211.008 / LOCAL GOVERNMENT CODE §

211.008 – State

MembershipRqmt: None.

NOTES: Regulation of zoning ordinances in relation to variances. Decisions are firm, but maybe appealed to County Clerk. Board may hear and decide an appeal that alleges error in an order, requirement, decision or determination; special exceptions to terms of zoning ordinance; authorize specific cases subject to appropriate conditions and/or variances. NOTE: 2/5/08 Council voted to change the total membership composition from 5 + 4 alternates to 5 + 2 alternate members. Those positions on a rotational schedule will expire at the end of the member's term. Vacancies will rotate to an alternate position so that all SMDs are represented within the 5 members.


Meeting Date: Time:

Location:



1st Monday 1:30 PM

Council Chambers

5 +2alt 23


Frank Berthold 03/01/2011 3 January 20131 . 01/31/2013

Theaha McClendon 4/5/2011 1 January 20132 .

Jimmy Mitchell 03/17/2009 1 January 20113 .

David Nowlin 4/3/2012 2 January 20144 .

John D. Rowland 4/3/2012 2 January 20145 .

Chuck Shore 4/3/2012 2 January 20146 .

Roy Mills 05/06/2008 1 January 20107 .


Revised 3/19/13

COUNCIL REPRESENTATIVES ON VARIOUS BOARDS AND COMMITTEES

1. AUDIT COMMITTEE (est. 2/19/08)

Charlotte Farmer (appointed 6/1/10)

2. COLORADO RIVER MUNICIPAL WATER DISTRICT (2yr term)

Tom Massey (appointed 5/6/03 for a term to 5/31/05, 6/19/07, 4/07/09)

3. CONCHO RIVER WATER MASTER ADVISORY COMMITTEE

Alvin New (appointed 5/18/10) Paul Alexander (appointed 5/18/10)

4. CONCHO VALLEY COUNCIL OF GOVERNMENTS

Contact: Tracy Ogle, CVCOG, 2801 W. Loop 306, Ste. A, 76904, 944-9666

a. Executive Committee - Meetings: Second Wednesday, 7:00 PM, CVCOG facility

Alvin New (appointed 1/19/10)

b. General Assembly - Meetings: Annually in December

Johnny Silvas (appointed 3/19/13) Charlotte Farmer (appointed 6/23/09)

5. CONCHO VALLEY TRANSIT DISTRICT (2 year appointment)

Contact: Becca Dominguez, Administrative Assistant / Sean Scott, Director 947-8729

Paul Alexander (appointed 6/1/10) Johnny Silvas (appointed 9/2/08) Charlotte Farmer (appointed 2/21/13)

6. FIREMAN’S RELIEF & RETIREMENT FUND

Chief Brian Dunn for Mayor

7. HOWARD COLLEGE FOUNDATION / Contact: Mary Wallace, Administrative Assistant 481-8300 x221

Dwain Morrison, Ex. Officio (appointed ___________)*Foundation approached SMD Rep to serve on board

8. INVESTMENT OVERSIGHT COMMITTEE

Kendall Hirschfeld (appointed 6/1/10) Alvin New (appointed 6/1/10)

9. MAYOR PRO-TEM

Johnny Silvas (appointed 5/22/12)

10. MHMR SERVICES FOR THE CONCHO VALLEY / Contact: Annette Hernandez, 658-7750 x 346 - Meets once a year in Sept/Oct to nominate members to the Board of Directors

Dwain Morrison (reappointed in 10/18/05)

11. PORTS-TO-PLAINS


12. RECORDS MANAGEMENT COMMITTEE

Fredd Adams (appointed 6/1/10)

13. RIO CONCHO MULTI SPORTS COMPLEX DESIGN REVIEW COMMITTEE & CONCHO RIVER PROJECT DESIGN REVIEW COMMITTEE


14. WEST TEXAS TRAINING CENTER ADVISORY BOARD

Johnny Silvas (appointed 9/2/08)

1/8/08 Initial discussion: B&C member composition, appointment, and selection process Action: Member composition changed for:

• Civic Events Board (Ord 11/3/09) • Historic Preservation • Planning Commission (Ord 9/21/10) • River Corridor Commission (Ord 11/9/09) PENDING ACTION TO DATE: Since this action, HPC and RC will be combined and renamed as Planning & Design Commission. Staff working with Legal and will soon be submitted for approval.

2/5/08 Action: Member composition changed for:

• Zoning Board of Adjustment PENDING ACTION TO DATE: Ordinance revision

8/19/08 Board composition reduced from 9 to 7 members for:

• Recreation (Ord 11/3/09)

• Senior (Ord 11/3/09) PENDING ACTION TO DATE: None.

3/8/10 Established and adopted the work session criteria related to joint meetings between the

City Council and boards and commissions PENDING ACTION TO DATE: Joint meetings have not occurred. 10/19/10 Direction to reformulate an appointment structure, including:

• Vetting process

• Appointment as an individual or as a governmental body

• Board member terms

• Orientation PENDING ACTION TO DATE: See below.

3/1/11 Direction to staff:

• Coincide Board member terms with City Council terms o UPDATE: Adopted Resolution establishing a uniform policy for the City of

San Angelo’s boards and commissions (Page 817, #2012-09-140) o Policy allows newly elected council members the opportunity to review the

various board and commission appointments authorized to represent the district on behalf of the council member.

• Formal New board member orientation procedure

• Recruitment Advisory Committee

• Board Consolidation (see 3/22/11) PENDING ACTION TO DATE: City Attorney currently formulating a Good Government Handbook. No action on terms or recruitment committee.

Executive Summary: Staff continues to work on the changes as directed by Council on 3/22/11 (see section below). Since that discussion, no interest has been expressed by the CVB or Civic Event board to consolidate. To date, joint meetings have not been held based on the pending consolidations of the various proposed boards. LAST DIRECTION GIVEN TO STAFF: 3/22/11

• Parks and Recreation Commission will include the Parks Commission and Recreation Advisory Board. Senior Advisory will remain a separate board. o Staff has presented another recommendation to include Senior Advisory due to

the pending vacancies and direction of the department. Council in agreement. o Staff continues to research the Park Commission matter in relation to the deed

restrictions. The consolidation may not include this board. PENDING ACTION TO DATE: Staff working with Legal and will soon be submitted for approval. See July 2012 update.

• Planning and Design Commission will include the Planning Commission, River Corridor, Historic Preservation, and Public Art Commission. PENDING ACTION TO DATE: Staff working with Legal and will soon be submitted for approval. See September 2012 update.

• Civic Events and Visitors Commission. Council approved the concept; however, the consolidation will require further discussion and coordination between the Chamber of Commerce, Convention and Visitors Bureau Board, and the Civic Events Board. PENDING ACTION TO DATE: No action.

• Keep San Angelo Beautiful. Council approved the concept to model the Keep America Beautiful organization and formulate the board as a non-profit organization. PENDING ACTION TO DATE: Board 501(c) status effective ?? . Board voted to disband as a City of San Angelo board effective March 26, 2013.

• Hotel Occupancy Tax Oversight Board: Council suggested coinciding or partnering this function with an existing board, possibly the Audit and/or Investment Oversight Committee with the City Council as the final authority. PENDING ACTION TO DATE: No action.

July 17, 2012

• Parks and Recreation Advisory Board will include one member from the Parks Commission, and consolidation of the Recreation Advisory, and Senior Advisory Boards. o Legal Staff researched the Park Commission matter in relation to the deed

restrictions. The un-codified ordinances enacting the Park Commission will remain but the oversight and advisory capacity of the Park Commission is limited to the Santa Fe Parks as stipulated in the original Santa Fe Park deeds.

UPDATE: Coinciding terms with elected official’s term. City Council reviewed and approved the Ordinance August 7, 2012.

September 2012

• Planning Commission and Public Art Commission will remain as separate boards. River Corridor and Historic Preservation consolidated September 2012.