City Council December 20, 2011 Agenda Packet

City Council Agenda Page 1 of 5 December 20, 2011

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, December 20, 2011

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

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

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Recognitions

“2011 Sports Complex of the Year”, by the Texas Turfgrass Association at the Annual Winter Conference and Awards to be accepted by Parks Employees: Roger Havlak, Parks Superintendent, Mike Hitchcock, Deputy Superintendent), Sean Nelsen, Sports Field Coordinator, Stephen Conley, Irrigation Supervisor, Ben Wilha, Senior Irrigation Technician, Jason Campbell, Texas Bank Sports Complex Crew Leader, Gilbert Pedroza, Senior Maintenance Worker, Sean McCallum, Senior Maintenance Worker, Henry Rodriquez, Maintenance Worker, Marcus Hinojosa, Maintenance Worker, and Marvin Williams, Maintenance Worker

“2011 George C. Askew Award” for the “The Lake Nasworthy Parks Plan,” by the American Academy of Certified Public Managers, to be accepted by Carl White, Parks and Recreation Director, and Anthony Wilson, Civic Events Manager

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 December 6, 2011 City Council Regular meeting minutes

2. Consideration of awarding bid WU-15-11 for Sodium Hypochlorite to Altivia Corporation (Houston, TX) in the amount of $62,060.00 and authorizing the City Manager or his designee to execute any necessary related documents


3. Consideration of awarding bid PRO-03-11 for the sale of property Fire Station #7 to Richard Salmon (San Angelo, TX), in the amount of $136,600.00 and authorizing the City Manager to execute a real estate contact of sale and any necessary related documents

4. Consideration of adopting Resolutions authorizing the Mayor to execute Tax Deeds for the sale of Tax Lots:

a. 1142 E 26th Street, (Duran), Lot 11, Block ‘J’, Bradford Annex Addition, $1,700, Suit No. B-05-0194-T b. 1011 E 22nd Street, (Duran), Lot 5 & W ½ of Lot 6, Block 25, Exall Addition, $1,800, Suit No. B-

030094-T c. 802 E 22nd Street, (Duran), Lot 15 & 16, Block 28, Exall Addition, $3,000, Suit No. C-08-0030-T d. Near 2321 Juanita Avenue, (Duran) Lot 9, Block 17, Forest Park Addition, $1,800, Suit No. TAX90-

0412B e. Near 2321 Juanita Avenue (2), (Duran) Lot 10, Block 17, Forest Park Addition, $1,900, Suit No. B-06-

0145-T f. 2508 Lindell Avenue, (Duran), Lot 3, Block 32, Forest Park Addition, $1,600, Suit No. B-06-0211-T

5. Consideration of authorizing the City Manager or his designee to execute Task Order No. 18, and all related documents, between the City of San Angelo and KSA Engineers for architectural/engineering services associated with the airport layout plan (ALP) update in the amount of $161,998.00 at San Angelo Regional Airport

6. Consideration of approving a Mutual Aid Agreement between the City of San Angelo and the Concho Valley Regional Advisory Council (CVRAC), authorizing sharing of the costs of WebEOC, a web based communications software, that allows for secure, real-time access to emergency response information and communications, and authorizing the City Manager to execute said agreement

7. Second Hearing and consideration of adoption of an Ordinance of the City of San Angelo, Texas, providing for the annexation of territory generally described to be approximately 1310 total acres located northeast of the existing city’s corporate limits, composed of the following: 128 acres out of J. Fenner survey 1, 77 acres out of bullock survey 10, 329 acres out of Mrs. Julia A. Egglestone survey 2, 29 acres out of J. Pointevent Survey 1113, 653 acres out of Washington County Railroad Co. surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas, being within the extra territorial jurisdiction of the city and adjacent and contiguous to the present corporate limits of the City of San Angelo; finding that all necessary and legally required conditions have been satisfied; describing the territory annexed and extending the corporate limits of the City of San Angelo, Texas to include the annexed territory; providing a service plan therefore; obligating the property situated therein to bear its pro-rata part of taxes levied; providing rights and privileges as well as duties and responsibilities of inhabitants and owners of said territory; providing a severability clause and providing an effective date

Consideration and possible approval of a recommendation by the Tax Increment Reinvestment Zone Board (TIRZ) to purchase a total of 30 trash receptacles for the Downtown area in conjunction with Downtown San Angelo, Inc. the total expenditure by TIRZ being $17,995.00

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 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

Addendum


G. PUBLIC HEARING AND COMMENT

8. Presentation and update on the Downtown San Angelo Main Street Program

(Presentation by DSA Executive Director Genora Young and DSA President Brenda Gunter)

9. Presentation on the Santa Fe Municipal Golf Course by Two Pro Management, including an update on improvements and programs

(Presentation by Parks and Recreation Director Carl White)

10. Update on participation and status of Employee Wellness Program

(Presentation by Human Resources and Risk Management Director Lisa Marley and Wellness Coordinator Christy Nesbitt, R.N.)

11. Consideration of the following matters related to the Early Retiree Reinsurance Program (ERRP) reimbursement funds

a. Consideration of accepting said funds b. Discussion and possible action regarding allocation for use of said funds received in the amount of

$343,287.50 and based on the 2010 health insurance claims

(Presentation by Human Resources and Risk Management Director Lisa Marley)

12. Second public hearing and consideration of adoption of an Ordinance amending the Tax Increment Reinvestment Zone

AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Community and Economic Development Director Shawn Lewis)

13. 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 11-19: Maranatha Church

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

(Presentation by Planning Manager AJ Fawver)


Z 11-20: Norman Dierschke

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning


classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY



Z 11-22: San Angelo Independent School District

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 323 Penrose Street on the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G. Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


16. First public hearing and introduction of an Ordinance amending the Downtown Development District

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.1005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE


17. First Public Hearing and consideration of introduction of an Ordinance amending established boundaries of Single Member District 4

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

(Presentation by City Clerk Alicia Ramirez)

18. Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COSADC) Board to amend the City of San Angelo Development Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and revising outdated contact information

(Presentation by Development Coordinator Robert Schneeman)

19. First public hearing and consideration of introduction of an Ordinance regarding Merchandising, Advertising, and Signs

AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Parks and Recreation Director Carl White)


20. Public hearing and consideration of adopting a Resolution declaring taxable by the City of San Angelo all goods-in-transit as covered by the Texas Property Tax Code, Section 11.253 for tax year 2012 and for every tax year thereafter

(Presentation by Budget Manager Don Maynard)

21. First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for encumbrances, restricted and dedicated moneys, incomplete projects, and grants

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS

(Presentation by Finance Director Michael Dane and Budget Manager Don Maynard)

22. Discussion and possible action on the City of San Angelo’s Noise Ordinance and related matters

(Presentation by City Attorney Lysia H. Bowling)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

23. Consideration of matters discussed in Executive/Session, if needed

24. Consideration of an offer of economic incentives to a medical device company considering locating in San Angelo including, but not limited to, a tax rebate, job creation grant, building renovation grant and lease assistance and any action in connection thereto

25. Consideration of various Board nominations by Council and designated Councilmembers:

a. Civic Events Board: Bridget Carr (SMD6) to a 1st full term October 2014 b. Planning Commission: Darlene Jones (SMD6) to an unexpired term January 2014

26. Consideration of Future Agenda Items

27. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, December 15, 2011, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

The Texas Bank Sports Complex Park’s staff received the “Sports Complex of the Year” award for 2011 from the Texas Turfgrass Association during their annual Winter Conference and Awards Banquet on December 12, 2011 in San Antonio, Texas. This is a fantastic and well-deserved award for our Texas Bank Sports Complex Park’s staff, since they were competing against all Texas Turfgrass Association members who applied for this award at high school, municipal, and collegiate levels throughout Texas. There are approximately 1,200 members within this association.

This group worked extremely hard this year and deserved to be recognized at this event. They have put in countless hours maintaining the 55 acres of irrigated turfgrass, 5 acres of infield clay, 2 concession/restroom facilities, 4 sand volleyball courts, and an adventurous community park playground. The sports complex was used extensively throughout the entire year with 41 events/tournaments. Seasonal rentals include girl’s fast pitch with 32 teams, adult softball with 180 teams, flag football with 45 teams, and little league play with 22 teams. City staff is extremely proud of these individuals and recognizes this team for their efforts at the Texas Bank Sports Complex, which is a high quality facility deserving of this award.

This group will also be recognized in the winter edition of the Texas Turfgrass Association magazine.

Team Members include:

Roger Havlak, Parks Superintendent

Mike Hitchcock, Deputy Superintendent

Sean Nelsen, Sports Field Coordinator

Stephen Conley, Irrigation Supervisor

Ben Wilha, Senior Irrigation Technician

Jason Campbell, Texas Bank Sports Complex Crew Leader

Gilbert Pedroza, Senior Maintenance Worker

Sean McCallum, Senior Maintenance Worker

Henry Rodriquez, Maintenance Worker

Marcus Hinojosa, Maintenance Worker

Marvin Williams, Maintenance Worker

“The Lake Nasworthy Parks Plan,” created by Carl White and Anthony Wilson as their Track 7 Applied Practicum Project, has won the 2011 George C. Askew award for the State of Texas! This honor is awarded by the American Academy of Certified Public Managers each year “For the utilization of management practices exemplifying the philosophy of the American Academy of Certified Public Managers in the completion of an exceptional curriculum project.” One winning project is selected from each state that operates a Certified Public Manager (CPM) program.

40 states have CPM programs and Texas is the flagship program – biggest and most robust – now with over 1100 CPM Alumni. The Askew Award is awarded to a single project within each state. Each year, Dr. Howard Balanoff, Director of the Texas Certified Public Manager Program, invites each program director to submit the best papers from their applied practicum courses. We had eleven programs in Texas in 2011 and over 70 graduates completing Track 7 projects. This year, Dr. Balanoff, presented the award at the December 12th CPM graduation ceremony at the State Capitol in Austin to Carl and Anthony. Join me in congratulating them for this outstanding achievement.

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 131 Tuesday, December 6, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a special and regular meeting at 9:00 A.M., Tuesday, December 6, 2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Cody Woodman, Senior, or Ambleside School of San Angelo and pledge was led by Delaney O'Neal, Seventh Grader, of Ambleside School of San Angelo.

PROCLAMATION

“Veterans Memorial Drive” dedication on December 7, 2011, was accepted by Darrell Elliott, Commander, VFW Post 1815.

PUBLIC COMMENT

Public comments were made by Citizen Francis Gladdin regarding the enforcement of the City’s noise ordinance. Councilmember Farmer requested the item be considered at a future meeting.

Councilmember Adams commented on the Bell Street road condition and requested an update report by staff.

SPECIAL AGENDA

PUBLIC HEARING TO RECEIVE COMMENTS FROM THE PUBLIC REGARDING PROPOSED REDISTRICTING ILLUSTRATIVE PLANS CONCERNING PROPOSED NEW BOUNDARIES FOR CITY OF SAN ANGELO COUNCILMEMBER DISTRICTS

Mayor New opened the meeting to hear public comments.

Public comments were made by:

Precinct 253 Resident Peggy Thorp regarding the changes to this precinct and commented on the negative impacts, council member representation, and voter confusion.

Tom Green County Precinct 4 Constable J.B. Hall spoke in favor of Illustrative Map 2.

DISCUSSION AND POSSIBLE ACTION TO CONSIDER AND ADJUST PROPOSED REDISTRICTING PLANS

David Mendez, Legal representation and Attorney with Bickerstaff, Health, and Delgado, presented background information and noted an additional Illustrative Plan 3 had been drafted as a result of comments made at the Public Hearing held on November 28, 2011 and several Council Member concerns.

Page 132 Minutes Vol. 103 December 6, 2011 ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPROVING THE REDISTRICTING OF THE CITY’S SINGLE-MEMBER COUNCIL DISTRICTS AND ESTABLISHING NEW DISTRICT BOUNDARY LINES BASED ON 2010 CENSUS DATA FOR SAN ANGELO CITY COUNCIL ELECTIONS; DIRECTING THE CITY’S REDISTRICTING CONSULTANT TO SUBMIT THE ADOPTED PLAN FOR PRECLEARANCE UNDER SECTION 5 OF THE FEDERAL VOTING RIGHTS ACT; AND PROVIDING FOR AN EFFECTIVE DATE (ANNEX A, PAGE 139, RESOLUTION #2011-12-125R)

Motion, to adopt the Resolution and to select Illustrative Plan 3, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

RECESS

At 10:09 A.M., Mayor New called a recess.

RECONVENE

At 10:25 A.M., Council reconvened, and the following business was transacted:

CONSENT AGENDA

APPROVAL OF THE NOVEMBER 15, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BIDS AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

VM-10-11: Two (2) Forklifts, Cisco Equipment (San Angelo, TX), $103,022.00 VM-23-11: Police Patrol Vehicles, HGAC/Dallas Dodge (Dallas, TX) #VE03-06, $429,220.00

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 16, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES (AP-01-10) ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT IN THE AMOUNT OF $354,526.00 AT SAN ANGELO REGIONAL AIRPORT

ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEED AUTHORIZING SALE OF TAX LOT(S) AT 37 W 21ST STREET, (GREEN), LOT 2, BLOCK 27, LASKER ADDITION, $2,500, SUIT NO. B-05-0070-T (ANNEX B, PAGE 141, RESOLUTION #2011-12-125R)

AUTHORIZATION FOR THE SALE OF THE PROPERTY LOCATED AT 6002 KNICKERBOCKER ROAD, GLEN MEADOWS BAPTIST CHURCH, LOT 1, GROUP, FOR THE APPRAISED VALUE OF $312,358.00 AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS

APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE DEPARTMENT OF STATE HEALTH SERVICES, HEALTH SERVICE REGION 9/10, WHEREBY IN THE EVENT OF A PUBLIC HEALTH EMERGENCY EVENT IN THE STATE OF TEXAS, LOCAL AND REGIONAL HEALTH AND MEDICAL INFRASTRUCTURE AND ASSOCIATED RESOURCES WILL BE QUICKLY COMMITTED TO PROVIDING THE NECESSARY TREATMENT AND SUPPORTING STRATEGIES TO EFFECTIVELY RESPOND TO A POTENTIAL EVOLVING EVENT OR TO SUPPORT THE RESPONSE TO AN ACTUAL EVENT, AND AUTHORIZATION FOR THE MAYOR AND/OR CITY MANAGER TO EXECUTE SAID AGREEMENT

Minutes Page 133 December 6, 2011 Vol. 103

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION BY AND BETWEEN THE CITY AS FISCAL AGENT, THE TEXAS DEPARTMENT OF TRANSPORTATION, AND THE SAN ANGELO METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE, PROVIDING FOR URBAN DISTRICT TRANSPORTATION PLANNING AND SUPERSEDING PRIOR AGREEMENTS BETWEEN THE PARTIES

APPROVAL OF A MAINTENANCE SERVICE CONTRACT FOR SAN ANGELO PUBLIC SAFETY COMMUNICATIONS IN THE AMOUNT OF $137,861.96 FOR CALENDAR YEAR 2012 BETWEEN THE CITY OF SAN ANGELO AND INTERGRAPH AUTHORIZING 24/7 TECHNICAL SUPPORT AND AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID MAINTENANCE CONTRACT AND ANY RENEWAL CONTRACT THEREAFTER PROVIDED THE COST DOES NOT INCREASE MORE THAN 4% EACH SUBSEQUENT YEAR

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING ORDINANCE #2011-09-116, PREVIOUSLY AUTHORIZED TO EXECUTE ABANDONMENT OF AN ALLEY IN FAIRVIEW ADDITION, BLOCK 50 (ANNEX C, PAGE 143, ORDINANCE #2011-12-126)

AN ORDINANCE AMENDING ORDINANCE NUMBER 2011-09-116 ADOPTED ON OCTOBER 18, 2011, THAT PROVIDES FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: A 20’ X 330’ ALLEY RIGHT-OF-WAY EXTENDING FROM NORTH ARCHER STREET TO NORTH BELL STREET IN BLOCK 50 OF THE FAIRVIEW ADDITION, RUNNING PARALLEL TO AND SOUTH OF EAST HOUSTON HARTE EXPRESSWAY IN NORTHEASTERN SAN ANGELO; AUTHORIZES THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDES FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS; BY REPEALING AND RESTATING PARAGRAPH NUMBERED 4 THEREIN WHICH PROVIDES FOR RESERVATION OF AN EASEMENT FOR SEWER UTILITY.

SECOND HEARING AND ADOPTION OF AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM 14TH STREET TO IRVING STREET, TO VETERANS MEMORIAL DRIVE (ANNEX D, PAGE 145, ORDINANCE #2011-12-127)

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH THE 14TH STREET RAMP NORTH OF 14TH STREET ON THE WEST TO ITS INTERSECTION WITH IRVING STREET ON THE EAST, FROM “RIVER DRIVE” TO “VETERANS MEMORIAL DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE

SECOND HEARING AND ADOPTION OF AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM GRAPE CREEK ROAD TO ARMSTRONG STREET, TO LAKE VIEW HEROES DRIVE (ANNEX E, PAGE 147, ORDINANCE #2011-12-128)

AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM ITS INTERSECTION WITH GRAPE CREEK ROAD ON THE WEST TO ITS INTERSECTION WITH ARMSTRONG STREET ON THE EAST, FROM “50TH STREET” TO “LAKE VIEW HEROES DRIVE”; AND, PROVIDING FOR AN EFFECTIVE DATE

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Page 134 Minutes Vol. 103 December 6, 2011

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AWARD OF BID NO. AP-04-11 FOR AIRPORT TERMINAL RECONSTRUCTION TO TEMPLETON CONSTRUCTION CO. IN THE AMOUNT OF $5,925,715.00 AND AUTHORIZATION FOR CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS

Airport Director Luis Elguezabal presented background information.

General discussion was held on the Passenger Facility Charges fund balance, Development Corporation and City budget allocation, and rejection of the add-on option.

Motion, to award bid, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

APPROVAL OF THE DEVELOPMENT OF A “HARMONY PLACE” AT FIREFIGHTER’S MEMORIAL CITY PARK TO INCLUDE THE INSTALLATION OF A SERIES OF HIGH QUALITY AND DURABLE MUSICAL INSTRUMENTS PROVIDED BY CHILDREN FOR A PEACEFUL WORLD THROUGH THEIR FUNDRAISING EFFORTS

Parks and Recreation Director Carl White and Children for a Peaceful World founder Cindy Jordan presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on fund raising, fund designation for instrument maintenance, and enhancements to the existing park.

Motion, to approve, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.

APPROVAL OF AND PUBLIC HEARING OF THE 2010 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)

Neighborhood and Family Services Director Bob Salas presented background information.

Motion, to approve, as presented, was made by Councilmember Farmer and seconded by Councilmember Hirschfeld. Motion carried unanimously.

APPROVAL OF STAFF’S RECOMMENDATIONS REGARDING THE ANIMAL SERVICES CREMATORIUM / INCINERATOR, SPECIFICALLY TO CONTINUE THE USE OF THE CITY’S LANDFILL FOR DISPOSAL OF CARCASSES AND APPROVAL TO PURCHASE THE VEHICLE NECESSARY FOR TRANSPORTATION TO THE LANDFILL

Health Services Manager Sandra Villarreal, Ron Lewis, and Julie Vrana presented background information.

General discussion was held on a methane-use incinerator for the crematorium and possibly using the methane gas at the landfill, current practice, staffing levels, and a vehicle required to transport the carcasses to landfill.

Motion, to accept staff’s recommendation, as presented, including the continued use of the landfill and the purchase of vehicle to provide transportation to the landfill, as presented, was made by Councilmember Farmer and seconded by Councilmember Morrison. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’S CORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNER SURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A. EGGLESTONE

Minutes Page 135 December 6, 2011 Vol. 103 SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OF WASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAY AND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO-RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE

Planning Manager AJ Fawver presented background information.

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

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH PHYLLIS COX FOR SIDEWALK CAFÉ USE AT 123 AND 125 S. CHADBOURNE STREET AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (ANNEX F, PAGE 149, RESOLUTION #2011-12-135R)

Development Coordinator Robert Schneeman presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

Community and Economic Development Director Shawn Lewis presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the TIRZ boundaries

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

APPROVAL OF THE FISCAL YEAR 2012 BUDGETED CAPITAL FUNDING AS IT RELATES TO THE 2011-2016 CAPITAL IMPROVEMENT PLAN FOR THE CITY OF SAN ANGELO

Finance Director Michael Dane presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to approve, as presented, was made by Councilmember Silvas and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Page 136 Minutes Vol. 103 December 6, 2011 ADOPTION OF A RESOLUTION CASTING VOTES FOR ONE NOMINEE OR DISTRIBUTING THEM AMONG NOMINEES FOR A POSITION ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 TERM OF OFFICE (ANNEX G, PAGE 153, RESOLUTION #2011-12-130R)

City Clerk Alicia Ramirez presented background information.

Councilmember Morrison requested his votes be cast equally to Begnaud, Conn, and Reeves.

Councilmember Silvas requested his total votes be cast Diaz.

The remaining City Council members requested their votes be cast equally to Begnaud, Conn, Gomez, Hall, and Reeves.

Motion, to adopt the Resolution, as stated and votes casted, was made by Mayor New and seconded by Councilmember Farmer. Motion carried unanimously.

RECESS

At 12:11 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:33 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property; and, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo.

OPEN SESSION (continued)

At 2:29 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 2:29 P.M., Mayor New called a recess.

RECONVENE

At 2:39 P.M., Council reconvened, and the following business was transacted:

AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING IN THE PREPARATION, ADOPTION AND IMPLEMENTATION OF AN AGREEMENT FOR JOINT ELECTION AND FOR ELECTION SERVICES, FOR THE SHARING OF COSTS OF HOLDING A JOINT ELECTION, AND FOR THE ACQUISITION OR LEASE OF ELECTION EQUIPMENT INCLUDING ELECTRONIC VOTING MACHINES

City Manager Harold Dominguez and City Clerk Alicia Ramirez presented background information.

Public comments were made by Citizens Jim Ryan and Jim Turner.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Silvas. Motion carried unanimously.

Minutes Page 137 December 6, 2011 Vol. 103 ADOPTION OF A RESOLUTION DESIGNATING POLLING PLACES WITHIN THE ELECTION PRECINCTS WITHIN THE CITY OF SAN ANGELO, TEXAS FOR ELECTIONS ORDERED; PROVIDING FOR PRE-CLEARANCE AND ALL OTHER NECESSARY ACTIONS; AND PROVIDING FOR AN EFFECTIVE DATE (ANNEX H, PAGE 155, RESOLUTION #2011-12-131R)

City Clerk Alicia Ramirez presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/SESSION, IF NEEDED;

CONSIDERATION OF AN OFFER OF ECONOMIC INCENTIVES TO A MEDICAL DEVICE COMPANY CONSIDERING LOCATING IN SAN ANGELO INCLUDING, BUT NOT LIMITED TO, A TAX REBATE, JOB CREATION GRANT, BUILDING RENOVATION GRANT AND LEASE ASSISTANCE AND ANY ACTION IN CONNECTION THERETO

No action taken.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed December 6, 2011 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

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

The meeting adjourned at 3:20 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

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

Page 138 Minutes Vol. 103 December 6, 2011

THIS PAGE INTENTIONALLY LEFT BLANK.

City of San Angelo

Memo Date: December 16, 2011

To: Mayor and Councilmembers

From: Tom Kerr, Assistant Director of Water Utilities

Subject: Agenda Item for December 20, 2011 Council Meeting

Contact: Tom Kerr, 657-4209

Caption: Consent Item

Consideration of award of bid for WU-15-11 Sodium Hypochlorite to Altivia Corporation

Summary: Bids were solicited from seven (7) suppliers. Bids were received from two (2) suppliers; Altivia Corporation and DPC Enterprises, LP. Altivia Corporation provided the low bid of $1.07 per gallon.

History: The City uses sodium hypochlorite for disinfection at the Water Reclamation Facility.

Financial Impact: Funded within the Water Reclamation operation budget. Estimated annual purchase is $62,060.00.

Related Vision Item

N/A

Other Information/ Recommendation:

It is recommended that the bid be awarded to Altivia Corporation.

Attachments: Bid Tab

Presentation: None

Publication: N/A

Reviewed by Service Area Director:

Will Wilde, Water Utilities Director, December 9, 2011.

Unit Price Unit Price

Per Gal Per Gal

Sodium Hypochlorite 58000 $1.07 $62,060.00 58000 $1.17 $67,860.00

Delivery Days:

Payment Discount:

Requests for Bids were mailed to:

DPC Enterprises, LP Sweetwater TX

Rowell Chemical Corporation Hinsdale IL

OFS Inc Oklahoma City OK

Pencco, Inc Sealy TX

Petra Chemical Company Dallas TX

Chlor-Serv, Inc. Hutto TX

Diehl Chemical Inc Houston TX

Extended Price

3 Days

n/a

Description

Approx Qty in

gallons

Extended

Price

2-3 Days ARO

0%, Net 30

ALTIVIA DPC INDUSTRIES

Approx Qty in

gallons

C I T Y O F S A N A N G E L O

BID TABULATION * RFB NO: WU-15-11/ Sodium Hypochlorite* December 7, 2011

City of San Angelo

Memo Date: 12-6-2011


From: Greg Boyle, Assistant Fire Chief

Subject: Agenda Item for 12/20/2011 Council Meeting

Contact: Greg Boyle, Fire Department (325) 657-4281

Caption: Consent

Consideration of awarding RFB NO: PRO-03-11 to Richard Salmon in the amount of $136,600.00 and authorizing the city manager or his designee to execute all documents necessary to complete this award

Summary:

RFB NO: PRO-03-11 was posted, advertised, and sent to 45 parties. This is the old fire station seven location. One acceptable bid was received and the bid tab is attached

History: The new Fire Station #7 located at 3225 Executive Dr. has opened and the old Fire Station # 7 2121 Office Park Dr. is being sold.

Financial Impact: $136,600.00-These funds would be used for additional improvement within the Fire Department.

Related Vision Item (if applicable):

n/a


Staff recommends awarding the bid to the successful bidder.

Attachments: PUR PRO-03-11Bid.pdf

Presentation: n/a

Publication: n/a

Reviewed by Director:

Brian Dunn 12/07/11

Approved by Legal:

No. MINIMUM BID $128,000.00

1 NO BID

2 136,600.00$

3

4

5

6

7

8

9

10

11

12

Bids Mailed To:

Item Description: FIRE STATION #7

Property Sale:

Legal Description: Lot 14, revised Knickerbocker Office

Park Addition

Also known as 2121 Office Park Drive

$3,000 BID SECURITY

INCLUDED?

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

BIDDER

Jay Dyches

Richard Salmon

BID TABULATION * RFB NO: PRO-03-11/Fire Station #7 * November 10, 2011

C I T Y O F S A N A N G E L O

YES

Bids Mailed To:

Mr. RQ Boothe Midland TX Mr. Dennis Arhelger San Angelo TX

Mr. Wayne Nickell Midland TX Patrick Agan San Angelo TX

Mr. Art Goetz San Angelo TX Tom West San Angelo TX

Mr. Daniel Cardenas San Angelo TX Charlotte Farmer San Angelo TX

Mr. Bill Butts San Angelo TX Jay Dyches San Angelo TX

Mr. Chris Cain San Angelo TX Julia Watters Odessa TX

Mr. Doug Johnson San Angelo TX Al Pierce San Angelo TX

Mr. Kenneth Barrows San Angelo TX Iris Bautista San Angelo TX

Mr. Marshal Gray San Angelo TX Dan & Toni Fox San Angelo TX

Mr. Cisco Guzman San Angelo TX Charles Havlak San Angelo TX

Mr. Jorge Ellis San Angelo TX Daniel Chaput San Angelo TX

Mr. Shane Luther San Angelo TX Tom Cameron San Angelo TX

Ms. Jody Wagley San Angelo TX Slater Chapa San Angelo TX

Mr. Richard Salmon San Angelo TX Ryan Newlin San Angelo TX

Ms. Mary Jane Steadman TX Tracey Kennemer San Angelo TX

Ms. Valerie Swanson San Angelo TX Mark Eberhardt Abilene TX

Glinda Martindale San Angelo TX Stefan Weiss San Angelo TX

Julie Raymond San Angelo TX Golda Foster San Angelo TX

Steve Wool San Angelo TX Michael Brenley San Angelo TX

Dusty Thompson San Angelo TX Teri Covert San Angelo TX

Louis Blanek San Angelo TX Shawn Davis Sweetwater TX

Candice Sage San Angelo TX Salil K. Sen Katy TX

San Angelo Realtors Association San Angelo TX

Y:\11-RFX\Property\RFB PRO-03-11 Fire Station #7\Bid Tab


To: Mayor and Council Members

From: Roger S. Banks, Purchasing, Division Manager


Contact: Diana Farris, Purchasing Specialist, 657-4212


Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s):

A. 1142 E 26th Street, (Duran), Lot 11, Block ‘J’, Bradford Annex Addition, $1,700, Suit No. B-05-0194-T B. 1011 E 22nd Street, (Duran), Lot 5 & W ½ of Lot 6, Block 25, Exall Addition, $1,800, Suit No. B-030094-

T C. 802 E 22nd Street, (Duran), Lot 15 & 16, Block 28, Exall Addition, $3,000, Suit No. C-08-0030-T D. Near 2321 Juanita Avenue, (Duran) Lot 9, Block 17, Forest Park Addition, $1,800, Suit No. TAX90-

0412B E. Near 2321 Juanita Avenue (2), (Duran) Lot 10, Block 17, Forest Park Addition, $1,900, Suit No. B-06-

0145-T F. 2508 Lindell Avenue, (Duran), Lot 3, Block 32, Forest Park Addition, $1,600, Suit No. B-06-0211-T

Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities.

OFFERS Location Size Date Auctioned Offer Will Satisfy…

1142 E 26th Street 65’ x 107’ 03/06/07 The court cost and a small portion of the taxes 1011 E 22nd Street 75’ x 140’ 10/03/06 The court cost and a small portion of the taxes 802 E 22nd Street 100’ x 140’ 11/01/11 The court cost and a small portion of the taxes Near 2321 Juanita Ave 50’ x 140’ 08/01/95 The court cost and a small portion of the taxes Near 2321 Juanita (2) 50’ x 140’ 10/07/08 The court cost and a small portion of the taxes 2508 Lindell Avenue 50’ x 140’ 03/02/10 The court cost and a small portion of the taxes

History: The following amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid.

City of San Angelo

1142 E 26th Street 1011 E 22nd St 802 E 22nd Street

Near 2321 Juanita Ave

Taxes $2,532.71 $4,591.00 $4,211.95 $2,513.91 Sheriff Fees $100.00 $100.00 $100.00 $291.71 District Clerk $249.00 $272.00 $479.00 $650.38 Attorney Fees $345.00 $332.00 $377.00 $0.00 Administration $350.00 $350.00 $350.00 $350.00 Municipal Liens $0.00 $0.00 $930.72 $0.00

Total $3,576.71 $5,645.00 $6,448.67 $3,806.00

Near 2321 Juanita

(2) 2508 Lindell Ave

Taxes $0.00 $2,035.17 Sheriff Fees $15.00 $100.00 District Clerk $168.00 $333.00 Attorney Fees $325.00 $365.00 Administration $350.00 $350.00 Municipal Liens $1,061.00 $0.00

Total $1,919.00 $3,183.17 Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll.

Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Resolutions, Tax-Resale Deeds, and Property Location Maps (separate links provided above) Presentation: N/A

Reviewed by Service Area Director: Michael Dane, Director of Finance

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

Tax-Resale Deed (Property Sold for Less than Adjudged Value)

Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District and County Education District #9.

P.O. Box 1751 San Angelo, Tom Green County, Texas 76902

Grantee: Miguel Duran, a single person 1110 Ashford Drive San Angelo, Tom Green County, Texas 76901

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

Property (including any improvements):

Lot 11, Block “J,” Bradford Annex Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 225, Page 411, Official Public Records of Real Property of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 24, 2006, in Cause No. B-05-0194-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 March 22, 2007, and recorded in Instrument Number 629144, Official Public Records of Real Property, Tom Green County, Texas.

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

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

Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the

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

Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the

market value specified in the Judgment, or (2) the total amount of the Judgment. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas Constitution.

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

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

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

ATTEST: Alvin New, Mayor and duly-authorized agent

Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2011, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To: City Attorney’s Office



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.





Lot 5 and the West one-half of Lot 6, Block 25, Exall Addition, City of San Angelo, Tom Green County, Texas, as described in deed recorded in Volume 733, Page 345, Deed Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on May 11, 2005, in Cause No. B-03-0094-T by the 119th District Court of Tom Green County, Texas.


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 October 20, 2006, and recorded in Instrument Number 620707, Official Public Records of Real Property, Tom Green County, Texas.












c:\users\bryan.kendrick\desktop\12-20-11\12 resolution.doc

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2011, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell a parcel of land situated within the city limits of the City of San Angelo, said parcel being described as follows:

Lot 5 and the West one-half of Lot 6, Block 25, Exall Addition, City of San Angelo, Tom Green County, Texas, as described in deed recorded in Volume 733, Page 345, Deed Records of Tom Green County, Texas

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 620707, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to MIGUEL DURAN, a single person, for the consideration of One Thousand Eight Hundred and 00/100 Dollars ($1,800.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.

THE CITY OF SAN ANGELO

______________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling Roger S. Banks City Attorney Purchasing Manager

Lot 5 & W 1/2 of Lot 6, Block 25, Exall

Addition1011 E 22nd St 75' x 140'

Copyright 2011 Esri. All rights reserved. Wed Nov 30 2011 02:11:22 PM.



Date: __________________________






Lots 15 and 16, Block 28, Exall Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 648, Page 76, Deed Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on November 10, 2010, in Cause No. C-08-0030-T by the 119th District Court of Tom Green County, Texas.


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 November 17, 2011, and recorded in Instrument Number 710991, Official Public Records of Real Property, Tom Green County, Texas.







Grantee assumes full payment of any ad valorem taxes for the Property for the current year

and all future years.





c:\users\bryan.kendrick\desktop\12-20-11\16 reso.doc




Lots 15 and 16, Block 28, Exall Addition, City of San Angelo, Tom Green County, Texas, as described in Volume 648, Page 76, Deed Records of Tom Green County, Texas.


WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to MIGUEL DURAN, a single person, for the consideration of Three Thousand and 00/100 Dollars ($3,000.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.


______________________________ Alvin New, Mayor


Lot 15 & 16, Block 28, Exall

Addition802 E 22nd St 100' x 140'

Copyright 2011 Esri. All rights reserved. Mon Dec 5 2011 04:02:37 PM.



Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District, and County Education District #9.





Lot 9, Block 17, Forest Park Addition, City of San Angelo, according to the Revised Map or Plat thereof recorded in Volume 1, Page 124, Plat Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on February 14, 1992, in Cause No. TAX90-0412B by the 119th District Court of Tom Green County, Texas.


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 September 20, 1995, and recorded in Volume 502, Pages 48, 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.



Grantee assumes full payment of any ad valorem taxes for the Property for the current year

and all future years.







Date: __________________________

Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for itself, Tom Green County, San Angelo Independent School District and County Education District #9.





Lot 10, Block 17, Forest Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Page 124 and 125, Plat Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on November 14, 2007, in Cause No. B-06-0145-T by the 119th District Court of Tom Green County, Texas.


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 October 21, 2008, and recorded in Instrument Number 660134, Official Public Records of Real Property, Tom Green County, Texas.












c:\users\bryan.kendrick\desktop\12-20-11\22 resolution.doc




Lot 10, Block 17, Forest Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, according to the map or plat thereof, recorded in Volume 1, Pages 124 and 125, Plat Records of Tom Green County, Texas.


WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to MIGUEL DURAN, a single person, for the consideration of One Thousand Nine Hundred and 00/100 Dollars ($1,900.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2011.


______________________________ Alvin New, Mayor


Lot 10, Block 17, Forest Park AdditionNear 2321 Juanita Ave 50' x 140'

Copyright 2011 Esri. All rights reserved. Wed Nov 30 2011 02:23:24 PM.



Date: __________________________






Lot 3, Block 32, Forest Park Addition, an addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 589, Page 977, Deed Records of Tom Green County, Texas.

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 14, 2009, in Cause No. B-06-0211-T by the 119th District Court of Tom Green County, Texas.


as Trustee for all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated March 22, 2010, and recorded in Instrument Number 684003, Official Public Records of Real Property, Tom Green County, Texas.












MEMORANDUM Date: December 5, 2011 To: Mayor and Councilmembers From: Luis Elguezabal, A.A.E., Airport Director Subject: Consideration for 12-20-11 meeting Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or extension-1010 Caption: CONSENT AGENDA:

CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TASK ORDER NO. 18, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTUAL/ENGINEERING SERVICES ASSOCIATED WITH THE AIRPORT LAYOUT PLAN (ALP) UPDATE IN THE AMOUNT OF $161,998 AT SAN ANGELO REGIONAL AIRPORT.

History: Staff submitted a Request for Qualifications RFQ No. AP-1-10 Architectural & Engineering Services, in November 2009. KSA Engineers was selected and an Agreement was entered by City Council on May 4, 2010. The selection process met the standards and guidelines of the Federal Aviation Administration (FAA) Advisory Circular 150/5100-14 – Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.

Airport staff is planning several improvements to the airports: infrastructure, Master Plan,

Airport Layout Plan, and terminal building area. Staff will bring forth separate Task Orders for additional projects as funding for each project becomes available from the Federal Aviation Administration.

Summary: Task Order No. 18 will provide the San Angelo Regional Airport with an updated Airport Layout Plan to reflect all changes experienced at the airport since the completion of the previous ALP in 2000. An update of the Airport Layout Plan is required under the FAA’s Airport Sponsor Assurances, Section-29. The Airport Layout Plan will be prepared in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. The term of Task Order No. 18 will be for 180 days from Notice to Proceed.

Financial Impact: Total cost for Task Order No. 18 is $161,998 for which the Federal Aviation

Administration has approved the use of Passenger Facility Charges to be used for this task. The City will fund this task, 100%, through Passenger Facility Charges (PFC). No General Fund dollars will be required.

Related Vision Item: Adequately Maintain Infrastructure. Other Information/Recommendation: Staff recommends approval. Attachments: Task Order No. 18 Presentation: None Publication: None Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 12-5-11

TASK ORDER N0. 18

Task Order No. 18

Page 1 of 3

Task Order No. 18– Airport Layout Plan In accordance with paragraph 1.02 of the Standard Form of Agreement between the City of San Angelo, Texas (OWNER) and KSA Engineers, Inc. (ENGINEER) for professional services, Task Order Edition, dated May 4, 2010 ("Agreement"), Owner and Engineer agree as follows: 1. Specific Project Data

A. Title: Airport Layout Plan

Description: Provide the San Angelo Regional Airport with an Airport Layout Plan in accordance with FAA requirements as stated in Attachment A Scope of Services.

2. Services of Engineer

A. See attached Attachment A. B. This task order does not include services for preliminary design, final design, bidding phase,

construction phase, geotechnical investigations, construction material testing, resident project representative or inspection.

3. Owner's Responsibilities

A. See Exhibit B of Standard Form of Agreement dated May 4, 2010. 4. Times for Rendering Services

Phase Completion Date

Airport Layout Plan 180 Calendar Days from Notice to Proceed

Note: Times for rendering services do not include review periods of the Owner or Governmental Agencies.

5. Payments to Engineer

A. Owner shall pay Engineer for services rendered as follows:

Category of Services Compensation Method Fee Airport Layout Plan Research and Deed Record Working Sketch* Survey and Prepare Plat*

Lump Sum Lump Sum Lump Sum TOTAL

$126,348.00

$8,050.00*

$27,600.00*

$161,998.00

This is Task Order No. 18, consisting of 3 pages.

San Angelo Regional Airport Task Order No. 18 KSA Project No. SAN.022

TASK ORDER N0. 18

Task Order No. 18

Page 2 of 3

*Cost assumes twelve tracts and six easements for research, drafting, and field surveying. Additional research and drafting may be completed at $106/hour plus abstractors fees. Additional field work may be completed at $1,725/day (including equipment) and $106/hour for associated office work. The total survey and prepare plat phase should be reevaluated after the research and deed record working sketch phase.

Total Task Order amount not to exceed $161,998.00 without prior written approval by the Owner.

B. The terms of payment are set forth in Article 4 of the Agreement.

6. Consultants:

Coffman Associates – Airport Layout Plan

Wilson Land Surveying – Property Boundary Surveying

7. Other Modifications to Agreement:

Scanned Reproductions. The parties agree and stipulate that the original of this contract, including the signature page and any attachments, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original, may be used for any purpose just as if it were the original, including proof of the content of the original writing.

8. Attachments:

Attachment A: Scope of Services for Airport Layout Plan. 9. Documents Incorporated By Reference:

None

______________________________________________________________________________ SJT ALP Update Scope v2.0 November 2011 A-1

EXHIBIT A SCOPE OF SERVICES For an AIRPORT LAYOUT PLAN (ALP) UPDATE

For SAN ANGELO REGIONAL AIRPORT – MATHIS FIELD

SAN ANGELO, TEXAS INTRODUCTION The San Angelo Regional Airport – Mathis Field (SJT) Airport Layout Plan Update Scope of Services is being prepared to establish the goals and objective of the project. The objective of the Study is to provide the Sponsor (SJT) with an updated ALP to reflect all changes experienced at the airport since the completion of the previous ALP in 2000. ELEMENT 1 - INVENTORY Task 1.1 – ON-SITE INVESTIGATION OF AIRPORT The overall objective of this element is to obtain necessary available information needed to complete the ALP update. The information will be collected via all available resources including but not limited to on-site investigation and internet resources. This task includes two (2) trips to the airport to have discussions with airport staff as well as to physically verify facilities. Responsibilities: Coffman: Assemble data. Conduct site visit to obtain information. Sponsor: Assist Coffman in obtaining available airport records. Product: Input to subsequent tasks. ELEMENT 2 – UPDATE ALP DRAWING SET The purpose of this study element is to develop a new set of Airport Layout Plans and Drawings for San Angelo Regional Airport – Mathis Field. All plans are prepared in a format that is readily acceptable to the FAA and can be utilized by airport officials in carrying out implementation. All plans will be produced utilizing the most current version of AutoCAD software. The AutoCAD drawings will be a deliverable item to SJT at the completion of this project. Seven hard copy blackline prints (22" x 34") of the ALP set and one CD-ROM with a PDF of the ALP set will be provided to the FAA for airspace review. Additional copies of the ALP set will be provided as necessary for Sponsor and FAA review.


The ALP will be completed according to the FAA Southwest Region ALP checklist. The checklist will be filled out accordingly and submitted along with the ALP drawings for FAA review as a quality control measure. Task 2.1 - Airport Layout Drawing Description: Following the Recommended Airport Master Plan Concept developed under Element 8 and FAA’s checklist (for items applicable to this project) an Airport Layout Drawing (ALD) for the airport will be prepared utilizing AutoCAD software. The existing airport layout plan will be updated to reflect changed physical features, wind data, runway and taxiway data, and airport data. Guidelines for the preparation of an airport layout plan as defined by the FAA Southwest Region Checklist for Master Plan and Airport Layout Plan will be followed. The ALD will follow guidance in FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. Responsibilities: Coffman: Prepare the ALD for the airport. Sponsor: Review and comment. Product: An updated ALD drawing for the airport which meets federal guidelines. Task 2.2 - Update Part 77, Approach Zone Profiles, and Inner Approach Surface Drawings Description: Update the Part 77, Inner Approach Zone Profiles, and Inner Approach Surface Drawings in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. Updated obstruction information will be derived from best available data supplied by the FAA and Sponsor, and supplemented with U.S. Geological Survey (U.S.G.S.) base maps which will be super-imposed on the airspace drawing. Blackline prints (22" x 34") will be provided as necessary for Sponsor and FAA review. It should be noted that no new approach obstruction survey work will be obtained under Element 3. Responsibilities: Coffman: Update Part 77, Approach Zone Profiles, and Inner Approach Surface Drawings

for the airport. Sponsor: Review and comment. Product: Updated airspace and inner approach surface drawings for the airport which meet

federal guidelines.


Task 2.3 – Update Terminal Area Drawing(s) Description: Update the terminal area drawings for the airport reflecting recent development and recommended development. Proposed development will follow analysis of existing property to determine suitability for usage. The task will include up to three (3) alternative layouts presented to airport staff in determining the recommended landside layout. Analysis in this task will aid in determining airport land use guidelines in Task 2.5. The landside facility drawing will be updated in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. Blackline prints (22" x 34") will be provided as necessary for Sponsor and FAA review. Responsibilities: Coffman: Prepare landside facility drawing for the airport. Sponsor: Review and comment. Product: Updated plans reflecting the development of the landside areas at the airport. Task 2.4 – Update Airport Property and Leasehold Map Description: Update the airport property map, incorporating the changes in existing and planned development. This map will include the appropriate information to indicate the type of acquisition (i.e. federal funds, surplus property, local funds only, etc.) of various land areas within the airport's boundaries. Details will be limited to the depiction of existing and future facilities (i.e. runways, taxiways, runway protection zones, terminal facilities, etc.) which justify the retention of airport property. This work effort should not be construed as the development of a new "Exhibit A - Property Map." Rather, it will utilize information obtained from the current "Exhibit A - Property Map" as well as other available resources. This task will include the depiction of the meets and bounds locations of any/all existing leaseholds based on information provided by the Sponsor and/or KSA Engineers. Any new or required property surveys and/or title searches will be provided under this task. The research and boundary survey will include:

• A survey of the perimeter of the airport based on found record data. • The location of existing fences along or near the perimeter. • A deed record working sketch detailing record data descriptions. • The location of existing lease tracts. This information is to be provided by airport

personnel. • The location of easements of record together with visible evidence of occupation. • Perimeter corners will be monumented only at positions determined by the surveyor to be

necessary. • A survey plat with hard copies and electronic copies.

The survey will not include:

• Elevations or vertical data.


• Buildings, roads, runways, ramps, lighting, vegetation, utilities, or other physical improvements unless they lie within close proximity of the airport perimeter.

• Setting corners of interior tracts, leases, or easements. The cost to research (including Abstractors fees) and prepare a record working sketch includes the research of the tracts 1 thru 6, 7a, 7b, 7c, 8, 9, and 10 as shown in the 2000 ALP and up to six easements. Research includes adjoining property records to determine if conflicts or gaps along the perimeter exist. If more than 12 tracts or six easements are found additional fees will apply. The Property Map will be updated in conformance with the standards of FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. Blackline prints (22" x 34") will be provided as necessary for Sponsor and FAA review. Responsibilities: Coffman: Update airport property map for the airport. Sponsor: Provide appropriate data and review property map. Provide copies of airport

property deeds as needed. Product: Airport Property and Leasehold Map for the airport. Task 2.5 - Prepare Airport Land Use Plan Description: The Airport Land Use Plan will be prepared in accordance with FAA AC 150/5300-13, Airport Design, Change 17, and AC 150/5070-6B, Airport Master Plans, Change 1, Appendix D. The on- and off-airport land uses will be depicted by general use categories. Blackline prints (22" x 34") will be provided as necessary for Sponsor and FAA review. This element will include updating the existing and ultimate airport noise exposure contours. Since no new forecasting will be completed via this effort, FAA TAF forecast information will be utilized for the development of ultimate noise contours. This task will utilize the analysis completed in Task 2.3 to provide recommendations for land to be utilized for aviation purposes as well as land that could be converted to non-aviation or other revenue production uses. Responsibilities: Coffman: Prepare land use drawing for the airport. Sponsor: Review and comment. Product: Updated plans reflecting updated land use on airport property.


ELEMENT 3 – OBTAIN AIRPORT SURVEY INFORMATION Task 3.1 – ON-SITE INVESTIGATION OF AIRPORT The objective of this work effort is to perform an airport survey via aerial platform to provide information required to update the ALP. The survey will include all elevation for facilities on-airport as well as 2-foot topographic contour intervals. As previously noted, this survey effort will not include any information beyond the existing airport boundary. As a result, this survey will not include identification of obstruction in any of the runway approach surfaces whereas those surfaces extend beyond airport property. Responsibilities: Coffman: Manage sub-consultant survey work effort. Sponsor: Assist Coffman/sub-consultant in obtaining access for physical survey needs. Product: Input to previous tasks.

City of San Angelo


To: Mayor and Council Members

From: Ron Perry, Emergency Management Coordinator


Contact: Ron Perry, Emergency Management, 325-657-4230

Caption: Consent:

Consideration of approving an Mutual Aid Agreement between the City of San Angelo and the Concho Valley Regional Advisory Council (CVRAC) authorizing sharing of the costs of WebEOC, a web based communications software, that allows for secure, real-time access to emergency response information and communications, and authorizing the Mayor and/or City Manager to execute said Interlocal agreement.

Summary: The capacity to facilitate and manage the sharing of information between the City of San Angelo and the counties and cities within the Concho Valley Regional Advisory Council during disaster or civil emergency will enhance the effectiveness and efficiency of emergency response in the best interest of the respective communities within the Concho Valley Council of Governments

History: In April of 2009, the City of San Angelo procured a license for use of WebEOC software under specific terms of license agreement, and has acquired related hardware components utilizing federal Homeland Security Grant Program funds, which License for web based software allows for shared, secure, real-time communications and access to information and reports of emergency response to disasters or civil emergencies.

Financial Impact: The initial statement of costs expected to be incurred by City and billed to Concho Valley Regional Advisory Council for the annual year 2011 is $3,300.00

Related Vision Item

(if applicable):

The sharing of the City Emergency Management WebEOC program with participating cities and counties of the Concho Valley Regional Advisory Council will provide for another layer of communications redundancy.


Staff recommends approval for the Mayor or City Manager to sign the WebEOC Mutual Aid Agreement between the City of San Angelo and the Concho Valley Regional Advisory Council.

Attachments: EM WebEOC RAC Mutual Aid Agreement.pdf

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director:

Harold Dominguez, City Manager

Approved by Legal: Date of Approval (attach Legal Approval Form)

AGREEMENT FOR MUTUAL AID By and Between the

OFFICE OF EMERGENCY MANAGEMENT Of the CITY OF SAN ANGELO and TOM GREEN COUNTY TEXAS

And

The Concho Valley Regional Advisory Council ______________________________________________

This Agreement is entered into pursuant to Chapter 418 of the Texas Government Code, the Texas Disaster Act of 1975, by and between the Office of Emergency Management of the City of San Angelo and Tom Green County (OEM) and The Concho Valley Regional Advisory Council (RAC). Either entity may be hereinafter referred to as a "Party" and jointly as "Parties".

WITNESSETH

WHEREAS, Texas Disaster Act, Chapter 418 of the Texas Government Code, authorizes local governments to contract with each other and with local agencies and organized volunteer groups under state law; and, WHEREAS, the City of San Angelo is a home rule municipal corporation; and, the Concho Valley Regional Advisory Council (CVRAC) is a regional Trauma Service Area-K defined by the Texas Department of State Health Services; and, WHEREAS, the Parties recognize the vulnerability of the people and communities located within Tom Green County to damage, injury, illness, and loss of life and property resulting from a disaster or civil emergencies and recognize that disasters or civil emergencies may present equipment, manpower, expertise and shelter requirements beyond the capacity of the City of San Angelo or Tom Green County to provide; and, WHEREAS, the Parties recognize that during a civil emergency as well as during cleanup periods assistance in the form of personnel, supplies, equipment, shelter and specialized expertise or knowledge may be needed to prevent or limit loss of life and property damage, and that the parties operating cooperatively will be better able to meet the needs of the people and communities in Tom Green County; and, WHEREAS, the Texas Government Code, Section 418.109(d), provides that a local government entity may provide for emergency assistance and mutual aid assistance to another local government entity or an organized volunteer group on request from another local government entity or organized volunteer group. A memorandum of understanding for emergency assistance and mutual aid assistance would allow for better coordination of effort, and would help ensure that appropriate aid, assistance and care is available to the communities involved in the minimum time possible; and, WHEREAS, the City of San Angelo procured a license for use of WebEOC

software under specific terms of license agreement, and has acquired related hardware components utilizing federal Homeland Security Grant Program funds, which License for web based software allows for shared, secure, real-time communications and access to information and reports of emergency response to disasters or civil emergencies; and, WHEREAS, the City of San Angelo desires to make the WebEOC software components available to such agencies for coordination of emergency response communications through internet access, and the cities and such agencies desire to participate for their mutual benefit on a cost effective, cost sharing basis; and, NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERMS 1. Recitals. The recitals set forth above are true and correct.

2. Definitions. For purposes of this Agreement, the terms listed below will have the following meanings:

(a) "Civil emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry.

(b) "Disaster" shall have the meaning as set forth at Texas Government Code, Chapter 418, Emergency Management, Section 418.004.

(c) "Local government entity" shall have the meaning as set forth at Texas Government Code, Chapter 418, Emergency Management, Section 418.004.

(d) "Mutual aid" means aid rendered under a memorandum of understanding or other written agreement for mutual aid, and includes, but is not limited to, such resources as equipment, supplies, and personnel.

3. Party's Emergency Management Plan. Each Party shall prepare and keep current an emergency management plan to provide for emergency/disaster mitigation, preparedness, response and recovery. The emergency management plan shall incorporate the use of available resources which may include personnel, equipment and supplies necessary to provide mutual aid in response to a civil emergency or disaster within the jurisdiction of the parties hereto.

4. Activation. This Agreement shall be activated in the event of either: (a) a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the Texas Government Code; or (b) the finding of a state of civil emergency by the presiding

officer of the governing body of a Party. The activation of the Agreement and corresponding response shall continue in effect, whether or not the local disaster declaration or state of civil emergency remains active, until the services of the Party rendering aid are no longer required or when the officer in charge for the responding Party determines, in his sole discretion, that further assistance should not be provided.

5. Request for Mutual Aid.

(a) Local Disaster. In the event of a local disaster declaration, the Emergency Management Coordinator or his designee of the Party requesting aid shall request such aid from the other Party, utilizing the list of contacts as provided for at Section 9 herein and providing the responding Party with information specified under Section 8(a) of this Agreement. A Party from whom mutual aid is sought, shall furnish mutual aid to cope with the disaster to the requesting Party, subject to the terms of this Agreement.

(b) Civil Emergency. If the presiding officer of the governing body of a Party is of the opinion that a state of civil emergency exists in the local government that requires assistance from another Party, the presiding officer or his/her designee shall make the request directly to the Party from whom assistance is sought. Before the emergency assistance is provided, the governing body of the Party that is to provide the assistance must authorize the responding Party to provide the assistance by resolution or other official action, and where applicable in accordance with the Interlocal Cooperation Act of 1975, Section 791.027.

(c) Assistance to be Granted. The responding Party shall provide any and all such assistance as in its sole discretion it deems to be available and appropriate, the decision being made by the Emergency Management Coordinator or other appropriate agents or employees of the responding Party.

6. City’s Obligations. The obligations of City hereunder include that:

(a) City shall maintain its current License for use of the WebEOC software and shall maintain the hardware currently in place for utilization of the WebEOC software in an operational condition and accessible by participating medical organizations in the RAC pursuant to memorandums of understanding to be entered into by and between City and such participating cities and counties. (b) The City shall install, or allow to be installed, the latest patches and releases of the WebEOC software for City’s License, as they are released by the software publisher.

(c) The City will install and maintain the WebEOC software under its License for the second server as redundancy, for the capacity to activate the second server system when the primary WebEOC server is out of service.

(d) The City will utilize municipal personnel to maintain administrative control over utilization of the License for WebEOC software and related hardware.

(e) Annually, City shall provide to RAC a statement for reimbursement of costs expected to be incurred by City for maintenance and utilization of the WebEOC License and related hardware.

7. Concho Valley Regional Advisory Council’s Obligations. The obligations of RAC

hereunder include that: (a) Within sixty days from receipt of an invoice from City for reimbursement of costs expected to be incurred by City for maintenance and utilization of the WebEOC License and related hardware the RAC shall reimburse City for the amount due. The initial statement of costs expected to be incurred by City and billed to RAC for the fiscal year commencing October 1, 2010 through September 30, 2012 is $3,300.00.

(b) The RAC will assist medical organizations within the Concho Valley, in the designation and assignment of appropriate personnel to be trained, at the Governance Board’s direction, in the access to and proper use of the Licensed WebEOC system.

8. Conditions. Any furnishing of resources under this Agreement is subject to the following conditions:

(a) A request for aid shall specify the amount and type of resources being requested, the location to which the resources are to be dispatched, and the specific time by which such resources are needed; (b) The Party rendering aid shall endeavor to take such action as is necessary to provide and make available the resources requested, provided however, that the Party rendering aid, in its sole discretion, shall determine what resources are available to furnish the requested aid; and (c) The responding Party shall report to the officer in charge of the requesting Party’s forces at the location to which the resources are dispatched, and shall place the manpower and resources available in the direction and care of the Emergency Management Coordinator, or other agents or employees of the requesting Party (d) Reports and communications shall be managed to the extent possible in WebEOC. When WebEOC cannot be used, alternate methods of communication will be used. WebEOC automatically documents and records information entered into the WebEOC system. All reports must be maintained in such a manner that they may be retrieved.

(e) The Party rendering aid shall keep appropriate records of all equipment, supplies and personnel utilized in the response and at the conclusion of the response to the emergency or disaster shall supply a copy of such records to the Emergency Management Coordinator of the requesting Party or its designee.

9. Coordinating Aid. Each of the Parties shall continuously maintain, and provide to the other Party or Parties, a list of personnel contacts including appropriate telephone and facsimile numbers, and other information to facilitate the utilization of this Agreement by the Parties in the event of a disaster or civil emergency.

10. Waiver of Claims Against Parties; Immunity Retained.

(a) Each Party waives all claims against the other Parties hereto for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing or the execution of this Agreement and the performance of the covenants contained herein.

(b) To the extent that the foregoing paragraph assigns responsibility for civil liability as between the Parties that arise from the furnishing or obtaining of services under this Agreement, the assignment of liability is intended to be different than liability otherwise assigned under Subsection (a) of Section 791.006 of the Texas Government Code, Interlocal Cooperation Act.

11. Civil Liability.

a) Pursuant to Section 421.062 of the Texas Government Code, it is expressly provided that the furnishing local agency [a responding Party hereto] is not responsible for any civil liability that arises from the furnishing of a service under this contract [Agreement]; and pursuant to which the local agency committed the act or omission while acting in good faith and in the course and scope of its functions to provide a service related to homeland security activity. This provision may not be interpreted as a waiver of any immunity that might exist in the absence of an interlocal contract or a provision in this interlocal contract [Agreement].

b) In no event shall a Party hereto be liable for any incidental, indirect, special or consequential damages arising out of or related to this Agreement or the Party’s performance hereunder.

12. Costs. All costs associated with the provision of mutual aid, relating to equipment utilized, manpower, clothing, supplies, medical expenses, and expenses of travel,

food, and lodging, shall be paid by the responding Party, subject to reimbursement by the requesting Party in such amount as the parties may agree.

13. Equipment and Personnel. During the time mutual aid is being furnished, all equipment furnished by the responding Party shall be deemed to continue to be owned, leased, or rented by the responding Party. At all times while equipment and personnel of a responding Party are en route to, from, or within the geographical limits of the requesting Party in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used, as the case may be, in the full line and cause of duty of the responding Party. Under no circumstances shall the employee of a Party be deemed an employee of another Party hereto, nor shall either Party act as an agent of another Party hereto. Personnel who are assigned, designated or ordered by their employing Party hereto in response to a request for aid by another Party shall continue to receive the same wages, salary, pension, and other compensation and benefits for the performance of such duties, including injury or death benefits, disability payments, and worker’s compensation benefits, if any, as though the service had been rendered within the limits of the jurisdiction of the responding Party regularly employing such personnel. Any and all joint venture, joint enterprise, or partnership status is hereby expressly denied and the Parties expressly state that they have not formed expressly or impliedly a joint venture, joint enterprise, or partnership.

14. Termination. Either Party hereto shall have the right to terminate its participation in this Agreement upon sixty (60) days prior written notice to the other Party or Parties hereto, with the approval and consent of the presiding officer of the governing body of the Party.

15. Term. This Agreement shall become effective as to each Party when approved and authorized by that Party’s governing body, and where applicable as required pursuant to Texas Government Code Section 418.109, and duly executed. This Agreement shall continue in force and remain binding upon the Parties for three (3) years from and after its effective date unless earlier terminated as herein provided, and shall be deemed automatically renewed annually under the same terms and conditions, unless modified, in writing duly executed by the Parties, for additional one (1) year terms.

16. Survival. Those provisions of this Agreement which by their nature extend beyond termination or expiration of this Agreement shall survive such termination or expiration.

17. Entirety. This Agreement contains all commitments and agreements of the Parties with respect to the mutual aid to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to mutual aid shall have any force or effect if not contained herein, except as provided in Section 17 below.

18. Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement.

19. Other Mutual Aid Agreements. To assist each other in the process of mutual aid response planning, each Party agrees to inform the other Parties of all mutual aid agreements or MOU’S that each Party has with other local government entities, municipalities, counties, state or federal agencies, and other entities. Specifically, the existence of this Agreement shall not prevent a municipality, county, rural fire prevention district, emergency services district, fire protection agency, organized volunteer group, or other emergency services entity from providing mutual aid assistance on request from another emergency services entity, in accordance with the provisions in Section 418.109 (d) of the Texas Government Code. This Agreement shall not prevent a Party hereto from providing emergency assistance to another Local Government entity which is not a party hereto, in accordance with the provisions in Section 791.027 of the Texas Government Code.

20. Severability. If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable.

21. Validity and Enforceability. This Agreement is subject to availability of current revenue to the paying Party. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect.

22. Amendment. This Agreement may be amended only by the mutual written and duly executed concurrence of the Parties.

23. Third Parties. This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall it be deemed or construed to create, any rights in third parties.

24. Warranty of Signatories. This Agreement has been officially authorized by the governing body of each Party hereto and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind the respective Party to this Agreement.

25. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall lie exclusively in Tom Green County, Texas.

26. Headings. The headings at the beginning of the various provisions of this Agreement have been included only for convenience and are not to be construed as substantive.

27 General Provisions. The parties hereto mutually agree that:

(a) Governance Board. There is hereby created a “Governance Board” consisting of

four members. The City of San Angelo, Tom Green County Emergency Management Office, City of San Angelo Information Technology Director, Concho Valley Council of Government and Concho Valley Regional Advisory Council shall each appoint one member of the Governance Board, to serve at the pleasure of the appointing entity. The Governing Board shall have the authority and obligation of assigning appropriate WebEOC boards to participating entities and of resolving conflicts between the parties to this Agreement and participating entities. The Governing Board shall adopt such rules and procedures as it deems necessary or convenient to carry out its business.

(b) Current Revenue. The parties hereto warrant that all payments , contributions, fees and disbursements required of it hereunder shall be made from current revenues

(c) Notices. Any notice required or permitted to be given to a party under this Agreement, shall be in writing and shall be deemed given (i) on the day it is delivered personally (with receipt); or (ii) the day after it is deposited with a nationally recognized courier service for next-day delivery; or (iii) three (3) days after it is deposited in the U.S. certified mail, postage prepaid, return receipt requested, addressed as follows:

If to City: City of San Angelo Emergency Operations 8485 Hanger Rd. San Angelo, Texas 76904 Attn: Ron Perry, Emergency Management Coordinator

If to RAC: Concho Valley Regional Advisory Council P.O. Box 60125 San Angelo, Texas 76906

(d) Amendment. This Agreement shall not be amended or modified other than in a

written agreement signed by the parties. (e) Applicable Law. The laws of the State of Texas shall govern the interpretation,

validity, performance and enforcement of this Agreement. Venue for any action based in whole or part on this Agreement is in Tom Green County.

(f) Severability. If any provision of this Agreement is held to be illegal, invalid or

unenforceable under present or future laws, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be liberally construed so as to carry out the intent of the parties to it.

(g) Survival. Those provisions of this Agreement which by their nature extend beyond termination or expiration of this Agreement shall survive such termination or expiration.

(h) Entirety. This Agreement contains all commitments and agreements of the Parties with respect to the services to be rendered hereunder during or in connection with a disaster and/or civil emergency. No other oral or written commitments of the Parties with respect to such services shall have any force or effect if not contained herein, except as provided at paragraph 4(a) above.

(i) Ratification. Each Party hereby ratifies the actions of its personnel taken prior to the date of this Agreement.

(j) Validity and Enforceability. This Agreement is subject to availability of current revenue to the paying Party. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend it to the minimum extent necessary to bring it into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect.

(k) Headings. The headings at the beginning of the various provisions of this

Agreement have been included only for convenience and are not to be construed as substantive.

EXECUTED by the Parties hereto, each respective entity acting by and through its duly authorized official as required by law, in multiple counterparts each of which shall be deemed to be an original, on the date specified.

CONCHO VALLEY REGIONAL CITY OF SAN ANGELO, TEXAS

ADVISORY COUNCIL

By: _____________________________ By:

Harold Dominguez, City Manager

(Print Name) ITS:

DATE: _________________________ DATE:______________________________

ATTEST: ATTEST:

By: ______________________________ By:

Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Ronald D. Perry, Emergency Dan T. Saluri, Sr. Asst. City Atty. Management Coordinator

City of San Angelo

Memo Meeting Date: December 6, 2011

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: annexation (to San Angelo’s City limits) of certain properties located

northeast of San Angelo

Location: area bounded roughly by North U.S. Hwy. 67 on the south, North U.S. Hwy. 277 on the east, Farm-to-Market Hwy. 2105 on the north, and a combination of Schwertner and Pruitt Roads on the west

Contacts: A J Fawver, Planning Manager 657-4210

Caption: First public hearing and consideration of an ordinance annexing

approximately 1,336 acres located northeast of San Angelo’s existing city limits, encompassing an area south of East Farm to Market Road 2105, beginning at a point along San Angelo’s existing city limits line; said points begin approximately 1,290 feet east of the intersection of East 37th Street and Pruitt Road, which extends along San Angelo’s existing city limits for approximately 11,080 feet, including an approximately 1.68-mile segment of right-of-way of Old Ballinger Highway, an approximately 1.64-mile segment of Covington Road, an approximately 0.48-mile segment of right-of-way of East Farm to Market Road 2105, an approximately 0.50-mile segment of right-of-way of East 50th Street, an approximately 0.61-mile segment of right-of-way of North US Highway 277, and an area of 200 acres northeast of the intersection of San Angelo’s existing city limits line and North US Highway 277

Summary:

City Council discussed this item on February 1, of 2011, at which time they instructed staff, by way of a 5-2 vote, to initiate discovery of this process. On August 30, staff made presentation of the modified annexation area, which represented a small segment due to development agreements being accepted by property owners which state law requires cities

to make such offers to. At this time, the City Council endorsed the area for annexation. Required hearings to solicit public comment were held. City staff mailed notification of the proposed annexation to all affected property owners via registered mail, and published two legal notices to inform citizens. If approved, this ordinance will be brought back for second reading and adoption on December 20th.

Reason(s) for Proposed Annexation: As a reminder, the proposed annexation of land located northeast of San Angelo was prompted by the following concerns:

• A perceived need to annex property directly accessible to municipal water mains extended outside City limits. The availability of water service is the single most important factor in the development of land; without it, rural property may not be developable at all. Since 1989, San Angelo’s subdivision regulations have generally prohibited extending municipal water mains outside City limits, unless the owner(s) of property served by such extensions formally petition for annexation. In 1989, more than a few municipal water mains were already extended to areas outside City limits. San Angelo’s annexation efforts since 1989 have primarily been aimed toward incorporating such areas; however, some municipal water mains remain outside City limits. These include water mains extended alongside Old Ballinger Highway and into the Paul Gregory Addition,* within the proposed annexation area. So long as such water mains remain outside corporate limits, the City’s legal authority to consistently deny future extensions outside City limits may be in jeopardy.†

• A perceived need to exert authority for zoning, fire and construction-related codes on property alongside along North U.S. Hwy. 67, which serves as a major gateway to San Angelo. By doing so, it is hoped the aesthetic appeal and security (fire safety) of this corridor can be maintained and not degraded any further.

• A perceived need to limit the extent and density of development around the existing Regional Landfill and its planned expansion northward. This will help minimize incompatible mix of uses, and also help limit the City’s exposure to liability stemming from undesirable external impacts of the Regional Landfill.

Related Vision Item: San Angelo’s 2009 Comprehensive Plan identifies two general goals for future annexation:

Goal 1: Use annexation to ensure that new housing and business activity is incorporated within the City limits of San Angelo, in a way which minimizes up-front municipal expenditures (for capital improvements in newly annexed areas) but maximizes suitability of such development within the urban context of San Angelo. Annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction.

* including the Chaparral Commercial Center

† i.e., without a petition for annexation, from the owner(s) of property served by such water main extensions

Goal 2: Balance short-term costs of making measured capital improvements in possible annexation areas, with long-term costs of not annexing these same areas. Recognize that determining the best areas for annexation involves anticipating realistic potential for development of new home sites and new business activity all around the urban fringe, annexing the most promising such areas where timely application of urban development standards can have an effective impact.

Financial Impact: Council has authorized a service plan resulting in extension of water service to the adopted area within three years of the date of adoption. Other City services will provided to this area as outlined in the service plan component of the annexation ordinance. Recommendation: City staff recommends approval of this ordinance as presented. Attachments: maps illustrating area of proposed annexation of land located

northeast of San Angelo and DRAFT Ordinance and Exhibits Presentation: AJ Fawver, Planning Manager Publication: No legal notice required at this time. This was done as part of

the public hearing process previously undertaken. Reviewed by: AJ Fawver, Planning Manager (11/17/11)

AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, PROVIDING FOR THE ANNEXATION OF TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 1310 TOTAL ACRES LOCATED NORTHEAST OF THE EXISTING CITY’S CORPORATE LIMITS, COMPOSED OF THE FOLLOWING: 128 ACRES OUT OF J. FENNER SURVEY 1, 77 ACRES OUT OF BULLOCK SURVEY 10, 329 ACRES OUT OF MRS. JULIA A. EGGLESTONE SURVEY 2, 29 ACRES OUT OF J. POINTEVENT SURVEY 1113, 653 ACRES OUT OF WASHINGTON COUNTY RAILROAD CO. SURVEYS 178 AND 179, AND 94 ACRES OF HIGHWAY AND RAILROAD RIGHT-OF-WAY, IN TOM GREEN COUNTY, TEXAS, BEING WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY AND ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND LEGALLY REQUIRED CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO, TEXAS TO INCLUDE THE ANNEXED TERRITORY; PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO-RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE

An ordinance annexing approximately 1310 acres located northeast of San Angelo’s existing city limits, encompassing an area south of East Farm to Market Road 2105, beginning at a point along San Angelo’s existing city limits line, said points begin approximately 1290 feet east of the intersection of East 37th Street and Pruitt Road, which extends along San Angelo’s existing city limits for approximately 11080 feet, including an approximately 1.68-mile segment of right-of-way of Old Ballinger Highway, an approximately 1.64-mile segment of Covington Road, an approximately 0.48-mile segment of right-of-way of East Farm to Market Road 2105, an approximately 0.50-mile segment of right-of-way of East 50th Street, an approximately 0.61-mile segment of right-of-way of North US Highway 277, and an area of 200 acres northeast of the intersection of San Angelo’s existing city limits line and North US Highway 277, all as more particularly described in Exhibit A, attached hereto. WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and, WHEREAS, the Planning Division of the City’s Community and Economic Development Department caused to be mailed to all owners of real property, to utilities, school districts, fire departments, and railroads, within the territory to be annexed, notices regarding the annexation, and provided such other notice and complied with provisions for annexation required by law; and, WHEREAS, three public hearings have been held, at San Angelo’s McNease Convention Center, the first on November 1st of 2011, the second on November 15th of 2011, and the third on December 6th of 2011, at which all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory herein described; and,

WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area herein described, which plan is attached hereto as Exhibit “B”, and the City of San Angelo is able to provide such services; and, WHEREAS, the herein described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the property described in Exhibit “A” which is attached hereto and incorporated herein for all purposes, said territory lying adjacent to and adjoining the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed to the City of San Angelo, and said territory hereinafter described shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of San Angelo. Section 3. That the service plan attached hereto as Exhibit “B” is hereby approved and is incorporated into this ordinance as if it were recited herein. The City of San Angelo makes an affirmative determination that this service plan provides for services to the annexed area which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed territory. Section 4. That the annexed territory described above is a part of the City of San Angelo for all purposes, and the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo, and shall be entitled to the same rights and privileges, bound by the same duties and responsibilities as other property within the corporate limits. Section 5. That the inhabitants residing and owners of property within the confines of the annexed territory shall be entitled to all the rights and privileges of all the other citizens and property owners of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 6. That the official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned territory as part of the City of San Angelo, Texas. Section 7. That if any portion, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

Section 8. That this ordinance will become effective on the day of its adoption.

INTRODUCED on the 6th day of December, 2011, and finally PASSED, APPROVED AND

ADOPTED on this the 20th day of December, 2011.


____________________________________Alvin New, Mayor

ATTEST: _________________________________ Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT APPROVED AS TO FORM Shawn Lewis, Director of Community & Lysia H. Bowling, City Attorney Economic Development

EXHIBIT “A” legal description of area encompassed by annexation of land located northeast of San Angelo, Tom Green County, Texas

LEGAL DESCRIPTION OF THE ENCOMPASSED AREA BY ANNEXATION OF LAND LOCATED NORTHEAST OF SAN ANGELO’S EXISTING CITY LIMITS: BEING an area of 1336.04 acres of land out of J. Fenner Survey 1, Abstract 4985, Wm. Bullock Survey 10, Abstract 8134, Mrs. Julia A. Egglestone Survey 2, Abstract 4984, J. Pointevent Survey 1113, Abstract 4873, Washington County Railroad Co. Survey 179, Abstract 4032 and Washington County Railroad Co. Survey 178, Abstract 8474, Tom Green County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on San Angelo’s existing city limits line, said point being the southern corner of Tract A, Paul Gregory Addition, Section One, as recorded in Volume 4, Page 245 of the County Clerk’s Plat Records for Tom Green County, Texas; THENCE following the existing city limits line and the northwest right of way line of U.S. Hwy. 67 & 277 and the east line of said Paul Gregory Addition, Section One and Section Two, N.32°48’30” E. a distance of 1607.63 feet to a point being a northwesterly projection of the southwest boundary of a certain 200 acre tract conveyed from the City of San Angelo to Tom Green County as described in deed recorded in Volume 577, Page 71 of the Official Public Records of Tom Green County, Texas; THENCE following the existing city limits line and crossing U.S. Hwy. 67 & 277, S. 57°13’37” E. a distance of 355.29 feet intersecting the southeast right-of-way line of U.S. Hwy. 67, said point being the west corner of said 200 acre tract and the north corner of a certain 22.27 acre tract conveyed from Pride Companies, L.P. to Delek Marketing & Supply, L.P. as described in deed recorded in Instrument No. 615910 of the Official Public Records of Tom Green County, Texas, in all a distance of 2675.62 feet to the south corner of said 200 acre tract; THENCE along the southeast line of said 200 acre tract, N. 32°46’23” E. a distance of 4263.23 feet to the east corner of said 200 acre tract; THENCE along the northeast line of said 200 acre tract, N. 57°13’37” W. a distance of 1994.86 feet to the northernmost corner of said 200 acre tract and the southeast corner of a certain 4.370 acre tract as described in deed from Norwest Bank Texas, N.A. to Marvin V. Blumentritt as recorded in Volume 619, Page 257 of the Official Public Records of Tom Green County, Texas; THENCE along the south line of said 4.370 acre tract and northwest line of said 200 acre tract, S. 70°21’11” W. a distance of 553.06 feet to a point on the southeast right of way line of U.S. Hwy. 67 & 277; THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line of said 200 acre tract, S. 27°59’12” W. a distance of 184.45 feet; THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line of said 200 acre tract, S. 32°48’45” W. a distance of 325.15 feet; THENCE crossing U.S. Hwy. 67 & 277, N. 85°28’47” W. a distance of 804.47 feet to the northwest right-of-way line of U.S. Hwy. 67 & 277 and the northeast corner of Tract I, Paul Gregory Addition, Section Two as recorded in Volume 4, Page 414 of the Plat Records of Tom Green County, Texas, and the southeast corner of a certain 167.292 acre tract described in Exhibit ‘H’ in Instrument No. 648798 of the Official Public Records of Tom Green County, Texas;

THENCE along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract following a curve to the left, having a radius of 3703.62 feet, central angle of 7°25’37”, arc length of 480.08 feet, and whose long chord bears N. 3°51’25” E. a distance of 479.74 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 0°08’47” E. a distance of 540.83 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 9°05’24” W. a distance of 405.25 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 0°08’36” E. a distance of 1125.25 feet to the northeast corner of said 167.292 acre tract; THENCE crossing Old Ballinger Hwy. and South Orient Railroad, N. 2°47’09” W. a distance of 284.87 feet to the southeast corner of a certain 501.327 acre tract conveyed from Norwest Bank Texas, N.A. to Wilbert B. Block as recorded in Volume 588, Page 84 of the Official Public Records of Tom Green County, Texas; THENCE along the northwest right-of-way line of South Orient Railroad and southeast line of said 501.327 acre tract, S. 53°48’10” W. a distance of 3759.22 feet to the southwest corner of said 501.327 acre tract and the southeast corner of a certain 4.000 acre tract conveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume 663, Page 404 of the Official Public Records of Tom Green County, Texas; THENCE with the east line of said 4.000 acre tract, N.0°19’19” E. a distance of 229.75 feet to the northeast corner of said 4.000 acre tract; THENCE with the north line of said 4.000 acre tract, S. 53°48’10” W. a distance of 943.33 feet to the northwest corner of said 4.000 acre tract; THENCE with the west line of said 4.000 acre tract, S. 0°19’19” W. a distance of 229.75 feet to the southwest corner of said 4.00 acre tract and in the northwest right-of-way line of South Orient Railroad; THENCE with the northwest right-of-way line of South Orient Railroad, S. 53°48’10” W. a distance of 942.28 feet to the intersection of the east right-of-way line of Covington Road and the southwest corner of a certain 93.881 acre tract conveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume 671, Page 675 of the Official Public Record of Tom Green County, Texas; THENCE with the east right-of-way line of Covington Road and west line of said 93.881 acre tract, N. 0°13’24” E. a distance of 3366.92 feet to the northwest corner of said 93.881 acre tract and a southwest corner of said 501.327 acre tract; THENCE along the east right-of-way line of Covington Road and with the west line of said 501.327 acre tract, N. 0°13’24” E. at 3970.78 feet past the northwest corner of said 501.327 acre tract and the south right-of-way line of Motl Road, in all a distance of 4020.78 feet to the southwest corner of Tract D, Leon A. Burk Subdivision as recorded in Volume 4, Page 362 of the Plat Records of Tom Green County, Texas;

THENCE along the east right-of-way line of Covington Road and east line of said Leon A. Burk Subdivision, N. 0°08’09” E. a distance of 1211.84 feet to the northwest corner of said Leon A. Burk Subdivision and the south right-of-way line of F.M. Hwy. 2105; THENCE with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’40” W. at 22.34 feet past the northeast corner of a certain 316.879 acre tract conveyed from Frank Book, Jr. to the City of San Angelo as recorded in Volume 1230, Page 827 of the Official Public Records of Tom Green County, Texas, in all 2637.00 feet; THENCE continuing with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’33” W. a distance of 14.83 feet to the northwest corner of said 316.879 acre tract; THENCE along the west line of said 316.879 acre tract, S. 0°25’03” W. a distance of 5237.90 feet to the southwest corner of said 316.879 acre tract; THENCE crossing East 50th Street, S. 32°25’52” W. a distance of 29.77 feet to the northwest corner of a certain 131 acre tract conveyed from The First City National Bank of San Angelo to the City of San Angelo as recorded in Volume 669, Page 562, Deed Record of Tom Green County, Texas; THENCE along the west line of said 131 acre tract, S. 0°15’01” W. a distance of 4920.59 feet to the northeast corner of a certain 11.877 acre tract conveyed from Lazy E Family Limited Partnership to Angelo Pellets, Inc. as recorded in Volume 793, Page 938 of the Official Public Records of Tom Green County, Texas; THENCE with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 545.46 feet; THENCE continuing with the north line of said 11.877 acre tract, N. 0°08’22” W. a distance of 100.25 feet to the most northern northeast corner of said 11.877 acre tract; THENCE continuing with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 759.89 feet to the northwest corner of said 11.877 acre tract; THENCE with the west line of 11.877 acre tract, S. 2°05’33” E. a distance of 441.42 feet, to the existing city limits line; THENCE along the existing city limits line and along the south line of said 11.877 acre tract, S. 89°51’58” E. a distance of 1287.99 feet to the southeast corner of said 11.877 acre tract and the southwest corner of said 131 acre tract; THENCE along the existing city limits line and south line of said 131 acre tract, S. 89°52’04” E. a distance of 103.64 feet to the north right-of-way line of South Orient Railroad; THENCE with the existing city limits line and crossing South Orient Railroad and Old Ballinger Highway, N. 87°28’49” E. a distance of 327.09 feet to the southeast right-of-way line of Old Ballinger Highway and the northwest corner of Lot 1 in Block 1 of the Martifer Addition, as shown on the subdivision plat of Martifer Addition, Section One, which is recorded on Slide 191 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 89º 35’ 45” E. for a distance of 1038.96, coinciding with a north boundary of Lot 1 in Block 1 of said Martifer Addition, the same point being the southwest

corner of Tract 1 in the N.A. Austin Subdivision, a plat of which is recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 89º 21’ 43” E. for a distance of 1198.78 feet, coinciding with another north boundary of Lot 1 in said Block 1, to the most northerly northeast corner of said Lot 1 in Block 1 of the Martifer Addition, the same point also being the southernmost southeast corner of Tract 3 in the N. A. Austin Subdivision, a plat of which is recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 57º 11’ 30” E. for a distance of 518.27 feet, coinciding with a northeast boundary of Lot 1 in Block 1 of said Martifer Addition, to another point along the combined northeast boundaries of Lot 1 in said Block 1; THENCE along an existing City limits line, S. 57º 10’ 02” E. for a distance of 998.39 feet, coinciding with another northeast boundary of said Lot 1, to a point at the southwest corner of right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition, Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in Cabinet C of Plat Records for Tom Green County, Texas, said point also being at the intersection of two northeast boundaries of Lot 1 in Block 1 of the Martifer Addition; THENCE along an existing City limits line, S. 57º 11” 28” E. coinciding with the south line of right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition, Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in Cabinet C of Plat Records for Tom Green County, Texas, at 40.23 feet past the most easterly northeast corner of Lot 1 in Block 1 of the Martifer Addition, in all 80.46 feet to the southwest corner of Tract G in said Paul Gregory Addition, as shown on the subdivision plat of Paul Gregory Addition, Section One; THENCE along an existing City limits line, S. 57º 11’ 30” E. coinciding with the south boundary of all 38.003 acres encompassed by the subdivision shown on the recorded plat of Paul Gregory Addition, Section One, 590.81 feet past the southeast corner of Tract G in the Paul Gregory Addition and 670.81 feet past the southwest corner of Tract A in the Paul Gregory Addition, in all 1330.81 feet to the POINT OF BEGINNING and containing an area of 1336.04 acres of land.

EXHIBIT “B” Plan for extension of municipal services to approximately 1310 total acres composed of the following: 128 acres out of J. Fenner Survey 1, 77 acres out of Bullock Survey 10, 329 acres out of Mrs. Julia A. Egglestone Survey 2, 29 acres out of J. Pointevent Survey 1113, 653 acres out of Washington County Railroad Co. Surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas, annexed to the City of San Angelo on December 20, 2011.

SERVICES PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. 2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. Furthermore, the City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. 3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Trashaway Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City’s contractor has access to such property requested to be serviced. 4. MAINTAINING WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas will make arrangements to extend water mains, to serve the newly annexed area. The City Council for the City of San Angelo, Texas believe that adequate sewer mains exist for point-of-use connection and serviceable extensions, to provide sewer service within the newly annexed territory, extending such mains pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such polices and/or ordinances may be amended. 5. MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar land use, population density and topography.

Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). 6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation. In the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES

AND/OR SOLID WASTE COLLECTION The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 3 years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains exist for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to

applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC

FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density and topography. SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory’s annexation to the City of San Angelo, Texas.

EXHIBIT “A” legal description of area encompassed by annexation of land located northeast of San Angelo, Tom Green County, Texas

LEGAL DESCRIPTION OF THE ENCOMPASSED AREA BY ANNEXATION OF LAND LOCATED NORTHEAST OF SAN ANGELO’S EXISTING CITY LIMITS: BEING an area of 1336.04 acres of land out of J. Fenner Survey 1, Abstract 4985, Wm. Bullock Survey 10, Abstract 8134, Mrs. Julia A. Egglestone Survey 2, Abstract 4984, J. Pointevent Survey 1113, Abstract 4873, Washington County Railroad Co. Survey 179, Abstract 4032 and Washington County Railroad Co. Survey 178, Abstract 8474, Tom Green County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on San Angelo’s existing city limits line, said point being the southern corner of Tract A, Paul Gregory Addition, Section One, as recorded in Volume 4, Page 245 of the County Clerk’s Plat Records for Tom Green County, Texas; THENCE following the existing city limits line and the northwest right of way line of U.S. Hwy. 67 & 277 and the east line of said Paul Gregory Addition, Section One and Section Two, N.32°48’30” E. a distance of 1607.63 feet to a point being a northwesterly projection of the southwest boundary of a certain 200 acre tract conveyed from the City of San Angelo to Tom Green County as described in deed recorded in Volume 577, Page 71 of the Official Public Records of Tom Green County, Texas; THENCE following the existing city limits line and crossing U.S. Hwy. 67 & 277, S. 57°13’37” E. a distance of 355.29 feet intersecting the southeast right-of-way line of U.S. Hwy. 67, said point being the west corner of said 200 acre tract and the north corner of a certain 22.27 acre tract conveyed from Pride Companies, L.P. to Delek Marketing & Supply, L.P. as described in deed recorded in Instrument No. 615910 of the Official Public Records of Tom Green County, Texas, in all a distance of 2675.62 feet to the south corner of said 200 acre tract; THENCE along the southeast line of said 200 acre tract, N. 32°46’23” E. a distance of 4263.23 feet to the east corner of said 200 acre tract; THENCE along the northeast line of said 200 acre tract, N. 57°13’37” W. a distance of 1994.86 feet to the northernmost corner of said 200 acre tract and the southeast corner of a certain 4.370 acre tract as described in deed from Norwest Bank Texas, N.A. to Marvin V. Blumentritt as recorded in Volume 619, Page 257 of the Official Public Records of Tom Green County, Texas; THENCE along the south line of said 4.370 acre tract and northwest line of said 200 acre tract, S. 70°21’11” W. a distance of 553.06 feet to a point on the southeast right of way line of U.S. Hwy. 67 & 277; THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line of said 200 acre tract, S. 27°59’12” W. a distance of 184.45 feet;

THENCE along the southeast right of way line of U.S. Hwy. 67 & 277 and northwest line of said 200 acre tract, S. 32°48’45” W. a distance of 325.15 feet; THENCE crossing U.S. Hwy. 67 & 277, N. 85°28’47” W. a distance of 804.47 feet to the northwest right-of-way line of U.S. Hwy. 67 & 277 and the northeast corner of Tract I, Paul Gregory Addition, Section Two as recorded in Volume 4, Page 414 of the Plat Records of Tom Green County, Texas, and the southeast corner of a certain 167.292 acre tract described in Exhibit ‘H’ in Instrument No. 648798 of the Official Public Records of Tom Green County, Texas; THENCE along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract following a curve to the left, having a radius of 3703.62 feet, central angle of 7°25’37”, arc length of 480.08 feet, and whose long chord bears N. 3°51’25” E. a distance of 479.74 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 0°08’47” E. a distance of 540.83 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 9°05’24” W. a distance of 405.25 feet; THENCE continuing along the west right-of-way line of U.S. Hwy 277 and east line of said 167.292 acre tract, N. 0°08’36” E. a distance of 1125.25 feet to the northeast corner of said 167.292 acre tract; THENCE crossing Old Ballinger Hwy. and South Orient Railroad, N. 2°47’09” W. a distance of 284.87 feet to the southeast corner of a certain 501.327 acre tract conveyed from Norwest Bank Texas, N.A. to Wilbert B. Block as recorded in Volume 588, Page 84 of the Official Public Records of Tom Green County, Texas; THENCE along the northwest right-of-way line of South Orient Railroad and southeast line of said 501.327 acre tract, S. 53°48’10” W. a distance of 3759.22 feet to the southwest corner of said 501.327 acre tract and the southeast corner of a certain 4.000 acre tract conveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume 663, Page 404 of the Official Public Records of Tom Green County, Texas; THENCE with the east line of said 4.000 acre tract, N.0°19’19” E. a distance of 229.75 feet to the northeast corner of said 4.000 acre tract; THENCE with the north line of said 4.000 acre tract, S. 53°48’10” W. a distance of 943.33 feet to the northwest corner of said 4.000 acre tract; THENCE with the west line of said 4.000 acre tract, S. 0°19’19” W. a distance of 229.75 feet to the southwest corner of said 4.00 acre tract and in the northwest right-of-way line of South Orient Railroad;

THENCE with the northwest right-of-way line of South Orient Railroad, S. 53°48’10” W. a distance of 942.28 feet to the intersection of the east right-of-way line of Covington Road and the southwest corner of a certain 93.881 acre tract conveyed from Glenda Martindale to Martin Sprocket & Gear, Inc. as recorded in Volume 671, Page 675 of the Official Public Record of Tom Green County, Texas; THENCE with the east right-of-way line of Covington Road and west line of said 93.881 acre tract, N. 0°13’24” E. a distance of 3366.92 feet to the northwest corner of said 93.881 acre tract and a southwest corner of said 501.327 acre tract; THENCE along the east right-of-way line of Covington Road and with the west line of said 501.327 acre tract, N. 0°13’24” E. at 3970.78 feet past the northwest corner of said 501.327 acre tract and the south right-of-way line of Motl Road, in all a distance of 4020.78 feet to the southwest corner of Tract D, Leon A. Burk Subdivision as recorded in Volume 4, Page 362 of the Plat Records of Tom Green County, Texas; THENCE along the east right-of-way line of Covington Road and east line of said Leon A. Burk Subdivision, N. 0°08’09” E. a distance of 1211.84 feet to the northwest corner of said Leon A. Burk Subdivision and the south right-of-way line of F.M. Hwy. 2105; THENCE with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’40” W. at 22.34 feet past the northeast corner of a certain 316.879 acre tract conveyed from Frank Book, Jr. to the City of San Angelo as recorded in Volume 1230, Page 827 of the Official Public Records of Tom Green County, Texas, in all 2637.00 feet; THENCE continuing with the south right-of-way line of F.M. Hwy. 2105, N. 89°44’33” W. a distance of 14.83 feet to the northwest corner of said 316.879 acre tract; THENCE along the west line of said 316.879 acre tract, S. 0°25’03” W. a distance of 5237.90 feet to the southwest corner of said 316.879 acre tract; THENCE crossing East 50th Street, S. 32°25’52” W. a distance of 29.77 feet to the northwest corner of a certain 131 acre tract conveyed from The First City National Bank of San Angelo to the City of San Angelo as recorded in Volume 669, Page 562, Deed Record of Tom Green County, Texas; THENCE along the west line of said 131 acre tract, S. 0°15’01” W. a distance of 4920.59 feet to the northeast corner of a certain 11.877 acre tract conveyed from Lazy E Family Limited Partnership to Angelo Pellets, Inc. as recorded in Volume 793, Page 938 of the Official Public Records of Tom Green County, Texas; THENCE with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 545.46 feet; THENCE continuing with the north line of said 11.877 acre tract, N. 0°08’22” W. a distance of 100.25 feet to the most northern northeast corner of said 11.877 acre tract;

THENCE continuing with the north line of said 11.877 acre tract, N. 89°51’58” W. a distance of 759.89 feet to the northwest corner of said 11.877 acre tract; THENCE with the west line of 11.877 acre tract, S. 2°05’33” E. a distance of 441.42 feet, to the existing city limits line; THENCE along the existing city limits line and along the south line of said 11.877 acre tract, S. 89°51’58” E. a distance of 1287.99 feet to the southeast corner of said 11.877 acre tract and the southwest corner of said 131 acre tract; THENCE along the existing city limits line and south line of said 131 acre tract, S. 89°52’04” E. a distance of 103.64 feet to the north right-of-way line of South Orient Railroad; THENCE with the existing city limits line and crossing South Orient Railroad and Old Ballinger Highway, N. 87°28’49” E. a distance of 327.09 feet to the southeast right-of-way line of Old Ballinger Highway and the northwest corner of Lot 1 in Block 1 of the Martifer Addition, as shown on the subdivision plat of Martifer Addition, Section One, which is recorded on Slide 191 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 89º 35’ 45” E. for a distance of 1038.96, coinciding with a north boundary of Lot 1 in Block 1 of said Martifer Addition, the same point being the southwest corner of Tract 1 in the N.A. Austin Subdivision, a plat of which is recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 89º 21’ 43” E. for a distance of 1198.78 feet, coinciding with another north boundary of Lot 1 in said Block 1, to the most northerly northeast corner of said Lot 1 in Block 1 of the Martifer Addition, the same point also being the southernmost southeast corner of Tract 3 in the N. A. Austin Subdivision, a plat of which is recorded on Page 645 in Volume 154 of Deed Records on Slide 61 in Cabinet G of Plat Records for Tom Green County, Texas; THENCE along an existing City limits line, S. 57º 11’ 30” E. for a distance of 518.27 feet, coinciding with a northeast boundary of Lot 1 in Block 1 of said Martifer Addition, to another point along the combined northeast boundaries of Lot 1 in said Block 1; THENCE along an existing City limits line, S. 57º 10’ 02” E. for a distance of 998.39 feet, coinciding with another northeast boundary of said Lot 1, to a point at the southwest corner of right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition, Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in Cabinet C of Plat Records for Tom Green County, Texas, said point also being at the intersection of two northeast boundaries of Lot 1 in Block 1 of the Martifer Addition; THENCE along an existing City limits line, S. 57º 11” 28” E. coinciding with the south line of right-of-way dedicated for Smith Drive on the subdivision plat of Paul Gregory Addition,

Section One, which said plat is recorded on Page 245 in Volume 4 on Slide 246 in Cabinet C of Plat Records for Tom Green County, Texas, at 40.23 feet past the most easterly northeast corner of Lot 1 in Block 1 of the Martifer Addition, in all 80.46 feet to the southwest corner of Tract G in said Paul Gregory Addition, as shown on the subdivision plat of Paul Gregory Addition, Section One; THENCE along an existing City limits line, S. 57º 11’ 30” E. coinciding with the south boundary of all 38.003 acres encompassed by the subdivision shown on the recorded plat of Paul Gregory Addition, Section One, 590.81 feet past the southeast corner of Tract G in the Paul Gregory Addition and 670.81 feet past the southwest corner of Tract A in the Paul Gregory Addition, in all 1330.81 feet to the POINT OF BEGINNING and containing an area of 1336.04 acres of land.

EXHIBIT “B” plan for extension of municipal services to approximately 1310 total acres composed of the following: 128 acres out of J. Fenner Survey 1, 77 acres out of Bullock Survey 10, 329 acres out of Mrs. Julia A. Egglestone Survey 2, 29 acres out of J. Pointevent Survey 1113, 653 acres out of Washington County Railroad Co. Surveys 178 and 179, and 94 acres of highway and railroad right-of-way in Tom Green County, Texas, annexed to the City of San Angelo on December 20, 2011.

SERVICES PROVIDED WITHIN SIXTY (60) DAYS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION

The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. 2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE

The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. Furthermore, the City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. 3. SOLID WASTE COLLECTION

At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Trashaway Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City’s contractor has access to such property requested to be serviced. 4. MAINTAINING WATER AND WASTEWATER FACILITIES

During the next 3 years, the City Council of the City of San Angelo, Texas will make arrangements to extend water mains, to serve the newly annexed area. The City Council for the City of San Angelo, Texas believe that adequate sewer mains exist for point-of-use connection and serviceable extensions, to provide sewer service within the newly annexed

territory, extending such mains pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such polices and/or ordinances may be amended. 5. MAINTAINING ROADS, STREETS AND ALLEYWAYS

Any and all roads, streets or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). 6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS

The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS

The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation. In the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL

SERVICES AND/OR SOLID WASTE COLLECTION

The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 3 years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES

During the next 3 years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains exist for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS

Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. Within 3 years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER

PUBLIC FACILITIES OR BUILDINGS

To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density and topography. SPECIFIC FINDINGS:

The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory’s annexation to the City of San Angelo, Texas.

City of San

Angelo

Memorandum Date: December 4, 2011


From: Carl White, Parks and Recreation Director


Caption: Regular Agenda Item

Presentation on the Santa Fe Municipal Golf Course by Two Pro Management, including an update on improvements and programs ___________________________________________________________________________________ Summary: Two Pro Management will give a presentation on the Santa Fe Golf Course at the City Council meeting on December 20, 2011. The presentation will contain the key information:

• Report on the improvements of the course (including pro shop improvements and landscape improvements).

• Consideration of future improvements of the course (including well drilling, screen improvements, additional landscape improvements and establishment of an outdoor food court/café).

• Report on the first year of operation of the course. • Report on player fees for the course. • Report on marketing efforts for the course. • Report on programming for the course. • Report on maintenance and operation of the course.

History, Recent:

• City Council authorized City Staff to negotiate and execute a management services contract with Two Pro Management on May 18, 2010. The agreement was executed on June 14, 2010.

• Santa Fe Golf Course closed for renovations on June 21, 2010, and Two Pro Management immediately began oversight of renovations.

• Santa Fe Golf Course re-opened on September 11 after being closed a few months for renovation. • Two Pro Management gave the first report to City Council on September 21, 2010. • Two Pro Management gave the second report to City Council on February 15, 2011.

Financial Impact: There is no new financial impact. Other Information/Recommendation: N/A Attachments: None Presentation: Verbal/PowerPoint Publication: N/A Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, December 5, 2011

12/15/2011

1

Santa Fe Golf CourseDecember 2011

Quarterly Report

Two Pro Management

Course Update – Rounds of golf 7695 (slightly down)

M b hi 37 ( 20%)– Memberships 37 (up 20%)

– Out of town/tourn. rounds 805 includes events

– Junior Tournament Players 271

Santa Fe Staff– Santa Fe StaffDuane Poss Golf managerTim Gaestel Junior Golf DirectorDerek Shropshire Golf maintenance

12/15/2011

2

Financial Info

• P/L Income 158,851.00 (includes full subsidy)

• P/L Expense 166,545.00

• Year end numbers not completely final.

• Lack of advertising dollars significantly impact ability to turn profit.

• Hardest winter and hardest summer in years.

• Water rate increase doubles original estimates.

Advertising

• Ordinance issues related to park created lost l trevenue last year.

• The true success will be related to the ability to sell the facility for advertising.

• A full year of true expense without proper advertising will force the project into the redadvertising will force the project into the red.

12/15/2011

3

Water Issues

• Increase in water rates threaten cost effectiveness. effectiveness.

• City staff and Two Pro very willing to work together to find resolution.

• Desire to drill wells in January.• Continue to look for alternative sources.• Need Council support to move forward if water source is found, propose to come back to council should we find water source prior to implementation of any alternative source.

Memberships/Fees• Annual membership options per year

– Senior $250.00

Military $250 00– Military $250.00

– Individual $300.00

– College $250.00 In College

– Student $200.00 High School

– Green Fees 8.00 Weekdays for 18

– Green Fees 10.00 Weekends For 18

– Pull Carts Rental 3.00

– Club Rental 10.00

– We do offer city discounts

12/15/2011

4

Golf Programs in Progress

• San Angelo Jr High Golf Team‐ 30 Jr Golfers.

• Ambleside Jr Golf Program‐ 20 Jr Golfers

• San Angelo Catholic School‐ 20 Jr Golfers

• YMCA Jr Golf Clinic‐ 20 Jr Golfers

• Boys and Girls Club‐ 10 Jr Golfers

• Night golf Friday Dec 17th 20Jr Golfers

Tim Gaestel

12/15/2011

5

Golf Class

Junior High Team on the Road

12/15/2011

6

Winter/Spring Programs

• Private School Programming.

• Weekly scrambles.

• Night Golf.

• ASU Classes.

• Junior High golf tourneys.

• Ongoing Golf lesson programs.

• Weekly walk up short game clinics.

Projects

• Finish capital screen project.

• Clubhouse renovation.

• Resolve water issues with possible wells.

• Concho River Bank Project.

12/15/2011

7

Threats

• Hard Freeze on young greens.

• Lack of water.

• Water rate increase.

• Advertising issues.

City of San Angelo



From: Lisa Marley, Human Resources & Risk Management Director


Contact: Christy Nesbitt, R.N., Wellness Coordinator, 947-6888

Caption: Regular Item

Update on participation and status of Employee Wellness Program.

_________________________________________________________________________________

Summary: Christy Nesbitt, R.N., Wellness Coordinator, will present an update on the status and baseline findings of the Employee Wellness Program. History: When the City solicited bids for the operation of the Employee Health Clinic, part of the bid process was to implement a full scale Wellness Program for City employees. San Angelo Community Medical Center provides a Wellness Coordinator to operate the Employee Wellness Program at the Employee Health Clinic. August 1, 2011 marked the official launch of the Wellness Program for City of San Angelo employees. Over the following eight weeks, health screening meetings were held where employees completed the Health Risk Assessment (HRA) questionnaire and submitted to the health screening. The HRA and health screening is designed to identify risk factors in the following areas: overall wellness; heart health; cancer risk; diabetes score; osteoporosis risk; nutrition; physical fitness; mental health; safety practices and weight related risks. Blood pressure, height, weight and a small blood sample are the components of the health screening. At the September 6, 2011 City Council meeting, Council approved charging employees, who participate in the City health insurance, an additional 20% in insurance premiums for failure to complete the HRA and health screening. The HRA and health screening was optional for those employees not enrolled in the City provided health insurance. Eight hundred and thirty-four (834) employees participated in the program, leaving sixteen (16) who will be charged $74.15 per month for not participating in the program starting in January 2012. Financial Impact: None to the City. The funds generated from the non-participants by way of increased health insurance premiums will be used to fund future program events. Attachments: None. Reviewed by Director: Lisa Marley, Director of Human Resources & Risk Management, December 12, 2011.

City of San Angelo



From: Lisa Marley, Human Resources & Risk Management Director


Contact: Lisa Marley, Human Resources & Risk Management Director, 657-4221


Discussion and decision on usage of the Early Retiree Reinsurance Program (ERRP) reimbursement for 2010 health insurance claims in the amount of $343,287.50

_________________________________________________________________________________

Summary: Discussion and decision on how to use the $343,287.50 reimbursement from the Early Retiree Reinsurance Program (ERRP). History: In June 2010, the City of San Angelo learned of the opportunity to apply for the ERRP and in July 2010, submitted an application for the program. Acceptance was received on August 31, 2010. The ERRP reimburses plans 80% for certain individual claims that reach the “cost threshold” of $15,000 and are under the “cost limit” of $90,000. Eligible claims by early retirees (those age 55 but not yet eligible for Medicare) must be for chronic and high-cost conditions for which $15,000 or more in health benefit claims are likely to be incurred during a plan year by one participant. On December 8, 2011, the City received an ERRP wire transfer from the US Department of the Treasury in the amount of $343,287.50 for claims from 2010. This amount represents reimbursement for qualified claims that were paid by the self-insurance fund. The ERRP statute limits the permissible uses of ERRP proceeds:

Pursuant to 45 CFR §149.200, a sponsor must use the proceeds under this program (1) to reduce the sponsor’s health benefit premiums or health benefit costs, (2) to reduce plan participants’ health benefit premium contributions, copayments, deductibles, coinsurance, or other out-of-pocket costs, or any combination of these costs, or (3) to reduce any combination of the costs specified in (1) and (2). Proceeds received pursuant to this program may not be used as general revenue of the sponsors. Thus, to the extent a sponsor decides to use the reimbursement for its own purposes, it may use the reimbursement only to offset increases in the sponsor’s health benefit premiums or health benefit costs.

Financial Impact: Funds from the reimbursement ($343,287.50) will offset present or future costs for the City and/or plan participants. Attachments: None. Reviewed by Director: Lisa Marley, Director of Human Resources & Risk Management, December 13, 2011.

City of San Angelo

Memo Date: November 18, 2011


From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 12/06/2011 Council Meeting

Contact:


Consideration and possible approval of an ordinance amending Chapter 12.900 entitled “Tax Increment Reinvestment Zone” of the San Angelo Code of Ordinances by amending Section 12.902, entitled Tax Increment Reinvestment Zone Boundaries; providing for severability; and, providing for an effective date.

Summary: At its regular meeting of October 26, 2011 the TIRZ Board reviewed proposed changes to the TIRZ Boundary to add three parcels to the South TIRZ .As a result the TIRZ Board instructed staff to investigate any possible additions to the North TIRZ area and approved the proposed changes to the South TIRZ. At its regular meeting of November 16, 2011 the TIRZ Board approved the proposed revisions to the TIRZ boundary to include the addition of one parcel in the North TIRZ area recommending the changes to the boundary for submittal to Council.

History: At its regular meeting of December 19, 2006, City Council approved an ordinance establishing the Tax Increment Reinvestment Zone (TIRZ #1) in North and Central San Angelo. Prior to that date the TIRZ Boundary and Preliminary Project Plan and Reinvestment Zone Financing Plan were prepared by Spillette Consulting.

Staff has proposed adding a total of three parcels in the South TIRZ and one parcel in the North TIRZ to the boundary specified previously. The addition in the North TIRZ is intended to consolidate property owned by a single entity, the remainder of whose property in the immediate vicinity is already contained within the TIRZ Boundary. The three additions in the South TIRZ include the Lowes Grocery Store at Main & Harris, a vacant lot at Washington & Oakes and the new SKG Engineering building under construction at Avenue C & Abe. It is anticipated that inclusion of these three parcels will help increase the South TIRZ account.

Financial Impact: Varies

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: TIRZ Minutes Excerpt 10-26-2011;TIRZ Minutes Excerpt 11-16-2011; Ordinance to Amend Section 12.902; Exhibit A

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:

Reviewed by Director:

Shawn Lewis

Approved by Legal: 11/30/2011

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, OCTOBER 26, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, Mike Campbell, Bob Pfluger, Rebekah Brackin,

Craig Kinney, Nelly Perez, Roger Allen, & David Mazur ABSENT: Gerard Gallegos (AU); John Calvert (AU); David Mazur (AE);

William Dendle (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

VI. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the South TIRZ.

Shawn Lewis came forward to present this request. He explained that a tax credit project is in the works and the developer discussing this with staff asked that the TIRZ boundary be expanded. By doing research, staff discovered that the project plan for the TIRZ has not been finalized, and thus, the boundaries could be expanded.

The expansions proposed by staff include the location of Lowes grocery store, a vacant lot along South Oakes near Avenue D (south of the Paseo), and the new SKG facility on South Abe Street.

Bob Pfluger asked how many times the boundaries could be changed. Bob Schneeman explained that this would be the finalization. However, amendments can be made in the future if the appropriate process is followed.

Lee Pfluger asked what the timing would be on this. Mr. Lewis replied that it needed to be done by December. Mr. Pfluger asked if they had looked at the northern zone. Mr. Lewis replied that they had not, and Mr. Pfluger urged them to do so.

Motion, to adopt the modifications to the South TIRZ as presented and to direct staff to examine possible examination of areas for modification and expansion in the North TIRZ, was made by Craig Kinney and seconded by Roger Allen. The motion passed unanimously, 7-0.

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, NOVEMBER 16, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, John Calvert, David Mazur, Bob Pfluger, Rebekah

Brackin, Mike Campbell, Roger Allen, Nelly Perez ABSENT: William Dendle (AE), Gerard Gallegos (AU), Craig Kinney (AE),

Rod Villegas (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager Clinton Bailey, City Engineer Blake Wilde, Project Engineer

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

II. Public comment. The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the October 26, 2011 meeting.

The minutes were deferred until the next meeting as there was a distribution issue and they were not included in the packets.

IV. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the North and South TIRZ

Shawn Lewis, Director of Community and Economic Development, came forward to present this item. He reminded the board that, at their October 26 meeting, they had authorized staff to make three changes to the TIRZ boundary; the first, to add a parcel of property now being built on by SKG Engineering to the southwest contiguous to the area, the second, to include Lowes grocery store on Beauregard and Main, and the third, a vacant piece of property across from Fort Concho. Mr. Lewis also reviewed that the finalization had not been completed for the TIRZ before, and that this presented an opportunity to expand the boundaries. Staff added all Hirschfeld properties into

the north TIRZ zone. Staff is asking the board members to approve a) adding the additional property identified into the north TIRZ zone, and b) shifting the dividing line between the north and south TIRZ.

Motion, to include the Hirschfeld property, was made by David Mazur and seconded by Roger Allen. The motion passed unanimously, 9-0.

Mr. Lewis continued his presentation, explaining that there is often confusion about the dividing line between the north and south zones. When originally drawn, the Multi-Modal facility was deliberately placed in the north zone in the TIRZ. Mr. Lewis explained that this confusion often creates problems when some property owners are in the zone and their neighbors are just outside. Staff recommends moving the dividing line to Houston Harte leaving just the Multi-Modal facility and related pedestrian amenities in the north zone.

Lee Pfluger stated that there are not two zones, only one, and that this is an internal issue. There will always be issues with differences, and people need to just learn where the lines are. Johnny Calvert stated that he didn’t see this helping the situation any. David Mazur disagreed, explaining that Houston Harte is definitely a dividing line, and has always been assumed as such, and this makes it clearer. Roger Allen also liked Houston Harte as being the dividing line. Mike Campbell explained that the jog around the Multi-Modal still creates problems. Bob Pfluger said he thought moving the entire line to Houston Harte would be easier, but understood that could create some issues. Lee Pfluger said that pulling lots from one area into another (south of Houston Harte for the first few blocks) would be controversial. David Mazur explained that there are mostly warehouses. Mr. Lewis explained that the area in question is prime for redevelopment and noted that it could be strategically beneficial.

There were no other comments and no action was taken.

AN ORDINANCE AMENDING CHAPTER 12.900 ENTITLED “TAX INCREMENT REINVESTMENT ZONE” OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING SECTION 12.902, ENTITLED “TAX INCREMENT REINVESTMENT ZONE BOUNDARIES”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

WHEREAS, on December 19, 2006, pursuant to V.T.C.A., Tax Code, Chapter 311, Tax Increment Financing Act, (”Act”) the City Council of the City of San Angelo, Texas by ordinance created a tax increment reinvestment zone named “Reinvestment Zone Number One, City of San Angelo,” (“Zone”) to preserve the near and long term integrity of the economic and social investment in the designated area and needed to encourage additional new projects within the designated area of the city; and

WHEREAS, said ordinance is codified in the San Angelo Code of Ordinances, Article 12.900, entitled “Tax Increment Reinvestment Zone”, and pursuant to the V.T.C.A., Tax Code, Section 311.004, entitled “Contents of Reinvestment Zone Ordinance or Order”, certain provisions are required to be incorporated into Article 12.900; and

WHEREAS, pursuant to V.T.C.A., Tax Code, Section 311.007, entitled “Changing

Boundaries of Existing Zones”, the governing body that created the zone may by ordinance reduce or enlarge the boundaries of an existing reinvestment zone, and the City Council of the City of San Angelo desires to change the boundaries of the existing zone by enlarging the zone by seventeen acres, more or less;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, THAT: Section 1. THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. THAT, Section 12.902, entitled “Tax Increment Reinvestment Zone Boundaries”, is hereby amended to read as follows:

The “Reinvestment Zone Number One, City of San Angelo” boundaries are designated to include only that territory described in Exhibit “A”, incorporated herein for all purposes, consisting of 1331 Acres, more or less, located centrally within the corporate limits of the City of San Angelo, Tom Green County, Texas”

Section 3. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being

the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, invalidity or void finding of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Section 4. THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 2011, and finally PASSED, APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO, TEXAS ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Shawn Lewis, Director of Community & Lysia H. Bowling, City Attorney Economic Development

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©T.I.R.Z.1331 acres

LegendT.I.R.Z. Boundary

District 1

District 2

District 3

District 4

District 5

District 6

T.I.R.Z. North671 Acres (29,148,166 sq.ft.)

T.I.R.Z. South660 Acres (28,332,259 sq.ft.)

Path: K:\tirz\workarea\tirz_ap_to council.mxd

Exhibit A

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-19: Maranatha Church

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,


SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, shall henceforth be permanently zoned as follows: Low Rise Multifamily Residential (RM-1) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 20th day of December, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of January, 2012.


by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)

District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 11-19: Maranatha Church
















by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo

Memo

Meeting Date: December 20, 2011

To: City Council members

From: Kari LeBoeuf, Planner

Subject: Z 11-19, a request for approval of a zone change from Two-Family Residential (RS-2) District to Low Rise Multi-family Residential (RM-1) District on the following property:

Location: 80 East 18th Street, on the northwest corner of East 18th Street

and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo.

Contacts: William Hickman 325-212-5420

AJ Fawver, Planning Manager 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 11-19: Maranatha Church

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

approve the proposed zone change as presented; or modify the application to some alternative zoning classification believed to be more appropriate, in which case another public hearing will need to be scheduled.

deny the proposed zone change as presented; or

Recommendation: Planning Commission and City staff recommend approving the proposed Zone Change. Planning Commission’s vote of approval was 5-1 with Ben Jenkins dissenting.

History and Background:

General Information for Existing Use

Existing Zoning: Two-Family Residential (RS-2) Existing Land Use: Vacant Apartments Surrounding Zoning/Land Use: North: RS-2 Residences West: RS-2 Residences South: RS-2 Residences East: RS-2 Church

Thoroughfares/Streets: East 18th Street is classified as a “local” street

which is designed to carry light neighborhood traffic. Henderson Street is also classified as a “local” street. East 19th Street, one block north, is classified as a “collector” street designed to collect the light neighborhood traffic and carry it all to the larger thoroughfares that connect points of interest throughout the city.

Zoning History: Prior to 2000, this lot was zoned R-2 which

translated to RS-2 with the new Zoning Ordinance. On September 18, 2006, CU 06-13 was granted allowing for meeting and educational facilities for a church on this site.

Applicable Regulations: Zoning Ordinance Section 303. Residential District Intent Statements

“C. RS-2 (Two-Family Residential) District The Two-Family Residential District is intended to

provide opportunities for development of detached single-family residences and two-family residences at medium densities.”

Section 501. Residential Development Standards: Minimum Lot Size – 6,500 sq ft. Minimum Front Yard – 25 ft

Minimum Side Yards – 5 ft Minimum Rear Yards – 20 ft Maximum Floor Area Ratio – 0.5 (50%) Maximum Building Height – 35 feet Vision Plan Map: Neighborhood

Special Information for Proposed Use

Proposed Zoning: Low Rise Multifamily Residential (RM-1) Proposed Land Use: Small Group Living Facility Applicable Regulations: Zoning Ordinance Section 303. Residential District Intent Statements

“E. RM-1 (Low Rise Multi-Family Residential) District. The Low Rise Multi-Family Residential District is intended to provide opportunities for development of low-rise, two-story or walk-up apartments.”

Section 501. Residential Development Standards: Minimum Lot Size – 7,000 sq ft. Minimum Front Yard – 25 ft

Minimum Side Yards – 10 ft Minimum Rear Yards – 20 ft Maximum Floor Area Ratio – 0.75 (75%) Maximum Building Height – 35 feet Maximum Density – 25 units per acre

Section 313.A.1. Group Living Characteristics “Group Living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of Household Living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Group Living structures may often, but are not required to have a common eating area for residents.” Section 310. Use Table Group Living is allowed by-right in RM-1 Districts.

Related Comp Plan Excerpts: 2009 Strategic Plan Vision Plan Neighborhoods Intent Statement “This section is intended to preserve and

reinforce the stability and diversity of San Angelo neighborhoods while allowing for increased density in order to attract and retain long-term residents and businesses, and ensure the City’s residential quality and economic vitality.”

Transition Areas Goal 2 “Blend intensive commercial areas into

neighborhoods seamlessly. Transition Areas should be used to graduate density…and provide areas for increased housing…options not currently being met.”

Traffic Concerns: There are no traffic concerns regarding this as the

lot is on a corner and only one block from a major collector street.

Parking Requirements: Zoning Ordinance Section 511.B. One (1) parking space per

residential unit within a group living home. Parking Provided: None currently provided. The applicant has a

concurrent application requesting a variance from the required parking. This application will go before the Zoning Board of Adjustments for consideration on December 5, 2011.

Notification Required?: Yes Notifications Sent: 11

Responses in Favor: 1 Responses in Opposition: 6

Analysis:

In order to approve this request, the City Council is required to find that: 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, stormwater 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. On this lot currently sits two small vacant apartment buildings that operated as such for many years, and have been vacant for only a few years. Since this vacancy exceeded one year, the former legally non-conforming status has been lost. This lot is currently zoned RS-2, which is intended for higher density residential such as duplexes and townhomes. A change to RM-1, intended for small apartment buildings, is not a significant increase (25%) in the Floor Area Ratio (FAR) per lot for this neighborhood and would fit with the previous use of the lot. Also, this lot is larger than the minimum RS-2 lot size and meets the minimum lot size for RM-1. Further, this lot is a corner lot one block from a larger thoroughfare. This has some advantages. First, the slight increase in traffic would not have to wind through the neighborhood and so would reduce any impact that could result. Second, it is across the street from a church on Henderson and a car storage yard off of East 19th Street just north. This higher density residential use will help to graduate the intensity between the RS-2 zoning and the nonresidential uses adjacent to it. The Comprehensive Plan’s Vision map calls for ”neighborhood” on this lot and the neighborhood south of East 18th Street. Also, the Vision Map calls for “commercial” zoning along East 19th Street for many blocks east and west of this lot. As a result, this lot backs to that commercial zoning district. This lot, therefore, falls into a transition area. The Comprehensive Plan calls for an increase in the density and types of residential units offered within the City to support the City’s growth and “ensure residential quality and economic vitality.”

Additionally, the Comprehensive Plan calls for transition areas to “blend…commercial areas into neighborhoods [and] graduate density…and provide areas for increased housing…options not currently being met.” This proposed change meets with the intent of the Comprehensive Plan as well as the development patterns of the city as envisioned by the Vision map. Further, this zone change meets the community need for diversified housing options.

Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;

excerpt from zoning map, highlighting subject property; excerpt from Vision Plan map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance. Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (11/15/11)

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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1)

District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: Z 11-19: Maranatha Church
















by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo



From: Jeff Hintz, Planner Subject: Case Number: Z 11-20 Norman Dierschke A request for a zone change from RS-1 (Single Family Residential) to CN (Neighborhood Commercial) on the following property:

Location: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, in northern San Angelo.

Purpose: Approving this request will change the zoning designation from RS-

1 to CN

Contacts: Norman Dierschke 325-944-3596

Jeff Hintz, Planner 325-657-4210

Caption: Z 11-20: Norman Dierschke 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: 3902 Coliseum Drive, specifically occupying Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, changing the zoning classification from Single Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more appropriate; or

(3) deny the proposed zone change Recommendation: City staff recommends approving the proposed zone change. On Wednesday, December 7, 2011 the Planning Commission recommended approval of the zone change by a vote of 6 to 0.


General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant Laundromat Surrounding Zoning/Land Use: North: RS-1 Single-Family Residences West: CG/CH Stripes Gas Station South: CG/CH Church East: RS-1 Single-Family Residences

Thoroughfares/Streets: 39th Street is defined as a “local street” and

Coliseum Drive is defined as a “minor collector” within the thoroughfare plan. “Local streets” are designed to carry light neighborhood traffic while a “minor” collector street is designed to carry light neighborhood traffic to larger thoroughfares.

Zoning History: No previous case history on this property Applicable Regulations: Section 504.A of the Zoning Ordinance requires

that, “…Outdoor storage is allowed adjacent to a principal building wall and may not extend more than five feet.”

Development Standards: A privacy fence is required whenever commercial

property abuts a residential use or district. In this case a privacy fence is required to the north and east of the property.

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: Within the Comprehensive Plan, Goal 3 of

“neighborhoods” is to “improve the relationship between adjacent commercial and residential properties”. CG/CH zoning currently borders the RS-1 properties, a CN zoning would be a more suitable and less harsh buffer between the two.

Special Information

Traffic Concerns: Some additional traffic is expected to be generated since the location is currently vacant..

Parking Requirements: An office requires one space for every 300 square

feet of floor area. Parking Provided: Off-street parking and the path leading to the

parking is required to be paved. Presently there are no paved off-street parking areas on site.

Related Specific Use Standards: N/A Density: Maximum floor area ratio is .6 Notification Required: Yes Notifications Sent: 15

Responses in Favor: 0 Responses in Opposition: 0 Analysis:

In order to approve this request, the City Council members are 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.




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.



The staff recommendation is based upon the statements listed below. The Vision Plan Map component of the Comprehensive Plan calls for the area to be “neighborhood.” Staff feels that CN zoning is compatible with this vision and is consistent with the Zoning Ordinance. However, it should be noted that this is the most intensive the property should be zoned. Anything of a higher intensity could compromise the residential nature of the surrounding properties and be inconsistent with the Plan. CN zoning is intended for smaller, neighborhood-serving businesses. These types of businesses are geared towards the surrounding properties and do not generally generate high amounts of outside automobile or truck traffic. The intersection the property sits on is not intended to carry large amounts of traffic, rather this intersection is the gateway to the neighborhood and the streets function as ones that provide access to thoroughfares for residents. A higher intensity commercial property could generate higher amounts of traffic that the streets in this area are not designed to carry. It is important to note that the property was previously a laundromat and has been closed for more than a year, thus losing its non-conforming status. The property has n’ot been a residence in recent years and is in a location and building that would be suitable for a smaller retail or neighborhood business. The property is located on a corner and near a minor collector street and does enjoy some visibility, due to the proximity of the Coliseum and Fairgrounds. Staff believes this zone change will be consistent with the surrounding area and will not alter development patterns, as this location has generally been used for commercial purposes in the past. This location would serve a community need for a walkable business within the area. The effect on the natural environment will likely be minimal, however paving the required parking spots and a subsequent connection to the street

will certainly alter drainage for the lot as well as the vegetation that is currently present on the unimproved surfaces. Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from the vision plan map from the Comprehensive

Plan, highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.

Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (11/14/11)

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: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-20: Norman Dierschke





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: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, in northern San Angelo, shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.





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.




THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

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: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1 in northern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-20: Norman Dierschke





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: 3902 Coliseum Drive, specifically occupying the Mather Addition No. 2, S 50’ of W. 139.4’ of Block 1, in northern San Angelo, shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.





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.





by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo



From: Jeff Hintz, Planner

Subject: Case number Z 11-22 San Angelo Independent School District

A request for a zone change from RS-1 (Single Family Residential) to

RM-2 (High Rise Multi-Family Residential) on the following property:

Location: 323 Penrose Street, at the southwest corner of Penrose Street and

Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo.

Contacts: Steve Van Hoozer SAISD 947-3838

Jeff Hintz, Planner 325-657-4210

Caption: Z 11-22: San Angelo Independent School District

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: 323 Penrose Street on the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 Acres of G. Blum Survey A-0059 S-0166, changing the zoning classification from Single Family Residential (RS-1) to High Rise Multi-Family Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: Regarding the Zone Change the City Council may:

(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more

appropriate; or (3) deny the proposed zone change

Recommendation: City staff recommends approving the proposed Zone Change.

On Wednesday, December 7, 2011 the Planning Commission recommended approval of the zone change by a vote of 6 to 0.


General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: School Surrounding Zoning/Land Use: North: RS-1 Single Family Residences West: RS-1 Single Family Residences South: RS-1 Single Family Residences East: RS-1 Goodfellow AFB

Thoroughfares/Streets: Penrose, Margie, Greer and Fort McKavett Road

are all defined as “Local Streets” within the thoroughfare plan. Past Paint Rock Road, Fort McKavett Road turns into S. Bell Street and is defined as a “Minor Arterial Street.”

Zoning History: Conditional Use 03-16 allowed for an 80 foot

telecommunications tower on the subject property Conditional Use 11-17 allowed for a school on the

subject property. Applicable Regulations: Schools located within any residential district

requires approval of a Conditional Use Development Standards: N/A Vision Plan Map: Neighborhood

Related Comp Plan Excerpts:

Within the 2009 Comprehensive Plan’s Neighborhood section, Goal 4 states that, “…plans for school facilities should be incorporated into neighborhood plans and developments.”

Special Information

Traffic Concerns: The expansion of the school may generate more traffic; however the flow of traffic is not constant. The traffic is mainly generated near the beginning and ending of the school day.

Parking Requirements: Elementary schools require 1.5 parking spaces

per classroom Parking Provided: Additional parking is anticipated with present

construction on the site Related Specific Use Standards: N/A Density: Floor Area Ratio of 1.00 is allowed in RM-2

Zoning districts. Notification Required: Yes Notifications Sent: 40

Responses in Favor: 5 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.




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.



The staff recommendation is based upon the statements listed below. The vision plan portion of the comprehensive plan calls for this area to be “neighborhood.” To the east is Goodfellow Air Force Base, and the vision plan calls for this area to be institutional; staff believes a school would provide for better transition between the Air Force Base and the surrounding residential properties than simply transitioning from the base to the residential areas. This rather stark contrast is nicely buffered by a RM-2 zone with a school placed on the subject property. Staff believes that an RM-2 zoning designation is compatible with the vision plan map’s designation of “neighborhood.” An RM-2 is consistent with this designation and would allow for development to continue currently and in the future as a neighborhood. An RM-2 zone would allow for multi-story multi-family residential units if the school on the present site were ever vacated, however staff does not anticipate this occurrence as construction is currently ongoing to expand the school. Staff does not anticipate any changed conditions that would require examining the vision plan map for this area. An RM-2 zone is consistent with the neighborhood designation and development patterns in this area are not likely to alter due to the proposed zone change. Changing the zoning on the subject property is not expected to change the type of development allowed on the lot to a degree that would affect the natural environment. While the floor area ratio of an RM-2 zone would allow for more of the property to be covered with structures, there are not any anticipated environmental consequences from the proposed zone change. RM-2 zones do suit a community need for a diverse range of housing options within San Angelo, however in this case the proposed use of the property is to continue as an elementary school. This zone change is not anticipated to alter development patterns in the area as a change to a commercial or industrial would alter development patterns for

the area. The RM-2 zone will keep with the character and allow the school to continue its expansion within the bounds of the zoning ordinance.

Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from the vision map of the comprehensive plan,

highlighting the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and draft ordinance.

Presentation: Jeff Hintz, Planner

Reviewed by: AJ Fawver, Planning Manager (11/14/11)

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: 323 Penrose Street, at the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to High Rise Multi-Family Residence (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-22: San Angelo Independent School District





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: 323 Penrose Street, at the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo shall henceforth be permanently zoned as follows: High Rise Multi-Family Residence (RM-2) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


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: 323 Penrose Street, at the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to High Rise Multi-Family Residence (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-22: San Angelo Independent School District





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: 323 Penrose Street, at the southwest corner of Penrose Street and Fort McKavett Road, specifically occupying 3 acres out of the G. Blum Survey A-0059 S-0166, in eastern San Angelo shall henceforth be permanently zoned as follows: High Rise Multi-Family Residence (RM-2) District.











by:____________________________________

Alvin New, Mayor

ATTEST:


City of San Angelo


To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: modification of boundaries for Downtown Development District

Location: downtown area of San Angelo, see accompanying map

Contacts: A J Fawver, Planning Manager 657-4210

Caption: First public hearing and introduction of an ordinance amending Article 12.1000 entitled “Downtown Development District” of the San Angelo Code of Ordinances by amending Section 12.1005, entitled “Map”; providing for severability, and, providing for an effective date

Summary: After examining a number of downtown-related districts, the Downtown Development Commission recommends that the boundaries for the Downtown Development District as established by ordinance be amended as indicated below. Background:

On August 22nd, the Downtown Development Commission (DDC) looked at other downtown districts that also involved the area within their own district, in response to a request for this information by the Commission at their July 26th meeting. These included:

• Downtown Development District (DDD); • Main Street District; • San Angelo Cultural District; and • Downtown Incentive District.

During this discussion, there was a general consensus that the current boundaries of the DDD should be expanded to include all property within each of the aforementioned areas. In addition, there were comments made regarding an interest in making sure that Surber Drive and the medical area along East Harris and Magdalen were included. The proposed district, does, in fact, include both of these areas. Lastly, there were also suggestions made that the boundaries be expanded to include some areas east of Main Street, south of Washington, and north of Houston Harte.

At the October 6th meeting, there was continued discussion based upon a draft map that staff put together, folding in the suggestions from the August meeting. At the conclusion of this discussion, the Commission directed staff to prepare a new and improved boundary map of the Downtown Development Commission to include areas that were identified to the Commission as relevant to the downtown area. These included the addition of two areas that are part of the Main Street District but not currently included in the Downtown Development District: to the southwest of downtown and to the southeast. Also, the Commission asked to include the corridors of North Bryant Boulevard, North Chadbourne Street, and North Main Street as far north as their intersection with West 14th Street; these act as “gateways” and bring traffic downtown.

During the November 30th meeting, staff presented a final map incorporating all the suggestions from the previous discussions. At this time, the DDC unanimously approved the changes.

Financial Impact: N/A

Recommendation: The DDC recommends approval of the new boundaries as presented in the attached map. Attachments: DRAFT Ordinance and Map illustrating the new boundaries as proposed.

Presentation: AJ Fawver, Planning Manager

Publication: N/A Reviewed by: AJ Fawver, Planning Manager (12/8/11)

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.005 ENTITLED “MAP” OF ARTICLE 12.1000 ENTITLED “DOWNTOWN DEVELOPMENT DISTRICT”, PROVIDING A NEW MAP THAT EXPANDS THE AREA OF THE DOWNTOWN DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS the downtown area contains the highest concentration of employment

opportunities of any area of the city and serves as an important incubator for new small businesses; and

WHEREAS the City Council created a Downtown Development District by ordinance

adopted October 5, 2010, which ordinance established boundaries for the district; and,

WHEREAS expanding the Downtown Development District to include all of the area

within the boundaries of the Main Street District, as well as well as North Chadbourne Street, North Bryant Boulevard, and North Main Street north of the Houston Harte Expressway contiguous to the current Downtown Development District, would facilitate development of the Downtown Development District consistent with the City of San Angelo Comprehensive Plan and would encourage reinvestment in the District; and,

WHEREAS the Downtown Development Commission recognizes that key entry points

to the Downtown Development District also have an important effect on the development of the district as a whole; and,

WHEREAS the City of San Angelo Downtown Development Commission has

recommended to the City Council that the boundaries of the Downtown Development District be expanded to include the areas as depicted on the map attached hereto as Exhibit A;

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: 1.) That Chapter 12 of the Code of Ordinances, City of San Angelo, Texas, is hereby amended by restating Section 12.1005 entitled “Map”, of Article 12.1000, entitled “Downtown Development District”, to read as follows:

Section 12.1005 Map

2.) THAT, the terms and provisions of this ordinance shall be deemed to be severable in that if any portion, part or word of this ordinance shall be declared to be invalid, the same shall not affect the validity of the remaining portions, parts or words of this ordinance. INTRODUCED on the 20th day of December, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of January, 2012. THE CITY OF SAN ANGELO

________________________________

Alvin New, Mayor ATTEST: ________________________________ Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM _______________________________ ________________________________ AJ Fawver Lysia H. Bowling Planning Manager City Attorney

Page 1

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk Mindy Ward, City Attorney

Subject: Agenda Item for December 20th Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405


First Public Hearing and consideration of introduction of an Ordinance amending established boundaries of Single Member District 4

AN ORDINANCE AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 4 FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID DISTRICT, AND PROVIDING AN EFFECTIVE DATE

Summary: An annexation in SMD #4 was approved on December 20, 2011(approximately 1310 total acres located northeast of the existing city’s corporate limits, composed of the following: 128 acres out of J. Fenner survey 1, 77 acres out of bullock survey 10, 329 acres out of Mrs. Julia A. Egglestone survey 2, 29 acres out of J. Pointevent Survey 1113, 653 acres out of Washington County Railroad Co. surveys 178 and 179, and 94 acres of highway and railroad right-of-way, in Tom Green County, Texas). As part of the submission under Section 5 of the Voting Rights Act, the annexation updates and changes to the established boundaries of Single Member Districts should be cleared through the Department of Justice. The area is inhabited with approximately 27 grantees/individuals and requires no updates to the Census 2010 Population figures. The City will comply with all necessary requirements for the submission by adoption of this ordinance.

Financial Impact: None. Other Information/Recommendation: Staff recommends updating the established boundary of SMD #4. Attachments: Land Ownership Grantees, Annexation Map, Proposed Ordinance, and Revised 2011 SMD Map


WHEREAS, the City of San Angelo is a Home Rule municipal corporation operating under a municipal charter that has been adopted as authorized by Article XI, Section 5 of the Texas Constitution; and,

WHEREAS, pursuant to the City of San Angelo Charter, Section 3 entitled “Annexation”, the City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance; and

WHEREAS, on December 20, 2011, the City Council adopted Ordinance #2011-12-??? annexing certain inhabited areas into the City of San Angelo; and

WHEREAS, it is now necessary to incorporate such areas into a Single Member District within the City of San Angelo in order to ensure future new residents of the right to vote; and

WHEREAS, changes in single member districts constitute a change from prior practices requiring preclearance under the Federal Voting Rights Act.

NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: RECITALS INCORPORATED. The recitals set forth above are incorporated into the body of this Resolution as findings of the City Council as if fully set forth herein.

SECTION 2: DESIGNATION OF ESTABLISHED BOUNDARIES: The boundaries of Single Member District 4 be, and are hereby, amended as set forth in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein by reference for all purposes.

SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Clerk of the City of San Angelo, or her authorized agent, shall make such submissions as are necessary to the United State Justice Department to seek pre-clearance approval.

SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary or appropriate to comply with the provisions of the San Angelo Code of Ordinances, the Texas Election Code and any other Texas State or federal law in carrying out and designating established single member district boundaries for District 4, as amended, whether or not expressly authorized herein and all such actions of City officials previously taken for said purposes are hereby ratified.

SECTION 5: 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 6: EFFECTIVE DATE: This ordinance shall be effective from and after adoption of this ordinance.

INTRODUCED on the 20th day of December, 2011, and finally PASSED, APPROVED and ADOPTED on this the 3rd day of January, 2011.

CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

ATTEST: _________________________ Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form:

_________________________ __________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 4

FOR SAN ANGELO, TEXAS

BY 2000 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK 000300 1003 000300 1011 000300 1014 000300 1015 000300 1016 000300 1017 000300 1018 000300 1019 000300 1023 000300 1030 000300 1031 000300 1032 000300 1035 000300 1036 000300 1037 000300 1038 000300 1039 000300 1040 000300 1041 000300 1042 000300 1043 000300 1044 000300 1045 000300 1046 000300 1047 000300 1048 000300 1049 000300 1050 000300 1051 000300 1052 000300 1053 000300 1054 000300 1055 000300 1056 000300 1057 000300 1058 000300 1059

000300 1060 000300 1061 000300 1062 000300 1063 000300 1064 000300 1065 000300 1066 000300 1067 000300 1068 000300 1070 000300 1071 000300 1072 000300 1073 000300 1074 000300 1075 000300 1076 000300 1077 000300 1078 000300 1079 000300 1080 000300 1081 000300 1082 000300 1083 000300 1084 000300 1085 000300 1086 000300 1087 000300 1088 000300 1089 000300 1090 000300 1091 000300 1092 000300 1093 000300 1094 000300 1095 000300 1096 000300 1097

000300 1098 000300 1099 000300 1100 000300 1101 000300 1102 000300 1103 000300 1104 000300 1105 000300 1106 000300 1108 000300 1109 000300 1110 000300 1111 000300 1112 000300 1113 000300 1114 000300 1115 000300 2000 000300 2001 000300 2002 000300 2003 000300 2004 000300 2005 000300 2006 000300 2007 000300 2008 000300 2009 000300 2010 000300 2011 000300 2012 000300 2013 000300 2014 000300 2015 000300 2016 000300 2017 000300 2018 000300 2019

000300 2020 000300 2021 000300 2022 000300 2023 000300 2024 000300 2025 000300 2026 000300 2027 000300 2028 000300 2029 000300 2030 000300 2031 000300 2032 000300 2033 000300 2034 000300 2035 000300 2036 000300 2042 000300 2043 000300 2044 000300 2045 000300 2050 000300 2051 000300 2052 000300 2053 000300 2054 000300 2084 000300 2085 000300 2086 000300 2087 000300 2088 000300 2106 000300 2107 000300 2108 000300 2109 000300 2110 000300 3000 000300 3001 000300 3002 000300 3003 000300 3004 000300 3005 000300 3006 000300 3007 000300 3008

000300 3009 000300 3010 000300 3011 000300 3012 000300 3013 000300 3014 000300 3015 000300 3016 000300 3017 000300 3018 000400 1000 000400 1001 000400 1002 000400 1003 000400 1004 000400 1005 000400 1006 000400 1007 000400 1008 000400 1009 000400 1010 000400 1011 000400 1012 000400 1013 000400 1014 000400 1015 000400 1016 000400 1017 000400 1018 000400 1019 000400 1020 000400 1021 000400 1022 000400 1023 000400 1024 000400 4000 000400 4001 000400 4002 000400 4003 000400 4004 000400 4005 000400 4006 000400 4007 000400 4008 000400 4009

000400 4010 000400 4011 000400 4012 000400 4013 000400 4014 000400 4015 000400 4016 000400 4017 000400 4018 000400 4019 000400 4020 000400 4021 000400 4022 000400 4023 000400 4024 000400 4025 000400 4026 000400 4027 000400 4028 000400 4029 000400 4030 000400 5000 000400 5001 000400 5002 000400 5003 000400 5004 000400 5005 000400 5006 000400 5007 000400 5008 000400 5009 000400 5010 000400 5011 000400 5012 000400 5013 000400 5014 000400 5015 000400 5016 000400 5017 000400 5018 000400 5019 000400 5020 000400 5021 000400 5022 000400 5023

000400 5024 000400 5025 000400 5026 000400 5027 000400 5028 000400 5029 000400 6003 000400 6004 000400 6017 000400 6018 000400 6029 000400 6030 000400 7000 000400 7001 000400 7002 000400 7003 000400 7004 000400 7005 000400 7006 000400 7007 000400 7008 000400 7009 000400 7010 000400 7011 000400 7012 000400 7013 000400 7014 000400 7015 000400 7016 000400 7017 000400 7018 000400 7019 000400 7020 000400 7021 000400 7022 000400 7023 000400 7024 000400 7025 000400 7026 000400 7027 000400 7028 000400 7029 000400 7030 000400 7031 000400 7032

000400 8002 000700 3002 000801 2000 000801 2001 000801 2002 000801 2003 000801 2004 000801 2005 000801 2006 000801 2007 000801 2008 000801 2009 000801 2010 000801 2011 000801 2012 000802 1004 000802 1005 000802 1006 000802 1008 000802 1009 000802 1010 000802 1011 000802 1012 000802 1013 000802 1014 000802 1015 000802 1016 000802 1017 000802 1018 000802 1019 000802 1020 000802 1021 000802 1022 000802 1023 000802 1024 000802 1027 000802 1028 000802 1029 000802 1030 000802 1031 000802 1032 000802 1033 000802 1034 000802 1035 000802 1036

000802 1037 000802 1039 000802 1040 000802 1041 000802 1044 000802 1045 000802 1046 000802 1047 000802 1048 000802 1049 000802 2000 000802 2001 000802 2002 000802 2003 000802 2004 000802 2005 000802 2006 000802 2007 000802 2008 000802 2009 000802 2010 000802 2011 000802 2012 000802 2013 000802 2014 000802 2015 000802 2016 000802 2017 000802 2018 000802 2019 000802 2020 000802 2021 000802 3000 000802 3001 000802 3002 000802 3003 000802 3004 000802 3005 000802 3006 000802 3007 000802 3008 000802 3009 000802 3010 000802 3011 000802 3012

000802 3013 000802 3014 000802 3015 000802 3016 000802 3017 000802 3018 000802 3019 000802 3020 001600 3094 001600 3099 001600 3115 001600 3116 001600 3125 001600 3126 001800 2000 001800 2001 001800 2002 001800 2003 001800 2004 001800 2005 001800 2006 001800 2007 001800 2008 001800 2009 001800 2010 001800 2011 001800 2012 001800 2013 001800 3000 001800 3001 001800 3002 001800 3003 001800 3004 001800 3005 001800 3006

001800 3007 001800 3008 001800 3009 001800 3010 001800 3011 001800 3012 001800 3013 001800 3014 001800 3015 001800 3021 001800 3022 001800 3023 001800 3024 001800 3025 001800 3026 001800 3027 001800 3028 001800 3029 001800 3030 001800 3031 001800 3032 001800 3033 001800 3034 001800 3035 001800 3036 001800 3037 001800 3038 001800 3039 001800 3040 001800 3041 001800 3042 001800 3043 001800 3044 001800 3045 001800 3046

001800 3047 001800 3048 001800 3049 001800 3050 001800 3051 001800 3052 001800 3053 001800 3054 001800 3055 001800 3056 001800 3057 001800 3058 001800 3059 001800 3060 001800 3061 001800 3062 001800 3063 001800 3064 001800 3065 001800 3066 001800 3067 001800 3068 001800 3069 001800 3073 001800 3074 001800 3075 001800 3076 001800 3081 001800 3082 001800 3083 001800 3084 001800 3085 001800 3093


WHEREAS, pursuant to the City of San Angelo Charter, Section 3 entitled “Annexation”, the City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance; and

WHEREAS, on December 20, 2011, the City Council adopted Ordinance #2011-12-??? annexing certain inhabited areas into the City of San Angelo; and

WHEREAS, it is now necessary to incorporate such areas into a Single Member District within the City of San Angelo in order to ensure future new residents of the right to vote; and

WHEREAS, changes in single member districts constitute a change from prior practices requiring preclearance under the Federal Voting Rights Act.

NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein.

SECTION 2: DESIGNATION OF ESTABLISHED BOUNDARIES: The boundaries of Single Member District 4 be, and are hereby, amended as set forth in Exhibit “A” and Exhibit “B”, attached hereto and incorporated herein by reference for all purposes.

SECTION 3: SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Clerk of the City of San Angelo, or her authorized agent, shall make such submissions as are necessary to the United State Justice Department to seek pre-clearance approval.

SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Election Code and any other state or federal law in carrying out and designating established single member district boundaries, whether or not expressly authorized herein and all actions previously taken are hereby ratified.

SECTION 5: 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 6: EFFECTIVE DATE: This ordinance shall be effective from and after adoption of this ordinance.

INTRODUCED on the 20th day of December, 2011, and finally PASSED, APPROVED and ADOPTED on this the 3rd day of January, 2011.

CITY OF SAN ANGELO, TEXAS _________________________ Alvin New, Mayor

ATTEST: _________________________ Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form:

_________________________ __________________________ Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

EXHIBIT “A”

DESCRIPTION OF SINGLE MEMBER DISTRICT 4

FOR SAN ANGELO, TEXAS

BY 2000 U. S. CENSUS P. L. 94-171 TRACT AND BLOCK

TRACT / BLOCK TRACT / BLOCK TRACT / BLOCK

TRACTCE10 BLOCKCE10

000300 1003 000300 1011 000300 1014 000300 1015 000300 1016 000300 1017 000300 1018 000300 1019 000300 1023 000300 1030 000300 1031 000300 1032 000300 1035 000300 1036 000300 1037 000300 1038 000300 1039 000300 1040 000300 1041 000300 1042 000300 1043 000300 1044 000300 1045 000300 1046 000300 1047 000300 1048 000300 1049 000300 1050 000300 1051 000300 1052 000300 1053 000300 1054 000300 1055 000300 1056 000300 1057

000300 1058 000300 1059 000300 1060 000300 1061 000300 1062 000300 1063 000300 1064 000300 1065 000300 1066 000300 1067 000300 1068 000300 1070 000300 1071 000300 1072 000300 1073 000300 1074 000300 1075 000300 1076 000300 1077 000300 1078 000300 1079 000300 1080 000300 1081 000300 1082 000300 1083 000300 1084 000300 1085 000300 1086 000300 1087 000300 1088 000300 1089 000300 1090 000300 1091 000300 1092 000300 1093 000300 1094 000300 1095

000300 1096 000300 1097 000300 1098 000300 1099 000300 1100 000300 1101 000300 1102 000300 1103 000300 1104 000300 1105 000300 1106 000300 1108 000300 1109 000300 1110 000300 1111 000300 1112 000300 1113 000300 1114 000300 1115 000300 2000 000300 2001 000300 2002 000300 2003 000300 2004 000300 2005 000300 2006 000300 2007 000300 2008 000300 2009 000300 2010 000300 2011 000300 2012 000300 2013 000300 2014 000300 2015 000300 2016 000300 2017

000300 2018 000300 2019 000300 2020 000300 2021 000300 2022 000300 2023 000300 2024 000300 2025 000300 2026 000300 2027 000300 2028 000300 2029 000300 2030 000300 2031 000300 2032 000300 2033 000300 2034 000300 2035 000300 2036 000300 2042 000300 2043 000300 2044 000300 2045 000300 2050 000300 2051 000300 2052 000300 2053 000300 2054 000300 2084 000300 2085 000300 2086 000300 2087 000300 2088 000300 2106 000300 2107 000300 2108 000300 2109 000300 2110 000300 3000 000300 3001 000300 3002 000300 3003 000300 3004 000300 3005 000300 3006

000300 3007 000300 3008 000300 3009 000300 3010 000300 3011 000300 3012 000300 3013 000300 3014 000300 3015 000300 3016 000300 3017 000300 3018 000400 1000 000400 1001 000400 1002 000400 1003 000400 1004 000400 1005 000400 1006 000400 1007 000400 1008 000400 1009 000400 1010 000400 1011 000400 1012 000400 1013 000400 1014 000400 1015 000400 1016 000400 1017 000400 1018 000400 1019 000400 1020 000400 1021 000400 1022 000400 1023 000400 1024 000400 4000 000400 4001 000400 4002 000400 4003 000400 4004 000400 4005 000400 4006 000400 4007

000400 4008 000400 4009 000400 4010 000400 4011 000400 4012 000400 4013 000400 4014 000400 4015 000400 4016 000400 4017 000400 4018 000400 4019 000400 4020 000400 4021 000400 4022 000400 4023 000400 4024 000400 4025 000400 4026 000400 4027 000400 4028 000400 4029 000400 4030 000400 5000 000400 5001 000400 5002 000400 5003 000400 5004 000400 5005 000400 5006 000400 5007 000400 5008 000400 5009 000400 5010 000400 5011 000400 5012 000400 5013 000400 5014 000400 5015 000400 5016 000400 5017 000400 5018 000400 5019 000400 5020 000400 5021

000400 5022 000400 5023 000400 5024 000400 5025 000400 5026 000400 5027 000400 5028 000400 5029 000400 6003 000400 6004 000400 6017 000400 6018 000400 6029 000400 6030 000400 7000 000400 7001 000400 7002 000400 7003 000400 7004 000400 7005 000400 7006 000400 7007 000400 7008 000400 7009 000400 7010 000400 7011 000400 7012 000400 7013 000400 7014 000400 7015 000400 7016 000400 7017 000400 7018 000400 7019 000400 7020 000400 7021 000400 7022 000400 7023 000400 7024 000400 7025 000400 7026 000400 7027 000400 7028 000400 7029 000400 7030

000400 7031 000400 7032 000400 8002 000700 3002 000801 2000 000801 2001 000801 2002 000801 2003 000801 2004 000801 2005 000801 2006 000801 2007 000801 2008 000801 2009 000801 2010 000801 2011 000801 2012 000802 1004 000802 1005 000802 1006 000802 1008 000802 1009 000802 1010 000802 1011 000802 1012 000802 1013 000802 1014 000802 1015 000802 1016 000802 1017 000802 1018 000802 1019 000802 1020 000802 1021 000802 1022 000802 1023 000802 1024 000802 1027 000802 1028 000802 1029 000802 1030 000802 1031 000802 1032 000802 1033 000802 1034

000802 1035 000802 1036 000802 1037 000802 1039 000802 1040 000802 1041 000802 1044 000802 1045 000802 1046 000802 1047 000802 1048 000802 1049 000802 2000 000802 2001 000802 2002 000802 2003 000802 2004 000802 2005 000802 2006 000802 2007 000802 2008 000802 2009 000802 2010 000802 2011 000802 2012 000802 2013 000802 2014 000802 2015 000802 2016 000802 2017 000802 2018 000802 2019 000802 2020 000802 2021 000802 3000 000802 3001 000802 3002 000802 3003 000802 3004 000802 3005 000802 3006 000802 3007 000802 3008 000802 3009 000802 3010

000802 3011 000802 3012 000802 3013 000802 3014 000802 3015 000802 3016 000802 3017 000802 3018 000802 3019 000802 3020 001600 3094 001600 3099 001600 3115 001600 3116 001600 3125 001600 3126 001800 2000 001800 2001 001800 2002 001800 2003 001800 2004 001800 2005 001800 2006 001800 2007 001800 2008 001800 2009 001800 2010 001800 2011 001800 2012 001800 2013 001800 3000 001800 3001 001800 3002 001800 3003 001800 3004

001800 3005 001800 3006 001800 3007 001800 3008 001800 3009 001800 3010 001800 3011 001800 3012 001800 3013 001800 3014 001800 3015 001800 3021 001800 3022 001800 3023 001800 3024 001800 3025 001800 3026 001800 3027 001800 3028 001800 3029 001800 3030 001800 3031 001800 3032 001800 3033 001800 3034 001800 3035 001800 3036 001800 3037 001800 3038 001800 3039 001800 3040 001800 3041 001800 3042 001800 3043 001800 3044

001800 3045 001800 3046 001800 3047 001800 3048 001800 3049 001800 3050 001800 3051 001800 3052 001800 3053 001800 3054 001800 3055 001800 3056 001800 3057 001800 3058 001800 3059 001800 3060 001800 3061 001800 3062 001800 3063 001800 3064 001800 3065 001800 3066 001800 3067 001800 3068 001800 3069 001800 3073 001800 3074 001800 3075 001800 3076 001800 3081 001800 3082 001800 3083 001800 3084 001800 3085 001800 3093

ACCT RECAC GRANTEE SURVEYNM SECTNM SUBNM SUBSEC SUBLOCK SUBLOT TRACT STCD HOUSE NSEW STNAM60‐58000‐0000‐001‐20 129.9890 88 RANCH TRUST J EGGLESTONE 2 6038 4101 OLD BALLINGER HWY44‐04032‐0000‐100‐00 0.0000 ANGELO PELLETS LTD 0 035‐02000‐0005‐001‐00 2.7370 CABRERA ALEJANDRO J AUSTIN N A 5 6038 3809 OLD BALLINGER HWY35‐02000‐0006‐001‐00 1.0000 CABRERA JOSE FELIX AUSTIN N A 6 6038 3809 OLD BALLINGER HWY60‐35500‐0008‐000‐00 0.0000 CSA MATERIALS INC 0 061‐04985‐0213‐050‐00 22.2700 DELEK MARKETING & SUPPLY* J FENNER 1 3421 0 N HWY 67 US60‐34000‐0000‐004‐00 13.2840 DIXON ELMER C ‐ DECEASED BURK LEON A JR D 0 060‐58000‐0002‐000‐00 5.0000 DYER JAMES F III J EGGLESTONE 2 2 3425 0 N HWY 27760‐35500‐0007‐000‐00 0.0000 HENDERSON JOSEPH W 0 060‐35500‐0001‐000‐00 0.0000 JJH INVESTMENT PROPERTIE* 0 060‐35500‐0004‐000‐00 0.0000 KATCO KONCRETE INC 0 035‐02000‐0007‐001‐00 10.0000 LA UNICA BROADCASTING CO AUSTIN N A 7\8 6038 3927 OLD BALLINGER HWY44‐04032‐0001‐000‐00 3.0000 LOREDO ABEL 179 6038 3635 OLD BALLINGER HWY61‐04985‐0260‐200‐00 0.0000 MARTIFER ENERGY SYSTEMS * 0 044‐04873‐0004‐000‐00 50.8810 MARTIN SPROCKET & GEAR I* J POITEVENT 1113 6038 0 OLD BALLINGER HWY35‐02000‐0003‐002‐00 5.4500 MILLER DAVID WAYNE & KAR* AUSTIN N A 3/4 6038 3750 OLD BALLINGER HWY44‐04032‐0002‐000‐00 6.3370 MORA AGUILAR FRANCISCO &* 179 6038 3601 OLD BALLIGER HWY61‐04985‐0270‐000‐00 0.0000 MUELLER FREDERICK H 0 060‐35500‐0002‐000‐01 2.0290 MUELLER HAROLD W & MARGA* 1 0 060‐35500‐0009‐000‐00 0.0000 NEFF TODD 0 035‐02000‐0009‐001‐00 8.5100 SCOTT ROY DON AUSTIN N A 9 6038 3929 OLD BALLINGER HWY35‐02000‐0001‐001‐00 9.0000 SHEEN JERRY M(DEC) & LOI* AUSTIN N A 1 0 060‐35500‐0004‐001‐00 0.0000 TEXAS NAT'L GUARD ARMORY* 0 061‐04985‐0213‐010‐00 65.5900 TOM GREEN COUNTY J FENNER 1 0 061‐04985‐0213‐020‐00 1.1350 TOM GREEN COUNTY PUBLIC * J FENNER 1 0 044‐04032‐0004‐000‐00 0.0000 TRASHAWAY SERVICES INC 0 060‐35500‐0010‐000‐00 0.0000 WEBER EARL M & MICHELLE 0 0

City of San Angelo



From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 12-20-11 Council Meeting

Contact: Robert Schneeman, Development Coordinator 657-4210


Consideration and possible action regarding a recommendation by the City of San Angelo Development Corporation (COASDC) Board to amend the City of San Angelo Development Corporation Guidelines For Job Creation Assistance section entitled Eligibility of Applicants and revising outdated contact information

Summary: City Council approved the City of San Angelo Guidelines for Job Creation Assistance on March 14, 2007. COSADC has reviewed and recommended Council approval of an update to those guidelines.

History: The current guidelines were approved by Council on March 14, 2011. Since that approval, there have been personnel changes resulting in the need to update the contact information contained in the guidelines. Additionally, there have been a number of questions raised regarding the eligibility guidelines for individuals and / or companies applying for job creation incentives. Since much of the basis for determining the eligibility of the applicants is determined by Texas State law governing development corporations it was decided to revise the eligibility section to reflect that basis in state law as the determining factor. This item was reviewed by the COSADC Board at its meeting of December 14, 2011 and the recommendation for consideration by Council was approved unanimously (4-0) with Director Randy Brooks abstaining.

Financial Impact: None


Staff recommends approval of the proposed revisions.

Attachments: DRAFT Guidelines

Presentation: Robert Schneeman, Development Coordinator

Publication: N/A

Reviewed by Director: Shawn Lewis, Director of Community & Economic Development

Approved by Legal: N/A

CITY OF SAN ANGELO DEVELOPMENT CORPORATION

GUIDELINES FOR JOB CREATION ASSISTANCE The City of San Angelo Development Corporation (COSADC) is a non-profit public corporation governed by the Development Corporation Act of 1979 and organized exclusively for the purpose of promoting community development within the City and the State of Texas in order to improve the quality of life and the public welfare of, for, and on behalf of the City by developing, implementing, providing, and financing projects allowed under Section 4B of the Act. The COSADC accomplishes these purposes by developing and maintaining a viable working relationship between the public and private sectors of San Angelo, and furthering the development of commercial, industrial, and manufacturing enterprises to promote and encourage employment for the public welfare and benefit of the citizens of San Angelo.

Mission Statement:

The City of San Angelo Development Corporation will seek to retain, strengthen and diversify the tax and job base of the

community through quality infrastructure and facility improvements, innovative incentive packages and a focus on

best business practices in order to provide a sustainable economy for San Angelo and its regional partners.

Periodically, the COSADC receives requests for assistance from individuals or organizations for various projects. All offers or requests for assistance will be received through the Chamber of Commerce Vice President of Economic Development or the COSADC’s Business Relations Officer. If such requests are to be heard by the COSADC Board, they must be in writing. The following outlines those projects which may be considered for assistance by the COSADC: Eligible Projects As defined in the Development Corporation Act of 1979, as amended, "Project" shall mean the land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements (one or more) that are for the creation or retention of primary jobs and that are found by the Board to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities, research and development facilities, transportation facilities (including but not limited to airports, mass commuting facilities, and parking facilities), sewage or solid waste disposal facilities, recycling facilities, air or water pollution control facilities, facilities for the furnishing of water to the general public, distribution centers, small warehouse facilities capable of serving as decentralized storage and distribution centers, primary job training facilities for use by institutions of higher education, and regional or national corporate headquarters*.

Page 2 City of San Angelo Development Corporation Guidelines for Job Creation Assistance Approved March 14, 2007December 20, 2011

In addition, "Primary job" means (A) a job that is: (i) available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and, (ii) included in one of the following sectors of the North American Industry Classification System (NAICS): Sector # Description 111 Crop Production 112 Animal Production 113 Forestry and Logging 11411 Commercial Fishing 115 Support Activities for Agriculture and Forestry 211-213 Mining 221 Utilities 311-339 Manufacturing 42 Wholesale Trade 48-49 Transportation and Warehousing 51 (excluding 51213 Information (excluding movie theaters and drive-in

theaters) 523-525 Securities, Commodity Contracts, and Other Financial Investments

and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles

5413, 5415, Scientific Research and Development Services 5416, 5417 and 5419 551 Management of Companies and Enterprises 56142 Telephone Call Centers 922140 Correctional Institutions COSADC may consider a project that combines an approved NAICS code with some retail activity when more than 85% of the sales are outside of the Concho Valley retail trade area. (B) a job that is included in North American Industry Classification System (NAICS) sector number 928110, National Security, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases. *"Corporate headquarters facilities" means buildings proposed for construction or occupancy as the principal office for a business enterprise's administrative and management services. Financing The COSADC administers an Economic Development Incentive Program which is designed to facilitate the development and growth of new and existing businesses, to increase diversity of the local economy and to provide suitable infrastructure to support


targeted industries as allowed under Section 4B of the 1979 Development Corporation Act. Funds are available through grants, loan participations and the Grow San Angelo Fund ensuring efficiency and flexibility while maximizing the resources of participating financial institutions. The COSADC's Economic Development Incentive Program governs the Board's participation in financing. Additional Conditions As a general rule, the COSADC will not provide funding support to any one (1) individual or organization which, when added to the financial assistance already being received from any other source associated with the City of San Angelo, totals more than 50% of the total investment required for a project. Included in the total assistance package may be: • Tax Abatement (using net present value of the abatement) • Financing (using amount COSADC guarantees, participates or lends directly) • Infrastructure Improvements • Land Purchases, leasehold improvements and construction (using amount provided by

COSADC) • Training expense reimbursement • Relocation expense reimbursement for equipment and/or personnel As a general guideline, COSADC will consider one FTE job equal to a minimum of 110% of San Angelo’s Per Capita Income. However, the Board may choose to deviate from this guideline on a case-by-case basis. To determine an applicant's financial viability, each applicant must provide the appropriate financial information, project description, and any additional information requested by the COSADC. All guarantors must also submit the same information; owners of 20% or more will be required to provide a personal guaranty to the COSADC. For each request, staff will make an assessment of public benefit and return, amount of assistance requested compared to total project cost, and the applicant's financial viability. Staff may request the assistance of various local businesspersons, commercial bankers, and/or consultants when making the appropriate assessment. Based upon a recommendation from staff, the COSADC Board will decide whether or not to recommend assistance.

ECONOMIC DEVELOPMENT INCENTIVE PROGRAM

ADMINISTRATIVE POLICY

The purpose of the Economic Development Incentive Program is to provide a financing tool which incorporates recognized economic development philosophies in an effort to stimulate private investment, job creation, productivity and expansion of the local tax base.


The Economic Development Incentive Program is designed to: 1. facilitate the development of new businesses and expansion of existing businesses

which create primary jobs 2. assist in the diversification of the local economy 3. development of the San Angelo Business & Industrial Center 4. encourage the rehabilitation and increased use of existing structures within

designated redevelopment areas of the City.

Financial assistance may be provided by: 1. grants 2. through loan participation(s) with local financial institutions 3. through participation in the Grow San Angelo Fund, an SBA 7(a) guaranty program

administered by the National Development Council Loan assistance will be evaluated based on the following:

• eligibility of the project • feasibility of the project • financial viability of the project

The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan or grant. Commercial Infrastructure Improvements According to the Development Corporation Act of 1979, as amended, expenditures found by the Board to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs, water and electric utilities, gas utilities, drainage and related improvements, and telecommunications and Internet improvements are allowed. Due Diligence Credit Analysis Reports for all assistance requests will be prepared by the COSADC Staff (and/or the COSADC’s consultant) and will include a financial analysis of the project, a summary of the business plan, the proposed structure of the financing and the proposal's strengths and weaknesses. Staff has the authority to request the advice of businesspersons and lenders whose expertise may assist staff in making credit recommendations to the COSADC Board. All eligible requests will be presented to the COSADC Incentive Committee* and then to the COSADC Board for consideration with a recommendation from staff for approval or denial. Parties to the project may be invited to attend the committee and/or board meeting and speak on behalf of the project.


*COSADC Incentive Committee is an ad-hoc committee appointed by the COSADC which includes, but is not limited to, local professionals in the areas of accounting, banking and law.

TYPES OF ASSISTANCE GRANTS – The COSADC may assist in the form of a direct cash grant for performance-based job creation, equipment or personnel moving expenses, lease subsidies, building remodeling, building purchase/lease-back, new construction for a client, site improvements, the establishment of a training program, or any other form of assistance that makes San Angelo more competitive for job creation or retention. Grants are typically in a range of $2,000 to $5,000 per new job created or retained. COSADC may provided grants up to $10,000/job in circumstances when companies move headquarter operations to San Angelo, offer highly paid positions for skilled employees, or introduce a new skill-set opportunity with high pay/benefits to our labor market. Minimum job creation and investment thresholds established by COSADC are five (5) new full-time jobs and new investment of at least $125,000. COSADC may waive one or both of these thresholds when designing a “performance-based” incentive that is expected to be paid out at some future date when the thresholds are met. COSADC may also waive these thresholds in the case of job retention projects, or when the assistance of COSADC would help fund a new equipment purchase for a company that would increase their productivity and their competitiveness in the marketplace. LOAN PARTICIPATION - The COSADC may purchase a participation in a financial institution's loan. Collateral securing the loan may be shared on a pro rata basis with the private lender and COSADC, or the private lender may be given a superior lien in the collateral. The COSADC may accept a lower interest rate on its participation balance provided the financial institution agrees to lower the overall interest rate charged the borrower on a pro-rata basis. A financial institution requesting loan assistance from the COSADC shall submit their request in the form of a written commitment letter to the COSADC Staff for review and provide required financial information. GROW SAN ANGELO FUND – The COSADC may provide funds to the Grow America Fund, a national nonprofit, SBA 7(a) lender to establish the Grow San Angelo Fund (GSAF). Funds contributed to GSAF shall be leveraged at a minimum rate of $3 in non COSADC funds for every $1 in COSADC funds. For example: a $25,000 contribution to the GSAF will result in $100,000 in available loan funs for eligible SBA (and COSADC) borrowers in San Angelo [this doesn’t account for NDC matching funds]. The Grow America Fund will be responsible for underwriting, closing and servicing all GSAF loans.


GENERAL POLICY STATEMENTS 1. All grants or loans will be funded out of the COSADC's funds for Economic

Development projects and all principal repayments, interest and late charge income shall be returned to these same funds.

2. Loans will be made on an accrual basis. Payments will be applied first toward

the interest due and the remaining, if any will be applied to principal. 3. The staff of COSADC will be responsible for the administration and collection of

the COSADC's loan portfolio. The staff of the National Development Council will be responsible to the administration and collection of all GSAF loans.

4. The COSADC is an equal opportunity lender and does not discriminate with

regards to race, color, religion, national origin, sex, marital status, age or disability (provided that the applicant has the capacity to enter into a binding contract).

5. In the event of any conflict between this policy and any applicable federal, state

or local statute, the statute shall prevail. 6. This policy may be reviewed annually by the COSADC.

ADDITIONAL POLICY STATEMENTS 1. The COSADC Board shall recommend the City of San Angelo enter into an

Economic Development Agreement by formal adoption of a Resolution. Such Resolutions shall expire after 180 days from the date of adoption unless all necessary documents are received and an Economic Development Agreement is executed, or the COSADC extends the commitment in writing prior to the expiration date. An Economic Development Agreement will be signed by every grantee or borrower. The Economic Development Agreement will govern all approved assistance. The amount of assistance available will be based on the number of full time equivalent, permanent employment positions created or retained by the business, the salary range for each employment position, and the level of capital investment made by the business. The business will agree to refund any financial assistance accepted for jobs not created or other conditions not met as outlined in the Economic Development Agreement and required by the State of Texas.

2. Full time equivalent, permanent jobs are defined as any employee who has

worked two thousand eighty (2,080) hours during a twelve (12) month period in San Angelo, Texas. If an employee hired during a twelve (12) month reporting period, the employee shall be considered a FTE if the employee is hired to work


forty (40) hours per week, and has worked at least 160 hours a month during that period.

3. The business must be located in San Angelo or in the extraterritorial jurisdiction

(ETJ) of San Angelo. If the business is in the ETJ, assistance will be approved subject to concurrence of the Tom Green County Commissioners Court. As allowed by state law, COSADC may participate in a multi-jurisdictional project located outside Tom Green County for projects of a size and scope that would be available to San Angelo residents and have a positive impact of the City of San Angelo.

4. The business may not move outside of the San Angelo ETJ without prior written

consent of the COSADC. 5. Job retention is defined as a continued job which would have been eliminated

without financial assistance. Documentation of potential job elimination will be required.

6. Loans from relatives, owners or other individuals shall be subordinated to the

COSADC's loan. 7. All credit and collateral documents required by prudent lending practices must be

included in the loan package at closing. A required document may not be waived except with the full knowledge and approval of the Board.

8. A sale of all or substantially all of the assets of a business assisted by the

COSADC shall not release the business from its duties and responsibilities to COSADC under the terms of the Economic Development Agreement and shall not result in the assignment of the Agreement by such acquiring entity without prior written release from COSADC which will not be unreasonably withheld; provided, that the proposed successor shall have the financial condition to fully satisfy the duties and responsibilities and agrees to assume the responsibilities under the Agreement. COSADC may, in its sole discretion, reasonably determine whether such proposed successor’s financial condition is satisfactory.

9. In the event of any proposed merger or other consolidation of an assisted business

with any third party not affiliated with the business, the business shall at least thirty (30) days prior to any such merger or consolidation provide COSADC with information and assurance reasonably acceptable to COSADC and the business regarding: (1) the surviving entity’s assumption and satisfaction of the Agreement obligations and (2) the financial condition of the surviving entity upon such merger or other consolidation to demonstrate that the surviving entity shall have the financial condition to fully satisfy the duties and responsibilities of said Agreement. Failure to provide such information shall be considered an Agreement breach.


10. Notwithstanding anything in an Economic Development Agreement to the contrary, it is expressly understood and agreed that COSADC shall have no rights to approve or disapprove any sale or merger transaction of any kind involving an assisted business.

APPLICATION FOR COSADC ASSISTANCE

Applicants, requesting assistance, whether through a financial institution or directly, may be required to present the following documents as part of COSADC’s Due Diligence (Administrative Policy – Page 4): 1. The last 3 fiscal year end financial statements and tax returns on the business (if

applicable). 2. The most current interim financial statement of the business (dated less than 90

days from the date of application). 3. A current financial statement on all owners of more than 20% of the business. 4. A current financial statement on all guarantors. 5. A short business plan detailing the project and a description of the business. 6. A list of the jobs to be created/retained by the business during the agreed upon

time frame, and the anticipated salary and benefits for each job classification. If assistance is requested in the form of a loan, the following documents would also be required: 7. The financial institution loan officer's analysis and recommendation of the

applicant for loan assistance (if applicable). 8. The financial institution's credit history on the borrower and credit reports on

cosigners and guarantors. 9. The financial institution's description of the loan's terms and conditions. 10. A list of collateral offered with an estimate of its current market value.

ELIGIBILITY OF APPLICANTS Project eligibility will be determined based on Texas State law applicable to the specific contracting parties.


1. No member of the San Angelo City Council, or person related to a council member within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her tenure or for six months thereafter.

2. No member of the San Angelo Economic Development Corporation Board of

Directors, or person related to a board member within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her tenure or for six months thereafter.

3. No employee of the San Angelo Economic Development Corporation, or person

related to an employee or supervisor of the Department within the second degree by consanguinity or affinity, shall be eligible for assistance from the COSADC during his/her employment or for six months thereafter.

CHARGED-OFF LOANS

When repayment of a loan is recognized by the Staff as being substantially doubtful, a resolution for charging off the balance of the loan will be drafted by staff and presented to the COSADC Board for approval. This resolution will describe the reasons for viewing the repayment of the loan as doubtful, and the amount to be charged off. No specific course of action will be addressed within the resolution, but the following procedures will generally be followed: 1. Charging Off The Loan: A copy of the executed resolution will be distributed to the

San Angelo City Council Department and the loan will be charged off. 2. Financial Responsibility: All interested parties will continue to be pursued

financially. Charge-off of the loan balance will not release a debtor, cosigner or guarantor from their legal liability to repay the loan.

3. Legal Action: When appropriate and economically feasible, legal action to collect a

charged-off loan will be taken. Where applicable, all interested parties will be pursued individually including each borrower, cosigner, and guarantor. Only in cases in which the cost of legal action is greater than the amount to be recovered, will legal action be foregone. The status of any legal proceeding will be reported to the COSADC.

4. Restructuring the Loan: After a loan is charged off, the collection and restructure

of the loan will be the responsibility of staff. The account balances will be maintained by staff in a separate ledger. After being posted to the charge-off ledger, all payments will be deposited into the COSADC's unobligated fund balance.

5. Placement with an Outside Collection Agency: In many cases, a debtor during

financially distressed periods is difficult to locate. If necessary, Staff will consign the

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account to an outside agency. The fee for this type of service is usually a percentage of the amount collected by the agency, and no fee is paid if no money is collected. The decision to place an account with an outside collection agency will be made by the Board upon the recommendation of Staff.

6. Contact with a Participating Bank: Contact will be maintained through periodic

verification of the account status with the account officer. This information is subject to the Texas Banking Code and cannot be discussed in an open meeting.

7. Collection Efforts: All collection efforts will be detailed in the credit file in

chronological order. For additional information contact: Chamber of Commerce, Economic Development Telephone: (325) 655-4136 418 West Avenue B Fax: (325) 658-1110 San Angelo, Texas 76901 E-mail: [email protected] [email protected] Or City of San Angelo Development Corporation Telephone: (325) 653-7197 72 W. College Ave. Fax: (325) 653-7187 San Angelo, Texas 76903 E-mail: [email protected] [email protected] NOTE: Proprietary information will be kept confidential to the fullest extent allowed by law. Applicants may request to enter into a Confidentiality Agreement with COSADC staff and/or agents COSADC.

mailto:[email protected]




City of San Angelo Parks & Recreation

Memorandum Date: December 16, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for December 20, 2011, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724


FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE.

Summary: Staff recommends approval of this proposed ordinance amendment. Passing this ordinance would allow for the sale and advertising of merchandise, food or services at the parks including public events, sports league events and at the Santa Fe Golf Course. A strict interpretation of the current ordinance does not allow for this.

This proposed ordinance change would allow for advertising and sales at park properties as long as that advertising and those sales are authorized through our existing permit and review processes.

Financial Impact:

There is no cost to this ordinance. In fact, the ordinance would, through permitted process, allow for the placing of sponsorship advertising which would generate revenue.

Attachments: Existing ordinance and proposed amended ordinance.

Presentation: Verbal and PowerPoint.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, December 8, 2011

Approved by Legal:

December 8, 2011

Existing Ordinance, Section 9.207, entitled “Merchandising, Advertising and Sign” Sec. 9.207 Merchandising, Advertising and Sign It shall hereafter be unlawful for any person in a park to: (1) Expose or offer for sale any article or thing or station or place any stand, cart or vehicle for

the transportation, sale or display of any such article or thing; provided, however, that during the Christmas season, the sale of Christmas trees in park areas designated by the superintendent shall be permitted.

(2) Announce, advertise, or call to public attention in any way to any article or service for sale or

hire. (3) Face, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever,

or erect or cause to be erected any sign whatever on any public lands, highways or roads adjacent to any park.

(4) Provided, however, this section shall not apply during community events sponsored or

hosted by the city to persons who have been duly authorized by the chamber of commerce to display or sell food or merchandise at such events.

(1959 Code of Ordinances, Sec. 9-10-7)

AN ORDINANCE OF THE CITY COUNCIL OF SAN ANGELO, AMENDING CHAPTER 9, ENTITLED “LAKES, PARKS AND RECREATION AREAS”, ARTICLE 9.200, ENTITLED “PARKS”, BY REPEALING SECTION 9.207, ENTITLED “MERCHANDIZING, ADVERTISING AND SIGN”, ENACTING A NEW SECTION 9.207, ENTITLED “PROHIBITED SALES, ADVERTISING AND SIGNAGE ON PARK PROPERTY; EXCEPTIONS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND, PROVIDING FOR AN EFFECTIVE DATE.


1) THAT, Chapter 9, Article 9.200 Section 9.207 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended to read as follows:

ARTICLE 9.200 PARKS

Sec. 9.207 Prohibited Sales, Advertising and Signage on Park Property; Exceptions

(1) It shall be unlawful for any person, in or upon any park property or premises, to sell or display for sale merchandise, food or services;

(2) It shall be unlawful for any person, in or upon any park property or premises, to advertise for sale or place or post signage to advertise for sale merchandise, food, services, events or sponsorships; (3) The prohibitions of this Section shall not apply to persons who are specifically authorized by the City to sell, display, advertise or place or post signage to advertise for sale merchandise, food, services, events, or sponsorships in or upon any park property or premises.

3) THAT, the following severability clause is adopted with this amendment:

SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

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 this Code. Each day of such violation shall constitute a separate offense.

C:\Users\bryan.kendrick\Desktop\12-20-11\59 PK Parks Merchandising Advertising and Signs ORD.doc

4) THAT, this Ordinance shall be effective on, from and after the date of

adoption.

INTRODUCED on the day of , 2011, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor

By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Carl White Lysia H. Bowling Director, Parks & Recreation City Attorney

City of San Angelo Finance Department



From: Don Maynard, Finance


Contact: Michael Dane, Director of Finance, 657-4268

Caption: Regular

Public hearing and consideration of approving a resolution providing for taxation of goods-in-transit personal property as covered by Texas Property Tax Code Section 11.253 for tax year 2012 and for every year thereafter

Summary: The Texas Legislature during the 82nd Special Called Session passed Senate Bill 1, which amended Section 11.253 of the Texas property tax code, granting an exemption from property taxation for certain goods-in-transit (personal property) that are stored temporarily in route to another location in Texas or outside the state. In order for cities to continue this tax, they must hold a public hearing and adopt a resolution prior to January 1, 2012.

Financial Impact: Potential loss of $115,000 in tax revenue. Related Vision Item (if applicable): N/A Other Information/Recommendation: Staff recommends approval. Attachments: Excerpt from tml.org and Resolution Presentation: N/A Publication: N/A Reviewed by Service Area Director: Michael Dane, Finance, December 8, 2011

A RESOLUTION OF THE CITY OF SAN ANGELO DECLARING TAXABLE BY THE CITY OF SAN ANGELO ALL GOODS-IN-TRANSIT AS COVERED BY THE TEXAS PROPERTY TAX CODE, SECTION 11.253 FOR TAX YEAR 2012 AND FOR EVERY TAX YEAR THEREAFTER

WHEREAS, the Texas Legislature during the 82nd Special Called Session passed Senate Bill 1, which

amended Section 11.253 of the Texas Property Tax Code, granting an exemption from

property taxation for certain goods-in-transit (personal property);

WHEREAS, Section 11.253 of the Texas Property Tax Code provides for a local option under which a

taxing unit may tax such property otherwise exempt, if the governing body of such taxing

unit, after a public hearing, takes official action to tax such personal property;

WHEREAS, on December 20, 2011, the San Angelo City Council held a public hearing at which

members of the public were permitted to speak for or against the taxation of certain goods-

in-transit as exempted by Texas Property Tax Code, Section 11.253;

WHEREAS, the San Angelo City Council has determined that such personal property, as exempted by

Texas Property Tax Code Section 11.253, should be subject to taxation by the City of San

Angelo for tax year 2012 and all subsequent tax years;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

(1) All of the above recitals are found to be true and are incorporated and made a part of this

Resolution and,

(2) all such goods-in-transit (personal property) as covered by Texas Property Tax Code, Section

11.253 shall be, and are hereby declared to be, taxable by the City of San Angelo for tax year 2012 and

for every tax year thereafter, all as provided for and in accordance with Texas Property Tax Code Section

11.253.

PASSED, APPROVED, AND ADOPTED this _______ day of December, 2011.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Michael Dane, Finance Director Lysia H. Bowling, City Attorney

City of San Angelo Finance Department



From: Morgan Trainer, Budget Analyst, Sr.


Contact: Don Maynard, Budget Manager 481-2757

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for encumbrances, restricted and dedicated moneys, new projects, incomplete projects, and grants.

Summary: This proposed amendment contains the following items (additional information attached):

• Encumbrances, Grants, Citizen Contributions, Restricted Monies, and Incomplete Projects • VCO Balance Reimbursement • Energy Efficiency Settlement • Police Bulletproof Vest Partnership Grant • Police Justice Assistance Grant • Transfer from Development Corporation for Debt Service • Twin Buttes Reservoir Recreation Use Plan • Kirby Community Park Development • Senior Services Computers

History: See attached Budget Amendment Request memorandum.

Financial Impact: $17,090,713 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR ENCUMBRANCES, RESTRICTED AND DEDICATED MONEYS, NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City’s budget for fiscal year 2011-2012 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 20th day of December, 2011, and APPROVED and ADOPTED on this the 3rd day of January, 2012.

CITY OF SAN ANGELO, TEXAS

__________________________________ Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

101 General 143,520 1,132,153 (988,633) 103 Intergovernmental 1,061,454 1,075,565 (14,111) 105 Debt Service 745,675 745,675 0 201 State Office Building 0 265,048 (265,048) 202 Golf Course 0 18,750 (18,750) 220 Airport 0 7,500 (7,500) 240 Stormwater 0 25,000 (25,000) 260 Water 9,000 256,818 (247,818) 270 Wastewater 0 121,617 (121,617) 301 Vehicle Maintenance 0 59,654 (59,654) 330 Workers Compensation 0 22,943 (22,943) 501 Equipment Replacement 0 48,031 (48,031) 502 General Capital Projects 471,729 823,178 (351,449) 512 Water Capital Projects 0 5,899,076 (5,899,076) 520 Wastewater Capital Projects 0 6,206,693 (6,206,693) 601 Designated Revenue 57,454 383,012 (325,558)

Totals 2,488,832 17,090,713 (14,601,881)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost) Budget Carryovers Encumbrances Multiple Funds – Fund

Balance 0 666,319 (666,319)

Grants Multiple Funds – Fund

Balance 1,018,560 1,032,671 (14,111)

Citizen Contribution Multiple Funds – Fund

Balance 2,000 327,558 (325,558)

Restricted Items Multiple Funds – Fund

Balance 0 800,953 (800,953)

Capital Projects Multiple Funds – Fund

Balance 471,729 13,140,169 (12,668,440)

VCO Balance Reimbursement General Fund – Fund Balance

0 126,500 (126,500)

Energy Efficiency Settlement AEP Settlement 143,520 143,520 0 Police Bulletproof Vest Partnership Grant Department of Justice 9,265 9,265 0 Police Justice Assistance Grant Department of Justice 33,629 33,629 0 Transfer from Development Corporation for Debt Service

Type B Sales Tax 745,675 745,675 0

Twin Buttes Reservoir Recreation Use Plan Bureau of Reclamation 9,000 9,000 0 Kirby Community Park Development Donations 50,000 50,000 0 Senior Services Computers Santa Fe Crossing

Senior Citizen’s Foundation

5,454 5,454 0

Totals 2,488,832 17,090,713 (14,601,881)

alicia.ramirez

Typewritten Text

X

Trash ReceptaclesTrash Receptacles

City of San Angelo



From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 12-20-11 Council Meeting

Contact: Shawn Lewis, Director of Community & Economic Development or Bob Schneeman, Development Coordinator 657-4210


Consideration and possible approval of a recommendation by the Tax Increment Reinvestment Zone Board (TIRZ) to purchase a total of 30 trash receptacles for the Downtown area in conjunction with Downtown San Angelo, Inc. the total expenditure by TIRZ being $17,995.

Summary: Downtown San Angelo, Inc. (DSA presented a request for the TIRZ Board to purchase 30 trash receptacles for the Central Business District. The TIRZ Board recommended approving the purchase of 30 receptacles with Downtown San Angelo, Inc paying for 10 receptacles and the South TIRZ Paying for 20 receptacles. The total expenditure by TIRZ was authorized at $17,995.00 and the DSA, Inc expenditure would be approximately $8,997.50.

History: Downtown San Angelo, Inc. (DSA) presented a request for the TIRZ Board to purchase 30 trashcans for the Central Business District. The trashcans selected are consistent with the receptacle design selected by Henry Schmidt and the TIRZ Board in 2009 for use in the North Chadbourne Streetscape project. Downtown San Angelo has subsequently endorsed this similar design that allows for the placement of a sponsorship or other message.

As described in a letter by Downtown San Angelo Executive Director Genora Young’s to the TIRZ Board, DSA is proposing the TIRZ fund 30 cans with DSA funding 10. Total cost of the TIRZ-funded cans is estimated at $17,995 and the DSA-funded cans at $8,998. Staff believes the selected can is easily maintained and durable. Also, the ability to adhere a tastefully-designed message on the can provides for increased marketability for private funding of these and future trashcans.

The following information is provided for reference and comes from the article, Public Space Amenities: A Guide to their Design and Management of in Downtowns, Neighborhood Commercial Districts, and Parks, published by Project for Public Spaces.

Finding a good waste receptacle for a downtown - simple as it may sound - is not an easy task. This is, in part, because of the diverse functions that waste receptacles serve on a street. A waste receptacle, of course, should be convenient to use and easy to maintain, but it also often accommodates a wide variety of other activities. People sit on waste receptacles, rest packages or briefcases on them, meet people next to them, and so on.

IS A WASTE RECEPTACLE NEEDED?

One of the most common mistakes made in cities is placing waste receptacles where they are easy to empty, rather than where they are convenient for people to use. The result is often littered streets and empty waste receptacles. Because people usually will not go out of their way to find a waste receptacle, the challenge is to determine where one is needed.

To decide where a waste receptacle is needed, some simple on-site observations are necessary. The locations of existing street furniture and the type and location of ground-floor land uses (e.g., department stores, fast food, etc.) should be recorded on a large-scale map of the area. The extent, location, and type of litter should also be recorded. In addition, people such as the local sanitation workers should be interviewed about the problems they have observed. After doing these initial observations, it should be fairly clear where and how many waste receptacles are needed.

LOCATION

Good locations for waste receptacles are places where there are lots of people such as at busy intersections close to the crosswalks, next to take-out food shops or food vendors, at bus stops, in plazas, outside major building entrances (e.g., offices, department stores, residences), and near other street furniture such as benches or telephones.

The number of waste receptacles that are needed depends on the number of people who use an area, on the amount of litter generated by different land uses, and on the efficiency of the maintenance and sanitation program. On a downtown street, two to four waste receptacles per block is generally sufficient. One should be located at each end of the block next to the crosswalk, and one or two more in the middle of the block if there are benches or take-out food shops.

DESIGN

There are hundreds of different types of waste receptacles available. However, not many of them fulfill the requirements necessary to make them a good choice for a downtown street. In choosing a waste receptacle, there are several important qualities to look for.

The most important quality is that the waste receptacle looks like a place for depositing litter. All too often, in an attempt to make them blend into the environment, waste receptacles become unrecognizable as places to put rubbish. Although waste receptacles should be compatible with other street furniture and with the architectural character of the city, a waste receptacle should not ever hide its main function as a clearly recognizable place to deposit litter.

Equally important in the design of a good waste receptacle is that it is easy to use. Waste receptacles that have the following characteristics are best:

• People should not have to touch the waste receptacle or push open a door in order to use it.

• The opening of the waste receptacle should be large enough to accommodate litter. The exact size of the opening varies depending on the situation. For example, in parks, where people may deposit larger items, the hole will need to be larger. A rule of thumb is that the opening should be at least 10 inches wide, which is large enough to accommodate a folded newspaper or a take out food container. When the opening is too small, an item such as a newspaper can get jammed in it and litter will get strewn around the outside of the receptacle. In addition, the opening should not be more than 36 inches above the ground so that it can be used by the handicapped.

• The size of the waste receptacle should be related both to how much it is expected to be used and how frequently it will be emptied. A well-managed public space will always have smaller receptacles that are emptied often rather than one large receptacle that is not frequently emptied. In most areas, a 30 to 50 gallon container is adequate.

• A waste receptacle should also be sturdy, because of the many other activities such as sitting, leaning, etc., that may occur next to or on top of it.

MAINTENANCE & MANAGEMENT

The following maintenance factors are important to consider in selecting a waste receptacle:

To be durable, materials should be graffiti-, fire-, rust-, and stain-resistant. We have noted some of the characteristics of commonly used materials below: Enamel - graffiti- and stain-resistant, but some types chip easily. Wood and rough textured or porous surfaces - rust- and stain-resistant, but are subject to vandalism and difficult to clean. Aluminum - generally a good material, but in some areas, vandal-prone as scrap metal. Solvent-sensitive plastics - can be problematic, especially in parks, where barbecue lighter fluids can get put into the can. Galvanized steel - a highly durable material suitable for places where receptacles may get heavy abuse.

Receptacles should be easy for maintenance personnel to empty. The easiest receptacles to service are those that are emptied from the top. Receptacles that open on the side are difficult and time-consuming to empty, and are likely to break. Moving parts, which can break, rust, or be taken apart, should be avoided.

Waste receptacles should have liners to prevent litter from leaking or falling out of the container and on to the sidewalk. A metal or plastic liner with a disposable, heavy-duty inner plastic bag is best. Plastic liners are easier than metal liners to clean, but are sensitive to solvents such as lighter fluid. In parks, where barbecuing is common, a metal liner is best, and on city sidewalks, plastic is better. The inner, disposable bag should be securely attached with a rim to the top of the liner or container so that litter cannot fall into the liner. These bags should be temperature-, puncture-, tear-, and odor-resistant and able to withstand stress and impact when carried or thrown. They should also have a good method for closing.

Financial Impact: $17,995 expenditure from the South TIRZ


Staff recommends approval of the purchase.

Attachments: Detail of Trash Receptacle

Presentation: Shawn Lewis, Director of Community & Economic Development