City Council December 6, 2011 Agenda Packet

City Council Agenda Page 1 of 5 December 6, 2011REVISED: 12/2/2011 11:17 AM

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCILTHE CITY OF SAN ANGELO, TEXAS9:00 A.M. - Tuesday, December 6, 2011

McNease Convention Center, South Meeting Room500 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. Proclamation

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

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 ConsentAgenda 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. SPECIAL AGENDA

1. Public hearing to receive comments from the public regarding proposed redistricting Illustrative Plansconcerning proposed new boundaries for City of San Angelo councilmember districts

2. Discussion and possible action to consider and adjust proposed redistricting plans

3. Discussion and possible action to adopt a Resolution adopting the final redistricting plan, and to authorize redistricting legal counsel to seek Voting Rights Act Section 5 preclearance of adopted plan

III. CONSENT AGENDA

4. Consideration of approving the November 15, 2011 City Council Regular meeting minutes

5. Consideration of awarding bid(s) and authorizing the City Manager or his designee to execute any


necessary related documents:

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

6. Consideration of authorizing 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

7. Consideration of adopting 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

8. Consideration of authorizing 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 authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the sale of subject properties, subject to completion of all curative requirements

9. Consideration of approving 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 authorizing the Mayor and/or City Manager to execute said agreement

10. Consideration of authorizing the City Manager or his designee to negotiate and execute an Agreementwith 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

11. Consideration of approving 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 authorizing 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

12. Second Hearing and consideration of adoption of an Ordinance amending Ordinance #2011-09-116, previously authorized to execute abandonment of an alley in Fairview Addition, Block 50

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.

13. Second Hearing and consideration of adoption of an Ordinance changing the name of River Drive, extending from 14th Street to Irving Street, to Veterans Memorial Drive


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

14. Second Hearing and consideration of adoption of an Ordinance changing the name of 50th Street, extending from Grape Creek Road to Armstrong Street, to Lake View Heroes Drive

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

IV. 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 thatMeetings 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

G. PUBLIC HEARING AND COMMENT

15. Consideration of awarding bid no. AP-04-11 for Airport terminal reconstruction to Templeton Construction Co. in the amount of $5,925,715.00 and authorizing City Manager or his designee to execute any necessary related documents(Presentation by Airport Director Luis Elguezabal)

16. Consideration 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 and any action related thereto(Presentation by Parks and Recreation Director Carl White)

17. Consideration of approval and public hearing of the 2010 Consolidated Annual Performance and Evaluation Report (CAPER)(Presentation by Neighborhood and Family Services Director Bob Salas)

18. Discussion and consideration of repairs to the Animal Services Crematorium / Incinerator and any action thereto(Presentation by Health Services Manager Sandra Villarreal)

19. First public hearing and consideration of 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 survey 2, 29 acres out of J. Pocintevent 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 clauseand providing an effective date (Presentation by Planning Manager AJ Fawver)

20. Consideration of adopting 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(Presentation by Development Coordinator Robert Schneeman)

21. First public hearing and consideration of 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(Presentation by Community and Economic Development Director Shawn Lewis)

22. Discussion and consideration of the Fiscal Year 2012 budgeted capital funding as it relates to the 2011-2016 Capital Improvement Plan for the City of San Angelo(Presentation by Finance Director Michael Dane)

23. Consideration of adopting 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 (Presentation by City Clerk Alicia Ramirez)

24. Consideration of authorizing 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(Presentation by City Manager Harold Dominguez and City Clerk Alicia Ramirez)

25. Consideration of adopting a Resolution designating polling places within the election precincts withinthe City of San Angelo, Texas for elections ordered; providing for pre-clearance and all other necessary actions; and providing for an effective date(Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

26. 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 leaseassistance and any action in connection thereto27. Consideration of Future Agenda Items28. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter


551, Thursday, December 1, 2011, at 2:30 P.M.

_____________________________ Bryan Kendrick, Deputy City Clerk

P R O C L A M A T I O N

WHEREAS, The City Council of The City of San Angelo, Texas supports all Veterans of Tom Green County, for their significant service and self-sacrifice to the United States of America and our community; and,

WHEREAS, we recognize that all our Veterans have given something of themselves to this country – and some have given all – laying down their lives to defend the freedoms we hold so dear; and,

WHEREAS, more than 10,000 veterans live in San Angelo and the surrounding area; and

WHEREAS, the naming of a street would serve as a special, lasting commemoration of their service and would mean a great deal to these Veterans and their families who call San Angelo home; and

WHEREAS, the dedicated street would serve as a reminder to all who travel through the area, of the many patriotic and wonderful people who live in this community.

NOW, THEREFORE, I Alvin New, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim Wednesday, December 7, 2011 as the dedication and renaming of “River Drive” extending from its intersection with 14th Street on the West to its intersection with Irving Street on the East, shall now be known as

“VETERANS MEMORIAL DRIVE”

And I encourage all citizens to recognize the valor and sacrifice of our veterans and to acknowledge and thank the many Veterans, both past and present, for their commitment to the citizens of San Angelo.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixedthis 6th day of December, 2011.

THE CITY OF SAN ANGELO

__________________________________

ALVIN NEW, MAYOR

RESOLUTION NO. ________

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.

WHEREAS, the results of the 2010 federal Census have been considered and indicate that the City of San Angelo’s single-member council districts are sufficiently out of population balance to require redistricting in order to comply with the “one-person, one-vote” (equal population) principle established by the U.S. Constitution; and

WHEREAS, the City of San Angelo (the “City”) engaged the law firm of BickerstaffHeath Delgado Acosta LLP to act as the City’s redistricting consultant, including advising and assisting the City Council in preparation of a new redistricting plan in compliance with applicable requirements of state and federal law; and

WHEREAS, on April 19, 2011, the City Council adopted redistricting criteria to assist the City and the public in developing redistricting plans which comply with applicable federal and state laws, and the adopted redistricting criteria were applied in the development of the City’s new redistricting plan; and

WHEREAS, on April 19, 2011, the City Council also adopted redistricting guidelines regarding the submission of comments and proposed plans by the public, to ensure the ability of the City to timely receive and adequately consider them; and

WHEREAS, during the redistricting process the City provided notice to the public of its proposed discussions and development of a redistricting plan through meeting agendas posted in compliance with the Texas Open Meetings Act, notices on the City’s website, and publication ofnewspaper notices as well as providing certain individual notices regarding public hearings; and

WHEREAS, the City Council has considered the proposed redistricting plan at City Council meetings on June 23, 2011, August 24, 2011, August 30, 2011, and November 15, 2011and at public hearings held on November 28, 2011 and December 6, 2011, and has considered oral testimony, written comments, reports from the City’s redistricting consultant, and variousproposed plans regarding the appropriate reconfiguration of the council member districts; and

WHEREAS, the City Council finds that the attached city council district redistricting plan is in the best interest of the citizens of the City, complies with the adopted redistricting criteria, and is believed to comply with all state and federal requirements, including requirements for preclearance under Section 5 of the federal Voting Rights Act;

2

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

A. That the existing single-member council district boundary lines for the City of San Angelo are hereby amended, and the new districting plan depicted on the map attached hereto as Exhibit A, defining new districts, as such new districts are further described in the tables attached hereto as Exhibit B reporting populations and demographic statistics for each such new district, is hereby adopted and designated to define the City’s six [single-member council districts from and after the Effective Date; that Exhibits A and B are incorporated by reference in and made a part of this RESOLUTION, and shall be kept on file in the City Clerk’s Office; and, further, that the City’s redistricting consultant is hereby authorized and directed to submit the adopted plan to the United States Department of Justice for preclearance under the Section 5 of the Voting Rights Act.

B. That this RESOLUTION shall take and be given effect immediately upon preclearance of the adopted plan under Section 5 of the Voting Rights Act; and that thereafter all San Angelo City Council elections shall be held under and in accordance with the new single-member council district districting plan here adopted by the City Council and precleared by the Department of Justice, until such time as a subsequent lawfully-enacted districting plan shall be adopted to replace this plan and has been precleared under Section 5 or its successor statute, as applicable.

PASSED AND APPROVED by the City Council of the City of San Angelo, Texas this ______ day of _________, 2011.

CITY OF SAN ANGELO, TEXAS

_______________________________ Alvin New, Mayor

ATTEST:

_________________________________ Alicia Ramirez, City Clerk

APPROVED AS TO FORM:

_______________________________Lysia H. Bowling, City Attorney

EXHIBIT A

EXHIBIT B

CITY COUNCIL MINUTE RECORDThe City of San Angelo Page 1 Tuesday, November 15, 2011 Vol. 103

OPEN SESSION

BE IT REMEMBERED City Council convened in a regular meeting at 9:06 A.M., Tuesday, November 15,2011, 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 NewCouncilmember Paul AlexanderCouncilmember Dwain MorrisonCouncilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall HirschfeldCouncilmember Charlotte Farmer

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

An invocation was given by Mr. Tom Woods of Immanuel Baptist and pledge was led by Aidan Kendrick, 3rd Grader at TLC Academy.

PROCLAMATION

“Concho Christmas Celebration Day”, Saturday, December 3, 2011, was accepted by Lee Pfluger, Chairperson of the Community Committee for Concho Christmas Celebration.

PUBLIC COMMENT

Councilmember Farmer commended the Ft. Concho Museum Manager Robert Bluthardt and the Ft. Concho staff for their successful Veteran’s program held on the weekend of November 11, 2011.

Mayor New commented on the recent Rental Housing oversight initiative and proposed ordinance by the Neighborhood & Family Services staff. He addressed the article in the local newspaper and remarked on the process. He suggested staff hold more public hearings at various locations and address any concerns with City Council in order to educate all involved, specifically on the details of such ordinance. Assistant City Manager Elizabeth Grindstaff responded staff is investigating the issues presented by West Texas Organizing Strategy Representative (WTOS) Craig Meyers and the public meetings are meant to gather information on the subject.

CONSENT AGENDA

APPROVAL OF THE NOVEMBER 1, 2011 CITY COUNCIL REGULAR MEETING MINUTES

AWARDING BID(S) AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

PK-03-11: Rio Vista Park Renovation Project Playground Equipment, Exerplay, Inc. (Cedar Crest, NM), $54,616.70VM-22-11: Zero Turn Mowers, Cross Texas Supply (San Angelo, Texas ), $26,878.00WU-11-11: Industrial Electric, Mike Verfurth Electric (San Angelo, Texas), $65.00/hour minimum charge and other rates, as assigned

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE INTERLOCAL AGREEMENTS WITH THE TOM GREEN COUNTY FOR MONETARY SUPPORT OF THE COUNTY’S MENTAL HEALTH

Page 2 Minutes Vol. 103 November 15, 2011

UNIT AND CRISIS INTERVENTION UNIT

ADOPTION OF RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE TAX DEEDS FOR THE SALE OF TAX LOTS: (ANNEX A, PAGE , RESOLUTION #2011-11-???R & ANNEX B, PAGE , RESOLUTION #2011-11??-???R)

29 E 25th Street, (Ramirez), 0.376 acres o/o NW corner of J.B. Harrison Subdivision, F.E. Cramer Survey #318, Abstract 112, $3,000, Suit No. B-07-0027-T Corner Blaze/Richter, (Jessop), Lots 3 & 4, Block “B”, Spencer Addition #1, $2,924, Suit No. B-06-0207

ADOPTION OF A RESOLUTION AUTHORIZING SALE OF TAX RESALE LOT OF TOM GREEN COUNTY: (ANNEX C, PAGE , RESOLUTION #2011-11-???R)

2005 Shelton Street, (Brown), S ½ of E ½ of Lot 3, Block 4, Home Acres Addition, $500, Suit No. TAX87-0003-B

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT NO. 4 TO LEASE NO. GS-07B-15244, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND GENERAL SERVICES ADMINISTRATION (GSA) AT SAN ANGELO REGIONAL AIRPORT

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A THIRD AMENDED CONCESSION AGREEMENT WITH SAN ANGELO HOST, INC. EXTENDING THE TERM OF THE CURRENT CONCESSION AGREEMENT FOR AN ADDITIONAL FIVE YEARS PURSUANT TO THE OPTION THEREFORE IN THE CURRENT AGREEMENT, AND AMENDING THE TERMS THEREOF PROVIDING FOR THE DISPENSING OF FOOD, NON-ALCOHOLIC BEVERAGES, AND ALCOHOLIC BEVERAGES IN CERTAIN FACILITIES OWNED BY THE CITY OF SAN ANGELO

Councilmember Farmer and Adams requested VM-22-11 and the WEBEOC items be considered in Regular Session. Council concurred.

Motion, to approve the Consent Agenda, as presented, with the exception of VM-22-11 and the WEBEOCitems, was made by Councilmember Hirschfeld and seconded by Councilmember Silvas. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AWARD OF BID VM-22-11 FOR ZERO TURN MOWERS FROM CROSS TEXAS SUPPLY (SAN ANGELO, TEXAS), IN THE AMOUNT OF $26,878.00 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

Councilmember Farmer recused herself from the vote and left the meeting at 9:19 A.M.

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

Councilmember Farmer returned to the meeting at 9:21 A.M.

APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN ANGELO AND THE CONCHO VALLEY COUNCIL OF GOVERNMENTS 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

Minutes Page 3 November 15, 2011 Vol. 103

Responding to a question from Councilmember Adams, City Manager Harold Dominguez and Emergency Coordinator Ron Perry explained the cost of, the grant received for the program, and how the partnering entities would be involved.

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

PRESENTATION OF THE 3RD QUARTER 2011 REPORT FROM THE CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COUNCIL AND THE CONVENTION & VISITORS BUREAU (CVB)

Economic Development Chairman Fred Key and CVB Vice President Pamela Miller presented background information.

RECESS

At 9:56 A.M., Mayor New called a recess.

RECONVENE

At 10:12 A.M., Council reconvened, and the following business was transacted:

APPROVAL OF THE SPECIAL EVENTS COMMUNITY REVIEW COMMITTEE’S RECOMMENDATION REGARDING SAN ANGELO GIRLS FAST PITCH ASSOCIATION’S (SAGFA) REQUEST FOR IN-KIND SUPPORT FOR THE 2012 WEST TEXAS ALL-STAR TOURNAMENT

Civic Events Manager Anthony Wilson presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Councilmember Farmer spoke in support of staff’s recommendation; however, she suggested the organization provide the appropriate financial reports in order to provide the appropriate review and transparency analysis.

Public comments were made by Vice President of SAGFA Jody Darnell and Ezell guy from Midland.

Motion, to approve, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.

General discussion was held on the organization providing the appropriate financial reports, the potential generated revenue from the tournament, and the organization’s request in comparison to their immediate needs and financial standings.

Mayor New spoke in opposition of approval, specifically due to the lack of financial information provided and that the organization or a third party of the organization has the potential to make a profit from the tournament.

A vote was taken on the motion on the floor. AYE: Alexander, Morrison, Silvas, Adams, Hirschfeld, and Farmer. NAY: New. Motion carried 6-1.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM 14TH STREET TO IRVING STREET, TO VETERANS MEMORIAL DRIVE

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE, EXTENDING FROM ITS INTERSECTION WITH THE 19TH 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

City Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Assistant Chief Kevin Lassiter spoke on the emergency response time and the limited potential issues posed by the inconsistent addressed location.


Based recent opponent concerns, Councilmember Hirschfeld suggested the range of the street rename be changed from 19h Street to Irving Street to 14th to Irving Street. Council concurred.

City Manager Harold Dominguez commented on the precedence that the change was setting for future request.

Public comments were made by Citizen Karl Bookter and Terry Jarreau. 50110462821 1542

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

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE CHANGING THE NAME OF 50TH STREET, EXTENDING FROM GRAPE CREEK ROAD TO ARMSTRONG ROAD, TO LAKEVIEW HEROES DRIVE


City Engineer Clinton Bailey and Planning Manager AJ Fawver presented background information.

Mayor New left the meeting at 11:00 A.M. and

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

Councilmember Farmer facilitated the meeting as Mayor Pro Tempore.

Public comments were made by Citizen Jerry Hasty and Assistant Chief Kevin Lassiter.

Mayor New returned to the meeting at 11:02 A.M.

Councilmember Adams withdrew his motion.

City Manager Harold Dominguez commented on the number of properties east of Armstrong Street, the emergency response time, and the potential issues associated with two different street names for one street.

General discussion was held on the potential confusion that may be caused due to the different street names assigned to one street, specifically related to emergency response issues.

Councilmember Silvas withdrew his motion.

Motion, to introduce the Ordinance, as presented, and amended from Covington Road to Armstrong Street, was made by Councilmember Morrison and seconded by Councilmember Alexander. Motion carried unanimously.

SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OF 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


Planning Manager AJ Fawver presented background information. A copy of the map is part of the Permanent Supplemental Minute record.

City Manager Harold Dominguez noted the questions Council raised at the last meeting regarding the Tom Green County property and 4-H Center had been resolved. He informed should the County have issues in the future, the City will consider possible land swaps.

Councilmember Morrison commented on providing the delivery of water to the area. Ms. Fawver stated staff is currently working on including the provision within the Service Delivery Plan timeframe.

Public comments were made by Citizen Don Miller of 3793 Old Ballinger Hwy.

General discussion was held on providing the following services: sewer, water, street lights, street cleaning, code enforcement, and police protection.

Mayor New officially closed the public comment period.

APPROVAL OF MATTERS RELATED TO HEALTH INSURANCE: THE BENEFITS PLAN DESIGN, HEALTH INSURANCE PREMIUMS, AND THE ALLOCATION OF SAVINGS DERIVED FROM THE HEALTH INSURANCE AND ANCILLARY PRODUCTS PROVIDER; ACCEPTANCE OF THE COMMITTEE’S RECOMMENDATION, AS PRESENTED, WITH THE FOLLOWING CHANGES TO THEIR RECOMMENDATION: REDUCE THE EMPLOYEE PREMIUM ADJUSTMENT FROM $16.50 TO$13.20; APPROXIMATE SAVINGS OF $52,500.00 SHALL REMAIN IN THE FUND TO OFFSET FUTURE YEAR EXPENSES; AND, UPON RECEIPT OF EARLY RETIREE REINSURANCE PROGRAMFUNDS, SAID FUNDS SHALL ALSO REMAIN IN THE FUND TO OFFSET FUTURE YEAR EXPENSES

Human Resources Director Lisa Marley presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Ms. Marley informed the City had been approved for $330K from the Early Retiree Reinsurance Program(ERRP) fund, but had not yet received the funds. She noted receipt of funds cannot be guaranteed based on the availability of funds and staff is working on the 2011 claims. Ms. Marley informed the monies must be utilized for provider cost of the plans and insurance related matters.

Motion, to accept the Committee’s recommendation, setting aside $324,500.00 to set up a rate stabilization fundcontingent on receiving the ERRP funds, and upon receipt of ERRP funds, an amount equal to said funds willtransferred from the rate stabilization fund to purchase the Emergency Response Type 3 brush truck, was made by Mayor New.

General discussion was held on the rate stabilization plan set up and expenditure process, health savings accountconcept, available physicians between both hospitals, additional cost to the patient to transfer medical records, receipt of the ERRP funds, possible transfers of funds between the self-insurance and probable rate stabilization accounts, future insurance rate and premium increases, and savings available for such increases.

Councilmember Morrison spoke in opposition of purchasing the brush truck with the savings. Mayor New withdrew his motion.

Motion, to accept the Committee’s recommendation with the following changes to the plan: reduce theemployee premium adjustment from 16.50 to 13.20; approximate savings of $52,500.00 shall remain in the fund to offset future year expenses; and, upon receipt of ERRP funds, said funds shall also remain in the fund to offset future year expenses; was made by Councilmember Hirschfeld and seconded by Councilmember Alexander.

Public comment was made by Citizen Jim Turner.

A vote was taken on the motion on the floor. AYE: New, Alexander, Silvas, Hirschfeld, and Farmer. NAY: Morrison and Adams. Motion carried 5-2.


EXECUTIVE/CLOSED SESSION

At 12:41 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo; Section 551.071 to consult with attorney with regard to a possible settlement agreement of the following: settlement with AEP Texas North Company of any and all claims that the City of San Angelo may have relating to utility charges for unmetered street lighting preceding February 16, 2011; and, Section 551.071 to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter on issues related to redistricting

OPEN SESSION (continued)

At 1:54 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS

At 1:54 P.M., Mayor New called a recess.

RECONVENE

At 2:14 P.M., Council reconvened, and the following business was transacted:

DISCUSSION ON AERIAL TRUCK RESPONSE EMERGENCY RUNS AND RELATED MATTERS

Assistant Fire Chief Kevin Lassiter presented background information.

General discussion was held on moving reserved equipment to Central Fire Station, supplying the firefighter with duplicate gear and equipment in order to man the additional vehicles, Insurance Offices Rating (ISO), and National Fire Protection Agency (NFPA) Code regulations and requirements.

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

Mayor New informed the item has been removed by staff and postponed until December 6, 2011.

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CHANGE ORDER #3 TO THE 50TH STREET CONSTRUCTION & GRAPE CREEK ROAD RECONSTRUCTION PROJECT (ES-1-11) IN THE AMOUNT OF $155,489.15 TO REECE ALBERT, INC. FOR CHANGING THE CONSTRUCTION OF 50TH STREET (TRAVIS ST. TO ARMSTRONG ST.) FROM HOT MIX ASPHALT PAVEMENT TO ROLLER COMPACTED CONCRETE PAVEMENT (RCC)

City Engineer Clinton Bailey presented background information.

Motion, to authorize, as presented, was made by Councilmember Morrison and seconded by Councilmember Adams.

General discussion was held on the design onto Grape Creek Road from N. Chadbourne, the drainage near and around the area, and the quality of the material, specifically related to wear, tear, and cracking.

A vote was taken on the motion on the floor. Motion carried unanimously.


FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ORDINANCE #2011-09-116, PREVIOUSLY AUTHORIZED TO EXECUTE ABANDONMENT OF AN ALLEY IN FAIRVIEW ADDITION, BLOCK 50

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; PROVIDESFOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDES FOR THE MAYOR TO EXECUTE AND DELIEVER 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.

Planning Manager AJ Fawver presented background information.

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

DENIAL TO ISSUE REBATES FOR WATER FEES

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

Motion, to deny the issuing of a water rebate, was made by Councilmember Alexander 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.

CONSIDERATION OF APPROVING A SETTLEMENT WITH AEP TEXAS NORTH COMPANY OF ANY AND ALL CLAIMS THAT THE CITY OF SAN ANGELO MAY HAVE RELATING TO UTILITY CHARGES FOR UNMETERED STREET LIGHTING PRECEDING FEBRUARY 16, 2011

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

DESIGNATION OF PLAN A AND PLAN C REDISTRICTING PLANS AS ILLUSTRATIVE PLAN(S) TO BE PROPOSED FOR PUBLIC CONSIDERATION AND COMMENT; AND, APPROVAL OF SCHEDULE FOR TWO (2) PUBLIC HEARINGS TO RECEIVE COMMENTS ON DESIGNATED REDISTRICTING ILLUSTRATIVE PLAN(S) FROM MEMBERS OF THE PUBLIC

City Manager Harold Dominguez presented background information.

Council agreed to hold two public hearings on December 6, 2011 and another to be scheduled by staff.

Motion, to designate Plan A and Plan C and hold one of two public hearings on December 6, 2011 and the other to be scheduled by staff, was made by Councilmember Farmer and seconded by Councilmember Adams.Motion carried unanimously.

APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:Civic Events Board: Gray Mundell (SMD5) to a 1st full term October 2014 and Scott Zaruba (Mayor) to a 2nd

full term October 2014


Motion, to approve various board nominations by Council and designated Councilmembers, was made by Mayor New and seconded by Councilmember Silvas. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed November 15, 2011 Agenda and solicited Council comments and suggestions.

Proposed rental ordinance, issues, staff involvement, and related Public Hearing

Consider recruiting Amateur Softball Association (ASA) & United States Specialty Sports Association (UAAASA) Softball leagues and how to coordinating the holding of both leagues

Drainage issue at northeast corner of Brown and E. 22nd Street; Mr. James Horne residence

ADJOURNMENT

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

The meeting adjourned at 3:12 P.M.


___________________________________ Alvin New, Mayor

ATTEST:

_______________________________Alicia Ramirez, City Clerk

Annexes A-C

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.)


THE CITY OF SAN ANGELO, TEXASTuesday, November 15, 2011

Certified Agenda for Executive/Closed Session

I. Announcement by Presiding Officer

“The City Council will begin its Executive Session on the November 15 day of Month, 2011, at _____P.M.”

Attendees included the City Council, City Manager Harold Dominguez, Asst. City Manager Rick Weise, Assistant City Manager Elizabeth Grindstaff, City Attorney Lysia H. Bowling, City Clerk Alicia Ramirez, and Finance Director Michael Dane.

II. Subject matter of each Executive Session deliberation

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:

III. Action

No formal action was taken by the City Council during the Executive/Closed Session. Action relative to any matter discussed during this session can be found in the minutes of the Regular Meeting of this same November 15.

IV. Announcement by Presiding Officer

“The City Council has completed its Executive Session on the November 15 day of Month, 2010, at ___P.M.”

CERTIFICATION

I hereby certify this Agenda of an Executive Session of the City Council of the City of San Angelo, at which I served as Presiding Officer, is a true and correct record of the proceedings and the only matter(s) as stated above were discussed, pursuant to Title 5, Texas Government Code, Chapter 551.

WITNESS my hand this _____ day of ____________, 2011.

THE CITY OF SAN ANGELO ___________________________________Alvin New, Mayor

ATTEST:

________________________________ Alicia Ramirez, City Clerk

City of San AngeloMemo

Date: November 17, 2011

To: Councilmembers

From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance

Subject: Agenda Item for December 6, 2011

Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651

Caption: Consent

Consideration of awarding bid VM-10-11 for Forklifts, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for forklifts from ASCO Equipment – San Angelo, TX, Cisco Equipment – San Angelo, TX, Warren CAT – San Angelo, TX, and Yellow House Machinery – San Angelo, TX. Bids were received from ASCO Equipment and Cisco Equipment.

History: Bids were requested for replacing current equipment that are past their useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base, advertised in local media and the internet. If awarded, the bid may be used for this and subsequent purchases for a period of one year from the date of award. This purchase, and all additional forklift purchases requested during the contract term, will be presented before Council for approval.

Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc.

Specifications were draft for a 7000# capacity forklift and an 8000# capacity all-terrain forklift. Submissions from both vendors met all specifications for the 7000# machine. Cisco Equipment’s submission for the 8000# forklift met all specifications. ASCO’s submission for the 8000# machine did not meet specifications regarding the type of cab requested and requested safety features and was therefore rejected for this machine.

Financial Impact: The City recommends awarding the bid in its entirety to Cisco Equipment. This purchase will consist of two (2) machines for a total amount expensed of $103,022.00. The budget account for this transaction will be 260-4400-800-0741 and 270-5400-800-0741.

Related Vision Item: NA

Other information/Recommendation: Staff recommends awarding the bid in its entirety to Cisco Equipment (San Angelo, TX).

Bids\Agenda Background\Background Memo VM-10-11 - Forklifts.docX:\PF Documents\Bid Documents\2012 Equipment

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-10-11 - Forklifts.doc

Attachments: Bid Tabulation VM-10-11

Reviewed by: Will Wilde, Water Director

C I T Y O F S A N A N G E L OBID TABULATION * RFB NO: VM 10 11/Forklifts November 9, 2011

Cisco Equipment ASCO ASCO Alternate

ItemDescription Q

TY

Unit Price Extended Price Unit PriceExtended

Price Unit Price Extended Price

1 7000# Forklift 1 31,420.00$ 31,420.00$ 39,855.00$ 39,855.00$ 35,350.00$ 35,350.00$2 8000# Forklift 1 71,602.00$ 71,602.00$ Did Not Meet Specifications Did Not Meet Specifications

Total Bid 103,022.00$ 39,855.00$ 35,350.00$

Bids Requested From:Associated Supply Company San Angelo, TXCisco Equipment San Angelo, TXWarren CAT San Angelo, TXYellow House Machinery San Angelo, TX

City of San AngeloMemo


To: Councilmembers

From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance

Subject: Agenda Item for December 6, 2011

Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651

Caption: Consent Consideration of awarding HGAC quote VM-23-11 for Police Patrol Vehicles, and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested a quote for 20 Pursuit Rated Vehicles for the Police Department. Dallas Dodge (Dallas, TX) responded through the State approved purchasing co-op HGAC, contract #VE03-06.

History: A quote was requested for vehicles to replace current units that have met their expected usable life. Vendor selection is based on the financial impact of the quote; the completeness of the quote; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, compliance with specifications, best overall value for the City, etc.

Financial Impact: The City recommends awarding the quote to Dallas Dodge for the acquisition of 20 Police Package Sedans for a total amount expensed of $429,220.00 through the Houston-Galveston purchasing co-op. The budget account for this transaction will be 501-8000-800-0742.

Related Vision Item: NA

Other information/Recommendation: Staff recommends awarding the quote in its entirety to Dallas Dodge (Dallas, TX) through HGAC contract #VE03-06.

Attachments: None

Reviewed by: Chief Vasquez, Chief of Police

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-23-11 - Police Patrol Vehicles.doc

MEMORANDUM


To: Mayor and Councilmembers

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

Subject: Consideration for 12-6-11 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. 16, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECTIN THE AMOUNT OF $354,526 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. 16 will provide the San Angelo Regional Airport with construction phase services, construction materials testing, and post-construction phase services associated with the Terminal Building Renovations project. The fee covers bi-weekly periodic site visits to observe work in progress by the Architects, as requested by the Federal Aviation Administration. KSA Engineers has been teamed with: Corgan Associates Inc, (Architect), Reed, Wells, Benson and Company (Mechanical/Electrical/Plumbing), L.A. Fuess Partners, Inc (Structural Engineering), and CAGE Inc.(Baggage Consultant.) The term of this Task Order will be for 18 months for the construction phase and 45 days for the post-construction phase.

Financial Impact: Total cost for Task Order No. 16 is $354,526 for which the Federal Aviation Administration will fund 95% which is $336,800 and the City is responsible for 5% or $17,726. The City will fund its share with Passenger Facility Charges (PFC).

Related Vision Item: Adequately Maintain Infrastructure.

Other Information/Recommendation: Staff recommends approval.

Attachments: Task Order No. 16

Presentation: None

Publication: None

Reviewed by Director: Luis Elguezabal, A.A.E., Airport, 11-17-11

TASK ORDER N0. 16

Task Order No. 16Page 1 of 3

Task Order No. 16 – Terminal Renovations Construction Phase Services

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: Terminal Renovations Construction Phase Services

B. Description: Conduct construction phase services, construction materials testing, and post-construction phase services associated with the Terminal Building Renovations project at San Angelo Regional Airport.

2. Services of Engineer

A. Provide the services in Exhibit A – Schedule of Engineer’s Services as outlined below.

a. The services outlined in Paragraph A1.01 Study and Report Phase of the General Services Agreement are NOT included in this Task Order.

b. The services outlined in Paragraph A1.02 Preliminary Design Phase of the General Services Agreement are NOT included in this Task Order.

c. The services as outlined in Paragraph A1.03 Final Design Phase of the General Services Agreement are NOT included in this Task Order.

d. The services as outlined in Paragraph A1.04 Bidding or Negotiating Phase of the General Services Agreement are NOT included in this Task Order.

e. During the Construction Phase ENGINEER shall: Provide the services outlined in Paragraph A1.05 Construction Phase of the General Services Agreement.

f. During the Post-Construction Phase ENGINEER shall: Provide the services outlined in Paragraph A1.06 Post-Construction Phase of the General Services Agreement.

B. This task order does not include services for study and report phase, preliminary design phase, final design phase, geotechnical investigations, resident project representative or inspection.

3. Owner's Responsibilities

A. See Exhibit B of Standard Form of Agreement dated May 4, 2010.

This is Task Order No. 16, consisting of 3 pages.

San Angelo Regional AirportTask Order No. 16KSA Project No. SAN.009

TASK ORDER N0. 16


4. Times for Rendering Services

Phase Completion Date

Construction Phase 18 Months from Notice to Proceed

Post-Construction Phase 45 Calendar Days from Notice to Proceed

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

5. Payments to Engineer

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

Category of Services Compensation Method FeeConstruction Phase

Construction Materials Testing

Post-Construction Phase

Lump Sum

Lump Sum

Lump Sum

TOTAL

$321,708.00*

$27,818.00

$5,000.00

$354,526.00* Fee includes the following: review and respond to Requests for Information (RFI’s), review and comment on Submittals from the Contractor, periodic site visits to observe work in progress (Architect every two weeks), participation in Construction Meetings by phone (unless in town for site observation), and site visits for specific milestones or equipment installations (Architect or other disciplines as required).

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

6. Consultants:

Corgan Associates, Inc. – Architect

Reed, Wells, Benson and Company – Mechanical/Electrical/Plumbing (MEP)

L.A. Fuess Partners, Inc – Structural Engineering

CAGE Inc. – Baggage Consultant

7. Other Modifications to Agreement:

None

8. Attachments:

None

9. Documents Incorporated By Reference:

None

TASK ORDER N0. 16


Terms and Conditions: Execution of this Task Order by OWNER and ENGINEER shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. ENGINEER is authorized to begin performance upon its receipt of a copy of this TaskOrder signed by OWNER.

The Effective Date of this TASK Order is , .

OWNER: ENGINEER:City of San Angelo KSA Engineers, Inc.

By: By:

Name: Harold Dominguez Name: Joncie H Young, P.E.

Title: City Manager Title: President

Attest: Alicia Ramirez, City Clerk(SEAL)

DESIGNATED REPRESENTATIVE FOR TASK ORDER:

DESIGNATED REPRESENTATIVE FOR TASKORDER:

Name: Luis E. Elguezabal, A.A.E. Name: David A. Alexander, P.E.

Title: Airport Director Title: Project Manager

Address: 8618 Terminal Circle, Suite 101San Angelo, TX 76904

Address: 5301 Knickerbocker Road, Suite 120San Angelo, Texas 76904

E-Mail Address: [email protected]

E-Mail Address: [email protected]

Phone: 325-659-6409 Phone: 325-947-1555

Fax: 325-657-0050 Fax: 325-947-1559

Approved as to content Approved as to form

_____________________________ _____________________________Luis E. Elguezabal, Airport Director Lysia H. Bowling, City Attorney

Memo Date: November 16, 2011

To: Mayor and Council Members

From: Roger S. Banks, Purchasing, Division Manager

Subject: Agenda Item for December 6, 2011 Council Meeting

Contact: Diana Farris, Purchasing Specialist, 657-4212

Caption: Consent Item

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

A. 37 W 21st Street, (Green), Lot 2, Block 27, Lasker Addition, $2,500, Suit No. B-05-0070-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.

OFFERSLocation Size Date Auctioned Offer Will Satisfy…

37 W 21st Street 50’ x 140’ 03/04/08 The total amount due under the judgment

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.

37 W 21st StreetTaxes $2,746.28Sheriff Fees $100.00District Clerk $548.00Attorney Fees $275.00Administration $350.00Municipal Liens $0.00

Total $4,019.28

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 itis recommended that the above offer(s) be accepted.

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

Presentation: N/A

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

City of San Angelo

RESOLUTION AUTHORIZINGSALE OF REAL PROPERTY

(Not 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 2, Block 37, Lasker Addition, an addition to the City of San Angelo, TomGreen County, Texas, as described in Volume 797, Page 597, Official Public Records of Real Property of Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’sTax Deed, recorded on Instrument No. 649603 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 greater than or equal to the market value specified in the Judgment of foreclosure or greater than or equal to 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 MARTHA DOMINGUEZ GREEN, a single person, for the consideration of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) and that the sale for said amount is also hereby authorized and approved.

APPROVED AND ADOPTED ON THE DAY OF , 2011.


_______________________________Alvin New, Mayor

Attest:

_____________________Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Content:

______________________ ____________________________Lysia Bowling, City Attorney Roger S. Banks, Purchasing Manager

City of San Angelo



From: Will Wilde, Water Utilities Director


Contact: Will Wilde, Water Utilities Director, 657-4209


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

Summary: Glen Meadows Baptist Church 6002 Knickerbocker RoadLot 1, Group 2 $312,358

History: None.

Financial Impact: Proceeds from the sale of lake lots go into the Lake Nasworthy Trust Fund.

Related Vision Item (if applicable): None.

Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council.

Staff recommends approval. Attachments: Appraisal Report (Glen Meadows Baptist Church)

Presentation: None. Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, November 9, 2011.

City of San Angelo

Memo Date: December 2, 2011


From: Ron Perry, Emergency Management Coordinator


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

Caption: Consent

Consideration of approving 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 authorizing the Mayor and/or City Manager to execute said agreement.

Summary: The capability of mobilizing resources from the state, federal, and private sector will enable the quick augmentation of local and regional medical and health resources, supporting the effective management and distribution of the Strategic National Stockpile (SNS), during a Public Health emergency.

History: With a recent change in Emergency Management and Public Health preparedness requirements, establishing designated Point Of Dispensing (POD) sites throughout the Tom Green County area and working with the Department of State Health Services in procuring these medications for a Public Health emergency will assist in the mitigation process to prepare for such an emergency.

Financial Impact: All reasonable and eligible costs, including lost revenues relating to use of the facility, associated with the Strategic National Stockpile may be submitted for consideration and reimbursement through established disaster assistance programs.

Related Vision Item

(if applicable):

N/A

Other Information/ Recommendation:

Staff recommends approval for the Mayor or City Manager to sign the Memorandum of Understanding (MOU) Agreement between the City of San Angelo and the Department of State Health Services, Health Service Region 9/10

Attachments: EM DSHS MOU Agreement.pdf

Presentation: N/A

Publication: N/A

Reviewed by Harold Dominguez, City Manager,

Service Area Director:

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

San Angelo Metropolitan Planning

Organization


To: Mayor and City Council members

From: Doray Hill, Jr., Interim MPO Director

Subject: Agenda Item for October 21, 2008 Council Meeting

Contact: Doray Hill, Jr. Interim MPO Director

Caption: Consideration of authorizing the City Manager or his designee to execute a

Planning Contract between the San Angelo Metropolitan Planning Organization, the Texas Department of Transportation, and the City of San Angelo

Summary: This contract is a requirement by the Texas Department of Transportation. All twenty-five Metropolitan Planning Organizations in the State of Texas are required to have a Planning Contract.

History: The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in place between the City of San Angelo and the Texas Department of Transportation. This agreement was executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract (Agreement) was recently given to the Texas MPOs that have changes, which incorporate recent legislation. The current contract will remain in effect until this new one can be signed. The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-MPO. This attached agreement does not change any of the responsibilities of the fiscal agent rather, it includes new federally required provisions.

The City of San Angelo legal staff approved this agreement. Additionally, the San Angelo Metropolitan Planning Organization Policy Board approved this agreement at their November 3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation for

the State of Texas execution. The new contract after signed will expire on September 30, 2012, as did the recently signed contract. Financial Impact: n/a Related Vision Item (if applicable): n/a

Notification: n/a Attachments: Agreement with Metropolitan Planning Organization Presentation: n/a

Publication: n/a

Reviewed by: n/a

San Angelo Metropolitan Planning

Organization



From: Doray Hill, Jr., Interim MPO Director

Subject: Agenda Item for October 21, 2008 Council Meeting

Contact: Doray Hill, Jr. Interim MPO Director

Caption: Consideration of authorizing 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

Summary: This contract is a requirement by the Texas Department of Transportation. All twenty-five Metropolitan Planning Organizations in the State of Texas are required to have a Planning Contract.

History: The San Angelo Metropolitan Planning Organization (SA-MPO) has a contract currently in place between the City of San Angelo and the Texas Department of Transportation. This agreement was executed on March 15, 2011 and will expire September 30, 2012. A new Planning Contract (Agreement) was recently given to the Texas MPOs that have changes, which incorporate recent legislation. The current contract will remain in effect until this new one can be signed. The City of San Angelo is being asked to sign this new contract as the fiscal agent of the SA-MPO. This attached agreement does not change any of the responsibilities of the fiscal agent rather, it includes new federally required provisions.

The City of San Angelo legal staff approved this agreement. Additionally, the San Angelo Metropolitan Planning Organization Policy Board approved this agreement at their November 3, 2011 meeting. This contract will be forwarded to the Texas Department of Transportation for the State of Texas execution. The new contract after signed will expire on September 30, 2012, as did the recently signed contract. Financial Impact: n/a Related Vision Item (if applicable): n/a

Notification: n/a Attachments: Agreement with Metropolitan Planning Organization Presentation: n/a

Publication: n/a

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

City of San Angelo

Memo Date: 11/03/11


From: Chief Tim Vasquez


Contact: Chief Tim Vasquez, 657-4336


Consideration of approving 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 authorizing 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

Summary: This is an annual service contract that provides 24/7 technical support for Intergraph Public Safety products. This service can not be supported or purchased locally.

History: The City of San Angelo selected Intergraph as its Public Safety Software vendor in 1999 and each year following a maintenance contract has been purchased.

Financial Impact: The Intergraph maintenance contract for this year is $137,861.96. The funds for the contract are budgeted in the San Angelo Public Safety Communications Budget FY 2011-2012. Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval of Intergraph maintenance contract. Attachments: Intergraph quote # 1-5TT6NH, Intergraph Maintenance Contract

Presentation: None

Publication: N/A

Reviewed by Service Area Director: Chief Tim Vasquez, Police Department, November 3,2011

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Page 1 of 15

Security, Government & Infrastructure (SG&I) U.S. Maintenance Terms and Conditionsfor Software

This document (“Terms and Conditions”) and the Quote to which these Terms and Conditions are attached set forth the terms and conditions for the maintenance of software and related support services by Intergraph Corporation, doing business as the Security, Government and Infrastructure Division (“Intergraph”) for Customer.

1. DEFINITIONS

1.1. “Affiliate” means any entity or person controlled by or under common control of Intergraph Corporation. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Intergraph Corporation is as well deemed an Affiliate of any other Affiliate of Intergraph Corporation; also Intergraph Corporation is an Affiliate of any of its Affiliates.

1.2. “Agreement” means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein.

1.3. “Coverage Period” means the period of performance set forth in the Quote.

1.4. “Covered Products” means the software listed on the Quote for which Services are to be provided to Customer by Intergraph. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software.

1.5. “Customer” means the entity or person purchasing Services.

1.6. “Quote” means a quotation for Services submitted to Customer by Intergraph or an authorized Intergraph partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Intergraph, according to, Section 3.2 and/or Section 12.1.

1.7. “Services” means the maintenance and support services for Covered Products that are further described in the Agreement.

1.8. “Software Product” includes Intergraph’s or Intergraph’s Affiliate’s computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and “online” or electronic documentation, all copies, and any Updates of such Software Products. Software

Page 2 of 15

Products are subject to all of the terms and conditions of the End-User License Agreement (“EULA”) provided with the Software Product.

1.9. “Third Party Software” means computer software or other technology in which any person or entity, other than Intergraph or Intergraph’s Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use ofThird Party Software is subject to all of the terms and conditions of the third party’s software license or similar agreement (“SLA”) provided with the Third Party Software.

1.10. “Update(s)” means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer’s current version of the Covered Products.

1.11. “Upgrade(s)” means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products.

2. AUTHORIZATION OF SERVICES

By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote; (c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a Quote, Customer authorizes Intergraph to provide the Services for Covered Products during the Coverage Period in accordance with the Agreement. The Services will be provided by Intergraph in accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become binding and effective upon the written acceptance by Intergraph or the first delivery of the Services set forth in the Quote, whichever is earlier.

3. TERM

3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only.

3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Intergraph will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Intergraph, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests.

4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE

4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the “Renewal Coverage Period”) shall begin on the first day after the

Page 3 of 15

expiration or termination of the last paid-in-full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Intergraph will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then-current month.

4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased.

5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS

Services described in this Section apply to Software Products only. Services for Third Party Software are set forth in Section 10.

Intergraph offers two levels of Services for Software Products included in the Covered Products: Standard Support and Premium Support. Under both levels of Services, Intergraph shall provide reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide general advice as to the use of the Software Products included in the Covered Products. The level of Services will be set forth on the Quote and will include the following:

5.1. Standard Support: Standard Support will include and be limited to the following:

5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Intergraph’s Customer Support Web Site where available at http://esupport.intergraph.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM – 5PM at Customer’s local time, excluding Intergraph-observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer’s local Intergraph office.

5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Intergraph will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the “Support Notices and Announcements” section on the Customer Support Web Site or applicable local support website or via direct notification by Intergraph. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Intergraph. Updates are shipped to Customer upon Customer request. Intergraph is not obligated to produce any Updates.

5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem Knowledge Base, an on-line self-help tool.

Page 4 of 15

5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning production is down), then phone support is also available after-hours and on Intergraph-observed holidays.

Intergraph may not provide both levels of support for all Software Products in all countries. Customer may choose any level of Services offered, however all Software Products included in the Covered Products under the Agreement must have the same level of Services when available.

Services are only available for the current version and the one version prior to the current version of a particular Software Product. Services are limited to the specific Software Products listed on the Quote and functioning on the appropriate Intergraph-supported operating system.

6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER’S OBLIGATIONS

Performance of Services by Intergraph is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (collectively, minimum system requirements and customer obligations hereinafter referred to as “Customer Obligations”):

6.1. Customer’s hardware and operating system software must meet the minimum system requirements specified by Intergraph and made available to Customer upon request.

6.2. Customer’s system must have input and output devices that enable the use of Intergraph’s diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Intergraph upon request.

6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products.

6.4. Customer will ensure availability of its own system technical support personnel so that Intergraph can fulfill its Service obligations.

6.5. When reporting problems to Intergraph’s Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Intergraph to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed.

6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Intergraph through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Intergraph.

6.7. Customer is solely responsible for assuring the compatibility of non-Intergraph products with products provided by Intergraph.

6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Intergraph will not be liable for lost data.

In addition, Customer shall provide for any other requirements reasonably specified by Intergraph and related to the rendition of the Services to be met.

If Customer fails to fulfill its Customer Obligations, Intergraph is entitled to bill Intergraph’s time and effort made necessary by Customer’s failure at Intergraph’s currently stated hourly rates.

7. EXCLUDED SOFTWARE SERVICES

Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively “Excluded Services”):

7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration

Page 5 of 15

7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System-level tuning and optimization and system administration support 7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in

accordance with Section 8 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of

Services7.10. Services required due to modifications of Covered Products by Customer. In the case of

Intergraph software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products

7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer’s disregard of the installation and operating instructions according to the documentation provided with the Covered Products

7.12. Services required due to failure of software or hardware not supplied by Intergraph and not covered in the Agreement

7.13. Services required due to Customer’s use of hardware or software that does not meet Intergraph specifications or failure of Customer to maintain or perform industry standard maintenance on Customer’s hardware or software

7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Intergraph, or used with peripherals, operational equipment or accessories not conforming to Intergraph’s specifications

7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Intergraph’s fault.

7.16. Services required due to customer’s failure to fulfill the Customer Obligations set forth in Section 6

7.17. Services required due to faulty or incomplete Customer data.

When ordered by Customer, Excluded Services or other software maintenance support services that are outside the scope of this Agreement will be billed by Intergraph according to the stated hourly rates and material prices in effect at the time such service is performed.

8. SYSTEM SUPPORT TECHNICIAN

8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services (“Authorized Contacts”).

8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Intergraph to handle them efficiently. Authorized Contacts must have successfully completed Intergraph product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer’s operating system, network, and hardware and software systems. Customer agrees to promptly notify Intergraph of any replacement of an Authorized Contact.

9. REMOTE ACCESS

Page 6 of 15

Customer will permit Intergraph to electronically access Customer’s system via SecureLink™. SecureLink™ is a tool for providing secure, auditable remote access to Customer’s system in order for Intergraph support personnel (“Customer Support”) to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. The Authorized Contacts should be available to assist Intergraph Customer Support as needed during this entire process. Customer Support will only access Customer’s system with the knowledge and consent of Customer. For local variances specific to the use of remote access tools other than SecureLink™, Customer should contact the local Intergraph support office.

10. THIRD PARTY SOFTWARE

Support and Updates of Third Party Software shall be provided in the fashion and to the extent or duration that Intergraph is authorized to provide such by the third party manufacturer of the Third Party Software, and such Third Party Software Services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software.

Services and Updates for any Third Party Software that are not listed on the Quote must be obtained from the third party owner of the products or their designated representative.

11. REQUIRED COVERAGE

11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2.

11.2. Prerequisite Licenses. All prerequisite Intergraph software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote.

12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS

12.1. Additions of Covered Products to Maintenance.

12.1.1. Additional Software Products from Intergraph. In the event Customer purchases additional licenses of Software Products from Intergraph during the term of this Agreement, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement.

12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Intergraph in writing about the newly acquired Software Products, and upon receipt of such notice, Intergraph will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Intergraph may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement.

12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in

Page 7 of 15

Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote.

12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the then-current Intergraph Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product.

12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Intergraph on a “Software Relinquishment Agreement” that the copies of the Covered Product for which Customer desires to cease Services (the “Relinquished Licenses”) for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re-purchase the licenses at the then current list price.

13. PAYMENT

13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice.

13.2 Past Due Accounts. INTERGRAPH RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Intergraph, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (iii) under any agreement between Intergraph and Customer’s parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Intergraph shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Intergraph is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees and court costs.

13.3 Customer’s Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact

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Intergraph within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period.

14. CUSTOMER WARRANTIES

During the Coverage Period, Customer shall commit to the following:

14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Intergraph so that Intergraph may issue a revised Quote toCustomer.

14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote.

14.3. Customer shall, and Customer shall cause each of Customer’s employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement.

15. INTELLECTUAL PROPERTY

15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Intergraph, Intergraph’s Affiliate or applicable third party, and are licensed in accordance with the then current Intergraph EULA, EULA of Intergraph’s Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer’s request, Intergraph shall provide customer with such EULA or SLA. Upon Intergraph’s request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA.

15.2. Confidential Information. Intergraph and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement “Confidential Information” shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. The terms and conditions, and existence, of this Agreement shall be deemed Confidential Information. Confidential Information also shall include, whether or not designated “Confidential Information” (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Intergraph or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers.

Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Intergraph shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties

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the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature.

The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it, generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information.

16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS

16.1. Limited Warranties.

16.1.1. Intergraph Services Warranty. Intergraph warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Intergraph of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement.

16.1.2. Intergraph Software Warranty. Intergraph warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Intergraph Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products.

16.1.3. Pass-Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer.

16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF INTERGRAPH. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN INTERGRAPH WARRANTS

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THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW.

16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Intergraph’s entire liability and Customer’s exclusive remedy shall be, in Intergraph’s sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement.

Intergraph is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose.

16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY INTERGRAPH OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERGRAPH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INTERGRAPH DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER’S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN INTERGRAPH DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTERGRAPH OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH’S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO INTERGRAPH DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN

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TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN INTERGRAPH LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

18. TERMINATION

This Agreement may only be terminated prior to its expiration in the following ways:

18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party’s business.

18.2. Customer fails to pay Intergraph any amount when due (i) under this Agreement; or (ii) under any other agreement between the parties.

18.3. Customer’s license to the Covered Products for which Customer has purchased Services is terminated.

19. RESTRICTIONS

19.1. Non-Solicitation of Employees. Customer agrees that it will not, without the prior written consent of Intergraph, solicit or hire any Intergraph employee, or induce such employee to leave Intergraph’s employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. Customer agrees that a breach of this provision would cause actual and substantial damages to Intergraph such that it would be very difficult to calculate actual damages. Accordingly, any such breach will entitle Intergraph to recover liquidated damages from Customer in the amount equal to one (1) year of the affected employee’s annual salary plus benefits for each such breach, as well as expenses, costs, and reasonable attorneys’ fees incurred by Intergraph in seeking enforcement of this Agreement. Customer agrees that the foregoing amount is intended to be, and in fact is, a reasonable estimate of the actual damages that would be incurred by Intergraph if Customer were to breach this provision, and that this amount is not intended to be, and in fact is not, a penalty. In addition, Intergraph shall be entitled to equitable or injunctive relief to prevent further breaches. For purposes of this Section, the term “employee” means employees of Intergraph and/or any Intergraph subsidiary and/or any of Intergraph’s subcontractors who directly support Customer.

19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies.

19.2.1. For civilian agencies: The Covered Product was developed at private expense and is “restricted computer software” submitted with restricted rights in accordance with the Federal Acquisition Regulations (“FAR”) 52.227-19 (a) through (d) (Commercial Computer Software – Restricted Rights).

19.2.2. For units of the Department of Defense (“DoD”): The Covered Product was developed at private expense and is “commercial computer software” submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations

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(“DFARS”) DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation).

19.2.3. Notice: The Covered Product is “commercial computer software” as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes “technical data” as defined in DFARS 252.227-7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this “commercial computer software” shall be in strict accordance with the manufacturer’s standard commercial license, which is attached to and incorporated into the governing Government contract. Intergraph and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States.

19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Intergraph, its subsidiaries or distributors (collectively, “Export Controlled Products”) are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re-exported, directly or indirectly (including via remote access), under the following circumstances:

19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries.

19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.gov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (http://www.pmddtc.state.gov/compliance/debar.html).

19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses.

19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place.

Any questions regarding export or re-export of an Export Controlled Product should be addressed to Intergraph Corporation’s Export Compliance Department, 19 Interpro Road, Madison, Alabama, United States 35758 or at [email protected].

20. TAXES

All charges under this Agreement are exclusive of each and every country’s federal, provincial, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees (“Taxes”). Customer shall be liable for, and shall indemnify and hold Intergraph harmless from and against, any and all Taxes. Taxes shall expressly exclude any federal, state, municipal, or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Intergraph’s income, capital and/or assets. The total invoice amount for charges under this Agreement is subject to increase by the amount of any Taxes which Intergraph is required to withhold, collect, or pay regarding the transactions under this Agreement so

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that Intergraph receives the full amount of the charges on Intergraph’s invoices. Any certificate to exempt the Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer’s expense.

21. GENERAL

21.1. Third Party Providers. Intergraph reserves the right to provide Services through a third party provider.

21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Intergraph does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express written consent of Intergraph. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original.

21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Intergraph and Customer, with the latest addendum taking precedence over any earlier addenda; (ii) the Quote; and (iii) these Terms and Conditions.

21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement.

21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions.

21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party’s right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement.

21.7 Notices. Any notice or other communication (“Notice”) required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Intergraph’s address for Notices is Intergraph Corporation, 19 Interpro Road, Madison, Alabama 35758, Attn: SG&I Contracts, M/S IW17A1.

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21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Intergraph may assign its rights and obligations under this Agreement, without Customer’s approval, to (i) an entity which acquires all or substantially all of the assets of Intergraph or the Intergraph division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Intergraph. Any attempt by Customer to sublicense, assign or transfer any of Customer’s rights or obligations under this Agreement, except as expressly provided in this Agreement, is void.

21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure.

21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

21.11 Waiver of Jury Trial. Intergraph and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement.

21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Intergraph for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Intergraph will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Intergraph has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together.

21.13 Attorneys’ Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys’ fees and costs for all such legal proceedings, including for trial and all levels of appeal.

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21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer’s convenience only.

21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination.

SGI-092410b

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.

RE: abandonment of a public right-of-way being one block of an alley in Block 50 of the Fairview Addition, extending from North Archer Street to North Bell Street.

WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, by and through ordinance 2011-09-116, adopted October 18, 2011, deemed it advisable to abandon and convey the hereinafter described tract of land to the abutting property owners and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and

WHEREAS, paragraph numbered 4 therein authorizes the Mayor of the City of San Angelo to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owners; and further provides for reservation of an easement for sewer utility, when in fact there is no sewer utility within the tract to be conveyed; and,

WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner(s) without reservation of an easement for sewer utility, there being no sewer utility in the tract to be conveyed; NOW, THEREFORE,

BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF SAN ANGELO:

Section 1 That paragraph number 4 of Ordinance Number 2011-09-116, adopted on the 18th day of October, 2011, is hereby amended by repealing paragraph number 4 therein and restating paragraph number 4 in its entirety to read as follows:

“4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver a quit claim deed conveying the above-described tract to the abutting property owners; and, said deed shall furthermore conform to all other conditions and restrictions herein set out.”

Section 2 That all provisions of ordinance 2011-09-116, not herein amended shall remain in full force and effect.

INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTED ON this the 6th day of December, 2011.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest:

Alicia Ramirez, City Clerk


A.J. Fawver, Planning Manager Lysia H. Bowling, City Attorney

November 15, 2011

City Council members

Jeff Hintz, Planner

Renaming of River Drive extending from 19th Street to Irving Street.

On December 1, 1992, the City Council adopted an ordinance renaming street segments known as West Park and North Park Drives, to the current names of West River and North River Drives.

On October 18, 2011, Tim Vasquez of the TGC All Veterans Council requested that City Council consider renaming River Drive to Veterans Memorial Drive. Councilmember Farmer offered to sponsor the request on behalf of the group.

On November 1, 2011, Councilmember Farmer requested this item

and City Engineer Clinton Bailey presented background information. The City Council voted unanimously to direct staff to begin the street name change procedure, to change the entirety of River Drive to Veterans Memorial Drive.

On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on River Drive; 10 owners in total. Staff will present a formal ordinance to make this change complete,

which will require two readings.

The City Council may:

1. Approve the proposed street name change; or

2. Deny the proposed street name change and make an alternative motion; or

3. Deny the proposed street name change.

City staff recommends approving the proposed street name change.

AN ORDINANCE CHANGING THE NAME OF RIVER DRIVE,EXTENDING FROM ITS INTERSECTION WITH 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

WHEREAS, The City Council of the City of San Angelo desires to honor our Veterans of Wars for their significant service and self-sacrifice to the United States of America and our community; and,

WHEREAS, throughout the world, across this great country, and within our community Americans pause on Veterans’ Day to honor our brave fighting men and women; and,

WHEREAS, We recognize that all our Veterans have given something of themselves to this country – and some have given all - laying down their lives to defend the freedoms we hold so dear; and,

WHEREAS, renaming “River Drive” to “Veterans Memorial Drive”, extending from its intersection with 14th Street to the West to its intersection with Irving Street on the East, would honor our Veterans of Wars;

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

Section 1. That River Drive, extending from its intersection with 14th Street on the West to its intersection with Irving Street on the East, be re-named and is hereby named: “Veterans Memorial Drive”.

Section 2. That this ordinance shall become effective from and after the date of its adoption.

INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTED on this 6th day of December, 2011.


Alvin New, MayorATTEST


APPROVED AS TO CONTENT APPROVED AS TO FORM


City of San Angelo

Memo Meeting Date: November 15, 2011

To: City Council members

From: Jeff Hintz, Planner

Subject: Renaming of 50th Street extending from Grape Creek Road to Covington Road.

Background: On September 20, 2011, Councilmember Morrison requested this item and City Engineer Clinton Bailey presented background information. There was extensive discussion regarding what the name should be, and no action was taken at that time.

On October 18, 2011, the City Council voted unanimously to direct staff to begin the street name change procedure, to change the entirety of 50th Street to Lake View Heroes Drive.

On November 3, 2011, Planning Staff mailed out notifications to all property owners with frontage on 50th Street; 55 owners in total.

Staff will present a formal ordinance to make this change complete, which will require two readings.

Summary: The City Council may:

1. Approve the proposed street name change; or

2. Deny the proposed street name change and make an alternative motion; or

3. Deny the proposed street name change.

Recommendation: City staff recommends approving the proposed street name change.

Attachment: DRAFT Ordinance


WHEREAS, Lake View Subdivision is one of the oldest subdivisions in the City of San Angelo; and,

WHEREAS, Lake View High School has celebrated its centennial and has historically shared the commitment of the San Angelo community to high student achievement and excellence; and,

WHEREAS, many residents and former residents of Lake View Subdivision are graduates of Lake View High School and are Veterans of Wars;

WHEREAS, the City Council of the City of San Angelo desires to recognize the contributions to our community of the residents and former residents of Lake View Subdivision and of Lake View High School; and,

WHEREAS, the City Council of the City of San Angelo desires to honor our Veterans of Wars for their significant service and self-sacrifice to the United States of America and our community; and,

WHEREAS, 50th Street, from its intersection with Grape Creek Road on the West to its intersection with Covington Road on the East traverses that part of the City of San Angelo known as Lake View, and renaming that segment of 50th Street from “50th Street” to “Lake View Hero’s Drive” would commemorate the Lake View Subdivision and Lake View High School, and honor our Veterans of Wars;

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

Section 1. That 50th Street, from its intersection with Grape Creek Road on the West to its intersection with Armstrong Street on the East, be re-named and is hereby named: “Lake View Heroes Drive”.

Section 2. That this ordinance shall become effective from and after the date of its adoption.

INTRODUCED on the 15th day of November, 2011 and finally PASSED, APPROVED AND ADOPTED on this 16th day of December, 2011.


Alvin New, MayorATTEST




MEMORANDUM



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

Subject: Consideration for 12-06-11 meeting

Contact: Luis Elguezabal, A.A.E., Airport, 325-659-6409 or Extension 1010

Caption: CONSIDERATION OF AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO AWARD BID No. AP-04-11, AND AUTHORIZE ALL RELATED DOCUMENTS, IN THE AMOUNT OF $5,925,715 TO TEMPLETON CONSTRUCTION, L.P. FOR THE TERMINAL RECONSTRUCTION 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. On December 7, 2010, City Council approved KSA Task Order No. 12 which provided for the preparation and technical specifications for the terminal building rehabilitation.

Summary: Four companies bid for this construction project. The low bid is from Templeton Construction, L.P. who has done previous work at the San Angelo Regional Airport including the construction of the new concourse. Based upon previous project experience, Templeton Construction L.P. is capable of completing the work at the San Angelo Regional Airport.

Based upon recent discussions with the FAA it is recommended that the project be awarded to Templeton Construction L.P. for the total base bid plus additive alternate No’s: 2, 3, 4, 5, and 7 for a total contract amount of $5,925,715. Additive alternate no. 2 is for a vending area modification on the concourse level. Additive alternate no. 3 is for the removal of a grease interceptor in room A137. Additive alternate no. 4 is for LED lighting associated with the entry monument sign. Additive alternate no. 5 is for a new bag claim device if it is determined to be necessary during construction. Additive alternate no. 7 is for the installation of a new security and public address system. The entire project is expected to last 18 months.

Financial Impact: The Federal Aviation Administration (FAA) will pay $5,154,430. The City is obligated to pay $371,286 which will come from Passenger Facility Charges (PFC’s), andCOSADC has obligated $500,000 towards the project’s non-federal eligible costs.

Related Vision Item: Adequately maintain infrastructure • Transportation

Other Information/Recommendation: Staff recommends approval.

Attachments: Memorandum - Terminal Renovation Financing

Bid Tabulation

Project Agreement Form Presentation: None

Publication: None

Reviewed by Director: Luis Elguezabal, A.A.E., Airport

SAN ANGELO REGIONAL AIRPORT TERMINAL RENOVATOINSPROJECT AGREEMENTFAA PROJECT NUMBER

FAA AIP N0. 3-48-0191-031-2010

This Agreement is entered into this ___ day of ____________, 2011, by and between the

City of San Angelo, a Texas home-rule municipal corporation, (“City”) and Templeton

Construction Co, a domestic for-profit corporation whose address is 521 West Beauregard, San

Angelo, (“Contractor”).

RECITALS

A. The City has issued a Request for Bids for No. AP-04-11, San Angelo Regional

Airport Terminal Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFB

No. AP-04-11”) at San Angelo, Texas (“Proposal”), for a terminal renovation project to renovate

the existing terminal building at San Angelo Regional Airport (“Work”); and Contractor’s bid, in

response thereto, has been selected as the most qualified proposal for the provision of the Work.

B. On _______________, 2011, the City Council of the City of San Angelo,

approved the selection of Contractor and authorized the City Manager to execute an agreement

(“Agreement”), under the terms and conditions set forth herein.

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

contained, Contractor and the City agree as follows:

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TERMS

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

and made a part of this Agreement.

2. SCOPE OF WORK:

A. Contractor agrees to perform all of the Work and furnish all of the material,

supplies, tools, equipment, labor and other services necessary for the construction and

completion of the Work described in RFB No. AP-04-11 for the terminal renovation project

consisting of renovations of the existing the San Angelo Regional Airport terminal building,

including demolition, new square footage construction, electrical, mechanical, plumbing,

security system, civil, and baggage system improvements as directed by the City, and complete

all the Work as specifically described and indicated, and under the special terms and conditions

set forth in the Contract Documents described under Section 7 of this Agreement and which by

this reference are incorporated as if fully set out herein.

B. Contractor acknowledges that all of the provisions in RFB No. AP-04-11, Section

5, Federal Provisions are required by federal law for projects using FAA funding sources and

that project which is the subject of this Agreement is funded by FAA funding sources.

Contractor agrees that compliance with each of the provisions under Section 5 of RFB No. AP-

04-11 is required by all participants in the project and agrees that failure to comply by Contractor

or agents, employees or subcontractors of Contractor or to perform and complete all Work

required under this Contract in accordance with all applicable FAA and federal laws, regulations

and provisions and requirements constitutes a material breach of the terms of the Contract

Documents subject to all remedies authorized herein or under law.

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

licenses and expertise required under the Bid proposal for the performance of the Work; (ii) it is

not delinquent in the payment of any sums due City, including payment of permit fees,

occupational licenses, etc., nor in the Work of any obligations to City; (iii) all personnel

assigned to perform the Services are and shall be, at all times during the term hereof, fully

qualified and trained to perform the tasks assigned to each; and (iv) the Work will be performed

in the manner described in the Contract Documents.

3. TIME OF PERFORMANCE: Contractor agrees to substantially complete the

Work within five hundred forty (540) consecutive calendar days (“Contract Time”) after the date

the Work commences as established by the Notice to Proceed. Contractor further agrees that

approval for beginning Work on the project will not be given and that Work will not start until

all required bonds and insurance certificates specified in the bid documents have been received

and approved by the City.

4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of

performance is of the essence in this Agreement and that City will suffer financial loss if the

Work is not substantially complete within the time specified in Section 3 above, plus any

extensions thereof allowed. Both parties hereto also recognize the delays, expense, and

difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Work

is not substantially complete on time. Accordingly, instead of requiring such proof, City and

Contractor agree that a reasonable estimate of liquidated damages for any delay (but not as a

penalty) would be for Contractor to pay City One Thousand Five Hundred Dollars ($1,500.00)

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for each calendar day that expires after the time specified in Section 3 until the Work is

substantially complete. Therefore, Contractor shall pay as liquidated damages One Thousand

Five Hundred Dollars ($1,500.00) for each calendar day that expires after the time specified in

Section 3 until the Work is substantially complete.

5. CONTRACT PRICE: City shall pay to Contractor for performance of the Work

embraced in this Agreement, and Contractor shall accept as full compensation therefore, the Bid

Price of and Five Million, Nine Hundred Twenty-five Thousand, Seven Hundred Fifteen and

00/100 Dollars ($5,925,715.00) subject to adjustment only as provided by approved change

order, for all Work covered by and included in the Contract award; payment thereof to be made

in current funds in the manner provided in paragraph 2 below.

6. PAYMENT PROCEDURES:

A. Contractor shall submit Applications for Payment in accordance with the General

Conditions as shown in RFB No. AP-04-11 and City shall process the Applications for Payment

in accordance with the General Conditions, except that progress payments and the final payment

under this Agreement shall be made as set as follows:

1) Progress Payments. City shall make progress payments of the Contract Price on the

basis of Contractor’s applications for payment on or about the thirtieth (30th) day after

submittal of the application for payment each month in accordance in Chapter 2251,

Texas Government Code, and as provided below. All progress payments shall be

based upon the progress of the Work, measured as provided for in the General

Conditions.

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a) The Contractor shall subdivide the Work into component parts in sufficient detail

to serve as the basis for progress payments during construction. Partial payment

retainage shall not exceed five percent (5%) of the total bid price. Upon approval

of the value by the City, it shall be incorporated into the form of a Partial Payment

Estimate furnished by the Contractor.

b) If payment is requested by the Contractor on the basis of materials on hand, not in

place, but delivered and suitable stored at the site or at another location agreed to

in writing, the Partial Payment Estimate shall also be accompanied by such

supporting data, satisfactory to City, as well establish its interest therein,

including applicable insurance. Payment for material on hand but not installed

will not constitute acceptance of material an inspected and approved for

installation.

c) Upon substantial completion as described in the General Conditions, City shall

pay an amount sufficient to increase total payments to Contractor to 95% of the

Contract Price, less such amounts, if any, City determines should be deducted in

accordance with the General Conditions.

2) Final Payment. Upon completion and acceptance of the Work by City in accordance

with the General Conditions, City shall pay the remainder of the Contract Price

7. CONTRACT DOCUMENTS: The following documents from the City of San Angelo are

incorporated herein by reference for all purposes, as if fully set out verbatim:

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Request for Bid No. AP-04-11 for the San Angelo Regional Airport Terminal

Renovations/FAA Project Number FAA AIP No. 3-48-0191-031-2010 (“RFB No. AP-

04-11”)

All of the documents, conditions, specifications, technical data, drawings, requirements

and addenda comprising said Bid Invitation number as of the time this Agreement is

entered by Contractor and City.

8. ADDITIONAL CONTRACTOR’S REPRESENTATIONS:

A. In order to induce City to enter into this Agreement, Contractor makes the

following representations to City:

1) Contractor has familiarized itself with the nature and extent of the Contract

Documents, Work, and with all local conditions and federal, state and local laws.

2) Contractor has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of the Work at the Contract

Price, within the Contract Time and in accordance with the other terms and conditions

of the Contract Documents; and no additional examinations, investigations or similar

data are, or will be required by Contractor for such purposes.

3) Contractor has given City advanced written notice of all conflicts, errors, or

discrepancies that it has discovered in the Contract Documents prior to bidding and

the written resolution thereof by City is acceptable to Contractor.

4) Contractor is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

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9. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any

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

Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the

terms of this Agreement is and shall at all times remain the property of City. Contractor agrees

not to use any such information, document, report or material for any other purpose whatsoever

without the written consent of City, which may be withheld or conditioned by City in its sole

discretion.

10. AUDIT AND INSPECTION RIGHTS:

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

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

audited, those books and records of Contractor which are related to Contractor’s performance

under this Agreement. Contractor agrees to maintain all such books and records at its principal

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

Agreement.

B. City may, at reasonable times during the term hereof, inspect Contractor’s

facilities and perform such tests, as City deems reasonably necessary, to determine whether the

goods or services required to be provided by Contractor under this Agreement conform to the

terms hereof and/or the terms of the Solicitation Documents, if applicable. Contractor shall

make available to City all reasonable facilities and assistance to facilitate the performance of

tests or inspections by City representatives. All tests and inspections shall be subject to, and

made in accordance with the methods prescribed by the American Society for Testing and

Materials or such other applicable organization.

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11. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not

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

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

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

of this Agreement.

12. PUBLIC RECORDS: Contractor understands that the public shall have access, at

all reasonable times, to all documents and information pertaining to City agreements, subject to

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

the public to all documents subject to disclosure under applicable law. Contractor’s failure or

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

this Agreement by City.

13. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor

understands that agreements between private entities and local governments are subject to certain

laws and regulations, including laws pertaining to public records, conflict of interest, record

keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes

and ordinances as they may be amended from time to time.

14. INDEMNIFICATION: Contractor shall indemnify, defend and hold harmless City

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

them from and against all loss, costs, penalties, fines, damages, claims, expenses (including

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attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to

or death of any person or damage to or destruction or loss of any property arising out of,

resulting from, or in connection with (i) the performance or non-performance of the services

contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in

whole or in part, by any act, omission, default or negligence (whether active or passive) of

Contractor or its employees, agents or subcontractors (collectively referred to as “Contractor”),

regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent

or contributing) by any act, omission, default or negligence (whether active or passive) of the

Indemnitees, or any of them or (ii) the failure of the Contractor to comply with any of the

paragraphs herein or the failure of the Contractor to conform to statutes, ordinances, or other

regulations or requirements of any governmental authority, federal or state, in connection with

the performance of this Agreement. Contractor expressly agrees to indemnify and hold harmless

the Indemnitees, or any of them, from and against all liabilities which may be asserted by an

employee or former employee of Contractor, or any of its subcontractors, as provided above, for

which the Contractor’s liability to such employee or former employee would otherwise be

limited to payments under state Workers’ Compensation or similar laws.

15. DEFAULT: If Contractor fails to comply with any term or condition of this

Agreement, or fails to perform any of its obligations hereunder, then Contractor shall be in

default. Upon the occurrence of a default hereunder City, in addition to all remedies available to

it by law, may immediately, upon written notice to Contractor, terminate this Agreement

whereupon all payments, advances, or other compensation paid by City to Contractor while

Contractor was in default shall be immediately returned to City. Contractor understands and

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agrees that termination of this Agreement under this section shall not release Contractor from

any obligation accruing prior to the effective date of termination. Should Contractor be unable

or unwilling to commence to perform the Services within the time provided or contemplated

herein, then, in addition to the foregoing, Contractor shall be liable to City for all expenses

incurred by City in preparation and negotiation of this Agreement, as well as all costs and

expenses incurred by City in the re-procurement of the Services, including consequential and

incidental damages.

16. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees

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

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

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

amount of compensation hereunder exceeds $25,000.00 the City Manager’s decision shall be

approved or disapproved by City Council. Contractor shall not be entitled to seek judicial relief

unless: (i) it has first received the City Manager’s written decision, approved by City Council if

the amount of compensation hereunder exceeds $25,000.00 or (ii) a period of sixty (60) days has

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

by all supporting documentation (90 days if the City Manager’s decision is subject to City

Council approval); or (iii) City has waived compliance with the procedure set forth in this

section by written instruments, signed by the City Manager.

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17. CITY’S TERMINATION RIGHTS:

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

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

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

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

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

any consequential or incidental damages.

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

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

be obligated to pay any amounts to Contractor and Contractor shall reimburse to City all

amounts received while Contractor was in default under this Agreement.

18. INSURANCE: Contractor shall, at all times during the term hereof, maintain such

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

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

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

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

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

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

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

such insurance with City.

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

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

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

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

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

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

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

change in policy coverage would otherwise take effect.

19. SPECIAL INSURANCE AND INDEMNIFICATION:

A. INDEMNIFICATION:

GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, DEFEND,

AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS,

OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE

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

PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES,

LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR

PERSONS, INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY, BY

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

RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR

REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION,

OMISSION, NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR

EMPLOYEES, OR THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER

ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS

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AGREEMENT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF

ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR

HEREUNDER. NOTHING HEREIN SHALL REQUIRE EITHER PARTY TO THIS

INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS

ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE

CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY INDEMNIFIED

PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL

MISCONDUCT.

PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN THIS

AGREEMENT SHALL SURVIVE THE EXPIRATION OF THIS AGREEMENT AND THE

DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH

OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE

TERM OF THIS AGREEMENT BUT THEREAFTER SO LONG AS ANY LIABILITY

(INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE

COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF

CONTRACTOR IN PERFORMING UNDER THIS AGREEMENT.

RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN THIS

CONTRACT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS CONTRACT BUT RETROACTIVELY TO

CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM

OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.

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B. INSURANCE:

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

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

Contract.

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

of policies satisfactory to City and with insurers licensed to do business in Texas.

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

contractor, with City, its council members, board and commission members, officials,

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

except on Workers’ Compensation coverage.

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

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

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

consultants and employees.

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

Contractor shall furnish City’s Risk Manager with certificates of insurance as

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

the required coverage and limits of insurance. All certificates of insurance shall

clearly state that all applicable requirements have been satisfied. The certificates

shall provide that any company issuing an insurance policy shall provide to City not

less than thirty (30) days advance notice in writing of cancellation, non-renewal, or

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material change in the policy of insurance. In addition, Contractor and insurance

company shall immediately provide written notice to City’s Risk Manager upon

receipt of notice of cancellation of any insurance policy, or of a decision to terminate

or alter any insurance policy. Copies of required endorsements will be attached to the

certificates to confirm the required endorsements are in effect. Certificates of

insurance and notices of cancellations, terminations, or alterations shall be furnished

to City’s Risk Manager at City Hall, 106 S. Chadbourne or P.O. Box 1751, San

Angelo, Texas 76903.

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

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

part of the indemnification provisions of this Contract. Contractor’s obligations are,

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

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

premises. Failure of Contractor to maintain adequate coverage shall not relieve

Contractor of any contractual responsibility or obligation.

f) Sub-contractors’ Insurance. Contractor shall cause each Sub-contractor and Sub-Sub-

Contractor of Contractor to purchase and maintain insurance of the types and in the

amounts specified below. Contractor shall require Subcontractors and Sub-

subcontractors to furnish copies of certificates of insurance to Contractor’s Risk

Manager evidencing coverage for each Sub-contractor and Sub-sub-contractor.

2) TYPES AND AMOUNTS OF INSURANCE REQUIRED. Contractor shall

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

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

set forth below:

1) Commercial General Liability. This policy shall be occurrence-type policy and shall

protect the Contractor and additional insureds against all claims arising from bodily

injury, sickness, disease or death of any person (other than the Contractor’s

employees) and damage to property of the City or others arising out of the act or

omission of the Contractor or its agents and employees. This policy shall also include

protection against claims for the contractual liability assumed by Contractor under the

paragraph of this Contract entitled “Indemnification,” including completed

operations, products liability, contractual coverage, broad form property coverage,

explosion, collapse, underground, premises/operations, and independent contractors

(to remain in force for two years after final payment). Coverage limits shall not be

less than:

$ 2,000,000.00 General Aggregate

$ 1,000,000.00 Products- Completed Operations

$ 1,000,000.00 Personal & Advertising Injury

$ 1,000,000.00 Each Occurrence

$ 100,000.00 Fire Damage (any one fire)

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2) Business Automobile Liability. This policy shall protect Contractor and the

additional insureds against all claims for injuries to members of the public and

damage to property of others arising from the use of motor vehicles and shall cover

operation on and off the premises of all motor vehicles licensed for highway use,

whether they are owned, non-owned or hired. Coverage limits shall not be less than:

$ 1,000,000.00 Each Accident Limit

3) Workers Compensation and Employer’s Liability. If Contractor hires any employees,

Contractor shall maintain Workers Compensation and Employer’s Liability

insurance, which shall protect the Contractor against all claims under applicable state

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

protected against claims for injury, disease or death of employees which for any

reason, may not fall within the provisions of a workers compensation law. Coverage

shall not be less than:

Statutory Amount Workers Compensation

$ 1,000,000.00 Employer’s Liability, Each Accident

$ 1,000,000.00 Employer’s Liability, Disease - Each Employee

$ 1,000,000.00 Employer’s Liability, Disease - Policy Limit

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

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

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administering the workers compensation program in Texas and furnishes evidence of

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

If Contractor uses contract labor, Contractor shall require its subcontractor to

maintain the above referenced coverage and furnish copies of certificates of insurance

as required herein.

4) Builders Risk. This Policy shall be an all risk type of insurance covering work

performed under this instrument and materials, equipment or other items to be

incorporated into the building, while the same are located at the construction site,

stored off site or stored at the pale of manufacture. The policy shall cover, at a

minimum, losses due to fire, flood, explosion, hail, lightening, vandalism, malicious

mischief, wind, collapse, riot, aircraft and smoke until the date of final acceptance of

work. Coverage shall not be less than:

$ 5,925,715.00 Completed Value

20. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor

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

in connection with Contractor’s performance under this Agreement on account of race, color,

sex, religion, age, handicap, marital status or national origin. Contractor further covenants that

no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,

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

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

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

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

sole discretion.

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

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

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

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

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

or the date of actual receipt, whichever is earlier.

TO CITY: TO CONTRACTOR:

City of San Angelo Templeton Construction Co., Inc

Attn: Terry Parker Attn: Gary McClure, President

P.O. Box 1751 521 W. Beauregard Ave.

San Angelo, Texas 76902 San Angelo, Texas 76903

Phone: (325)657-4439 Phone: (325)653-6904

23. MISCELLANEOUS PROVISIONS:

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

of Texas.

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

this Agreement.

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

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

effective unless made in writing.

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

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

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

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

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

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

force and effect or limitation of its use.

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

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

properly authorized representatives of the parties hereto.

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

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

25. INDEPENDENT CONTRACTOR: Contractor has been procured and is being

engaged to provide services to City as an independent contractor, and not as an agent or

employee of City. Accordingly, Contractor shall not attain, nor be entitled to, any rights or

benefits under the Civil Service or Pension Ordinances of City, nor any rights generally afforded

classified or unclassified employees. Contractor further understands that Texas Workers’

Compensation benefits available to employees of City are not available to Contractor, and agrees

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to provide workers’ compensation insurance for any employee or agent of Contractor rendering

services to City under this Agreement.

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

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

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

regulations, upon thirty (30) days notice.

27. REAFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of the

representations contained in the Solicitation Documents.

28. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject to

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

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

whether federal, state or local, verbal or written, placed upon the City. All of the foregoing are

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

herein.

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

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

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

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

effect.

22

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

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

one and the same agreement.

[Signature Page to Follow]

23

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

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

“City”

CITY OF SAN ANGELO, a municipalATTEST: corporation

_______________________________ By:______________________________

Alicia Ramirez, City Clerk Harold Dominguez, City Manager

“Contractor”

ATTEST: Templeton Construction, a domestic for-profit corporation

______________________________ By:_______________________________ Print Name: Print Name: Gary McClureTitle: Corporate Secretary Title: President

24

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

______________________________ __________________________________

Luis Elguezabal, Airport Director Lysia H. Bowling. City Attorney

APPROVED AS TO CONTENT: APPROVED AS TO INSURANCE

REQUIREMENTS:

Terry Parker, John Seaton, Risk Manager

Airport Operations Coordinator

City of San AngeloParks & Recreation

Memorandum Date: December 2, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for December 6, 2011, Council Meeting

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

Caption: Regular Agenda Item

Consideration of authorizing the development of a “Harmony Place” at Firefighters 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 and any action related thereto.

Summary: Children for a Peaceful World have submitted a proposal to install a series of high quality outdoor musical instruments near the playground at Firefighters Memorial City Park exclusively through fundraising.

The Recreation Advisory Board considered this proposal at their October 12meeting and unanimously recommended approval.

Staff supports this recommendation.

There is no previous history on this item. The park was renovated in 2009.

Financial Impact:

The financial impact is nominal in that the fundraising would pay for all instruments and installation. A small amount of the funds raised would be set aside for long-term maintenance.

Attachments: Proposal from Children for a Peaceful World and map of Firefighters Memorial City Park showing the proposed location for Harmony Place.

Presentation: Some PowerPoint slides will be available to facilitate the discussion.

Publication: N/A

Reviewed by: Rick Weise, Assistant City Manager, November 21, 2011

Approved by Legal:

N/A

Map

Proposal

City of San Angelo

Memo Date: 17 November 2011


From: Robert Salas, Director, Neighborhood & Family Services


Contact: Robert Salas 657-4274

Caption: Regular

Consideration of approval and public hearing of the 2010 Consolidated Annual Performance and Evaluation Report (CAPER)

---------------------------------------------------------------------------------------------------------------------------------

Summary: The 2010 CAPER is a document required of all entitlement cities receiving annual Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds from the U.S. Department of Housing and Urban Development (HUD).

History: The CAPER is the City’s performance evaluation for the 2010 Program Year covering 1 Oct 2010 thru 30 Sep 2011. The CAPER includes a summary of expended resources, objectives and goals as they relate to affordable housing, outcome measures, geographic distribution, and barriers to affordable housing.

This report is the product of public outreach consistent with the City of San Angelo’s 2010-2014 Five-Year Consolidated Plan. Public notices were posted in a newspaper article in the Standard Times and draft copies of the CAPER were posted at various locations throughout the city. Approval the 2010 CAPER will authorize the City to forward the final CAPER to the HUD Regional Office in Ft Worth.

Financial Impact: None

Related Vision Item: Neighborhood Revitalization.

Other Information/Recommendations: Approve content and allow staff to forward report to HUD.

Attachments: 2010 Draft CAPER

Presentation: Powerpoint slides.

Publication: Standard Times advertisement.

Approval By Service Area Director: N/A.

CITY OF SAN ANGELO2010 Program Year

Consolidated Annual Performance&

Evaluation Report (CAPER)

COMMUNITY & HOUSING SUPPORT DIVISION

2

Plan Preparation by:

Special Thanks to:

City Council

2

TABLE OF CONTENTS

PAGE

First Program Year CAPER

GENERAL

EXECUTIVE SUMMARY

Success Stories

3

Funds Received

2010 Program Funds AvailableCDBG HOME TOTAL

Total Funds Available $1,019,016 $487,084 $1,506,100

Funds Expended

Funds Expended in 2010 CDBG HOME TOTAL

Administration CapCDBG HOME

Total $1,019,016 $487,084

Administration Expended $194,711 $47,958

4

Public Service Cap CDBG

% PS Expended 0%

CHDO Set-aside

Actual Amount Set-Aside $120,000

GENERAL QUESTIONS

5

1. GOALS AND OBJECTIVES

Under-performing Projects

2. CHANGES TO THE PROGRAM

3. AFFIRMATIVELY FURTHERING FAIR HOUSING

Projects Service Provider Annual Goal CompletedFunds

Expended

6

4. OBSTACLES TO MEETING UNDERSERVED NEEDS

7

5. LEVERAGING RESOURCES

Public and Private Resources

Home Match Requirements

MANAGING THE PROCESS

CITIZEN PARTICIPATION

8

1. CITIZEN COMMENTS

2. GEOGRAPHICAL DISTRIBUTION

9

Code Enforcement Low/Mod CTBGs2000 Census CTBG

10

Target Area projects

Community-wide projects

11

Legend HAP HOME GCDC

12

HOME Revitalization& CHDO

13

Rehabilitation

14

Emergency Repairs

15

NeighborhoodBlitz

INSTITUTIONAL STRUCTURE

MONITORING

1. MONITORING METHODS

16

2. MONITORING RESULTS

3. SELF EVALUATION

Creating a Suitable Living Environment

Expanded Economic Opportunities

Providing Decent Housing

17

Projects Falling Behind

Barriers

Potential Adjustments and Improvements

LEAD-BASED PAINT

1. ACTIONS TAKEN TO REDUCE LEAD-BASED PAINT HAZARDS

18

HOUSING

HOUSING NEEDS

1. FOSTERING AND MAINTAINING AFFORDABLE HOUSING

$1,031,045.02

oo

Accomplishment Unit of Measure 2010 Program Year Accomplishments

19

SPECIFIC HOUSING NEEDS

1. MEETING SPECIFIC AFFORDABLE HOUSING OBJECTIVES

IIncomee Distribution of Affordable Housing Beneficiaries IIncome Level

FFunding SSource

AActivity Goal

Total HHousing

Units SServed

Extremely Low

(30%)

Very LLow

(50%)

60% of MMedian -((HOME Only)

Low ((80%)

Above 80%

CDBG CD Rehabilitation 18 11 4 1 6

CDBG CD Emergency Repairs

40 46 16 28 2

CDBG Neighborhood Blitz 40 33 21 9 3

HOME New Construction - Revit && GCDC

2 1 1

HOME Reconstruction 1 1 1

HOME Homebuyers Assistance

12 17 3 4 10

--- Elderly/Disabled

Duplexes 12 10 4 4 2

HOME Rental Assistance

(TBRA) MHMR & ICD 24 31 30 1

20

2. SECTION 215 AFFORDABLE HOUSING

3. WORST-CASE AND DISABLED HOUSING

PUBLIC HOUSING STRATEGY

BARRIERS TO AFFORDABLE HOUSING

21

Tax Abatements:

Inventory Tax Exemptions :

Tom Green County/San Angelo Enterprise Zone:

Industrial District Designation:

Other Assistance:

HOME/ ADDI

22

HOME GOALS AND OBJECTIVES

Projects Service Provider Annual Goal Completed Funds

Expended

RESULTS OF ON-SITE INSPECTIONS OF RENTAL HOUSING

AFFIRMATIVE MARKETING and OUTREACH EFFORTS

23

oo

o

o

o

o

o

o

o

24

o

o

o

o

HOMELESS

HOMELESS NEEDS

SPECIFIC HOMELESS PREVENTION ELEMENTS

25

COMMUNITY DEVELOPMENT

COMMUNITY DEVELOPMENT

26

27

1. ASSESSMENT OF GOALS AND OBJECTIVES

2010 Distribution of CDBG Funds by Priority Need

Priority Need Proposed Budget % of Total Funds Expended

.

Prior Year CDBG Funded Projects

Projects Original Project Year Accomplishments Funds Expended

28

2. CHANGES IN PROGRAM OBJECTIVES

3. ASSESSMENT OF EFFORTS IN CARRYING OUT PLANNED ACTIONS

Pursuing Resources Indicated in Consolidated Plan

Certifications of Consistency

29

Consolidated Plan Implementation

4. FUNDS NOT USED FOR NATIONAL OBJECTIVES

5. ANTI-DISPLACEMENT AND RELOCATION

6. LOW/MOD JOB ACTIVITIES

7. LOW/MOD LIMITED CLIENTELE ACTIVITIES

8. PROGRAM INCOME RECEIVED

9. PRIOR PERIOD ADJUSTMENTS

10. LOANS AND OTHER RECEIVABLES

11. LUMP SUM AGREEMENTS

12. HOUSING REHABILITATION

30

Program Accomplishments

2010 CDBG Housing Rehab ActivitiesIIncome Level

ActivityTotal

Housing Units

Served

Extremely Low

Very Low Low Income

TotalFemale Head of

HouseholdNon-White

Households Hispanic

Total CDBG Funds Spent

Public and Private Funds

13. NEIGHBORHOOD REVITALIZATION STRATEGIES

31

14. Section 108 Loan Activities

Section 108 Financials

Grant #: B-07-MC-48-0025

ANITPOVERTY STRATEGY

32

NON-HOMELESS SPECIAL NEEDS

33

Priority Housing Needs/Investment Plan Table

Priority Need 5-Yr.Goal

Yr. 1GoalPlan/Act

Yr. 2GoalPlan/Act

Yr. 3GoalPlan/Act

Yr. 4GoalPlan/Act

Yr. 5Goal

Plan/Act

Renters 0 - 30 of MFI 100 25/30

31 - 50% of MFI 25 5/151 - 80% of MFI 10 2/0

Owners150 30/41100 20/4275 15/26

Homeless

Non-Homeless Special Needs

215 Renter

215 Owner

34

Priority Housing Activities/Investment Plan Table


Yr. 1GoalPlan/Act

Yr. 2GoalPlan/Act

Yr. 3GoalPlan/Act

Yr. 4GoalPlan/Act

Yr. 5Goal

Plan/Act

CDBG

HOME

HOPWA

Other

35

Annual Housing Completion Goals

Grantee Name:City of San AngeloProgram Year: 2009

Expected Annual # of UnitsTo Be

Completed

Actual Annual

Number of Units

Completed

Resources used during the period

CDBG HOME ESG HOPWA

BENEFICIARY GOALS (Sec. 215 Only)

Total Sec. 215 Beneficiaries*

RENTAL GOALS (Sec. 215 Only)

Total Sec. 215 Affordable Rental

HOME OWNER GOALS (Sec. 215 Only)

36

Total Sec. 215 Affordable Owner

COMBINED RENTAL AND OWNER GOALS (Sec. 215 Only)

Combined Total Sec. 215 Goals*

OVERALL HOUSING GOALS(Sec. 215 + Other Affordable Housing)

Total Overall Housing Goal

37

Priority Community Development Activities


Yr. 1Goal

Yr. 2Goal

Yr. 3Goal

Yr. 4Goal

Yr. 5Goal

38

39

Performance Measurement System2010 CAPER

(date)

40

City of San AngeloNeighborhood & Family Services

Performance MeasuresTo secure Community Development Block Grant and HOME Investment Partnerships grant funding from HUD for the City in order to enhance the facilities in the low income areas of the community and the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents.

Budget Summary FY10 Actual FY11 Budget FY12 Budget

RevenueGrant Revenue $2,895,130 $1,536,895Other $359,419 $156,240Deficit/(Surplus) $232,599 $ 0

Total Revenue $3,487,148 $1,693,135

ExpenditurePersonnel $537,119 $357,306Operations and maintenance

$2,888,501 $1,325,197

Capital $61,528 $10,632Total Expenditure $3,487,148 $1,693,135

Personnel Summary* FY10 Actual FY11 Budget FY12 Budget

Full-time 6 6 6 Part-time 0 0 0

Total Personnel 6 6 6

Activity: Home Buyer Assistance ProgramServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearingsPerformance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of home buyers assisted 14 12

Number of applications 68 70Average cost per household assisted $2,156 $7,750

Percent of home buyers assisted who earn less than 60% median family income

8 6

41

Activity: Tenant Based Rental AssistanceServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residentsObjectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of eligible households/persons served 33 30

Average cost per renter assisted (monthly) $325 $325

Activity: Neighborhood RevitalizationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY10 Actual FY11 Budget FY12 BudgetCost per eligible household/persons served 2 1 1

Number of projects completed/Number of eligible householdsserved

2 1 1

Activity: Owner Occupied Services - RehabilitationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of households assisted 15 15

Cost per unit assisted $16,728 $15,000

Activity: Owner Occupied Services – Emergency RehabilitationServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings

42

Performance Measures FY10 Actual FY11 Budget FY12 BudgetNumber of households assisted 54 45

Cost per unit assisted $2,156 $2,600

Activity: Section 108 Debt ServiceServes City Council’s Vision: Neighborhood Vision, Community Appearance VisionGoal: Secure grant funds to enhance the lives of low income residents and provide funds for safe, sanitary and decent housing to qualified low income residents Objectives: Provide a concise and fair application/allocation process open to all agencies eligible for funding; Encourage citizen participation through newspaper advertising, public service announcements, neighborhood meetings and public hearings Performance Measures FY10 Actual FY11 Budget FY12 BudgetCost per project NA $175,000 $175,000

43

Part V: Public Service (PS) Cap Calculation

Part VI: Planning and Program Administration Cap Calculation

44

form HUD-40107 (11/92)page 1 of 2

Annual Performance ReportHOME Program

U.S. Department of Housingand Urban DevelopmentOffice of Community Planningand Development

OMB Approval No. 2506-0171(exp. 8/31/2009)

Public reporting burden for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conductor sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on theowners or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing theirprograms; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HUD to determine whether eachparticipant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutoryand regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or relatedauthorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected willbe maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally availablefor disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required.

This form is intended to collect numeric data to be aggregated nationally as a complement to data collected through the Cash and Management Information(C/MI) System. Participants should enter the reporting period in the first block. The reporting period is October 1 to September 30. Instructions are includedfor each section if further explanation is needed.

Submit this form on or before December 31.Send one copy to the appropriate HUD Field Office and one copy to:HOME Program, Rm 7176, 451 7th Street, S.W., Washington D.C. 20410

This report is for period (mm/dd/yyyy) Date Submitted (mm/dd/yyyy)

Starting Ending

Part I Participant Identification1. Participant Number 2. Participant Name

3. Name of Person completing this report 4. Phone Number (Include Area Code)

5. Address 6. City 7. State 8. Zip Code

Part II Program IncomeEnter the following program income amounts for the reporting period: in block 1, enter the balance on hand at the beginning; in block 2, enter the amountgenerated; in block 3, enter the amount expended; and in block 4, enter the amount for Tenant-Based rental Assistance.1. Balance on hand at Beginning 2. Amount received during 3. Total amount expended 4. Amount expended for Tenant- 5. Balance on hand at end of

of Reporting Period Reporting Period during Reporting Period Based Rental Assistance Reporting Period (1 + 2 - 3) = 5

Part III Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)In the table below, indicate the number and dollar value of contracts for HOME projects completed during the reporting period.

Minority Business Enterprises (MBE)a. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White

American Indian Pacific Islander Non-Hispanic Non-HispanicA. Contracts

1. Number

2. Dollar Amount

B. Sub-Contracts1. Number

2. Dollar Amount

a. Total b. Women Business c. MaleEnterprises (WBE)

C. Contracts1. Number

2. Dollar Amount

D. Sub-Contracts1. Number

2. Dollar Amounts

45

10/01/2010 09/30/2011 11/19/2011

M-10-MC-48-0224 City of San Angelo

Robert Salas, Director of Community Development 325-657-4274

PO Box 1751 San Angelo TX 76902

0 $32,508.46 0 0 0

1 0 0 1

$84,000 $84,000

0

0

1 0 1

$84,000 1

0 0 0

0 0 0

form HUD-40107 (11/92)page 2 of 2

Minority Property Ownersa. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White

American Indian Pacific Islander Non-Hispanic Non-Hispanic

1. Number

2. Dollar Amount

Minority Business Enterprises (MBE)Households Displaced a. Total b. Alaskan Native or c. Asian or d. Black e. Hispanic f. White

American Indian Pacific Islander Non-Hispanic Non-Hispanic

5. Households Displaced - Number

6. Households Displaced - Cost

Part I� Minority O�ners of Rental PropertyIn the table below, indicate the number of HOME assisted rental property owners and the total dollar amount of HOME funds in these rental properties assistedduring the reporting period.

Part � Relocation and Real Property Ac�uisitionIndicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition. The dataprovided should reflect only displacements and acquisitions occurring during the reporting period.

a. Number b. Cost

1. Parcels Acquired

2. Businesses Displaced

3. Nonprofit Organizations Displaced

4. Households Temporarily Relocated, not Displaced

46

0

0

Part I Participant Identification

4. Contact Phone No.

M-10-MC-48-0224 City of San Angelo Bob Salas 325-657-42745. Street Address of the PJ

622 S. Oakes, Suite G San Angelo, TX 76903Part II �iscal �ear Summary

1,990,461.21$98,088.16$

2,088,549.37$56,822.00$

2,031,727.37$Part III Match Contribution for the �ederal �iscal �ear1. Project ID 2. Date of

Contribution Match Amount YTD Match

3130 W. Beauregard #42 10/31/10 194.81$ 194.81$2828 Rio Grande #6 10/31/10 170.96$ 365.77$1901 Pulliam St #17 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 481.63$ 847.40$12 E. 29th St #306 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 376.00$ 1,223.40$3451 Green Meadow #34 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 596.60$ 1,820.00$1901 Pulliam St. #23 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 360.23$ 2,180.23$12 E. 29th St #105 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 347.45$ 2,527.68$3130 W. Beauregard #28 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 314.11$ 2,841.79$1125 Louis Dr #272 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 378.00$ 3,219.79$102 Maryland #4 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 298.60$ 3,518.39$3130 W. Beauregard #60 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 253.81$ 3,772.20$1166 Benedict Dr #143 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 338.00$ 4,110.20$1008 Concho Circle #300 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 336.60$ 4,446.80$3130 W. Beauregard #45 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 357.21$ 4,804.01$3130 W. Beauregard #56 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 633.20$ 5,437.21$2909 San Antonio #8 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 653.20$ 6,090.41$12 E. 29th St. #140 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 356.58$ 6,446.99$

3130 W. Beauregard #52 10/31/10 Cash-State share of medicaid and General Revenue for uninsured 353.75$ 6,800.74$3130 W. Beauregard #42 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 175.79$ 6,976.53$2828 Rio Grande #6 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 304.60$ 7,281.13$1901 Pulliam St #17 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 483.48$ 7,764.61$12 E. 29th St #306 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 340.11$ 8,104.72$3451 Green Meadow #34 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 431.16$ 8,535.88$1901 Pulliam St. #23 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 350.97$ 8,886.85$12 E. 29th St #105 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 314.63$ 9,201.48$3130 W. Beauregard #28 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 306.00$ 9,507.48$1125 Louis Dr #272 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 350.21$ 9,857.69$102 Maryland #4 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 318.45$ 10,176.14$3130 W. Beauregard #60 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 207.00$ 10,383.14$1166 Benedict Dr #143 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 364.86$ 10,748.00$1008 Concho Circle #300 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 12.97$ 10,760.97$3130 W. Beauregard #45 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 438.26$ 11,199.23$3130 W. Beauregard #56 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 405.90$ 11,605.13$2909 San Antonio #8 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 526.38$ 12,131.51$12 E. 29th St. #140 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 301.00$ 12,432.51$

3130 W. Beauregard #52 11/31/10 Cash-State share of medicaid and General Revenue for uninsured 355.60$ 12,788.11$3130 W. Beauregard #42 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 175.79$ 12,963.90$2828 Rio Grande #6 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 304.60$ 13,268.50$1901 Pulliam St #17 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 483.48$ 13,751.98$12 E. 29th St #306 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 340.11$ 14,092.09$3451 Green Meadow #34 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 431.16$ 14,523.25$1901 Pulliam St. #23 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 350.97$ 14,874.22$12 E. 29th St #105 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 314.63$ 15,188.85$3130 W. Beauregard #28 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 306.00$ 15,494.85$

Cash-State share of medicaid and General Revenue for uninsured

2. Match contributed during current Federal Fiscal Year3. Total match available for current Federal fiscal year (line 1 + line 2)4. Match liability for current Federal fiscal year5. Excess match carried over to next Federal fiscal year (Line 3 minus line 4)

3. Type of Contribution� (if cash, include source)


Match Contributions for �ederal �iscal �ear 2010

1. Participant No. (assigned by HUD) 2. Name of Participating Jurisdiction 3. Contact Name

City, State, Zip Code

1. Excess match from prior Federal fiscal year

47

Part III Match Contribution for the �ederal �iscal �ear1. Project ID 2. Date of

Contribution Match Amount YTD Match3. Type of Contribution� (if cash, include source)

1125 Louis Dr #272 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 350.21$ 15,845.06$102 Maryland #4 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 318.45$ 16,163.51$3130 W. Beauregard #60 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 207.00$ 16,370.51$1166 Benedict Dr #143 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 364.86$ 16,735.37$1008 Concho Circle #300 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 12.97$ 16,748.34$3130 W. Beauregard #45 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 438.26$ 17,186.60$3130 W. Beauregard #56 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 405.90$ 17,592.50$2909 San Antonio #8 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 526.38$ 18,118.88$12 E. 29th St. #140 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 301.00$ 18,419.88$

3130 W. Beauregard #52 12/31/10 Cash-State share of medicaid and General Revenue for uninsured 355.60$ 18,775.48$3130 W. Beauregard #12 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 341.26$ 19,116.74$3130 W. Beauregard #42 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 175.79$ 19,292.53$2828 Rio Grande #6 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 315.72$ 19,608.25$1901 Pulliam St #17 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 488.12$ 20,096.37$12 E. 29th St #306 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 362.11$ 20,458.48$1901 Pulliam #19 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 253.21$ 20,711.69$1901 Pulliam St. #23 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 353.75$ 21,065.44$12 E. 29th St #105 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 42.08$ 21,107.52$102 Maryland #4 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 287.48$ 21,395.00$3130 W. Beauregard #60 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 158.00$ 21,553.00$1127 Louis Dr. #272 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 338.00$ 21,891.00$1008 Rio Concho Dr. #29 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 110.96$ 22,001.96$12 E. 29th St #104 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 401.66$ 22,403.62$3130 W. Beauregard #52 01/31/11 Cash-State share of medicaid and General Revenue for uninsured 9.26$ 22,412.88$3130 W. Beauregard #12 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 372.60$ 22,785.48$3130 W. Beauregard #42 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 145.58$ 22,931.06$2828 Rio Grande #6 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 317.96$ 23,249.02$1901 Pulliam St #17 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 12.97$ 23,261.99$12 E. 29th St #306 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 351.69$ 23,613.68$1901 Pulliam #19 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 281.00$ 23,894.68$1901 Pulliam St. #23 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 344.48$ 24,239.16$12 E. 29th St #105 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 319.26$ 24,558.42$3130 W. Beauregard #74 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 665.00$ 25,223.42$102 Maryland #4 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 298.60$ 25,522.02$3130 W. Beauregard #60 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 130.21$ 25,652.23$1127 Louis Dr. #272 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 357.45$ 26,009.68$1008 Rio Concho Dr. #29 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 130.21$ 26,139.89$3130 W. Beauregard #45 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 490.36$ 26,630.25$3130 W. Beauregard #52 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 344.48$ 26,974.73$106 W. Ave. B 02/28/11 Cash-State share of medicaid and General Revenue for uninsured 332.00$ 27,306.73$3130 W. Beauregard #12 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 347.75$ 27,654.48$2828 Rio Grande #6 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 469.08$ 28,123.56$1901 Pulliam St #17 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 489.97$ 28,613.53$12 E. 29th St #306 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 379.48$ 28,993.01$1901 Pulliam #19 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 290.79$ 29,283.80$1901 Pulliam St. #23 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 606.62$ 29,890.42$12 E. 29th St #105 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 316.48$ 30,206.90$3130 W. Beauregard #74 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 485.00$ 30,691.90$102 Maryland #4 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 12.97$ 30,704.87$3130 W. Beauregard #60 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 130.21$ 30,835.08$1127 Louis Dr. #272 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 4.63$ 30,839.71$1008 Rio Concho Dr. #29 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 397.63$ 31,237.34$3130 W. Beauregard #45 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 401.37$ 31,638.71$12 E. 29th St. #104 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 345.00$ 31,983.71$3130 W. Beauregard #52 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 350.97$ 32,334.68$106 W. Ave. B 03/31/11 Cash-State share of medicaid and General Revenue for uninsured 332.00$ 32,666.68$

48



2701 Volney 04/09/11 Sweat Equity 1,120.00$ 33,786.68$2701 Volney 04/27/11 Cash-Individual Deposit Account for down payment 300.00$ 34,086.68$2701 Volney 04/28/11 Cash-City half cent sales tax mortgage buydown 42,385.07$ 76,471.75$3130 W. Beauregard #12 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 332.00$ 76,803.75$1901 Pulliam St #17 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 492.75$ 77,296.50$12 E. 29th St #306 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 422.32$ 77,718.82$1901 Pulliam #19 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 264.79$ 77,983.61$1901 Pulliam St. #23 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 433.41$ 78,417.02$12 E. 29th St #105 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 327.60$ 78,744.62$3130 W. Beauregard #74 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 516.93$ 79,261.55$2909 San Antonio #6 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 129.00$ 79,390.55$3130 W. Beauregard #60 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 177.02$ 79,567.57$1008 Rio Concho Dr. #29 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 399.48$ 79,967.05$12 E. 29th St #104 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 434.08$ 80,401.13$3130 W. Beauregard #52 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 350.97$ 80,752.10$106 W. Ave. B 4/31/11 Cash-State share of medicaid and General Revenue for uninsured 332.00$ 81,084.10$3130 W. Beauregard #12 05/31/11 343.12$ 81,427.22$1901 Pulliam St #17 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 518.68$ 81,945.90$12 E. 29th St #306 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 420.54$ 82,366.44$1901 Pulliam #19 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 316.23$ 82,682.67$1901 Pulliam St. #23 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 344.48$ 83,027.15$12 E. 29th St #105 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 345.60$ 83,372.75$3130 W. Beauregard #74 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 507.23$ 83,879.98$2909 San Antonio #6 05/31/11 140.58$ 84,020.56$1901 Pulliam #16 05/31/11 Cash-State share of medicaid and General Revenue for uninsured 612.33$ 84,632.89$3130 W. Beauregard #60 05/31/11 130.21$ 84,763.10$1008 Rio Concho Dr. #29 05/31/11 368.96$ 85,132.06$12 E. 29th St #104 05/31/11 507.10$ 85,639.16$3130 W. Beauregard #52 05/31/11 344.48$ 85,983.64$1901 Pulliam St #17 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 477.00$ 86,460.64$2801 San Antonio#D59 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 9.26$ 86,469.90$12 E. 29th St #105 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 310.00$ 86,779.90$3130 W. Beauregard #74 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 489.63$ 87,269.53$2909 San Antonio #6 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 77.41$ 87,346.94$1901 Pulliam #16 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 394.82$ 87,741.76$1008 Rio Concho Dr. #29 06/30/11 347.97$ 88,089.73$3130 W. Beauregard #52 06/30/11 Cash-State share of medicaid and General Revenue for uninsured 358.38$ 88,448.11$4401 Southwest Blvd#2 06/30/11 332.00$ 88,780.11$4401 Southwest Blvd#112 07/31/11 372.48$ 89,152.59$2801 San Antonio#D59 07/31/11 595.65$ 89,748.24$12 E. 29th St #105 07/31/11 337.60$ 90,085.84$3130 W. Beauregard #74 07/31/11 149.00$ 90,234.84$2909 San Antonio #6 07/31/11 156.79$ 90,391.63$1901 Pulliam #16 07/31/11 365.75$ 90,757.38$1008 Rio Concho Dr. #29 07/31/11 347.97$ 91,105.35$4401 Southwest Blvd#2 07/31/11 13.65$ 91,119.00$4401 Southwest Blvd#112 08/31/11 359.00$ 91,478.00$4401 Southwest Blvd#105 08/31/11 350.24$ 91,828.24$1818 S Harrison #18 08/31/11 349.60$ 92,177.84$2801 San Antonio#D59 08/31/11 518.60$ 92,696.44$3130 W. Beauregard #74 08/31/11 285.79$ 92,982.23$2909 San Antonio #6 08/31/11 365.75$ 93,347.98$501 N. Bell #16 08/31/11 729.48$ 94,077.46$1008 Rio Concho Dr. #29 08/31/11 341.48$ 94,418.94$4401 Southwest Blvd#2 08/31/11 343.12$ 94,762.06$4401 Southwest Blvd#112 9/31/11 389.96$ 95,152.02$

Cash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsured

Cash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsured




Cash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsuredCash-State share of medicaid and General Revenue for uninsured




49



4401 Southwest Blvd#105 9/31/11 349.12$ 95,501.14$1818 S Harrison #18 9/31/11 362.60$ 95,863.74$2801 San Antonio#D59 9/31/11 151.30$ 96,015.04$3130 W. Beauregard #74 9/31/11 39.37$ 96,054.41$2909 San Antonio #6 9/31/11 422.30$ 96,476.71$501 N. Bell #16 9/31/11 336.12$ 96,812.83$4401 Southwest Blvd#215 9/31/11 577.30$ 97,390.13$4109 Ben Ficklin #39 9/31/11 11.58$ 97,401.71$1008 Rio Concho Dr. #29 9/31/11 347.97$ 97,749.68$4401 Southwest Blvd#2 9/31/11 338.48$ 98,088.16$Cash-State share of medicaid and General Revenue for uninsured



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City of San Angelo



From: Sandra J. Villarreal, Health Services Manager


Contact: Sandra J. Villarreal or Rick Weise

Caption: Regular Item

Discussion of Animal Services Crematorium / Incinerator and any action thereto.

Summary: The crematorium-incinerator at the Animal Shelter is not functioning at this time. From June 2011 through August 2011, Animal Services has spent $1200 on parts alone to try and repair the incinerator; this does not include the countless man hours put in by Facilities Maintenance staff nor any of the prior 10 years downtime for repairs or maintenance. In early October, staff was told it might take an additional $2,000 to get it operational; however, Therma Tec technical staff was not sure if the remedy they were proposing was going to fix the problem, because the problem cannot be clearly identified. Ron Lewis, Facilities Maintenance Manager has spoken to the makers of the current incinerator. Mr. Lewis was told it would take $30,000-$50,000 to rehabilitate the incinerator or at a minimum of $100,000 for a new unit. According to literature, life span of this model is 10 years. There are two viable options for Council to consider and staff is seeking direction: 1) utilize the Incinerator, or 2) make use of the landfill.

History: The City of San Angelo Animal Shelter was granted a permit by Texas Commission on Environmental Quality in October 1999 for the use of the incinerator. It has been in operation since. Construction on the entire complex began in 1997-98.

Financial Impact� Rehabilitation of Therma Tec Incinerator: $30,000 - $50,000

Purchase of new Therma Tec Incinerator (or similar): approx. $100,000.

Purchase of Transport Truck with Dumping/Electric Lift: $35,000

Related Vision Item(if applicable)�

Financial Vision – ensure highest and best use of public funds.

Other Information/ Recommendation�

Staff seeks City Council direction.

Attachments�

Presentation� Powerpoint

Publication� n/a

Reviewed by Director�

Rick Weise, x-1072

Approved by Legal:

City of San Angelo

Memo Meeting Date: December 6, 2011


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 acombination 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 annexingapproximately 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 wasprompted 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 onproperty 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 minimizeincompatible 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:

�oal 1� Use anne�ation to ensure that ne� housing and business activity is incorporated �ithin the City limits of San Angelo, in a �ay �hich minimi�es up-front municipal e�penditures (for capital improvements in ne�ly anne�ed areas) but ma�imi�es suitability of such development �ithin the urban conte�t 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

�oal 2� Balance short-term costs of ma�ing measured capital improvements in possible anne�ation areas, �ith long-term costs of not anne�ing 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)

E�HIBI� �A� legal description of area encompassed by anne�ation of land located northeast of San Angelo, �om �reen County, �e�as

�E�A� DESCRIP�IO� O� �HE E�COMPASSED AREA B� A��E�A�IO� O� �A�D �OCA�ED �OR�HEAS� O� SA� A��E�O�S E�IS�I�� CI�� IMI�S�

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.

E�HIBI� �B� plan for e�tension of municipal services to appro�imately 1�10 total acres composed of the follo�ing� 12�acres out of �. �enner Survey 1, 77 acres out of Bulloc� Survey 10, �2�acres out of Mrs. �ulia A. Egglestone Survey 2, 2� acres out of �. PointeventSurvey 111�, 65� acres out of Washington County Railroad Co. Surveys 17� and 17�, and �4 acres of high�ay and railroad right-of-�ay in �om �reen County, �e�as, anne�ed to the City of San Angelo on December 20, 2011.

SER�ICES PRO�IDED WI�HI� SI�� (60) DA�S �O��OWI�� HE E��EC�I�E DA�E O� A��E�A�IO��

1. PO�ICE PRO�EC�IO�

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. �IRE PRO�EC�IO� A�D EMER�E�C� MEDICA� SER�ICE

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.

�. SO�ID WAS�E CO��EC�IO�

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. MAI��AI�I�� WA�ER A�D WAS�EWA�ER �ACI�I�IES

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. MAI��AI�I�� ROADS, S�REE�S A�D A��E�WA�S

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. MAI��AI�I�� PAR�S, P�A��ROU�DS A�D SWIMMI�� POO�S

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. MAI��AI�I�� O�HER PUB�IC��-OW�ED �ACI�I�IES OR BUI�DI��S

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.

CO�S�RUC�IO� O� CAPI�A� IMPRO�EME��S �O BE�I� WI�HI� � �EARS �O��OWI�� HE E��EC�I�E DA�E O� A��E�A�IO��

1. PO�ICE PRO�EC�IO�, �IRE PRO�EC�IO�, EMER�E�C� MEDICA� SER�ICES A�D�OR SO�ID WAS�E CO��EC�IO�

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.

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 E�� 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 E�� 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 E�� 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 ofSan 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 E�� 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 ofthis 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.


by:______________________________________ Alvin New, Mayor

ATTEST:

by:_________________________________ Alicia Ramirez, City Clerk


Shawn Lewis, Director of Community & Lysia H. Bowling, City AttorneyEconomic Development

E�HIBIT �A� �� S�� A��, T�� G�� C��, T��

LEGAL DESCRIPTION OF THE ENCOMPASSED AREA BY ANNE�ATION OF LAND LOCATED NORTHEAST OF SAN ANGELO�S E�ISTING 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 northerlynortheast 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.

E�HIBIT �B� P�� 3�� : �2�� . F�� S�� , �� B�� S�� , 32�� M��. �� A. E�� S�� 2, 2� �� . P��S�� 3, ��3 �� W�� C�� R�� C�. S�� , �� 4 �� , �� T�� G�� C��, T��, �� C�� S�� A�� D�� 2�, 2��.

SER�ICES PRO�IDED ON WITHIN SI�TY �� DAYS FOLLOWING THE EFFECTI�E DATE OF ANNE�ATION:

�. 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 SER�ICE

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 wastecollection 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.

�. 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).

�. 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.

�. 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 IMPRO�EMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTI�E DATE OF ANNE�ATION:

�. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SER�ICES 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



From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for �2��2��Council Meeting

Contact: Robert Schneeman or Shawn Lewis 657-4210


Consideration and possible action regarding the approval of a Street Use License Agreement between the City of San Angelo and Phyllis Cox granting the use of a portion of the public right of way located immediately in front of 123 South Chadbourne Street for use as an outdoor seating area including the construction of a 42 inch high wrought fence enclosing the area to be licensed and authorizing the City Manager to sign the associated documents

Summary: The applicant, Ms. Phyllis Cox is requesting the issuance of a Street Use License for the use of a portion of the right of way in South Chadbourne Street. The area to be licensed for her use is located immediately in front of her business at 123 South Chadbourne Street, the business being the House of FiFi DuBois.

History: On November 1, 2011 the applicant requested of staff information regarding permit requirements for a proposed seating area enclosure to be located within the public right of way of South Chadbourne Street. The proposed area is located immediately in front of the applicant’s business at 123 South Chadbourne Street, the business being the House of FiFi Dubois. The area is proposed to be enclosed by a 42 inch high wrought iron fence to be affixed to the concrete sidewalk and will be used for customer seating.


Related Vision Item

(if applicable):


Staff recommends approval

Attachments: Resolution , Map, Rendering, Insurance Requirements, and Agreement

Presentation:

Publication:

Reviewed by Director:

Shawn Lewis

Approved by Legal:

EEXHIBIT C TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT

INSURANCE REQUIREMENTS 1. INDEMNIFICATION.

1.1 GENERAL INDEMNIFICATION. LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF LICENSEE OR CITY, BY REASON OF DEATH OR INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF LICENSEE, ITS AGENTS OR EMPLOYEES, OR THE JOINT NEGLIGENCE OF LICENSEE AND ANY OTHER ENTITY, AS A CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY LICENSEE HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE LICENSEE TO INDEMNIFY, DEFEND OR HOLD HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

1.3 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN

THIS CONTRACT SHALL SURVIVE THE EXPIRATION OF THIS CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF LICENSEE IN PERFORMING UNDER THIS CONTRACT.

2. Insurance. 2.1 General Conditions. The following conditions shall apply to all insurance policies obtained by Licensee for the

purpose of complying with this Contract.

2.1.1 Satisfactory Companies. Coverage shall be maintained with insurers and under forms of policies satisfactory to City and with insurers licensed to do business in Texas.

2.1.2 Named Insureds. All insurance policies required herein shall

be drawn in the name of Licensee, with City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees named as additional insureds, except on Workers’ Compensation coverage.

2.1.3 Waiver of Subrogation. Licensee shall require its insurance

carrier(s), with respect to all insurance policies, to waive all rights of subrogation against City, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees.

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

of this Contract, Licensee shall furnish City’s Risk Manager with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverages and limits of insurance. All certificates of insurance shall clearly state that all applicable requirements have been satisfied. The certificates shall provide that any company issuing an insurance policy shall provide to City not less than thirty (30) days advance notice in writing of cancellation, non-renewal or material change in the policy of insurance. In addition, Licensee and insurance company shall immediately provide written notice to City’s Risk Manager upon receipt of notice of cancellation of any insurance policy, or of a decision to terminate or alter any insurance policy. Copies of required endorsements will be attached to the certificates to confirm the required endorsements are in effect. Certificates of insurance and notices of cancellations, terminations or alterations shall be furnished to City’s Risk Manager at City Hall, P.O. Box 1751, San Angelo, Texas 76902

2.1.5 Licensee’s Liability. The procurement of such policy of

insurance shall not be construed to be a limitation upon

Licensee’s liability or as a full performance on its part of the indemnification provisions of this Contract. Licensee’s obligations are, notwithstanding any policy of insurance, for the full and total amount of any damage, injury or loss caused by or attributable to its activities conducted at or upon the premises. Failure of Licensee to maintain adequate coverage shall not relieve Licensee of any contractual responsibility or obligation.

2.1.6 Sub-Licensees’ Insurance. Licensee shall cause each Sub-

Licensee and Sub-Sub-Licensee of Licensee to purchase and maintain insurance of the types and in the amounts specified below. Licensee shall require Sub-Licensees and Sub-sub-Licensees to furnish copies of certificates of insurance to Licensee’s Risk Manager evidencing coverage for each Sub-Licensee and Sub-Sub-Licensee.

2.2 Types and Amounts of Insurance Required. Licensee shall

obtain and continuously maintain in effect at all times during the term hereof, at Licensee’s sole expense, insurance coverages as follows with limits not less than those set forth below:

2.2.1 Commercial General Liability. This policy shall be an

occurrence-type policy and shall protect the Licensee and additional insureds against all claims arising from bodily injury, sickness, disease or death of any person (other than the Licensee’s employees) and damage to property of the City or others arising out of the act or omission of the Licensee or its agents and employees. This policy shall also include protection against claims for the contractual liability assumed by Licensee under the paragraph of this Contract entitled “Indemnification.” Coverage shall not be less than:

$ 1,000,000.00 General Aggregate

$ 1,000,000.00 Each Occurrence

2.2.7 Liquor Liability. This insurance shall be in comprehensive form and shall protect the Licensee and the additional insureds against all claims arising from bodily injury,

sickness, disease or death of any person (other than Licensee’s employees) or damage to the property of others, which arises out of the sale or distribution of alcoholic beverages. Coverage shall be no less than:

$1,000,000.00 Combined Single Limit, each occurrence

THE STATE OF TEXAS §

TOM GREEN COUNTY §

TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT

THIS TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT, hereinafter referred to as “License”, effective the day of

2011, by and between the CITY OF SAN ANGELO, a home rule municipal corporation situated in Tom Green County, hereinafter referred to as “Licensor” or “City”, having a mailing address of P.O. Box 1751, San Angelo, Texas 76902 Texas, and PHYLLIS COX, hereinafter referred to as “Licensee”, 123 S. Chadbourne, San Angelo, Texas 76903.

WITNESSETH:

That Licensor, for consideration of ten dollars ($10.00) and other good and valuable consideration the receipt of which is hereby acknowledged, does hereby grant to Licensee the non-exclusive,temporary, revocable right, privilege and license to use the following described property located in Tom Green County, Texas, hereinafter referred to as the “Licensed Premises”, and being more particularly described as follows:

That portion of the South Chadbourne Street sidewalk right-of-way described as the westerly nine feet (9’) of the South Chadbourne Street right of way beginning at the extended north line of the south 25 feet of Lot 10, Block 8, Main Part of the City of San Angelo, Tom Green County, Texas, and extending southwesterly a distance of 33.50 feet along the west boundary of said street right-of-way, comprising 301.50 square feet more or less, as depicted on Exhibit A attached”.

for the “Permitted Use” as set forth herein, commencing from the foregoing effective date, and subject to the conditions, restrictions, covenants and exceptions set forth in this License.

1. Permitted Use: The Licensed Premises shall be used for operation by the Licensee of a sidewalk café or lounge, to include the dispensing, sale and consumption of alcoholic beverages in compliance with all applicable state law and City Ordinances.

2. Term: The License shall commence on the effective date hereof and continue for a period of years to , 20 , at which time this License shall automatically terminate if not sooner terminated as herein provided.

3. Non-exclusive License: This license is non-exclusive and is made expressly subject and subordinate to the right of the City to use the licensed area for any public purpose.

4. Reservation of Right of Termination. (a) The City Council of the City of San Angelo reserves the right to terminate and cancel this License by resolution passed by said Governing Body upon a finding that the License is inconsistent with the public use of the Licensed Premises or whenever the purpose or use of the License is or has become a nuisance as determined in the discretion of the City Council, and all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. The parties hereto concur that said resolution shall be final and shall not be subject to review by the Courts.

(b) Notwithstanding the provisions of Paragraph 4(a) above, Licensee and Licensor shall each have the right of cancellation of this License upon giving the other party sixty (60) days written notice of the party’s intention to cancel.

(c) Upon termination or cancellation by City or Licensee, this License shall become null and void and Licensee or anyone claiming any rights under this instrument shall remove, to the extent required by City, any or all improvements, appurtenances and encroachments owned by Licensee from the Licensed Premises at Licensee’s expense, and shall restore the Licensed Premises to its condition at the effective date of this License at the sole cost of the Licensee. In the event that Licensee shall fail to remove its improvements, appurtenances and encroachments as required and to restore the Licensed Premises, City shall have the right to do the necessary work to remove said improvements, appurtenances and encroachments and to restore the Leased Premises to its condition at the effective date of this License, or to cause such work to be done, and to assess reasonable allocated costs or the incurred cost of all such work against Licensee.

5. Fixtures: Licensee may install a hand railing as more particularly described on Exhibit Battached and made a part hereof for all purposes. Licensee shall not install any additional permanent fixtures without first securing the written permission of City.

6. Codes, Ordinances and Regulations: Licensee shall comply with all applicable codes, ordinances and regulations of local, state and federal governments in the exercise of its use of the Licensed Premises. This requirement shall include, but not be limited to,

compliance at all times with the Texas Architectural Barriers Act, Texas Accessibility Standards, Americans with Disabilities Act, as well as local ordinances and regulations relating to occupancy loads and unobstructed passage ways, entrances and exits.

7. Improvements and Maintenance. It is further understood that if and when the City, in the exercise of its discretion, shall determine that the grade of any street or sidewalk should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed Premises, Licensee’s improvements or appurtenances thereon, or the use thereof by Licensee, City may proceed with such improvement or work without liability to Licensee. Further, any modifications or changes to Licensee’s facilities in the licensed area or in construction or reconstruction of any public improvement attributable to Licensee’s use of the licensed area and/or its installations and improvements shall be made at the sole expense of Licensee and to the satisfaction of City.

8. INSURANCE AND INDEMNIFICATION. At such time as this license is granted, it is agreed that Licensee shall hold harmless and indemnify City and procure and keep in full force and effect Insurance coverage of the kind and in the minimum amounts, all as set forth in Exhibit C, attached and made a part hereof for all purposes, which provisions shall survive termination or expiration of the term of this License Agreement.

9. Reservations. This License is subject to any existing utilities or communication facilities, including drainage, presently located within or about the Licensed Premises, owned or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the Licensed Premises for facilities presently located within the boundaries of said Licensed Premises. No improvement or appurtenance shall be constructed or placed upon, over or across the Licensed Premises in such a manner as to interfere with the operation of any utilities or communication facilities. All and any communication company and utility, both public and private, shall have the right to remove and keep removed all or parts of any improvement or appurtenance which may inany way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the Licensed Premises. All communication companies and utilities, both public and private, shall have the full right to remove and keep removed all parts of any improvements or appurtenances which in any way may endanger or interfere with the construction, maintenance and efficiency of its respective system and shall at all times have the full right of ingress and egress to or from and upon the Licensed Premisesfor the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding

to or removing all or part of its respective systems without the necessity at any time of procuring the permission of Licensee.

Successors and Assigns. The terms of this License shall be binding upon the Licensee and Licensee’s successors and assigns.

Non-assignable. This License may not be assigned by Licensee without the prior written approval from the City. The assignee shall deliver a copy of the assignment, along with the assignee’s written acceptance of the provisions of this License, to the Director of Community and Economic Development for the City of San Angelo, or his designee, within ten (10) days of such assignment. Should Licensee fail to obtain prior written approval for assignment of this License or fail to provide the City with the required written acceptance and a copy of the assignment as provided, the Director of Community Development, or

his designee, may terminate this License.

IN WITNESS WHEREOF, the parties hereto have caused this amendment to the original Agreement to be executed in duplicate and intend to be legally bound thereby.

LICENSOR: CITY OF SAN ANGELO

BY: ATTEST: Harold Dominguez, City Manager

Date: , 2011 Alicia Ramirez, City Clerk LICENSEE:

Phyllis Cox

Date: , 2011 STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____ day of ________________, 2011, by Harold Dominguez, City Manager of the CITY OF SAN ANGELO, a Texas home rule municipal corporation, on behalf of said corporation pursuant to resolution of its governing body.

Notary Public, State of Texas

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the day of

, 2011, by Phyllis Cox.

___________________________________ Notary Public, State of Texas

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Dan T. Saluri, Sr. Asst. City Atty. Shawn Lewis, Dir. of Community &

Economic Development

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGINEE TO EXECUTE A TEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSE AGREEMENT WITH PHYLLIS COX FOR SIDEWALK CAFÉ OR LOUNGE 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

WHEREAS, Phyllis Cox, the applicant for license is the owner of certain real property commonly known as 123 and 125 S. Chadbourne Street, San Angelo, Tom Green County, Texas;and,

WHEREAS, applicant would like to utilize a designated portion of the sidewalk right-of-way along the west side of 123 to 125 S. Chadbourne Street for purposes of operating a sidewalk café or lounge, to include the dispensing, sale and consumption of alcoholic beverages in compliance with all applicable state law and City ordinances; and,

WHEREAS, said real property is located within the Central Business District and Downtown Development District; and,

WHEREAS, use of a designated portion of the sidewalk right-of-way along the west side of 123 to 125 S. Chadbourne Street for purposes of operating a sidewalk café or lounge would be consistent with and beneficial to the development of the Central Business District and the development of the 100 block of S. Chadbourne Street; and,

WHEREAS, the City Council has determined that the granting of the application for a temporary nonexclusive sidewalk use license for purposes of a sidewalk café or lounge at 123 to 125 S. Chadbourne Street for a portion of the sidewalk area as described more particularly in Exhibit A, attached hereto, would be in the public interest and benefit:

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

All of the recitals hereinabove stated are found to be true and correct and are incorporated herein and made a part of this resolution.

The City Council of the City of San Angelo, Texas, hereby determines that there is a public necessity for, and the public welfare and convenience will be served by, granting of the application made by Phyllis Cox for a temporary nonexclusive sidewalk use license for purposes of a sidewalk café or lounge, to include the dispensing, sale and consumption of alcoholic beverages in compliance with all applicable state law and City ordinances, at 123 to 125 S. Chadbourne Street, applicable to a portion of the sidewalk area as described more particularly in Exhibit A, attached hereto and made a part hereof for all purposes.

The City Manager or his designee is hereby authorized to negotiate and execute on behalf of the City of San Angelo a Temporary Nonexclusive Sidewalk Use License Agreement with Phyllis Cox for purposes of a sidewalk café or lounge at 123 to 125 S. Chadbourne Street, applicable to a portion of the sidewalk area as described more particularly in Exhibit A, attached hereto, and such other instruments as may be necessary or convenient for carrying out such purposes.

PASSED and APPROVED THIS DAY OF , 2011.


Alvin New, Mayor

Attest:



______________________________ ______________________________Lysia H. Bowling, City Attorney Shawn Lewis, Dir. of Community and Economic Development

EXHIBIT A

Page 1 of 2 pages

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZINGTHE CITY MANAGER OR HIS DESIGINEE TO EXECUTE ATEMPORARY NONEXCLUSIVE SIDEWALK USE LICENSEAGREEMENT WITH PHYLLIS COX FOR SIDEWALK CAFÉ ORLOUNGE USE AT 123 AND 125 S. CHADBOURNE STREET ANDSUCH OTHER INSTRUMENTS AS MAY BE NECESSARY ORCONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND,FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN

The Licensed Premises shall consist of that portion of the sidewalk area at 123 and 125 S/ Chadbourne Street, City of San Angelo, Tom Green County, Texas, more particularly described as follows:

That portion of the South Chadbourne Street sidewalk right-of-way described as the westerly nine feet (9’) of the South Chadbourne Street right of way beginning at the extended north line of the south 25 feet of Lot 10, Block 8, Main Part of the City of San Angelo, Tom Green County, Texas, and extending southwesterly a distance of 33.50 feet along the west boundary of said street right-of-way, comprising 301.50 square feet more or less, as depicted on Exhibit A attached”.

EXHIBIT A

Page 2 of 2 pages

(Diagram)


City of San Angelo



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 Planand 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:


Shawn Lewis

Approved by Legal: 11/30/2011

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©T.I.R.Z.1331 acres

��T.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

�� 26��2011��12:00��00��

��: Lee Pfluger, Mike Campbell, Bob Pfluger, Rebekah Brackin,Craig Kinney, Nelly Perez, Roger Allen, & David Mazur

��: Gerard Gallegos (AU); John Calvert (AU); David Mazur (AE); William Dendle (AE)

��: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

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

�� Consideration and possible action regarding modifying the current TIRZBoundary 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.

�� 16��2011��12:00��00��

��: Lee Pfluger, John Calvert, David Mazur, Bob Pfluger, Rebekah Brackin, Mike Campbell, Roger Allen, Nelly Perez

��: William Dendle (AE), Gerard Gallegos (AU), Craig Kinney (AE), Rod Villegas (AE)

��: 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

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

�� 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.

�� 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.

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

ATTEST: BY: Alvin New, Mayor

By: Alicia Ramirez, City Clerk

Approved as to Content: Approved as to Form:

Shawn Lewis, Director of Community & Lysia H. Bowling, City AttorneyEconomic Development

Page 1

City of San AngeloFinance Department



From: Don Maynard, Finance


Contact: Don Maynard, Budget Manager, 481-2757


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

Summary: In the Adopted budget for FY 2012 there is $1,755,191 budgeted for Capital Projects. As directed in the November 1st council meeting, staff is offering possible funding options to City Council for purchase of equipment for the Emergency Response Task Force andalso discuss safety concerns with regard to the task force. In addition, staff will detail the $1,000,000 for street reconstruction and the $700,000 for drainage remediation.

History: The 2011-2016 CIP began February 18th with the submission of proposed projects. The CIP was introduced to City Council on March 22nd. Staff reviewed projects on April 20th. Public meetings were held on May 16th and 17th. City Council Discussed the 2011-2016 Capital Improvement Plan (CIP) on June 7, 2011 and adopted the Capital Improvement Plan on June 28,2011.

Financial Impact: Projects in the Capital Improvement Plan will compete for the budgeted capital funding in the amount of $1,755,191.

Related Vision Item (if applicable): Infrastructure and Financial Visions

Other Information/Recommendation: N/A.

Attachments: N/APresentation: Powerpoint

Reviewed by Service Area Director:� Michael Dane, Finance

City of San AngeloOffice of the City Clerk



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Agenda

Consideration of adopting a Resolution setting out number of votes to be cast for nominees for Board of Directors of Tom Green County Appraisal District

Summary: The nomination and appointment process is set out in Section 6.03 of the State Property Tax Code. Appraisal district board members serve 2 year terms. The current terms of the five board members expire on December 31, 2009. Nominations have been received from the participating governing bodies. The Council may distribute its 1,376 votes in any manner it desires among the 6 nominees. Each Councilmember is allocated 196.5 votes (1/7 of the total 1,376 votes allocated to the City of San Angelo).

The Council may also choose to cast all its votes for one candidate or may distribute votes equally among any number of the candidates. There is no provision for write-in candidates. The Council must take action by December 15, 2009 by Resolution on the official ballot. The nominees are:

John BegnaudJohn ConnMike Diaz* Louis P. GomezLouis HallBob Reeves

*Mike Diaz in the new nominee.

The five newly elected board members will begin serving their two year term of office on January 1, 2012.


Other Information/Recommendation: Letter dated October 26th and received on November 110 2011 from the Chief Appraiser provides additional information. A historical summary of the City Council nomination process is also included with this cover memo.

Attachment: Resolution and Notice

Minutes Page 103October 5, 1993 Vol. 80

NOMINATION OF CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

The City Manager reviewed the background information. Councilwoman Tucker stated that the current directors have performed well.

Motion, to nominate Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips as candidates for the Board of Directors of Tom Green County Appraisal District for 1993-95, was made by Councilman Izzard and seconded by Councilman Hiebert. Motion carried unanimously.

Page 158 MinutesVol. 84 October 3, 1995

ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

The Council discussed the function of the board. The City Manager explained the process for selection of the board.

Motion, to adopt the resolution nominating Mr. Dick Burnett, Mr. A. H. "Chico" Denis, Mr. John Fuentes, Mr. Walter Pfluger, and Mr. John Phillips for the Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Izzard and seconded by Councilmember Burrows. Motion carried unanimously.

Annex F, Page 168, "Resolution"

Page 84 MinutesVol. 87 November 4, 1997

ADOPTION OF RESOLUTION SETTING NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 1998-2000 TERM

City Clerk Carol Rigby presented the results of each Councilmembers vote. Each Councilmember cast 232.5 votes (1/6 of the 1,395 total votes allocated to the City of San Angelo) among the 6 nominees. Councilmember Shrum cast his votes as follows: Mr. Pfluger - 132.5; Mr. Phillips - 100. Councilmember Burrows cast his votes as follows: Mr. Phillips - 232.5. Councilmember Holguin cast his votes as follows: Mr. Bastardo - 232.5. Councilmember Tucker cast her votes as follows: Mr. Burnett - 232.5. Councilmember Ryon cast her votes as follows: Mr. Bastardo - 46; Mr. Burnett - 46; Mr. Denis - 46; Mr. Pfluger - 46; Mr. Phillips - 48.5. Councilmember Mahon cast his votes as follows: Mr. Fuentes - 77.5; Mr. Pfluger - 77.5; Mr. Phillips - 77.5.

Motion, to adopt a resolution setting the number of votes to be cast for nominees for the Board of Directors of the Tom Green County Appraisal District for the 1998-2000 term as follows: Mr. Richard Bastardo - 278.5; Mr. Dick Burnett - 278.5; Mr. A.H. AChico@, III - 46; Mr. John Fuentes - 77.5; Mr. Walter Pfluger - 256; Mr. John Phillips - 458.5, was made by Councilmember Holguin and seconded by Councilmember Burrows. Motion carried unanimously.

Annex F, Page 83, AResolution@


ADOPTION OF RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

City Clerk Kathy Keane presented background information, noting that the Appraisal Board has five members up for reappointment, and Council will need to nominate for these five positions. Ms. Keane further noted that everyone currently serving on the board is eligible for reappointment and willing to serve except Mr. John Fuentes.

City Manager Tom Adams noted that this is a two step process.

A discussion followed regarding the qualifications needed.

Responding to a question from Councilmember Holguin, Ms. Keane noted that Mr. Dean had indicated that Mr. Walter Pfluger and Mr. Louis Gomez had expressed interest in holding these positions.

Noting that Mr. Pfluger would be an asset, Councilmember Ryon explained that she had spoken with Mr. Pfluger and she would like to consider him for one of the positions.

Councilmembers Shrum and Holguin agreed.

Responding to a question from Councilmember Bastardo, Ms. Keane stated that she had not made contact with the Chief Appraiser, but had spoken with Mr. Rusty Dean, the attorney for the Appraisal District, who prepared the Resolution.

Noting a possible problem with a Councilmember serving on the Tax Appraisal Board, Councilmember Shrum stated that Louis Gomez was interested as well. Councilmember Shrum further suggested that Mr. Gomez and Mr. Pfluger be substituted for present members John Fuentes and Richard Bastardo.

Councilmember Mahon explained that there is a perceived problem with Mr. Bastardo being able to set the tax rate as a member on this board. While this is legally permissible, it is the perception which could be harmful.

Councilmember Ryon agreed that this is a problem and questioned if Council should make a rule that Councilmembers can not serve on other boards.

Councilmember Shrum noted that some boards have requested City Council representation, however, perception of is the matter of concern.

Mr. Adams noted that involvement in certain areas needs to be watched.

Councilmember Bastardo noted that it was this Council who voted him in as a member of the Tax Appraisal Board. Mr. Bastardo stated that all the present board members are good people, but explained that he has not been on the board for long and has the time to serve. Serving on the Tax Appraisal Board does not hamper his agenda to stay open-minded and attend all the meetings.

Mayor Fender explained that when Council voted to have Mr. Bastardo serve, he was not on the Council at the time. Mayor Fender further explained that this is not a personal decision.

Councilmember Holguin nominated Councilmember Bastardo.

Council discussed how the vote would take place. Each Councilmember will get five votes.

An initial vote was taken. The nominees received the following number of votes:

Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 4 votes; Councilmembers Shrum, Burrows, Holguin and Mahon Chico Dennis: 4 votes; Councilmembers Shrum, Burrows, Ryon and Mahon John Phillips: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender Walter Pfluger: 5 votes; Councilmembers Shrum, Burrows, Ryon, Mahon and Mayor Fender Louis Gomez: 4 votes; Councilmembers Shrum, Burrows, Mahon and Mayor Fender

Mr. Walter Pfluger was nominated and the Council voted again on the remaining nominees with each Councilmember receiving four votes. The nominees received the following number of votes:

Richard Bastardo: 4 votes; Councilmembers Burrows, Holguin, Bastardo and Ryon Dick Burnett: 5 votes; Councilmembers Shrum, Burrows, Holguin, Mahon and Mayor Fender Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon and Mayor FenderJohn Phillips: 7 votes; Full Council Louis Gomez: 7 votes; Full Council

At this point the following additional persons were nominated: Dick Burnett, John Phillips, and Louis Gomez. Because the number of votes received for Mr. Bastardo and Mr. Dennis were tied, another vote was taken.

Richard Bastardo: 3 votes; Councilmembers Burrows, Holguin, and Bastardo Chico Dennis: 4 votes; Councilmembers Shrum, Ryon, Mahon, and Mayor Fender

Motion, to adopt a resolution nominating Walter Pfluger, Dick Burnett, John Phillips, Louis Gomez, and Chico Dennis for Board of Directors of the Tom Green County Appraisal District, was made by Councilmember Shrum and seconded by Councilmember Mahon. Aye: Shrum, Mahon, Fender, Burrows, Bastardo, and Ryon. Nay: Holguin. Motion carried 6-1.

Annex B, Page 619, AResolution@


ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Responding to questions of Councilmembers Holguin and Wardlaw, City Manager Tom Adams informed that Directors did not have term limits but that the Council was free to nominate their own slate of nominees. He further agreed that future nominations could include information regarding the length of service for each nominee.

Motion, to adopt a Resolution nominating candidates for the Board of Directors of the Tom Green County Appraisal District, as presented, was made by Councilmember Mahon and seconded by Councilmember Darby. Motion carried unanimously.

Annex C, Page 425, AResolution@

Minutes Page 439 October 7, 2003 Vol. 95

ADOPTION OF A RESOLUTION NOMINATING CANDIDATES FOR THE TOM GREEN COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS

City Manager Tom Adams presented background information.

Responding to the request of Councilmember Holguin to delay the nomination process, Councilmember Bates noted the Resolution nominating candidates was required to be submitted prior to October 15, 2003.

By consensus, the Council requested a letter be drafted for the Mayor’s signature to the Tom Green County Appraisal District requesting the City receive this notice of nomination earlier, perhaps mid August, to ensure sufficient time to more fully consider the nominations to be forwarded to the Chief Appraiser.

Councilmember Holguin advised he had other individuals he would have preferred to bring forward.

Motion, to adopt a Resolution nominating the following individuals for the Tom Green County Appraisal District Board of Directors: Dick Burnett, A.H. “Chico” Denis III, Louis Gomez, Walter Pfluger and John Phillips, as presented, was made by Councilmember Mahon and seconded by Councilmember Rainey. Aye: Mahon, Rainey, Lown, Morrison, Reeves and Bates. Nay: Holguin. Motion carried 6-1.

Annex C, Page 453, “Resolution”

Page 271 MinutesVol. 98 December 13, 2005

APPROVAL OF A RESOLUTION SETTING OUT NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT FOR 2006-2007

NOTE: Nominations were not made in 2005

City Manager Harold Dominguez presented background information.

Councilmember Holguin commented on the nominations and repeated requests to facilitate the process. General discussion was held on the time provided to submit votes and required turnaround of the nomination process. Mayor Lown requested staff work with Tom Green County Appraisal District on future nominations.

Motion, to divide votes equally among nominees, was made by Mayor Lown and seconded by Councilmember Rainey. AYE: Lown, Bates, Farmer, Morrison, and Rainey NAY: Holguin. Motion carried 5-1.

Annex J, Page 295, “Resolution”

Page 5 MinutesVol. 99 September 18, 2007

APPROVAL OF CANDIDATE NOMINATIONS TO SERVE ON THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY (TGC) APPRAISAL DISTRICT FOR THE 2008-2009 TERM

Mayor Lown suggested the Council consider reviewing the criteria and nominating individuals to serve on the TGC Appraisal District board. He commented the existing board consisted of the same members serving numerous terms. Finance Director Michael Dane stated the nomination process was time sensitive and noted the nomination should be finalized no later than October 15, 2007. Mayor Lown recommended Mr. Louis Hall.

Councilmember Perez-Jimenez requested the item be considered at the Visions meeting on September 27 and 28, 2007. Council concurred. Mayor Lown informed the TGC board meets approximately 7 times a year for 1 to 3 hours.

Mayor Lown recommended the nominees complete an application and forward such to City Clerk Alicia Ramirez.


ADOPTION OF A RESOLUTION NOMINATING LOUIS HALL AS A CANDIDATE FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Motion, to adopt a Resolution nominating Louis Hall as a candidate for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Perez-Jimenez. Motion carried unanimously.

Annex F, Page 25, “Resolution”

Minutes Page 5November 6, 2007 Vol. 100

ADOPTION OF A RESOLUTION SETTING OUT THE NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Councilmembers submitted their votes as follows: Councilmember Farmer, 199 for Louis Hall; Councilmember Hogg, 49.75 each for Dick Burnett, Louis Hall, Chico Denis, and Walter Pfluger; Councilmember Perez-Jimenez, 199 for Louis Hall; Mayor Lown, 199 for Louis Hall; Councilmember Cárdenas, 199 for Louis Hall; Councilmember Morrison, 199 for John Phillips; and Councilmember Fields, 199 for Louis Hall.

Motion, to adopt a Resolution setting out 49.75 votes for Dick Burnett, 49.75 votes for A.H. “Chico” Denis, 0 votes for Louis P. Gomez, 1044.75 votes for Louis Hall, 49.75 votes for Walter W. Pfluger, and 199 votes for John D. Phillips to be cast for nominees for Board of Directors of Tom Green County Appraisal District, was made by Mayor Lown and seconded by Councilmember Farmer. Motion carried unanimously.

Annex G, Page 89, “Resolution”

Minutes Page 6October 6, 2009 Vol. 101

ADOPTION OF A RESOLUTION NOMINATING CANDIDATES EMILIO PEREZ-JIMENEZ, TIM EDWARDS, VICKIE BOULDEN, BOB REEVES, AND JOHN BEGNAUD AS CANDIDATES FOR THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2010-2012 TERM

City Clerk Alicia Ramirez presented background information. General discussion and nominations were made by the Councilmembers.

Motion, to close nominations, was made by Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.

In conclusion, the following nominations were made.

Motion, to adopt a resolution nominating candidates Emilio Perez-Jimenez, Tim Edwards, Vickie Boulden, Bob Reeves, and John Begnaud as candidates for the Board of Directors of the Tom Green County Appraisal District for the 2010-2012 Term, was made by Mayor Pro Tempore Hogg and seconded by Councilmember Adams. Motion carried unanimously.

Annex A, Page, “Resolution”

Page 6 MinutesVol. 101 December 1, 2009

ADOPTION OF A RESOLUTION SETTING OUT NUMBER OF VOTES TO BE CAST FOR NOMINEES FOR BOARD OF DIRECTORS OF TOM GREEN COUNTY APPRAISAL DISTRICT

Alicia Ramirez, City Clerk presented background information.

Motion, to adopt a Resolution setting out number of votes to be cast for nominees for Board of Directors of Tom Green County Appraisal District, was made by Mayor Pro Tempore Jon Mark Hogg and seconded by Councilmember Silvas. Motion carried unanimously.

Annex A, Page, “Resolution”

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, 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 THROUGHDECEMBER 31, 2013 TERM OF OFFICE

WHEREAS, Section 6.03, Property Tax Code, State of Texas, allows a municipality that is a taxing unit in an appraisal district a voting entitlement to vote for directors as determined by the chief appraiser for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District; and

WHEREAS, the City of San Angelo is a taxing unit of the Tom Green County Appraisal District; and

WHEREAS, the City Council as governing body of the City of San Angelo desires to exercise its right of casting votes for one nominee or distribute them among nomineesas provided by law for each of the five positions to be filled on the board of directors of the Tom Green County Appraisal District for the two year term of office commencing January 1, 2012, through December 31, 2012;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo, Texas:

Section 1. That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed.

Section 2. That the City Council of the City of San Angelo, Texas, hereby allocates its total entitlement of 1,376 votes for the Tom Green County Appraisal District Board of Directors for two year terms beginning January 1, 2010 and expiring December 31, 2011, as follows:

Nominee Name: Number of Votes Cast

1. John Begnaud _________

2. John Conn _________

3. Mike Diaz _________

4. Louis P. Gomez _________

5. Louis Hall _________

6. Bob Reeves _________

Section 3. That the Mayor for the City of San Angelo, as presiding officer, be, and that he is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Tom Green County AppraisalDistrict on or before December 15, 2011.

Section 4. That this resolution shall take effect immediately from and after its passage, in accordance with the provisions of the State Statutes of the State of Texas.

Section 5. Open Meetings Act. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by the Open Meetings Act, Chapter 551, Texas Government Code.

Motion made by __________________, seconded by __________________. Motion carried unanimously.

PASSED, APPROVED AND ADOPTED ON THE 6th DAY OF NOVEMBER, 2011.


______________________________ 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

Received in the office of the Chief Appraiser, Tom Green County Appraisal District, on the _____ day of December, 2011.

________________________ Bill H. Benson, Chief Appraiser

MEMORANDUM OF UNDERSTANDING IN THE PREPARATION, ADOPTION AND IMPLEMENTATION OF AN AGREEMENT FOR JOINT ELECTION ANDFOR 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

THIS AGREEMENT is made and entered into by and between TOM GREEN COUNTY, the CITY OF SAN ANGELO, the WALL INDEPENDENT SCHOOL DISTRICT, and the VERIBEST INDEPENDENT SCHOOL DISTRICT, effective on the day of November, 2011.

WHEREAS, the parties hereto desire to establish an understanding and commit to diligently pursue the preparation, adoption and implementation of a Joint Election and Election Services Agreement that provides for the conduct of a joint election on the next regular election date for general elections to be held by each of the parties on May 12, 2012; that provides for the shared obligations and expenses necessary to conduct the joint election; that provides for the shared acquisition or lease of additional election equipment, including electronic voting machines, necessary to conduct joint elections for the parties; and, that establishes the intent and expectation of the parties that they will negotiate and implement similar joint election and election services agreements with one another for regular election dates in the month of May for years after 2012; and,

WHEREAS, each of the parties hereto are located wholly or partly within Tom Green County and will next conduct a general election on May 12, 2012, a uniform election day as provided at Section 41.001 of the Texas Election Code; and,

WHEREAS, each of the parties hereto expects to conduct general elections on the uniform election day in May, annually after 2012; and,

WHEREAS, the Texas Legislature implemented the Military and Overseas Voter Act of 2009 (MOVE Act) in 2011, with passage of Senate Bill 100, which overlaid the period between the state’s primary and primary runoff election upon the uniform election day in May; and,

WHEREAS, Tom Green County has concluded that as a result of implementation of the Legislature’s amendments of the Texas Elections Code, in even-numbered years, the years in which the state’s primary and primary runoff elections are held, the county will be unable to contract for election services with the City of San Angelo or with the independent school districts in Tom Green County for holding joint elections, unless additional electronic voting machines are acquired or leased and the parties share in the cost of that equipment and in the cost of services in holding the elections; and,

WHEREAS, the parties hereto are authorized to enter into a joint elections agreement pursuant to Texas Election Code, Section 271.002; and,

WHEREAS, the governing bodies of each of the parties hereto have concluded that the holding of joint elections is beneficial to the public because it is the most cost effective utilization of resources and provides additional polling places for early voting;

NOW THREFORE it is understood and agreed as follows:

(1) The foregoing recitals are true and correct and are adopted as terms and conditions of this memorandum of understanding.

(2) The undersigned individuals are the duly authorized representatives of their governing bodies, and their signatures represent acceptance of the terms and conditions of this Memorandum of Understanding by the governing bodies of each party hereto.

(3) Each of the parties hereto will designate one or more representatives with authority to negotiate the terms of a Joint Election and Election Services Agreement for general election to be held on May 12, 2012, a regular election date. The agreement shall provide all necessary terms and conditions for conduct of the general elections of the parties as required by law, including:

(a) Provision for the utilization of common polling places;

(b) Provision for the appointment of election officers;

(c) Provision for appointment of a general custodian of election records;

(d) Provision for Elections Administrator and Deputy Early Voting Clerk;

(e) Provision for joint ballot;

(f) Provision for joint early voting;

(g) Provision for the sharing of expenses between the parties related to holding ofjoint elections;

(h) Provision for use of Tom Green County election equipment, including electronic voting machines;

(i) Provision for accessible voting equipment in compliance with the Texas Election Code, Section 61,012;

(j) Provision for accumulating or tabulating the votes;

(k) Provision for the testing of voting equipment;

(l) Provision for receiving applications for early voting ballots to be voted by mail;

(m) Provision for other necessary election services;

(n) Provision for the sharing of expenses between the parties related to the acquisition or lease of election equipment, including electronic voting machines.

(4) The parties mutually agree that time is of the essence in the preparation, adoption and implementation of this Memorandum of Understanding, and the planned joint elections and election services agreement. Each party agrees to promptly notify the other parties of any unforeseen circumstance that potentially may affect that party’s participation in an anticipated joint election.

WITNESS the following signatures and seals executed in quadruplicate at Tom Green County, Texas on the dates set forth below:

CITY OF SAN ANGELO:

ATTEST:BY:

Harold Dominguez, City Manager

Alicia Ramirez, City Clerk DATE:

WALL INDEPENDENT SCHOOL DISTRICT:

ATTEST:BY:

, President Board of Trustees

, Secretary DATE:

VERIBEST INDEPENDENT SCHOOLDISTRICT:

ATTEST:BY:

, President Board of Trustees

, Secretary DATE:

City of San Angelo

Memo Date: September 12, 2011


From: Alicia Ramirez, City Clerk

Subject: Agenda Item for September 20, 2011 Council Meeting

Contact: Alicia Ramirez, City Clerk


Consideration of adopting 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

Summary: During the 82nd Legislative Session of the Texas Legislature, Senate Bill 100 was introduced to the Texas Senate (and House Bill 111 to the Texas House of Representatives). The bill was passed by the Senate and House and was signed into law by the Governor on June 17, 2011. The purpose of the bill is to adopt voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act (MOVE Act) which is aimed at making the voting process easier and faster for military and overseas voters. Among other things, the bill states that counties are no longer required to contract with and provide electronic voting equipment to municipalities and school districts for the May uniform election date in even numbered years. This means that if an election were to be called by the City Council in even numbered years, the County would not have to assist the City as in the past. Senate Bill 100 does not affect the May uniform election date in odd numbered years.

History: August 30, 2011 – staff presented options to City Council. Council recommended to keep the even-numbered election date and directed staff to work with the Elections Administrator to combine the polling places within the election precincts.

September 20, 2011 – staff presented the option to combine precincts. Council recommended tabling the item in order to explore other options.

December 6, 2011 – staff will present the option to combine precincts.

Financial Impact: $40,000 to $60,000 depending on how many entities participate in the stated election.

Related Vision Item(if applicable):

N/

Other Information/ Recommendation: Staff recommends Council review and approve the Resolution combining to eight

precincts on Election Day and five early voting locations for the May 12, 2012 and subsequent general election days.

Attachments: Resolution and Map indicating combined precincts

Presentation: Map

Publication: N/A


City Manager Harold Dominguez and City Attorney Lysia H. Bowling

Approved by Legal: City Attorney Lysia H. Bowling

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, 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

WHEREAS, the Texas Election Code Section 43.004 authorizes the City Council to designate the location of the polling places for each of its election precincts; and

WHEREAS, the City Council of the City of San Angelo, Texas (the “City Council”) has investigated and determined that it will be advantageous and beneficial to the City of San Angelo, Texas ("City") and its inhabitants to designate election day polling places within the election precincts within San Angelo for all elections ordered by the City Council; and

WHEREAS, by this Resolution, it is the intention of the City Council to designate an election day polling place within each election precinct; and

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

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

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 ELECTION DAY AND SUBSEQUENT ELECTION DAY POLLING PLACES: The polling places within each election precinct within the City, as set forth in Exhibit "A", attached hereto and incorporated herein 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 asare 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 polling placing, whether or not expressly authorized herein and all actions previously taken are hereby ratified.

SECTION 5: EFFECTIVE DATE. This Resolution shall become effective immediatelyupon its passage.

APPROVED AND ADOPTED on this 6th day of December, 2011.

THE CITY OF SAN ANGELO, TEXAS

___________________________ Alvin New, Mayor

ATTEST:

_______________________ Alicia Ramirez, City Clerk


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

Exhibit “A”

POLLING PLACES FOR MAY 12, 2012 GENERAL ELECTIONAND SUBSEQUENT UNIFORM ELECTION DATE

AND RELATED EARLY VOTING DATES

EARLY VOTING BRANCH LOCATIONS OPEN FROM APRIL 30, 2011 TO MAY 4, 2011 FROM 8:00 A.M. TO 5:00 P.M. & MAY 7, 2011 TO MAY 8, 2011 FROM 7:00 A.M. TO 7:00 P.M.

Main Tom Green County Election Office 113 W. Beauregard, 2nd Floor

EV1 River Place Senior Apartments 501 S. Irene

EV2 Disability Connections 3184 Executive Drive

EV3 Assembly of God Church 1442 Edmund Blvd.

EV4 Plaza del Sol Apartments 4359 Oak Grove Blvd

ELECTION DAY POLLING LOCATIONS OPEN FROM 7:00 A.M. TO 7:00 P.M.:

1. Precincts 103, 106, 114, 124, 126, 131, 137, 138, 144, 145, 146, 147, 155, 156, 157 will vote at either one of the following locations on Election Day:

Precincts Location Address

144 Belmore Baptist Church 1214 S. Bell St.

146 Baptist Memorial Hospital 902 North Main

2. Precincts 209, 215, 220, 225, 230, 241, 249, 228, 230, 240, 241, 243, 253, 254 157 will vote at either one of the following locations on Election Day:


230 Southgate Church of Christ 528 Country Club Rd.

241 Sierra Vista United Methodist Church 4522 College Hills Boulevard

3. Precincts 304, 305, 306, 307, 319, 327, 338, 348, 350, 351, 352 will vote at either one of the following locations on Election Day:


304 Wells Fargo Pavilion 40 E 43rd Street

319 Heights Southern Baptist Church 4512 Sherwood Way

4. Precincts 401, 402, 421, 429, 432, 433, 434, 435, 436, 442, 459 will vote at either one of the following locations on Election Day:


421 Plaza Del Sol Apartments 4359 Oak Grove Blvd.

436 MHMR 1501 W. Beauregard

28th

37th

21st

Ray

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25th

Mik

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Fost

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8th

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LegendDistrict 1

District 2

District 3

District 4

District 5

District 6 ®0 14,0003,500 7,000 10,500

FeetSingle Member Districts 2011

Printing Date: Thursday, June 30, 2011 10:32:21 AMK:\smd\workarea\smd_dp.mxdCoordinate System: North American 1927City of San Angelo GIS DivisionIllustrative purposes only.Copyright 1987-2011 City of San Angelo

TGC Precinct #1: 144 (Belmore Baptist Church/Bell St.) & 146 (Baptist Memorials/Main St.) Indicates Early Voting Branch LocationTGC Precinct #2: 230 (Southgate Church of Christ/Country Club Rd) & 241 (Sierra Vista Methodist Church/College Hills)TGC Precinct #3: 304 (Wells Fargo Pavilion/43rd St.) & 319 (Heights/Sherwood Way)TGC Precinct #4: 421 (Plaza Del Sol Apartments/Oak Grove Blvd) & 436 (MHMR/Beauregard)NOTE: Two polling locations have been designated within each Tom Green County Precinct. Voters will have the ability to vote at either location within the TGC precinct on election day.

TGC Precinct #3

TGC Precinct #1

TGC Precinct #2TGC Precinct #4

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KendallHirschfeld

JohnnySilvas

DwainMorrison

FreddB. Adams II

CharlotteFarmer

PaulAlexander

®0 30.75 1.5 2.25

MilesSingle Member Districts 2011

Printing Date: Wednesday, Nov 23, 2011 2:53:21 PMK:\smd\workarea\smd_bp.mxdCoordinate System: North American 1983City of San Angelo GIS DivisionIllustrative purposes only.Copyright 1987-2011 City of San Angelo

LegendCommissioner Precinct District 1

District 2

District 3

District 4

District 5

District 6

Technology

City Council December 6, 2011 Agenda Packet