November 5, 2013 Agenda packet

City Council Agenda Page 1 of 6 November 5, 2013

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, November 5, 2013

McNease Convention Center, South Meeting Room 500 Rio Concho Drive

San Angelo, TX 76903 THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING. City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.

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

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

A. Call to Order

B. Prayer and Pledge

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

C. Proclamations

“International Education Week” at Angelo State University the week of November 18, 2013 thru November 22, 2013, to be accepted by Dr. Sharynn Tomlin, Professor/Executive Director of the Center for International Studies, Angelo State University Member, Texas Tech University System

“Children’s Grief Awareness Day”, November 21, 2013, to be accepted by Executive Director of Hospice of San Angelo, Inc., David McBride

“Hospice and Palliative Care Month”, month of November, to be accepted by Hospice of San Angelo Building Bridges Director, Melissa Vines

D. Recognition

Presentation of a Resolution to Mayor Dwain Morrison by Mr. Michael Boyd, President, Howard College San Angelo Foundation Board and Ms. Jamie Rainey, Executive Dean, Howard College San Angelo. Resolution expresses the Foundation’s sincerest appreciation to Mayor Morrison for nine years of outstanding service as an ex-officio member on The Howard College San Angelo Foundation Board

E. Public Comment

The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.

On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five


minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so.

I. REGULAR AGENDA: PUBLIC HEARING AND COMMENT

1. Discussion pertaining to City Council compliance with City Charter qualification requirements

(Requested by Councilmember Self)

II. CONSENT AGENDA

2. Consideration of approving the October 15, 2013 City Council Regular meeting minutes

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

a. SB-01-13: Street Materials, Crushed Stone& Asphalt (San Angelo, TX) and Vulcan Materials (San Antonio, TX), not to exceed $250,000.00 (submitted by Street & Bridge/Stormwater Superintendent Gary Ayers)

b. VM-10-13: Two Ambulance Chassis, Buyboard quote, $55,432.00 (submitted by Vehicle Maintenance Superintendent Ryan Kramer)

c. VM-11-13: Two Ambulance Box Remounts, HGAC quote, $55,675.00 (submitted by Vehicle Maintenance Superintendent Ryan Kramer)

4. Consideration of awarding bid CH-01-13 for the Ralph Chase State Office Building-Flooring Replacement to Kiser Flooring Center (San Angelo, TX), in the amount of $79,464.00 and authorizing the City Manager to execute a contract, in substantially the attached from, between the City and Kiser Flooring Center (submitted by Ft. Concho Museum Manager Bob Bluthardt)

5. Consideration of adopting a Resolution authorizing the Mayor to execute a tax-resale (quitclaim) deed for the purpose of urban redevelopment, conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment (submitted by Real Estate Administrator Cindy Preas)

a. 318 E 14th Street, (TR Logan Ent.), Lot 10, Block 1, A-1, Exall Addition, $750, B-05-0250-T

6. Consideration of authorizing the City Manager to execute the Interlocal Agreement, in substantially the attached form, between the City and Business Private Switch for Enhanced 9-1-1 Emergency Service with the Concho Valley Council of Governments for 9-1-1 emergency services in Tom Green County pursuant to Chapter 391 of the Local Government Code (submitted by IT Manager John Eades)

7. Consideration of adopting a Resolution authorizing the City Manager to execute a non-exclusive right-of-way encroachment license agreement, in substantially the attached form, with Texas Financial Bank permitting encroachment of certain improvements into the City’s right-of-way at 121 West Twohig Avenue, for a commercial building wall and planter cut outs in the sidewalk area of said right-of-way, and providing for related terms and conditions; and, finding a public purpose and benefit therein (submitted by Interim Development Services Director AJ Fawver)

8. Second Hearing and consideration of adopting an Ordinance amending Chapter 12 pertaining to Mobile Home Regulations of the Code of Ordinances, City of San Angelo

AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE MANUFACTURED HOME;


PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE (submitted by Interim Senior Planner Jeff Hintz)

III. REGULAR AGENDA:

F. EXECUTIVE/CLOSED SESSION

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

Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding Red Arroyo Addition, Special Recreational Leases, and Lake Nasworthy

Section 551.074(a) (1) to deliberate the appointment and employment of the Emergency Operations Coordinator position

Section 551.074(a) (1) to deliberate the appointment and employment of the Economic Development Director position

G. PUBLIC HEARING AND COMMENT

9. Consideration of and possible action on a Petition for Variance under the Code of Ordinances, Water Conservation and Drought Contingency Plan, Section 11.203 (e), to the allowable watering frequencies and time of day for newly planted landscape submitted by the San Angelo Independent School District

(Requested by SAISD and presentation by Water Utilities Director Ricky Dickson)

10. Consideration of adopting documents as part of the 2009 Comprehensive Plan, to include:

a. Lake Nasworthy sub-district concept; b. Lake Nasworthy master plan and implementation strategy

(Presentation by Interim Development Services Director AJ Fawver and Gateway Planning Principal Scott Polikov)

11. First Public Hearing and consideration of introducing an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z13-28: Greg Huling

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

(Presentation by Interim Development Services Director AJ Fawver)


Z 13-36: SAS Texas Properties LLC

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract, located approximately 800 feet south


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

(Presentation by Interim Senior Planner Jeff Hintz)


Z 13-34: The River San Angelo Church, Inc.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo, changing the zoning classification from Ranch & Estate (R&E) and General Commercial/Heavy Commercial (CG/CH) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


14. First Public Hearing and consideration of introducing an Ordinance authorizing abandonment of the complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of-way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING UNIMPROVED STREET SEGMENT AND UNIMPROVED ALLEY SEGMENT TO WIT: a complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


15. Consideration and possible approval of a recommendation by the City of San Angelo Development Corporation (COSADC) to amend the COSADC FY 2014 budget by reducing account number 410580 Travel and Lodging from $18,000 to $10,000 and increasing Account 415310 City Services by $10,000 to address the cost of Public Information Office staff services provided to COSADC as approved by Council in August of 2012

(Presentation by Interim Economic Development Director Bob Schneeman)

16. Discussion and possible action related to solid waste collections and landfill management

(Presentation by Operations Director Shane Kelton)

17. First Public Hearing and consideration of introducing an Ordinance amending Chapter 10, Traffic Control regarding the operation of golf carts


AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, BY ADDING ARTICLE 10.1700, OPERATION OF A GOLF CART ON PUBLIC STREETS; REGULATING THE OPERATION OF GOLF CARTS ON PUBLIC STREETS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE

(Presentation by Police Chief Tim Vasquez)

18. Consideration of providing City Staff direction relating to changing from traditional bidding (lowest responsible bidder) process to the Request For Competitive Seal Proposal process that provides selection criteria relating to local businesses

(Presentation by Purchasing Manager Roger Banks)

19. Consideration and possible action on adopting a Resolution authorizing the Mayor to negotiate and execute a letter of intent among the cities of Abilene, Midland, and San Angelo, Texas for water supply development and delivery

(Presentation by City Manager Daniel Valenzuela)

20. Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for services pursuant to the Interlocal Agreement between cities of Abilene, Midland and San Angelo, effective April 9, 2011 (West Texas Water Partnership), for the quarterly invoice dated September 17, 2013 and October 29, 2013

(Presentation by Finance Director Tina Bunnell)

21. Consideration of adopting a Resolution in preparation for staff to provide for budget goals and policies that include the following options for terminating the wastewater payment in lieu of taxes transfer

(Presentation by Budget Manager Morgan Chegwidden)

22. First public hearing and consideration of introducing an Ordinance amending the 2013-2014 Budget for a contract change order

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

(Presentation by Budget Manager Morgan Chegwidden)

23. First Public Hearing and consideration of introducing an Ordinance increasing the number of members on the Public Housing Authority from five (5) to seven (7) and other related provisions

AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE 2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED; MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5) TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE

(Presentation by City Clerk Alicia Ramirez)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

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


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

a. Tax Increment Reinvestment Zone: Dominic Santos (SMD3) to a full term October 2015

26. Consideration and nomination for Councilmember Marty Self, Single Member District 2 to serve as an ex-officio member on The Howard College San Angelo Foundation Board

27. Announcements and consideration of Future Agenda Items

28. Adjournment

The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code. Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, November 1, 2013, at 5:00 P.M.

/s/________________________ Alicia Ramirez, City Clerk

P R O C L A M A T I O N Whereas, Many children 15 years of age or younger will suffer the loss of one or both parents, an immediate

family member, or a close friend and loved one; and Whereas, The majority of children and teens grieving a loved one feel alone, misunderstood, and fearful,

causing an inability to manage or even face their grief; and Whereas, Many adults and other children erroneously believe that grieving children and teens are resilient

enough to "get over" their grief, which is why children and teens are often called "forgotten mourners"; and

Whereas, The unresolved grief of children and teens who experience the death of a parent, an immediate

family member, or a close friend may lead to depression, hopelessness, and other mental health issues, including anxiety disorders and substance abuse, later in life; and

Whereas, Grief centers such as Hospice of San Angelo’s Building Bridges Program provide peer support to

children and teens who have experienced the death of a parent, primary caregiver, sibling, family member, neighbor, or friend, offer comfort and guidance to young people and their families in their time of grief, and educate the community, including schools and businesses, on the profound effects that this type of personal loss has on children and teens; and

Whereas, National Children's Grief Awareness Day is observed every year on the third Thursday in

November to recognize and support grieving children and teens throughout the country during a part of the year when those mourning the loss of a loved one often feel alone and set apart from their peers; and

Whereas, The permanent establishment of Children's Grief Awareness Day on the Thursday before the

Thanksgiving holiday will raise public awareness about childhood bereavement and give the citizens of our fair community the opportunity to express their support for the thousands of children and teens living in San Angelo who have suffered the loss of a loved one by participating in recognized support events and wearing blue, and recognize the efforts of local grief centers, such as Hospice of San Angelo’s Building Bridges Program, for their work on behalf of grieving children and teens.

NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim and permanently designated the third Thursday in November of each year as

“Children's Grief Awareness Day” in San Angelo in order to raise public awareness about childhood bereavement and give the citizens of our community the opportunity to express their support for the children and teens living in San Angelo who have suffered the loss of a loved one by participating in recognized support events and wearing blue, and recognize the efforts of local grief centers, such as Hospice of San Angelo’s Building Bridges Program, for their work on behalf of grieving children and teens.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5TH day of November, 2013.

THE CITY OF SAN ANGELO ___________________________

Dwain Morrison, Mayor

P R O C L A M A T I O N WHEREAS, every year more than 1.58 million Americans living with life-limiting illness, and their

families, receive care from the nation’s hospice programs in communities throughout the United States;

WHEREAS, hospice and palliative care offer the highest quality of care to patients and families

and bring comfort, love and respect to all those they serve; WHEREAS, hospice allows people to spend their final months surrounded by family and loved

ones at home – wherever home may be; WHEREAS, hospice and palliative care professionals—including physicians, nurses, social

workers, therapists, counselors, health aides, and clergy—providing comprehensive and compassionate care that make the wishes of each patient and family a priority;

WHEREAS, more than 468,000 trained volunteers contribute 21 million hours of service to

hospice program annually; WHEREAS, through pain management and symptom control, caregiver training and assistance,

and emotional and spiritual support, patients are able to live as fully as possible through the journey at life’s end;

WHEREAS, the commitment of more than 1,600 hospice providers, of which Hospice of San

Angelo is one, the National Hospice and Palliative Care Organization, and the Department of Veterans Affairs have allowed the innovative program, We Honor Veterans, to thrive and ensure that Veterans find the compassion, care and dignity they deserve at the end of life; and

WHEREAS, the provision of quality hospice and palliative care reaffirms our belief in the

essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care.

NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim and permanently designated the month of November of each year as

“Hospice and Palliative Care Month” and encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5TH day of November, 2013.

THE CITY OF SAN ANGELO

___________________________


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

WHEREAS, International Education Week is a joint initiative of the U.S. Department of

Education and the U.S. Department of State; it celebrates the importance and benefits of international education in the United States and around the world; and

WHEREAS, President Obama has stated, “All of us share this world for but a brief moment

in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort -- a sustained effort -- to find common ground, to focus on the future we seek for our children, and to respect the dignity of all human beings”; and

WHEREAS, We are reminded that the challenges we face today are increasingly borderless;

climate change, the environment, and the economy are but some of the issues that affect our daily lives and demand our attention on a global scale; and finding sustainable solutions is imperative and will require an unprecedented level of international cooperation; and

WHEREAS, A complete education in the 21st century must teach our children about their

interdependent world, and it must prepare them to be good leaders and good global citizens; and

WHEREAS, International awareness and knowledge can help our children build the skills

needed to communicate and cooperate with those from other nations and other cultures. And as they participate in international education and international exchange, our students can gain the knowledge and experiences to help them contribute to a sustainable future for all.

NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the week of November 18, 2013 as “INTERNATIONAL EDUCATION WEEK 2013

- STRIVING FOR INTERNATIONAL EDUCATION: LEARNING MATTERS AROUND THE WORLD”

as a chance to embrace the uniqueness of nations around the world as well as our similarities—to better understand how to work together and strongly urge everyone to join the Angelo State University International Studies Program in celebrating international education and international exchange.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 5th day of November, 2013.


___________________________

DWAIN MORRISON, MAYOR

RESOLUTIONlwne 19,2073

WHEREAS, Dwain Morrison served as an ex-officio member of theHoward college san Angelo Foundation from March 2004 until March2013, dedicating his time, knowledge and energ-y to the betterment ofthe Howard College San Angelo campus, and

WHEREAS, Dwain Morrison carefully considered each foundationdecision, shared thoughtful insight and demonstrated outstandingIeadership based on moral and ethical principles, and

STHEREAS, Dwain Morrison served the foundation through his sincereinterest, wisdom and deliberate actions in regard to the welfare of thestudents, the college and the community.

BE IT THEREFORE RESOLVED, that the Howard College SanAngelo Foundation wishes to express our sincerest appreciation toDwain Morrison for nine years of outstanding service. .l

,- ), ./

-!A .,'". L j,uzt'"-'^

-

'1u a '\'t;

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 837 Tuesday, October 15, 2013 Vol. 104

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 4:33 P.M., Tuesday, October 15, 2013, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember H.R. Wardlaw Councilmember Charlotte Farmer

were present and acting, with the exception of Councilmembers Silvas and Vardeman, thus constituting a quorum. Whereupon, the following business was transacted:

Councilmember Wardlaw requested Executive Session item Section 551.074(a)(1) regarding the evaluation and duties of the City Manager be postponed until the full attendance by City Council. Council concurred.

RECESS

At 4:34 P.M., Mayor Morrison called a recess.

RECONVENE

At 4:45 P.M., Council reconvened, and the following business was transacted:

EXECUTIVE/CLOSED SESSION

At 4:45 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 under the following sections: Section 551.071 (1)(a) to consult with attorney on pending or contemplated litigation; or (b) a settlement offer relating to ATMOS rates under rate review mechanism tariff; Section 551.071(1)(a) to consult with attorney on pending or contemplated litigation; (b) or a settlement offer to ACAP Health for clinical care engineering services for the City health insurance program; Section 551.072 to deliberate the purchase, exchange, lease, or value of real property for Hickory Water Supply Project relating to Ford Ranch located within McCulloch, Menard and Concho Counties; and, West Texas Water Partnership; and, Section 551.074(a)(1) to deliberate the evaluation and duties of the City Manager.

RECESS

At 5:27 P.M., Mayor New called a recess.

RECONVENE


FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

Page 838 Minutes Vol. 104 October 15, 2013

OPEN SESSION

An invocation was given by Rev. Tim Davenport-Herbst of St. Paul Presbyterian and pledge was led by Zach Fleming, son of City Council member Rodney Fleming and student at Wall Junior High School.

PROCLAMATIONS AND RECOGNITIONS

“Red Ribbon Week”, October 28th-November 1st, was accepted by Mary A. Payton, Prevention Coordinator, Alcohol & Drug Abuse Council for the Concho Valley.

Ziphron Temple No. 100, Daughters of the Nile, “Every Child a Gem” Day, October 26, 2013, was accepted by Mary McGlamery, Ziphron Temple Representative.

“Medical Assistants Recognition Week”, October 21, 15, 2013, was accepted by Sandy Buschardt, Medical Assisting Externship Coordinator, Career Services Coordinator, American Commercial College.

Recognizing the City of San Angelo’s Neighborhood Paint and Clean-Up Blitz, winner of the Texas Municipal League Excellence Awards, City Spirit category for cities over 25,000 population; and, City of San Angelo’s A Creative Approach to Storm Water Education, winner of the Texas Municipal League Excellence Awards, Public Works category for cities over 25,000 population.

Tim Archuleta honoring his 10 years of service at the San Angelo Standard Times.

PUBLIC COMMENT

Public comments were made by Councilmember Self regarding City Council’s compliance with City Charter qualification requirements and requested such be handled in open session at the next City Council meeting. Councilmember Wardlaw commented on the qualifications to run for office and commended him for bringing the matter forward.

Public comments were made by Dr. James Phelps, Angelo State University professor, regarding the Emergency Management Manager vacancy. Mr. Valenzuela stated the hiring process has begun and assured Dr. Phelps there are numerous staff personnel with tremendous experience in this area. Further comments were made by Citizens Barbara Pratt commending City Council for holding an evening meeting; Vera Kirkpatrict, of Twin Oaks Prestonwood Addition, submitting to City Council a petition to remain as a single family resident zoning classification; Jerry Sea regarding the school bus stop on 19th Street; Rick Abbott, member of Lake Nasworthy Home Owners Association, regarding Z13-32; Dave Gurker regarding the quality of street maintenance and materials used; and Parks and Recreation Director Carl White promoting the River Fest event on October 18-19, 2013.

Responding to a statement from Councilmember Farmer in her request to register her opinion to uphold the laws and charter of the City and request the City Attorney Lysia H. Bowling rendor an opinion whether there is a factual determination of such and to clarify there is no issue. Ms. Bowling advised to date no such determination has been made and Council may proceed with the meeting.

Mayor Morrison stated due to deaths in their family, Councilmembers Vardeman and Silvas would not attend today’s meeting.

CONSENT AGENDA

APPROVAL OF THE SEPTEMBER 24, 2013 CITY COUNCIL SPECIAL MEETING AND OCTOBER 1, 2013 CITY COUNCIL REGULAR MEETING MINUTES

AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS

Minutes Page 839 October 15, 2013 Vol. 104

6002 Knickerbocker, Lot 1, Group 2, $343,335.00 (Glen Meadows Baptist Church) 6437 Lincoln Park Road East, Lot 10, Group Lincoln Park, $27,787.00 (Ramos) 1812 Shady Point Circle Drive, Lot 18, Group Shady Point, $76,808.00 (Barnes) 2650 Kings Road, Lot 47, Group Fishermans Road, $107,410.00 (Halfmann)

ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT (Page 849, #2013-10-131)

1704 Magnolia Street, (Jamie), Lots 19 & 20, Block 4, Avondale, $3,011, Suit No. A-08-0080-T 2115 Brown Street, (Hernandez), N 50’ of S ½ of Lot 5, Block 3, Home Acres, $1,700, Suit No. B-03-0156-T 201 W 11th Street, (Hernandez), Lot 1, Block 72, Miles, $1,300, Suit No. B-03-0141-T 721 & 720 Traver Street, (Ortiz/Luna), Lots 13-15, Block 1, Spencer, $5,100, Suit No. D-11-0060-TAX 613 W 15th Street, (Perez), Lot 6, Block 5, Mineola Annex, $750, Suit No. B-94-0062-T 1811 Hudson Street, (Perez), N50’ of Lot 1, Block 2, Mineola Heights, $750, Suit No. TAX90-0179-B ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED FOR THE PURPOSE OF URBAN REDEVELOPMENT, CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT (Page 851, #2013-10-132)

2100 Lillie Street, (Feist), N 71.4’ of W 153’ of Lot 4 & S 28.82’ of W 153’ of Lot 5, Block 4, Home Acres Addition, $1,500, B-98-0129-T

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TRANSFER AGREEMENT BETWEEN THE UNITED STATES OF AMERICA (“FAA”) AND CITY OF SAN ANGELO WHEREBY CITY ACCEPTS OWNERSHIP OF ASSETS DESCRIBED IN RESOLUTION #2012-11-159; BEING A KOHLER 175KW ENGINE GENERATOR, A 14’ X 22’ EG BUILDING SITUATED ON A CONCRETE PAD, AN ABOVE GROUND FUEL STORAGE TANK, A 4’ X 10’ STORAGE BUILDING SITUATED ON A CONCRETE PAD, LOCATED AT 8485 HANGAR ROAD, ANGELO REGIONAL AIRPORT – MATHIS FIELD (AIRPORT) AND FURTHER AUTHORIZING CITY MANAGER TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT TO LEASE NO. DTFACN-13-L-00111, BETWEEN CITY OF SAN ANGELO AND THE UNITED STATES OF AMERICA, DELETING AFOREMENTIONED ASSETS FROM LEASE AGREEMENT AND UPDATE CLAUSES AS A GOVERNMENT REQUIREMENT (Page 853, #2013-10-133)

ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION FOR A STATE HOMELAND SECURITY PROGRAM (SHSP) SUBRECIPIENT GRANT UNDER FEDERAL GRANT AWARD NUMBER EMW-2013-SS-00045, IN THE SUM OF TWENTY-SEVEN THOUSAND NINE DOLLARS ($27,009.00), ACCEPTING THE AWARD OF SAID SHSP SUBRECIPIENT GRANT FUNDS, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE 2013 SUB-RECIPIENT AWARD AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY / TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY (DPS / THSSA) TO ENABLE THE CITY OF SAN ANGELO/TOM GREEN COUNTY EMERGENCY OPERATIONS CENTER TO MAINTAIN WEBEOC SERVERS FOR RELIABLE EMERGENCY OPERATIONS COMMUNICATIONS (Page 855, #2013-10-134)

CONSIDERATION OF AWARDING AP-01-13, TO RURAL ELECTRIC, INC. FOR RUNWAY 3-21 HIGH INTENSITY RUNWAY LIGHTS (HIRL) REPLACEMENT PROJECT, IN THE AMOUNT OF $179,920.00, AT SAN ANGELO REGIONAL AIRPORT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS (discussed in Regular Agenda)


CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO TASK ORDER NO. 16 AND ALL RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN THE AMOUNT OF $195,272.00, FOR UPDATE TO THE RENTAL CAR AREAS ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT AT SAN ANGELO REGIONAL AIRPORT (discussed in Regular Agenda)

CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE TASK ORDER NO. 24 BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $114,400.00, FOR AN ON SITE RESIDENT PROJECT REPRESENTATIVE INSPECTOR FOR THE REMAINDER OF THE TERMINAL BUILDING RENOVATIONS PROJECT AT THE SAN ANGELO REGIONAL AIRPORT (discussed in Regular Agenda)

ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”) AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”) UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY’S RATE-CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL (Page 857, #2013-10-135)

ADOPTION OF A RESOLUTION ACCEPTING THE DEPARTMENT OF JUSTICE 2013 BULLETPROOF VEST PARTNERSHIP GRANT IN THE AMOUNT OF $8,731.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SUCH GRANT AWARD AND RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR ACCEPTANCE OF THE GRANT (Page 873, #2013-10-136)

CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT IN THE SUM OF NINETY-NINE THOUSAND SEVENTY-NINE DOLLARS ($99,079.00), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT 2014-001269-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS AND OBLIGATING THE CITY TO A TEN PERCENT (10%) MATCH IN THE SUM OF NINE THOUSAND NINE HUNDRED AND EIGHT DOLLARS ($9,908.00) TO CARRY OUT CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS (discussed in Regular Agenda)

CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) PART B GRANT FUNDS IN THE SUM OF TWENTY THOUSAND DOLLARS ($20,000.00), AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT 2014-001317-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (discussed in Regular Agenda)

CONSIDERATION OF ADOPTING A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICE (LPHS) GRANT IN THE SUM OF $119,433.00, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE CONTRACT


2014-001291-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (discussed in Regular Agenda)

CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CONCHO VALLEY CENTER FOR HUMAN ADVANCEMENT D/B/A MHMR SERVICES TO FUND COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS AND SERVICES FOR THE 2013-2014 FISCAL YEAR IN THE SUM OF FIFTY-FIVE THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($55,423.00); AND PROVIDING FOR AN EFFECTIVE DATE (discussed in Regular Agenda)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY AND THE SAN ANGELO AREA FOUNDATION FOR CONSTRUCTING AND MAINTAINING ONE AWNING ON THE WEST SIDE OF IRVING STREET AND TWO AWNINGS ON THE NORTH SIDE OF CONCHO STREET OVER SIDEWALK AREA AT THE NORTHWEST CORNER OF THE INTERSECTION OF WEST CONCHO AVENUE WITH SOUTH IRVING STREET, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR CARRYING OUT SUCH PURPOSES; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN (Page 875, #2013-10-137)

ADOPTION OF A RESOLUTION APPROVING THE FIRST AMENDED CONVENTION AND VISITORS BUREAU CONTRACT TO AMEND THE PAYMENT SCHEDULE FROM QUARTERLY TO MONTHLY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT (Page 877, #2013-10-138)

SECOND HEARING AND ADOPTION OF THE AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 879, #2013-10-139)

Z13-27: Greg Huling

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 17.91 acre tract, located at the southeast corner of the intersection of South Chadbourne Street and Christoval Road. This property specifically occupies the C Potter Survey 160, Abstract 7278, in southeast San Angelo, changing the zoning classification from Light Manufacturing (ML), Ranch & Estate (R&E) and Heavy Commercial (CH) to Light Manufacturing (ML) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 881 #2013-10-140)

Z13-31: Baptist Memorials Ministries

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 902, 904, 916 Holcomb Street and 426 and 428 East 8th Street, specifically occupying the proposed subdivision approved August 19, 2013 by the Planning Commission, entitled, Baptist Retirement Community AL-MC Houses, Section 1, Block 1, Lot 1, being a replat of Cornick's


Addition, Block 2, Lots 8-11 and 0.8 acres of the Michael Himmer Survey 321, Abstract 355, in northern San Angelo, changing the zoning classification from Two-Family Residential (RS-2) to Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (discussed in Regular Agenda)

Z 13-32: Fleet Equipment Leasing, LLP.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 25.822 acres tract located south of Red Bluff Road and Hillside Drive; more specifically being 25.822 acres out of 96.314 acres of the Christoph Voight Survey 181, Abstract 3931 and Carl Dammann Survey 180, Abstract 141 in far southwest San Angelo. This property is described on a Preliminary Plat titled “The Canals at Lake Nasworthy” and occupies all of Blocks 6 and 7, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 883, #2013-10-141)

Z 13-33: COSA Planning Commission

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 5237 South Bryant Boulevard, located approximately 700 feet south from the intersection of South Bryant Boulevard Frontage Road and Kimrey Lane. This property specifically occupies the Parkview Acres Addition, portions of Blocks 9 & 10 being 3.0966 acres in southern San Angelo, changing the zoning classification from Ranch & Estate (R&E) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF A PUBLIC RIGHT-OF-WAY FOR "COUNTY ROAD" EXTENDING APPROXIMATELY 400’ NORTHEAST OFF OF LINK ROAD, IMMEDIATELY WEST OF THE CONCHO RIVER ESTATES, BLOCK 34, IN SOUTHERN SAN ANGELO (Page 885, #2013-10-142)

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 400 foot x 60 foot street segment situated approximately 2,600 feet northwest of the intersection of Link Road and Christoval Road along Link Road, immediately west of the Concho River Estates, Block 34, in southern San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

City Council requested the following items be considered in Regular Agenda: AP-01-13, Amendment No. 2 to Task Order No. 16 KSA Engineers for architectural / engineering services, Task Order No. 24 KSA Engineers for architectural / engineering services, FY2014 Texas Department of State Health Services, Public Health Emergency Preparedness (PHEP) grant for $99,079.00, FY2014 Texas Department of State Health Services, Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Part B grant funds for


$20,000.00, Fy2014 Texas Department of State Health Services, Regional and Local Services System (RLSS)/Local Public Health Service (Lphs) grant for $119,433.00, Concho Valley Center for Human Advancement d/b/a MHMR Services, and Z 13-32: Fleet Equipment Leasing, LLP.

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

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

AWARD OF AP-01-13, TO RURAL ELECTRIC, INC. FOR RUNWAY 3-21 HIGH INTENSITY RUNWAY LIGHTS (HIRL) REPLACEMENT PROJECT, IN THE AMOUNT OF $179,920.00, AT SAN ANGELO REGIONAL AIRPORT, AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS Responding to a question by Councilmember Farmer, Airport Director Luis Elguezabal presented background information verifying no General Fund monies will be expended on the projects. Mr. Valenzuela informed the directors are held responsible for monitoring their respective contracts as well as following the specified purchasing policy. Mr. Elguezabal provided a brief update on the project. Public comment was made by Citizen Lee Bell. Motion, to award the bid, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO TASK ORDER NO. 16 AND ALL RELATED DOCUMENTS BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN THE AMOUNT OF $195,272.00, FOR UPDATE TO THE RENTAL CAR AREAS ASSOCIATED WITH THE TERMINAL BUILDING RENOVATIONS PROJECT AT SAN ANGELO REGIONAL AIRPORT (SUBMITTED BY AIRPORT DIRECTOR LUIS ELGUEZABAL) Airport Director Luis Elguezabal presented background information and provided a brief update on the project. Motion, to authorize the amendment, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE TASK ORDER NO. 24 BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL / ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $114,400.00, FOR AN ON SITE RESIDENT PROJECT REPRESENTATIVE INSPECTOR FOR THE REMAINDER OF THE TERMINAL BUILDING RENOVATIONS PROJECT AT THE SAN ANGELO REGIONAL AIRPORT Airport Director Luis Elguezabal presented background information and provided a brief update on the project. Motion, to authorize the amendment, as presented, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT IN THE SUM OF NINETY-NINE THOUSAND SEVENTY-NINE DOLLARS ($99,079.00), AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014-001269-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS AND OBLIGATING THE CITY TO A TEN PERCENT (10%) MATCH IN THE SUM OF NINE THOUSAND NINE HUNDRED AND EIGHT DOLLARS ($9,908.00) TO CARRY OUT CENTERS FOR DISEASE CONTROL PUBLIC HEALTH EMERGENCY PREPAREDNESS GOALS (Page 887, #2013-10-143)


Responding to a question from Councilmember Farmer, Health Director Sandra Villarreal clarified and provided a brief history of the grant. She noted staff is aware the positions are grant funded and employment is contingent on grant funding availability. Ms. Villarreal noted staff is seeking other grant funding alternatives. Motion, to adopt the Resolution, as presented, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) PART B GRANT FUNDS IN THE SUM OF TWENTY THOUSAND DOLLARS ($20,000.00), AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014-001317-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES (Page 889, #2013-10-144) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION RATIFYING THE APPLICATION AND ACCEPTING A FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL AND LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICE (LPHS) GRANT IN THE SUM OF $119,433.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2014-001291-00, WITH THE DEPARTMENT OF STATE HEALTH SERVICES ACCEPTING SAID GRANT FUNDS TO ADDRESS PUBLIC HEALTH ENVIRONMENTAL AND FOOD SAFETY ISSUES (Page 891, #2013-10-145) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CONCHO VALLEY CENTER FOR HUMAN ADVANCEMENT D/B/A MHMR SERVICES TO FUND COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS AND SERVICES FOR THE 2013-2014 FISCAL YEAR IN THE SUM OF FIFTY-FIVE THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($55,423.00); AND PROVIDING FOR AN EFFECTIVE DATE (Page 893, #2013-10-146) Motion, to adopt the Resolution, was made by Councilmember Farmer and seconded by Mayor Morrison. Motion carried unanimously. SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (Page 895, #2013-10-147) Z 13-32: Fleet Equipment Leasing, LLP. AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 25.822 acres tract located south of Red Bluff Road and Hillside Drive; more specifically being 25.822 acres out of 96.314 acres of the Christoph Voight Survey 181, Abstract 3931 and Carl Dammann Survey 180, Abstract 141 in far southwest San Angelo. This property is described on a Preliminary Plat titled “The Canals at Lake Nasworthy” and occupies all of Blocks 6 and 7, changing the zoning classification from a Ranch & Estate (R&E) to a Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Interim Senior Planner Jeff Hintz presented background information.


Public comment was made by Citizen Rick Abbott regarding the Gateway Planning consultant hired for the development of Lake Nasworthy. Councilmember Fleming explained a public meeting will be held on October 21, 2013. General discussion was held on whether the adoption of the plan was premature. Motion, to adopt the Ordinance, as presented, was made by Councilmember Fleming. Responding to a question from Councilmember Farmer, Mr. Hintz and Ms. Fawver stated the item required Council action and postponing may be made as the action. Item seconded by Councilmember Self. Public comments were made by Citizen Tad Logan, President of Lake Nasworthy Association, regarding the sewer capacity and other infrastructure and services which would be adequate for the area. Ms. Fawver replied the area is under private ownership and such improvements would be the responsibility of the developer. Further public comments were made by Citizen Richard Bastardo. Councilmember Fleming clarified the plan is in conjunction with the request of the private landowner. A vote was taken on the motion on the floor. Motion carried unanimously.

RECESS At 6:48 P.M., Mayor Morrison called a recess.

RECONVENE At 7:09 P.M., Council reconvened, and the following business was transacted: CONSIDERATION OF AND POSSIBLE ACTION ON MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION, IF NEEDED PRESENTATION BY DAVID TOOMEY OF ACAP HEALTH Mr. Toomey presented background information and requested payment for his services by the City of San Angelo. A copy of the presentation is part of the Permanent Supplemental Record. Mayor Morrison requested a copy of the signed contract outlining the various points presented by Mr. Toomey. PRESENTATION AND UPDATE ON THE RED ARROYO HIKE AND BIKE TRAIL PROJECT Requested by Councilmember Fleming, City Engineer Karl Bednarz presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the project amenities, project start date of July 2014, project costs and necessary reviews, flood retention ponds, flood certification through FEMA, and project conception since 2005. In conclusion, Council agreed to proceed with the project. Public comments were made by Citizen Rob Ehlers regarding the material of the pathway, suggesting the City use cinder, asphalt, or other material versus concrete. PRESENTATION AND DISCUSSION ON ISSUES RELATED TO GUN CLUB HILL ROAD AT LAKE NASWORTHY Councilmember Fleming suggested decreasing the number of pedestrian traffic on this road. He proposed installing pipe fencing in the illegal parking area and removing the park benches and trash receptacles from the area. Mr. Fleming suggested utilizing Lake Nasworthy trust funds to pay for the project. Public comments were made by Citizens Tad Logan, Rob Ehlers, Marilyn Ross, and Kirby Vanover in support of the project. Councilmember Fleming suggested moving forward with the prohibition of parking within the area.


Responding to a question by Councilmember Farmer, Chief Tim Vasquez stated citations are issued, pedestrians are policed, the area is regularly patrolled, and he suggested privatizing the road or designate as a one-way road. In conclusion, City Council suggested staff present options at a future meeting possibly utilizing the Lake Nasworthy Trust funds to fund the project. PRESENTATION OF THE DOWNTOWN SAN ANGELO (DSA), INC., 2013 2ND QUARTERLY REPORT Del Velasquez, DSA Executive Director and Brenda Gunter, DSA President presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on targeted other businesses other than bars, thereby continuing to change the living conditions and the culture and dynamics of the downtown area.

RECESS

At 8:11 P.M., Mayor Morrison called a recess.

RECONVENE


PRESENTATION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) CALENDAR YEAR 2012 ANNUAL REPORT AND DISCUSSION AND POSSIBLE ACTION REGARDING GOALS, OBJECTIVES, AND PROCEDURES FOR COSADC Interim Economic Development Director Bob Schneeman presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Councilmember Farmer requested an allocation breakdown for each year per the 21% and 78% authorized half cent sales tax designation. Further discussion was held on recommended changes regarding the eligibility requirements and other changes requested by City Council. Council directed staff to provide statistics regarding downtown promotion and San Angelo revitalization endeavors. Ms. Farmer suggested focusing on other areas within the City and requested staff provide an updated map depicting the various funded projects within the City. CONSIDERATION AND POSSIBLE ACTION ON MATTERS RELATING TO WATERING OF THE CITY PARKS, SPORTS FIELDS, SANTA FE GOLF COURSE, AND FAIRMOUNT CEMETERY Parks Superintendent Roger Havlak presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Mr. Havlak proposed decreasing the per gallon usage rate in order to irrigate at least 38” of water per year. Motion, to authorize staff to irrigate the Parks, Sports Complex, Cemetery, and Golf Course prudently, as recommended by staff, for a 12 month period, abiding by the Ordinance, was made by Councilmember Wardlaw and seconded by Councilmember Farmer. Mayor Morrison commented on the current drought condition and suggested waiting three to four months. Further discussion was held on the City’s expense versus revenue in regarding the payment of the water fee in which the City is basically charging themselves for the service, the public’s perception, abiding by the ordinance and possibly watering less than what is allowed, protecting the City’s investment of the various revenue generating property. Mayor Morrison commented on the public’s perception of such action and cautioned the negative impacts of authorizing such action due to the impending drought level conditions. Councilmember Wardlaw modified his motion to include “no budget allocation will be made at this time, staff must follow the restrictions of the Conservation Ordinance, and staff should water prudently”. Public comment was made by Citizen Jim Turner.


A vote was taken on the motion on the floor. AYE: Fleming, Wardlaw, and Farmer. NAY: Morrison and Self. Motion failed 3-2 (four votes required to authorize an action).

Assistant City Manager Rick Weise stated the departments will continue to work within their current authorized budget. POSTPONEMENT OF ADOPTING A RESOLUTION IN PREPARATION FOR STAFF TO PROVIDE FOR BUDGET GOALS AND POLICIES THAT INCLUDE THE FOLLOWING OPTIONS FOR TERMINATING THE WASTEWATER PAYMENT IN LIEU OF TAXES TRANSFER Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF PROVIDING CITY STAFF DIRECTION RELATING TO CHANGING FROM TRADITIONAL BIDDING (LOWEST RESPONSIBLE BIDDER) PROCESS TO THE REQUEST FOR COMPETITIVE SEAL PROPOSAL PROCESS THAT PROVIDES SELECTION CRITERIA RELATING TO LOCAL BUSINESSES Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF ADOPTING A RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE A LETTER OF INTENT AMONG THE CITIES OF ABILENE, MIDLAND, AND SAN ANGELO, TEXAS FOR WATER SUPPLY DEVELOPMENT AND DELIVERY Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred. POSTPONEMENT OF AUTHORIZING FOR FUNDING AND PAYMENT FOR CITY’S PROPORTIONATE SHARE OF COSTS INCURRED FOR SERVICES PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN CITIES OF ABILENE, MIDLAND AND SAN ANGELO, EFFECTIVE APRIL 9, 2011 (WEST TEXAS WATER PARTNERSHIP), FOR THE QUARTERLY INVOICE DATED SEPTEMBER 17, 2013 Mayor Morrison suggested postponing the item until the next regular meeting. Council concurred.

DISCUSSION AND POSSIBLE ACTION REGARDING THE DISSEMINATION OF NEWS RELEASES BY THE CITY OF SAN ANGELO

Requested by Councilmember Farmer, Mr. Valenzuela explained there are established news sources in which both sides of a news story are reported; however, after further review, he noted all press releases are available to the public on the City’s home page and any person may register to receive a media notice by submitting their email address.

General discussion was held regarding constitutional rights, the definition of a noteworthy new media, blogger, suppressing certain groups, and noting the information is available to all via the City’s website.

Motion, the City will not determine whether a group is defined as a blogger or an established new source, and upon request, will provide such information, was made by Councilmember Farmer and seconded by Councilmember Wardlaw.

Mr. Wilson explained the issue regarding the reporting of a blogger, how the individual was approached to receive information from both sides of story, and noted the relationship was not to par of a noteworthy news media.

Mayor Morrison expressed concern of suppression certain groups from receiving information.

Public comments were made by Citizens Harry Thomas and Jim Turner.

A vote was taken on the motion on the floor. AYE: Self, Wardlaw, and Farmer. NAY: Morrison and Fleming. Motion failed 3-2 (four votes required for an affirmative vote).


FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

ADOPTION OF A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”), APPROVING A CHANGE IN THE RATES OF ATMOS ENERGY CORPORATION, MID-TEX DIVISION (“ATMOS”) AS A RESULT OF A SETTLEMENT BETWEEN ATMOS AND THE ATMOS TEXAS MUNICIPALITIES (“ATM”) UNDER THE RATE REVIEW MECHANISM; FINDING THE RATES SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; DIRECTING ATMOS ENERGY TO REIMBURSE THE CITY’S RATE-CASE EXPENSES; FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THE RESOLUTION TO THE COMPANY AND LEGAL COUNSEL (item considered and approved under the Consent Agenda)

Mayor Morrison explained the settlement as outlined in the proposed ordinance.

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

ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Daniel Valenzuela distributed the proposed November 5, 2013 Agenda and solicited Council comments and suggestions.

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Wardlaw and seconded by Mayor Morrison. Motion carried unanimously.

The meeting adjourned at 9:45 P.M.

THE CITY OF SAN ANGELO ___________________________________ Dwain Morrison, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk 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.)

City of San Angelo

Memo Date: October 3, 2013

To: Mayor and Councilmembers

From: Gary Ayers, Street & Bridge / Stormwater Superintendent

Subject: Agenda Item for 11-5-13 Council Meeting

Contact: Gary Ayers, Street & Bridge / Stormwater Superintendent

Caption: Consent

Consideration of awarding Request for Bid “SB-01-13” for street materials to Crushed Stone & Asphalt and Vulcan Materials, not to exceed $ 250,000.00.

Summary: The Street & Bridge Division is seeking approval for the street materials bid for the

upcoming year. These materials include Hot Mix Asphalt Concrete (HMAC) Type D, Flex Base Grade 2 Type A, and Cold Mix Cold Lay Asphalt (CMCL) Premix Type C. Bids were sent to ten local and area vendors with three responses received from CSA Materials (San Angelo, TX), Vulcan Materials (San Antonio, TX), and Ergon Asphalt (Austin, TX).

History: The Street and Bridge Division requests bids on materials used in the routine patching,

maintenance, and repair of roadways and alleys throughout the City, as well as in the construction of foundations and unimproved roads and paths. Bid awards are based on price and availability of material and are awarded for one year. Two one-year renewals will automatically take effect unless either party opts out with written notice within 90 days of the current term expiration.

Financial The estimated annual expense for these patching materials will not exceed Impact: $250,000.00. Other Information: NA Recommends: Staff recommends awarding Bid “SB-01-13” to Crushed Stone & Asphalt for HMAC

Type D and Flex Base Grade 2 Type A, and to Vulcan Materials for CMCL Premix Type C.

Attachments: Bid Tab “SB-01-13” Presentation: None

Reviewed by Director: Shane Kelton Approved by Legal: NA

Item

CMCL Premix

Type C

HMAC

Type D

HMCL

Type D

Flex Base

Grade 2

Type A

Totals $ 477,120.00 67,250.00$

Bidder's List

Armour Asphalt Lubbock, TX

Colorado Materials LTD San Marcos, TX

Crushed Stone and Asphalt CSA San Angelo, TX

Ergon Asphalt & Emulsion Inc Austin, TX

Industrial Aspault Buda, TX

Martin Marietta Materials Uvalde, TX

Price Const. Big Spring, TX

Reece Albert San Angelo, TX

Vulcan Materials San Antonio, TX

West Texas Asphalt Clyde, TX

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

Bid Tabulation Summary/Street Paving Materials

RFB NO: SB-01-13 * September 25, 2013 2:00pm

No Bid No Bid

No Bid No Bid

No Bid No Bid

1

2

3

4 No Bid No Bid No Bid No Bid

No Bid No Bid

No Bid No Bid

15,000 $ 13.39 $ 200,850.00

3,000 No Bid No Bid

Unit Price Total Price

$ 67.25 $ 67,250.00

3,000 $ 92.09 $ 276,270.00

1,000 No Bid No Bid

Vulcan Ergon Asphalt

Unit Price Total Price

CSA Materials

Description Approx

Qty (Tons) Unit Price Total Price

Bid Tab SB0113-Final

A B A + B (A+B X QTY) A B A + B (A+B X QTY) A B A + B (A+B X QTY)

CMCL PremixType C *HMACType DHMCLType D

Flex BaseGrade 2Type A

Totals $ 349,500.00 $ 127,620.00 $ 477,120.00 $ 477,120.00 $ 35,000.00 $ 32,250.00 $ 67,250.00 $ 67,250.00

Payment Terms N30 N30 NA

Procurement Card No No NAPiggy-Back Procurement Option No No NA

Procurement Co-Op No No NA

Bidder's List

Armor Asphalt Lubbock, Tax

Colorado Materials LTD San Marcos, Tax

Crushed Stone and Asphalt CSA San Angelo, Tax

Ergon Asphalt & Emulsion Inc Austin, Tax

Industrial Asphalt Buda, Tax

Martin Marietta Materials Uvalde, Tax

Price Const. Big Spring, Tax

Reece Albert San Angelo, Tax

Vulcan Materials San Antonio, Tax

West Texas Asphalt Clyde, Tax

Bidding Item 330 TxDot - Premix Limestone Rock Asphalt Grades AA, A, B, C, or CC.

C I T Y O F S A N A N G E L O Bid Tabulation/Street Paving Materials

RFB NO: SB-01-13 * September 25, 2013 2:00pm

CSA Materials Vulcan Ergon Asphalt

Description Approx Qty

(Tons)

$/ton Material at Supplier

Plant

Freight/ton delivered to

City Yard Material &

Freight Conversion Ton/Cu. Yd.

Min. Order

Total Delivered

Price


Plant



Freight Conversion Ton/Cu. Yd.

Min. Order

Total Delivered

Price


Plant



Freight Conversion Ton/Cu. Yd. Min. Order

Total Delivered

Price

1,000 No Bid No Bid No Bid No Bid No Bid No Bid $ 35.00 $ 32.25 $ 67.25 1.15 25 tons $ 67,250.00 No Bid No Bid No Bid No Bid No Bid No Bid

3,000 $ 85.00 $ 7.09 $ 92.09 1.4 100 tons $ 276,270.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid

3,000 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid

15,000

$ 6.30 $ 7.09 $ 13.39 1.5

No Bid No Bid No Bid No Bid

No Bid No Bid

No Bid No Bid No Bid No Bid No Bid No Bid

No Bid No Bid 25 tons $ 200,850.00 No Bid No Bid

Remarks: *=Mathematical Correction Submitted as $62,250

No Bid No Bid No Bid No Bid No Bid No Bid

Memo

Date: October 8, 2013

To: Councilmembers From: Ryan Kramer, Vehicle Maintenance Subject: Agenda Item for November 5, 2013 Contact: Ryan Kramer, Vehicle Maintenance - 657-4329 Caption: Consent

Consideration of awarding Buyboard quote VM-10-13 for two ambulance chassis ($55,432) and HGAC quote VM-11-13 for two ambulance box remounts ($55,675), and authorizing the City Manager or designee to execute any necessary related documents

Summary: A Buyboard quote was solicited and received from Caldwell Chevrolet for two (2) one-ton chassis for the use of ambulance vehicles. An HGAC quote was also sought and received from Frazer, LTD for the removal, refurbishing, and remounting of existing boxes already used by the San Angelo Fire Department. History: The City has established a replacement cycle for ambulance chassis of two per year. This cycle replaces each ambulance chassis and refurbishes the patient boxes at approximately six year intervals to ensure the department continues to operate reliable emergency transportation vehicles. Existing City-owned ambulance boxes are removed, cleaned, updated, and remounted on the new chassis. The two replacement ambulance chassis previously approved by council (March 5, 2013) have been purchased and are undergoing the refurbishing process (approved October 1, 2013) at Frazer in Houston. The two chassis described above were ordered late in 2013 due to the Chevrolet factory build ordering schedule. There was a time frame in 2013 where Chevrolet was not taking new build orders. This forced us to purchase 2014 model chassis instead of 2013 models. There was a bid price difference, but Caldwell Chevrolet let us order the 2014 model at the 2013 price. We had to wait until we could order the 2014 chassis through Chevrolet. This caused us to get off our rotation program as it caused the overlap of refurbishing the units into the FY2014. The funds were rolled over from the FY 2013 to the FY 2014 budget to accommodate the process.

The two awards being considered at this time are for the replacement of two ambulance chassis and refurbishing of two currently owned ambulance boxes for the current fiscal year (2013-2014).

City of San Angelo

This process is typically started early because of delays in manufacturing of the chassis and to be put on a waiting list for box refurbishing. Caldwell Chevrolet currently has two 2014 model year chassis meeting City criteria available for purchase. This will aid in completing ambulance replacement for this fiscal year sooner by avoiding the manufacturing waiting period. This purchase also allows us to get back on track with our replacement program. Hopefully we will also be able to complete the refurbishment prior to our high volume needs for standby ambulance request during football season 2014. Financial Impact: The City will purchase two (2) one-ton chassis from Caldwell Country ($55,432) off Buyboard contract #358-10 and the remount service from Frazer ($55,675) off HGAC contract #AM10-12 from capital account 501-9000-800-07-42. Total budget for the project is $210,000, which includes purchasing two truck chassis, the refurbishing of two ambulance boxes and replacement of equipment used in the operation of ambulance services. Related Vision Item: NA Other information/Recommendation: Staff recommends awarding the bid to Caldwell Chevrolet (Caldwell, TX) and Frazer, LTD (Houston, TX). Attachments: None Reviewed by: Brian Dunn, Fire Chief

City of San Angelo



From: Robert F. Bluthardt

Subject: Agenda Item for November 5, 2013 Council Meeting

Contact: Robert F. Bluthardt Fort Concho 481-2646

Caption: CONSENT Agenda

Consideration of awarding a contract for $79,464 to Kiser Flooring Center for the replacement of approximately 25,000 square feet of carpet at the Chase State Office Building

Summary: Bids were solicited for the replacement of approximately 25,000 square feet of carpet at the Chase State Office Building, a property owned and operated by the City of San Angelo. Two bids were received.

History: Lease requires the replacement of carpet; staff has identified the spaces in need of new carpet

Financial Impact: Funding for this project and other capital improvements is included in Fund 201

Related Vision Item (if applicable):

Neighborhood Vision: Provide good infrastructure

Infrastructure Vision: Long term maintenance for infrastructure

Other Information/ Recommendation:

Staff recommends awarding contract for this project to Kiser Flooring Center

Attachments: Bid Tabulation CH-01-13 Chase Building Flooring Replacement and Contract

Presentation: n/a

Publication: n/a

Reviewed by Director:

Carl White Parks & Recreation

Approved by Legal: City Attorney Lysia H. Bowling, 10/28/13

CITY OF SAN ANGELO

REQUEST FOR BID RFB No: CH-01-13

Ralph Chase State Building

Carpet Replacement

RFB SUBMITTAL DEADLINE September 11, 2013, 2:00 PM Local Time

Contract Documents Specifications

City of San Angelo 72 West College Avenue

San Angelo, Texas 76903

i

INVITATION TO BID ........................................................................................................................................... 1

SCOPE OF WORK ...................................................................................................................................................... 1 DOCUMENT, PLANS AND SPECIFICATIONS AVAILABILITY ....................................................................................... 1 INSURANCE AND INDEMNIFICATION REQUIREMENTS ............................................................................................... 1 PRE-BID CONFERENCE ............................................................................................................................................ 1 DELIVERY OF PROPOSAL ......................................................................................................................................... 1 NO BIDS .................................................................................................................................................................... 1 CONFIDENTIALITY ..................................................................................................................................................... 1 EQUAL OPPORTUNITY EMPLOYERS ......................................................................................................................... 1 QUALIFICATION STATEMENT .................................................................................................................................... 1 REJECTION OF BIDS ................................................................................................................................................. 1 BID WITHDRAWAL .................................................................................................................................................... 2 COPIES OF BID TABULATION RESULTS ................................................................................................................... 2 POINTS OF CONTACT ................................................................................................................................................ 2

1. CONTRACT DOCUMENTS ...................................................................................................................... 3

1.0. INSTRUCTIONS TO BIDDERS ....................................................................................................................... 3 1.1. EMPLOYMENT REQUIREMENTS AND WAGE RATES .................................................................................. 7

2. PROJECT AGREEMENT (DRAFT) ........................................................................................................ 13

3. GENERAL CONDITIONS ........................................................................................................................ 33

3.0. GENERAL CONDITIONS ............................................................................................................................ 33 3.1. WORKER’S COMPENSATION INSURANCE REQUIREMENTS ..................................................................... 43 3.2. CONTRACT MEASUREMENT AND PAYMENT ............................................................................................ 44 3.3. PROJECT REQUIREMENTS ....................................................................................................................... 47 3.4. MATERIALS ............................................................................................................................................... 48 3.5. PROJECT MEETINGS ................................................................................................................................ 49 3.6. CONSTRUCTION ADMINISTRATION ........................................................................................................... 50

4. TECHNICAL SPECIFICATIONS ............................................................................................................ 53

4.0. GENERAL .................................................................................................................................................. 53 4.1. QUALIFICATIONS OF CONTRACTOR ........................................................................................................ 53 4.2. FURNITURE MOVING ................................................................................................................................. 53 4.3. MATERIAL DELIVERY AND STORAGE ...................................................................................................... 53 4.4. QUALITY CONTROL .................................................................................................................................. 53 4.5. PROTECTION ............................................................................................................................................. 53 4.6. CLEAN-UP ................................................................................................................................................ 53 4.7. INSPECTIONS ............................................................................................................................................ 54 4.8. SPECIFICATIONS FOR MATERIALS: .......................................................................................................... 54 4.9. SPECIFICATIONS FOR WORK ................................................................................................................... 54 4.10. LOCATIONS AND ESTIMATES ................................................................................................................... 54

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

ii

Intentionally Left Blank

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

RFB: CH-01-13/Carpet Replacement Page 1

INVITATION TO BID Scope of Work The City of San Angelo is seeking bids for the replacement of 24,000 square feet carpet and flooring in the Chase State Office located at 622 South Oakes, San Angelo, Texas. The contractor shall provide all labor for preparing the worksite and furnish all material, accessories, labor, and equipment necessary for completing the replacement and installation. Document, Plans and Specifications Availability Contract documents, including plans and specifications are available and may be examined without charge in the Purchasing Department, Suite 330, City Hall, San Angelo, Texas.

Bid documents, plans, and specifications may be obtained at the Purchasing Department, Room 204, City Hall or downloaded at sanangelotexas.us at no cost. No partial sets will be issued. Insurance and Indemnification Requirements Insurance and indemnification requirements applicable to this project are included within the draft Project Agreement Form included within this bid package. Please read the bold note at the top of the first page of the draft Project Agreement Form and review the insurance and indemnification requirements listed in Section 5 of that form with your insurance agent prior to submitting your bid. Pre-Bid Conference A pre-bid conference will be held on August 21, 2013, 2:00 P.M., beginning in the East lobby of the Ralph Chase Building, 622 South Oakes, San Angelo, Texas. Representatives of the City will discuss bid conditions and answer questions regarding bid procedures. Delivery of Proposal Sealed proposals must be addressed to the, City of San Angelo, Purchasing Department-RFB, 72 West College Avenue, San Angelo, Texas 76903, or for Delivery Services - City of San Angelo, Purchasing Department-RFB, Suite 330, 72 West College Avenue, San Angelo, Texas 76903, will be received until 2:00 P.M., Local Time, September 11, 2013.

Mark Envelope: “RFB NO. CH-01-13/13/Carpet Replacement

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

Faxed or electronically transmitted submittals will not be accepted

No Bids To remain on the City of San Angelo’s Potential Bidders you must submit a “No Bid”. To submit a No Bid, complete the Bid Sheet by entering “No Bid” on Line Item 1, complete the Contact Information section, and mail the Bid Sheet pages before the deadline. Firms that do not respond will be removed from the bidders list.

Confidentiality All bids submitted shall remain confidential. After award, proposals will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified. Equal Opportunity Employers All contractors and subcontractors must be Equal Opportunity Employers. Disadvantaged and Minority Bidders are encouraged to participate. Qualification Statement Prospective bidders should be advised that a qualification statement may be required.

Rejection of Bids The City of San Angelo reserves the right to reject all bids, to waive informalities or irregularities, and to reject non-conforming, non-responsive, or conditional bids.


Bid Withdrawal No bid may be withdrawn within a period of 60 days after the date fixed for opening bids Copies of Bid Tabulation Results For a copy of the Bid Tabulation results, send a self-addressed stamped envelope to: Purchasing Department, City of San Angelo, 72 West College, San Angelo, Texas 76903 or email [email protected]

Points of Contact

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

Dwain Halfmann, Building Maint. Supv. City of San Angelo 622 South Oakes San Angelo Texas, 76903 Office: (325) 656-6265 Email: [email protected]


1. CONTRACT DOCUMENTS

1.0. Instructions to Bidders

1.0.1. Bids

1.0.1.1. Digital Format If Bidder obtained the bid specifications in digital format in order to prepare a proposal, the bid must be submitted in hard copy according to the instructions contained in this bid package. If, in its bid response, Bidders makes any changes whatsoever to the published bid specifications, the bid specification as published shall control. Furthermore, if an alteration of any kind to the bid specification is discovered after the contract is executed and is or is not being performed; the contract is subject to immediate cancellation without recourse. 1.0.1.2. Submission of Bid Each Bid and accompanying data shall be enclosed in a sealed opaque envelope or wrapping, addressed to the City of San Angelo, Texas, marked BID ENCLOSED and identified on the outside with the Bidder's name and with the bid number and/or title as stated in the Invitation to Bid. The Owner will not be responsible for the premature opening of any proposal which is not submitted in a satisfactory BID ENVELOPE or which is not properly addressed and identified.

If the Bid is sent by carrier (Fed Ex, UPS, etc), the sealed envelope shall be enclosed in the carrier’s packaging with the notation "BID ENCLOSED" on the face thereof.

Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened.

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

1.0.1.3. Modifications – Corrections, Deletions or Additions No phone, fax, or email changes to bids will be accepted. Prices cannot be changed after bids are opened. Corrections, deletions, or additions shall be submitted in writing and delivered in a sealed envelope prior to bid opening.

1.0.1.4. Bid Form Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The state of incorporation shall be shown below the corporate name. Bids by partnerships must be executed in the partnership name and signed by a partner; title and the official address of the partnership must be shown below the signature. Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized agent of each participant.

The names of all persons signing must also be legibly printed below the signature. A Bid by a person who affixes to his signature the word "president", "secretary", “agent", or other designation without disclosing his principle may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.

Bid forms must be completed in ink. All blank spaces in the Bid Form shall be filled. A bid price shall be indicated for each item and alternative listed therein, or the words "No Bid", "No Charge", or other appropriate phrase shall be entered. Bids received without all such items completed may be considered non- responsive.

The Bidder is not required to acknowledge receipt of Addenda but shall include all addenda in Bidder’s response. No alterations in Bids or alterations made to the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder.

1.0.1.5. Withdrawal of Bids Bids may be modified or withdrawn by contacting the Purchasing Department and requesting


withdrawal any time prior to opening of Bids. Notice must be in writing. Notices by email, fax, or phone will not be accepted.

1.0.1.6. Rejection of Bids The Owner reserves the right to reject all bids, and does not bind himself to accept the lowest bid or any proposal for this work or any part thereof and shall have the right to ask for new bids for the whole or parts, should he desire to do so.

1.0.1.7. Award and Execution of Documents If the Contract is awarded, it shall be awarded to the bidder whom, in the Owner's judgment, is the lowest responsive, responsible Bidder. Owner reserves the right to reject any or all Bids, to waive any or all informalities, and to reject nonconforming, non-responsive, or conditional bids.

The award of the bid, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the Owner and Bid complies with all the prescribed requirements. In analyzing Bids, the Owner may take into consideration alternates and unit prices, if requested by the Bid forms.

Failure of the selected Bidder to deliver the required Contract Documents, including the required Bonds and insurance, within thirty (30) days of the Notice of Award to selected Bidder shall be just cause for the Owner to annul the award and declare the Bid and any guarantee thereof forfeited, not as a penalty, but as liquidation of damages to the Owner.

In evaluating Bids, the Owner shall consider the Criteria for determining Lowest Responsible Bidder adopted by the City Council and included herein.

“Lowest Responsible Bidder” is defined as: one who submits the lowest bid and who has proven themselves capable of performing a contract and appears financially and technically capable of adequately performing the contract. In determining the lowest responsible bidder, the following criteria will be considered.

• Was the bid received within the time and date specified in the Request for Bid (RFB)? • Was the bid executed by a person authorized to sign for the company? • Was pricing provided as requested in the Request for Bids? • Does the bid meet the minimum specifications? • Does the bidder and bidder’s subcontractors have adequate experience and technical

experience to successfully fulfill the contract requirements? • Did the bidder provide a list of references to include company or individual name, contact

person, phone number? • Did the bidder provide a list of projects of similar size and dollar amount as this project? • What is the bidder’s quality and performance on previous contracts? • Is the bidder on the federal, state, or other department lists? • Has the bidder been terminated from a project for non-compliance or substandard work? • Does the bidder have the financial resources to provide the necessary equipment, materials,

labor, etc., to successfully complete the project? Can the bidder provide a performance and payment bond in an amount equal to the total amount of the project?


• Does the bidder have a permanent place of business? • Does the bidder have adequate staff available to complete the project within the period

specified? • Can the bidder provide the required insurance coverages as specified? • Does the bidder have a satisfactory work history with the City?

1.0.1.8. Bid Security Each proposal must be accompanied by a Bid Bond, Certified or Cashier's Check (on a solvent bank in the State of Texas), drawn to the order of the Owner in the sum of not less than five percent (5%) of the total amount of the proposal. The bid bond must be executed by a surety meeting the requirements set forth in the General Conditions. The bid security shall be made payable without condition to the City of San Angelo, Texas. Bids submitted without a bid bond will be considered non-responsive and rejected.

1.0.1.9. Return of Bid Security The bid security of the successful Bidder will be retained until he has executed the contract agreement and furnished the required Contract Security and insurance, whereupon checks furnished as bid security will be returned. The bid security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the day after the required documents are delivered by the selected Bidder to Owner but not to exceed 60 days after the Bid opening. Checks furnished as bid security by other Bidders will be returned within 30 days of the Bid opening.

1.0.2. Interpretations All questions about the meaning or intent of the Contract Documents shall be submitted to the Purchasing Department in writing. Replies will be issued by Addenda mailed, faxed, emailed, or delivered to all parties recorded by Owner as having received the bid documents. Questions received less than five days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral interpretations or clarifications will be without legal effect. 1.0.3. Taxes and Permits Attention is directed to the requirements of the General Conditions regarding payment of taxes and obtaining permits. All taxes that are lawfully assessed against Owner or Selected Bidder in connection with the Work shall be paid by the selected Bidder. The bid prices shall include all such taxes and the costs of all required permits. The Owner is exempt from State Sales Tax. The Owner's State Sales Tax Exemption Number is 75-6000-659. 1.0.4. Examination of Contract Documents Each bidder shall thoroughly examine and be familiar with the Contract Documents. The submission of a bid shall constitute an acknowledgment that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him from any obligations with respect to his bid or to the contract. No claim for extra or additional compensation will be allowed based upon a lack of knowledge of any contract document, and the Owner will in no case be responsible for any loss or for unanticipated costs that may be suffered by the selected Bidder as a result of conditions pertaining to the work. 1.0.5. Familiarization with the Type of Work Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization.

1.0.6. Site Investigation The information contained in the Contract Documents in regard to topography, subsurface soils, subsurface structures, and any quantities based thereon, is furnished solely for the convenience of the Contractor as information available at the time. The accuracy of this information is not guaranteed and the Contractor is


fully and solely responsible to verify pertinent information prior to bid time. Use of the information provided in no way relieves the Contractor or others of any responsibility for loss due to inaccuracies or deviations, which may be encountered. 1.0.7. Soils Testing Specifications The Contractor will be allowed to conduct soils investigations within the alignment of the proposed Project, as they can be coordinated with the Owner and appropriate landowners during the Bid preparation phase. All such investigations must be coordinated through the Owner. 1.0.8. Subcontractors and Suppliers When requested by the Owner, within 24 hours of bid opening, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the Work.

1.0.8.1. Subcontractor Qualification Particular consideration will be given to the qualifications of each Subcontractor proposed to perform more than 5 per cent (5%) of the Work.

The successful Bidder will submit to the Owner for acceptance a list of the names of subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) identifying that portion of the Work to be performed by each subcontractor within fourteen (14) days of the issuance of Notice of Award.

Subcontractors will be evaluated utilizing “Criteria for Determining Lowest Responsible Bidder” as contained herein. The Owner will notify the successful Bidder in writing if, after due investigation, there is objection to any Subcontractor, person, or organization on such list.

If the apparent low Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his Bid Security. Additional requirements for subcontractors are contained within the General Conditions, of this document.

The failure of the Owner to make any such objection prior to the execution and delivery of the Agreement shall constitute an acceptance of such Subcontractor, person, or organization. Such acceptance a Subcontractor, person or organization shall not: (1) constitute a waiver of any right of the Owner to reject defective Work, Material, or Equipment, or Work, Material, or Equipment not in conformance with the requirements of the Contract Documents; or (2) constitute a waiver of Contractor’s complete and total liability for any defective Work, Material, or Equipment, or Work Material or Equipment not in conformance with the requirements of the Contract Documents whether or not provided by or performed by any such Subcontractor.

If the Owner registers objection to and refuses to accept a Subcontractor, person, or organization list the successful Bidder may either (1) submit an acceptable substitute without an increase in his Bid price or (2) withdraw his Bid. If the Owner raises objection to a Subcontractor, person, or organization after the execution and delivery of the Agreement, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the reasonable difference in cost occasioned by such substitution and an appropriate Change Order shall be issued. In the event that prior objection is raised as described above, but the Contractor fails to submit an acceptable substitute prior to execution and delivery of the Agreement, no increase in Contract Price shall be allowed.

1.0.8.2. Suppliers The list of Subcontractors shall also include the suppliers and manufacturers of the principal items of materials and equipment the Bidder expects to use in the Work.

1.0.9. Copies of Contract Documents The selected Bidder to whom a contract is awarded will be furnished, without cost to him, five (5) copies of the specifications and five (5) sets of the drawings, together with all Addenda thereto. Additional copies of specifications and drawings may be obtained from the Owner at the cost stated in the Invitation to Bid.

1.0.10. Performance and Payment Bond

(a) Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall furnish bond(s) each in a penal sum of at least the full amount of the contract as awarded in


the form included in the specifications, which secures the faithful performance of the contract, and for the payment of all persons, firms or corporations to whom the selected Bidder may become legally indebted for labor, materials, tools, equipment, or service, of any nature, employed or used by him in performing the work. Such bond(s) shall bear the same date as or a date subsequent to, the date of the contract.

(b) On each such bond the rate of premium shall be stated, together with the total amount of the premium charged. The current power of attorney for the person who signs for any surety company shall be attached to such bond. (c) The failure of the successful bidder to supply the required bonds within thirty (30) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant based upon reasons determined adequate by the Owner, shall constitute a default, and the Owner may either award the contract to the next responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guarantee.

(d) Performance and Payment Bonds shall be delivered to the Purchasing Department.

1.0.11. Waiver of Performance and Payment Bonds

Performance and Payment Bonds may be waived under the following circumstances:

1) The Payment Bond is not required if the contract sum is twenty-five thousand ($25,000.00) Dollars or less, 2) The Performance Bond is not required if the contract sum is less than one-hundred thousand ($100,000.00) Dollars, and 3) The selected bidder provides a current certificate of Insurance listing coverages in the amounts required herein.

1.0.12. Quantities are Approximate The quantities named in the bid-agreement form or separately listed are approximate only, but these are to be used as a basis for the comparison of proposals and to determine the amount of the bonds. However, if a unit price appears to the Owner to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the selected Bidder excessively, then the Owner may take such a condition under consideration in making the award of the contract.

1.1. Employment Requirements and Wage Rates

1.1.1. General The award of this contract shall be based in part upon payment by the selected Bidder and his Subcontractors of wage rates not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

The selected Bidder shall comply with all requirements of the prevailing wage law of the State of Texas, Texas Government Code, Chapter 2258, including the latest amendments thereto.

The prevailing wage law does not prohibit payment of more than the general prevailing rate of wages.

1.1.2. Records The selected Bidder and each Subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed, together with the actual wages paid to each worker. At all reasonable hours, such records shall be open to inspection by the representatives of Owner.

1.1.3. Penalty If the selected Bidder or any Subcontractor fails to comply with the prevailing wage law, he shall forfeit to Owner sixty dollars ($60.00) per day for each laborer, workman, or mechanic who is paid less than the specified rate, pursuant to §2258.023 of the Texas Government Code.


1.1.4. Hours of Labor The selected Bidder shall comply with all requirements of the hours of work on public works defined by Texas Government Code §650.001, including the latest amendments thereto, as an eight (8) hour work day. Violation of this provision is punishable by fine and imprisonment pursuant to §650.003 of the Texas Government Code.

1.1.5. Veterans Preference Pursuant to Texas Government Code, §657.004, the selected Bidder shall give preference in employment to honorably discharged veterans who were engaged in the services of the United States in time of war or conflict and who are and have been citizens of Texas for not less than five (5) years. 1.1.6. Prevailing Wage and Hour Decision Chapter 2258 of the Texas Government Code requires contractors and subcontractors performing work on public works contracts to pay wages at a rate consistent with the rate prevailing in the area. Under federal law, the United State Department of Labor is required to maintain a prevailing Wage and Hour decision for each geographical area. Compliance with the published decision meets the requirements of the Texas Government Code.

Additionally, the Davis-Bacon Act and other related federal law requires all contractors and subcontractors performing work on federal construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area.

If more than $2,000 of federal funds are included in the funding source for this project, then the following provisions apply:

1. If the Wage Decision lists fringe benefits, you must either provide the benefits or pay the hourly

equivalent in cash in addition to the predetermined wage.

Labor classifications not appearing on the Wage Decision will be deferred to the U.S. Department of Labor (DOL) for approval.


1.1.7. General Decision

General Decision Number: TX130267 05/17/2013 TX267 Superseded General Decision Number: TX20120267 State: Texas Construction Type: Building County: Tom Green County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 05/17/2013 * BOIL0531-001 01/01/2013 Rates Fringes Boilermaker....................$ 22.71 20.63 ---------------------------------------------------------------- ENGI0178-004 12/01/2009 Rates Fringes OPERATOR: Forklift..............$ 21.20 9.35 ---------------------------------------------------------------- IRON0263-017 06/01/2012 Rates Fringes Ironworker, reinforcing........$ 21.85 5.40 ---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray............................$ 15.81 4.56 ---------------------------------------------------------------- PLUM0404-022 09/24/2012 Rates Fringes PLUMBER/PIPEFITTER...............$ 22.50 6.25 ---------------------------------------------------------------- SUTX2009-173 06/03/2009 Rates Fringes


BRICKLAYER.......................$ 18.00 0.00 CARPENTER, Includes Drywall Hanging, and Form Work...........$ 13.82 0.00 CEMENT MASON/CONCRETE FINISHER...$ 13.89 0.00 ELECTRICIAN......................$ 15.85 1.47 IRONWORKER, STRUCTURAL...........$ 10.84 0.00 LABORER: Common or General......$ 9.06 0.00 LABORER: Mason Tender - Brick...$ 9.13 0.00 OPERATOR: Backhoe/Excavator.....$ 13.81 0.00 OPERATOR: Grader/Blade..........$ 12.97 0.00 OPERATOR: Loader (Front End)....$ 12.23 0.00 ROOFER...........................$ 12.06 0.00 TILE SETTER......................$ 8.50 0.00 TRUCK DRIVER.....................$ 10.15 0.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first


four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.


With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION


2. PROJECT AGREEMENT (DRAFT) NOTICE

NOTICE

This is the City’s standard form of agreement for projects of this type. The specified insurance requirements in Section 19 are applicable to this project. After bids are opened and City has determined its recommendation, a final Contract for your signature will be prepared. The appropriate sections will be completed with an accurate summary of the description of work to be awarded and the bid price recommended to Council, including all alternates, options and addenda to be awarded. Any special provisions included in the bid documents will be added in Section 27 of this Contract. This Contract must be finalized by City, and signed by Contractor, prior to the award of the bid by the City Council.

CONTRACT FOR

CONSTRUCTION PROJECT RFB No. CH-01-13

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

__________________, 2013) (“effective date”) by and between the City of San Angelo, a home-

rule municipal corporation of the State of Texas (“City”) and _________________, a

_______________, (“Contractor”).

RECITALS:

A. City has issued a Request for Bid No. CH-01-13, Ralph Chase State Building

Carpet Replacement (“RFB No. CH-01-13”) for replacement of rolled carpet and some

replacement with carpet squares at the Ralph Chase State Building, aka Ralph Chase Services

Building, located at 622 South Oakes. The RFB and Contractor’s Bid are sometimes referred to

herein collectively as the Contract Documents (“Contract Documents”), which are by this

reference incorporated herein and made a part of this Agreement.

B. The Council of the City of San Angelo approved the selection of Contractor on

________________, 2013, and authorized the City Manager to negotiate and execute a contract,

under the terms and conditions set forth herein.


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

contained, City and Contractor agree as follows:

TERMS:

1. RECITALS AND INCORPORATIONS: The recitals are true and correct and are

hereby incorporated into and made a part of this Agreement. Contract documents are hereby

incorporated into and made a part of this Agreement as if fully set out herein and attached hereto

as Exhibit “__”.

2. STATEMENT OF WORK:

A. Contractor shall be responsible for completing Work described in (“RFB No. CH-

01-13”) to include replacement of rolled carpet and some replacement with carpet squares for

approximately 25,000 square feet of floor as specified in the Contract Documents.

B. Contractor shall provide all labor for preparing the worksite and furnish all

material, accessories, labor, and equipment necessary for completing the construction,

replacement and installation; and, all other Work specified in the technical specification

documents and drawings included with the Contract Documents incorporated herein by reference

in Section 7. of this Agreement and in accordance with the terms and conditions set forth herein

and within those Contract Documents.

3. TIME OF PERFORMANCE: Contractor agrees to substantially complete Work within

Ninety (90) consecutive calendar days (“Contract Time”) after the date 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 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 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 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 Hundred and 00/100 Dollars ($100.00) for each calendar day that

expires after the time specified in Section 3. until Work is substantially complete. Therefore,

Contractor shall pay City as liquidated damages One Hundred and 00/100 Dollars ($100.00) for

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

complete.

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

in this Contract, and Contractor shall accept as full compensation therefore, the Bid Price of

_____________________ Dollars (______________) 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 Section 6. Payment Procedure.

6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in

accordance with the General Conditions as shown in RFB No. CH-01-13 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 forth below:

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

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

submittal of the Application for Payment each month as provided below. All progress payments


shall be based upon the progress of Work measured as provided for in the General Conditions.

B. Final Payment. Upon completion and acceptance of 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 City are incorporated

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

• Request for Bid No. CH-01-13 Ralph Chase State Building Carpet Replacement

(“RFB No. CH-01-13”)

• Contractor’s Bid

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

requirements and addenda comprising said Bid Invitation Number as of the time

this Contract is entered by Contractor and City.

8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this

Agreement, Contractor makes the following representations to City:

A. 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.

B. Contractor has made, or caused to be made, examinations and investigations of

information as it deems necessary for the performance of 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.

C. 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.


D. Contractor is skilled and experienced to responsibly perform the type of Work

described in the Contract Documents in a timely manner.

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

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

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

recordkeeping, 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.

10. 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.

11. 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, 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 provisions of the City of

San Angelo Code of Ordinances, as same may be amended or supplemented from time to time.

12. 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,

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

the award of this Agreement.

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

reasonable times, to all documents and information pertaining to City contracts, 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.

14. 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 Contract 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 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 Work 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 Work, including consequential and incidental damages.

15. CITY’S TERMINATION RIGHTS:

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

time, by giving written notice to 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 Work

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 or liability 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.

16. RESOLUTION OF CONTRACT 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 City Manager for his resolution, prior to Contractor

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

compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City

Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not

be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written

decision, approved by the City Council if the amount of compensation hereunder exceeds

Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after


submitting to the City Manager a detailed statement of the dispute, accompanied by all

supporting documentation [ninety (90) days if 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.

17. INSURANCE:

A. 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 Work 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.

B. 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 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.

18. INDEMNIFICATION:

A. GENERAL 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 ATTORNEY’S FEES) OR LIABILITIES (COLLECTIVELY

REFERRED TO AS “LIABILITIES”) ASSERTED BY ANY PERSON OR PERSONS,

INCLUDING AGENTS OR EMPLOYEES OF CONTRACTOR OR CITY 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 SUB-CONTRACTORS

(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 CONTRACTOR TO COMPLY WITH ANY OF THE

PARAGRAPHS HEREIN OR THE FAILURE OF 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 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. 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 SUB-CONTRACTORS, AS

PROVIDED ABOVE, FOR WHICH CONTRACTOR’S LIABILITY TO SUCH EMPLOYEE

OR FORMER EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER

STATE WORKERS’ COMPENSATION OR SIMILAR LAWS. 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.

B. 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 COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS

OF CONTRACTOR IN PERFORMING UNDER THIS AGREEMENT.

C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN

THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS

OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY TO

CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE TERM

OF PREVIOUS AGREEMENTS BETWEEN CITY AND CONTRACTOR.

19. INSURANCE REQUIREMENTS:

A. General Conditions. The following conditions shall apply to all insurance

policies obtained by Contractor for the purpose of complying with this Agreement.

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) 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.

3) 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.

4) Certificates of Insurance. At or before the time of execution of this Agreement,


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

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. Certificates of insurance and notices of cancellations,

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

W. College Ave., San Angelo, Texas 76903.

5) 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 Agreement. 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.

6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor 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 City’s Risk Manager

evidencing coverage for each Subcontractor and Sub-Subcontractor.

B. Types And Amounts Of Insurance Required. Contractor shall obtain and

continuously maintain in effect at all times during the term hereof, at 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 Contractor and additional insureds against all claims arising from bodily

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

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


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 Agreement 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 (2) years after final payment].

Coverage limits shall not be less than: $ 500,000.00 General Aggregate $ 500,000.00 Products- Completed Operations $ 500,000.00 Personal & Advertising Injury $ 500,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire)

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:

$ 500,000.00 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 Contractor against all claims under applicable

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

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

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

shall not be less than:

Statutory Amount Workers’ Compensation $ 500,000.00 Employer’s Liability, Each Accident $ 500,000.00 Employer’s Liability, Disease - Each Employee $ 500,000.00 Employer’s Liability, Disease - Policy Limit

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

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


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

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

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.)

20. INDEPENDENT CONTRACTOR: Nothing contained in this Agreement is intended

to, or shall be construed in any manner, as creating or establishing the relationship of

employer/employee between the parties. Contractor shall at all times remain an independent

contractor with respect to the services to be performed under this Agreement. City shall be

exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical

insurance and workers’ compensation insurance on Contractor’s employees.

21. 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.

22. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Contractor must comply

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

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

employment as required by IRCA.

23. AMENDMENTS: City or Contractor may amend this Agreement at any time provided

that such amendments make specific reference to this Agreement, and are executed in writing,

signed by a duly authorized representative of both organizations, and approved by City. Such


amendments shall not invalidate this Agreement, nor relieve or release City or Contractor from

their respective obligations under this Agreement.

24. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the

Contract Documents will be binding on another party hereto without the written consent of the

party sought to be bound; and specifically, but without limitation, moneys that may become due,

and moneys that are due, may not be assigned without such prior consent (except to the extent

that this restriction may be limited by law), and unless specifically stated to the contrary in any

written consent to an assignment, no assignment will release or discharge the assignor from any

duty or responsibility under the Contract Documents.

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

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

26. NOTICES: Communication and details concerning this Agreement shall be directed to the following representatives: CITY: CONTRACTOR: City of San Angelo Attn: Robert Bluthardt Attn: 630 S. Oakes San Angelo, Texas 76903 Phone: (325) 481-2730 Phone: (___) ___-____ Email: [email protected] Email:

Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach

of this Agreement, notice must first be given City within six (6) months of the date Contractor

alleges the breach occurred. Such notice shall be in accordance with and provide substantially

the same information as required for notice of tort claims as specified in Article 1.500 of the City

of San Angelo Code of Ordinances.


27. MISCELLANEOUS PROVISIONS:

A. Remedies: In the event of default by Contractor under the Contract Documents,

City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of

the Contract Documents; however, arbitration is not an available remedy to resolve any disputes

arising under this Agreement unless City and Contractor mutually agree to such remedy in a

separate written Agreement. The exercise of any one right or remedy shall be without prejudice

to the enforcement of any other right or remedy allowed at law or in equity.

B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or

Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on

the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary

disbursements in addition to any other relief to which the prevailing party is entitled.

C. Conflicts: This Agreement, the documents required to be provided, and the

Contract Documents constitute the entire Agreement between the parties hereto and supersede

any prior written or oral Agreements and understandings between the parties. If any provision of

this Agreement, the General Conditions, the Specifications or any other provision contained

within the Contract Documents conflicts, or is inconsistent with any other provision of the

Contract Documents, then the conflict or inconsistency will be resolved first by reference to the

terms of this Agreement, then to the General Conditions to this Agreement and then finally to the

Specifications therein, unless a federal law, regulation or restriction would require otherwise, in

which case the federal provision would control.

D. Severability: If any provision of this Agreement is held invalid or unenforceable,

the remainder of the Agreement shall not be affected thereby and all other parts of this

Agreement shall nevertheless be in full force and effect.


E. Venue: This Agreement, including the Contract Documents, is governed by the

laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or

related to Work covered by this Agreement shall be in Tom Green County, Texas.

F. 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.

G. Enforcement: This Agreement shall be construed and enforced according to the

laws of the State of Texas.

H. Headings: Titles and paragraphs are for convenient reference and are not a part of

this Agreement.

I. No Waiver: 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.

J. Governing Laws: 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 the 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.

K. Applicable Law: This Agreement and the Contract Documents are subject to all

applicable federal and state laws, statutes, codes, rules and regulations and local ordinances,

rules and regulations.


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

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

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

regulations, upon thirty (30) days notice.

29. ENTIRE CONTRACT: 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.

30. REAFFIRMATION OF REPRESENTATIONS: Contractor hereby reaffirms all of

the representations contained in RFB No. CH-01-13.

[Signature Page to Follow]


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.

.

CONTRACTOR: By: ATTEST: ________________, _____________ ________________________________ (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)


CONTRACT FOR PROJECT BETWEEN CITY OF SAN ANGELO & _____

RFB No. CH-01-13

Approved as to Content: Approved as to Form: ______________________________ Robert Bluthardt, Fort Concho Manager Lysia H. Bowling, City Attorney Approved as to Content: Approved as to Insurance Requirements: Roger Banks, Purchasing Manager John Seaton, Risk Manager




3. GENERAL CONDITIONS

3.0. General Conditions The conditions contained herein are generally applicable to the Work described. Contractor and Owner agree to interpret and enforce the terms and conditions contained within this section only insofar as they are applicable to the Work.

3.0.1. Definitions Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof: Agreement The written agreement between the Owner and the Contractor covering the Work to be performed, including the Request for Bid, the Contractor’s Bid, and the Bonds. Architect The “Architect” shall be the Owner or any individual, partnership, firm or corporation duly authorized by Owner to be responsible for the architectural aspects of the Work. Award The acceptance, by the Owner, of the successful Bidder’s Bid. Bid The written offer of the Bidder setting forth the prices to perform the contemplated Work and furnish the necessary labor, Equipment, Materials and other incidentals necessary to perform the contemplated Work in accordance with the provisions of the Plans and Specifications. Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. Bond(s) The approved form(s)of security furnished by the Contractor and his/her surety in accordance with the terms set forth in the Bid and as may otherwise be requested of the Contractor in the Contract Documents. Calendar Day A "Calendar Day" is any day of the week or month, no days being excepted. Change Order A written order to the Contractor signed by the Owner covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. Contract Documents The Agreement, Plans, Specifications, Drawings, and Field Changes, or any related addenda to the Agreement, Supplemental Agreement(s), Plans, Specifications, or Field Changes. Contract Price The total monies payable to the Contractor under the Contract Documents. Contract Time The number of calendar days or completion date stated in the Contract for the completion of the Work. Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work who act as directly or through lawful agents or employees to complete the Work. Engineer The "Engineer" shall be the Owner or any individual, partnership, firm or corporation duly authorized by the Owner to be responsible for the engineering aspects of the Work. Equipment All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and


apparatus necessary for the proper construction and acceptable completion of the Work. Extra Work An item of work not provided for in the Contract Documents as previously modified by Change Order or Supplemental Agreement, but which is found by the Owner to be necessary to complete the Work within the intended scope of the Contract Documents as previously modified. Field Change A Field Change may be issued in the form of:

(a) A written amendment of the Contract Documents signed by both parties, (b) A Change Order, (c) A written clarification or interpretation issued by the, or (d) A written order for a minor change or alteration in the Work issued by the Owner

A Field Change may only be issued after execution of the Agreement. Field Order A written order issued by the Owner which clarifies or interprets the Contract Documents or minor changes in the Work. Materials Any substance specified for use in the construction of the Work. Owner A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed. For this Agreement, the "Owner" is the City of San Angelo. Partial Payment Estimate A form detailing the amount of Work done to date and covering previous payments, retainage, etc. This estimate is usually issued on a monthly basis. Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the Work to be done and which are to be considered as a part of the Contract Documents, supplementary to the Specifications. Project All duties and Work to be performed as provided in the Contract Documents. Resident Project Representative The "Resident Project Representative" shall be the Owner or any individual, partnership, firm or corporation duly authorized by the Owner who is assigned to the Project, or any part thereof, and who shall be responsible for observing the progress and quality of the Work, or any portion of the Work, on the behalf of the Owner. Shop Drawings All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor which illustrate the Equipment, Material, or some portion of the Work. Specifications A part of the Contract Documents containing the written directions and requirements for completing the Work. Standards for specifying materials or testing which are cited in the Contract Documents by reference shall have the same force and effect as if included in the Contract Documents physically.


Subcontractor An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Substantial Completion The date as certified by the Owner, when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended. Supplemental Agreement A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the Agreement as awarded or (2) work that is not within the scope of the Contract Documents. Work Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the Contractor under the Contract Documents, including the furnishing of all labor, Materials, Equipment, and other incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the Contract Documents. Work Day A "Work Day" is defined as a calendar day excluding Saturdays, Sundays, and legal holidays authorized in the list prepared for the City of San Angelo for use of its employees, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal units of work underway for a continuous period of not less than 7 hours between 8:00 a.m. and 5:00 p.m. Work Week The "Work Week" shall consist of a period of seven (7) successive calendar days to begin and end as specified by the Contractor.

3.0.2. Notice to Proceed and the Preconstruction Conference No work shall be performed until issuance of a written notice to proceed by the Owner. The Notice to Proceed shall be issued only upon completion of the Preconstruction Meeting and all related requirements as provided are complete.

3.0.3. Ownership, Copies of Documents, and Record Documents All Specifications, Plans, and copies thereof furnished by the Owner shall remain the property of the Owner. They shall not be used on another project.

The Contractor will keep one record copy of all Specifications, Plans, Field Changes, Shop Drawings, and any addenda thereto at the site in good order and annotated to show all changes made during the construction process. These shall be available to the Owner and shall be delivered to the Owner upon completion of the Project.

3.0.4. Cooperation Between Contractors When separate contracts are let within the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. The Contractor will afford the other contractors who are parties to such direct contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. If any part of the Contractor's Work depends upon the work of any such other contractor or the Owner for proper execution or results, the Contractor will inspect the work and promptly report any defects or deficiencies in writing to the Owner. Failure to make such a report shall constitute an acceptance of the other work as fit and proper for the Work, except as to defects and deficiencies which may appear in the other work after the execution of his Work.

The Contractor will do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. The Contractor will not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the Owner.

Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Agreement with Owner and shall protect and hold harmless the Owner from any and all damages or claims that may


arise because of inconvenience, delays, or loss experienced by the Contractor because of the presence and operations of other contractors working within the limits of the same project.

If the performance of additional work by other contractors or the Owner is not noted in the Contract Documents prior to the Award of the Agreement, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided for herein.

3.0.5. Subcontracts The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the Owner may have objection, nor will the Contractor be required to employ any Subcontractor against whom he has objection.

The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner or any obligation on the part of the Owner to pay or to see to the payment of any moneys due any Subcontractor, except as may otherwise be required by law. The Owner may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done.

3.0.6. Patent Fees and Royalties The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process, or device which is the subject of patent right or copyrights held by others.

CONTRACTOR WILL INDEMNIFY AND HOLD HARMLESS THE OWNER AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE OWNER FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING OUT OF ANY INFRINGEMENT OF SUCH RIGHTS DURING OR AFTER COMPLETION OF THE WORK, AND SHALL DEFEND ALL SUCH CLAIMS IN CONNECTION WITH ANY ALLEGED INFRINGEMENT OF SUCH RIGHTS.

3.0.7. Permits, Laws, Taxes, and Regulations The Contractor will secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for the prosecution of the Work. The Contractor will give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If the Contractor observes that the Specifications or Plans are at variance therewith, he will give prompt written notice thereof to the Owner and any necessary changes shall be adjusted by an appropriate Field Change. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to the Owner, he will bear all costs arising therefrom.

The Contractor will pay all sales, consumer, and other similar taxes required by the law of the place where the Work is to be performed, or of the place from which any portion of the Equipment or Materials is obtained.

3.0.8. Availability of Lands The Owner will provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the Owner's furnishing these lands or providing such easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided herein. The Contractor will provide all additional lands and access thereto that may be required for temporary construction facilities or storage of Materials and Equipment.

3.0.9. Use of Premises The Contractor will confine his equipment, the storage of materials and equipment, and the operations of his workers to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

3.0.10. Owner's Status During Construction All instructions of the Owner, or its duly appointed representative, to the Contractor shall be issued directly to the Contractor.

The Owner will make periodic visits to the site to observe the progress and quality of the executed Work and


to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The efforts of the Owner will be directed toward providing assurance that the completed Project will conform to the requirements of the Contract Documents, but Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. On the basis of on-site observations, the Owner, or its duly appointed representative, will keep informed of the progress of the Work and will endeavor to guard it against defect and deficiencies.

The Owner will have authority to disapprove of or reject Work which is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test, or approval set forth herein. The Owner will also have authority to require special inspection or testing of the Work as provided herein, whether or not the Work is fabricated, installed, or completed.

Neither the Owner's authority to act under this subsection, nor any decision made by him in good faith, either to exercise or not exercise such authority, shall give rise to any duty or responsibility of the Owner to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work.

3.0.11. Owner's Interpretations and Decisions The Owner will issue with reasonable promptness such clarifications or interpretations (in the form of drawings or otherwise) as may be determined necessary for the proper execution of the Work, such clarifications and interpretations to be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided herein. The Owner will be the interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder.

3.0.12. Shop Drawings and Samples After checking and verifying all field measurements, the Contractor will submit five (5) copies of all Shop Drawings to the Owner. The Shop Drawings shall have been checked and stamped with the approval of the Contractor and otherwise identified as required by the Owner. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like. The Contractor will also submit to the Owner for his file, all samples required by the Contract Documents. All samples will have been checked and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers, and the use for which it is intended.

At the time of each submission, the Contractor will provide written notification to the Owner concerning any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. The Owner will review the Shop Drawings and samples, but this review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.

No Work requiring a Shop Drawing or sample submission shall be initiated until the submission has been delivered to the Owner. The review of Shop Drawings or samples by the Owner shall not relieve the Contractor from his responsibility for any deviations at the time of submission unless the Owner has given written approval to the specific deviation, nor shall any review or approval by the Owner, relieve the Contractor from responsibility for errors or omissions in the Shop Drawings.

3.0.13. Tests and Inspections Required by Law If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any Work to be inspected, tested, or approved by someone other than the Owner, the Contractor will give prompt and timely notice of readiness to the Owner. The Contractor will furnish the required certificates of inspection, testing, or approval to the Owner. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any such Work required to be inspected, tested, or approved is covered up without written approval or consent of the Owner, it must be uncovered for observation at the Contractor's expense, if so directed by the Owner. The costs directly attributable to such uncovering, exposure, observation, inspection, testing, approvals and reconstruction shall be borne in full by the Contractor.

Any Work which fails to meet the requirements of any such test, inspection, or approval, and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective.

Observations by the Owner shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents.


3.0.14. Contractor's Supervision and Superintendence The Contractor will supervise and direct the Work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, safety, sequences, and procedures of construction. Before undertaking the Work, he will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. He will immediately file a written report to the Owner concerning any conflict, error, or discrepancy which he may discover. The Contractor will be responsible for seeing that the finished Work complies accurately with the Contract Documents. The Contractor shall give constant attention to the Work to facilitate the progress thereof, and he shall cooperate with the Owner and its authorized representatives, including, but not limited to, the Engineer, Resident Project Representative, inspectors, and with other Contractors in every way possible.

The Contractor shall have a competent superintendent on the Work at all times who is fully authorized as his/her agent on the Work. All communications given to the superintendent shall be as binding as if given to the Contractor. The Contractor, or his superintendent, shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Owner or its authorized representative.

The Contractor will provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order among his employees at the site.

3.0.15. Safety and Protection The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He will take all necessary safety precautions and will provide the necessary protection to prevent damage, injury, or loss to:

(a) all employees on the Work and other persons who may be affected thereby,

(b) all Work and all Materials or Equipment to be incorporated into the Work, whether in storage on or off the site, and

(c) other property at the site or adjacent thereto, including but not limited to shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

The Contractor will erect and maintain all necessary safeguards as required by the conditions and progress of the Work, including posting danger signs and other warnings against hazards and promulgating safety regulations. He will notify Owners of adjacent utilities, in writing, when prosecution of the Work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the prosecution of the Work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury, or loss to any person or property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor. The Contractor shall comply with the requirements of the Occupational Safety Standards and any other applicable standards that may be set forth by federal, state, municipal, or any other governmental or regulatory agency.

The Contractor will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner.

In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He will give the Owner prompt written notice of any significant changes in the Work or deviations involved. If the Contractor believes additional emergency work by him, which arose from causes beyond his control, entitles him to an increase in the Contract Price or an extension of the Contract Time he may make a claim therefore as provided herein.

3.0.16. Access to the Work and Uncovering Finished Work The Owner and his representatives will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

If any Work is covered contrary to the request of the Owner, it must be uncovered for observation and replaced at the Contractor's expense, if requested by the Owner.


If any Work has been covered which the Owner has not specifically requested to observe prior to its being covered, or if the Owner considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Owner's request, will uncover, expose, or otherwise make available for observation, inspection or testing that portion of the Work in question. The Contractor will furnish all necessary labor, material, and equipment.

If it is found that such Work is defective or does not meet the requirements of the Contract Documents, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection, testing, and professional services. An appropriate Change Order shall be issued deducting all such costs from the Contract Price. If, however, such Work is found not to be defective and meets the requirements of the Contract Documents, the Contractor may request and will be granted an increase in the Contract Price or extension of the Contract Time as compensation, but only for the amount or time directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction.

3.0.17. Changes in the Work Without invalidating the Agreement, the Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work as may be necessary or desirable to complete the work originally intended in an acceptable manner. These alterations that are for work within the general scope of the Contract Documents shall be covered by Change Orders issued by the Owner. Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents and as directed by the Owner. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as described herein.

The Owner may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the Contractor believes that any minor change or alteration authorized by the Owner entitles him to an increase in the Contract Price, he may make a claim.

Department Directors by approve Change Orders less than $25,000, the City Manger may approve Change Orders less than $50,000 and the City Council must approve all Change Orders $50,000 and greater. No work associated with a Change Order may commence until written approval has been obtained. No contract may be increased by more than 25% of the original value. Commencing work without obtaining proper approvals shall be at the risk of the contractor. Additional work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided herein.

The Owner will execute any appropriate Change Order covering changes in the Work the Owner determines to be reasonably necessary.

3.0.18. Changes of Contract Price The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price.

The Contract Price may only be authorized by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an increase in the Contract Price, his claim shall be made in writing and delivered to the Owner within 15 days of the occurrence of the event-giving rise to the claim.

The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined by the Owner in one of the following ways:

(a) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved.

(b) By mutual acceptance of a lump sum.

(c) By cost and a mutually acceptable fixed amount for overhead and profit, or

(d) If required by the Owner, the Contractor shall submit an itemized cost breakdown together with supporting data.


The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease as determined by the Owner. When both additions and credits are involved in any one change, the approved overhead and profit shall be figured based on the net increase, if any.

3.0.19. Extra Work Should acceptable completion of the Work require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract Documents or previously issued Change Orders or supplemental agreements, then same shall be called “Extra Work”. Extra Work that is within the general scope of the Contract shall be covered by written Change Order. Change Orders for such Extra work shall contain agreed unit prices for performing the Change Order work in accordance with the requirements specified in the Change Order, and shall contain any adjustment to the Contract Time that, in the Owner’s opinion, is necessary for completion of such Extra Work.

Extra Work that is necessary for acceptable completion of the Project, but is not within the general scope of the Work covered by the original Contract Documents shall be covered by a “Supplemental Agreement”. Any claim for payment of Extra Work that is not covered by written agreement (Change Order or Supplemental Agreement) shall be rejected by the Owner.

3.0.20. Unauthorized Work

WORK DONE CONTRARY TO THE INSTRUCTIONS OF THE OWNER, WORK DONE BEYOND THE LINES SHOWN OR AS GIVEN IN THE CONTRACT DOCUMENTS, OR ANY EXTRA WORK DONE WITHOUT AUTHORITY, WILL BE CONSIDERED AS UNAUTHORIZED AND WILL NOT BE PAID FOR UNDER THE PROVISIONS OF THE AGREEMENT. WORK SO DONE MAY BE ORDERED REMOVED OR REPLACED AT THE CONTRACTOR’S EXPENSE.

3.0.21. Neglected Work If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents and progress schedule, the Owner, after three (3) days written notice to the Contractor, may make good such deficiencies, and the cost thereof including compensation for additional professional services shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents and including an appropriate reduction in the Contract Price. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the Owner.

3.0.22. Conformity with Contract Documents All Work, Materials, and Equipment furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contract Documents.

If the Owner finds the Materials or Equipment furnished, Work performed, or the finished product not within reasonably close conformity with the Contract Documents but that the portion of the Work affected will, in Owner’s opinion, result in a finished product having an acceptable level of safety, economy, durability, and workmanship, the Owner shall determine, in its sole discretion, whether the affected Work will be accepted and remain in place. The Owner will determine the basis of acceptance and will provide for an adjustment in the Contract Price for the affected portion of the Work. The Owner’s determination and recommended Contract Price adjustments will be based on good engineering judgment and such tests or retests as are, in Owner’s opinion, needed. Changes in the Contract Price shall be covered by a Change Order or Supplemental Agreement as applicable.

If the Owner finds the Materials and Equipment furnished, Work performed, or the finished product are not in reasonably close conformity with the Contract Documents and have resulted in an unacceptable finished product, the affected Work, Materials or Equipment shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Owner’s written orders.

For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the Work in strict compliance with the requirements of the Contract Documents.

3.0.23. Change of Contract Time The Contract Time may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an extension in the Contract Time, his claim shall be in writing delivered to the Owner within ten (10) days of the occurrence of the event-giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the Owner. Any change in the Contract Time


resulting from any such claim shall be incorporated in a Change Order.

The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the Owner, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

Time limits stated in the Contract Documents are the essence of the Agreement. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either the Contractor or the Owner.

3.0.24. Warranty and Guarantee Regarding Defective Work The Contractor warrants and guarantees to the Owner that all Materials or Equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, test, or approvals referred to herein. All unsatisfactory or faulty Work and all Work not conforming to the requirements of the Contract Documents or of such inspections, tests, or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected.

If required by the Owner prior to approval of final payment, the Contractor will promptly, without cost to the Owner, either correct any defective Work, whether or not fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If the Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, as required by written notice from the Owner, the Owner may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services shall be paid by the Contractor, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. The Contractor will also bear the expenses of making good all work of others destroyed or damaged by his correction, removal, or replacement of his defective Work.

Prior to the expiration of one (1) year after the date of Substantial Completion (or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents), if any Work is found to be defective, the Contractor will, promptly without cost to the Owner and in accordance with the Owner's written instruction, either correct such defective Work, or, if it has been rejected by the Owner, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, the Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, will be paid by the Contractor. In such case, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after approval of final payment, an appropriate amount shall be paid by the Contractor.

3.0.25. Waivers of Claims and Continuing Obligations The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by the Owner, nor the issuance of a certificate of Substantial Completion, nor any payment by the Owner to the Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any correction of faulty or defective Work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents.

The Acceptance of Final Payment by the Contractor shall constitute a waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled.

3.0.26. Owner's Right to Stop or Suspend Work The Owner may order the Contractor to stop the Work, or any portion thereof, if the Work is defective, the Contractor fails to supply sufficient skilled workmen or suitable Materials or Equipment or to provide adequate supervision, or if the Contractor fails to make prompt payment to Subcontractors or for labor, Materials or Equipment or for any other similar cause when necessary to protect the integrity of the Work. The Owner may suspend the Work until the cause for the order has been eliminated. No additional Contract Time and no increase in Contract Price will be awarded in this case.

The Owner may, at any time and without fault of the Contractor, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and the Owner shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time directly


attributable to any suspension if he makes a claim therefore as provided herein.

3.0.27. Owner's Right to Terminate Owner may, by written notice, terminate this contract in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract shall be delivered to the Owner.

(a) If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.

(b) If the termination is due to failure to fulfill the contractor's obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby.

(c) If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor has not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided in subsection (a) of this clause.

(d) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

3.0.28. Contractor's Right to Stop Work or Terminate If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days, or the Owner fails to act as directed in the Contract Documents or fails to pay the Contractor any authorized amount, then the Contractor may, upon seven (7) days written notice to the Owner, terminate the Agreement and recover from the Owner payment for all Work executed, reasonable expenses and profit. In lieu of terminating the Agreement, if the Owner has acted in the previously mentioned manner, the Contractor may upon seven (7) days notice to the Owner stop the Work until he has been paid all amounts then due.

3.0.29. Assignment and Subletting The Contractor agrees to retain personal control and will give personal attention to the fulfillment of this Agreement and will not sublet or assign, by power of attorney or otherwise, said Agreement without the written consent of the Owner. No part or feature of the Work will be sublet to anyone objectionable to the Owner. The subletting of any portion or feature of the Work, or Materials required in the performance of this Agreement, shall not relieve the Contractor from full obligation to the Owner.

3.0.30. Abandonment by Contractor In case the Contractor should abandon the Work and fail or refuse to resume the Work within ten (10) days after written notification from the Owner or if the Contractor fails to comply with the orders of the Owner, when such orders are consistent with the Contract Documents, then, where performance and payment bonds exist, the Surety on the Bonds shall be notified in writing and directed to complete the Work, and a copy of said notice shall be delivered to the Contractor.

After receiving said notice of abandonment, the Contractor shall not remove from the Work any machinery, Equipment, tools, Materials, or supplies then on the job, but the same, together with any Materials and Equipment under contract for the Work, may be held for use on the Work by the Owner or the Surety on the performance and payment bonds, or another Contractor in completion of the Work, and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided in this Agreement), it being understood that the use of such Equipment and Materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no performance and payment bond provided or in case the Surety should fail to commence compliance with the notice for completion provided for, within ten (10) days after service of such notice, the Owner may provide for completion of the Work in either of the following elective manners:

(a) The Owner may employ such labor and use such Equipment, tools, Materials, and supplies as the Owner deems necessary to complete the Work and charge the expense of such labor, machinery, Equipment, tools, Materials and supplies to the Contractor. The expense(s) so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter become due by virtue of this Agreement. In case such expense is less than the sum which would have been due had the Work been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement, then the Contractor or his Surety shall pay the amount of such excess to the Owner;


Or

(b) The Owner may let the Agreement for the completion of the Work under substantially the same terms and conditions provided for in this Agreement. In case of any increase in cost to the Owner under the new agreement, such increase shall be charged to the Contractor and the Surety. However, should the cost to complete be less, the Contractor and his Surety shall be credited with the difference. When the Work shall have been Substantially Completed a complete itemized statement of the contract amounts certified to by the Owner, shall be prepared, and delivered to the Contractor and his Surety, whereupon the Contractor or his Surety shall pay the balance due if any within fifteen (15) days of the date of such Certificate of Completion.

In the event the statement of accounts shows that the cost to complete the Work is less than the Contract Price; or when the Contractor or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, Equipment, tools, Materials or supplies left on the site of the Work shall be turned over to the Contractor or his Surety. Should the cost to complete the Work exceed the Contract Price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the Work, notice, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety. Such property shall be held at the risk of the Contractor and his Surety. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the Work and belong to persons other than the Contractor or his Surety, to their proper Owners.

3.0.31. Abandonment by Owner In case the Owner shall fail to comply with the terms of this Agreement, and should fail or refuse to comply with said terms after the expiration of ten (10) days of receipt of written notification, the Contractor may suspend or wholly abandon the Work, and may remove there from all machinery, tools, and equipment, and all materials that have not been included in payments to the Contractor and have not been wrought into the Work. Thereupon, the Owner shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all Work actually completed (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Agreement, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole Work to completion and which cannot be utilized. The Owner shall then make final statement of the balance due by deducting from the above estimate all previous payments, and all other sums that may be retained by the Owner. Owner shall pay on or before thirty (30) days after the date of notification the balance shown by said final statement as due.

3.1. Worker’s Compensation Insurance Requirements

3.1.1. Definitions Certificate of Coverage ("Certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project.

Duration of the Project - includes the time from the beginning of the work on the Project until the Contractor's/person/s work on the Project has been completed and accepted by the Owner. Persons providing services on the Project ("Subcontractor" in Texas Labor Code, Section 406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractor, Subcontractors, leasing companies, motor carriers, Owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering Equipment or Materials, or providing labor, transportation, or other service related to a Project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3.1.2. Workers’ Compensation Insurance Coverage The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, meeting the statutory requirements of Texas Workers’ Compensation Act, Title 5 Subchapter A of the Texas Labor Code for all employees of the Contractor


providing services on the Project, for the duration of the Project.

A. The Contractor must provide a certificate of coverage to the Owner prior to issuance of Notice to Proceed.

B. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner showing that coverage has been extended.

C. The Contractor shall obtain from each person or entity providing services on a Project, and provide to the Owner:

(1) a certificate of coverage, prior to that person beginning work on the Project, so the Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and

(2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project.

D. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter.

E. The Contractor shall notify the Owner in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project.

F. The Contractor shall post on each Project site a notice, in the text, form and manner prescribed by the Division of Workers’ Compensation, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

G. By providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of self-insured, with the Division of Self-insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

H. The Contractor's failure to comply with any of these provisions is a breach of contract which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach.

3.1.3. Failure to Maintain Adequate Insurance Coverage In the event that Owner learns that Contractor has workers (whether employees, volunteers or contract labor) present at the site or working in any manner on this Project who are not covered at all times by the required coverages for workers’ compensation, Contractor shall be assessed a penalty of $500.00 per day, per worker, until Contractor provides a certificate of coverage which documents the required coverage for such workers. Contractor shall further immediately remove any such workers from the job site.

In the event that Owner learns that Contractor has failed to maintain any of the insurance coverages required herein such failure to maintain required coverage shall be taken into account in determining whether Contractor is a responsible bidder for purposes of future proposals made on projects let by Owner. The foregoing remedies shall be in addition to and not in lieu of any other remedies available at law or in equity to Owner.

3.2. Contract Measurement and Payment

3.2.1. Quantities and Measurements No extra or customary measurements of any kind will be allowed, but only the actual measured or computed length, area, solid contents, number, and weight shall be considered, unless otherwise specifically provided.


3.2.2. Estimated Quantities The Contract Documents are intended to show clearly all Work to be done and Material and Equipment to be furnished hereunder. Where the evaluation quantities are shown for the various classes of the Work, they are to be used only as a basis for comparing the proposals offered for the Work. It is understood and agreed that the actual amount of the Work to be done and Material and Equipment to be furnished under the Project Agreement will not be reflected by these evaluation quantities. The basis for payment shall be for the actual amount of the Work done and the Material and Equipment furnished under the terms contained within the Project Agreement. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, or anticipated profits on account of any differences which may be found between the quantities of the Work actually done, the Material and Equipment actually furnished under the Project Agreement and the evaluation quantities provided.

3.2.3. Price of Work In consideration of the furnishing of all the necessary labor, Equipment, and Material, and the completion of all Work by the Contractor, and on the completion of all Work and of the delivery of all Material and Equipment embraced in this Agreement in full conformity with the Specifications and stipulations contained within the Contract Documents, the Owner agrees to pay the Contractor the prices set forth in the Bid hereto attached, which has been made a part of this Agreement. The Contractor hereby agrees to receive such prices in full for furnishing all Material, Equipment and all labor required for the aforesaid Work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement and the Contract Documents. The unit prices provided in the Bid shall be the actual unit price for each item when considering the cost of providing all labor, material, equipment, resources, and profit to be recovered by the Contractor for such Work and without consideration of association with any other item of Work.

3.2.4. Partial Payment Estimates The Contractor shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction.

3.2.4.1. Deadline On or before the 10th day of each month the Contractor shall prepare a statement showing as completely as practicable the total value of the Work done by the Contractor up to and including the last day of the preceding month. The statement shall be deemed complete and received once all corrections to the Work required by Owner, if any, have been made. The Owner shall submit a recommendation for approval upon completion of all corrections. Failure by the Owner to note corrections prior to payment does not constitute acceptance of the Work nor waive any remedy provided for in the Contract Documents or under law.

3.2.4.2. Payment The Owner shall pay the total amount of the Contractor's statement to the Contractor on or before the 25th day of the then current month, less all previous payments and all further sums that may be retained, withheld, or delayed by the Owner under the terms of this Agreement.

3.2.4.3. Warranty of Title The Contractor warrants and guarantees that clear ownership title to all Work, Materials, and Equipment covered by a Partial Payment Estimate, whether incorporated in the Project or not, will have passed to the Owner prior to making the Partial Payment Estimate free and clear of all liens, claims, security interests, and encumbrances (hereinafter in these General Conditions referred to as "Liens"); and that no Work, Materials, or Equipment covered by a Partial Payment Estimate will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Project subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.

Partial payment retainage by the Owner shall be at the maximum rate prescribed by the laws, rules, or regulations established by the State of Texas and shall in no case exceed five percent (5%).

3.2.5. Approval of Payments The Partial Pay Estimate shall be based on on-site observations of the Work in progress, and shall verify that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent test called for in the Contract Documents and any qualifications stated in the approval); and that the Contractor is entitled to payment of the amount approved. However, by such payment, the Owner shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has


reviewed the means, methods, techniques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Price.

The Owner may nullify any such payment previously requested to such extent as may be necessary to provide protection from loss because:

(a) the Work is defective, neglected, or omitted,

(b) claims have been filed or there is reasonable evidence indicating the probable filing thereof,

(c) the Contract Price has been reduced because of Change Orders or Field Changes,

(d) the Owner has been required to correct defective Work or complete neglected Work.

(e) unsatisfactory prosecution of the Work, including failure to clean up as required herein.

(f) material installation has not been tested as required by the terms of the Contract Documents. 3.2.6. Substantial Completion Prior to final payment, the Contractor may provide the Owner with written certification that the entire Project is substantially complete and request that the Owner issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Owner and Contractor will make an inspection of the Project to determine the status of completion.

If the Owner does not consider the Project substantially complete, the Contractor will be notified in writing of the reasons.

If the Owner does consider the Project substantially complete, he will prepare a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between the Owner and the Contractor for maintenance, etc. Attached to the certificate, there shall be a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time.

The Owner shall have the right to exclude the Contractor from the Project after the date of Substantial Completion, but the Owner will allow the Contractor reasonable access to complete or correct items on the tentative list.

3.2.7. Partial Utilization Prior to final payment, the Owner shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the time for completing the entire Work of such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the Work, the Contractor may request in writing, in accordance with the process set forth in these General Conditions, an increase in the Contract Price or extension of the Contract Time, or both as the Owner may determine to be reasonable.

3.2.8. Final Payment Upon written notice from the Contractor that the Project is complete, the Owner and the Contractor will make a final inspection, and the Owner will notify the Contractor in writing of any particulars in which this inspection reveals that the Work is defective. The Contractor shall immediately make such corrections as are necessary to remedy such defects.

After the Contractor has completed any such corrections to the satisfaction of the Owner and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents, he may request final payment. The final estimate shall be accompanied by such supporting data as the labor and services performed and the material and equipment furnished. In lieu thereof and as approved by the Owner, the Contractor may furnish receipts or releases in full, including an affidavit of the Contractor showing that releases and receipts for all labor, services, Material, and Equipment for which a Lien could be connected with the Work have been paid or otherwise satisfied; and showing consent of the surety, if any, to final payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the Owner in an amount sufficient to cover any Lien.

If, on the basis of observation and review of the Work during construction and the final inspection, the Owner is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the


Contract Documents the Owner will issue written approval and the final estimate will be processed for payment. Otherwise, the Owner will indicate in writing his reasons for refusing to issue payment of the final estimate.

If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor, the Owner shall make payment of the balance due for that portion of the Work fully completed and accepted if the remaining balance for Work not fully completed or corrected is less than the retainage, and, if Bonds have been furnished in accordance with the Contract Documents, the written consent of the surety to the payment of the balance due shall be submitted to the Owner. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

3.2.9. Payments Withheld The Owner may, because of subsequently discovered evidence, withhold or nullify payment to such extent as may be necessary for protection from loss because of:

(a) Defective Work not remedied.

(b) Claims filed or reasonable evidence that the filing of a claim is likely.

(c) Failure of the Contractor to make payments properly to sub-contractors for Material, Equipment or labor.

(d) Damage to another Contractor.

(e) Failure to carry out testing of material installation, if required.

When the above grounds are removed, or the Contractor provides a Surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made.

3.2.10. Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any statement when payment is due, or should the Owner fail to issue any statement on or before the date required, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest at the rate of six (6%) percent per annum until fully paid. Payment of interest on the amount owed shall fully liquidate any injury to the Contractor growing out of such delay in payment. The right is expressly reserved to the Contractor in the event payments are not promptly made to treat the Agreement as abandoned and recover compensation unless such payments are withheld as otherwise authorized in the Contract Documents.

3.3. Project Requirements

3.3.1. Line and Grade Lines and grades for construction are as directed in the Contract Documents. Any questions, alterations, or adjustments must be directed through the Owner.

3.3.2. Working Day Work on the site shall be done only during the Work Day, except for emergencies or as otherwise approved by the Owner. This Agreement is established with the intent that no Work shall be permitted on weekends or legal holidays except in cases of extreme emergency and then only with the written permission of the Owner.

3.3.3. Character of Employees The Contractor agrees to employ only orderly and competent employees, skillful in the performance of the type of Work required under this Agreement, to do the Work; and agrees that whenever the Owner shall inform the Contractor in writing that any employee or employees are, in its opinion, incompetent or disorderly, such employee or employees shall be discharged from the Work and shall not again be employed on the Work without the written consent of the Owner.

3.3.4. Physical and Subsurface Conditions The Contractor will promptly notify the Owner in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. The Owner will promptly investigate those conditions and determine if further surveys or subsurface tests are necessary. Promptly thereafter, the Owner will obtain the necessary additional surveys and tests and furnish copies to the Contractor. If the Owner finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the Contract Documents, a Change Order shall be issued


incorporating the necessary revisions.

3.3.5. Reference Points The Owner will establish such general reference points as will enable the Contractor to proceed with the Work. The Contractor will be responsible for the layout of the Work, will protect and preserve the established reference points, and will make no changes or relocations without the prior written approval of the Owner. He will report to the Owner whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points so lost, destroyed, or moved. All utilities shown on drawings are schematic only. The Contractor is solely responsible for verification of existence and location of all utilities within the Project site prior to construction.

3.4. Materials

3.4.1. Materials and Equipment The Contractor shall furnish and pay for all labor, Materials, Equipment, tools, transportation, construction equipment, fuel, power, light, heat, telephone, water, sanitary facilities, and all other incidentals required to complete the Work in accordance with the Contract Documents. All Materials and Equipment used in the construction of the Work shall conform fully to the Contract Documents and be approved by the Owner. Any Materials or Equipment placed before approval of the Owner shall be removed, if directed by the Owner, and replaced with approved Materials or Equipment, at the expense of the Contractor.

If required the Contractor will furnish satisfactory evidence as to the kind and quality of Materials and Equipment to be used. If authorized by Owner, the Contractor may use a substitute that is equal to any Material or Equipment specified. No substitute shall be ordered or installed without the written approval of the Owner.

All Materials and Equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise specifically provided in the Contract Documents. The Contractor shall provide start-up services for all major equipment.

3.4.2. Right of the Owner to Modify Equipment and/or Methods If at any time the methods or Equipment used by the Contractor are found to be inadequate to secure the quality of Work or the rate of progress required under this Agreement, or the working force of the Contractor is inadequate for securing the progress herein specified, the Owner may order the Contractor in writing to improve their character and efficiency, or to increase force or Equipment or both, and the Contractor shall comply with such order. Such authority of the Owner, however, is for the sole benefit of the Owner in order to secure completion in conformity with this Agreement. It shall remain the sole duty and responsibility of the Contractor to take adequate precautions in his operation for the safety of persons and property. No failure of the Owner to notify the Contractor of deficient or negligent methods or Equipment shall excuse or relieve the Contractor of sole liability for damage to the property or improvements of the Owner because of his neglect or omission.

3.4.3. Owner Furnished Materials The Contractor shall furnish all Materials required to complete the Work, except those specified herein (if any) to be furnished by the Owner. Owner-furnished Materials shall be made available to the Contractor at the location specified in the Contract Documents. All costs of handling, transportation from the specified location to the site of Work, storage, and installing Owner furnished Materials shall be included in the unit price bid for the contract item in which such Owner-furnished Material is used.

After any Owner furnished Material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished Material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished Materials.

3.4.4. Material Storage Materials shall be so stored as to assure the preservation of their quality and fitness for the Work. When considered necessary by the Owner, Materials shall be placed on wooden platforms or other hard, clean, and dry surfaces and not in contact with the ground, and shall be placed under cover. Stored materials, even though approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Owner or its Resident Project Representative. Materials to be stored on the site of the Work shall not create an obstruction to the public, nor shall they interfere with the free and unobstructed


movement of vehicular traffic associated with the site. The storage of the Materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the Owner or its representative. Private property shall not be used for storage purposes without written permission of the Owner. The Contractor shall make all arrangements and bear all expenses for the storage of Materials on private property.

All storage sites shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to by the Owner.

3.4.5. Sources of Supply and Quality of Materials The source of supply of each of the Materials shall be approved by the Owner before delivery is started and may be sampled and tested to determine compliance with the specifications before delivery is started. If it is found that sources of supply previously approved do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the Contractor shall furnish Materials from other approved sources. Only Materials conforming to the requirements of the Contract Documents and approved by the Owner shall be used in the Work. No material which after approval has in any way become unfit for use shall be incorporated in the Work.

Throughout the specifications where reference is made to ASTM, AASHTO, or bulletins of the Texas Department of Transportation for the quality of Materials or sampling and testing, the latest standard, tentative standard, or bulletin issued prior to the date of the proposal shall govern.

3.4.6. Samples and Tests All Materials shall be inspected, tested, and approved by the Owner, and any Work in which Materials are used without prior test and approval may be ordered removed and replaced at the Contractor's expense. The Contractor shall furnish a complete written statement of the origin, composition, and manufacture of any or all Materials that are to be used in the Work.

3.4.7. Defective Materials All Materials not conforming to the requirements of the Contract Documents will be rejected and shall be removed immediately from the site of the Work. Rejected Materials in which the defects have been subsequently corrected, shall have the status of new Material. Upon failure on the part of the Contractor to comply with the provisions of this item, the Owner will have authority to remove and replace defective Material and to deduct the cost of removal and replacement from any payment due or to become due to the Contractor.

3.5. Project Meetings

3.5.1. Pre-construction Meeting Prior to the commencement of Work at the site, a pre-construction conference will be held with the Owner at a mutually agreed upon time and location. The conference shall be attended by:

Contractor and his superintendent Principal Subcontractors Representatives of principal suppliers and manufacturers as appropriate Representatives of Owner Others as requested by the Contractor or the Owner Unless previously submitted to the Owner, the Contractor shall bring to the conference each of the following:

Material Sources Materials Test Results and Certification List of Equipment to be utilized Description of Procedures and Work Crews

The agenda will include:

Contractor’s tentative schedules Critical Work sequencing Transmittal, review, and distribution of Contactor’s submittals Field decisions and Change Orders Use of premises, office and storage areas, security, housekeeping, and Owner’s needs Major equipment deliveries and priorities Maintaining record documents Processing applications for payment


Contractor’s assignments for safety and first aid

The sequence of operations to be followed shall be prepared by the Contractor for approval by the Owner. The sequence shall meet the job requirements for Completion Time and shall conform to the requirements set forth in the Contract Documents.

3.5.2. Progress Meetings The Contractor shall schedule and hold regular progress meetings at least monthly and at other times as requested by the Owner or required by progress of the Work. The Contractor, the Owner, and all Subcontractors active on the site shall be represented at each meeting. The Contractor may, at his discretion, request attendance by representatives of his suppliers, manufacturers, and other Subcontractors.

The Contractor shall preside at the meetings, provide for keeping of the minutes, and provide the Owner with a copy of the minutes. The purpose of the meetings will be to prepare statements of payment, review the progress of the Work, maintain coordination of efforts, discuss changes in procedures and personnel, and resolve problems.

3.6. Construction Administration

3.6.1. Notices to Owners and Authorities The Contractor shall notify Owners of adjacent property and utilities in writing and sufficiently in advance when prosecution of the Work may affect them. When it is necessary to temporarily deny access by Owners or tenants to their property, or when any utility service connection must be interrupted, the Contractor shall give notices in writing and sufficiently in advance to enable the affected persons to provide for their needs. Notices will conform to any applicable local ordinance, shall be provided in writing, and will include appropriate information concerning the interruption and instructions on how to limit their inconvenience.

3.6.2. Notification of Street Closing Where the Contractor has cause to close a street or thoroughfare for purposes of construction, the Owner shall be provided reasonable advance notice, in writing, prior to such actions for approval and coordination with appropriate agencies.

3.6.3. Detours and Barricading The Contractor shall be responsible for providing barricading for all work areas during the construction of this Project. Unless provided by Owner in the Technical Specifications contained within the contract documents, the Contractor shall prepare and submit a barricading plan to the Owner for Owner’s approval. Owner’s approval shall be for routing and for length of time of barricading only. Plans shall be prepared by a Professional Engineer, Registered in the State of Texas, and show all necessary barricades, signs, etc., required to provide a safe work site. Plans shall be based on the recommendations in the Manual of Uniform Traffic Control Devices for control of traffic in a construction area. It shall be the total responsibility of Contractor to maintain the barricades, lights, signs, and all other items involved in the detouring of traffic.

Contractor shall provide appropriate barricades for use at night, and shall maintain all lighted barricades for the duration of the project. Contractor shall designate an employee who will be responsible for the maintenance of the barricades and lighting system on a twenty four (24) hour basis, and shall provide a phone number where the responsible party can be reached on a twenty four (24) hour basis.

3.6.4. Convenience to Traffic When the Agreement requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor’s performance of the Work, the Contractor shall keep such road, street, or highway open to all traffic as provided herein and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag persons, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets, or highway.

The Contractor shall make his own estimate of all labor, Materials, Equipment, and incidentals necessary for providing the maintenance of vehicular traffic as specified in this subsection. The cost of maintaining vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items.

One-half of the traveled portions of the road must be open to traffic at all times unless otherwise approved by the Owner. Work that will require less than one day to complete shall not be performed on major or


collector streets between 7:00 a.m. to 9:00 a.m., 4:00 p.m. to 6:00 p.m., or other peak congestion periods as determined by the Owner.

3.6.5. Unfavorable Construction Conditions During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operations to Work which will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner.

3.6.6. Cleaning Up The Contractor shall keep the premises free at all times from accumulations of waste materials, rubbish, and other debris resulting from the Work. The Contractor will restore to their original or better condition those portions of the site not designated for alteration by the Contract Documents.

The Contractor shall provide adequate trash receptacles about the work site, and shall promptly empty the containers when filled. Construction materials, such as concrete forms and scaffolding shall be neatly stacked by the Contractor when not in use. The Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids, and cleaning solutions from surfaces to prevent marring or other damage.

Volatile wastes shall be properly stored in approved containers and removed daily. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. All wastes shall be removed from the site and disposed of in a manner complying with local, state, and federal laws. Adequate cleanup will be condition for recommendation of progress payment applications.

Upon completion of the Work and before acceptance and final payment will be made, the Contractor shall remove from and about the site all machinery, equipment, tools, surplus and discarded and waste materials, debris, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition, ready for occupancy by the Owner.

3.6.7. Restoration of Work Site In the event that a work site is closed, the Contractor shall immediately commence operations to restore the Work site to its proper conditions; such work to be completed within twenty-four (24) hours. In the event such restoration is not done, the Owner shall be authorized to take charge of the Work and restore the premises to its proper condition and shall be entitled to recover from the Contractor the actual expenses incurred by the Owner in restoring the premises, including, but not limited to, cost of labor, materials, overhead, rental of any equipment used by the Owner in restoring the site, and attorney's fees for such purposes.

3.6.8. Site Administration The Contractor shall be responsible for all areas of the work site, and all Subcontractors in the performance of the Work. The Contractor will exert full control over the actions of all employees and other persons with respect to the use and reservation of property and existing facilities, except such controls as may be specifically reserved to Owner or others. The Contractor has the right to exclude from the site all persons who have no purpose related to the Work or its inspection, and may require all persons on the site (except the Owner’s employees) to observe the same regulations as he requires of his employees.

3.6.9. Load Restrictions The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the Work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense.

3.6.10. Applicable Codes References in the Contract Documents to local codes mean codes used, required, or adopted by the City of San Angelo, Texas, the State of Texas or the federal government.




4. TECHNICAL SPECIFICATIONS

4.0. General This project will involve removing existing carpet and replacing with either rolled carpet and/or carpet squares and/or wall base in specified locations within the Chase State Office located at 622 South Oakes, San Angelo, Texas. The contractor shall furnish all material, accessories, labor, tools, and equipment necessary for the completion of the job according to the attached specifications.

a. Work Schedules

• Weekdays after 5:00 PM • Weekends • All work schedules must be coordinated with and approved by Dwain Halfmann (656-6265)

b. Construction Conditions Contractor shall examine all surfaces to receive his work, adjacent construction conditions, then notify Project Manager of any conditions or scheduling problems which might affect the proper installation of his work. The commencement of work by the contractor will otherwise be considered acceptance by him of existing conditions. c. Site Preparation

• Remove and replace all of the items as needed in each office/work area to complete the job. For

example, office furniture, office supplies, ceiling tile, ceiling grid, insulation, air conditioning ducts, lights, and any items that may interfere with the project. All items will be stored in designated areas.

• Contract shall provide materials to level and seal floor areas as needed

4.1. Qualifications Of Contractor

Contractor shall be established and recognized, operating as a general contractor installing materials of this type for a period of not less than five (5) years.

4.2. Furniture Moving

Contractor moves and returns to original place all furniture and fixtures as necessary

4.3. Material Delivery And Storage

a. Deliver material with labels intact and legible. b. Store all materials indoors on raised platforms.

c. Immediately remove all wet or damp material from job site.

4.4. Quality Control a. Obtain primary materials from one manufacturer. Secondary materials not available from primary

manufacturer shall be those by primary manufacturer.

4.5. Protection

a. Any work or materials damaged during work shall be restored or replaced. b. Install protective coverings at all walls and floor adjacent prior to starting work.

c. Protection shall remain in place for the duration of the roof framing repair work.

4.6. Clean-Up

a. Remove all debris, scraps, and containers. b. Clean work area and haul off all debris daily.

c. The City of San Angelo will provide a dumpster for trash.

RFB: CH-01-13/Carpet Replacement Page 54 y:\13-rfx\chase building\ch0113 carpet replacement\ch0113 091113.docx

4.7. Inspections

a. Owner and his representative shall at all times have access to work wherever it is in preparation or in progress. Contractor shall provide safe and proper facilities for such access. Owner may maintain an inspector on the job for the purpose of inspecting the materials, method and quality of workmanship, as well as equipment.

b. After work commences, the owners representative will periodically examine the work in-progress as well

as upon completion, to ascertain the all work meets or exceeds the requirements of the specifications.

c. The owner’s representative and shall inform the Owner's representative on a periodic basis of the progress made, quality of workmanship, and any matters he considers to be in violation of contract requirements. He will report any failure or refusal of the contractor to correct unacceptable construction practices

4.8. Specifications for Materials: All products quoted are for the purpose of establishing a bidding standard. Products bid MUST be equivalent or better. If biding using equivalent products, they must be approved by the Project Manger, Dwayne Halfmann, prior to submitting a bid.

a. Carpet: 28 0Z/yd I Loc MB Cambridge Oxford III 8705 Botanical Garden) b. Vinyl Wall Base-Burke Flooring Uni-color (217) charcoal c. Metal transitions required on all doorways d. Carpet Squares Sector 79348 Granite 24 X 24 e. Border: 71 Mid gray

Note: If rolled carpet is used and can match the existing wall base, then base may remain Note: If rolled carpet is used that does not match existing wall base, then existing wall base must be

replaced with vinyl wall base.

4.9. Specifications for Work Contractor is responsible for measuring spaces noted in specifications and bids on their submitted measurements.

4.10. Locations and Estimates

a. Texas Commission on Environmental Quality, one suite, approximately 4000 square feet, with modular

furniture/cubicles.

b. Texas Workers Compensation Office; one suite with multiple offices, a few cubicles of approximately 2000 square feet;

c. Health and Human Services Commission; one suite with multiple offices, 11,000 square feet

d. Texas Rehabilitation Services; one suite with multiple offices and a few cubicles of approximately 1400 square feet

e. Child Protective Services; one suite with multiple offices of approximately 8000 square feet


RFB: CH-01-13/Carpet Replacement-Bid Forms Page 1

1. BID FORMS Submit one (1) unbound original (binder clips are acceptable, one (1) bound copy (staples are acceptable) of all bid submission forms and one (1) copy in PDF format on CD or USB Drive in the order listed below:

1. Bid Proposal 2. Bid Bond 3. Conflict of interest Questionnaire 4. Debarment and Suspension Certification 5. Local Preference Application 6. Vendor Compliance with Reciprocity On Non-Resident Bidders 7. Contractor References 8. Contractor Contact Information Form 9. IRS Form W-9

All submissions are to be in a sealed envelope indicating the business name in top left-hand corner and the bid number in the lower left-hand corner





Bid Proposal RFB NO. CH-01-13/Carpet Replacement Pursuant to the Foregoing Notice to Bidders, the undersigned bidder hereby proposes to do all work and furnish all necessary superintendence, labor, machinery, equipment, tools, and materials, and whatever else may be necessary to complete all work upon which he bids, as provided in the specifications and shown on the plans, and binds himself on acceptance of this proposal to execute an Agreement and Bonds according to the accompanying forms, for performing and completing the said work within the time stated, and furnishing all required guarantees, for the following prices to-wit: Base Bid-Carpet

Item No. Item Description Estimated Quantity* Unit Cost Extended Cost

1 TX Commission on Environmental Quality 4,000, SF $ $

2 Texas Workers Compensation Office 2,000 SF

3 Health & Human Services 11,000 SF 4 Texas Rehabilitation Services 1,400 SF 5 Child Protective Services 8,000 SF

Total Base Bid

$

Alternate 1-Carpet Squares


1 TX Commission on Environmental Quality 4,000, SF $ $

Total Base Bid

$



1 Texas Rehabilitation Service 1,400, SF $ $

Total Base Bid

$




1 Texas Workers Compensation Office 2,000, SF $ $

Total Base Bid

$

* It is understood the quantities of work to be done at unit prices are approximate. Each bidder is responsible for verification all quantities prior to submitting a bid. The City reserves the right to award any combination of base bids and alternates. Upon receipt of the written "Notice of Award", the bidder will execute the agreement within fifteen (15) days and deliver all bonds and Certificates of Insurance. Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within 180 Days unless specified. Bidder further agrees to pay as liquidated damages the sum of $100.00 for each consecutive calendar day to complete the work beyond the allotted time or as extended by an approved Change Order. Bidder understands the Owner/Agent reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner/Agent and conforms to State and local laws and ordinances pertaining to the letting of construction contracts. Receipt is hereby acknowledged of the following addenda to the Contract documents

Addendum No. 1 Dated: Received:

Addendum No. 2 Dated: Received:

Addendum No. 3 Dated: Received: Note: Agents must provide evidence of authority to bind corporation.

THIS FORM MUST BE RETURNED WITH THE BID



Disclosure of Certain Relationships

NOTICE TO VENDORS

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

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

available in the office of the City of San Angelo City Clerk’s office located in Room 201 of City Hall or on the City’s website at http://sanangelotexas.org. If you are considering doing business with the City of San Angelo or the City of San Angelo Development Corporation and have an affiliation or business relationship that requires you to submit a completed Form CIQ, it must be filed with the records administrator (City Clerk) of the City of San Angelo not later than the seventh (7th) business day after the date you become aware of facts that require the form to be filed. See Section 176.006, Texas Local Government Code. It is a Class C misdemeanor to violate this provision.

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

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

Roger S. Banks Division Manager










Debarment and Suspension Certification

(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its

principals:

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

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

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

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

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

certification, such prospective primary participant shall attach an explanation to this proposal. Company By

Title

Address

City, State Zip

Note: Agents must provide evidence of authority to bind corporation.



INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective participant is providing the certification set

out below.

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

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

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

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

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

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

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

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

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



Local Preference Consideration

Section 271.9051 of the Texas Local Government Code “CONSIDERATION OF LOCATION OF BIDDERS PRINCIPAL PLACE OF BUSINESS”: In accordance with Section 271.905 and 271.9051 of the Texas Government Code, if a city receives one or more competitive sealed bids from a local bidder the local government body may enter into a contract with the lowest non-resident bidder or a local bidder whose’ bid is higher under certain conditions.

1. The local bidder’s principal place of business must be within the City Limits.

2. The bid must be within 5% of the lowest bid when purchasing any real property or personal property and the contract is less than $500,000.00.

3. The bid must be within 5% of the lowest bid when purchasing general services and the contract is less than $500,000.00. Local preference is not applicable for general services contracts over $500,000.00.

4. The bid must be within 5% of the lowest bid for Construction services AND the contract must be less than $100,000.00. Local preferences is not applicable to Construction contracts over $100,000.00.

5. The bid must be within 3% of the lowest bid when purchasing any real property or personal property, if the contract is over $500,000.00.

6. The Local Business must provide in writing the economic development opportunities that will be to the City’s benefit if awarded this contract, including the employment of residents, increased tax revenues, etc.

If you DO NOT have your principal place of business located within the City of San Angelo city limits – STOP – do not fill out this form.

This “Application For Local Preference Consideration” does not mean that the City of San Angelo is limiting responses to this request for bids to only those businesses located within the city limits. All bids are welcome.

Bidders who wish to qualify under the local preferences law must have their principal place of business located within the San Angelo city limits.

If your principal place of business is within the San Angelo city limits and you want to apply for local preference consideration, then you must:

1. Complete the Local Preference Consideration Application, and 2. Describe in writing and attach supporting documentation, the additional economic development

opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract.





Local Preference Consideration Application Business Name: Physical Address: Mailing Address: City: Zip Code: Business Type:

□ Corporation – Indicate state of incorporation □ Partnership – Indicate “general” or “limited” □ Sole proprietorship

Basis For Preference (Check applicable box(s) if physical location of business is not within the City Limits of the City of San Angelo.

□ The business is a partnership with residents of the City of San Angelo owning a majority beneficial interest in the partnership (Attach a list of partners with names and addresses).

□ The business is a sole proprietorship owned by a resident of the City of San Angelo

(Attach name and address of owner). Attachments: Describe in writing, and attach supporting documentation, the additional economic development opportunities for the City of San Angelo that will be created if you are awarded this contract. Include the number of City of San Angelo residents that you will employ to complete this contract and the increased tax revenues that will be generated for the City of San Angelo if you are awarded this contract. CERTIFICATION: I hereby certify under penalty of perjury that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the city will provide, within 10 days of notice, the necessary documents to substantiate the information provided. Authorized Representative Signature: Printed Name: _________________________________________________________________

Title: Date:


Intentionally left Blank



Vendor Compliance With Reciprocity On Non-Resident Bidders

Government Code 2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder must bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident’s principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. This requirement does not apply to a contract involving Federal funds. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B.

A. Non-resident vendors in ________________________(give state), our principal place of business, are required to be __________ percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in ________________________(give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate offices are in the State of Texas: ________.

BIDDER:

Company:

City State Zip

Signature:

By: (please print)

Title: Date: (Please print)


Note: Agents must provide evidence of authority to bind corporation.




Contractor References List three (3) governments or companies, other than City of San Angelo, who can verify the quality of service your company provides. References should be of similar size and scope of work to this bid.

REFERENCE ONE Government/Company Name:

Location:

Contact Person And Title:

Telephone Number:

Scope Of Work:

Contract Period:

Reference Two

Government/Company Name:

Location:


Telephone Number:

Scope Of Work:

Contract Period:

Reference Three


Location:


Telephone Number:

Scope Of Work:

Contract Period:

Contract Period:

Reference Four


Location:


Telephone Number:

Scope Of Work:

Contract Period:




List of Subcontractors and Suppliers

List any subcontractors and suppliers you intend to use on this project and the categories of work they will perform. Bidders are strongly encouraged to explore utilizing area subcontractors and suppliers. Make as many copies of this form as necessary to cover all categories of work. Category of Work: Business Name: Contact Name: Telephone: Address, City, State, Zip:

*********** Category of Work: Business Name: Contact Name: Telephone: Address, City, State, Zip:




Category of Work:


Business Name: Contact Name: Telephone: Address, City, State, Zip:


***********

Category of Work: Business Name:

Contact Name:

Telephone:

Address, City, State, Zip:

***********

Category of Work:

Business Name:

Contact Name:

Telephone:

Address, City, State, Zip:



RFB: CH-01-13/Carpet Replacement-Bid Forms Page 20 y:\13-rfx\chase building\ch0113 carpet replacement\ch0113 bid forms final.docx

Contact Information

Please Print

Contact Name:

Mailing Address:

City, State Zip Code:

Accounts Receivable Address

City, State Zip Code

Tax ID:

Payment Terms:

Telephone: FAX:

Email:


END OF BID FORMS



C I T Y O F S A N A N G E L O BID TABULATION * CH‐01‐13/Chase Building‐Flooring Replacement * September 18, 2013

Carpet

No. Item Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price

1 TX Commission on Environmental Quality SF 4,000 3.01$ $ 12,040.00 3.08$ $ 12,320.00 3.08$ $ 12,320.00

2 Texas Workers Compensation Office SF 2,000 3.01 6,020.00 3.08 6,160.00 3.08 6,160.00

3 Health & Human Services SF 11,000 3.01 33,110.00 3.08 33,880.00 3.08 33,880.00

4 Texas Rehabilitation Services SF 1,400 3.01 4,214.00 3.08 4,312.00 3.08 4,312.00

5 Child Protective Services SF 8,000 3.01 24,080.00 3.08 24,640.00 3.08 24,640.00

$ 3.01 $ 79,464.00 $ 81,312.00 $ 81,312.00

Bid Bond: Yes Yes Yes


No. Item Description Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price

1 TX Commission on Environmental Quality SF 4,000 3.67$ 14,680.00$ 0.60$ 2,400.00$ 3.68$ 14,720.00$

No. Item Description Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price1 Texas Rehabilitation Service SF 1,400 3.67$ 5,138.00$ 0.60$ 840.00$ 3.68$ 5,152.00$

Smith (Corrected)

For price comparison only


Kiser Smith

Total Bid

Alternate 3-Carpet SquaresNo. Item Description Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price

1 Texas Workers Compensation Office SF 2,000 3.67$ 7,340.00$ 0.60$ 1,200.00$ 3.68$ 7,360.00$

Alternate 4-Wall Base Unit Unit Cost Unit Cost Unit Cost1 Wall Base LF 1.77$ 1.40$ 1.40$

Bids Mailed To: City St

1 AAA Carpets San Angelo, TX

2 Adkins Floors San Angelo, TX

3 Aladdin's San Angelo, TX

4 Archer Floor Covering San Angelo, TX

5 Concho Carpet One San Angelo, TX

6 Floor Store San Angelo, TX

7 Kiser Flooring Center San Angelo, TX

8 The Carpet Shop San Angelo, TX

9 Smith Flooring San Angelo, TX

\\itcenterx\deptfolder\cityclerk\COUNCIL\Electronic Agendas\2013\11‐05‐13 DRAFT\PUR CH‐01‐13 Bid

C I T Y O F S A N A N G E L O BID TABULATION * CH-01-13/Chase Building-Flooring Replacement * September 18, 2013

Carpet

No. Item Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price1 TX Commission on Environmental Quality SF 4,000 3.01$ $ 12,040.00 3.08$ $ 12,320.00 3.08$ $ 12,320.00 2 Texas Workers Compensation Office SF 2,000 3.01 6,020.00 3.08 6,160.00 3.08 6,160.003 Health & Human Services SF 11,000 3.01 33,110.00 3.08 33,880.00 3.08 33,880.004 Texas Rehabilitation Services SF 1,400 3.01 4,214.00 3.08 4,312.00 3.08 4,312.005 Child Protective Services SF 8,000 3.01 24,080.00 3.08 24,640.00 3.08 24,640.00

$ 3.01 $ 79,464.00 $ 81,312.00 $ 81,312.00

Bid Bond: Yes Yes Yes


1 TX Commission on Environmental Quality SF 4,000 3.67$ 14,680.00$ 0.60$ 2,400.00$ 3.68$ 14,720.00$

No. Item Description Unit Est Qty Unit Cost Ext Price Unit Cost Ext Price Unit Cost Ext Price1 Texas Rehabilitation Service SF 1,400 3.67$ 5,138.00$ 0.60$ 840.00$ 3.68$ 5,152.00$


1 Texas Workers Compensation Office SF 2,000 3.67$ 7,340.00$ 0.60$ 1,200.00$ 3.68$ 7,360.00$

Alternate 4-Wall Base Unit Unit Cost Unit Cost Unit Cost1 Wall Base LF 1.77$ 1.40$ 1.40$

Bids Mailed To: City St1 AAA Carpets San Angelo, TX2 Adkins Floors San Angelo, TX

3 Aladdin's San Angelo, TX

4 Archer Floor Covering San Angelo, TX

5 Concho Carpet One San Angelo, TX

6 Floor Store San Angelo, TX

7 Kiser Flooring Center San Angelo, TX8 The Carpet Shop San Angelo, TX9 Smith Flooring San Angelo, TX

Smith (Corrected)

For price comparison only


Kiser Smith

Total Bid

C:\Users\alicia.ramirez.COSADOMAIN\Documents\- 2013 Packets\11-05-13\4 PUR CH-01-13 Bid

City of San Angelo

Memo Date: September 23, 2013


From: John Eades, Information Technology

Subject: Agenda Item for October 15, 2013 Council Meeting

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

Caption: Consent Agenda Item

Consideration of authorizing the City Manager to execute the Business Private Switch Interlocal Agreement for Enhanced 9-1-1 Emergency Service with the Concho Valley Council of Governments for 9-1-1 emergency services in Tom Green County pursuant to Chapter 391 of the Local Government Code

Summary: The Interlocal agreement is a Business Private Switch Interlocal Agreement for Enhanced 9-1-1 Emergency Service between the City of San Angelo (local government) and the Concho Valley Council of Governments (CVCOG). The CVCOG provides a service that will add additional digital phone tag information to a 9-1-1 call from City phones.

History: Currently, when a City of San Angelo (local government) staff member dials 9-1-1

the emergency responders will arrive at the building address of the 9-1-1 call, not knowing which floor or office placed the call. With the additional phone tag information added to the 9-1-1 call, the responder will know which office within the building placed the 9-1-1 call.

Financial Impact: First Year - $2,369 includes onetime setup cost and $569 annual cost Subsequent years - Annual reoccurring estimated cost $569. The 305 service fund

has budgeted for the annual reoccurring cost and propose funding the setup charge from the phone system Technology Capital account.


Other Information/Recommendation: Staff recommends the City enter into the interlocal agreement in order to provide more accurate 9-1-1 call response.

Attachments: Business Private Switch Interlocal Agreement for Enhanced 9-1-1 Emergency Service Presentation: N/A

Publication: N/A Reviewed by Service Area Director: Tina Bunnell, Finance Director

City of San Angelo

Memo Meeting Date: November 5, 2013

To: City Council members

From: Jeff Hintz, Interim Senior Planner

Subject: Right-of-way encroachment: Texas Financial Bank, a

request to allow for certain improvements upon a designated portion of the sidewalk right-of-way at 121 West Twohig Avenue for a commercial building wall extending up to six inches into the sidewalk area of said right-of-way and three planter cut-outs in the sidewalk area of said right-of-way.

Location: 121 West Twohig Avenue, located approximately 300 feet

west from the intersection of West Twohig Avenue & South Irving Street, specifically occupying San Angelo Addition, Block 10, the east half of Lot 15 & the west half of Lot 16, in central San Angelo.

Purpose: Authorize the City Manager to execute a non-exclusive right-

of-way encroachment license agreement with Texas Financial Bank to allow for the above-described improvements to extend within the public right-of-way.

Contact: Casey Barrett, bank representative 325-655-4110

Jeff Hintz, Interim Senior, Planner 325-657-4210 Al Torres, Building Official 325-657-4204

Caption: CONSIDERATION OF A RESOLUTION OF THE CITY OF

SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE RIGHT-OF- WAY ENCROACHMENT LICENSE AGREEMENT WITH TEXAS FINANCIAL BANK PERMITTING ENCROACHMENT OF CERTAIN IMPROVEMENTS INTO THE CITY’S RIGHT-OF-WAY AT 121 WEST TWOHIG AVENUE, FOR A COMMERCIAL BUILDING WALL AND

PLANTER CUT-OUTS IN THE SIDEWALK OF SAID RIGHT-OF-WAY, AND PROVIDING FOR RELATED TERMS AND CONDITIONS; AND FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN.

Summary: The City Council may: Authorize the City Manager to execute a non-exclusive right-of-way encroachment license agreement with Texas Financial Bank to allow for the above-described improvements to extend within the public right-of-way; or

Not Authorize the execution of the agreement.

Recommendation: City staff recommends authorizing the execution of a non-exclusive right-of-way encroachment license agreement with Texas Financial Bank to allow for the above-described improvements to extend within the public right-of-way.

History and Background:

Existing Zoning: Central Business District (CBD) Existing Land Use: A financial institution is currently being

constructed on the property Surrounding Zoning/Land Use:

North: CBD Surface parking lot West: CBD Offices South: CBD Area Foundation building East: CBD Offices & retailing activities

Thoroughfares/Streets: West Twohig Avenue is classified as a

“local” street" designed to carry lighter, lower speed traffic to collector and arterial streets

Special Information

Traffic Concerns: The street is designated as a “local street,” which receives minimum traffic at low speeds. Given the characteristics of the street, placement of the wall and planter cut-outs within the public right-of-way at

the location in question would not pose a hazard to pedestrians or passing motorists.

Analysis: The staff recommendation is based upon the statements listed below.

As stated in the attached applicant letter, the contractor and/or subcontractor on the project had set the front building wall too close to the front property line. As such, to stucco and actually finish the wall it is highly likely that there will be an encroachment up to 6 inches into the public right-of-way for the property at 121 West Twohig Avenue. At this point, the only options available to the applicant are to tear down the framing and set it back, as it was permitted originally -or- to have this agreement approved by the council and leave the framing for the wall that has already been placed. All things considered, an encroachment of up to 6 inches of a wall will likely go unnoticed to citizens and the three planter cut-outs would not pose a danger to passersby given the location and very small nature of the encroachments. Buildings are allowed to be built to the front property line in the CBD Zoning district present only in the downtown area. As such, streetscapes and other walkable urban design standards have been applied to this property to make sure it fits in harmony with the area. Since there is no foreseeable immediate danger to the area as a result of this and because this segment of sidewalk is plenty wide to accommodate pedestrians, staff does recommend approval of this request.

Attachments: Excerpt from zoning map, highlighting subject property;

Aerial photo, highlighting subject property; Letter from applicant initiating request. Draft Resolution, DRAFT Agreement, Exhibit B

Presentation: Jeff Hintz, Interim Senior Planner

1

A NON-EXCLUSIVE RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT

This Non-Exclusive Right-of-Way Encroachment License Agreement ("Agreement") is

made as of the day of November, 2013, by and between Texas Financial Bank, a Texas

State Financial Institution, having its principal office at 220 Jackson Street, Eden, Texas 76837

("Licensee"), and the City of San Angelo, a Texas home rule municipal corporation, having

its administrative offices at 72 W. College Avenue, San Angelo, Texas 76903 ("City").

RECITALS

A. Licensee is the record titleholder and responsible for the maintenance of certain real property

located within San Angelo, Tom Green, Texas, legally described in Exhibit A, attached to and by

this reference incorporated in this Agreement, such real property being commonly known as 121

West. Twohig Avenue, San Angelo, Texas 76903 ("Licensee's Property").

B. City is the owner of the public rights-of-way known as West Twohig Avenue and

more particularly, the public right-of-way adjacent to the area identified as Licensee's Property,

and commonly known as 121 West Twohig Avenue ("City Right-of-Way").

C. During construction of the improvements on Licensee's Property, Licensee's contractor

inadvertently placed a portion of the front wall six (6) inches on City Right-of-Way. The

portion of Licensee’s improvements encroaching on City Right-of-Way (“Encroachment Area”)

to be used by Licensee is described and depicted in Exhibit B, which is attached to and by this

reference incorporated in this Agreement.

D. Licensee further desires to locate planters in three (3) cut-outs within the sidewalk area of

City Right-of-Way adjacent to 121 West Twohig Avenue, as described and depicted in Exhibit B

2

(“Planter Encroachment Area”).

E. City has agreed to grant to Licensee a non-exclusive personal license to use the

Encroachment Area and Planter Encroachment Area described above, all in accordance with

and subject to the terms, conditions and limitations of this Agreement.

F. On November 5, 2013, the City Council of City of San Angelo, authorized the City Manager

to execute this Agreement with Licensee under the terms and conditions set forth herein.

In consideration of the matters described above, and of the mutual benefits and

obligations set forth in this Agreement, the receipt and sufficiency of which is hereby

acknowledged, the parties agree as follows:

I. INCORPORATION OF RECITALS

The foregoing Recitals are incorporated in this Agreement in their entirety.

II. GRANT OF LICENSE

City grants to Licensee a non-exclusive personal license and permission to enter onto and upon

City Right-of-Way and to use the Encroachment Area and Planter Encroachment Area

described herein ("License"), subject, however, to the terms, conditions and limitations of this

Agreement. The License granted in this Agreement shall be subject to all existing utility

easements, if any, located within City Right-of-Way, or any other easements, conditions,

covenants or restrictions of record.

III. TERM

This Agreement and the License granted to Licensee under this Agreement shall commence as of

the date of this Agreement and shall continue until terminated in accordance with the terms of

3

this Agreement. The initial term of this Agreement shall be ninety-nine (99) years.

IV. CONSIDERATION

The consideration to be paid by Licensee to City for the privilege granted by this Agreement shall

be TEN & NO/100 DOLLARS ($10.00), the receipt and sufficiency of which are hereby

acknowledged by City.

V. NO INTEREST IN LAND

Licensee understands, acknowledges and agrees that this Agreement does not create an interest

or estate in Licensee's favor in City Right-of-Way. City retains legal possession and ownership

of the full boundaries of its right-of-way and this Agreement merely grants to Licensee the

personal license to use the Encroachment Area and Planter Encroachment Area described herein

throughout the term of this Agreement.

VI. NO VESTED RIGHT

Notwithstanding any expenditure of money, time or labor by Licensee on or within the

Encroachment Area and Planter Encroachment Area, this Agreement shall in no event be

construed to create an assignment coupled with an interest or any vested rights in favor of

Licensee. Licensee shall expend any time, money or labor on or in the Encroachment Area and

Planter Encroachment Area at Licensee's own risk and peril.

VII. LIMITED SCOPE OF LICENSE

The License granted to Licensee is limited in scope to the following use or uses: the front wall of

the improvements to the Licensee's Property and cut-outs for planters as set forth in Exhibit B.

Licensee shall not have the right to expand the Encroachment Area or Planter Encroachment

area or alter or change Licensee's use of the Encroachment Area or Planter Encroachment

4

Area without City's prior written consent, which shall not be unreasonably withheld.

VIII. ASSIGNMENT

This Agreement and the obligations in this Agreement may be assigned by the Licensee in the

ordinary course of business upon the sale of the Licensee's Property. Any other assignment

needs the express written consent of each of the parties to this Agreement.

IX. CONSTRUCTION AND MAINTENANCE

Licensee agrees that the improvements described in this Agreement shall be erected and

maintained at all times in a safe, neat, sightly and good physical condition and in accordance

with all requirements of the ordinances of City, as amended. During the term of this

Agreement, Licensee shall, at Licensee's sole cost and expense, maintain the Encroachment Area

and Planter Encroachment Area and any improvements on the Encroachment Area and Planter

Encroachment Area in good condition and in compliance with any applicable requirements of

law.

X. COMPLIANCE WITH LAW

Licensee shall adhere to and comply with all applicable state, federal and local ordinances, laws,

rules and regulations that may pertain to or apply to the Encroachment Area and Planter

Encroachment Area and Licensee's use of the Encroachment Area and Planter Encroachment

Area. Licensee agrees and warrants that it has procured or shall procure any licenses, permits

or like permission required by law, if any, to conduct or engage in the use of the

Encroachment Area and Planter Encroachment Area described in this Agreement, that

Licensee will procure all additional licenses, permits or like permissions required by law during

the term of this Agreement, and that Licensee will keep the same in full force and effect during

5

the term of this Agreement. Licensee shall perform under this Agreement in accordance with all

applicable legal requirements.

XI. INDEMNIFICATION

To the fullest extent permitted by law, Licensee agrees to indemnify, defend and save City, its

officers, agents, servants, employees, boards and commissions harmless from and against: (1) any

and all claims, loss or damage (including reasonable attorneys' fees) to Licensee's encroaching

improvements or any property belonging to or rented by Licensee, its officers, servants,

agents or employees, which may be stolen, destroyed, or in any way damaged by any cause; (2)

any claims, suits, judgments, costs, attorneys' fees, loss, liability, damage or other relief, including

but not limited to workers' compensation claims, to any person or property in any way resulting

from or arising out of the existence of this Agreement or the existence, maintenance, use or

location of Licensee's encroaching improvements within City Right-of-Way. In the event of

any action against City, its officers, agents, servants, employees, boards or commissions covered

by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by

legal counsel of City's choosing; and (3) any loss, liability, claim or suit arising from the

foreclosure, or attempted foreclosure, of a mechanic's or materialmen's lien for goods

delivered to Licensee or work performed by or for Licensee upon or at the Encroachment

Area and Planter Encroachment Area or Licensee's property. Such indemnification shall

include City's reasonable attorneys' fees incurred in connection with any such loss, claim or suit.

The provisions of this paragraph shall survive any termination or expiration of this Agreement.

XII. BREACH AND LIMITATION ON DAMAGES

If either party violates or breaches any term of this Agreement, such violation or breach shall be

deemed to constitute a default, and the other party shall have the right to seek such

6

administrative, contractual or legal remedies as may be suitable for such violation or breach.

XIII. NOTICES

Any notice required or permitted under this Agreement shall be in writing and shall be sufficient if

personally delivered or mailed by certified mail, return receipt requested, addressed as follows:

If to City: City of San Angelo Attn: 72 W. College Avenue San Angelo, Texas 76903

If to Licensee: Texas Financial Bank Attn: Roger Kalina - President 220 Jackson Street Eden, TX 76837 Phone: 325.884.3737

With a Copy to: Texas Financial Bank Attn: Casey Barrett - Chief Financial Officer 121 W. Twohig San Angelo, TX 76903 Phone: 325.655.4110

Notices mailed in accordance with the provisions of this Section Sixteen shall be deemed to have

been given on the fifth (5th) business day following mailing. Notices personally delivered shall be

deemed to have been given upon delivery.

XIV. MISCELLANEOUS

A. No Joint Venture or Partnership.

This Agreement shall not be construed so as to create a joint venture, partnership, employment,

or other agency relationship between the parties to this Agreement.

B. No Personal Liability

No official, director, officer, agent or employee of City shall be charged personally or held

7

contractually liable under any term or provision of this Agreement, or because of their execution,

approval or attempted execution of this Agreement.

C. Joint and Collective Work Product

This Agreement is and shall be deemed and construed to be a joint and collective work product

of City and Licensee, and as such, this Agreement shall not be construed against any other

party as the otherwise purported drafter of the Agreement by any court of competent jurisdiction

in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or

provisions contained in this Agreement.

D. Severability.

The terms of this Agreement shall be severable. If any of the terms or provisions of this

Agreement are deemed to be void or otherwise unenforceable, for any reason, the remainder of

this Agreement shall remain in full force and effect.

E. Governing Law.

This Agreement shall be subject to and governed by the laws of the State of Texas. Venue for

the resolution of any disputes or the enforcement of any rights arising out of or in connection

with this Agreement shall be in the District Courts of Tom Green County, Texas.

F. Construction

All references in this Agreement to the singular shall include the plural, where applicable, and all

references to the masculine shall include the feminine and vice versa.

G. Multiple Counterparts

This Agreement may be executed in multiple counterparts, each of which shall be deemed an

original, but all of which together shall constitute one and the same instrument.

H. Headings.

Section and paragraph headings are inserted for convenience only and in no way limit or define

8

the interpretation to be placed upon this Agreement.

I. Binding Effect.

This Agreement shall be binding on the parties to this Agreement and their respective successors

and permitted assigns.

J. Entire Agreement.

This Agreement and its exhibits constitute the entire agreement and understanding between the

parties and supersedes any prior agreement or understanding relating to the subject matter of this

Agreement.

K. Modification.

This Agreement may be changed, modified or amended only by a duly authorized written

instrument executed by both parties to this Agreement. Each party agrees that no representation

or warranty shall be binding upon the other party unless expressed in writing in this Agreement

or in a duly authorized and executed amendment of this Agreement.

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 Texas home rule municipal corporation

ATTEST:

By: ______________________________ _________________________ Daniel Valenzuela, City Manager Alicia Ramirez, City Clerk “Licensee”

Texas Financial Bank

9

By: __________________________________, Roger Kalina, President

ACKNOWLEDGMENTS

STATE OF TEXAS § COUNTY OF TOM GREEN §

Before me, on this day personally appeared, Daniel Valenzuela, as City Manager of

the City of San Angelo, a Texas home rule municipal corporation and proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein.

Given under my hand and seal of office this day of _, 2013.

Notary Public, State of Texas STATE OF TEXAS § COUNTY OF §

Before me, on this day personally appeared Roger Kalina, as President of TEXAS FINANCIAL BANK, a Texas State Financial Institution, and proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein.

Given under my hand and seal of office this day of _, 2013. Notary Public, State of Texas

10

11

12

13

Exhibit “B”

A RESOLUTION OF THE CITY OF SAN ANGELO, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE RIGHT-OF-WAY ENCROACHMENT LICENSE AGREEMENT WITH TEXAS FINANCIAL BANK PERMITTING ENCROACHMENT OF CERTAIN IMPROVEMENTS INTO THE CITY’S RIGHT-OF-WAY AT 121 WEST TWOHIG AVENUE, FOR A COMMERCIAL BUILDING WALL AND PLANTER CUT OUTS IN THE SIDEWALK AREA OF SAID RIGHT-OF-WAY, AND PROVIDING FOR RELATED TERMS AND CONDITIONS; AND, FINDING A PUBLIC PURPOSE AND BENEFIT THEREIN.

WHEREAS, Texas Financial Bank, is the owner of certain real property located at 121 West

Twohig Avenue, San Angelo, Tom Green County, Texas, within the Central Business District and

Downtown Development District, as more particularly described in that certain Special Warranty

Deed recorded as Instrument Number 707752, Official Public Records, Tom Green County, Texas,

a copy of which is attached hereto as Exhibit “A”, attached hereto and made a part hereof for all

purposes; and,

WHEREAS, Texas Financial Bank desires a non-exclusive personal license permitting the

encroachment of certain improvements upon a designated portion of the sidewalk right-of-way at

121 West Twohig Avenue, along the south side of West Twohig Avenue, as depicted and described

more particularly in Exhibit ”B”, attached hereto and made a part hereof for all purposes, relating

to a commercial building wall extending up to six inches into the sidewalk area of said right-of-way

and three planter cut-outs in the sidewalk area of said right-of-way; and,

WHEREAS, permitting the encroachment of the commercial building wall upon the

designated portion of sidewalk right-of-way along the south side of West Twohig Avenue, and

permitting three planter cut-outs in the sidewalk area of said right-of-way as depicted in Exhibit

“B”, would be consistent with and enhance development of the Central Business District and

Downtown Development District; and,

WHEREAS, the City Council has determined that the authorization of such a non-exclusive

right-of-way encroachment license agreement between City and Texas Financial Bank permitting the

encroachment of the commercial building wall into the right-of-way and permitting construction

and maintenance of three planter cut-outs in the sidewalk area of said right-of-way 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 the request of

Texas Financial Bank for a non-exclusive personal license permitting encroachment of a commercial

building wall onto a designated portion of the sidewalk right-of-way at 121 West Twohig Avenue,

along the south side of West Twohig Avenue, relating to a commercial building wall extending up to

six inches into the sidewalk area of said right-of-way, and for three planter cut-outs in the sidewalk

area of said right-of-way. The City Manager is hereby authorized to negotiate and execute on behalf

of the City of San Angelo a Non-Exclusive Right-of-Way Encroachment License Agreement

between the City of San Angelo and Texas Financial Bank, and to execute such other instruments as

may be necessary or convenient for carrying out such purposes.

PASSED and APPROVED THIS DAY OF , 2013.



Attest:

Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Content:

______________________________ ______________________________ Lysia H. Bowling, City Attorney AJ Fawver, Interim Director of

Development Services

Exhibit “B”

City of San

Angelo

Memo

Meeting Date: August 6, 2013



Subject: An ordinance amending the Mobile Home Skirting Regulations for commercial properties selling mobile and manufactured homes.

Purpose: Adoption of this ordinance will change skirting requirements

for commercial properties with manufactured homes for sale. This ordinance also updates terminology referring to these types of dwelling units by adding the term Manufactured Home.

Contacts: AJ Fawver, Interim Director of Development Services &

Jeff Hintz, Interim Senior Planner 325-657-4210

Caption: FIRST PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 12 ENTITLED “PLANNING & DEVELOPMENT”, ARTICLE 12.500 ENTITLED “MOBILE HOME REGULATIONS”, BY AMENDING ARTICLE’S TITLE TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; REPEALING SUB-SECTION 12.503 ENTITLED “SKIRTING”, ENACTING A NEW SUB-SECTION 12.503 ENTITLED “SKIRTING” AND ADDING SUB-SECTION 12.503(a) AND SUB-SECTION 12.503(b); RENAMING 12.504 ENTITLED “TEMPORARY MOBILE HOME INSTALLATION”, TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, ADDING REFERENCE TO “MANUFACTURED HOME” IN SUB-SECTION 12.504(a) AND SUB-SECTION 12.504(c), OF THE SAN ANGELO CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.

Summary: The City Council may:

1) Approve the Amendment; or 2) Modify and approve the Amendment; or 3) Deny the Amendment.

Recommendation: Planning staff recommends approving the proposed amendment to the Mobile Home Skirting Regulations and Terminology.


In November of 2011 the Planning Commission heard and approved with conditions case CU 11-16. During this presentation there was some discussion regarding the skirting of mobile or manufactured housing units. The way the ordinance is currently written, all mobile and manufactured homes regardless of the zoning classification they are in, are required be skirted if in place for over 120 days. This would include any dealership selling or displaying these types of homes for perspective buyers. As a result of this discussion with the Planning Commission members, staff has added a clause exempting Mobile and Manufactured Home dealers from this skirting requirement. Skirting is required on mobile homes to ensure consistent development patterns and consistent appearance within San Angelo's neighborhoods. Un-skirted mobile homes appear out of character and stand out in a neighborhood. In addition, leaving the housing unit un-skirted allows for easy access to the underside of the structure by rodents, pests, and other creatures. These types of creatures have a tendency to chew on wires, pipes, and generally speaking do not belong living beneath someone's housing unit. Skirting is essential in helping to keep these creatures away from the underside of manufactured or mobile residential units; in a commercial or industrial trade area this is less of a concern as these homes are for sale and display and not intended or allowed to be lived in under any circumstance. Being forced to skirt homes that are not intended for residential use places an unnecessary hardship on dealers and businesses selling these homes in staff's findings. If the homes are for sale and display at a licensed mobile home dealership, neighborhood character is much less of an issue. Manufactured Home dealerships are classified in the Zoning Ordinance as "Wholesale Trade" and this type of use is allowed in the more intensive commercial and any industrial zoning designations. Placement of this type of land use adjacent to a neighborhood would require a zoning district that is not compatible with the neighborhood and surrounding land uses and is not likely to be recommended by Planning staff. 315.G.4.b of the Zoning Ordinance specifically states that the sales of manufactured homes are classified as wholesale trade, not retail sales

and service. This assures that this type of land use will only occur in the more intensive commercial areas and any industrial area within the City Limits. As such the visual impacts of not skirting a manufactured home for sale will not be felt by residential neighborhoods generally speaking.

Attachments: minute excerpt from November 2011 Planning Commission;

draft ordinance with changes highlighted in red.


IV. Request for approval of Conditional Use. [Planning Commission makes final decision; appeals may be directed to City Council.]

A. CU 11-16: Lucky Seven Enterprises

a request for approval of a Conditional Use to allow Wholesale Trade in a General Commercial (CG) zoning district, on the following property:

4100 Ben Ficklin Road, a 3.17 acre parcel situated between Lancer Lane & Ben Ficklin Road, and located roughly 270 feet east from the intersection of Mobile Park Drive and Lancer Lane, out of the South Concho Mobile Home Park, Tract 2, in south central San Angelo.

Jesus Vazquez, Planner, came forward to present this request, consistent with the staff recommendation of approval. Five notifications were sent out, with 2 returned in favor and 1 returned in opposition. The subject property is surrounded by CH, CG/CH, and OW to the north and east. To the west and south is RM-1 and RS-1 zoning. A current mobile home park exists to the west of the site and an RV sales use is to the north. The Vision Map component of the Comprehensive Plan calls for ‘commercial’ at this location. The property is currently vacant and undeveloped. Mr. Vazquez reviewed the possible actions on this case. The site does provide an ease of access to the nearby thoroughfare of South Bryant Boulevard. In addition, the wholesale use is consistent with the ‘commercial’ called for at this location. The notification returned in opposition had a concern with the traffic being send northward down South Bryant as there is an existing “blind spot” for traffic at the intersection of Ben Ficklin road. Ben Jenkins asked a question about the requirement in the City Ordinance that mobile or manufactured homes be skirted if left in place for a particular period of time. Staff responded that this requirement is a requirement not of the Zoning Ordinance, but of the general City Ordinance, and was re-iterated within the staff report to make the proponent aware. Joe Grimes asked about the proximity to the residential zoning to the south. Staff explained that the commercial zoning exists today at this location; while not ideal, the nature of this request does not allow for a removal of that zoning designation; however, the chance to hear a Conditional Use request allows the Commission to place any conditions as it deems necessary to make the use more appropriate at that location. Ben Jenkins also asked about the need for curbing. Staff responded that, in situations where subdivisions are required, curbing is generally a requirement of street improvements; however, in the case of a Conditional Use, it is often considered on a case-by-case basis. Particularly if the site is already laid out and buildings in place, there are entry and exit points that are articulated. In this case, it is certainly a possibility – however, because the land is vacant and undeveloped, there is not ultimately knowledge of how the site will develop. Bill Lawrence asked if mobile or manufactured homes could be built or assembled on site, and staff clarified that they could not; this would constitute a manufacturing use which is not allowed in the CG zoning district. Construction work requiring a permit would also not be allowed on the site as it is currently zoned. No one came forward to speak in favor or in opposition to the request. The Commission asked questions about the safeguards in place to prevent individuals for living in these structures. Staff explained the requirement for privacy fence as it is written in the ordinance.

Bill Lawrence asked the proponent, Clint Hemby, if the venture would be for new or used mobile or manufactured homes. The proponent indicated that the mobile or manufactured homes would be new, although they would accept trade-ins. The staff pulled up the aerial photos and Mr. Hemby indicated that there would be a main entry-exit point midway along the lot, onto Ben Ficklin Road. Sam Tambunga made the point that this location would allow these structures to be moved with the utilization of Loop 306. Motion, to approve as presented, with the additional condition that curbing be added along the frontage of the lot, along Ben Ficklin Road, was made by Ben Jenkins and seconded by Bill Wynne. This curbing may be typical or lay-down curb, with the curb cut as required by City Ordinance. The motion passed unanimously, 6-0.

AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500 “MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS; AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO REFERENCE MANUFACTURED HOME; PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1.) THAT, Chapter 12, “Planning & development”, Article 12.500 “Mobile Home

Regulations’ is hereby amended by amending the title of Article 12.500; by restating section 12.503 “Skirting”, by amending section 12.504 “Temporary Mobile Home Installation” by amending the Section title and restating subparagraphs 9a) and (c) of said section, to read as:

ARTICLE 12.500 MANUFACTURED HOME AND MOBILE HOME

REGULATIONS Sec. 12.503 Skirting

(a) All manufactured homes and mobile homes for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot and rental community or park, which have been in place for a period greater than one hundred twenty (120) days, shall be skirted in accordance with the official code of the city.

(b) Exception: There is excepted from this provision any manufactured home or mobile home displayed for sale by a manufactured home or mobile home dealership and/or retailer licensed under the Texas Occupations Code, Chapter 1201 Manufactured Housing, Section 1201.101, and meeting all City Ordinances, in this instance, no skirting shall be required.

Sec. 12.504 Temporary Manufactured Home, Mobile Home or Building Installation

(a) A manufactured home, mobile home or building may be temporarily

installed on a site, during the construction or reconstruction of a home or building on the same site, with permission of the city council.

(c) Any request for installation of a manufactured home, mobile home or

building which would remain for more than one year shall first be heard by the planning commission after notification of property owners within two hundred feet (200') of the proposed site. The planning commission shall forward its recommendation to the city council for final action at a regular meeting of said council.

Section 2.) THAT, the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

Section 3.) THAT, the following penalty clause is adopted with this amendment:

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

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

INTRODUCED on the 6th day of August, 2013, and finally PASSED,

APPROVED and ADOPTED on this the 20th day of August, 2013.

CITY OF SAN ANGELO

ATTEST: BY:

Dwain Morrison, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: AJ Fawver, Interim Director of Lysia H. Bowling Development Services City Attorney

City of San Angelo



From: Ricky Dickson, Water Utilities Director


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

Caption: Consideration of a variance request to the allowable watering frequencies and time of day for newly planted landscape under the Water Conservation Ordinance, Article 11.203 (e), from San Angelo Independent School District.

________________________________________________________________________

Summary: The variance request is to allow watering of newly seeded or sodded grass areas at a frequency of two times per day for five consecutive days the first week and twice per day for the next 21 days beginning November 1st or shortly thereafter. Current ordinance under Drought Level II does not allow for the watering of new landscape. Watering is only allowed once every 14 days from November 1st to March 31st. History: N/A

Financial Impact: N/A. Related Vision Item (if applicable): N/A. Other Information/Recommendation: Attachments: Variance letter from San Angelo Independent School District Presentation: None Publication: None.

Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, October 21, 2013

City of San Angelo

Memo Meeting Date: November 5, 2013

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: Permission to enter into contract with Gateway

Planning Group for Lake Nasworthy plan Contacts: AJ Fawver, Interim Director of Development Services 657-4210

Caption: Consideration of adopting documents as part of the 2009 Comprehensive Plan, to include:

a. Lake Nasworthy sub-district concept; b. Lake Nasworthy master plan and implementation strategy.

Background: Beginning in June of 2011, the City Council reviewed several items related to Lake Nasworthy; these included:

· an annexation of a now-defunct power plant located in the area; · amendments to ordinances regulating areas around Lake Nasworthy,

specifically those recreational in nature; · the entering into negotiations between the Parks Director and a firm

slated to provide an update to the Parks and Recreation Master Plan; · the hearing of zone changes in and around the Lake Nasworthy

addition; and, · discussions of investment in and around the Lake Nasworthy area to

capitalize on this asset.

In response to these continued discussions of the area, staff put together an RFQ that was published to solicit responses from firms with experience in master planning for areas with value in tourism, recreation, and who understood the unique characteristics of waterfront development.

Seven firms submitted packages outlining their qualifications to complete and coordinate such a project. A selection committee consisting of the members listed below reviewed these packages and, based on their scores, narrowed down the list to three finalist groups.

· Paul Alexander, Council member, SMD 1; · Alvin New, Mayor; · AJ Fawver, Planning Manager; · Shawn Lewis, Director of Community & Economic Development; · Elizabeth Grindstaff, Assistant City Manager; and · Will Wilde, Director of Water Utilities.

Once a “short list” was determined, the three finalist firms were invited for interviews. As a requirement of the interview opportunity, the firms were asked to attend the public meeting being held by the Parks Department to solicit public input for their ongoing update to the Parks and Recreation Master Plan, specifically a discussion of Lake Nasworthy. The following day, interviews were held with each firm and a committee consisting of the members listed below, whose scores were combined to assess the most qualified of the firms.

· Paul Alexander, Council member, SMD 1; · Alvin New, Mayor; · Tad Logan, President, Lake Nasworthy Homeowners Association; · Tony Villarreal, COSADC; · Carl White, Parks Director; · Lauren Shrum, Texas Outdoor Consulting (currently conducting the

update to the Parks and Recreation Master Plan); and · AJ Fawver, Planning Manager; · Shawn Lewis, Director of Community & Economic Development; and · Elizabeth Grindstaff, Assistant City Manager.

Gateway Planning Group’s presentation garnered responses from the committee regarding:

· their data-driven approach; · their business “matchmaking” abilities (connections with over 100

facilities); · their focus on public involvement; · their comprehension of the tourism component of the area paired

with the neighborhood component; · their extensive experience in waterfront planning and projects; · their personalized, detailed approach; and · their urge to make recreational opportunities year-round to maintain

flow of tourism; and, · their understanding of the market feasibility and market analysis.

On May 14th, Scott Polikov, from Gateway Planning Group, presented the scope and figures which were formulated through negotiations with Planning Manager AJ Fawver. The committee held discussion on the proposal and ultimately recommended that the Council approve and move forward with the approach, citing it as a worthwhile investment. On May 15th, City Council listened to a presentation by Ms. Fawver and Mr. Polikov, and ultimately gave direction to move forward with the proposed approach, scope, and price. The discussion also outlined the intent for this expenditure to come from the Lake Nasworthy fund, specifically. The contract for this project was executed by all parties on September 18th, 2012. The consultant team met with city staff to "kick off" the project on December 19th, 2012. They visited San Angelo to conduct stakeholder interviews March 27th and 28th of 2012, and again April 30th through May 3rd, to meet with internal and external related parties in order to discuss design and identify key areas for consideration. A community breakfast was held the morning of May 1st, and a community evening meeting held May 2nd, to share the work done up to that point and obtain citizen ideas and feedback. They returned to San Angelo June 26th to meet individually with Council members from the current Council, as well as to meet with staff and some external stakeholders. The final draft report and sub-district chapter, the required deliverables for this contract, was presented by the consultant team at the September 17th meeting, for comment and possible direction, at which time no substantial direction was given or action taken. The final draft has been placed on the city's website and social media pages since September, and a final community meeting was held on the evening of October 21st, to give another opportunity for community input on the draft version of the plan documents. On November 5th, the final product will be presented for adoption by the City Council, with the intent of becoming a part of the city's Comprehensive Plan, to guide decisions specific to this area in the future. Related Vision Item: Provide adequate amenities for all neighborhoods. Attract reinvestment. Develop strategic plan for recruitment. Examine liquidation of underutilized City properties. Financial Impact: None - financing was addressed at time of

awarding the contract, for $298,150 plus expenses.

Attachments: Excerpts from RFQ CED 05-11, outlining

desired services and selection criteria

Excerpt from May 15, 2012 City Council minute record

Concept Description Master Plan & Implementation Strategy Publication: None required.

The City is seeking to hire a qualified consultant firm or team to provide professional land use planning services, specifically to lead the City's efforts in preparing an addendum to the 2009 Comprehensive Plan; this addendum would create a 7th sub-district concept specifically centered on Lake Nasworthy.

A response to this RFQ shall include methodology and approach, including a timeline, for performing necessary research and preparing this addendum. The addendum should focus on the following:

1. Select and create boundaries for final study area (a “sub-district) surrounding Lake Nasworthy;

2. Collect data and prepare graphics illustrating the sub-district from a variety of perspectives, such as current buildings and uses, tenant profiles, sale and lease points and other data that affect the area’s competitive position in the market;

3. Provide analysis of the following:

a. Ownership of property adjoining all edges of Lake Nasworthy;

b. Tourism and recreational opportunities to maximize activity within the sub-district;

c. Data collected from surveys previously distributed by Parks Department staff regarding activities and facilities around Lake Nasworthy;

d. Land use, water, recreation and resource management issues;

e. Accessibility of sub-district by multi-modal traffic;

f. Relationship between local land use activities and the lake environment; and

g. The role of the sub-district from a regional perspective.

4. Identify the following:

a. Opportunities, constraints, and perceived issues relative to the study area;

b. Environmental concerns and opportunities relative to the study area;

c. Potential projects that could be pursued to attract and leverage investment in the subject area; and

d. Action-oriented recommendations for land use policy and stewardship approaches for future needs.

5. Conduct public input process, to include:

a. Identification of key stakeholders for a series of interviews, the results of which will be summarized and used to pinpoint problems and opportunities, as identified by local residents, property and business owners;

b. Prepare for and conduct two (2) public meetings in the area to facilitate discussions aimed at identifying land use and growth management, sustainability, tourism, economic development, and related issues;

6. Draft a sub-district chapter for inclusion in the 2009 San Angelo Comprehensive Plan that mirrors the style and layout of the attached example. This chapter should include, at a minimum, the following:

a. Boundaries of the area;

b. The concept "challenge" and "solution";

c. A concept "label" with a description and appropriate graphic showing area affected by this concept;

d. Barriers which impede the success of the sub-district;

e. Analysis of the market opportunities for the area, classified by "short-term" (1-5 years) or "long-term" (5-10) years;

f. Suggestions of urban design elements to contribute to and compliment the area;

g. Public-private strategies that could help address the challenges, barriers, and solution described for the area;

h. Recommendations based on the completion of Items 1-5 above; and

i. Selection of an area that could be used as a case study to illustrate the concept (a “catalyst”), and that is part of the selected sub-district - include graphic(s) that demonstrate the concept;

REQUIREMENTS

A qualified consultant should demonstrate the following minimum qualifications to be considered.

1. Applicable experience in and knowledge of basic legal issues related to land use planning. 2. A description of all services available to the City by the firm. 3. At least five (5) professional client references for the principal consultant, project manager, and the firm as a whole. 4. A consultant list of the proposed project team, if applicable. 5. Any and all conflicts of interest or potential conflicts of interest shall be disclosed, including any work being done for

any landowner or developer in the City. 6. Experience in giving presentations, moderating, and facilitating public meetings. 7. Applicable knowledge of integrating land use planning and market analysis. 8. Applicable experience in planning areas with an emphasis on tourism and/or recreation.

SELECTION PROCESS

All responses will be evaluated by a Selection Committee and those respondents determined to be most qualified for a short list may be invited to attend an interview, at the respondent’s own expense. The City shall not incur any costs for response preparation and/or submittal of proposal.

The Committee will evaluate all responses based on the established criteria, to include professional qualifications, background, training, experience, and project-assigned staff qualifications, etc. The City reserves the right to negotiate the final fee schedule, prior to recommending professional services contract for award. EVALUATION OF RESPONSES & SELECTION CRITERIA

1. The Selection Committee shall evaluate and score all of the responses that are submitted. Evaluation ratings will be based on 100-point scale.

1. Experience in preparing plans for targeted areas ................................. 25 Points 2. Previous Projects ..................................................................................... 15 Points 3. Ability ....................................................................................................... 10 Points 4. Familiarity with the City .......................................................................... 05 Points 5. Project Personnel .................................................................................... 05 Points 6. Information from references.................................................................. 15 Points 7. Knowledge/Experience in Planning for Tourism and Recreation Venues ........................................................................... 25 Points

2. The Selection Committee will determine the most qualified Respondent(s) and may invite them for an interview with

members of the Selection Committee.

3. The City reserves the right to request clarification or additional information specific to any submission after all submissions have been received.

4. Should an interview be requested, respondents should be prepared for 20 minutes of presentation and 15 minutes of questions and answers.

5. City staff shall recommend the most qualified firm to the City Council and request authority to enter into contract

negotiations.

6. When services and fees are agreed upon, the selected Respondent shall be offered a professional services contract subject to City Council approval.

7. Should negotiations be unsuccessful with the Respondent receiving the top score, the City shall enter into negotiations

with the next highest ranked Respondent. The process shall continue until an agreement is reached a qualified Respondent.

8. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and

presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for, traveling to and attending the interviews.

DISCUSSION AND DIRECTION TO STAFF TO NEGOTIATE A CONTRACT FOR THE SUB-DISTRICT PLANNING DOCUMENT AS OUTLINED IN CED 05-11 FOR LAKE NASWORTHY Planning Manager AJ Fawver and Scott Polikov, AICP, CNU, and Dan Martin, Management & Marketing Feasibility Advisor, with Gateway Planning Group, presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record. General discussion was held on the time frame for return on investment, opportunities, gateways, insuring plan is in line with the City’s current vision, example of current and past projects, and potential strong development plans. Council recognized the planning document was an expensive project and would be completed over a two year period. Discussion was held on marketing the city, implementing ways to attract people, showcasing the local water resources by truly developing and increasing the economic development; and investing in the process similar to the downtown area investments. Interim City Manager Michael Dane explained the project cost was $298K and the funding source would be allocated from the sale of lake properties. He stated the Lake Nasworthy trust fund and City are allowed to use 90% of the investment for improvements in and around the lake. Mr. Dane informed $840K remains in the investment income and these monies provide the least impact to the tax payers. Council directed staff to move forward and negotiate a contract. Public comments were made by former San Angelo resident Reed Donaldson. Minutes Page 479 May 15, 2012 Vol. 103

Concept # 7 Challenge:Unique Lake Setting with Latent Potential Solution:Lake Nasworthy Catalyst Development Opportunities

Concept Description Surrounding Lake Nasworthy are two concept opportunities: Harbor Village and Power Plant Site. Power Plant Site The decommissioned power plant area(shown below in pink) offers an opportunity for the community to see activation of a previously dormant parcel. Taking advantage of the canal and location on the Lake, the site is envisioned to be a mixed use concept with a single family neighborhood, multifamily buildings and a hotel served by neighborhood retail and commercial. Harbor Village The Harbor Village area (shown in red below) is an opportunity to incorporate Mary E Lee Park and a high profile location next to it, and to catalyze activity by creating a mix of uses that could include a marina, hotel and restaurant. Illustration

Power Plant Site Barriers

□ Privatelyowned primary site and different adjacent ownership □ Encumbered by typical zoning that hinders creative design approach □ Previously-ignored portion of lake with poor street connectivity within site

Market Opportunities

short-term long-term 1-5 years 5-10 years

Housing Ownership □ Rental □ Senior □ Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office □ Service/ Boutique □ Industrial Incubator □ Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Land Use Plan of Power Plant site and surrounding area

Urban Design Elements

□ Small usable open space throughout: courtyards, greens and plazas □ Street connectivity between private and civic spaces - public access to water □ Range of housing types and transitions between uses □ Acts as gateway to Lake Nasworthy

Variety of residential product types – retail and natural experiences

Public-Private Strategies □ City participation in utility work could create momentum catalyzing development that fits with the long

term vision for the lake □ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Elevation of Knickerbocker Bridge over the canal toopen it to boat traffic and increase value of site □ Potential regional interpretive heritage center to act as visitor destination

Harbor Village Barriers

□ Multiple property owners adjacent to street that acts and feels like a highway □ Lack of lakeside type development that would spur more activity □ Limited existing lakeside amenities limit success of waterfront-centric restaurant/ retail

Market Opportunities

short-term long-term 1-5 years 5-10 years

Housing Ownership □ Rental □ Senior Other Retail Neighborhood-Serving □ Destination-Entertainment □ Specialty □ Employment Office Service/ Boutique □ Industrial Incubator Other Lodging □ Institutional Civic □ Parking □ Potential Redevelopment Illustrative Plan of Marina/ Hotel and Surrounding Area

Urban Design Elements

□ Connections between private property and public park/ dock □ Maximizes lake views and primary street intersection □ Buffer protection for the neighborhood near “the beach” with new drive and landscaping □ Splash park amenity to enhance the beach area □ Range of building and use types to encourage activity and destination location □ Illustrative concept includes the following:

• Hotel on the lake - 30 rooms per floor, 4-5 floors (120 to 150 rooms total) • Restaurants - 30,000 SF • Conference center - 30,000 SF • Retail/Entertainment Flex Space - 45,000 SF • New beach structure with concessions - 6,000 SF

Texasoutside.com

Public-Private Strategies

□ Create code that allows for adjacency predictability across different land ownership □ Provide proactive vision for site to encourage place-based development □ Relocation of the Nature Center to upgraded facility □ Private and public parcels could be made available for purchase and ground leases, respectively □ Dispositions of the public lands for ground lease could be facilitated through an unsolicited proposal

process

http://www.google.com/url?sa=i&source=images&cd=&cad=rja&docid=Bnmdo838Yt01-M&tbnid=JHmKSQm1V9vxXM:&ved=0CAUQjRw&url=http://booked.net/hotel/woodmark-hotel-yacht-club-spa-on-lake-washington-kirkland-wa-46597&ei=ZSz5UbznH4n88gTzjoGwAg&psig=AFQjCNFkmUU-Cq6MOv3QGwKYCn4N5i2heA&ust=1375370675426507

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=K99SLuUM5nl7hM&tbnid=pNdQj74hIJVr7M:&ved=0CAUQjRw&url=http://www.texasoutside.com/texas-waterfront-rentals/&ei=jS35UeXVJY3m8wT854GgBQ&bvm=bv.49967636,d.aWc&psig=AFQjCNHA6m9eR1VBwjWqXiymUnTal3zkoA&ust=1375371005051782

Lake Nasworthy Master Plan and Implementation StrategySan Angelo, Texas

Prepared For: City of San Angelo | September 3, 2013

DRAFT

PARCPeter A. Ravella Consulting, LLC

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 iii

DRAFTAcknowledgments

San Angelo City Council

Mayor Dwain MorrisonRodney Fleming, District 1Marty Self, District 2Johnny Silvas, District 3Don Vardeman, District 4H.R. Winkie Wardlaw, District 5Charlotte Farmer, District 6

San Angelo Planning Commission

Darlene Jones - ChairBill Wynne - Vice ChairTeri Jackson Ryan SmithMark CrispValerie PriessSammy Farmer

San Angelo City Staff

Daniel Valenzuela - City ManagerRick Weise - Assistant City ManagerMichael Dane - Assistant City Manager/Chief Financial OfficerAJ Fawver - Interim Director, Development ServicesRobert Scheeman - Interim Director, Economic DevelopmentShane Kelton - Operations DirectorCarl White - Director, Parks and RecreationMike Smith - GIS ManagerAl Torres - Building OfficialRicky Dickson - Water Utilities Director

Lake Nasworthy Institutional Stakeholders

San Angelo Regional AirportAngelo State UniversityGoodfellow Air Force Base

Stakeholder Groups

[Names to be Added]San Angelo Convention Visitors BureauKOA CampgroundSan Angelo Nature CenterArchery Club

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 v

DRAFTTable of Contents

I. Executive Summary ................................................................................................................... 1

II. Public Participation .................................................................................................................... 3 A. Input and Outreach Process .............................................................................................. 3 B. Stakeholders Involved ....................................................................................................... 3 C. Summary of Stakeholder Input .......................................................................................... 3

III. Assessment of Conditions ......................................................................................................... 7 A. Map of Study Area and Description ................................................................................. 7 B. Natural Structures ............................................................................................................ 7 C. Major Existing Uses/Users ............................................................................................... 7 D. Relation to Prior Studies ................................................................................................... 8 E. Resource Management and Environmental Issues .......................................................... 9

IV. Market Analysis ....................................................................................................................... 11 A. Market Area Demographics ............................................................................................ 11 B. Demand Potential by Sports Participation ...................................................................... 20 C. Demand Potential by Propensity ..................................................................................... 21 D. Tourism ............................................................................................................................ 26

V. Master Plan ............................................................................................................................. 35 A. Lake Nasworthy Area Master Plan ................................................................................. 35 B. Market Potential by Character Zone ............................................................................... 36 C. Integrated Parks/Trails and Connectivity ........................................................................ 43

VI. Implementation Report ............................................................................................................ 49 A. Potential Partnership Structures .................................................................................... 49 B. Funding/Financing Strategy ............................................................................................ 49 C. Catalytic Projects ............................................................................................................ 49 D. Zoning Regulatory Approach .......................................................................................... 58 E. Regulatory Environmental Issues ................................................................................... 59 F. Roadways and Utilities ................................................................................................... 60 G. Trails Funding .................................................................................................................. 60

AppendixMarket Study Appendix ......................................................................................................................... 63

Lake Nasworthy Master Plan and Implementation Strategy | San Angelo, Texas | September 2013 1

DRAFTExecutive Summary

Lake Nasworthy is a unique recreation destination for visitors and locals alike that is currently widely used yet also holds potential for further enhancement

and investment. Lake Nasworthy is not just a regional recreational lake. It is also a series of neighborhoods. The complexity of its history and ownerships, including various public holdings, ground leases and private owners, necessitates that it be linked through a common vision and strategy.

This action plan is a comprehensive summary of the work done on behalf of the City of San Angelo to identify issues and opportunities for a Lake Nasworthy redevelopment strategy. This initiative was driven by input from stakeholders to create a market based plan to promote context sensitive development and preservation at the lake and its surrounding areas.

The vision and strategy reflected in this action plan reflects the intersection of a market study to understand the true potential of the lake and its surrounding context as well as the insight of scores of stakeholders representing public institutions, neighborhoods, business owners, recreation advocates, city leaders and other key opinion leaders.

What emerged early in the process is that Lake Nasworthy represents an amazing quilt of unique physical areas and multiple organized activities, many of which have already claimed regional and national recognition. This fact is important as this action plan reflects a means to continue the momentum of the lake rather than an effort to impose a contrived concept that ignores the authentic character of the lake and its community.

This action plan provides a substantial amount of technical analysis. That analysis is provided, however, to establish the capacity for implementing its findings and recommendations. Those recommendations of fundamentally founded in series of identified character zones that emerged during the planning process from existing and likely geographically based activities. Those character zones include:

• Action Sports• Harbor Village• Nature/Education• Special Opportunity• Community Activity

In the process of studying the lake and engaging the public, these general clusters of activity types emerged around the lake. The consultant team studied the lake based on these five distinct character zones. These areas provide structure and logic to the action plan for Lake Nasworthy. The location of the character zones and their current and anticipated activity are explained in detail in this action plan.

Each character zone includes a unique focus but together they create the vibrancy that makes Lake Nasworthy an admired local amenity and regional draw. The popularity of Gun Club Hill Road as a walking and jogging destination is a good metaphor for the latent demand for more structured facilities for activity around that lake. There is more demand for a safe walking and jogging destination near the lake than the street can safely accommodate. Proposed expansion of activity around the lake is supported by market trends, increased activity due to the oil and gas industry, and potential increased regional and national tourism as is being supported by the San Angelo Convention and Visitors Bureau.

The City Council and San Angelo Planning staff has sought an outcomes focused strategy. The desired outcome of this initiative is to encourage the activity and development to ensure the long term viability of Lake Nasworthy as a recreation destination in west Texas. This outcome is achieved by identifying existing tourism and recreation activities and enhancing those offerings thereby creating economic development opportunities. This enhancement is outlined as a comprehensive policy and approach that will encourage the type of development the community has deemed appropriate. This includes potential ‘catalytic projects’—or appropriate development in key locations—that will provide a necessary influx of economic activity yet still fit within the context of what already exists at the lake in order to create sustained investment momentum.

Fundamentally, the resulting master plan and implementing recommendations are supported by extensive public outreach and a market study that reinforces the amazing quilt that makes up the lake today and its potential tomorrow.

■■■

THIS PAGE INTENTIONALLY LEFT BLANK.


DRAFTPublic Participation

Recreational Activity Popularity or Preference

Input and Outreach ProcessTo reconcile the many uses and diverse interests that surround Lake Nasworthy, extensive community outreach and input was undertaken. Lake Nasworthy poses itself as a unique opportunity area, not only as a water source in West Texas, but also for its percentage of city owned land. The Lake Nasworthy Trust Fund, created by the city, cannot be utilized without citizen approval. The restriction of citizen approval has made community feedback an integral piece of this project. In order to fully understand the residents’ perspective regarding Lake Nasworthy, stakeholder interviews were conducted to assist in framing the action plan’s focus.

The consultant team learned from stakeholders how important Lake Nasworthy is not only to those who live on the lake, but also to the larger community. City staff assisted the consultant team in compiling a list of stakeholders that consisted of a diverse group of recreational users, homeowners, politicians, and business owners. Over 40 stakeholders were contacted and interviewed through a series of small group meetings. After the initial round of interviews, the consultant team worked with city staff to follow up with outreach to all lake residents via post card mailing. During the subsequent small group meetings, 20 additional stakeholders were engaged for feedback. The

consultant team used a coding system to translate the notes and feedback into data to create measurable results.

Stakeholders InvolvedThere are a variety of stakeholders surrounding the lake representing numerous interests and users from San Angelo and beyond. The discussions focused on current and future demand, ecological concerns and economic development opportunities. This input provides the basis for the proposed amendments to the San Angelo Comprehensive plan and an implementation strategy to achieve this action plan.

Summary of Stakeholder InputOver the course of public outreach, it was a surprise to learn about the vast amount of activities that take place in and around the lake (see Figure 1). Activities were broken down into non-motorized upland activities and motorized and non-motorized water sports. The information from this figure is based on stakeholder input from actual participants in each of the activities, or from those who mentioned the popularity surrounding the activity.

Once the initial input was obtained from stakeholders, areas of the lake were identified deserving greater attention. This process generated the five character zones. Ultimately,

4

DRAFT

Public Input: Lake Challenges and Assets

Public Input: Lake Development and Improvements

Public Input: Lake Access and Mobility


DRAFTPublic Participation

the selected catalytic projects reflected in this action plan emerged from the insight gathered from the stakeholders. Throughout the process of gathering feedback, a variety of ideas were noted. Figures 2-4 display the ranges in feedback and the diversity in information collected.

Figure 2 demonstrates the challenges and assets surrounding Lake Nasworthy. The density of tick marks indicates comments about that particular issue. Uncertainty of water levels was mentioned by almost everyone. The end of the spectrum represents the amount of activity on the lake as an asset.

Figure 3 was created based on stakeholders input on potential development and lake improvements. These developments and improvements are demonstrated on a scale between public and private. The topic mentioned the

most was restroom improvements. Stakeholders mentioned most of the public facilities surrounding Lake Nasworthy needed updates and improvement.

The stakeholder meetings yielded the need for greater access to current areas being used. Figure 4 was created to give more depth to this topic. The figure depicts a spectrum of low-impact and high-impact means of mobility. For example, stakeholders discussed creating better access around the lake by way of a comprehensive trail system. Gun Club Hill is the second area of highest concern for the citizens; this area has become quite popular as a walking loop trail. The popularity surrounding the use of this area is an issue that was heavily considered when creating potential design concepts. An integrated trail network was also an issue frequently mentioned that resulted in design considerations in the proposed master plan.

Stakeholder Meeting Map Notes



DRAFTAssessment of Conditions

In order to create an action plan that is realistic and realizable, the consultant team delved into the myriad of details and data that make up the complexity of the lake

and its surroundings.

Map of Study Area and DescriptionThe Lake Nasworthy study area is located in the far southwestern quadrant of San Angelo near the San Angelo Regional Airport, Goodfellow Air Force Base, Twin Buttes Reservoir and Bentwood Country Club. The Lake is bisected by Knickerbocker Road and State Highway 306 is approximately one mile to the Northeast. From the lake’s downstream edge, the Concho River flows southeast through downtown San Angelo.

Natural StructuresLake Nasworthy was created in 1930 when Nasworthy Dam was constructed to store the waters of the Spring Creek and

South and Middle Concho Rivers to provide drinking water for the City of San Angelo and surrounding areas. The Lake is full at 1,879 feet above sea level and is 29 feet deep at its deepest point with a surface area of 1,380 acres. In most conditions Lake Nasworthy is near constant level due to overflow from Twin Buttes Reservoir. Due to persistent drought, however, that flow is becoming increasingly unreliable.

The study area offers a wide variety of West Texas landscapes. The unique feature of a large body of water in an arid climate provides for an interesting physical environment that contributes to the natural beauty and a draw for recreation. The lake is unique in the history and makeup of the land ownership surrounding the Lake. The lake is accessed from several public boat ramps and public parks.

Major Existing Uses/UsersLake Nasworthy is surrounded by an eclectic mix of large

Lake Nasworthy Study Area Map

8

DRAFT

institutional users and single family homes. The Bureau of Land Management Twin Buttes Reservoir, the Air Force San Angelo Regional Airport, Goodfellow Air Force Base, and Angelo State University are large users near the lake. The large users create an interesting combination of uses and represent an opportunity for synergy rather than ad hoc interests.

Lake Nasworthy is surrounded by several institutional land owners who are sizable stakeholders as well as numerous land owners and leaseholders of single family homes. When the lake was created much of the surrounding land was retained by the Bureau of Land Management and later turned over to the city. The City then subdivided the land into parcels that were leased to home owners. Later the decision was made to sell the lots rather than lease them as the lease terms came up for renewal. The money raised from the sale of the land is put into a trust that is specifically dedicated for use on lake improvements and management. The history of this land lease/sale arrangement has lead to the unique ownership pattern and management situation that is currently in place. Over time most of the land has become owner occupied.

Relation to Prior Studies

Comprehensive PlanThe latest update to the San Angelo Comprehensive Plan, adopted in 2009, provides a vision for the city through a series of sub-districts that are targeted for redevelopment. Each one of these sub-districts focuses on an area with a unique development context. Together the sub-districts help achieve the City mission to maintain the “small-town character and community spirit, and take advantage of ample social, cultural and recreational opportunities.” A parallel deliverable to this report on Lake Nasworthy is creation of a sub-district to update to the 2009 comprehensive plan. The updated Lake Nasworthy sub-district chapter will act as a tool to implement the vision and concepts described later in this action plan.

Parks, Recreation & Open Space Master Plan The San Angelo Parks, Recreation & Open Space Master Plan adopted in 2012 is a valuable companion to this report in its attention to the condition and recommendation of public spaces surrounding Lake Nasworthy.

Map Depicting Major Users Around Lake - TO BE REPLACED

[INSERT USER MAP]


DRAFTAssessment of Conditions

The goal of the parks master plan was to assess park and recreation facilities throughout the city and to establish planning guidelines for parks over the next decade. That plan contains a through inventory of parks and recreation facilities and details on their programming, marking, reservation systems and fees. There is also valuable data on the recreation habits of the San Angelo population. That plan recommends creating multi modal linkages between and through parks, a theme that is found in this report as well as the San Angelo Comprehensive Plan. This can be accomplished through linear parks, trails and paths as explained later in this document.

That plan includes a particular focus on the Lake Nasworthy parks – as they are a tremendous asset to resident and visitors. The main Lake Nasworthy Parks are: Knickerbocker Park, Mary E. Lee Park, Middle Concho Park, Spring Creek Park, and South Concho Park. The Park Master Plan contains details on what are some current issues in the parks and some suggested improvements. The detailed plans include existing and potential trail connections. Those trails were integrated in to the trail plan delineated later in this action plan.

Resource Management and Environment IssuesLake Nasworthy is a heavily used manmade lake and, therefore, there are resource management and environmental issues likely to be encountered as the city moves forward to improve and enhance the lake and surrounding lands. The exact issues will depend on the specific improvements undertaken; however, based on public comments, three potentially significant issue areas have been identified: (a) lake dredging, (b) shoreline erosion/storm water management and (c) lake water-level management.

Lake DredgingDuring the stakeholder input process, the public expressed considerable concern about the increasingly shallow water depths in Lake Nasworthy and many suggested the city take action to dredge and deepen the lake. Dredging practices are subject to extensive federal and state regulatory oversight. In 2002, the city completed a two-year dredging project to remove 3.8 million cubic yards of sediment from the lake, increasing the lake’s capacity by about 2,500 acre-feet or some 800 million gallons. This project cost approximately $10 million and was funded with revenues from the 1999 section Type 4B one-half cent sales tax. Similar dredging actions are likely to be necessary to maintain water depths and lake capacity in the future, notwithstanding a lack of

identified funding sources for those activities. A focus on erosion control below can provide some opportunity to offset the costly need for dredging. Details on the regulatory implications of lake maintenance are included in the implementation section of this report.

Shoreline Erosion and Storm Water ManagementAs the city considers potential improvements along Lake Nasworthy, it is necessary to carefully consider and account for the potential for increased shoreline erosion and storm water runoff. Erosion is a critical concern because not only does it cause land loss to upland owners – a significant issue in itself – but also it adds to the sediment load in the lake, decreasing water depths and increasing water turbidity. Shoreline erosion is a natural process that can be exacerbated by human activities. Along Lake Nasworthy, shoreline erosion is likely attributable to wind-driven and boat wake waves impacting unprotected or exposed shoreline sediments, storm water runoff, and periodic fluctuations of lake levels that inundate near shore areas and remove shoreline sediments as lake levels drop. Clearing natural vegetation and constructing impervious surfaces along the lake shoreline can also exacerbate erosion, runoff and lake sedimentation. Vegetation removal is typically undertaken to create recreational space, increase areas available for development, or expand or enhance lake views. If poorly planned, this practice can destabilize shorelines and sediments, increasing erosion and lake sedimentation. Construction of impervious structures such as driveways, parking areas, and buildings along the lake can also be detrimental. Impervious surfaces increase the velocity and energy of storm water runoff, causing shoreline retreat, lake sedimentation, and adversely impact water quality.

Accordingly, as additional development occurs, including particular projects proposed in this action plan, a comprehensive erosion control plan should be developed.

In general, shoreline erosion response practices fall into two broad categories: (1) non-structural methods, and (2) structural or shoreline armoring methods. Non-structural erosion stabilization options typically rely on installation or maintenance of natural vegetation. Healthy shoreline vegetation provides effective resistance against light to moderate wave action. Plant stalks break up wave energy and roots stabilize shoreline soils, reducing erosion and mass sediment movement. Shoreline vegetation also

10

DRAFT

slows surface water runoff, assisting in water absorption, reducing erosion and lake sedimentation. Healthy shoreline plant communities also enhance scenic views and provide fish and wildlife habitat. Replanting or expanding shoreline vegetation is often the simplest and most cost effective solutions where erosion forces are low to moderate.

Well-designed shoreline armoring structures such as bulkheads, riprap, and revetments are generally very effective in reducing or preventing shoreline erosion. However, many such methods are expensive and can have detrimental environmental consequences, including increase erosion rates on adjoining properties that are not armored. Unlike vegetation which absorbs and dissipates wave energy, hard structures reflect and refract wave energy and can cause extensive scour. Structural failure can occur if bulkheads are repeatedly overtopped and tieback systems can fail. Sloped rock revetments are generally preferable to vertical bulkheads, as they tend to dissipate or absorb wave energy, rather than redirect it to adjoining lots.

As development along Lake Nasworthy expands, the city may face greater public demand for shoreline armoring solutions. Care must be taken as expanded use of armoring reduces natural shoreline conditions and can detrimentally impact aquatic habitat and water quality.

Recently, many lake communities are beginning to experiment with what are called “biotechnical methods” of shoreline stabilization. This approach seeks to combine structural and non-structural methods, incorporating, for example, gabion structures and installation of shoreline plant materials or detached log breakwaters. By reducing the severity of wave energy or attack on the shoreline, this method seeks to create conditions where shoreline vegetation can be established and function to reduce shoreline retreat or loss. By incorporating structural elements, this method can expand the use of “soft” or non-structural elements in areas of high wave energy or severe erosion, minimizing environmental impacts and providing stability within the system. A biotechnical approach is suitable for a wide-range of erosion conditions and commonly used to prevent surface erosion and shallow mass-movement of soil.

As the city considers future shoreline and storm water management actions, the potential negative impacts of shoreline armoring on fisheries, water quality and other environmental values should be carefully weighed. As

with potential dredging actions, the complexity, cost and importance of shoreline and storm water management practices should be carefully evaluated through a detailed technical feasibility and engineering analysis before actions are proposed or authorization for the actions is sought.

Water Level ManagementDuring the stakeholder and public input processes, concern was expressed regarding the current drought conditions in west Texas and whether water levels in Lake Nasworthy could be maintained over the long run. Commenter’s noted that plans to enhance or expand lakeside amenities and development effectively assume that lake water levels can be maintained at a reasonably consistent level over time. Public concern regarding lake levels is not unwarranted. According to the Texas Water Development Board, presently all three reservoirs in the San Angelo area are at extremely low levels: O.C. Fisher Reservoir – 0.8% capacity, O.H. Ivie – 17.3% capacity, and Twin Buttes – less than 3% capacity, with some reports showing 0% capacity.

Lake Nasworthy captures stream-flow from the Middle Concho River immediately downstream of Twin Buttes Reservoir. The South and Middle Concho rivers flow into Twin Buttes, then into Lake Nasworthy, which is intended to be maintained at a constant level using managed flows from Twin Buttes. However, due to declining water levels in Twin Buttes, natural flow from the reservoir to Lake Nasworthy has all but stopped at the present time, forcing the city to pump water to reduce losses and sustain lake levels. Currently, Twin Buttes contains approximately 5,324 acre-feet of water or about 3 percent of its capacity. Lake Nasworthy presently stores about 7,774 acre-feet, or about 76 percent of its capacity. By pumping water from the south to the north pool of the Twin Buttes Reservoir, the city seeks to reduce the surface area of Twin Buttes and conserve drinking water by limiting evaporation. The water transfer has also helped maintain water levels in Lake Nasworthy.

In recent years, historic drought conditions and increased water demand to serve municipal, agricultural, and oil and gas development needs have combined to stress water resources in west Texas. There is little question that in the near-term, maintaining adequate water resources will continue to be a significant challenge in west Texas and a high priority for the city, its water department, and the residents and visitors who enjoy Lake Nasworthy.


DRAFTMarket Analysis

Demographic Indicator Projections by Market Segment

Lake Nasworthy is a unique location in a changing area. The lake itself attracts increasing demand as one of the few recreational lakes in the region. In addition, the

growth in the larger market due to the impact from shale energy extraction creates development pressures that could be harnessed to the benefit of the long term investment needs of Nasworthy. It is in this context that a market study was undertaken.

With a special focus on natural resource and recreation uses, an initial market study was undertaken. After substantial stakeholder input and planning, a refined and focused study was then executed.

The market analysis shows a strong demand for a variety of activities associated with the lake and long term development around the lake related directly and indirectly to those activities. The analysis below establishes the demographic and market factors. The market demand is then presented in the context of the character zones in the following section.

It is important to note that the often challenging ability to secure and maintain hotels and restaurants at recreational

lakes could be obviated by the strong general demand for hotels in the region. One of the catalytic projects described below includes the potential for a mixed use hotel or two at the lake.

Market Area DemographicsThe following market analysis uses demographics and statistics from a Primary Market (Core Market) that represents the local “everyday” market and includes the City of San Angelo and the Secondary Market that represents the visitor market and includes Odessa-Midland and Abilene-Sweetwater. The following analysis draws from the Arc View application of ESRI’s Business Analyst®. This national model generates data by linking information such as demographics with specific locations or areas. The data is updated continually using benchmarks in the model that the software maker tracks and allocates geographically. The market study also used available data from the City of San Angelo.

Primary Market (City of San Angelo)Between 2010 and 2012 the total population in the primary market area grew by 2 percent. This trend is projected to continue, with an estimated population of more than

12

DRAFT

Demographic Overview Primary Market

Population by Age Group in Percent Primary Market


DRAFT

100,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (36,000 in 2010) is projected to follow the same trend with a projected growth of 6 percent between 2012 and 2017 to an estimated 39,000 households in 2017. The following figure summarizes basic demographics for the primary market area.

The number of families in the market area is projected to grow by seven percent between 2012 and 2017. The share of family households of all households increases to 63% which is against the overall national trend of a growing number of single-person or non-family (single person) households.

Age DistributionOver the next five years, the age distribution of the population is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a

slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 10 shows the population by age group in percent of the total population.

Figure 11 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017.

Household and Per Capita IncomeFigures 12 and 13 highlight income trends for the primary market area.

Household Distribution by Income GroupThe share of households earning under $50,000 is projected to decrease by nine percent between 2012 and 2017 to 52 percent of all households, while the share of households

Population - Aging Trend Primary Market

Income Overview Primary Market

Market Analysis

14

DRAFT

Distribution by Income Groups Primary Market 2012 Household Income

2012 Recreational Spending Potential Primary Market



earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 35 and 12 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income.

In 2012, the average household income in the primary market area is estimated to be $50,960, the, median household income is $37,088, and the per capita income is $21,372. Median disposable household income in 2012 was estimated at $32,680.

The estimated figures for 2017 show an average income of $56,950 (+10.5 percent), a median income of $46,130 (+19.6 percent), and a per capita income of $23,877 (+10.5 percent).

Recreational Spending PotentialFigure 15 shows the 2012 annual recreation expenditure potential in the primary market area for categories related to potential recreational uses at Lake Nasworthy.

Figure 16 puts the spending categories in Figure 15 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100.

Spending in all categories is below the national average which indicates a lack of opportunities in the market area.

Spending Potential Index (SPI)

16

DRAFT



Secondary Market -(Odessa-Midland, Abilene-Sweetwater)Between 2010 and 2012 the total population in the visitor market area grew by 2.4 percent. This trend is projected to continue, with an estimated population of more than 780,000 by 2017; this translates into a projected growth of roughly 5 percent between 2012 and 2017. The number of households (725,000 in 2010) is projected to follow the same trend with a projected growth of 5 percent between

2012 and 2017 to an estimated 286,000 households in 2017. The following figure summarizes basic demographics for the visitor market area.

The number of families in the market area is projected to grow by 6 percent between 2012 and 2017. The share of family households of all households increases to 68% which is against the overall national trend of a growing number of single-person or non-family (single person) households.

Demographic Overview Secondary Market

Population by Age Group in Percent Secondary Market

18

DRAFT

Aging Trend Secondary Market

Income Overview Secondary Market

Income - Distribution by Income Groups Secondary Market



Age DistributionOver the next five years, the age distribution of the population is projected to remain almost the same as in 2010 with a slight increase in the age groups 65 years and older and a slight decrease in the age groups 24 and younger and 25 to 64 years of age. This finding reflects the ongoing national trend toward an overall older population however less pronounced. Figure 19 shows the population by age group in percent of the total population.

Figure 20 summarizes the population into only three age groups and showing the change in distribution in percentage between 2010 and 2017.

Household and Per Capita IncomeFigures 21 and 22 highlight income trends for the visitor market area.

Household Distribution by Income GroupThe share of households earning under $50,000 is projected to decrease by roughly 8 percent between 2012 and 2017 to

52 percent of all households, while the share of households earning between $50,000 and $100,000 and the households earning more than $100,000 are projected to increase to a share 33 and 14 percent respectively over the same time period. These numbers do not account for inflation and do not reflect disposable household income.

In 2012, the average household income in the visitor market area is estimated to be $55,636, the, median household income is $39,208, and the per capita income is $21,512. Median disposable household income in 2012 was estimated at $34,521.

The estimated figures for 2017 show an average income of $62,404 (+10.8 percent), a median income of $47,021 (+16.6 percent), and a per capita income of $24,051 (+10.6 percent).

Recreational Spending PotentialFigure 24 shows the 2012 annual recreation expenditure potential in the visitor market area for categories related to potential recreational uses at Lake Nasworthy.

Household Income in Secondary Market

20

DRAFT

2012 Recreational Spending Potential Secondary Market

Figure 25 puts the spending categories in Figure 24 in a national perspective. It shows the Spending Potential Index (SPI) and represents the amount spent for a product or service relative to a national average of 100.

As seen in the primary market, spending in all categories is below the national average which indicates a lack of opportunities in the market area.

Demand Potential by Sports ParticipationThe National Sporting Goods Association (NSGA) and the Sports & Fitness Industry Association, (SFIA) publish

annual surveys on sports participation in the United States. Participation rates for selected activities are available by region, age group (age 7+), frequency, gender and other variables. These rates have been applied to the San Angelo market area demographics to estimate the demand potential for development around the lake.

The following figures show the detailed participation potential (demand) in selected sports based on demographics and participation rates for several key sports that would be found on a fully developed site of relevant market areas. Based on location, whether or not this is a regional or local



Spending Potential Index (SPI)

facility, competition, synergy effects and cross participation between available activities, a specific market share is estimated. The participants with the highest participation frequency for each selected sport are highlighted. This shows participants that are likely to participate in a specific sport activity over a longer period of time, representing the core market demand.

Primary Market Participation PotentialThe following figure shows the participation potential for the City of San Angelo in selected project related sports and activities based on demographics and participation rates for the market area.

Secondary Market Participation PotentialThe following figure shows the participation potential in the visitor market in selected project related sports and

activities based on demographics and participation rates for the secondary market area.

Market Participation Potential Summary

Demand Potential by PropensityThis approach is based on the socio-economic characteristics of households in the market area and their propensities to use various products and services. While this approach estimates participation it also estimates potential event (e.g. competition, concert) attendance. A market share was not applied to these numbers and it covers adults only – age 18 and above. This approach also compares the likelihood of households/individuals to participate/attend to the national average. It is accompanied by the MPI (Market Potential Index) which measures the relative likelihood of people in the specified trade area to exhibit certain consumer behavior

22

DRAFT

Estimated Participation Potential, City of San Angelo

Estimated Participation Potential, City of San Angelo



or to participate/attend in activities/events compared to the national average.

An MPI of 100 represents the U.S. average, MPIs above 100 show a higher likelihood to participate in a certain activity, MPIs below imply a lower than average participation. These

figures are ascertained by sending the specific demographic mix found in a market area into a demand algorithm whose output is based on numerous sources of survey research. The following graphs put the participation categories for each market area in a national perspective – depicting the Market Potential Index (MPI).

Overview Estimated Participation Potential, Total Market Area

24

DRAFT

Estimated Participation Potential, Local Market

Estimated Participation Potential, Visitor Market



26

DRAFT

Tourism

Texas Tourism & Hotel MarketDomestic visitation to Texas increased six percent over 2011 with an estimated 220 million domestic travelers having visited Texas in 2012. The majority, more than seventy70 percent traveled in Texas for leisure, and 30 percent for business. Texas had the 3rdlargest share of domestic visitation in the U.S. Top visitor origin markets for Texas include California, Louisiana, Oklahoma, Illinois, Florida, Arkansas, Missouri, Kansas, New Mexico and Indiana. 2012 was a strong year for tourism in Texas with all indicators showing positive growth in visitation, economic impact and hotel performance. Texas hotels collected an estimated $8.1

billion in revenues in 2012, an increase of 10 percent over the previous year More than 90 million room nights were sold statewide, with occupancy rates increasing 2.8 percent points to 62.3 percent.

The booming oil and natural gas activity, particularly in the nearby Cline Shale is placing growth pressures on San Angelo. Although the city itself is not the site of much exploration, it is one of the larger cities in the region and serves as a hub for service companies and temporary oilfield workers, executives and families of those employees. Lake Nasworthy provides recreation opportunities for the influx of new workers, and appropriate means and facilities to entertain, serve and house them are essential for the future of San Angelo.

Hotel Occupancy Trends



San Angelo Hotel Market

In San Angelo, as in many towns in oil country, hotels are facing greater demand during the week from employment than on the weekends. This inversion in demand opens up the opportunity to explore hospitality development opportunities that can serve current employment while also fulfilling a maturing tourism demand. This can hedge any risk of decline in employment demand by being oriented to the Lake and recreation by providing short term support on new facilities, and building a long-term reputation for lake recreation.

Areas closely related to oil and gas production (O&G counties) showed a 15.7 percent revenue gain in 2012, and accounted for 56 percent of the state’s total revenue gain (from 38 percent of the stateroom supply). The 62 percent of room supply in non-O&G counties generated a modest

but healthy 7 percent revenue gain for 2012. Room-nights sold in Oil & Gas areas garnered real growth of 8.5 percent while non-O&G balance of Texas showed 4.7 percent. In the Fourth quarter, O&G revenues achieved +15.7 percent and non-O&G areas +7 percent.

Year-over-year, lodging performance measures are now stabilizing at healthy growth levels after a three year recovery period. Occupancy levels are above 60 percent and average daily rates are growing at a healthier 3.8 percent pace, aiding significant RevPar improvement. Supply additions remain well below gains in room-nights sold. With 2012 RevPar reaching $55.83 (equal to 2008), and occupancy slightly above long-term averages, overall new hotel development projects will likely commence selectively.

28

DRAFT

San Angelo Hotel Market 35-70 Miles Distance

Preliminary San Angelo Lake Nasworthy Hotel Demand Calculation


DRAFT

San Angelo Lake Nasworthy Proposed Hotel Room/Room Night Supply

Assuming the hotels are open 365 nights per year San Angelo currently has a room night supply of 713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold in San Angelo. Room nights sold for the 1st quarter of this year are 182,377. The next available hotels outside of San Angelo are 35 Miles away. Figure 34 lists the hotels that are between 35 and 70 Miles away from San Angelo.

Preliminary Hotel Demand EstimateBesides the additional demand from energy related business, new demand will come from recreation and leisure visits to Lake Nasworthy. The following demand estimates are based only on the new additional room demand from recreation and leisure activities that will be offered around the lake and conservatively assumes one visit per year. It is based on

the population figures from the visitor markets.

In comparison the proposed two new hotel facilities will create the following additional room and room night supply.

Restaurant Local MarketIn 2011 households in San Angelo spent on average $2,340 for food away from home which accounts for 4.7 percent of the household budget. In total households in San Angelo spent $86,290,000 in this category. The following graphs detail number of visits, type of restaurant visited, for what reason and the day of visits to a restaurant.

Restaurant Visitor MarketIn 2011 households in visitor market spent on average $2,520 for food away from home which accounts for 4.7

Market Analysis

Local Market Frequency of Restaurant Visits

30

DRAFT

Local Market Frequency of Fast Food Visits

Local Market Restaurant Reason and Day of Visit


DRAFT

Local Market Fast Food Reason and Day of Visit

Visitor Market Frequency of Restaurant Visits

Market Analysis

32

DRAFT

Visitor Market Frequency of Fast Food Visits

Visitor Market Restaurant Reason and Day of Visit


DRAFT

Visitor Market Fast Food Reason and Day of Visit

percent of the household budget. In total households in the visitor markets spent $684,230,000 in this category. The following graphs detail number of visits, type of restaurant visited, for what reason and the day of visits to a restaurant.

Assuming the out of town visitor numbers from the hotel demand estimates and an average spending of $27 per person for food and beverage per day the additional visitation to Lake Nasworthy could create roughly $ 5million in new spending potential for restaurants, fast food restaurants and bars.

Regional Tourism DemographicsThe number of Person-Stays to the Big Bend Region, which San Angelo would be considered a part of, was estimated at 6.17 million in 2011, and the volume of Person-Days was estimated at 15.42 million. The Big Bend Region’s share of total Person-Days to Texas is the smallest out of the 7 main Texas tourism regions. Leisure visitors share essentially all of the demographic characteristics with the typical U.S. household, showing similar proportions by age category, presence of children in the home, by life stage, and by Generation. In household income, the Big Bend Region shows a wealthier distribution in its travel base, attracting

more visitors in the $75,000+ range (54 percent)and fewer in the under-$50,000 range (33 percent)than the U.S. average. The average traveler has a household income of $86,520. About one third of the regions visitors include children in their households. The greatest proportion of the regions visitors are in the 18-34 age category and the average visitor to is 44 years old.

Type of Trip and SpendingOf all visitors to the region 49 percent are leisure visitors. Non-Vacation leisure visitors (37.5 percent) coming to the region to visit friends and relatives (VFR) comprise about one‐quarter of the leisure visits by trip purpose. Of the vacation leisure visitors (11.5 percent) 5.7 percent are on a weekend getaway and 5.8 percent are enjoying general vacations. The remaining 51 percent of visitors to the region are on business trips – 9.9 percent visit the region for a meeting or conference while the majority (41.1 percent) visits the region to conduct business such as construction, repair, client services or sales. The average per person per day spending is $129.60 of which most is for transportation (34.9 percent) due to increased fuel costs followed by food (20.8 percent) and accommodations (16.9 percent).

Market Analysis

34

DRAFT

Travel Party Composition and ActivitiesThe largest travel party type in the region is one male only with 43.9 percent followed by couples that make up 21.6 percent. Couples with children account only for 6.1 percent of all travel parties in the region. This comes as no surprise since the majority of travel is for business reason and only a quarter of all travel parties are households with children – the average travel party size is 1.66. The region’s most popular activities for visitor are culture (12 percent) including historic sites, concerts and plays, festivals and museum visits. This is followed by nature related activities (8.6 percent) such as visiting National or State Park, hiking/biking, visit a lake, eco tourism and camping. Outdoor sports are the least favorite activities.

Length of StayThe average length of stay is 2.61 days. The average length of overnight stays is 4.04 nights. Day trips make the majority with 43.3 percent, 1-3 night stay make up 42.5 percent followed by 4-7 night stays with 10 percent and 8+ night stays with 4.2 percent. Economic changes seem to be affecting travel behavior for the state. Illinois’ visitors historically tend to drive longer distances for their leisure travel, but 2008 brings in more drivers closer to home as the average one-way distance traveled by auto is at a five-year low of 136 miles in part because of the higher fuel costs.

Big Bend Region/San Angelo Tourism Summary

• Texans generated 61.7% of Person-Days to the Big Bend Region; Non-Texans 38.3%

• Top 3 Texan origin DMAs: 1. Dallas-Fort Worth,2. Odessa-Midland, 3. San Antonio;

• Top 3 Non-Texan DMAs: 1. Los Angeles, 2. Shreveport, 3. Albuquerque-Santa Fe

• Leisure travel represented 49 percent of Person-Days to the Big Bend Region; Vacation 11.5 percent and Non-Vacation 37.5 percent

• Business travel represented 51% of Person-Days to the Big Bend Region; Meetings 9.9 percent and Transient 41.1 percent

• Activity categories participated in Big Bend Region: 1. Culture 12.2 percent 2. Nature 8.6%, 3. Touring 7.9%, 4. Attractions 6.4%, 5. Outdoor Sports 3.6%

• Average Party Size (Adults and Children) 1.66 persons

• Average length of Stay was 2.61 days (overnight and days); 4.04 nights (overnight only).

• 68.7 percent traveled by Auto; 21.3% by Air

• Accommodation Type: Paid 61.9 percent; Non-Paid 37.4 percent; Other Overnight 0.7 percent

• Average Per Person Per Day Spending $129.60

• Average Age 44.1 years

• Average Household Income $86,520

• Children in Household: Yes 32.3%, No 66.7 percent

■■■


DRAFTMaster Plan

The Lake Nasworthy master plan was crafted based on the information summarized in the previous sections of this report. Evaluation of the existing context,

incorporation of stakeholder input, consideration of physical realities, and evaluation of market realities were fused together to inform the master plan.

Lake Nasworthy Area Master PlanFigure 45 shows the five character areas – physical and artificial boundaries separate the areas that contain areas of similar use or characteristics.

Lake Nasworthy Area Master Plan

36

DRAFT

Market Potential by Character ZoneEach character zone incorporates and builds on existing activities to maximize market opportunities. The various zones have different magnet attractions and seasonality which indicate whether zones are likely to be active enough to support facilities like food and beverage, hospitality, and other support elements for the guest experience.

Zone 1: Action SportsProgramming for this zone includes:• Boat Races (Drag Boats, Remote Controlled Boats)• Wake Boarding• Archery

• Mountain Biking • Trail Running• Camping (RV,Tent)

In this zone, the boat races will require peak loading for special events that while built into the design, do not negatively impact the day to day use of the area for the other magnet attractions. All have enthusiastic aficionados who will come to the site to engage in them and have few other places in the areas where they can do so as well. Therefore all are technically magnet attraction elements. Their relative demand and popularity are projected in figure 47 in this section.

Zone 1: Action Sports


DRAFTMaster Plan

The San Angelo climate allows for three season boating, wake-boarding, archery, mountain biking, trail running and camping – all, weather permitting, can be enjoyed year round. Boating and wake-boarding may be the crown jewels among the magnets in this cluster as they require a lake or wide river and can be done most rarely in west Texas. Therefore, if one wants to engage in this activity in the region, he or she has to come to the lake to do it. As Figure 47 suggests, boating and wakeboarding may capture the most enthusiasts of the activities in this zone (assuming sufficient capacity for both). It’s interesting that there may be more wakeboarding demand than boating. However there are underwater mechanical wakeboarding systems that eliminate the need for a boat and some wakeboarding is just a simpler version of surfing. All of these activities skew toward the younger age cohorts except for archery and camping. The existing San Angelo archery facility is admirably targeted to a family audience which can make it a lifelong sport. If successful, this will change the typical profile of the sport which indicates that most participants are young.

Mountain biking, running, jogging, and trail running all rely on the same thing – a trail system – however different kinds of trails are needed. Trail running and mountain biking can share a similar trail. The others prefer a more finished and flatter trail. There is no good way of projecting trail running demand at this time but the projections for mountain biking and running offer insight. Both would significantly top trail running, an elite form or running. It is estimated that it would be 15,000 to 30,000 a year, about a quarter to a half of the other two similar activities. Several key youth populations at the Air Force base and the university are likely to contribute to this group.

These activities are generally engaged in year-round by people who bring their own supplies with the exception of campers. Campers typically require some type of a camp store. The exception will be the need to supply enthusiasts who come for the boating and other events. Temporary human services infrastructure from food to restrooms will be needed.

Zone 1 Estimated Participation/Attendance Potential

38

DRAFT

Zone 2: Harbor Village

Zone 2: Harbor Village• Programming for this zone includes:• Marina• Beach• Restaurants• Hotel• Sailing School/Electric Boat Rental• Triathlon Staging Area• Splash pad• Party Boats

The proposed activities for this zone include a number of magnet or destination elements including a reinvented marina and destination restaurant. The marina, which will

be a three season facility, and the year-round restaurants, which must be on the water to distinguish them from other restaurants in town and justify the drive past others to this location, are viable if coupled with a appropriately programmed and designed hotel. The key for the hotel will be water views and convenient water access, which is why well designed adjacency to the marina and the beach are critical.

In addition, the magnet destination elements could include: the waterborne version of the restaurants – the party boats – that are likely to be active in the summer as well as spring and fall weekends, the beach and splash pads which will be unique (like the boating) in the region and be magnet


DRAFTMaster Plan

destinations through the summer into the weekends of the spring and fall like the party boats, the triathlon staging area and sailing schools differ from the others as program that may use the other proposed elements for staging and be an event experience in the case of the triathlon and a programming experience likely to be administratively connected to the marina in the case of the sailing school.

This zone will be the commercial heartbeat of the lakefront with a hotel and restaurant, probably at least one gift shop, the party boat or boats, and berths and boat launches and boat rentals for one of the lakes most popular activities, boating, and the best place to actually swim/use the splash pad on the lake. In time, the addition of some other commercial elements often found on beaches with commercial orientation like mini-golf and perhaps a seasonal carnival can be anticipated unless these are developed in Zone 3.

Parking management will be critical for this zone during peak demand times – a famous issue at beaches. Plans should at least one “walk-to” gravel parking lot and a swing set of handicapped parking spaces that can vary depending on anticipated demand for parking (more spaces close to the beach/activity center during peak times).

Hotel Market• Occupancy rates in San Angelo grew from 58% in 2010

to 73% in 2012 (78% 1st quarter of 2013)• San Angelo currently has a room night supply of

713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold

• Based on a market share of 25% of the visitor market assuming only one visit per year an additional estimat-ed room night demand of 137,391 would be created (not including demand for business travelers).

• A 250 room resort type hotel would add 91,250 available room nights and would sell 70,900 room nights based on the current occupancy rate.

Restaurant Market• In 2011 households in San Angelo spent on average

$2,340 for food away from home which accounts for 4.7% of the household budget.

• In total households in San Angelo spent $86,290,000 in this category

• In 2011 households in visitor market spent on average $2,520 for food away from home which accounts for 4.7% of the household budget.

• In total households in the visitor markets spent $684,230,000 in this category

• With $27 spending per person for food and beverage per day by out of town visitors the additional visitation to Lake Nasworthy could create roughly $5 million in new spending potential for restaurants.


40

DRAFT

Zone 3: Nature/EducationProgramming for this zone includes:• Nature Center• Family Entertainment Center (FEC)

Both the nature center and the FEC concepts are magnets for this zone. There is some seasonality possible although many sunbelt zoos and nature centers are busiest not in the summer but the spring and fall when the temps are more moderate for what is typically seen as an outdoor attraction. The nature center/FEC concept is to offer residents and vis-itors: an introduction to the local ecology through a visitors center and high quality exhibits and likely a small theater

for film presentations, a small educational and entertaining zoo experience done in cooperation with one of the larger metro zoos in Texas (one that would appreciate a west Texas outpost) with state-of-the-art animal feeding programs for visitors, and a small array of fun and entertaining experienc-es that will interest the youth market and bring in financial support for the overall management/ownership entity as na-ture centers and zoos are typically non-profits.

To raise revenue and keep adolescents coming back to vis-it (often with younger siblings) mini-zoos today can offer a broad array of entertaining and overnight experiences. Among the entertaining experiences are mini-golf, small

Zone 3: Nature/Education


DRAFTMaster Plan

rides, carousels, electric go-karts, ball pits, discovery digs, gondola rides, zip lines, ropes courses and other experienc-es. There are many smaller communities across the US that currently run successful nature centers and mini-zoos. If developed in San Angelo it is likely that this would be the leading attraction in attendance within a few years as zoos typically have the highest attendance in communities. That will, however, not be a threat to other well-regarded and established facilities in town like the art museum as zoos tend to skew youth ward in age appeal while art and cultur-al attractions tend to draw adults and youths with a differ-ent set of interests. Summer and weekend camp programs should be built into the planning for this facility. It may turn out that many of the active uses proposed for this lakefront park facility will also spawn summer and learn-to programs.

Zone 4: Special OpportunityProgramming for this zone includes:• Walk/Jogging/Bike Trail• Windsurfing• Zip line• Nature Center (Alternative)• Hotel• Residential Development• Commercial/ Retail Development

This site, including the old power plant and the lake, already draws a lot of San Angelo residents who participate in those activities. A thorough site improvement would increase visita-tion thus supporting related attractions and activities around the site and improving safety and access over the current

Zone 4: Special Opportunity

42

DRAFT

unfavorable situation. Once again all of the proposed activ-ities are magnet attractions. With the exception of windsurf-ing they are not very seasonal. The trail system is already well-established around Gun Club Hill and the market would welcome a safer alternative if it is equally interesting.

Zip lines are a clear possibility with the existing topography on the site. This is true for a ropes course too if the deci-sion is made to maintain Gun Club Hill as a public destina-tion rather than a private development area. Even is Gun Club Hill is disposed for private development, a trail system and recreational access should be incorporated on the top in order to take advantage of the views and to lessen the pressure of the walking demand on the road around the hill.

The Power Plant site is a more standard site for a hotel – on a primary road and near the airport and downtown – in addition with sufficient height it can be oriented to capture lake views. This location will have special access to fitness trails and proximity to other lake assets, possibly making it a very suc-cessful hotel property with an edge over other hotels in the market with standard locations. Multifamily residential and a roadside retail/ restaurant, should be considered for this site.

Hotel Market• Occupancy rates in San Angelo grew from 58% in 2010

to 73% in 2012 (78% 1st quarter of 2013)• San Angelo currently has a room night supply of

713,940. Based on available room nights and the last years occupancy rate 521,176 room nights were sold

• Based on a market share of 25% of the visitor market assuming only one visit per year an additional estimat-ed room night demand of 137,391 would be created (not including demand for business travelers).

• A 100 room full service hotel would add 36,500 avail-able room nights and would sell 28,361 room nights based on the current occupancy rate.

Zone 5: Community/ActivityProgramming for this zone includes:• Birding Center• Fishing• Canoe/ Kayak

These are a trio of low impact activities that will succeed best on a quieter portion of the lake. Two require a location to which wildlife are drawn – birds and fish. Despite the



DRAFTMaster Plan

Zone 5 Community Activity

low-impact, quiet, nature of these activities, they’re all very popular as shown in figure 45 below and this could be a magnet site for enthusiasts of all three activities.

From a design perspective it would be appropriate to spread these activities across the zone, as people do not typically do one and then another in succession - there’s no activity synergy, so they are best designed to be quiet and low impact. People engaged in these activities typically bring their own supplies. There is no clear need for support facilities. Given the particularly interesting dependence on wildlife for two of these activities, the design of this zone should be natural – in-cluding any public conveniences provided. There is sufficient demand for these activities – especially as many of the partic-ipants in these more sedentary activities are older.

Integrated Parks/Trails and ConnectivityA network of trails and connections would help build a sense of identity and synergy between character zones around Lake Nasworthy. The lake is a beautiful natural treasure for both San Angelo and surrounding communities. Hiking, biking and walking are healthy, affordable ways to enjoy the natural world, to exercise, to relax, and to travel from place to place around the lake. However, there are currently no dedicated bike lanes on the roads around the lake and few trails along the water and through the natural wooded areas. The City of San Angelo has identified the need for more trails in the lake area, and many of the trails in this report were already included in the City of San Angelo Bike and Pedestrian Plan (last updated in 2008) and/or the 2012 Parks, Recreation & Open Space Master Plan. The proposed

44

DRAFT

trails in this section are expansions on previously planned: routes, trails, and recommended trailhead locations.

The proposed network of trails, bike lanes, and bike routes, as shown on the Proposed Trail System map (figure 55) would allow bicyclists to travel safely from the north along Knickerbocker Road to attractions around the lake. In addi-tion to providing opportunity for alternative modes of mobil-ity, it would include over 28 miles of scenic and recreational opportunity, creating a loop around the lake. It could also contribute to a solution of the current conflict of uses on Gun Club Road between vehicles and pedestrians. Organized trail systems can stimulate the local economy by increasing tourism and promoting local business.

Key ConsiderationsSome of the trails proposed in this section are not on City-owned land, particularly along the old raised rail bed that would be the location of the Rails-to-Trails trail discussed further below. The trail would run from Spillway Road to Red Bluff Road, a distance of 1.8 miles, and would include a pedestrian bridge over the Middle Concho River. Rights of access would need to be acquired by the City or a non-profit entity. There are also a few sections of the proposed foot trails, included in the COSA (City of San Angelo) Parks, Rec-reation & Open Space Master Plan, that cross land owned by the U.S. Department of the Interior (DOI). An agreement would need to be reached with the DOI, if one is not al-ready in place, before trail construction could begin on these

reaches. Sections of the hike and bike trails that are not on City owned land are shown on the Proposed Trail System map on the next page in light green. Sections of the foot trail included in the Parks Master Plan that cross DOI land are shown as dotted blue lines. Some trails cross land that is leased by the City. Such trail reaches should be aligned and designed to either wholly avoid or minimally displace the agricultural and other uses of the lessee, with written governing understandings between the lessees and the City. Sections of trail on City land that is not currently parkland are shown in purple on the Proposed Trail System map. Trail that crosses existing parkland is shown in dark green.

Proposed Additions to the COSA Bike and Pedestrian Plan (B&PP)On the west side of the lake, in addition to the proposed bike route along Spillway Road, which was included in the COSA Bike and Pedestrian Plan as a bike lane, this report recom-mends a hike and bike trail running along the northern edge of Spring Creek and the southern edge of the Middle Concho River, connecting with the broader trail system at each end. This trail would be a more meandering, less direct route than that given in the B&PP, offering an alternative 5 mile scenic trail along the water.

On the east side of the lake, along Fish Hatchery Road, this report recommends a hike and bike trail running to the South Concho River. A spur would connect to the Hatchery lands on which a playa and restored native prairie are planned as



DRAFTMaster Plan

part of this report’s birding destination program. The hike and bike trail would continue on the other side of the South Concho River until it connects with the bike route on Beaty Road. At the place where the hike and bike trail meets the river, there is a large shoal which may allow hikers and cy-clists to ford the river easily. However, it is recommended

that the City further study this possibility.

The road loop around Gun Club Hill, created by Gun Club Road and Hillside Drive, is heavily used at present by walk-ers and runners and there are a number of points along the road where visibility is impaired by hills and curves. A trail

Proposed Trail System Map

46

DRAFT

separated from the roadway would allow for safe use of the area by pedestrians and unobstructed use of the road-way by vehicles. San Angelo’s City Engineer reported in a memo to City Council on August 17, 2010 that adding such a trail would require the physical widening of approximately 6,000 linear feet of Gun Club Road (to establish a minimum roadway width of 20 feet) and construction of an additional 5 to 8 foot wide improved pedestrian way adjacent to the

roadway. The City Engineer reported that this would require the excavation of the vertical embankment along the north and west sides of Gun Club Hill. This report recommends pursuing this option, as it would improve public safety while allowing pedestrians to continue enjoying the views from the road. The construction of a trail loop on the top of Gun Club Hill itself, for which there is a Parks Department CIP, could also reduce pedestrian use of the Gun Club Hill loop

Master Plan Sketch of Planned Trail, Midland I-20 Playa Preserve


DRAFTMaster Plan

road, and would provide a significant amenity to the citizens of San Angelo and to visitors.

Two sections of the old rail line jut out into Lake Naswor-thy just southwest of Hot Water Slough Park. While it may be possible to build a bridge from one to the other in or-der to extend the length of the Rail Trail (discussed below), it would likely be cost prohibitive. Instead, the City could make the bridge stubs more conducive to public use, such as fishing, which public interviews reveal is happening there already. Adding a sun shelter (perhaps 6’ x 12’ supported by columns) at the end of each stub, with well-placed benches underneath, would make them more pleasant to use. The stub on the west is wider in some parts, and a picnic area could be added. Given the wear and tear evident on the stubs, a budget should be allocated to their improvement, including safety and visual quality enhancement.

Rail-to-TrailsFormer rail lines have been transformed into popular rec-reational trails and transportation corridors around the United States and elsewhere. The raised beds remaining after a rail line has been decommissioned offer a unique opportunity to create trails that are flat or gently sloped and are ideal for bicycling, walking, in-line skating, eques-trian use and wheel chair use. The former rail line that runs from Spillway Road in the west to Red Bluff Road in the east could be turned into one of these trails, adding almost two miles of trails in a natural setting, and creating a pedestrian-bike bridge across the Middle Concho River. Information on programs that offer potential funding or technical assistance for trails are included in the imple-mentation section of this report.

Bike Lanes and RoutesIn places where the proposed trail system is shown along a roadway, except in the cases of Knickerbocker Road and Gun Club Road, it is likely that a new bike route would be the most appropriate form for the trail to take. A bike route, or Class III bikeway in TXDOT/FHwA nomenclature, would provide for shared use with motor vehicle traffic and would be identified by signs and/or pavement markings. A bike lane is recommended for Knickerbocker Road in-stead of a bike route. A bike lane, or Class II bikeway, would be adjacent to but separated from the travel lanes with striping. Since Knickerbocker is a busy 4-lane road,

a bike lane would be needed to provide some protection for cyclists and to help organize traffic flow. It may not be possible to add a bike lane on the stretch of Knickerbocker Road that crosses Lake Nasworthy, since the bridge may not be wide enough to accommodate the added lanes. In that event, signs can direct cyclists to use the sidewalk along the western side of the bridge.

Hike/Bike Trails and FootpathsOff-road (Class I) trails, such as the loop trail atop Gun Club Hill, will need to accommodate both bikers and hikers/walkers with a width of at least 9 feet. These sections are colored purple or green on the Proposed Trail System map, depending on whether the land is City-owned. Where the alignment for the new trail is fairly even and surface condi-tions are non-eroding, minimal light re-grading and tamping may be all that is needed for stabilization. Where any ero-sion or instability is evident, stabilization can be achieved with suitable design and specification. Cross-grades (pitch) and all other specs should conform to TXDOT/ADA/FHwA standards. Path vertical alignments should not exceed 3 percent gradients where possible with a maximum of 5 per-cent where steeper grades are unavoidable.

The City’s Parks, Recreation & Open Space Master Plan in-cludes trails on City land adjacent to Spring Creek Park and Middle Concho Park, shown on the Proposed Trail System map in blue. These trails can be designed as footpaths with widths of only 2 feet in most areas. As with the hike/bike trails described above, where grade conditions for the new trail are fairly stable, only minimal light re-grading and tamping may be needed for stabilization. Where any erosion or instability is evident, stabilization can be achieved with the measures recommended above. The design, grades, and surfacing for all trails discussed in this section should conform to ADA (Americans with Disabilities Act) and TAS (Texas Accessibility Standards) specifications.

TrailheadsThe establishment of trailheads with way-finding informa-tion and space for parking will be important. These can be constructed with low-impact, attractive design and can be accompanied by amenities such as picnic areas, restrooms, and parking or can simply provide information about the trail.

The Proposed Trail System map shows ten optimum loca-

48

DRAFT

tions for trailheads, noted with star symbols:

1. Intersection of Middle Concho Drive and Jaycee Road. 2. Along Middle Concho Drive near the entrance of the

rail trail. 3. On Gun Club Road at the proposed entrance to the hill

top trail. 4. Intersection of Knickerbocker Road and Beaty Road. 5. On Fish Hatchery Road where the off-road hike and bike

trail begins and a trail spur leads off to the new birding site at the old Fish Hatchery #2.

6. Intersection of Knickerbocker Road and South Con-cho Drive.

7. Intersection of Knickerbocker Road and Fisherman’s Road.8. Along Knickerbocker Road at the planned future lo-

cation of campsites and a relocated San Angelo Na-ture Center.

9. On the southwest side of the Middle Concho River where two trails intersect.

10. On the opposite side of the Middle Concho River where three trails intersect.

It is recommended that parking be included for at least three trailheads: intersection of Knickerbocker Road and Beaty Road (on the adjacent City property), intersection of Gun Club Road and Hillside Drive (on City property) and corner of Concho Drive and Jaycee Road (on City Property). A poten-tial trailhead is one of the catalytic projects included in the implantation section of this report.

Other ConsiderationsParks and Recreation may wish to consider installation of an appropriate number of emergency phones along remote portions of the trail system. Also, the department may wish to name the trail system overall and its individual reaches with a nomenclature that expresses the unique attributes of the lake and its plant and animal life. Adding 28 miles of new trails in a well-planned network around Lake Naswor-thy would provide San Angelo residents and visitors with greater opportunities to enjoy the lake’s natural beauty and to engage in healthy, low impact recreation.

■■■


DRAFTImplementation Report

Potential Partnership StructuresThe key to implementing the vision and projects in this action plan will be partnerships. Whether a partnership among the city and other public sector entities a partnership with potential private investors, the public sector must be very careful how it uses its limited assets to catalyze de-sired activity at the lake.

The myriad of activities and potential additional activities is impressive. The vision for partnership and coordination in this action plan provides the means for the various public partners with an interest in Lake Nasworthy to work togeth-er to create synergies and shared outcomes in terms of land assets, revenues for operations and maintenance and com-plementary programs.

The City is in the position to help prime development by sup-porting at some level necessary utility costs where it deems appropriate. The investment involved would be dependent on the type of development. Once detailed project needs are identified, fiscal calculations should be made to consider the cost/benefit case for spurring development on an currently underutilized parcel.

Regarding basic needs for the successful operation of the lake and any expanded activities, this action plan identifies significant infrastructure and public amenity needs such as bathroom facilities, trails and erosion control measures. Public investment in those elements should be undertaken to catalyze and leverage private investments in entertainment, restaurants, hotels, etc. The means to do this includes en-tertaining unsolicited proposals under the state authorized authority for local subdivisions. This process encourages fairness and competition, while also allowing for the private sector to bring forth creative approaches to utilize public as-sets for maximum public benefit while creating maximum potential private investment at the same time.

Through a separate set of deliverables, the consultant team will provide guidance on this approach.

Funding/Financing StrategyThe Lake Nasworthy Trust Fund is growing and can provide long term investment capacity in the core infrastructure needs of the lake. As discussed herein, prioritizing those investments will be critical in order to grow general tax base around the lake. This growth in general tax base will provide

additional investment potential over time for key infrastruc-ture such as improvements to Knickerbocker Road in order to provide both safe access and increased capacity to des-tination around the lake. Accordingly, the creation of a Tax Increment Reinvestment Zone (TIRZ) should be considered in order to provide the potential for additional investments beyond the potential capacity of the Lake Nasworthy Trust Fund. This will be especially important if one of the goals is to balance the preservation of the corpus of the trust fund with expenditures over time.

If any special district such as a TIRZ is created to support catalytic public investments for Lake Nasworthy, the follow-ing should be considered:

• The Special District Project Plan establishing public elements for investments such as trails, docks, public plazas, etc. should align with the catalytic elements set forth in this plan.

• The City’s Capital Improvements Program (CIP) should also be synced with the Special District Proj-ects Plan so that any CIP expenditures leverage the Special District Project Plan, especially in terms of basic utilities and streets.

• If a TIRZ is created as the special district, incentive policies should be included in the Finance Plan such as the conditions in which “Chapter 380” Sales Tax and Hotel-Motel Tax grants might be considered.—for ex-ample, the policy might state that those grants could be eligible for projects that align with the catalytic vision and projects of this action plan and that perform over a certain level of tax base return.

• A coordinated policy should be reflected in both the Fi-nance Plan for the special district and the finance plan for the Lake Nasworthy Trust Fund.

Catalytic ProjectsThe following catalytic projects build on the character zone structure described above. Some of these proposed proj-ects are purely public, while others included both a public and private element.

The goal of the public projects such as the birding center is to encourage expanded tourism activity at a relatively low cost public investment. The purpose of the public-private projects is to encourage the use of under-performing assets that could be coordinated in order to create synergies such

50

DRAFT

as the privately owned marina next to Mary E Lee Park.

Mary E Lee ParkThe Harbor Village Character Zone that incorporates Mary Lee Park is a high profile location that has yet to catalyze enough activity to be commercially viable. By using entitle-ments and encouraging a critical mass of various use types to energize development, the Mary Lee Park area could be-come a year-round destination for both locals and tourists.

The adjacent marina faces an uphill battle in terms of the eco-nomics of a standalone marina. However, if a portion of the land at Mary Lee Park were made available to accommodate a hotel/restaurant in combination with the marina, the economics of

the operation of the entire destination could provide the ability for the marina operation to be underwritten successfully.

This proposal would necessarily include the relocation of the Nature Center; but several options for that effort have been provided in this action plan. This could result in a win-win for both the marina and a relocated Nature Center.

Mixed Use Marina/HotelThe illustrative concept in Figure 57 shows how a mixed use marina/restaurant/hotel could be executed, along with com-plementary for sale or for rent mixed use residential across Knickerbocker on the private held parcels. This illustrative concept also provides some protection for

Harbor Village Illustrative Concept


DRAFT

Mary E Lee Ownership Map Showing Public and Private Parcel Use - TO BE REPLACED

the small neighborhood on the other side of the beach by creating a buffer with a new drive and landscaping. In ad-dition, it includes a splash park to enhance the beach area.

In order to establish the basic framework for a public-private approach, Figure 58 delineate the private and public parcels that could be made available for purchase and ground leas-es, respectively. The dispositions of the public lands for ground lease could be facilitated through the unsolicited proposal process described above.

The illustrative concept includes the following:• Hotel on the lake - 30 rooms per floor, 4-5 floors (120 to

150 rooms total)

• Restaurants - 30,000 SF (one story)• Conference center - 30,000 SF (one story)• Retail/Entertainment Flex Space - 45,000 SF (one story)• New beach structure with concessions - 6,000 SF• For rent residential, condominiums or Hotel across

Knickerbocker Road - 50 rooms per floor, 4-5 floors

Sailing School as Activity Catalyst at Mary Lee ParkOne potential use to encourage further catalyze the area would be a sailing school in Mary E. Lee Park. This location would not conflict with boat ramp access and is at a respect-ful distance from neighborhood homes. The water depths along this shore are moderate and would allow easy docking of boats. Adequate space would need to be allocated from

Implementation Report

[INSERT OWNERSHIP MAP]

52

DRAFT

the existing park for parking, access to the dock(s), space for on-land storage of a small number of sailboats, and a small sailing school structure. Parking should provide spaces for trailer parking with opportunities for individuals, including those not enrolled in sailing classes, to bring their own sail-boats, sailboards, and other craft.

Sail boating need not be considered competitive with power boating in terms of lake surface availability. The broadening of lake recreational opportunity will allow more residents to do more of what they enjoy, whether for simple recreation or as sporting competition. While Nasworthy does not have the large fetches of other lakes, it has a sufficiently naviga-ble surface and can accommodate small regattas and other racing events, each of which can bring some numbers of competitors and other visitors to San Angelo.

This sailing activity would also provide visual, people watch-

ing interest for people staying at the hotel or eating at the waterfront restaurant.

Power Plant SiteRecently purchased by a private investor, the decommis-sioned power plant site offers an opportunity for the com-munity to see activation of a previously dormant parcel. The activity catalyzed by development activity that is in congru-ence with existing activity around that lake can begin to make viable commercial enterprises that would be benefi-cial near the lake and bolster existing uses. This develop-ment could take place with the city playing a role to help shape a project that is in keeping with the long term vision for Lake Nasworthy.

After complete dismantling of the power plant an attractive piece of property near Lake Nasworthy will be available for redevelopment. This is a unique parcel in its proximity

Power Plant Site Illustrative concept


DRAFT

to water and the canal that bisects the site as well as the frontage on to Knickerbocker Road. After discussions with the new owner’s representatives it is understood that the site is envisioned to be a mixed use concept with a sin-gle family neighborhood, multifamily buildings and a hotel served by neighborhood retail and commercial.

Figure 59 provides a concept as to how the hotel, restau-rants, retail and housing could be incorporated with pocket parks and public spaces; functional access to the canal for recreation; and access points for new roadway connections and trails through the area consistent with the proposed trail plan. Finally, the illustrative concept shows a location near the proposed hotel that could act as a regional inter-pretive heritage center and restaurant.

Currently the site is zoned conventionally, requiring a rezon-ing for a more mixed use, integrated context. Zoning should be updated not just to allow more uses; but rather, to cre-ate predictability across different ownerships as parcels are sold to other developers such that the parcel develops out as if it remained under the control of a single master devel-oper. This will allow for the fine-grained public spaces and walkable mixed use that would complement this location and its adjacency to Gun Club Hill.

As this is a portion of the lake that has not been designed for recreation access or community character, street and trail connectivity will be especially critical to making the de-velopment special and appropriate for its key location. This is especially true given the popularity of Gun Club Hill next door. Accordingly, a careful approach to planning, infrastruc-ture design and zoning will be critical to achieve both ap-propriate returns for the private owners, future developers and the public interest in this gateway property providing a destination speaking and connecting to this new vision for Lake Nasworthy. The bottom line is that this approach will allow a proactive vision for the site that would encourage place-based development with public benefit.

A potential option to help activate the Power Plant site is to elevate Knickerbocker Road so that boats may pass under the bridge and enter the canal which can act as a marina. Preliminary cost estimating done by the TXDOT San Angelo Division put the price for the bridge and road reconstruction at approximately $2.7 Million. This reconstruction along with an updated boat ramp would help to activate the east-

ern section of the lake and position the Power Plant site to act as a potential focal point of this activity, creating an op-portunity for mixed use development on the lake and private access from additional lake housing.

Heritage Center as Activity CatalystOne potential example of a public benefit would be a Heri-tage Center that would bring activity to the redevelopment parcel and act as a state-of-the-art exposition of San An-gelo’s heritage and leadership in Water Management and Wind and Solar Power Generation. The Center is conceived as one that could draw large numbers of tourists and any visitor with an interest in deeper understanding of water as a critical resource and the ways in which West Texas is developing advanced and environmentally sound meth-ods of energy generation. Water, now more critical than ever in the City’s history, would be highlighted on the one hand for its natural resource values, with the iconic Concho River Pearl as emblem and window opener to the region’s important environmental systems. Water capture and man-agement, at the same time, will reveal the exciting and dra-matic history of dam building and lake management at the Nasworthy, Twin Buttes, and O.C. Fisher reservoirs.

Energy generation is the second primary theme of the pro-posed center. While shale oil and gas are also significant energy themes, it is recognized that these would fare better, with a focus of their own, in a museum or expo center ded-icated to them, just as the Permian Basin Petroleum Muse-um, in Midland, is devoted to the history of oil exploration, extraction, and refining. If this assumption is reasonable, the Center proposed here would focus on Wind and Solar Power as the second primary theme beside Water.

If developed at a high level of exhibitory, audio-visual pre-sentation (including 3-D film), and explanatory mediums, the Center would be in a position to draw large numbers of visi-tors from the tourism-traveling public as well as from water supply and energy industrial companies, public utilities, and educational and research institutions. Until the concept is de-veloped in further detail and elicits the interest of a possible non-profit sponsor, or a private-non-profit partnership, it will not be possible to project visitor numbers, hospitality sector income, and public sector tax revenue associated with such a center, but the possibility exists and should be considered.

The Center was originally conceived on the Power Plant


54

DRAFT

site; but that original concept is not appropriate given the development goals of the new investor in the Power Plant Site. A more modest, yet integrated center, is depicted in the mixed use illustrative plan above in Figure 60. Never-theless, the original concept is still being provided in this action plan if it is determined later that this more robust center would be appropriate at the Power Plant Site or at another site near the lake.

Gun Club Hill Adjacent to the Power Plant SiteAlthough this action plan does not provide an illustrative

concept for Gun Club Hill if it is developed, the connection between the Power Plant Site and Gun Club Hill must be care-ful planned and executed. The views from and attraction to Gun Club Hill by walkers/hikers necessitates that any devel-opment on the Power Plant Site and Gun Club Hill be linked and aligned through a very carefully executed street and trail plan as potentially laid out in Figure 55 depicting the trail plan for the area, and Figure 59 depicting the potential mixed use development on the Power Plant Site. The infrastructure in-vestments for those improvements should be incorporated into any final planning and zoning for those sites so that both

Heritage Center


DRAFT

the private owners and the community benefit from any public investments in new streets, trails and water access.

Birding CenterThe Community Activity Zone, as mentioned in a previous section, is an area of the lake best kept in a natural state. A more natural state does not mean there is still not opportu-nities for activity – albeit more passive activity. Besides the kayaking /canoeing or fishing and camping there are other niche passive recreation opportunities that can incorporate a wide spectrum of participants.

Birding Center as Ecotourism CatalystAn example of popular passive recreation is birding, which is renowned for the devotion of its enthusiasts. The Community Activity area of the lake offers an opportunity to create a bird-ing destination by retrofitting the former Fish Hatchery No. 2. The former hatchery could be adapted into a Birding-Ecotour-

ism Destination with a Playa and Restored Native Prairie. The Hatchery is situated a short distance south of Nasworthy Dam to the east of Fish Hatchery Road and to the north of Country Club Road. It consists of more than 20 abandoned and now ordinarily dry ponds and other former breeding units, with a total property area of approximately 40 acres. The ponds/units are divided by dikes with an average original crest width of 8-10 feet. Original pond water depth extended between two feet at the higher ends and six feet at lower pond ends. With erosion over time since the Hatchery’s closing in 1988, lower end depths are possibly no greater than three feet. Dike widths are probably narrower than the original condition, also due to erosion. Most of the property is thinly covered with dry land grass and shrub species at present, though some mes-quite and other trees are present.

Project Opportunities and BenefitsOther resources serve birdlife in San Angelo. San Angelo


56

DRAFT

State Park has prominent birding sites. Lake Nasworthy and its fringe wetlands are well visited. O,C. Fisher and Twin Buttes reservoirs attract birdlife when water levels allow, as do the reaches of the three branches of the Concho River. Nasworthy, however, is often busy with power boating, wa-terskiing, and other lake activity that tend to deter aquatic birds. Creating a playa a short distance from the Lake would offer a desirable option to birds that prefer quieter surround-ings. The restored prairie around the perimeter of the playa, in serving field feeding species, would add to the nature-ob-servation value and ecological dimensions of the tract overall.

The New PlayaThis can be a resource for waterfowl and other avian species at a level of quality that will appeal to a wide spectrum of birders, ecotourists, university programs, families, and schoolchildren.

The pond (playa), dug to a suitable depth (e.g., three feet average over an area of about 3.5 acres in this conceptual proposal) and with sloped banks and other appropriate char-acteristics, would survive as playas typically do, namely on rainfall alone. Some stormwater runoff would be collected by gravity flow by one or more drainages leading rainfall from the reestablished perimeter prairie. One such drainage exists on the south edge of the area proposed for the playa. Some nat-ural seepage, if it exists from any water figure adjacent to the site, would also help. The sole intervention would be for the pond/playa’s initial establishment, which could be achieved with the supply of about 8-9 acre-feet from Lake Nasworthy. Following this pumpage, the playa’s water sufficiency would depend on rainfall, as natural playas do.

With appropriate design and grading equipment, a pond can be carved appropriately out of the existing landform of the old Hatchery. In the example given here, its configuration would be about 600 feet long in an east-west alignment, this long fetch favored by diving ducks such as canvasback and teal, as well as herons and others. The shoreline is shown as indented, which will allow tree growth on the western edges of the coves to provide cooling afternoon shade to the near waters, which will encourage fish to gather, which in turn will interest both feeding birds and human visitors. Six roofed bird observation structures are shown, each with a varying view of the playa. A continuous trail links all. In-

terpretive signs would be designed to properly portray the playa’s aquatic, avian, and terrestrial wildlife.

Playas, as dynamic habitats that rise, fall, and revive between drought and rain, also support the robust growth of plants and so serve as attractive feeding grounds for birdlife. “Playa for-age,” according to David Haukos, national playa expert1 “is so much better than anything else on the landscape that mi-grating birds will feed out the playa before they forage in the fields. And it’s not just ducks. We’re talking about shorebirds, upland species, wading birds – the gamut.”

The Restored Native PrairieThis prairie restoration will be a source of food for grouse, pheasants, and geese, among other avian species as well as for terrestrials. Water-conservation principles would be applied to prairie establishment in that seeding of native grasses would be scheduled in August-early October two or more days prior to a forecast rainfall, with repeat seedings later in the same season and in following years, without irrigation/sprayings following these events.

Educational Value of Both Playa and PrairieIn addition to serving wildlife, both the created playa and the restored prairie will have high value to high school and college programs, as well as for nature observation and scientific study, including the monitoring of progress on the emergence of both playa and prairie. While no discussion has been held with area institutions such as Angelo State University and San Angelo Nature Center, the attention of these and other nearby educational and research programs could be invited by the City. Their biology programs and researchers and graduate students could potentially be engaged in monitoring the progress, establishment, and maturation of both playa and prairie. Results would be of in-terest to students, faculty, researchers, and general readers region-wide and nationally.

ConstraintsThe Hatchery property is classified as a “lake” in the Nation-al Wetlands Inventory. Any proposed change such as rec-ommended here would need to first receive approval by the U.S. Fish and Wildlife Service following A-95 review. Given that the plan is to reinforce native vegetation and augment

1 David Haukos, PhD, Leader, Kansas Cooperative Fish and Wildlife Research Unit and advisor, Midland’s I-20 Playa Wildlife Preserve (The Rivers Studio, Master Planners)


DRAFT

Birding Center Concept

bird and other wildlife habitat, our assumption is that chanc-es for approval are good.

Clay used to line the fish ponds should not constitute a barrier to the growth of new vegetation if it is broken up and mixed into the underlying soils by land grading equipment. Buried utilities and equipment would be removed in advance.

The numerous dikes of the Hatchery ponds need not be re-graded to the point at which the new land surface is en-tirely smooth. This would be unnecessarily costly and would not serve an essential purpose. A grading plan could ac-commodate a general leveling of the dikes and provide for a minimum number of new drainage swales. Some ponding of rainfall would not be adverse; it could provide for a seasonal marsh or meadow condition and thus contribute additional diversity to the restored prairie habitat.

Role of the Hatchery Grounds in San Angelo and the Central FlywayGiven the gradual disappearance of playas in Texas and oth-

er areas of their six-state region, a critical decline that is be-ginning to affect bird numbers along the West Branch of the Central Flyway, where San Angelo lies, the introduction of a new, albeit small, playa and associated restored native prai-rie at this location will serve valuably. The new playa, how-ever small, will be a positive measure in sustaining avian life and the chain of resting/feeding water bodies essential to fall and spring migrations, as well as in broadening eco-tourism and educational and scientific study opportunities.

Trail Head ConnectionsDuring the course of public input it became apparent that the archery club is a sizable and active user of the area around the lake. They are constrained by a number of factors but parking access to public bathrooms is of primary con-cern. Due to their relative proximity to the disc golf course and existing/potential trails an opportunity for collaboration became evident. Figure 63 shows a concept that acts as a catalytic project, perhaps on a smaller scale than some oth-er examples; nonetheless it could have great impact serving the utility of the adjacent users. The fluctuating nature of


58

DRAFT

the surrounding uses does not necessitate separate parking lots when it makes sense to have shared parking that allow for space when it is needed. The city could play an active role in the creation of these types of trailheads where there are opportunities to support existing activities and foster new ones around the lake.

Zoning Regulatory Approach[This section will be updated after presentation to and feed-back from City Council]

The aggressive but realizable vision of complementary de-velopment at the lake as a part of the new lake Master Plan

delineated above will require significant changes to current zoning policy, process and regulations. As these needs are addressed, the following should be considered:

• Zoning policy should create one central point of admin-istration within the City for Lake Nasworthy, including the single family on ground leases, single family fee owned and new development. This will enable a more predictable outcome from the public’s perspective and more efficiencies from the government operations.

• A one size fits all for zoning regulations will not align with the unique nature of the different development opportunities around the lake. Accordingly a different

Potential Trailhead Illustrative Concept


DRAFT

set of design and zoning standards should be crafted respectively for the Power Plant Site Area, the Mary Lee Park Area and the other emerging traditional single family areas.

• Zoning policy and updated zoning regulations should be coordinated with the update to the CIP plan and any new Project Plan for the proposed special district (e.g., TIRZ)

Regulatory Environmental Issues

Resource ManagementLake maintenance was mentioned above as an inevitable concern that must be addressed. Dredging, which at some level will be necessary for resource management, is subject to extensive federal and state regulatory oversight. In 2002, the city completed a two-year dredging project to remove 3.8 million cubic yards of sediment from the lake, increasing the lake’s capacity by about 2,500 acre-feet or some 800 million gallons. This project cost approximately $10 million and was funded with revenues from the 1999 section 4B one-half cent sales tax. Similar dredging actions are likely to be necessary to maintain water depths and lake capacity in the future. De-tails on the regulatory implications of lake maintenance are included in the implementation section of this report.

The U.S. Army Corps of Engineers regulates dredging prac-tices under Section 404 of the Clean Water Act. In gen-eral, section 404 requires that any municipality, person or business that proposes to place fill in or dredge material from the “waters of the United States” shall first obtain a section 404 dredge permit from the Corps. Lake Nasworthy falls within the scope of “waters of the United States “as a body of water more than 10 acres in size including contigu-ous wetlands and any flowing stream. A Corps section 404 permit will be required before any dredging or filling activity conducted in the lake or adjacent streams/waterways.

Section 404 establishes a broad program to regulate the discharge of dredged or fill material into waters of the Unit-ed States, including wetlands. Activities regulated under this program include dredging, fill for development, water resource projects (such as dams and levees), infrastruc-ture development (such as roads, highways, bridges, and airports), residential or commercial development, installa-tion of docks, piers, shoreline stabilization structures, and even mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the

United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities). Some of the proposed improvements contemplated in this report will involve either dredging or filling of the lake bot-tom, thus triggering the Corps’s section 404 jurisdiction.

The basic premise of the section 404 program is that no discharge of dredged or fill material may be permitted if a practicable alternative exists that is less damaging to the aquatic environment or if the nation’s waters would be sig-nificantly degraded. To secure a permit, applicants must first show that steps have been taken to avoid impacts to wet-lands, streams and other aquatic resources; that potential impacts have been minimized; and that compensation will be provided for all remaining unavoidable impacts. This three-step assessment of duties is often referred to as the “wetland mitigation sequence.”

An individual permit is required for potentially significant im-pacts and should be anticipated if any lake dredging or sub-stantial fill is planned. Individual permits are reviewed by the U.S. Army Corps of Engineers, which evaluates applications under a public interest review, as well as the environmental criteria set forth in the Section 404(b)(1) Guidelines, a set of regulations promulgated by the EPA. However, for discharges that will have only minimal adverse effects, an individual per-mit may not be required; rather, a general permit may be suit-able. General permits are issued on a nationwide, regional, or state basis for particular categories of activities. The general permit process eliminates individual review and allows cer-tain activities to proceed with little or no delay, provided that the general or specific conditions for the general permit are met. For example, marina basin maintenance, short shoreline stabilization projects (less than 500 feet in length), minor road activities, utility line backfill, and bedding are examples of ac-tivities that can be considered under a general permit. Texas Commission on Environmental Quality (TCEQ) will also have a role in the 404 permit decisions through the section 401wa-ter-quality certification process.

As with the city’s 2002 dredging project, any large-scale fu-ture dredging of Lake Nasworthy can be expected to require an individual section 404 permit from the Corps. However, depending on the design, scope and scale of future dredg-ing projects, the city may be able to extend and/or amend the section 404 permit issued for the 2002-dredging proj-ect. Detailed technical feasibility and engineering studies


60

DRAFT

of dredging options should be considered before permits to authorize future dredging projects actions are sought.

Shoreline Erosion and Storm Water ManagementIn 2012, EPA updated the National Lakes Assessment to help citizens and governments measure the health of the nation’s lakes, take actions to prevent pollution, and evalu-ate the effectiveness of protection and restoration efforts. (National Lakes Assessment: A Collaborative Survey of the Nation’s Lakes. EPA 841-R-09-001. U.S. Environmental Pro-tection Agency, Office of Water and Office of Research and Development, Washington, D.C.) The NLA is designed to estimate the percentage of lakes that are in good, fair, or poor condition, essentially a scientific report card on Amer-ica’s lakes. It examines the ecological, water quality, and recreational indicators, and assesses how widespread key stressors (such as nitrogen, phosphorus, and acidification) are across the country. While Lake Nasworthy was not in-cluded in the original 2007 NLA survey or the 2012 update, two key findings of the 2012 report are relevant to future de-cisions regarding Lake Nasworthy. First, 56% of the nation’s lakes are in good biological condition, with natural lakes generally in better condition than man-made lakes. Almost half of the nation’s lakes are in poor condition. Second, and more importantly, of the stressors included in the NLA, poor lakeshore habitat was cited as the single greatest threat to the nation’s lakes with more than one-third of the lakes exhibiting poor shoreline habitat condition. Poor biological health is three times more likely in lakes with poor lake-shore habitat. (See National Shoreline Assessment Report (2007), Executive Summary, Key Findings, pages ix and x).

Water LevelsState and local water planners work together to assess de-mand and ensure adequate water supplies through regional water planning groups. San Angelo lies within the Region F Water Planning Region, which includes 32 west Texas counties as well as Midland and Odessa. While surface wa-ter provides much of the municipal supplies in the region, groundwater provides the majority of the water utilized, drawn from four major and seven minor aquifers. The Twin Buttes/Lake Nasworthy complex is but one component of an integrated regional water management system. Specif-ic recommendations or actions to sustain Lake Nasworthy water levels are beyond the scope of this planning effort. Future efforts to evaluate and maintain Lake Nasworthy water levels - in addition to other water resources in west

Texas- are best addressed through and in coordination with the Region F Water Planning Group.

Roadways and UtilitiesThis master plan and action plan suggest the need for substan-tial investments in roadway and utility capacity. The follow-ing principles should be incorporated as specific infrastructure elements are prioritized, designed and paid for through public and public-private approaches as discussed above:

• TxDOT should be engaged proactively to enter into an MOU for the cooperative redesign of Knickerbocker Road to realize the potential of Mary Lee Park as a ho-tel-anchored mixed use destination. If deemed appro-priate, the funding would be based on the ability for all parties—state, city and private—to secure a benefit from their respective public and private perspectives in-cluding safety improvements and tax base growth.

• A multi-stakeholder process should be engaged after the adoption of this action plan to prioritize street improve-ments based on the prioritization of the proposed catalyt-ic projects delineated in this action plan. Once that prior-itization is undertaken, estimates of probable cost can be undertaken to understand the investment implications.

• Further discussion about utility needs and approaches needs to be undertaken with stakeholders in terms of the key catalytic projects. Until more detail for those specific projects are developed when those projects are initiated, utility needs and implementation cannot be assessed with any level of certainty,

Trails FundingThere are several potential federal funding or technical assis-tance programs to help implement the proposed trail network. The section of tail that runs along a former rail line could uti-lize resources available on the Rails to Trails Conservancy’s website (www.railstotrails.org). Other organizations include:

Recreational Trails Program (RTP) - Federal Highway AdministrationSince 1995, the Recreational Trails Program has helped con-struct more than 100 miles of trail. This program is man-aged by trail administrators in each state and only projects that meet certain criteria may be funded. These include the maintenance and restoration of existing trails, development or rehabilitation of trailside and trailhead facilities and linkages, acquisition of necessary easements, associated


DRAFTImplementation Report

administrative costs, and new trails and educational pro-grams. At least 30 percent of all RTP funds must be used for non-motorized trails. Private organizations are eligible for funds under the RTP, although this depends on the particular policies of each state. The trail administrators for Texas are:

Trey Cooksey, State Parks Trails CoordinatorTexas Parks and Wildlife Dept4200 Smith School RoadAustin TX 78744-3291512-389-8743; [email protected]

Andrew Goldbloom, Program Admin512-389-8128; [email protected]

Land and Water Conservation Fund (LWCF)This 50/50 matching grant program is administered by state agencies in cooperation with the National Park Service. Program funds are intended for the acquisition and devel-opment of outdoor recreation areas; trails are one priority of this program. In particular, funds will “target projects that would enhance urban parks and community green spaces,” with a focus on “developing blueways and public access to water resources and conserving large landscapes.”

Rivers, Trails, and Conservation Assistance Program (RTCA)RTCA is a technical assistance arm of the National Park Ser-vice dedicated to helping local groups and communities pre-serve and develop open space, trails and greenways. RTCA is an important resource center for many trail builders in urban, rural and suburban areas. While RTCA does “not award mon-etary grants or loans,” the program “supplies a staff person with experience in community-based outdoor recreation and conservation to work with partners” on the ground.

This technical assistance could be especially helpful in plan-ning construction of the bridge across the Middle Concho, which is about 150 feet wide in the vicinity of the former rail line. An 8 ft. wide pedestrian-bike bridge could be built, po-tentially using the piers that remain from the old rail bridge. This option would need direction by the Parks and Recreation Department, an engineering study with hydrological and hy-draulic study input, and community feedback.

As mentioned earlier, constructing a trail along the former

trail line would also require that rights of access be ob-tained by the City or a nonprofit for the areas where the trail line crosses property that is not owned by the City. The 1.8 mile trail crosses property owned by the City of San Angelo, two private landowners and the U.S. Bureau of Outdoor Reclamation.

■■■



DRAFTAppendix: Market Study

Comparable Lakes in West Texas

OC Fisher Lake/San Angelo State ParkCompleted in 1952, this lake was completed by the US Army Corps of Engineers for flood control on the North Concho River. Most of O.C. Fisher is leased to the Texas Parks & Wildlife Department and is known as San Angelo State Park and home to the Official Texas State Longhorn Herd. The park is opened 7 days a week throughout the entire year and has various daily entrance fees including: Adults for $4; Group-Adult for $2 each; with children 12 years and under are free. Annual passes are also available and include: Texas State Park Pass for $70 per year or Texas Parklands Passport that is free.

Activities include camping; picnicking; hiking, mountain bik-ing and horseback riding on multiuse trails; fishing; boating; a three-level orienteering course; and bird and wildlife ob-servation. The park has a hunting program with a State Park Annual Hunting Permit and special drawing hunts for deer and spring turkey.

The park has 50 miles of developed multiuse and divided trails for hiking, mountain biking and equestrian use. Visi-tors must provide their own horses. Equestrian camping is available in the North Concho Equestrian camp area. Pens and pole tethers are provided at the water/electric sites, and pole tethers are provided at the primitive sites. Water is located in the camp area and other locales throughout the park’s trail system. Equestrian events are held at the park throughout the year as well as rides offered through Rafter M Bar Trail Rides.

The park participates in the “Angler Education “Tackle Loan-er Program”. Individuals can rent rods, reels, and tackle box-es with hooks, sinkers, and bobbers.

Regular scheduled tours and requested tours for groups of 10 or more are available. Guests are taken to ancient Permian animal tracks and Indian petroglyphs. Other tours include nature tours, hikes, bison/longhorn tours, equestrian tours, historic and prehistoric tours, and stargazing parties.

Nearby attractions include Fort Concho, a restored historic fort; a historic shopping district on Concho Avenue; the Riv-erwalk; and the Cactus Hotel.

Twin Buttes ReservoirTwin Buttes Reservoir is located about 6 miles southwest of San Angelo and located immediately upstream from the Nasworthy Reservoir. This lake has approximately 9,800 wa-ter surface acres, 3,219 land acres, and 55 miles of shore-line. There are very limited recreational facilities around the reservoir. Camping is available but there are no developed campsites or hook-ups. Other activities include boating, fish-ing, and picnicking.

O.H. Ivie LakeLocated 55 miles east of San Angelo, O.H. Ivie Reservoir is found on the Colorado and Concho Rivers. It has three public recreation areas to camp, boat, fish, and picnic; Concho Rec-reation Area, Padgitt Recreation Area, and Kennedy Recre-ation Area that are open all year long. To enter any park there is a $5 entrance fee per vehicle per day or an annual vehicle pass can be purchased for $60 or $10 for senior citizens.

64

DRAFT

Concho Recreation Area and Kennedy Recreation area both offer numerous amenities including restrooms, large park-ing areas, cleaning stations, courtesy docks, concrete boat ramps, weigh stations, picnic areas, and camping. They also have available live bait and boat gas for purchase.

Padgitt Recreation Area does not offer as much recreational activity but does have restrooms, parking, courtesy docks, concrete boat ramps, picnic areas, and camping.

Lake Brownwood/Lake Brownwood State Park Lake Brownwood, located within Lake Brownwood State Park, is open every day year round. Children 12 and under are free to enter the park while adults incur a $4 entrance fee. A Texas State Parks pass is available for $70 that al-lows guests to join members for unlimited visits. Busy sea-son for all facilities is during the summer and cabins and lodges stay busy on weekends and holidays.

The park has numerous recreational activities including hik-ing, camping, picnicking, water skiing, jet skiing, boating, fishing, swimming, bird watching, and nature study.

There is a 2.5 mile hiking trail along with a .5 mile nature trail. Motor boats and jet skis are allowed. The park does offer ranger programs that include a variety of educational opportunities, events, and tours.

Other fees include: Campsite fees ranging from $12 to $25 per night, Screened Shelter rental at $30 per night, Cabin and Lodge rentals range from $65 to $290 nightly, Group

Dining Hall rental for $80 per day, or Group Recreation Hall with Kitchen rents for $250 per day.

Cabins and Lodges offer numerous amenities that may in-clude a fireplace, picnic figures, outdoor grill, living areas with couches, water, electricity, microwave, stove with oven, figure and chairs, bathroom sink, toilet, and shower, A/C unit, central air, heat, refrigerator with freezer, coffee maker, ceiling fan, beds, and an outdoor patio.

Hords Creek Lake Located in Coleman, Texas, Hords Creek Lake is operated by the U.S. Army Corps of Engineers, Fort Worth District. They offer fishing, camping, boating, restricted hunting, along with supplying water to Coleman County and providing flood control in West Texas.

The Lake has three parks that offer numerous amenities. The first, Lakeside Park is located on the north side and has a variety of developed camping sites including 6 sites with screen shelters. Provided within the park are re-strooms, drinking water, sewage dump sites, boat ramps, fishing piers, fish cleaning stations, and a nature trail. Flat Rock Park, located on the south side, has over 55 developed campsites. Amenities among them include electric, sew-age, restrooms, single and double occupancy services. Also found there are sewage dump sites, boat ramps, fishing piers, and fish cleaning stations.

Developed campsites cost between $16 and $44 per night. Both sites have group shelters/camping available with max occupancy between 50 and 200 with fees ranging from $40



to $260. All enclosed shelters have a kitchen with ameni-ties that may include restrooms, electric range tops, sinks, counters, ceiling fans, and a fireplace. Outdoor amenities may include a volleyball court, covered patio, figures, park-ing lots, restrooms with showers, grills, and playground. The third park, Friendship Park, is for day-use picnickers only. Along with the beach there are shaded benches and numer-ous day-use facilities available for guests.

Along the lake there are four beaches designated for swim-ming only. Two are located at Lakeside Park, one at Flat Rock Park, and one at Friendship Park.

Proctor LakeOperated and owned by the US Army Corps of Engineers, Proc-tor Lake consists of numerous amenities including boating, fish-ing, camping, hiking, equestrian trails, swimming and hunting.

The lake has an 18-hole golf course and four federal parks of 250 acres each. Two parks, Copperas Creek and Sowell Creek Park are open year round and each have over 60 camp-sites containing amenities that include electricity, water, and sewer hookups. Cost per night ranges from $16 to $50. Both parks offer boat ramps, dump stations, group shelters, parking, and restrooms with showers. Copperas Creek also offers an amphitheater and houses one park office.

The third park, Promontory Park, is open during the warm season from April 1st through September 30th. There is a range of camping, including screened shelters, priced from $16 to $38 per night. Amenities include boat ramps, dump stations, group shelters, a swimming area, restrooms, show-

ers, and a second park office. Group shelters at the three parks cost $90 through $190 and boat ramp access is $4.

Lastly, High Point Park is only open to overnight camping with a special permit. There is walk in access for shoreline fishing and parking as well as 10 to 15 miles of developed equestrian and hiking trails. This park is open for day use only.

Two wildlife management areas, Sabanna River WMA and Upper Leon River WMA, are available for hunting with a permit during hunting season.

Lake EV SpenceDrought conditions have made public boat ramps unavail-able. Also, fish population has been severely damaged by chronic golden alga blooms. Required day pass is $5 per ve-hicle. Four of the areas are open and may contain restrooms, cleaning stations, live bait, parking, courtesy docks, weigh stations, picnic areas, and camping. Many amenities may not be valid since from drought conditions. *

Natural Dam Salt Lake The lake is usually dry but has a capacity of 28,000 acre-ft. The reservoir is used for flood control when needed.

Lake JB ThomasJ.B. Thomas Reservoir, located in Canyon, Texas, was built in 1952 and was one of the first and only lakes in West Tex-as. It now can be accesses with a day pass entrance fee of $5 per vehicle that covers all persons in the vehicle. Annual passes are available for $60 or $10 for senior citizens. Open all year long, this reservoir has 5 parks that include parking

66

DRAFT

and a marina with boat ramps for public use, pavilions, fire pits, restrooms, fishing, picnic areas, and live bait. Two of the state parks also offer camping.

Lake Colorado City/ Lake Colorado City State ParkLake Colorado City State Park is open year round Thursday through Monday with an adult entrance fee at $4 per day, group adult fee at $2 per day, and children 12 and under are free. Busy season for this park is Easter weekend through Labor Day. This park features 500 acres of natural habi-tat and over 5 miles of shoreline which provide numerous activities for swimmers, skiers, jet-skiers, campers, hikers, boaters, fishers, and nature lovers.

Amenities included are restrooms and showers, dump sta-tions, picnic areas, a designated swimming area, parking, a boat ramp, fishing piers, and playgrounds.

Also, there are over 110 campsites with water and some with electricity that range from $15 to $22 per night as well as cabins for $55 per night, a group recreation hall with kitchen for $200 daily, and a group picnic pavilion for $40 daily. Kayaks with paddles and life vests are available for rent at the park.

Texas Boat Tours/Attractions

Lonestar Riverboat Tours:Located on Lake Lady Bird in Austin, Texas, this family owned operation consists of three boats that are used for public sightseeing tours and privately chartered events. The Little Star, capacity 34, and the Southern Star, capacity 60,

are eclectic pontoon cruisers that offer hour long scenic and bat watching tours from March through October. The tours cost $10 for adults, $8 for seniors, and $7 for children under twelve. The third boat of the fleet is the Lone Star, a dou-ble-decked, paddle-wheel riverboat. The 75’X16’ boat is the nations largest all electric powered paddle wheeler. With a capacity of 150 people, the Lone Star is used for a variety of private events and parties. A two hour charter of the boat will cost $18 a person, for groups of 30 to 80 people, and $16 a person for parties of 81 to 150. A third hour can be added for an additional $200 and catering can be included for an additional cost.

Austin Party CruisesAustin Party Cruises consists of three upscale pontoon cruisers that host year round charter cruises for birthdays, weddings, receptions, dinners, graduations, company par-ties, casino parties, and sightseeing tours to name a few. The excursions take place on Lake Austin and pass by some of Austin’s most popular sights and landmarks such as Mt. Bonnell, the Loop 360 arch bridge, the Austin Country Club, and the Westlake estates. The three boats hold up to 70 people inside and out on the deck with Celebration having seating for up to 65 inside, Jubilee 40 inside, and the Fes-tival having seating for 25 inside. Pricing varies based on the size of the group, the length of the cruise, catering & beverage options, and seasonable considerations.

Sunshine Machine Boat ToursLocated on Lake Austin at the Ski Shore Marina, the Sun-shine Machine is a pontoon cruiser that offers private char-ters for up to 30 people. The boat can be chartered for 1 to 6



hours for office parties, swimming parties, weddings, team building events, wildlife watching, and much more. An hour-long charter costs $150 an hour for up to 10 people with an additional $5 a person per hour for each guest over 10. Ca-tering is also available for any charter at an additional cost.

Vanishing River Cruises by Canyon of the EaglesVanishing River Cruises offer a variety of ecological cruises through Lake Buchanan and the Colorado River. Native Tex-as wildlife, waterfalls, bird watching, and bald eagle sight-ings are just a few of the sights offered. Tours are given on

68

DRAFT

the Texas Eagle II, a double-decked boat with a capacity of 120 passengers. Cruises range from two hours for scenic and history cruises to four hours for the eagle watch cruises. The two-hour tours cost $20 for adults, $17.50 for seniors, and $12 for children. The eagle watching tours cost $42.45 for adults and $37.19 for children. Food can be added for an additional fee. Private charters are also available for a vari-ety of occasions including weddings, dinners, anniversaries, and corporate events.

Glass Bottom Boat ToursLocated at the Aquarena Center at Texas State University in San Marcos, the glass bottom boat tours have been in operation since 1946. The Center hosts more than 125,000 visitors annually and teaches about river resources, aquatic life, and the ecosystem of Spring Lake and the San Marcos River. The five glass boats in operation are a large part of these lessons allowing visitors to view the inhabitants in their natural habitat. Thirty-minute tours are offered year round and cost $9 for adults, $7.50 for seniors, and $6 for children 15 and under.

Dolphin Baywatch ToursLocated in historic Galveston Harbor, this family owned and operated business offers dolphin watching tours and private charters year round. The Baywatch 1 and the Baywatch Too, are both dolphin safe jet drive boats (no propeller) with a capacity of 38 passengers. Hour-long tours run year long and cost $10 for adults and $5 for children twelve and under. The boats are also available for private charter at the cost of $350 per 45 minutes. Catering can also be included for an additional cost.

Galveston Historical Foundation Harbor ToursDocking at the Texas Seaport Museum in Galveston Harbor, the Seagull II is a 50-foot twin-engine motor vessel built specifically for harbor sightseeing tours and education. In addition to touring the historic Galveston Harbor, tours take passengers out into Galveston Bay where dolphins and a variety of birds can be seen and explored. Hour long public tours cost $10 for adults and $8 for students eighteen and under. In addition to public tours the historical foundation also offers a variety of field trip options including ones on Harbor History, Environmental Science, Ornithology, and Marine Biology. Costs of these tours range from $8 to $16 a student. Private charters are also available for reservation through the Galveston Historical Foundation.

Colonel Paddlewheel Boat CruisesThe Colonel Paddlewheel Boat is an 800-passenger authen-tic replica of a 19th Century style Paddlewheeler. The boat offers hour-long tours of the Offatts Bayou year round at the cost of $11 for adults and $9 for seniors and children. The boat gives dinner cruises on the second Saturday of every month. For 65$ a person, diners are treated to a dinner buf-fet, nonstop dancing, and a cash bar. The boat also features two large party rooms with a dance floor and bar that can be rented out during the regularly scheduled tours.

Capt Kidd ChartersSailing on Galveston Bay, Capt Kidd is a 19th Century repli-ca, 55’ topsail schooner that can carry a maximum of 28 passengers. Two hour public tours are offered year long at the cost of $25 a person for daytime sails and $30 a person for evening sails. Special event tours are also offered, such as a 4th of July Firework cruise for $50 a person. Capt Kidd Charters also has a 44’ yacht named the Flying Pearl, that is available for private charters. Maximum number of pas-sengers is six and a two-hour charter costs $295. Additional time can be added at an hourly rate of $125 an hour.

Tranquil Sails & ServiceTranquility is 35’ yacht that offers private charters for up to 6 people on Grapevine Lake. Cruises offered include Romantic Cruises, Sunset Cruises, Wedding Cruises, Day Cruises, and a variety of special events. Two-hour charters cost $60 per person.

Whooping Crane Boat ToursThe Warf Cat is an 84-passenger boat that offers Whooping Crane tours through the Aransas National Wildlife Refuge from November through April. Local naturalists narrate the boat tours teaching passengers about the Whooping Cranes and other native wildlife. Tours depart for the wildlife refuge from two different locations, Port Aransas on Tuesdays and Rockport Harbor on Wednesdays through Sundays. The Port Aransas tours take around 90 minutes while the Rockport Harbor tours take 45 minutes to complete. Prices for all tours cost $50 for adults, $48 for seniors, and $25 for children.

Dolphin EncountersSailing in the surrounding bays and channels of Port Aran-sas, Kohootz is a 36’ catamaran with an upper and lower deck. With seating for up to 26 passengers, the Kohootz offers year round, 90-minute tours of the Intercostal Key


DRAFT

Islands of Port Aransas. The tour will feature dolphin sight-ing, native & migratory birds, the Lydia Ann Lighthouse, and narrated historical accounts throughout. These tours cost $25 for adults, $16 for children 4-12, and $8 for children 3 and under. The boat may also be chartered for a variety of private group theme cruises.

Rio San Antonio Cruises River Tour:Located on the San Antonio River along the River Walk, the Rio Cruises take visitors along the river through downtown San Antonio. Opened year round, these 35-minute cruises which depart every 15 minutes, cost $8.25 for adults, $2 for children under five, and $6 for Bexar County residents and se-niors. A tour guide narrates the to up to 40 passengers about the various locations located along the Riverwalk. In addition to the public tours, the Rio boats also offer a river taxi service that stops at 39 locations along the river walk for a one was cost of $5 or a 24-hour pass for $10. Private dinner cruises, cocktail cruises, and chartered tours are available to book at the cost of $100-$500 depending on the package.

Historical Brazos River ToursThe Brazos Belle is a paddle-wheeled replica of, Hiawatha, an 1880’s vessel that was operated by Captain Travis Smith for the Colombia Transportation Company. The boat, which has operated out of Belle’s landing since 2011, has a maxi-mum capacity of 49 passengers and offers various historical tours on the Brazos River. The 90-minute tour goes up and down the river with a stopover in historic East Columbia where buildings from the 1800s are explored. Tours cost $25 a person and run year round but there must be at least 20 passengers for the tour to take off. Longer trips to explore the 28-mile river, special events for bird watchers and con-servationists, and weddings can be arranged on a case by case basis for an additional cost.

Buffalo Bayou Boat ToursLocated on the Buffalo Bayou, the Spirit of the Bayou is a 21-person pontoon tour boat that travels through the heart of downtown Houston. 30-minute scenic and twilight tours take passengers past various historical and famous sites through-out the city. These tours are offered year round and cost $7 for adults and $5 for children 12 and under. Twice a month from June to October, 45-minute bat sighting tours are offered at the cost of $35 for adults and $25 for children. 90-minute pri-vate charters are also available year round at the cost of $300 to $420. Any of the listed tours can be suspended at anytime

if the waterways are closed due to Houston’s weather, such as if flooding or fast moving water occurs.

Southern Empress CruisesDocked out of the Sunset Harbor Resort on Lake Conroe, The Southern Empress is an authentic replica of a 1800s era sternwheeler riverboat. The Southern Empress 131’ long, 40’ wide and consists of three decks. The main deck serves as the ships primary dining room, casino, or wedding hall. The second deck is the ships entertainment center with a dance floor, bandstand, and bar. The third deck is a split- lev-el open deck that is used observing the lake, the surrounding nature, and sunsets. The boat offers a variety of three hour cocktail, lunch, and dinner cruises year round. A lunch cruise costs $40 for adults, $30 for children, and $35 for seniors. Wedding and corporate event cruises are also available for private bookings.

■■■

Appendix: Market Study

3100 McKinnon Street, 7th FloorDallas, TX 75201

o. 817.348.9500 f. 214.451.1176

www.vialtagroup.com

City of San Angelo

Memo

Meeting Date: November 5, 2013


From: Kevin Boyd, Planner

Subject: Z13-28: Greg Huling, a request for approval of a zone change from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) to allow for multifamily dwellings, on the following property:

Location: An unaddressed 5 acre tract, located approximately 280 feet south

of the intersection of Southland Boulevard and Green Meadow Drive; more specifically occupying the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo.

Purpose: Approval of this request would zone the property Low-Rise Multi-

Family Residential (RM-1)

Contacts: Greg Huling, Owner 325-374-8000 Kevin Boyd, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z13-28: Greg Huling

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo,

2

changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be

more appropriate; or

(3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends modifying the proposed zone change request from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1). Planning Commission recommended approval of the request High-Rise Multi-Family Residential (RM-2) by a vote of 5-2 on September 16, 2013.

3


At its October 1, 2013 meeting, the City Council tabled the initial request for High-Rise Multi-Family Residential (RM-2) zoning. Since that time, the applicant has reconsidered his request and is now seeking Low-Rise Multi-Family Residential (RM-1) zoning for the property.

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, undeveloped land Surrounding Zoning/Land Use: North: General Commercial (CG) Sam's Club, Willow Ridge

(residential community), Auto Paradise Car Wash, Affordable Self-Storage and open space

West: Single-Family Residential (RS-1) and Ranch & Estate (R&E)

Open space

South: Single-Family Residential (RS-1) and Zero lot line, Twinhome and Townhouse Residential (RS-3)

Open space and Prestonwood Addition (residential community)

East: Single-Family Residential (RS-1), Zero lot line, Twinhome and Townhouse Residential (RS-3) and Low-Rise Multifamily Residential (RM-1)

San Angelo Fire Station No. 2, James Bonham Elementary and a telecommunications facility

Thoroughfares/Streets: Southland Boulevard and Green Meadow Drive

are identified as a “collector streets”, which are designed to connect local traffic to arterials and generally carries traffic at a moderate rate of speed.

Mills Pass Drive is identified as a "local street",

designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets.

Zoning History: The property was annexed within the city-limits

and zoned R-1 (the same classification as the current RS-1 zoning) in September 1991.

4

Applicable Regulations: Residential development standards are outlined in Section 501 of the Zoning Ordinance.

Development Standards: All required off-street parking and the

connection(s) to a public right-of-way are required to be paved.

Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby

commercial and residential use of land and buildings.”

"Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."

"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods."

"...encourage appropriate and supportive infill development at Neighborhood Centers."

"Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers."

"Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers."

"...slowly reorganize commercial corridors into clusters..."

"Create new physical connections to neighborhoods lined with transitional and intermediate uses."

"Variety of residential product types - multifamily, townhomes, courtyard homes, patio homes, etc."

5

Special Information

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

Parking Requirements: Vary depending upon the use of the property, see

Section 511 of the Zoning Ordinance. Parking Provided: No parking exists on-site, once development

occurs, parking will be required. Density: Mainly large tracts of undeveloped land surround

the property. Some tracts have be subdivided and developed into smaller lots for single-family housing. The Vision Plan calls for 'Neighborhood' type development in the area.

Notification Required: Yes Notifications Sent: (see attached)

Responses in Favor: 1 Responses in Opposition: (see attached)

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

6

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. The subject property measures roughly 5 acres and only has frontage along Southland Boulevard. Currently it is zoned Single-Family Residential (RS-1), the proponent seeks to rezone the property to allow opportunities for multifamily residences. Staff finds that proposed RM-1 is the most suitable zoning for area given aspects of the surrounding environment. RM-1 is compatible with the long-range Plan which envisions neighborhood development in the area. If RM-1 is approved, no changes will be needed to amend the current Vision Plan Map of the Comprehensive Plan. The requested zoning will be consistent with aspects of the Zoning Ordinance, thus staff's recommendation of RM-1. The current, RS-1 zoning does not allow for multifamily residential development. RM-2 is the most intensive residential zoning in the city and the district will explicitly allow for the development of multifamily dwellings and group living structures. RM-1 allows for the greatest range of housing options of the residential zoning districts - single-family detached structures, accessory apartments, two-family dwellings, zero lot line dwellings, twin homes, townhouses, multifamily dwelling and group living structures are allowed in the district. Conditional uses for both districts include religious institutions, safety services and schools – these uses are exceptions to Ordinance and require approval by Planning Commission. Issues of scale also factored in staff’s recommendation. RM-2 allows for development of multifamily dwellings – with a maximum density of 35 units per acre, RM-1 allows for 25 units per acre – the reduced amount in units translates into the potential for less vehicle trips generated by the site (assuming that the site is built to the maximum level of units allowed and each household unit had more than one vehicle). Much of the surrounding structures measure less than 2 ½ stories in height, RM-2 does not have a height requirement and allows for high-rise development that measure 3 or more stories. RM-1 limits multifamily dwellings to low-rise, two-story or walk-up apartments (each at which cannot exceed 2 ½ stories). The Floor Area Ratio, FAR, or maximum buildable space

7

in a RS-1 zone is 0.40 or 40 percent; it is 0.75 or 75 percent in a RM-1 zone and increases to 1.00 or equal to the total square footage of the lot, in a RM-2 zone. Much of the surrounding development in the area is residential, which varies from medium to high density residential. The patio homes are most common housing type in the area, placed on zero lots, other housing types in the area include single-family detached housing and apartments. There are several large undeveloped tracts in the area, some have been recently subdivided into smaller lots for development of homes and commercial uses. Commercial tracts exist north of the site along Southland Boulevard and points west - some of which have been developed into business establishments. Two residential tracts to the west were recently annexed into the city within the past couple of years, the most recently approved Final Plat in the area (on the adjacent lot) seeks to subdivide the tract into much smaller lots for single-family development. Immediately south of the site is an undeveloped, 4 acre tract that is unincorporated and not annexed into the city. Bonham Elementary School is situated immediately east of the site, approval of this request will provide new students with a walkable experience back and forth to school. Given the fact that the street segment that adjoins the street is within a school zone reduces the designated speed limit of 30 mph to 20 mph when the school zone sign is flashing.

Given the intensity of the proposed zoning, this transition may have some effects on the natural environment. RM-1 and RM-2 allow for multifamily residential uses - affects on the natural environment will depend largely on the intensity of the use. Unlike RM-2, RM-1 also allows for a wider range of housing options to include low intensity developments such as single-family detached dwellings and twin homes. These developments, on the micro-level, place less strain on the environment than multifamily and group living structures. Multifamily residences generally have significantly larger footprints that result in a higher percentage of impervious surfaces. Contrastingly, on a much larger scale, higher intensive, compact developments are usually a better use of the land. This is the case since living units tend to be smaller and are able fit more household units in a confined space and usually results in greater green space (huge variables exist with the property’s location and scale of the project). RM-1 is more suitable for an environmental perspective, it offers flexibilities in land development and does not merely limit development to multifamily dwellings, which carries substantially larger footprints. Uses allowed in the district are unlikely to pose major environmental risks to the area, in terms of leakages and contaminations that heavy commercial and industrial uses may pose. An internal site review will be conducted by staff before a permit is issued to ensure that the project is structurally compatible to applicable building standards and has proper drainage. The requested zoning represents a community need. There is a need for more housing in the city. RM-1 and RM-2 zoning will allow for higher intensity development. Both districts are currently underutilized in the city, but this is more-so the case with RM-2. Given the uncertainties in the level of the traffic generated from the site with RM-2

8

zoning, RM-1 is the most suitable zoning for the area. The RM-1 zoned area will provide opportunities for medium to high density development with easy access to the street and a diversity of housing options in the area. The recommended request seeks to add more density in an area which is somewhat established. There is already existing water and sewer line connections and there will not be a need to extend public services to the site. The site has close proximity and access to major roadways - it measures roughly 2,120 feet south of Sherwood Way, identified as a major arterial in the city's Thoroughfare Plan. In terms of RM-2 zoning, the proposed zoning poses heightened concerns with increased traffic along Southland Boulevard and a potential choke point within a designated school zone (then again, we cannot assume that most of the traffic generated by the site will occur during periods in which students enter and leave the nearby school). The property has over 400 feet of frontage along the street, no other street is accessible from the property. The 2008 Traffic Counts for Southland Boulevard reveal that nearly 6,000 motorists travel on the street on a daily basis - it is clearly one of the busiest collector streets in the city. While the street meets the minimum paving width requirement for a collector street (which is 50 feet), the roadway is currently limited to two-way lanes. The acceptable volume of traffic along a two-way lane roadway is greatly reduced from that of a four-way lane road. Increased traffic generated by site will contribute to traffic congestions in the area. The recommended, RM-1 zoning already exists in the area. Higher intensive, RS-3 and RM-1 zoning exist further along Southland Boulevard and allow for a variety of housing opportunities - zero lot line, twin homes and townhomes and apartment development, respectively. RM-2 exists a third of mile away (around 1,500 feet) west of the subject property, laterally extending from an area along Sherwood Way – which staff has determined better accommodates increased traffic loads than Southland Boulevard. Compact development, in this case, is a more responsible pattern of development for the area - it will supply the growing demand for additional housing, while developing on the least amount of land possible and preserve needed green space. The property is situated immediately south of a large commercial node that includes retail giants - Walmart, Sam's Club and Lowe's Home Improvement - as well as Chick-fil-a, Wendy's and Dairy Queen. Given the infrastructure in place at this time, the area is conducive for walking (however, the area streets lack sidewalks) - certainly alternative modes such as biking is an option for nearby residents in area with numerous commercial activities within a relatively short distance. Proposed Conditions

N/A

9

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

Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting

the subject property; Excerpt of the favor/opposition notification map; Draft minutes from 09/16/13 Planning Commission Meeting; Draft Ordinance; and Citizen Reponses.


Reviewed by: Jeff Hintz, Interim Senior Planner (09/09/13)

11

12

13

14

E. Z 13-28 Greg Huling A request for approval of a zone change from Single-Family Residential (RS-1) to

High-Rise Multi-Family Residential (RM-2) to allow for multi-family dwellings, on the following property:

An unaddressed 5 acre tract, located approximately 280 feet south of the

intersection of Southland Boulevard and Green Meadow Drive; more specifically occupying the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo.

Kevin Boyd, Planner came forward to present the case, consistent with staff’s

recommendation of modification RM-1 zoning. 5 notices were sent and one was received in favor and one in opposition. Mr. Boyd used photos and maps to orient the commission with the area and subject property. At this time the property is vacant and nearby an elementary school, fire station and a commercial hub of the community adjacent to Sherwood Way. There are also planned residential subdivisions and existing residential subdivisions in the vicinity of this property.

RM-1 zoning will seek to reduce traffic on the site and reduce the scale of the

development on the property. RM-1 more closely matches the development of the surrounding property and the area. RM-1 allows lower units per acre ratio and would limit the scale of development on the property. RM-1 is a way to keep the traffic down as well; conceivably all the units could have a driver and automobile or more, the RM-1 will also provide more flexibility on the property allowing for townhomes, single-family residential, accessory apartments, as well as multi-family dwellings.

Ms. Priess asked about the zoning on the property and why staff recommended

the RM-1 zoning. Greg Huling came forward to speak in favor of the request and wanted to ask the

commission to consider RM-2 zoning given the commercial development in the area. The playground and parking lot are the school properties that are directly across from the subject tract. Mr. Huling did not believe that additional traffic in the area would be an issue. Mr. Huling asked the commission to consider RM-2 on the property instead of staff’s recommendation of RM-1.

Ms. Jackson asked about the project and the intent behind the request and Mr.

Huling indicated that the project would be 3 stories. Mark Crisp had a concern over the traffic, in 2008 there were 6,000 cars per day

travelling on the street given the neighborhood and the school in close proximity. Rocky Templin came forward to speak in opposition of the request based upon

the height and density requirements allowed for in RM-2 zoning districts.

Ms. Jones asked if Mr. Templin if he had done a traffic study of the area, Mr. Templin indicated he had not.

Sammy Farmer asked the applicant if he would consider RM-1, the applicant

indicated that he would be ok with RM-1 in contrast to RS-1 which is what the property is zoned right now.

Ms. Fawver came forward to consider the fact of what it would take to introduce

and commission a traffic study of the area. Ms. Priess asked the applicant if he would be able to live with an RM-1 zoning

designation. Mr. Huling asked if the commission would consider RM-2 or table the request to allow him to work with staff, do a traffic study, and talk to commission members, and Mr. Templin.

Ms. Fawver addressed the concern over a traffic study and that funding would be

required and may in all likelihood not be available at this time given the budget for the next fiscal year has recently been approved.

Ms. Jones commented that tabling the request may not achieve what the

applicant desires in the end. Mr. Wynne expressed that the economics for RM-1 would work in his estimation.

Mr. Wynne also expressed a concern over traffic near the school and discussed the traffic circulation in the area

Mr. Huling mentioned he had a feasibility study done on the property and some

preliminary drawings for the proposed structures as well. Sammy Farmer mentioned that people pulling out from a driveway would be

more ideal than people backing out from traditional RS-1 homes. Mr. Huling brought up the driveway at the school and that the pickup area was

further south from the subject property. The intent of Mr. Huling is to have his exit to Southland as far north as possible in addition to a secondary access that might be required.

Lynsey Flage came forward to clarify that the teacher parking zone is also used

for pickup of 2nd and 3rd graders. She had some concerns about the traffic in the area as well and from parking in front of the proposed development.

Ms. Jackson stated that there is a need for housing development in the

community and that apartments could alleviate this concern; this appeared to be a good location for them.

Sammy Farmer asked Mr. Templin if he would be opposed to RM-1 on the

property. Mr. Templin stated that he would be in agreement with RM-1 as a compromise.

Bill Wynne asked about the development on the property and Mr. Huling explained his project a little bit further.

John Young asked about future development to the west of the property which

was clarified by staff. Motion to zone the property RM-2 was made by Bill Wynne and was seconded

by Teri Jackson. The motion passed 5-2 with Valerie Priess and Mark Crisp voting in opposition.

A ten minute recess was called at 10:25 AM The meeting resumed at 10:38 AM, a quorum of 7 members was present.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Low-Rise Multi-Family Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-28: Greg Huling

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

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

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

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

by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed 5 acre tract, located approximately 280 feet south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo, shall henceforth be permanently zoned as follows: Low-Rise Multi-Family Residential (RM-1) District.

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

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

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

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

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

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

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

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

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


____________________________________


ATTEST:

________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San

Angelo

Memo




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

Location: An unaddressed tract, located approximately 800 feet south

from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo.

Purpose: Approval of this request would zone the property General

Commercial

Contacts: Nathan McQuillan, representative 325-515-4141 Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: First Public Hearing and consideration of introduction of an

Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-36: SAS Texas Properties LLC AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”

OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract, located approximately

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


(1) Approve the proposed zone change; or

(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or

(3) Deny the proposed zone change.

Recommendation: Planning staff recommends approving the proposed zone change. On October 21, 2013 the Planning Commission recommended approval of this request 6-0.


General Information

Existing Zoning: Heavy Commercial (CH) Existing Land Use: Undeveloped, vegetated property with

billboard. Surrounding Zoning/Land Use: North: RS-1 Undeveloped, vegetated property West: ML Outdoor storage & golf course South: CG & RS-1 Neighborhood & self-service warehouses East: RS-1 Low density single-family residences

Thoroughfares/Streets: The North Bryant Boulevard is defined as

an "arterial" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.

Zoning History: This property was incorporated within City

Limits prior to 1949 and retained a residential zoning status until June 27, 1997, when it was rezoned to Heavy Commercial (ZC97-28).

SU 13-06 was a request for a

Campground/RV Park on the subject property which was tabled by the Planning Commission.

Applicable Regulations: Allowed uses for this property can be

found in Section 310 (Use Table) of the Zoning Ordinance.

Vision Plan Map: Commercial & small portion of

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

“Neighborhoods” is to “improve the relationship between adjacent commercial and residential properties”.

“Commercial properties tend to be

organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.”

“All residents within each neighborhood

boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”

“Promote better transition between nearby


“Organize commercial uses in nodes to

avoid deteriorating corridors.”

Special Information

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

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

Parking Provided: No parking exists on this property at this

time. Density: This area sees very low density

development, but is generally sparsely developed and remains in a natural state.

Notification Required: Yes Notifications Sent: 19

Responses in Favor: 1 Responses in Opposition: 1

Analysis:

In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.






7. Development Patterns. Whether and the extent to which the proposed

amendment would result in a logical and orderly pattern of urban development in the community.

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

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

N/A

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

excerpt from zoning map, highlighting subject

property;

aerial photo, highlighting subject property; excerpt from the Comprehensive Plan Vision

Map highlighting the subject property; Draft minutes from October 21, 2013 Planning

Commission; Citizen responses to notice of Zone Change;

and draft ordinance.


B. Z 13-36: SAS Texas Properties LLC A request for approval of a zone change from Heavy Commercial (CH) to

General Commercial (CG) to specifically allow for a "Retail Sales & Service" as defined in Section 315.G of the Zoning Ordinance on the following property:

An unaddressed tract, located approximately 800 feet south from the intersection

of Humble Road & North Bryant Boulevard. This property specifically occupies the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo.

Jeff Hintz, Interim Senior Planner comes forward to present this case consistent

with staff's recommendation of approval. 19 notifications were sent and one was returned in favor one was in opposition. Mr. Hintz presented area maps and pictures of the site. Much of the proposed zoning is consistent with the Vision Plan. Self-storage warehouses and apartments are located to the south of the property. A zone change request from RS-1 to CH in 1997 is when the property obtained its current designation. Some commercial zoning already surrounds the property. This request represents consistent and orderly development in the area. CG will have less potential impacts on the environment and offers a suitable transition to the residential zoning to the east and south when compared to the CH zoning on the site now.

Darlene Jones asks if the entire property is the subject to this zone change. Valerie Priess mentions that changing the zoning will make things better for the

surrounding area than the current zoning. Nathan McQuillian a representative came forward to speak in favor of the

request. No one else came forward to speak in favor or opposition Mark Crisp made a motion to approve the zone change, which was seconded by

Bill Wynne and passed 6-0.

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

RE: Z 13-36: SAS Texas Properties LLC





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed tract, located approximately 800 feet south from the intersection of Humble Road & North Bryant Boulevard. This property specifically occupies the Lakeside Gardens Addition, Block One, Lots 28-31 in northwestern San Angelo shall henceforth be permanently zoned as follows: General Commercial (CG) District.











____________________________________


ATTEST:


City of San Angelo

Memo



From: Roxanne Johnston, Planner Subject: Nelson Avenue/Alley Abandonment Request: Teri Jackson requesting abandonment at the following location:

Location: a complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo.

Contacts: Teri & Roy Jackson, Owner 325-656-0621 Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of the complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to the property outside of the City Limits, -AND- an abandonment of the compete 13-foot wide right-of-way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo. AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING UNIMPROVED STREET AND UNIMPROVED ALLEY SEGMENT, TO WIT: a complete unimproved 60-foot wide public right-of-way for

Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS


1. Approve the proposed abandonment; or

2. Approve the proposed abandonment subject to conditions; or

3. Deny the proposed abandonment.

Recommendation: City staff recommends approving the proposed street & alleyway abandonment subject to conditions listed at the end of this report. Planning Commission recommended approval of this request by a vote of 6-0 on October 21, 2013.


The original final plat for the Goodfellow Court Annex, wherein the proposed abandonment section of Nelson Avenue and the alley north of Lot 8 is located, was recorded on May 13, 1950. Both proposed right-of-ways and the lots along these right-of-ways have remained unimproved since this plat was recorded. Therefore, although the current Subdivision Ordinance requires public improvements or a bond be in place prior to the plat being recorded, thus ensuring the improvements are made, this was not always the case. The applicant owns Lots 8-13 and seeks to re-plat these lots into a single lot. With approval of this abandonment request and a re-plat, the abandonment would convert Lots 8-13 & the rights-of-ways into one cohesive property, which could render the land more usable. Era Street would be the primary improved access point to the proposed future lot.

Staff has found no evidence showing that the portion of Nelson Avenue under consideration was ever used for public access and based on a site visit, it appears that it most likely was never intended to be a through street. Staff noted that it does appear to serve as a natural drainage site to the area, flowing from north to the south towards Era Street.

General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: vacant land Surrounding Zoning/Land Use: North: RS-1 Vacant property West: RS-1 Single family residences South: RS-1 Vacant property East: Non-annexed Agricultural property

Storm Water/Drainage: Abandoning the street segment is not expected to

create any storm water or drainage changes for the area providing an unobstructed easement is maintained.

Topography: Abandoning the street is not expected to change

the topography of the area. Water/Sewer Utilities: Abandoning the street is not expected to prevent

access to public utilities. Fire Protection: Abandonment of the street and alley is not

expected to generate any fire apparatus access issues.

Access Management: Abandoning the street and alley is not anticipated

to cause any issues regarding emergency access. Notification required: Yes Notifications Sent: 13 Received In favor 1 Received in opposition 0

Special Information

Private Utilities: There are no private utilities facilities within the

proposed abandonment.

Basis for Recommendation

As mentioned earlier in this report under the ‘History and Background’ section, the plat tied to the area in question was recorded in 1950. Since that time, development requirements have changed within the city; some of which are tied to public safety such as improved provisions for emergency access. Because the changes are significant enough to actually prevent all of these lots from being developed, staff has discovered several reasons to recommend approval of this proposal.

To begin examining reasons for recommending these abandonment approvals,

staff examined the Thoroughfare Plan. This plan does not depict Nelson Avenue as continuing to the north across Goodfellow Draw nor the Concho River further north. Also, Lots 8-13 have not been developed, and paved access to them does not exist. More importantly, these right-of-ways do not conform to the design specifications required in Chapter 10, Section III of the current Subdivision Ordinance. If the same plat were submitted to the City today, the developer would need to re-subdivide in order to meet current subdivision and subsequent permitting requirements. For example, the current plat for the portion of the alley to the north of Lot 8 shows the alley to be well under the minimum of 20 feet in width. It is currently 13 feet wide. Because it is simply too narrow to be a feasible right-of-way, staff recommends approval for the alleyway abandonment.

Additionally, Nelson Avenue dead ends beginning at the northeast corner of Lot

8 with no provision for a turnaround. Chapter 9, Section III.C.1 of the Subdivision Ordinance states “In no instance should a dead-end street, without a temporary turnaround, be longer than one hundred-fifty (150) feet.” Nelson Avenue dead ends approximately 485’ north of Era Street which is therefore more than double the maximum 150 feet required by today’s Subdivision Ordinance. This same section also requires a cul-de-sac turnaround for permanent dead end streets. Therefore, neither a temporary turnaround nor a cul-de-sac is currently in place in order to provide the necessary emergency vehicle access to area lots. Furthermore a cul-de-sac requires a width of 90 feet which would essentially wipe out a section of Lot 8 since the property to the east is not included in the subdivision. The owner of the neighboring property to the north and east (which is located outside of the City Limits) would not be required to dedicate property for easements and right-of-ways unless they themselves were creating a subdivision. Abandoning Nelson Avenue and the alley here makes sense providing the proposed condition of re-platting Lots 8-13 into one lot were met. Future development of such a lot would undergo review by city staff which would address any requirements that would need to be met for the development.

In the review process for these right-of-way abandonment proposals by staff,

there was concern that the tract of land directly north of Nelson Avenue and the alleyway would be blocked from public access, which normally goes against Chapter 9, Section III.A of the Subdivision Ordinance which states “No lot shall be created in any subdivision or resubdivision unless the lot has direct abutting access to an approved, accepted and publicly dedicated street right-of-way.”

After review, however, it was determined that approval of these right-of-way abandonment requests would not affect neighboring properties, which are currently being used as agricultural farm land, because these properties share the same owner. Although this owner has been using Nelson Avenue as an access point at the farthest northeastern corner, he has other access options that can be addressed at a later date through the City’s review process, which is required for any future development, should the neighboring property go through a subdivision process and become annexed. This review would ensure that access will reach each newly created lot.

If these right-of-way abandonment proposals are approved with the

recommended condition of re-platting the lots into one lot, traffic generated by this approval, once development commenced, would most likely be only slightly more than what exists now. However, potential traffic to the newly created lot would be much less than if the lots were developed individually since there would be no more than one primary structure. The shared alley that bisects Block 3 of the subdivision would remain in question staff therefore does not foresee any major change to area properties should these abandonments be approved. Again, the street is currently unimproved and the dead end of Nelson Avenue does not meet the current requirements for a safe dead end in terms of emergency egress since it is not wide enough for emergency vehicles to maneuver and also because the street exceeds the maximum length as outlined in Chapter 9, Section III.C pertaining to dead-end streets. Additionally, approvals with conditions may provide an opportunity here for a much better opportunity for infill purposes as well as continuing to support neighborhood development, which is consistent with the Vision Plan, Comprehensive Plan and the Zoning Ordinance.

Proposed Conditions

1. Replat Lots 8-13 & abandoned rights-of-ways into a single

lot. 2. Retain an unobstructed drainage easement along Nelson

Avenue of sufficient width to provide adequate capacity of rainwater flows from Era Street. Said easement shall be reserved on the plat document.

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

the City of San Angelo; excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; excerpt from Vision Plan map, highlighting subject area;

citizen response letter(s); draft minute record of the 10/21/2013 Planning Commission

meeting; and draft ordinance. Presentation: Jeff Hintz, Interim Senior Planner Reviewed by: Jeff Hintz, Interim Senior Planner (10/11/13)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, OCTOBER 21, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Teri Jackson, Mark Crisp, Valerie Priess, Darlene Jones, Bill Wynne, Sammy Farmer ABSENT: John Young STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner 3. Requests for Right-of-Way Abandonment. [Planning Commission makes recommendation; City Council has final authority for approval.] A. Nelson Avenue projecting north from Era Street and an alleyway north of Lot 8, Block 3, of the Goodfellow Court Annex: Teri & Roy Jackson Requests to abandon segments of right-of-ways at the following locations: A completely unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo Mark Crisp made a motion to approve the consent agenda which was seconded by Sammy Farmer and passed 5-0. Ms. Jackson returned to the meeting.

AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: A complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of- way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo; AUTHORIZING THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS WITHIN THE CITY LIMITS; PROVIDING FOR THE TERMS AND CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING PROPERTY OWNERS

RE: abandonment of public right-of-way for the complete unimproved 60-foot wide public right-of-way for Nelson Avenue extending north for a distance of 485 feet from Era Street, east of Block 3, Lots 8-13 of the Goodfellow Court Annex, and immediately west to property outside of the City Limits, -AND- an abandonment of the complete 13-foot wide right-of-way for an alley extending west of Nelson Avenue and directly north of the Goodfellow Court Annex, Block 3, and adjacent to the entire northern length of Lot 8 of same subdivision in east San Angelo.

WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) within the City Limits 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, the City Council of the City of San Angelo 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) within the City Limits, subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,

Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:

The east 483 feet of public-right-of-way remaining for Nelson Avenue extending north

from the east right-of-way line for Era Street and more particularly as follows:

BEGINNING at a point in the northeast corner of Lot 13 in Block 3 of Goodfellow Annex, as said Lot and Block are shown on a subdivision plat of Good Fellow Court Annex to the City of San Angelo, recorded on May 13, 1950,

THENCE in an northward direction along the east boundary of said Lot 13 of Block 3

and continuing laterally across Lots 12,11,10, 9 and 8 for a cumulative distance of 478 feet,

THENCE continuing northward for a distance of 13 feet with said point being located

at the southern border of a 1.8400 acre tract being from the C. Keizer Abstract A-1556, Survey-0164,

THENCE commencing in an easterly direction along the southern border of said

survey for a distance of 60 feet to the western border of a 9.9710 acre tract being from the C. Keizer Abstract 1-1556, Survey-0164,

THENCE commencing in a southward direction along the western border of said

survey for a distance of 483 feet to the northeast corner of Era Street, Thence commencing in a westward direction a distance of 60 feet to the southeast

corner of Lot 13 Block 3 of said Goodfellow Court Annex BEING THE POINT OF BEGINNING.

-AND- The east 130 feet of public-right-of-way remaining for the alleyway extending west

from the west right-of-way line for Nelson Avenue and more particularly as follows: BEGINNING at a point in the northeast corner of Lot 8 Block 3 of Goodfellow Court

Annex as said Lot and Block are shown on a subdivision plat of GoodFellow Court Annex to the City of San Angelo, recorded on May 13, 1950,

THENCE commencing 130 feet in a horizontal westward direction along the northern

border of Lot 8 to the northwest corner of said Lot, THENCE commencing northward for a distance of 13 feet to the southeastern border

of a 10.00 acre tract out of a 26.9800 acre tract being from the C. Keizer Abstract 1556, Survey-0164,

THENCE commencing for a distance horizontally and eastward 130 feet to the

northwest border of Nelson Avenue, THENCE commencing southward for a distance of 13 feet to the northeast corner of

Lot 8 Block 3 of Goodfellow Court Annex BEING THE POINT OF BEGINNING.

2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing

easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.

3. That the abandonment and conveyance provided for herein shall extend only to the

public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.

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 owner(s) within the City Limits.

5. That the Grantee(s) shall pay all reasonable costs associated with procedures

necessitated by the request to abandon public right-of-way within the above-described tract, as well as a fee in compensation for the estimated market value of land in those portions of this right-of-way which were so dedicated with a subdivision plat.

6. That the terms and conditions contained in this ordinance shall be binding upon Grantee(s) and assigns. 7. Replat Lots 8-13 & abandoned rights-of-ways into a single lot. 8. Retain an unobstructed drainage easement along Nelson Avenue of sufficient width to provide adequate capacity of rainwater flows from Era Street. Said easement shall be reserved on the plat document. INTRODUCED on the 5th day of November, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 19th day of November, 2013.


____________________________________


ATTEST:

________________________________ Alicia Ramirez, City Clerk

Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Development Services Lysia H. Bowling, City Attorney

City of San

Angelo

Memo



From: Roxanne Johnston, Planner

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

Location: 5050 Lake Drive, located approximately 800 feet southeast

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

Purpose: Approval or modification of this zone change request by the

City Council would designate the subject property as a General Commercial (CG) Zoning District.

Contacts: Chunky Nelms, Pastor 325-374-8000

Roxanne Johnston, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 13-34: The River San Angelo Church, Inc.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE

DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) and General Commercial/Heavy Commercial (CG/CH) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


(1) Approve the proposed zone change;

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

(3) Deny the proposed zone change Recommendation: Planning staff recommends approving the proposed zoning classification to General Commercial (CG). Planning Commission unanimously recommended approval of this request by a vote of 6-0 on October 21, 2013.


The subject property is the site of what was intended as a future church. Two conditional uses, CU09-02 & CU11-06 were given allowing the operation of a religious institution in otherwise R&E and CG/CH zoning districts. CU9-02 was approved by the Planning Commission on February 16, 2009 but expired because a building permit was not obtained within the year’s time required. On May 15, 2011 the applicant was given another approval for the same usage and subsequently applied for a building permit whereby the site now houses an approximately 13,096ft2 metal building . Rezoning the property to CG would allow the following uses: group living; alcohol and drug recovery facilities; college, school, public &

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

The replat for the subject property was recorded with Tom Green County on June 29, 2011.

General Information

Existing Zoning: Ranch & Estate (R&E) and General

Commercial/Heavy Commercial (CG/CH) Existing Land Use: Vacant building Surrounding Zoning/Land Use: North: R&E, CG/CH Apartments West: ML Vacant property, residential South: R&E Vacant property, residential East: R&E & CG/CH Vacant property

Thoroughfares/Streets: Lake Drive is identified as a "local street",

designed to carry light neighborhood traffic at lower speeds and generally connects to collector streets.

Zoning History: The property was annexed within the city-

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

Applicable Regulations: Section 303. Residential Intent Statements

"A. The Ranch and Estate District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting. The District is also intended to serve as a holding zone for vacant land areas annexed to the City."

Section 304. Commercial District Intent Statements "C. CG (General Commercial) District. The General Commercial District is intended to provide opportunities for development of commercial establishments of higher intensity, with larger trade area, floor area and traffic generation than Neighborhood Commercial uses. Limited outdoor storage, screened from adjacent residential uses, may be appropriate.

Section 509 of the Zoning Ordinance addresses fencing as a screening mechanism. Any time a commercial use abuts a residential district or use (other than an R&E zoning district), an opaque privacy fence is required.

Nonresidential district standards are

outlined in Section 502 of the Zoning Ordinance whereas Residential development standards are outlined in Section 501.

Development Standards: All required off-street parking and the

connection(s) to a public right-of-way are required to be paved.

General Commercial (CG) requires a 25

feet front setback for commercial structures. No side or rear setback are required in commercial districts unless the lot abuts a residential district or use, where a minimum of 10 feet is required, per Section 502.

The maximum floor area or gross floor

area of all buildings on the lot divided by the total area of the lot in an area zoned

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

Vision Plan Map: Neighborhood Center & Commercial Related Comp Plan Excerpts: “Promote better transition between nearby


"Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."

"...encourage appropriate and supportive infill development at Neighborhood Centers."

"Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers."

"Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods." "...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers."

"...slowly reorganize commercial corridors into clusters..."

"Create new physical connections to neighborhoods lined with transitional and intermediate uses."

“Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,”

“Rezone or remove any CG/CH zoning

from adjacent to existing neighborhoods.”

Special Information

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

Parking Requirements: Vary depending upon the use of the

property, see Section 511 of the Zoning Ordinance.

Parking Provided: No parking exists on-site, once

development occurs, parking will be required.

Density: Low density development borders the

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

Notification Required: Yes Notifications Sent: 11

Responses in Favor: 1 Responses in Opposition: 0

Analysis:

In order to approve this Zone Change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is

compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.






7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. The subject property is bounded by Lake Drive along the western border. Two completely contrasting zoning districts split the property; the least intensive is R&E, which comprises most of the lot; and the most intensive is CG/CH, which is located at both northeast sections of the lot. This latter is a result of zoning that was done in the 1960’s along some of the city’s major corridors. North Chadbourne was one such central corridor leading in and out of the city until the advent of North Bryant Boulevard. Rezoning to General Commercial gives the property more flexibility in terms of uses when examining the CG/CH zoning district, but at the same time reduces the intensity of the uses drastically. Split zoned properties in general are a challenge to staff and owners with respect to which uses could possibly best suit each property. The subject property is no exception, particularly given the contrast between the zoning districts here. In order to exercise good planning principles, one would not place CG/CH zoning against R&E, so staff welcomes the opportunity to rezone the property into one zoning category. The rationale for this is because the commercial opportunities available with CG/CH could potentially bring conflict to the quieter residential zoning district uses typically found in R&E; much more so than if the property were zoned CG, as is requested. Ideally transitional zones that separate such uses should be in place in order for each zoning district to enjoy the best use of its land. For example, the current Conditional Use allowing for a religious institution on the subject property provides a desirable transitional zone between the above uses. Although it would be ideal for the property to be used as a church in this instance, the applicant no longer wishes to locate there and in initiating this zone change, is looking to provide options for future owners. The Conditional Use for a religious institution will no longer be necessary because this use is allowed by right in CG zoning districts. Therefore, it would remain an option for future landowners in addition to the choices allowed in CG listed in the above “History and Background” section, should this request be approved. Use of the subject property as a site for a religious institution would continue to be ideal for a transitional separation between the proposed CG and the neighboring

R&E zoning district to the south. Staff has stepped back, however, and looked not only at how the proposed zone change could affect this neighboring R&E zoning district, because it provided the least intensive land use and is therefore more vulnerable to surrounding changes, but also looks to the ML zoning district to the west. General Commercial allows for Type 2 Limited Outdoor Storage, which limits such storage to 1,000 ft2 or 10 percent of the total site area (whichever is greater). Type 3 General Outdoor Storage is currently an option for the subject property in the areas that lie within the CG/CH zoning district and allows for unlimited quantity subject to few restrictions. This reduction in allowed outdoor storage is a much better compliment to the surrounding R&E zoned properties when looking at Type 2 outdoor storage as compared to Type 3 outdoor storage. The applicant originally requested a zone change to Heavy Commercial (CH), but after discussion with staff, requested the lower commercial zoning category. Staff is mindful, too that the initial zone change request the applicant made for CH, would have allowed for Type 3 storage as well, so the current zoning request to CG is more appropriate given the residential use to the west and south. Normally, opaque 6’ fencing is required with the proposed zone change when placed next to residential zoning. In this case, constructing such a fence next to R&E zoning districts is exempt due to the desire to create a more open space feeling in such zoning districts. In addition, the open expanses commonly found in R&E could place an undue burden when a commercial property owner was required to place one of these open fences; R&E zoned lots tend to be some of the largest in the community in terms of land area for a single parcel. This proposed request would essentially create a consistent zoning for the property. The 2009 Comprehensive Plan seeks to “Eliminate uncomplimentary and incompatible zoning classifications from neighborhood plans,” thereby amending mixed zoning on each parcel. Furthermore, removing the CG/CH zoning is also in line with the Comprehensive Plan which seeks to “Improve relationship(s) between adjacent commercial and residential land use adjacencies.” One way to do this, according to the Comprehensive Plan, is to take steps to “Rezone or remove any CG/CH zoning from adjacent to existing neighborhoods.” Therefore, current Conditional Use aside, staff contends that a zone change to CG on the subject property would be consistent with both the Zoning Ordinance and the Comprehensive Plan by removing a more heavily industrial commercial zoning district and replacing it with a slightly less intense commercial zoning that removes industrial activities from the equation altogether. General Commercial zoning is a viable fit of land use on the subject property when examining the Vision Plan as well as the Zoning Ordinance and Comprehensive Plan, which calls for most of the property to be Commercial with the far northern section designated with Neighborhood Commercial zoning. Because no amendment to the Plan would be required and also because a

rezoning would correct a dually zoned lot, staff finds that this zone change is in keeping with the first two Criteria listed above. In terms of how this proposal could impact the surrounding area, staff is aware that the ML zoning west of the subject property and Lake Drive presents a possible challenge when analyzing the area as a whole. Neighboring properties along the strip of land west of the subject property are sandwiched between Lake Drive and North Bryant Boulevard Frontage Road. Access to these ML zoned properties off of Lake Drive is a possibility even though they are mainly accessible from the frontage road. The significance of this from a transportation point of view is that Lake Drive could potentially serve as a heavily travelled road servicing all possible industries that would be allowed by right in this ML zoning district, especially given the ease of which trucks could enter and exit off of North Bryant Boulevard/Highway 87. This potential transportation scenario illustrates how Lake Drive could experience a variety of traffic demands in addition to the traffic generated as a result of the proposed zone change if the request were to be approved. Yes, traffic demands will increase, but the potential for heavy traffic on Lake Drive already exists due to current ML area zoning and the fact that Lake Drive connects North Chadbourne Street and West 48th Street, both of which provides nearby access to North Bryant Boulevard/Highway 87. This access is ideal for commercial and industrial purposes here. A zone change will most likely affect the R&E zoning district to the south of the subject property in terms of traffic since it borders the east side of Lake Drive; however, again, the possibility of heavy traffic generated by ML zoning to the west is present, but usually of a different nature, such as warehouse and freight movement involving vehicles meant for heavy industry, whereas the nature of the proposed commercial traffic would most likely be mainly comprised of personal vehicles. Should the zoning remain the same with part of the subject property remaining CG/CH, then the argument could be made that traffic supporting the number of possible heavy commercial businesses that could locate at the central northeastern section of the subject property may not be very different then the traffic scenarios discussed above with reference to the ML zoning district to the west. Commercial opportunities with easy access to an arterial street such as North Bryant Boulevard, meets a community need. With this zone change proposal, the property can be directly accessed from two direction; North Chadbourne Street and West 48th Street. Along with easy access to arterial streets, a zone change here is an opportunity for infill development versus continuing to annex land into the city in order to provide more land for strip development. The recommended request seeks to add more density in an area which has been planned for density. Proposed Conditions

N/A

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

excerpt from zoning map, highlighting subject

property; aerial photo, highlighting subject property; excerpt from the comprehensive plan vision map

highlighting the subject property; Excerpt of the favor/opposition notification map; Notification letter in favor of zone change; Draft minutes from the 10/21/13 Planning Commission

Meeting; and Draft ordinance.

Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (10/11/13)

MINUTE RECORD OF THE CITY OF SAN ANGELO PLANNING COMMISSION MEETING HELD ON MONDAY, OCTOBER 21, 2013 AT 9:00 AM IN THE SOUTH MEETING ROOM OF THE SAN ANGELO CONVENTION CENTER, 500 RIO CONCHO DRIVE, SAN ANGELO, TEXAS PRESENT: Teri Jackson, Mark Crisp, Valerie Priess, Darlene Jones, Bill Wynne,

Sammy Farmer ABSENT: John Young STAFF: AJ Fawver, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Kevin Boyd, Planner Roxanne Johnston, Planner

A. Z 13-34 The River San Angelo Church, Inc A request for approval of a zone change from Ranch & Estate (R&E) and

General Commercial/Heavy Commercial (CG/CH) zoning districts to General Commercial (CG) to allow for a variety of commercial opportunities as allowed in Section 310 of the Zoning Ordinance on the following property:

5050 Lake Drive, located approximately 800 feet southeast of the

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

Roxanne Johnston, Planner came forward to present this case consistent

with staff recommendation of approval of the request. 11 notices sent 1 returned in favor of the request. Ms. Johnston used photos and maps to orient the commission with the area and the subject property. The options available to the commission were presented and the criteria mandated of the request were also discussed with the commission. Ms. Johnston covered concepts from the comprehensive plan and highlighted some of the uses that are currently allowed on the property. This proposal will fall in line with the Comprehensive Plan for the community. The property is currently used as a church and there is a large building on the property at this time.

Ms. Jones inquired about the current zoning map of the area as well as the Vision Plan. Ms. Johnston explained the intent of the Vision Plan and how it pertained to this particular property. There were no other questions from the commission for Ms. Johnston. Sandra Moore a property owner nearby came forward to discuss the old Texas Hotel and the pool on the subject property. The concern on this particular request was regarding traffic on Lake Drive and another

commercial entity. The resident was hoping to keep this area as a neighborhood and didn’t believe a commercial entity fit in. Chunky Nelms, proponent of the case came forward to speak in favor of the request stating it would be a good fit for the area and fit with the plans of the City. Donna Collie came forward to inquire about what else could be built on the property at this time. A church is only busy on Wednesday and Sunday generally speaking and a commercial property could generate more noise on her particular property. She was concerned about the oilfield and noise on the property. Ms. Johnston clarified the types of uses that are allowed in General Commercial Zoning district as outlined in Section 310 of the Zoning Ordinance. Nancy Markum a property renter nearby came forward to voice concerns about the commercial entities and noise on the property that is right by her house. There was also concern expressed about an oil company that had moved into North Chadbourne. The peace and quiet is nice at this moment and a commercial business could interrupt this. Mr. Wynne expressed a concern about what the CG/CH would allow on this particular property and thought that a CG zoning would be a good thing for this area. Steve Whittaker, a representative of the Church came forward to speak in favor of the CG after the CH was originally requested. There are several properties in the area that are zoned commercially at this time. Sammy Farmer made a motion to approve the zone change which was seconded by Mark Crisp and passed 6-0.

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) and General Commercial/Heavy Commercial (CG/CH) to a General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 13-34: The River San Angelo Church, Inc.





by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 5050 Lake Drive, located approximately 800 feet southeast of the intersection of North Chadbourne Street and Lake Drive; more specifically occupying the Julia A. Bailey Subdivision, being 4.384 acres out of the south part of Block 8, Lot 2, in northwest San Angelo shall henceforth be permanently zoned as follows: General Commercial (CG) District.











____________________________________


ATTEST:


City of San Angelo



From: Robert Schneeman, Interim Director of Economic Development

Subject: Agenda Item for November 5, 2013 meeting

Contact: Bob Schneeman, 657-4210

Caption: REGULAR Agenda

Consideration and possible approval of a recommendation by the City of San Angelo Development Corporation Board to amend the COSADC FY 2014 budget by reducing account number 410580 Travel and Lodging from $18,000 to $10,000 and increasing Account 415310 City Services by $10,000 to address the cost of Public Information Office staff services provided to COSADC as approved by Council in August of 2012

Summary: At its meeting on October16, 2013 the COSADC Board approved a revised budget reducing Travel and Lodging by $8,000 and adding $10,000 to the City Services account to cover Public Information services as directed by Council in August 2012.

History: (At the July 31, 2013 meeting the COSADC Board gave preliminary approval to many of the budget items but specifically asked for additional information and discussion, particularly on those items included in account number 412000 “Partner Affiliations”. The Board also directed staff to no longer budget for the Texas Downtown Association membership due to the fact that Downtown San Angelo, Inc is a member and it appeared to be an unnecessary duplication of membership. The Board also asked staff to look into any contractual obligations involving the membership in the Texas Tech Wind Center at $10,000 which has not been paid in the last two years. Staff has received verification that we do not have an agreement in place with the Texas Tech Wind Center and are according to their records “paid in full”.

At the meeting on August 14, 2013 the COSADC Board directed staff to remove the $10,000 allocation for the Texas Wind Center, to delete the allocation for the Business Expo, to reduce the item for the NAACP Banquet for one and one half tables to one table, and to add $5,000 for an outside audit of the COSADC performance agreements for incentives.

City Council discussed the COSADC budget at its regular meeting on September 17, 2013 and questioned a number of items mostly administrative in nature including Board D&O Insurance, Association fees including TMCN and High Ground of Texas, payments to the Chamber and Downtown San Angelo, payment

to the Standard Times 20 under 40 program, and travel and training expenses.

Council gave staff direction to take the COSADC budget back to the Board expressing the fact that Council is not totally happy with the budget as is and has asked that the Board look at proposing additional cuts to be brought back to Council in the near future.

The Chamber of Commerce agreement expired the end of September 2013 and staff is currently working on a new contract. The Downtown San Angelo Contract was signed as a five year contract and was amended in December 2011 to include verbiage pertaining to the BRC. That contract will expire at the end of September 2014.

The attached copy of the budget worksheets identifies in yellow highlighter the specific items Council discussed as possibly able to be reduced.

Staff presented the items recommended by Council to the COSADC Board at the October 16, 2013 meeting and after much discussion the Board approved the reduction from $18,000 to $10,000 Travel and Lodging and the addition of $10,000 to the City Services item to cover PIO services per Council direction in August 2012. The Board recommended no other revisions to the budget.

The attached copy of the budget worksheets identifies in yellow highlighter the specific items recommended for change by the COSADC Board.

Financial Impact: $2,000 increase in the overall budget

Related Vision Item

(if applicable):

N/A


Staff recommends approval of the Board’s recommendations.

Attachments: COSADC Budget Worksheet

Presentation: Robert Schneeman, Interim Director of Economic Development

Publication: N/A


Robert A.Schneeman, Economic Development, 10-29-13

Approved by Legal: N/A

Account Description ExplanationEstimated2013-2014 Ballot Eco Dev

Revenue 313000 Income-Sales & Use Tax Sales Tax Receipts based on Finance Dept Estimate 7,955,015 5,727,611 $2,227,404

360000 Interest on Investments Interest based on 5/31/12 Receipts $9,000 $9,000

363101 Lease Income L-3 Income Lindberg Rent $80,000 $80,000

BRC - rental of conference room $500 $500

CVCED (Medhab-2009 W. Beauregard) $1 $1

BRC lease income $58,035 $58,035

Total Income $8,102,551 $5,727,611 $2,374,940

Expenses

410332 Admin-Software ExpenseCOSADC website- ED Suites - (host website - $900 & license $2,099 = 2,999) $5,399 $5,399Purchase new laptop for director - $1,400 (no monitor) + tower for Admin assistant $1,000

410520 Admin-Insurance COSADC board D & O insurance for Board of Directors = $12,133 $20,133 $20,133BRC building insurance 69 N. Chadbourne & CVCED building insurance

2009 W Beauregard (America First Insurance) = $8,000 $0

410530 Admin-Communication6 VoIP phones for Director,Dev Coord. & Eco Dev Coord.@ 100% =

$3,500; long distance chrg = $100; Verizon landline @ 152 mo = $1,825 $5,425 $5,425

(we have 5 phones only)

410531 Admin-CellularPurchase 3 new Iphones @ $200 ea (Dir., Dev Coord. & Eco Dev $200 ea. =

$600 $2,670 $2,670

Cell usage $160 mo = $1,920 ; Overages for cell phone usage= $150 $0

410580Admin-Travel & Lodging

3 staff for TEDC, IEDC, Ports to Plains, High Ground trainings, Texas Downtown Association, Mexico and events $10,000 $10,000

410590 Admin-Training Board development: sales tax training, TEDC workshops, etc. = $3,500 $7,800 $7,800

Consultant travel expenses for in-house board training = $500 $0

Conference and training registration fees = $3,800 $0

410630 Admin-FoodCoffee for COSADC Board meetings@ $20 ea; lunches for workshop; water for meetings $800 $800

410610 Admin-Office Supplies Paper, pens, CDs, files, ED info folders, office machinery/repair, plaques, name plates$2,500 $2,500

Admin-copier COSADC copier $197.25 mo/$2367 + color copies $900 $3,267 $3,267

410550 Admin-Printing Letters, in-house marketing pieces, invitations, etc. $2,000 $2,000

410614 Admin - Postage Mail outs for regular mail. $200 $200410591 Admin-Professional Dues TEDC membersips for 3 staff @ $450 ea. = $ 1350 $1,985 $1,985

IEDC membership is $345 + $145 ea addtl staff (2) = $635 $0

411000 Bank Charges First Financial Bank Service Charges, Fees Etc, $180 $180

CITY OF SAN ANGELO DEVELOPMENT CORPORATIONSCHEDULE OF REVENUES AND EXPENDITURES

FISCAL YEAR BEGINNING OCTOBER 1, 2013 (rev 10-16-13)

DRAFT Page 1 of 4




412000 Partner AffiliationsPorts to Plains-$56,047 City Membership + $250 COSADC Membership;

TMCN-$5,592.00; $84,389 $84,389

Texas High Ground - $10,000

$0

$0

Chamber Luncheons 11 X $15 X 2 & 1 X $15 X 8 = $450

$0

Chamber Banquet $600 X 1.5 = $900 $0

NAACP Banquet $250 $0

Ports to Plains - Summit $5,000

Standard Time-20 Under 40 Event Sponsorship =$5,900

420000 Industrial Park Ops & Maint $0

420521 Ind Park-Insurance Property general liability- Sam Tambunga Insurance Agency $900 $900

420411 Ind Park-Water/Sewer Utilities 3 COSA water meter fees @ $19/month $685 $685

420413 Ind Park-Electricity WTU meter fee @ $25. mo $300 $300

Contract Services Industrial Park Platting / Surveying $10,000 $10,000

420430 Ind Park-General Maint Current mowing contract 3x yr $3,000 $3,000

430000 05,08,11 Tax / Rev C.O. Debt Service Principal $1,405,000 1,405,000

430000 05,08,11 Tax / Rev C.O. Debt Service Interest $1,157,207 1,157,207

Water Debt Service Hickory Aquifer Water Supply $1,500,000 1,500,000

440000 Chamber Contract Chamber Economic Development Contract ($18,750 mo) $225,000 $225,000

440200 BREP Budget Printing Support Brochures $5000 $17,500 $17,500

Postage & Shipping $500

Ad Agency Project Fee $2500

Special Projects $3000

Media Advertising $5000

Direct Mail Programs $1500

440300 ASA/BRC Design Request Ad Agency Project Fee $2500 $5,000 $5,000

Internet Media Desing/Launch $2,500

440100 Downtown San Angelo Downtown economic development services contract $75,000 $75,000

440200 Annual CVCED Contract Grant $5,000 $5,000

415310 City Services Staff Service Contract - Dev Corp staff-$286,109; Finance -$29,000; $365,452 91,363 $274,089Legal-$15,000;Audit-$8,000; & City Manager Office-$17,343 $0(COSA staff: Dir. $95,000, Analyst. $65,000, Eco Dev.$55,000 100%) No

admin assistant. (75% / 25% split Ballot & Eco Dev) PIO- $10,000 $0

432000 Outside Legal Services Contract services-outside legal $5,000 $5,000

Performance Agreement Outside Audit $5,000 $5,000

415331 Annual Report Design and printing of annual report $1,000 $1,000

DRAFT Page 2 of 4




445000 $0

451101 Project-Affordable Housing Annual Ballot amount $335,000 335,000 $0

451102 Project-Sports Facility Maint Pay-As-You-Go with Annually COL Adjustment of 2% $263,623 263,623 $0

451103 Texas Bank Sports Complex Annual Appropriation $50,000 $50,000

452101 CVCED Expenses Costs based on current CVCED operations $59,640 $59,640

2009 W. Beauregard National Business Incubator Association dues, $525 $0

Mileage, $250; Office Supplies - $500 $0NewQuest - Yrly subscription for Trend Micro Worry antivirus for CVCED computer = $102 + service call for clients $500 $0

Mediajaw-host & email for CVCED $22 mo = $264

Suddenlink - phone& internet $335 mo.=$4,020

Toner for copier $175.50 ea x 6 = $1,053 $0Intern student from ASU (self contracted) $7.50 = $13,650 ; Mr. Insurance

- directors & officers liability policy = $1,341; & CVCED Business Plan =

$25,000

Yard Maint, Bldg Maint, Pest Control, Bldg Repair $12,000

Oiver, Rainey & Wojtek, LLP (prepare tax return) = $435;

450000 BRC Expenses COSADC M&O Contribution $39,700 $39,700

Utilities: Water & Sewer- $80 mo = $960; Atmos Energy (Gas) winter 6

mo @ $300 = $1,800 & summer 6 mo @ $150 = $900 totaling $2,700;

Direct Energy - $1,000 mo = 12,000; Republic Serv - $40 mo. = $480

Grand total in utilities $16,140 $0

Repairs & maintenance for building, $12,000 $0

Security Monitor annual- $2,070 $0

Janitorial services -$7,550 yrly; Janitorial supplies - $750 $0

Water delivery serv. (3-5 gal of water @ $5.95 ea + 1.25 surcharge)

Annual $480 & rental of water cooler ($9.50 mo.) annual $114 $0

Pest control for BRC = 236.00 & 2009 W. Beauregard $360

Subtotal $5,675,755 4,752,193 $923,562

452900 Future Projects $2,426,796 $975,418 $1,451,378

Total COSA-DC Expenditures $8,102,551 $5,727,611 $2,374,940

Revenue Over/(Under) Expenditures 0 0 0

DRAFT Page 3 of 4




Remaining Budget

Economic Development Incentives452115 Blue Cross Blue Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259,827452112 Martifer-Hirschfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263,932

MyMail* 0MultiChem* 0

452120 Smith Blvd* Approved by Council 08-06-13 512,900452121 MedHab 796,250452122 Ethicon * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,000

2,132,909

451200 Affordable Housing 490,270451202 Project Blackshear Boundary (project is complete-transferring remaining to Affordable Housing) 0

* Need Budget Amemdment

Estimated Balance of Existing Projects 2,623,179

Project

2012-2013 FUND BALANCE DESIGNATED FOR EXISTING PROJECTS

DRAFT Page 4 of 4

Memo

Date: October 29, 2013


From: Shane Kelton, Director of Operations

Patrick Frerich, Assistant Director of Operations


Contact: Shane Kelton, Operations, 325-657-4206 x 1431

Caption: Regular Agenda

Discussion and possible action related to solid waste collections and landfill management.

Summary: The initial 10-year contract with Republic Services for waste collections and landfill management will expire July 31, 2014. Staff is seeking council direction regarding future action pertaining to the collections and landfill contract.

History: Republic Services, dba Trashaway services was awarded a single, exclusive contract to collect municipal solid waste within the City limits and to operate the city-owned landfill in August 2004 as a renegotiated contract from 1989. The current contract’s initial 10-year term expires on July 31, 2014, and has two optional 5-year renewals.

Under the current contract, Republic services is required to:

Collect residential garbage and debris within the City limits a minimum of twice per week

Collect commercial garbage and debris within the City limits a minimum of once per week

Bill for commercial garbage and debris collection within the City limits Manage the daily operations of the City-owned landfill The construction, operation, and closing of the landfill and disposal areas of the landfill

as required by the landfill permit and TCEQ Report, license, permit, etc. as appropriate to the City, TCEQ, and other applicable

agencies and pay any resulting fees Pay the City the annual lease rate and operational revenues as outlined in the current

Agreement and Ordinance Section 8.17.

Under the current contract, the City is responsible for: Residential service billing Lease of landfill for contract term Permit fees and permit modification fees to TCEQ Consulting services for landfill design and permitting Groundwater and methane gas sampling All costs during planning, construction, and testing Closure inspection and testing Site monitoring and maintenance after cell closure Leachate disposal costs Post Closure Costs for 30 years after final closure

City of San Angelo

Financial Impact: Current revenue received by the City for landfill operations include:

Landfill Operations Lease - $76,246 per year (increases 6% per year) Tipping Fees - $1,895,400 Other Payments from Republic - $154,990

Related Vision Item: NA

Other Information/Recommendation: Staff recommends consideration and direction on the following items:

1. Scope of services for collections: garbage collection, recycling, residential

and commercial services, automation, collection frequency, bulk trash collection, citizen free dumping program

2. Exclusivity of collection services: for recycling, commercial services, and residential services

3. Landfill Lease: Term Contract or Life-of-Site

4. Renegotiation of current contract vs. Request for Proposals

Attachments: Contracts - 1989 & 2004

Presentation: Power Point Presentation

Approved by Legal:

Reviewed by Service Area Director: Shane Kelton, Director of Operations

City of San Angelo

Memo Date: 10/22/2013

To: Mayor and Council Members

From: Tim Vasquez, Chief of Police

Subject: Agenda Item for November 5th, 2013 City Council Meeting

Contact: Tim Vasquez, Chief of Police, 325-657-4336

Caption: Regular

First public hearing and introduction of an Ordinance adopting 10.1700 of the City of San Angelo Code of Ordinances related to the operation and regulation of golf carts on public streets and providing for the penalty for violations of said ordinance as well as providing for repeal, savings and severability, effective date, and publication of said ordinance therein.

Summary: Currently the City of San Angelo has no ordinance regulating the use of golf carts. Applicable laws are currently found in the Texas Transportation Code as found in Section 551.401 through 551.405.

History: At the September 3rd, 2013 City Council Meeting Chief Tim Vasquez presented background information on golf cart issues as it relates to specifically Angelo State University and Commercial entities in the City. Motion by Councilman D. Vardeman and second by Councilman M. Self directed City staff to draft ordinance relating the use of golf carts on public streets specifically with regards to Angelo State University, Governmental Agencies, and Commercial Entities and motion carried unanimously.

Financial Impact: Application and Permit for each golf cart is $20.00


N/A


Staff recommends approval of Ordinance 10.1700 with changes of the following at Council Direction: 10.173(a) The maximum speed limit of the public street is thirty-five (35) miles per hour less. Change to thirty (30) miles per hour or less.

Attachments: 10.1700, Operation of Golf Cart Vehicle on Public Streets

Presentation: (If item includes a PowerPoint presentation or any other type of electronic media to be displayed on the projector, this file must be submitted with your background information by the scheduled due date.)

Publication: N/A


Tim Vasquez, Chief of Police, 10-22-2013

Approved by Legal: October 23, 2013, City Attorney Lysia H. Bowling

AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 10, TRAFFIC CONTROL, OF THE SAN ANGELO CODE OF ORDINANCES, BY ADDING ARTICLE 10.1700, OPERATION OF A GOLF CART VEHICLE ON PUBLIC STREETS; REGULATING THE OPERATION OF GOLF CARTS VEHICLES ON PUBLIC STREETS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF

WHEREAS, Chapter 551, Subchapter F, of the Texas Transportation Code, allows for the

operations of golf carts within a municipality under certain conditions; and

WHEREAS, the Texas Transportation Code grants to municipalities the authority to control the operation of motor vehicles using its streets and to prescribe reasonable and safe restrictions related to the stopping, standing and parking of vehicles; and

WHEREAS, the Texas Transportation Code also permits municipalities to prohibit the operation of golf carts on a public highway if the governing body of the municipality determines that the prohibition is necessary in the interest of safety; and

WHEREAS, the City Council of the City of San Angelo, Texas (“City Council”) has investigated and determined that the prohibitions set forth in this Ordinance are necessary in the interest of safety; and

WHEREAS, the City Council has further investigated and determined that it would be advantageous and beneficial to the citizens of the City of San Angelo, Texas (“San Angelo”) and in the best interest of the public health, safety and welfare of the citizens and the public to establish regulations for the operation of golf carts by amending San Angelo’s Code of Ordinances Chapter 10, Traffic Control, to add article 10.1700, Operation of Golf Carts on Public Streets, as set forth below.

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

SECTION 1. Finding Incorporated. The findings set forth above are incorporated into the body as if fully set forth herein.

SECTION 2. Amendment to Chapter 10, Traffic Control, of San Angelo’s Code of Ordinances, adding Article 10.1700, Operation of Golf Carts on Public Streets. Chapter 10, Traffic Control, of San Angelo’s Code of Ordinances, is hereby amended to add Article 10.1700, Operation of Golf Carts on Public Streets, to read as follows:

ARTICLE 10.1700 OPERATION OF GOLF CARTS ON PUBLIC STREETS

Sec. 10.1701 Definitions The following words, terms, and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Driver means the person driving and having physical control over the golf cart.

Driver’s License means an authorization issued by a State for the operation of a motor vehicle. This term includes an occupational license.

Golf Cart means a motor vehicle designed by the manufacturer primarily for use on a golf course. This definition of Golf Carts specifically excludes go-carts, neighborhood electric vehicles, off road vehicles, utility vehicles and all-terrain vehicles, as defined by the Texas Transportation Code.

Governmental Employee means any employee or officer of a municipal, state or federal governmental agency.

Owner means the individual, corporation, partnership, joint venture, or other business entity holding the title to or leasing the golf cart.

Parking Area means those areas accessible to the public by motor vehicular traffic and which are designated for temporary parking of motor vehicles, usually in places referred to as parking lots.

Permit means a certificate/decal of authorization issued to the applicant by the City’s Police Department authorizing the operation of the golf cart for which the permit was issued. The decal will display the month and year of expiration.

Permit Holder means the owner to whom a golf cart permit has been issued.

Public Street means a publicly-owned or dedicated road, street, drive, or other right-of- way for the use of vehicles within the corporate boundaries of San Angelo.

Sidewalk means the portion of a street that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use.

Slow-Moving-Vehicle-Emblem means a triangular emblem that conforms to standards and specifications adopted by the Director of the Texas Department of Transportation under Section 547.104 of the Texas Transportation Code and is displayed in accordance with Section 547.703 of the Texas Transportation Code.

Texas Transportation Code means the code as it currently exists or may be amended.

Traffic way is any land way open to the public as a matter of right or custom for moving persons or property from one place to another. The traffic way includes all property, both improved and unimproved, between the property lines of a roadway system.

Working days shall mean Monday through Friday, excluding City holidays.

Sec. 10.1702 Applicability

The provisions of this Article shall apply to all golf carts operated upon a public street within the City of San Angelo except golf carts owned and/or operated for official government purposes by governmental employees are exempt from regulation by this code.

Sec. 10.1703 Golf Carts Permitted and Restricted

A person, other than a governmental employee operating a golf cart for official government purposes, may operate a golf cart on a public street, parking area and/or traffic way if the owner obtains a permit and meets the following requirements:

a) The maximum speed limit on the public street is thirty-five (35) miles per hour or less;

b) The person operating the golf cart must have a valid drivers license if they are under the age of 21. Persons operating a golf cart must abide by all traffic and parking regulations applicable to a passenger car when operating a golf cart on the streets and parking areas of the City;

c) The owner maintains current financial responsibility for the golf cart, as required of other passenger vehicles in Section 601.051 of the Texas Transportation Code, and in the amounts required by the City of San Angelo Risk Manager, and has proof of such financial responsibility on the golf cart at all times;

d) The person operating the golf cart must comply with all applicable federal, state and local laws and ordinances;

e) The golf cart has the following equipment, which must continuously remain in good working and operational order:

(1) Two (2) headlamps;

(2) Two (2) tail lamps;

(3) Side reflectors (two (2) front, amber in color and two (2) rear, red in color);

(4) Parking brake;

(5) Rearview mirror(s), capable of a clear, unobstructed view of at least two hundred feet (200’) to the rear;

(6) Slow-moving vehicle emblem; and

f) The equipment described herein meets the Texas and Federal Motor Vehicle Safety Standards, as they exist or may be amended; and

g) While the golf cart is in motion, the driver and every passenger in a golf cart is seated in a seat designed to hold passengers. No person may stand or ride in the lap of the driver and/or other passenger of a golf cart while it is moving.

h) The golf cart is used for one or more of the following purposes: (1) facility maintenance, (2) parcel delivery or (3) premises security.

Sec. 10.1704 Additional Requirements for Golf Carts Powered by Gasoline

In addition to the requirements set forth in Sec. 10.1702 above, every golf cart powered by gasoline shall at all times be equipped with an exhaust system in good working order and in constant operation and meeting the following specifications:

a) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler and exhaust pipes or including any and all parts specified by the manufacturer;

b) The exhaust system and its elements shall be securely fastened with brackets or hangers, which are designed for the particular purpose of fastening golf cart exhaust systems;

c) The engine and powered mechanism of every golf cart shall be so equipped, adjusted and tuned so that the exhaust is in good working order; and

d) It shall be unlawful for the Owner of any golf cart to operate or permit the operation of such golf cart on which any device controlling or abating atmospheric emissions which is placed on a golf cart by the manufacturer is rendered unserviceable by removal, alteration or which interferes with its operation.

Sec. 10.1705 Additional Operational Regulations for all Golf Carts

a) Except for governmental employees, golf carts shall not be operated on any sidewalk, pedestrian walkway, jogging path, park trail or any location normally used for pedestrian traffic;

b) All golf carts are entitled to a full use of a lane on the authorized public streets, parking areas and traffic ways of San Angelo, and no motor vehicle shall be driven in such a manner as to deprive any golf cart of the full use of a lane;

c) The driver of a golf cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken;

d) No driver shall operate a golf cart between lanes of traffic or between adjacent lines or rows of vehicles;

e) The number of occupants in a golf cart shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart;

f) All occupants must be properly seated while a golf cart is in motion and may not be transported in a reckless or negligent manner. No person younger than sixteen (16) years of age may be transported in a golf cart;

g) Golf carts may not be used for the purpose of towing another golf cart or vehicle of any kind including, without limitation, to a person on roller skates, skateboard or bicycle.

h) Golf carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to clearly see persons or vehicles on the roadway at a distance of five hundred feet (500’).

Sec. 10.1706 Liability

a) Nothing in this Article shall be construed as an assumption of liability by San Angelo for any injuries (including death) to persons, pets, or property which may result from the operation of a golf cart by an authorized driver; and

b) Owners are fully liable and accountable for the action of any individual that they provide permission to operate and drive said golf cart, both on personal and/or any authorized public streets, parking areas and traffic ways. This described liability responsibility especially applies to personal injuries (including death) or property damage resulting from golf cart drivers who are minors under the age of twenty- one (21) with or without a current and valid driver’s license.

Sec. 10.1707 Permit Required

a) No person shall operate, cause to be operated or allow the operation of a golf cart on any authorized public streets, parking areas and traffic ways unless a valid permit has been issued for the golf cart or otherwise allowed by law.

b) Application for a permit authorizing the operation of a golf cart shall be made by person who owns, leases, or otherwise uses a golf cart.

Such application shall be made in writing to the City’s Police Department on a form designated for that purpose. On such application shall be set forth the following:

1) The name, address, telephone number and state driver’s license number, if applicable, of the permit holder;

2) The street address where the golf cart is kept, including the particular suite or apartment number, if applicable;

3) The business name used for the premises where the golf cart is kept, if applicable;

4) The year, make, model, color, vehicle identification number or serial number in no vehicle identification number has been issued to the golf cart, electric or gasoline; and

5) A copy of the financial responsibility, as required by Section 10.1703, must be affixed to the application.

6) The person(s) and location, designated by the City Chief of Police, that inspected the golf cart, including a certification by said inspector that the golf cart complies with the requirements of this Ordinance before issuance of a permit;

c) The permit shall be permanently affixed on the left side of the golf cart in such a manner that is it clearly visible from fifty feet (50’). The permit must not be damaged, altered, obstructed or otherwise made illegible. The permit holder shall apply for replacement permit and pay all applicable cost associated with the issuance and inspection of the golf cart;

d) The permit shall only be placed upon the golf cart for which it was issued;

e) A permit issued to a golf cart shall become invalid if the golf cart is altered in a manner that fails to comply with any requirements of this Ordinance;

f) Permits are valid for a period of one (1) year. The following fee shall apply:

1) Inspection by Police Department Twenty Dollars ($20.00) (includes Permit);

g) The permit holder shall notify the City’s Police Department within ten (10) working days if the golf cart transfers ownership or the address of the normal storage location has changed. The information shall be submitted on a form designated by the City’s Chief of Police:

h) Lost or stolen Permits are the responsibility of the owner. A police report must be filed in the event of a lost or stolen Permit. If no record can be found of a previous application, or the receipt of a Permit, the City’s Chief of Police may direct the applicant to reapply, and also resubmit any and all fees necessary before a replacement Permit is issued. There will be a Five Dollar ($5.00) fee to replace lost or stolen Permit;

i) Any person who operates a golf cart and fails to receive and properly display a City Permit will be subject to all applicable state laws, in addition to being in violation of this Ordinance; and

j) A permit may be revoked at any time by the City’s Chief of Police, or his designee, if there is any evidence that the permit holder cannot safely operate a golf cart on any authorized public streets, parking areas and traffic ways of the City in compliance with this Ordinance.

k) A permit is non-transferable. Upon transfer of ownership of the golf cart to an owner who intends to operate it over authorized streets and parking areas, the new owner must register the golf cart and pay the registration permit fee as outlined hereinabove in this section.

SECTION 3. Penalty Provision. Any person, firm, entity or corporation who violates any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude San Angelo from filing a suit to enjoin the violation. San Angelo retains all legal rights and remedies available to it pursuant to local, state, and federal law.

SECTION 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution form being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect.

SECTION 5. Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. San Angelo hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid.

SECTION 6. Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by law.

INTRODUCED on the day of 2013, and finally PASSED, APPROVED and ADOPTED on this the day of , 2013.

CITY OF SAN ANGELO ATTEST: Dwain Morrison, Mayor Alicia Ramirez, City Clerk Approved as to content: Approved as to form: Tim Vasquez, Police Chief Lysia H. Bowling, City Attorney

City of San Angelo

Memo Date:


From: Roger S. Banks, Purchasing Division


Contact: Roger S. Banks, Purchasing Division, (325) 657-4220

Caption: Regular

Consideration of providing City Staff direction relating to changing from traditional bidding (lowest responsible bidder) process to the Request For Competitive Seal Proposal process that provides selection criteria relating to local businesses

Summary: The City of San Angelo has used a traditional bidding method for procuring construction services and was prohibited by law from obtaining those services through a Competitive Seal Proposal Process. However, Texas Local Government Code 2267 currently allows public works contracts to be awarded based on a variety of relevant selection factors other than price. Staff is seeking City Council direction relating to selection criteria weighting for Local Preference.

History: During the City Council meeting of August 6, 2013, City Staff was directed to use a procurement method for public works construction contracts defined in the Texas Local Government Code (TLGC) as Request For Competitive Sealed Proposals (RFCSP). This procurement method allows the City to award construction contracts based on project relevant weighted factors other than price. The traditional method previously used method was based on the lowest price or lowest responsible bidder with no preference being allowed for local preference on construction contracts over $100,000. Staff’s recommendation is that the selection criteria should be a balanced approach between maximizing construction budget funding, supporting the local economy and being consistent with weighting for traditional bids.

Financial Impact: Not Applicable

Related Vision Item

(if applicable):

None


Staff recommends establishing a weighted local preference selection criterion of a flat 5% or a sliding scale approach from 3-5% based on projected project cost.

Attachments: Request for Competitive Seal Proposals Overview

Presentation: Roger Banks

Publication: NA


Tina Bunnell, Finance Director, 9/26/2013

Approved by Legal: NA

Page 1 of 5

Request for Competitive Sealed Proposal (RFCSP) OVERVIEW

Request for Competitive Sealed Proposal (RFCSP) is similar to a traditional Request for Proposal (RFP) containing evaluation criteria. However, this process unlike the traditional RFP process, the selection criteria is primarily based on price.

Request for Competitive Sealed Proposals is a procurement method by which the City requests proposals, ranks the respondents, negotiates, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility and with the latest changes to the Texas Local Government Code (TLGC) may now be used for public work projects.

THE RULES

1. This process may not be used for state or federally funded projects.

2. This procedure may not be used for the procurement of professional services, i.e., architects, engineers, etc.

3. Before advertising, the City must determine which procurement method will be used, e.g., RFB (lowest bid, or lowest responsible bidder), RFCSP, Construction Manager at Risk, etc.

4. At a minimum, solicitations for RFCSP’s must be advertised in a newspaper publication and must appear once per week in a newspaper publication for two consecutive weeks.

5. Proposal Opening date must be at least fourteen (14) days from the first published proposal notice.

Note: Proposals are also posted on City’s website until the contract is awarded by Council. Purchasing recommends that for RFCSP’s that the opening dates be a minimum of 30 days from the 1st day of newspaper publication.

6. Section 2267.055 of the TLGC outlines the criteria that we may consider in determining the

award of a contact. 7.

a. Price b. Respondent's experience and reputation c. The quality of the respondent's goods or services d. The impact on the ability of the governmental entity to comply with rules relating to

historically underutilized businesses e. The respondent's safety record (if the standards are published in the RFCSP) f. The respondent's proposed personnel g. Whether the respondent's financial capability is appropriate to the size and scope of

the project

Page 2 of 5

h. Any other relevant factor specifically listed in the request for bids, proposals, or qualifications

8. The City must base its selection among on the applicable criteria listed for the procurement method used. The governmental entity must publish in the Request the criteria that will be used to evaluate the offers and the applicable weighted value for each criterion.

9. The City must document the basis of its selection and shall make the evaluations public not later than the seventh day after the date the contract is awarded.

10. Bid Security Bonds can be based on the proposed price. Payment and Performance Bonds will be based on the final negotiated price.

PREPARATION OF REQUEST

The governmental entity shall prepare a request for competitive sealed proposals that includes:

1. Construction documents, 2. Selection criteria and the weighted value, 3. Estimated budget, 4. Project scope, 5. Estimated project completion date, and 6. Other information that a contractor may require to respond to the request.

EVALUATION OF PROPOSALS

1. The governmental entity shall receive, publicly open, and read aloud the names of the respondents and any monetary proposals made by the respondents.

We may also reserve the right to revise the scope of work, specifications, etc. after the opening and request “Best and Final Offers” from all or a short list of respondents. This option is not usually popular with the known low “bidder” since all pricing submitted is now known by all Respondents

2. Not later than the 45th day after the date on which the proposals are opened, the governmental

entity shall evaluate and rank each proposal submitted in relation to the published selection criteria.

SELECTION OF CONTRACTOR The City shall select the respondent that submits the proposal that offers the best value based on:

1. Best and Final Offers 2. Up to five (5) interviews with the top ranked Respondents (Ranking may be revised after any

interviews. 3. The weighted selection criteria as published in RFCSP.

Page 3 of 5

CONTRACT NEGOTIATIONS

1. The governmental entity shall first attempt to negotiate a contract with the highest ranked respondent.

2. The City and its architect or engineer may discuss with the selected respondent options for a scope or time modification and any price change associated with the modification.

3. If you are unable to negotiate a satisfactory contract with the selected respondent, you must,

formally, and in writing, end negotiations with that respondent and proceed to the next respondent in the order of the selection ranking until a contract is reached or all proposals are rejected.

EXAMPLES OF SELECTION CRITERIA Reflected below are several examples of weighted criteria. Note that in each case the largest point value is Price.

HOUSTON 1. Price ............................................................................................. 45 points 2. Current and Past Performance .................................................... 30 points 3. Project Management Ability ........................................................ 20 points 4. Subcontractors and Suppliers ...................................................... 10 points 5. Litigation ........................................................................................ 6 points 6. Relevant Experience....................................................................... 5 points 7. Financial Stability ........................................................................... 4 points BURNET 1. Price ............................................................................................. 70 Points 2. Presence and experience projects in Burnet County (including subcontractors) ........................................................... 15 Points 3. Previous experience with projects for Burnet ............................. 15 Points

AUSTIN 1. Price ............................................................................................. 35 Points 2. Project Concept and Solutions ..................................................... 25 Points 3. Experience, References and Personnel Qualifications ................ 25 Points 4. Evidence of Good Organization and Project Management ........... 5 Points 5. Local Presence ............................................................................. 10 Points

Teams Local Presence Points 90%-100% 10 75%-89% 8 50% to 74% 6 25% to 49% 4 1% to 24% 2 O% 0

Page 4 of 5

SAN ANGELO BUSINESS RESOURCE CENTER REMODELING PROJECT 1. Price ............................................................................................. 35 Points 2. Respondent’s Comparable Experience ........................................ 30 Points

Part 1: General Contractor Experience Part 2: Specific Construction/Technical Experience (General Contractor & Subcontractors) Part 3: Bonding Verification Part 4: Contractors’ Qualification Statement

3. Respondent’s Past Relationship With The City ............................ 10 Points 4. Organizational Structure And Business Practices ....................... 10 Points 5. Local Business Presence ............................................................... 10 Points 6. Respondent’s Business Size ........................................................... 5 Points

SUGGESTED LOCAL PREFERENCE/CRITERIA

1. Sliding Scale

Projected Contract Amount %

<$500,000 5%

<$1.5 Million 4%

+<$1.5 Million 3%

Page 5 of 5

RANKING WORKSHEET-EXAMPLE RFCSP : 99-13/Title * Month Day, 2013

Non-Local Local Anywhere, TX San Angelo, TX Base Bid $ 1,334,648.00 $ 1,399,276.40

Selected Alternates

1.00 1.00

Contingency

1.00 1.00

Total $ 1,334,650.00 $ 1,399,278.40

Ranking By Price 1 2

Amount Over Lowest Bid $ - $ 64,628.40 Percent over Lowest Bid 0.0% 4.8% Max Points 70.00 70.00

Points Scored 70.00 66.61

References (Max 5) 5 5

Positive References (out of 5) 5 5 Percent Positive 100.0% 100.0% Max Points 20.00 20.00


Local Presence/Experience 5 5



Experience in San Angelo Area 5 5



Total Points Scored 96.00 96.61

Ranking By Points 2 1

Extra Cost to City

$ 64,628.40

Date Portions Billed to City of San Angelo

Invoices PAID

1/6/2012 43,259.73

5/25/2012 75,323.00

1/2/2013 20,919.17

1/28/2013 45,832.48

10/1/2013 62,527.39

Total Invoices Paid 247,861.77

PENDING Payments

June 8,970.36

July 5,732.33

August** 6,112.15

September** 23,392.13

Total Payments Pending 44,206.97

Total Invoices Paid and Pending on 10/29/13 292,068.74

Amount Ratified by City Council on 9/17/13 262,539.63

Total Additional Amount Due at 10/29/13 29,529.11

**Invoice was received after ratification of $262,540 by City Council on September 17, 2013.

West Texas Water Partnership

Summary of Invoices Received

As of October 29, 2013

City of San Angelo



From: Tina Bunnell, Finance Director

Subject: Financial Update on West Texas Water Partnership

Contact: Tina Bunnell, Finance Director

Caption: Regular Item

Consideration of authorizing funding and payment for City’s proportionate share of costs incurred for services pursuant to the interlocal agreement between cities of Abilene, Midland and San Angelo, effective April 9, 2011 (West Texas Water Partnership), for two invoices invoice dated September 17, 2013 and October 29, 2013

Summary: On September 17, 2013, the City Council of the City of San Angelo directed staff to

seek reimbursement from the City of San Angelo Development Corporation for expenditures made for the purpose of the West Texas Water Partnership. On that date, the City Council also ratified all previous expenditures to date. Staff was directed to bring any future expenditures before the City Council before making further payments. Invoices dated September 17, 2013 and October 29, 2013, have since been received. Part of the expenditures were included in the total amount already ratified by Council. Expenditures for the months of August and September had not been received at that time. The additional amount due is $29,529.11.

Attached is a historical financial summary of those expenditures incurred and paid for the West Texas Water Partnership as of October 29, 2013.

History: In March 2011, the City of San Angelo entered into an Interlocal Agreement with the cities of Midland and Abilene which has since been labeled the West Texas Water Partnership. Payments to date have been paid by the Water Capital Projects Fund of the City of San Angelo.

Financial Impact: See attached financial summary.

Related Vision Item

(if applicable):

Financial Vision


Staff recommends payment of the invoice.

Attachments: Financial Summary, Invoices: June, August, & Sept; PowerPoint slide

Presentation: PowerPoint slide

Publication: None


Michael Dane, ACM/CFO

Approved by Legal: N/A

City of San Angelo Finance Department

Memo Date: September 17, 2013


From: Morgan Chegwidden, Budget Manager


Contact: Morgan Chegwidden, Budget Manager, 653-6291

Caption: Regular Item

Consideration of adopting a resolution authorizing the discontinuation of Wastewater PILOT transfers.

Summary: As requested, on September 17, 2013, staff will present options on changing the Wastewater PILOT transfer. Council requested that staff present an ordinance with options to reduce the Wastewater PILOT transfer. The City Attorney’s office advised that a resolution was the proper tool to give staff direction and set policy. Payment in lieu of taxes (PILOT) occurs when a municipality’s General Fund receives payment from a non-profit, government entity, or enterprise fund to compensate for property tax that would have been required of a taxable entity. The Wastewater Fund is an enterprise fund, a government service that acts like private business by providing service to customers for a fee. Municipalities are permitted to retain a reasonable return from other funds to support General Fund revenues. Ordinarily, recommended practices indicate PILOT should be calculated similarly to tax assessments. For example, the current tax rate would be applied to the value of property. For the Wastewater Fund that calculation would yield a PILOT transfer of approximately $680,975. This calculated methodology is actually $180,975 more than the budgeted transfer amount.

Calculation Methodology Wastewater Property Valuation $87,754,559

Multiplied by Tax Rate x 0.00776

Computed PILOT 680,975

Budgeted PILOT (500,000)

Computed Over/(Under) Budgeted $180,975

In the attached resolution are two examples of how the City could reduce the wastewater PILOT transfer. Those examples are: 1. Reduce the wastewater payment in lieu of taxes transfer by $100,000 every consecutive year for five years beginning in fiscal year 2014-15 and ending in fiscal year 2018-19:

Fiscal Year 2013-14 $500,000 Fiscal Year 2014-15 $400,000 Fiscal Year 2015-16 $300,000 Fiscal Year 2016-17 $200,000 Fiscal Year 2017-18 $100,000 Fiscal Year 2018-19 -0-

OR 2. Reduce the wastewater payment in lieu of taxes transfer by $250,000 every consecutive year for two years beginning in fiscal year 2014-15 and ending in fiscal year 2015-16.

Fiscal Year 2013-14 $500,000 Fiscal Year 2014-15 $250,000 Fiscal Year 2015-16 -0-

History: In 2004, the Water PILOT was discontinued per Council direction. No action was taken for the Wastewater PILOT at that time. On September 3, 2013 the City Council adopted the 2013-2014 budget ordinance. Financial Impact: The fiscal year 2013-14 budget for the Wastewater Fund’s PILOT expense is $500,000. The General Fund budgeted $500,000 in revenue from the Wastewater PILOT. In order to discontinue the Wastewater PILOT transfer, the General Fund will need to (1) decrease expenses by and/or (2) replace lost revenue with new or increased sources. Related Vision Item (if applicable): Financial Vision. Other Information/Recommendation: None Attachments: Resolution Presentation: By Morgan Chegwidden Publication: None Reviewed by Director: Tina Bunnell, Finance Director, 657-4268

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, IN PREPARATION FOR STAFF TO PROVIDE FOR BUDGET GOALS AND POLICIES THAT INCLUDE THE FOLLOWING OPTIONS FOR TERMINATING THE WASTEWATER PAYMENT IN LIEU OF TAXES TRANSFER.

WHEREAS, the City Council of the City of San Angelo, Texas desires to discontinue the

wastewater payment in lieu of taxes (PILOT) transfer; and WHEREAS, a municipality’s General Fund may receive payment from an enterprise fund

for property tax that would have been required of a taxable entity; and WHEREAS, municipalities are permitted to retain a reasonable return from other funds to

support General Fund Revenues; and WHEREAS, the current wastewater payment in lieu of taxes is $500,000 per year; and WHEREAS, the water payment in lieu of taxes was discontinued by City Council direction

in 2004; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the City shall discontinue the wastewater payment in lieu of taxes in one of the following ways:

1. Reduce the wastewater payment in lieu of taxes transfer by $100,000 every consecutive year for five years beginning in fiscal year 2014-15 and ending in fiscal year 2018-19;

2. Reduce the wastewater payment in lieu of taxes transfer by $250,000 every

consecutive year for two years beginning in fiscal year 2014-15 and ending in fiscal year 2015-16.

PASSED, APPROVED, and ADOPTED on this the ____ day of _______________, 2013.

CITY OF SAN ANGELO, TEXAS

________________________ Dwain Morrison, Mayor

ATTEST: Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: Tina Bunnell, Finance Director Lysia H. Bowling, City Attorney

City of San Angelo Finance Department



From: Morgan Chegwidden, Budget Manager


Contact: Morgan Chegwidden, Budget Manager, 653-6291

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

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

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

• Airport Terminal Project Change Order

History: See attached Budget Amendment Request memorandum.

Financial Impact: $29,286 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Director: Tina Bunnell, Director of Finance

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

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

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

WHEREAS the resources necessary for these changes are available;

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

The City’s budget for fiscal year 2013-2014 be amended by the amounts contained in Exhibit A.

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


__________________________________ Dwain Morrison, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Tina Bunnell, Director of Finance

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Description Total

Revenue Amendment

Total Expense

Amendment Net

Benefit/(Cost)

COSA Operating Budget

529

Passenger Facility Charge Fund

0 14,643 (14,643)

530 Airport Federal Aviation Administration Projects Fund

14,643 14,643 0

Totals 14,643 29,286 (14,643)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense Net Benefit/

(Cost)

Airport Terminal Project Change Order

Passenger Facility Charge Fund – Fund Balance

14,643 29,286 (14,643)

Totals 14,643 29,286 (14,643)

City of San Angelo

Memo Date: August 21, 2013


From: Alicia Ramirez, City Clerk

Subject: Agenda Item for September 3, 2013 Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: REGULAR Item

Consideration of introducing an ordinance increasing the number of members on the Public Housing Authority from five (5) to seven (7) and other related provisions.

AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE 2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED; MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5) TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

Summary/History: • 2003, the City Council increased the membership of the Public Housing Authority (PHA) from five (5) to seven (7) and added some recommendations for certain professions to be included on the Board.

• 2005, the PHA voted to reduce the number of Board members. In the last four years, the Mayor has not appointed more than five members to the PHA. Additionally, there is a Court of Appeals case from El Paso that calls into question a city’s ability to raise the number of members. In light of all of the above, staff is proposing to amend the ordinance to conform with current practice.

• 2013, the PHA voted to increase the number of board members from five (5) to seven (7)

Financial Impact: None

Related Vision Item

(if applicable):

This item is not related to a specific City Council Goal.


Staff recommends approval of ordinance to mirror the action by PHA.

Attachments: • PHA 4/18/13 Minutes • PHA Revised Bylaws • Local Gov’t Code Sec. 392.0331 Appointment of Tenant Representative as

Commissioner of Municipal Housing Authority • Draft Ordinance

Presentation: None

Publication: None


Daniel Valenzuela, City Manager

Approved by Legal:

Sec. 392.0331. APPOINTMENT OF TENANT REPRESENTATIVE AS

COMMISSIONER OF MUNICIPAL, COUNTY, OR REGIONAL HOUSING AUTHORITY.

(a) This section applies only to:

(1) a municipality; or

(2) a county that has a county housing authority or is a

member of regional housing authority and the total number of units in

the authority is more than 750.

(b) Except as provided by Subsection (b-1), in appointing

commissioners under Section 392.031, a municipality with a municipal

housing authority composed of five commissioners shall appoint at

least one commissioner to the authority who is a tenant of a public

housing project over which the authority has jurisdiction. In

appointing commissioners under Section 392.031, a municipality with a

municipal housing authority composed of seven or more commissioners

shall appoint at least two commissioners to the authority who are

tenants of a public housing project over which the authority has

jurisdiction.

(b-1) The presiding officer of the governing body of a

municipality that has a municipal housing authority in which the total

number of units is 150 or fewer is not required to appoint a tenant to

the position of commissioner as otherwise required by Subsection (b)

if the presiding officer has provided timely notice of a vacancy in

the position to all eligible tenants and is unable to fill the

position with an eligible tenant before the 60th day after the date

the position becomes vacant.

(c) In appointing commissioners under Section 392.032, a county

shall appoint at least one commissioner to a county housing authority

who is a tenant of a public housing project over which the county

housing authority has jurisdiction.

(d) In appointing commissioners under Section 392.033, a county

or counties comprising a regional housing authority shall appoint at

least one commissioner to a regional housing authority who is a tenant

of a public housing project over which the regional housing authority

has jurisdiction. If more than one county comprises a regional

housing authority, the counties shall agree to a method for appointing

the tenant member to the regional housing authority.

(e) A commissioner appointed under this section may not be an

officer or employee of the municipality or county that appoints the

Page 1 of 2LOCAL GOVERNMENT CODE CHAPTER 392. HOUSING AUTHORITIES ESTAB...

8/21/2013http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.392.htm

commissioner.

(f) Except as provided by Subsection (f-1), a commissioner

appointed under this section may not serve more than two consecutive

two-year terms.

(f-1) Subsection (f) does not apply to a municipality that has

a municipal housing authority in which the total number of units is

150 or fewer.

(g) A commissioner appointed under this section may not

participate:

(1) in any vote or discussion concerning the termination

of the commissioner's occupancy rights in public housing or the rights

of any person related in the first degree by consanguinity to the

commissioner; or

(2) in a grievance or administrative hearing in which the

commissioner or a person related in the first degree by consanguinity

to the commissioner is a party.

(h) If a commissioner appointed under this section ceases to

reside in a housing unit operated by the public housing authority

during the commissioner's term, a majority of the other commissioners

shall decide whether to request that a new commissioner be appointed.

A majority of the commissioners may decide to allow the commissioner

to serve the remaining portion of the commissioner's term.

(i) If a commissioner appointed under this section fails to

attend three consecutive regularly called meetings of the housing

authority commissioners during the commissioner's term, a majority of

the commissioners shall decide whether to declare the position vacant

and request that a new commissioner be appointed. A majority of the

commissioners may decide to allow the commissioner to serve the

remaining portion of the commissioner's term.

Added by Acts 1993, 73rd Leg., ch. 1009, Sec. 4, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 834, Sec. 1, eff. Aug. 28, 1995;

Acts 1999, 76th Leg., ch. 175, Sec. 1, eff. May 21, 1999; Acts 1999,

76th Leg., ch. 436, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 291, Sec. 10, eff. September 1,

2011.

Page 2 of 2LOCAL GOVERNMENT CODE CHAPTER 392. HOUSING AUTHORITIES ESTAB...

8/21/2013http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.392.htm

C:\Users\alicia.ramirez.COSADOMAIN\Documents\- 2013 Packets\11-05-13\23 CC PHA Board Amendment Ord.doc MW;df 09 16 09

AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE 2.2700 ENTITLED “HOUSING AUTHORITY”, SECTION 2.2701 ENTITLED “CREATED; MEMBERS; TERMS”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, BY INCREASING THE NUMBER OF MEMBERS ON THE HOUSING AUTHORITY FROM FIVE (5) TO SEVEN (7); PROVIDING THAT TWO (2) MEMBERS BE TENANTS OF PUBLIC HOUSING; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the City of San Angelo has established a Housing Authority pursuant to Local Government Code Chapter 392 Housing Authorities established by Municipalities; and WHEREAS, the Housing Authority of the City of San Angelo unanimously voted to increase the number of governing board members from a five (5) member board to a seven (7) member board; and WHEREAS, pursuant to Local Government Code Chapter 392, Section 392.0331 appointment of tenant representative as commissioner of municipal housing authority, a municipality with a municipal housing authority composed of seven or more commissioners shall appoint at least two commissioners to the authority who are tenants of a public housing project over which the authority has jurisdiction. NOW THEREFORE BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1) THAT, Chapter 2, Article 2.2700, Article 2.2701 of the Code of Ordinances, City of San Angelo, Texas, is hereby amended to read as follows:

Sec. 2.2701 Created; Members; Terms

a) There is hereby created within and for the City of San Angelo a Public Housing Authority to be known as the Housing Authority of the City of San Angelo which shall be composed of seven (7) members. The members shall be appointed to the Authority by the Mayor of the City of San Angelo.

b) Members shall serve two (2) year terms.

c) All members shall be representative of the general public, residents of the City of San Angelo and qualified voters of the City. Two (2) members shall be tenants of a public housing project over which the Authority has jurisdiction.

C:\Users\alicia.ramirez.COSADOMAIN\Documents\- 2013 Packets\11-05-13\23 CC PHA Board Amendment Ord.doc MW;df 09 16 09

d) Members shall draw no salary and may not be elected officers of any governmental agency or in the employ of the City of San Angelo.

Section 2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY:

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

Section 3) THAT, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the day of 2013, and finally PASSED, APPROVED and ADOPTED on this the day of , 2013.


ATTEST: Dwain Morrison, Mayor

Alicia Ramirez, City Clerk

Approved as to content: Approved as to form: Daniel Valenzuela, City Manager Lysia H. Bowling, City Attorney

Revised 4/9/2009

CORPORATE BYLAWS

OF THE

HOWARD COLLEGE AT SAN ANGELO FOUNDATION

Article I. – Officers

Section 1. The principal office of the corporation shall be the registered office, at Howard College at San Angelo, 3501 North U.S. Highway 67, San Angelo, Tom Green County, Texas. The corporation may have such other offices, either within or without the State of Texas as the Board of Directors may determine or as the affairs of the corporation may require from time to time.

Section 2. Registered office and registered agent. The Corporation shall have and continuously maintain in the State of Texas a registered office, and a registered agent whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act. The registered office may be, but need not be, identical with the principal office in the State of Texas, and the address of the registered office may be changed from time to time by the Board of Directors.

Article II. - Board of Directors

Section 1. General Powers. The affairs of the corporation shall be managed by its Board of Directors.

Section 2.1. Number, tenure, and qualifications. Although the initial number of directors is five, after the organization meeting of the incorporators of the corporation, the Board of Directors shall consist of at least ten directors, including any member of the incorporating board until their resignation from the board, three appointed trustees of the Howard County Junior College District Board of Trustees, the President of Howard County Junior College District, the Provost, Howard College San Angelo, and the others shall be selected by majority vote of the members of the board, and, one ex-officio member of whom shall be the elected Tom Green County Commissioner, Precinct 1 or their designee, and one ex-officio of whom shall be the elected Mayor for the City of San Angelo or their designee. The Board of Directors, if deemed necessary, may at a later date increase the number of ex-officio members not to exceed a total of three.

Section 2.2. After the organization meeting, the Board of Directors of the corporation shall at all times consist of the then elected or appointed incorporating board members of the Howard College at San Angelo Foundation, each of whom shall serve for a term commencing with his or her election to such Board or the date of the incorporation of this corporation, whichever is the later time.

2

Section 2.3. The President of the Howard County Junior College District shall likewise automatically serve as a member of the Board of Directors of the corporation during his/her tenure as chief administrator, with his/her term as a director to automatically cease upon his/her ceasing to be chief administrator of said district for any cause, and with any new chief administrator of said district to automatically become a member of the Board of Directors of this corporation upon his/her employment as chief administrator of the District, to serve during his/her tenure as chief administrator of said district.

Section 2.4. The Provost, Howard College San Angelo shall likewise automatically serve as a member of the Board of Directors of the corporation during his/her tenure as provost, with his/her term as director to automatically cease upon his/her ceasing to be provost of said college for any cause, and with any new provost of said college to automatically become a member of the Board of Directors of this corporation upon his/her employment as chief administrator of the college, to serve during his/her tenure as provost of said college.

Section 2.5. The other four directors shall initially be selected by the members of the Board of Directors by virtue of the fact that they are present incorporators at the organization meeting, by majority vote. Two such directors shall be elected for a term of one year, to expire immediately prior to the annual meeting of the Board of Directors held in the year 1991. Two of said directors shall be elected for a term of two years, to expire immediately prior to the annual meeting of the Board of Directors held in the year 1992.

Section 2.6. After selection of the initial Board of Directors as above provided, at least two new directors shall be selected by majority vote of the Board of Directors at each annual meeting of said board, to succeed the two directors whose terms shall have expired immediately prior to such meeting, and each such director so selected shall serve for a term of three years, commencing with the time of his or her selection and ending immediately prior to the annual meeting of the Board of Directors three years after the date of the selection of such person as Director, it being intended that the terms of the four directors selected by the Board shall be staggered so that at least two new directors will be elected each year, to replace whose terms expire. Nothing herein shall prevent the Board of Directors from reelecting a person to office as director, if it so determines. In the event any of the four directors selected by the Board of Directors shall die, resign, permanently move out of the state, or as determined by majority vote of the Board of Directors at any regular or special meeting, became physically or mentally unable to perform his or her duties as a director, the Board of Directors may (but shall not be required to) at any regular or any special meeting, elect a successor director to serve for the unexpired term of such director who shall have so died, resigned, moved out of the state, or become unable to act.

Section 2.1.7. All Directors shall, at all time, be citizens of the United States and residents of the state of Texas, and any Director who shall permanently move from said state shall automatically cease to be a Director of this corporation.

3

Section 3. Regular meetings. A regular annual meeting of the Board of Directors shall be held in September, at a time and place designated by the president. Regular quarterly meetings may be held thereafter at a time and place designated by the president of the Board, and special meetings may be called by or at the request of the president of the Board or any two Directors.

Section 4. Notice. Notice of the regular meeting, regular quarterly meeting or any special meeting of the Board of Directors shall be given at least two days previously thereto by written notice delivered personally or sent by mail or telegram to each Director at his/her address as shown by the records of the corporation. Such notice shall be deemed to be delivered in the second business day after the same is deposited in the United States Mail so addressed with postage thereon prepaid. Any Director may waive notice of any meeting. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of notice such meeting, unless specifically required by law or hereafter determined by the Board of Directors.

Section 5. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors as present at said meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice.

Section 6. Manner of acting. The act of a majority of the Directors present a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or these Bylaws, or unless a quorum is impossible and the requirements of Section 5 of this Article have to be carried out in order to fill all the vacancies on the Board of Directors.

Section 7. Compensation. Directors as such shall not receive any stated salaries for their services, but by resolution of the Board of Directors a fixed sum of expenses of attendance may be allowed for attendance at each regular or special meeting of the Board; but nothing herein contained shall be construed to preclude any Director from serving the corporation in any other capacity and receiving compensation therefor for special services rendered.

Section 8. Informal action by Directors. Any action required by law to be taken at a meeting of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors.

4

Article III. Officers

Section 1. Officers. The officers of the corporation shall be a President, one or more Vice Presidents (the number thereof to be determined by the Board of Directors), a Secretary, a Treasurer, and such other officers as may be elected in accordance with the provisions of the Article. The Board of Directors may elect or appoint such other officers as it shall deem desirable; such officers to have the authority and perform the duties prescribed from time to time by the Board of Directors and as may be prescribed by these Bylaws. Any two or more offices may be held by the same person, except the office of the President.

Section 2. Election and term of office. The officers of the corporation shall be elected by the Board of Directors for the term of two years at the regular annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected and shall have qualified.

Section 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed.

Section 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term.

Section 5. President. The President of the Board of Directors shall be the principal executive officer of the corporation and shall, in general, supervise and control all of the business and affairs of the corporation. He or she shall preside at all meetings of the members and of the Board of Directors. He or she may sign, with the Secretary or any other proper officer of the corporation authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or these Bylaws or by statute to some of the officer or agent of the corporation; and in general, he or she shall perform all duties incident to the office of the President and such other duties as may be prescribed by the Board of Directors from time to time.

Section 6. Vice President. In the absence of the President or in the event of his or her inability or refusal to act, the Vice President (or in the event there be more than one Vice President, the Vice President, in the order of their election) shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions

5

that are placed upon the President. Any Vice President shall perform such other duties as from time to time may be assigned to him or her by the President or by the Board of Directors.

Section 7. Treasurer. The Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety of sureties as the Board of Directors shall determine. He or she shall have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies, and other depositories as shall be selected in accordance with the provisions of Article VI of these Bylaws; and in general perform all duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Board of Directors.

The Treasurer shall prepare a financial report of the corporation at the end of the fiscal year and may have prepared by a certified public accountant an audit of the books of the corporation and shall present his or her annual financial report and said audit, if any, to the Board of Directors at its annual meeting following the close of the fiscal year. The Board of Directors may require an audit, and may direct the particular certified public accountant who is to conduct it.

Section 8. Secretary. The Secretary, registered agent, shall keep the minutes of the meetings of Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; be custodian of the corporate records and see that all documents executed are duly authorized in accordance with the provisions of these Bylaws; keep a register of the post office address of each Director which shall be furnished to the Secretary by such member; and in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or by the Board of Directors.

Section 9. Assistant Treasurers and Assistant Secretaries. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, in general, shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors.

Article IV. – Committees

Section 1. Committees of Directors. The Board of Directors by resolution adopted by a majority of the Directors in office, may designate and appoint one or more committees, each of which shall consist of two or more Directors, which committees, to the extent provided in said resolution, shall have and exercise the authority of the Board of Directors in the management of the corporation; provided, however, that no such committee shall have the authority of the Board of Directors in reference to amending, altering or repealing the Bylaws; electing, appointing or

6

removing any member of any such committee or any Director or officer of the corporation; amending Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange or mortgage of all or substantially all of the property and assets of the corporation; authorizing the voluntary dissolution of the corporation or revoking proceedings therefore; adopting a plan for the distribution of the assets of the corporation; or amending, altering or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended, altered, or repealed by such committee. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual Director, of any responsibility imposed upon it or him or her by law.

Section 2. Other committees. Other committees not having and exercising the authority of the Board of Directors in the management of the corporation may be designated by a resolution adopted by a majority of the Directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, members of all committees shall be residents of the state of Texas, and the President of the corporation shall appoint the members thereof Any member thereof may be removed by the person or persons authorized to appoint such member whenever in their judgment and the best interests of the corporation shall be served by such removal.

Section 3. Term of office. Each member or a committee shall continue as such until the next annual meeting of the Directors of the corporation and until his or her successor is appointed unless the committee shall be sooner terminated, or unless such member be removed from such committee, or unless such member shall cease to quality as a member thereof.

Section 4. Chairman. One member of each committee shall be appointed chairman by the person or persons authorized to appoint the members thereof.

Section 5. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments.,

Section 6. Quorum. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a majority of the whole committee shall constitute a quorum. Any act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee.

Section 7. Rules. Each committee may adopt rules for its own government not inconsistent with these Bylaws or with rules adopted by the Board of Directors.

7

Article V. - Contracts, Checks, Deposits, and Funds

Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents of the corporation, in addition to the officer so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation and such authority may be general or confined to specific instances.

Section 2. Checks, drafts, etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer or an Assistant Treasurer and counter-signed by the President or a Vice President of the corporation.

Section 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositories as the Board of Directors may select.

Article VI. - Books and Records

Section 1. Minutes, records. The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committees having any of the authority of the Board of Directors. All books and records of the corporation may be inspected by any member or his agent or attorney, for any purpose at any reasonable time.

Article VII. - Fiscal Year

The fiscal year of the Corporation shall begin on the 1st day of September of one year and end of the last day of August of the next year.

Article VIII. – Seal

The Board of Directors shall provide a corporate seal which shall be circular in form and shall have inscribed thereon the name of the corporation and the state of the corporation and the words, “Corporate Seal”.

8

Article IX. - Waiver of Notice

Whenever any notice is required to be given by law or under the provisions of the Articles of Incorporation or by the Bylaws of the corporation, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

Article X. – Amendments

These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a majority of the existing Directors at any regular meeting or any special meeting, if at least two days written notice is given of intention to alter, amend or repeal or to adopt new Bylaws at such meeting.

Article XI - Parliamentary Authority

Roberts Rules of Order shall be the parliamentary guide for matters not covered by these Bylaws.