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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

City Council Agenda

Page 1 of 6

November 5, 2013
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 rightof-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;

City Council Agenda

Page 2 of 6

November 5, 2013
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)
12. 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
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
City Council Agenda

Page 3 of 6

November 5, 2013
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)
13. 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
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
(Presentation by Interim Senior Planner Jeff Hintz)
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 13foot 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
(Presentation by Interim Senior Planner Jeff Hintz)
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
City Council Agenda

Page 4 of 6

November 5, 2013
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

City Council Agenda

Page 5 of 6

November 5, 2013
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

City Council Agenda

Page 6 of 6

November 5, 2013
PROCLAMATION
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
PROCLAMATION
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
___________________________
Dwain Morrison, Mayor
PROCLAMATION
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.
THE CITY OF SAN ANGELO
___________________________
DWAIN MORRISON, MAYOR
RESOLUTION
lwne 19,2073
WHEREAS, Dwain Morrison served as an ex-officio member of the
Howard college san Angelo Foundation from March 2004 until March
2013, dedicating his time, knowledge and energ-y to the betterment of

the Howard College San Angelo campus, and

WHEREAS, Dwain Morrison carefully considered each foundation
decision, shared thoughtful insight and demonstrated outstanding

Ieadership based on moral and ethical principles, and

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

BE IT THEREFORE RESOLVED, that the Howard College San
Angelo Foundation wishes to express our sincerest appreciation to
Dwain Morrison for nine years of outstanding

,-

service.

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CITY COUNCIL MINUTE RECORD
The City of San Angelo
Tuesday, October 15, 2013

Page 837
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
At 5:40 P.M., Council reconvened, and the following business was transacted:
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
Vol. 104

Minutes
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
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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, #2013-10134)
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)
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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
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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 #201310-140)
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
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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, #201310-141)
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
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$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 2014001269-00, 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, #2013-10143)
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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, #201310-147)
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.
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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.
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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
At 8:23 P.M., Council reconvened, and the following business was transacted:
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.
Minutes
October 15, 2013

Page 847
Vol. 104

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).
Page 848
Vol. 104

Minutes
October 15, 2013

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:

History:

Financial
Impact:
Other
Information:

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).
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.
The estimated annual expense for these patching materials will not exceed
$250,000.00.
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
CITY OF SAN ANGELO
Bid Tabulation Summary/Street Paving Materials
RFB NO: SB-01-13 * September 25, 2013 2:00pm

CSA Materials

Item

Description
CMCL Premix

1

Approx
Qty (Tons)

Type C

Unit Price

Total Price

No Bid

No Bid

1,000

Vulcan

Ergon Asphalt

Unit Price

Total Price

$

$ 67,250.00

No Bid

No Bid

67.25

Unit Price Total Price

HMAC
2

Type D

3,000 $

92.09

$ 276,270.00

No Bid

No Bid

No Bid

No Bid

No Bid

No Bid

No Bid

No Bid

No Bid

$ 200,850.00

No Bid

No Bid

No Bid

No Bid

HMCL
3

Type D

3,000

No Bid

Flex Base

4

Grade 2
Type A

15,000 $

13.39

Totals

$ 477,120.00

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

$ 67,250.00
CITY OF SAN ANGELO
Bid Tabulation/Street Paving Materials
RFB NO: SB-01-13 * September 25, 2013 2:00pm

A

Approx Qty
(Tons)

Description
CMCL Premix
Type C
HMAC
Type D
HMCL
Type D

$/ton Material
at Supplier
Plant

1,000
3,000

$
15,000
Totals

$

$

$ 349,500.00

B

Total
Delivered
Price

$/ton
Material at
Supplier
Plant

Freight/ton
delivered to
City Yard

Material &
Freight

$

$

$

No Bid

7.09

No Bid

No Bid

No Bid

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

1.5

25 tons

$ 200,850.00

No Bid

No Bid

No Bid

$ 35,000.00

$ 32,250.00

92.09
No Bid

7.09

$

$ 127,620.00

(A+B X QTY)

$ 67,250.00

$

13.39

$ 477,120.00

Min.
Order

A

Conversion
Ton/Cu. Yd.

No Bid

6.30

Vulcan
A+B

(A+B X QTY)

Material &
Freight

No Bid

85.00
No Bid

3,000

Flex Base
Grade 2
Type A

Freight/ton
delivered to
City Yard

No Bid

$

CSA Materials
A+B

B

$ 477,120.00

35.00

32.25

A

B

Total
Delivered
Price

$/ton
Material at
Supplier
Plant

Freight/ton
delivered to
City Yard

Ergon Asphalt
A+B

Min.
Order

1.15

25 tons

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

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

No Bid

No Bid

No Bid

No Bid

No Bid

$ 67,250.00

*

$ 67,250.00

Bidding Item 330 TxDot - Premix Limestone Rock Asphalt Grades AA, A, B, C, or CC.
Remarks:
*=Mathematical Correction Submitted as $62,250

Payment Terms

N30

N30

NA

Procurement Card
Piggy-Back Procurement Option

No
No

No
No

NA
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

Bid Tab SB0113-Final

Conversion
Ton/Cu. Yd.

Total
Delivered
Price

Conversion
Ton/Cu. Yd.

67.25

Material &
Freight

(A+B X QTY)

Min. Order
City of San Angelo

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).
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

Memo
Date:

October 10, 2013

To:

Mayor and Councilmembers

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 Neighborhood Vision: Provide good infrastructure
(if applicable):
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
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.
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.
1.1.

INSTRUCTIONS TO BIDDERS .......................................................................................................................3
EMPLOYMENT REQUIREMENTS AND W AGE RATES ..................................................................................7

2.

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

3.

GENERAL CONDITIONS ........................................................................................................................ 33
3.0.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.

4.

GENERAL CONDITIONS ............................................................................................................................33
WORKER’S COMPENSATION INSURANCE REQUIREMENTS .....................................................................43
CONTRACT MEASUREMENT AND PAYMENT ............................................................................................44
PROJECT REQUIREMENTS .......................................................................................................................47
M ATERIALS ...............................................................................................................................................48
PROJECT MEETINGS ................................................................................................................................49
CONSTRUCTION ADMINISTRATION ...........................................................................................................50

TECHNICAL SPECIFICATIONS ............................................................................................................ 53
4.0.
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
4.10.

GENERAL ..................................................................................................................................................53
QUALIFICATIONS OF CONTRACTOR ........................................................................................................53
FURNITURE MOVING.................................................................................................................................53
M ATERIAL DELIVERY AND STORAGE ......................................................................................................53
QUALITY CONTROL ..................................................................................................................................53
PROTECTION.............................................................................................................................................53
CLEAN-UP ................................................................................................................................................53
INSPECTIONS ............................................................................................................................................54
SPECIFICATIONS FOR M ATERIALS: ..........................................................................................................54
SPECIFICATIONS FOR WORK ...................................................................................................................54
LOCATIONS AND ESTIMATES ...................................................................................................................54

i
Intentionally Left Blank

ii
CITY OF SAN ANGELO

PURCHASING DEPARTMENT

72 West College Avenue, San Angelo, Texas 76903
Tel: (325) 657-4219 or 657-4220

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.

RFB: CH-01-13/Carpet Replacement

Page 1
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 roger.banks@cosatx.us
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: roger.banks@cosatx.us

RFB: CH-01-13/Carpet Replacement

Dwain Halfmann, Building Maint. Supv.
City of San Angelo
622 South Oakes
San Angelo Texas, 76903
Office: (325) 656-6265
Email: dwain.halfmann@cosatx.us

Page 2
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

RFB: CH-01-13/Carpet Replacement

Page 3
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?

RFB: CH-01-13/Carpet Replacement

Page 4
•

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

RFB: CH-01-13/Carpet Replacement

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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

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November 5, 2013 Agenda packet

  • 1. 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 City Council Agenda Page 1 of 6 November 5, 2013
  • 2. 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 rightof-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; City Council Agenda Page 2 of 6 November 5, 2013
  • 3. 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) 12. 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 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 City Council Agenda Page 3 of 6 November 5, 2013
  • 4. 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) 13. 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 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 (Presentation by Interim Senior Planner Jeff Hintz) 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 13foot 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 (Presentation by Interim Senior Planner Jeff Hintz) 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 City Council Agenda Page 4 of 6 November 5, 2013
  • 5. 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 City Council Agenda Page 5 of 6 November 5, 2013
  • 6. 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 City Council Agenda Page 6 of 6 November 5, 2013
  • 7. PROCLAMATION 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.
  • 8. THE CITY OF SAN ANGELO ___________________________ Dwain Morrison, Mayor
  • 9. PROCLAMATION 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
  • 11. PROCLAMATION 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. THE CITY OF SAN ANGELO
  • 13. RESOLUTION lwne 19,2073 WHEREAS, Dwain Morrison served as an ex-officio member of the Howard college san Angelo Foundation from March 2004 until March 2013, dedicating his time, knowledge and energ-y to the betterment of the Howard College San Angelo campus, and WHEREAS, Dwain Morrison carefully considered each foundation decision, shared thoughtful insight and demonstrated outstanding Ieadership based on moral and ethical principles, and STHEREAS, Dwain Morrison served the foundation through his sincere interest, wisdom and deliberate actions in regard to the welfare of the students, the college and the community. BE IT THEREFORE RESOLVED, that the Howard College San Angelo Foundation wishes to express our sincerest appreciation to Dwain Morrison for nine years of outstanding ,- service. ), ./ j,uzt'"-'^ -!A .,'". L '1u - a ''t; .l
  • 14. CITY COUNCIL MINUTE RECORD The City of San Angelo Tuesday, October 15, 2013 Page 837 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 At 5:40 P.M., Council reconvened, and the following business was transacted: FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session.
  • 15. Page 838 Vol. 104 Minutes 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
  • 16. Minutes October 15, 2013 Page 839 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, #2013-10134) 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)
  • 17. Page 840 Vol. 104 Minutes October 15, 2013 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
  • 18. Minutes October 15, 2013 Page 841 Vol. 104 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 #201310-140) 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
  • 19. Page 842 Vol. 104 Minutes October 15, 2013 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, #201310-141) 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. Minutes October 15, 2013 Page 843 Vol. 104 $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 2014001269-00, 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, #2013-10143)
  • 21. Page 844 Vol. 104 Minutes October 15, 2013 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, #201310-147) 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.
  • 22. Minutes October 15, 2013 Page 845 Vol. 104 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.
  • 23. Page 846 Vol. 104 Minutes October 15, 2013 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 At 8:23 P.M., Council reconvened, and the following business was transacted: 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.
  • 24. Minutes October 15, 2013 Page 847 Vol. 104 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).
  • 25. Page 848 Vol. 104 Minutes October 15, 2013 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.)
  • 26. 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: History: Financial Impact: Other Information: 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). 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. The estimated annual expense for these patching materials will not exceed $250,000.00. 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
  • 28. CITY OF SAN ANGELO Bid Tabulation Summary/Street Paving Materials RFB NO: SB-01-13 * September 25, 2013 2:00pm CSA Materials Item Description CMCL Premix 1 Approx Qty (Tons) Type C Unit Price Total Price No Bid No Bid 1,000 Vulcan Ergon Asphalt Unit Price Total Price $ $ 67,250.00 No Bid No Bid 67.25 Unit Price Total Price HMAC 2 Type D 3,000 $ 92.09 $ 276,270.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid $ 200,850.00 No Bid No Bid No Bid No Bid HMCL 3 Type D 3,000 No Bid Flex Base 4 Grade 2 Type A 15,000 $ 13.39 Totals $ 477,120.00 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 $ 67,250.00
  • 29. CITY OF SAN ANGELO Bid Tabulation/Street Paving Materials RFB NO: SB-01-13 * September 25, 2013 2:00pm A Approx Qty (Tons) Description CMCL Premix Type C HMAC Type D HMCL Type D $/ton Material at Supplier Plant 1,000 3,000 $ 15,000 Totals $ $ $ 349,500.00 B Total Delivered Price $/ton Material at Supplier Plant Freight/ton delivered to City Yard Material & Freight $ $ $ No Bid 7.09 No Bid No Bid No Bid 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 1.5 25 tons $ 200,850.00 No Bid No Bid No Bid $ 35,000.00 $ 32,250.00 92.09 No Bid 7.09 $ $ 127,620.00 (A+B X QTY) $ 67,250.00 $ 13.39 $ 477,120.00 Min. Order A Conversion Ton/Cu. Yd. No Bid 6.30 Vulcan A+B (A+B X QTY) Material & Freight No Bid 85.00 No Bid 3,000 Flex Base Grade 2 Type A Freight/ton delivered to City Yard No Bid $ CSA Materials A+B B $ 477,120.00 35.00 32.25 A B Total Delivered Price $/ton Material at Supplier Plant Freight/ton delivered to City Yard Ergon Asphalt A+B Min. Order 1.15 25 tons 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 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 No Bid No Bid No Bid No Bid No Bid $ 67,250.00 * $ 67,250.00 Bidding Item 330 TxDot - Premix Limestone Rock Asphalt Grades AA, A, B, C, or CC. Remarks: *=Mathematical Correction Submitted as $62,250 Payment Terms N30 N30 NA Procurement Card Piggy-Back Procurement Option No No No No NA 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 Bid Tab SB0113-Final Conversion Ton/Cu. Yd. Total Delivered Price Conversion Ton/Cu. Yd. 67.25 Material & Freight (A+B X QTY) Min. Order
  • 30. City of San Angelo 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).
  • 31. 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
  • 32. City of San Angelo Memo Date: October 10, 2013 To: Mayor and Councilmembers 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 Neighborhood Vision: Provide good infrastructure (if applicable): 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
  • 33. 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
  • 34.
  • 35. 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. 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. 1.1. INSTRUCTIONS TO BIDDERS .......................................................................................................................3 EMPLOYMENT REQUIREMENTS AND W AGE RATES ..................................................................................7 2. PROJECT AGREEMENT (DRAFT)........................................................................................................ 13 3. GENERAL CONDITIONS ........................................................................................................................ 33 3.0. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 4. GENERAL CONDITIONS ............................................................................................................................33 WORKER’S COMPENSATION INSURANCE REQUIREMENTS .....................................................................43 CONTRACT MEASUREMENT AND PAYMENT ............................................................................................44 PROJECT REQUIREMENTS .......................................................................................................................47 M ATERIALS ...............................................................................................................................................48 PROJECT MEETINGS ................................................................................................................................49 CONSTRUCTION ADMINISTRATION ...........................................................................................................50 TECHNICAL SPECIFICATIONS ............................................................................................................ 53 4.0. 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8. 4.9. 4.10. GENERAL ..................................................................................................................................................53 QUALIFICATIONS OF CONTRACTOR ........................................................................................................53 FURNITURE MOVING.................................................................................................................................53 M ATERIAL DELIVERY AND STORAGE ......................................................................................................53 QUALITY CONTROL ..................................................................................................................................53 PROTECTION.............................................................................................................................................53 CLEAN-UP ................................................................................................................................................53 INSPECTIONS ............................................................................................................................................54 SPECIFICATIONS FOR M ATERIALS: ..........................................................................................................54 SPECIFICATIONS FOR WORK ...................................................................................................................54 LOCATIONS AND ESTIMATES ...................................................................................................................54 i
  • 37. CITY OF SAN ANGELO PURCHASING DEPARTMENT 72 West College Avenue, San Angelo, Texas 76903 Tel: (325) 657-4219 or 657-4220 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. RFB: CH-01-13/Carpet Replacement Page 1
  • 38. 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 roger.banks@cosatx.us 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: roger.banks@cosatx.us RFB: CH-01-13/Carpet Replacement Dwain Halfmann, Building Maint. Supv. City of San Angelo 622 South Oakes San Angelo Texas, 76903 Office: (325) 656-6265 Email: dwain.halfmann@cosatx.us Page 2
  • 39. 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 RFB: CH-01-13/Carpet Replacement Page 3
  • 40. 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? RFB: CH-01-13/Carpet Replacement Page 4
  • 41. • 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 RFB: CH-01-13/Carpet Replacement Page 5
  • 42. 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 RFB: CH-01-13/Carpet Replacement Page 6