The document is the agenda for a City Council meeting to take place on October 1, 2013. The agenda includes items such as opening procedures, consent agenda items like approving meeting minutes and awarding contracts, a regular agenda with public hearings and ordinances on zoning changes, and closing procedures like future agenda items and adjournment. Key issues to be discussed are zoning changes, awarding of contracts, and reports on fire prevention and the energy industry. The meeting will take place at the McNease Convention Center and is open to the public.
San Angelo City Council 10-15-13 watering of parks, sports fields, fairmount...
October 1, 2013 Agenda Packet
1. City Council Agenda Page 1 of 5 October 1, 2013
NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, October 1, 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
“Fire Prevention Week”, October 6-12, 2013, to be accepted by Thomas Truett, Arson Investigator/Fire
Inspector, Fire Marshal's Office City of San Angelo
“Energy Industry Appreciation Month”, October 2013, to be accepted by Rene Peckham
President Desk and Derrick Club of San Angelo
D. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
On public hearing items, public input will be received on each item immediately following the Council
discussion and prior to any action on the item. Each member of the public should make their remarks
from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five
minutes, unless waived by a council member for all speaking on that matter. No individual will be
allowed to speak more than once on any one subject until every citizen wishing to comment has done so.
II. CONSENT AGENDA
1. Consideration of approving the September 17, 2013 City Council Regular meeting minutes
2. City Council Agenda Page 2 of 5 October 1, 2013
2. Consideration of awarding HGAC quote VM-04-13 for two ambulance box remounts service in the
amount of $72,900.00, and authorizing the City Manager to execute any necessary related documents
(submitted by Assistant Operations Director Patrick Frerich)
3. Consideration of jointly awarding RFB WU-18-13a LAS (Liquid Ammonium Sulfate) bid to
Chameleon Industries, Inc. (Mesquite, Tx) and to Pencco, Inc. in the total annual combined amount of
$41,172.00 for LAS for use in the Water Treatment Plant (submitted by Water Utilities Director Ricky
Dickson)
4. Consideration of awarding RFB WU-18-13b Ferric Chloride bid to Pencco, Inc. (San Filipe, Tx) in the
amount of $387,200.00 annually for ferric chloride coagulant for use in the Water Treatment Plant
(submitted by Water Utilities Director Ricky Dickson)
5. Consideration of accepting the FY2013 Emergency Management Performance Grant (EMPG) in the
amount of $58,278.98 and authorizing the Mayor or City Manager to execute related documents
(submitted by Interim Emergency Management Coordinator Teresa Covey)
6. Consideration of authorizing the City Manager to execute the Second Amendment to the Interlocal
Agreement and all related documents with the Concho Valley Transit District (CVTD), in
substantially the attached form, to provide transit services on behalf of the City of San Angelo
(submitted by Finance Director Tina Bunnell)
7. Consideration of adopting a Resolution of the City of San Angelo, Texas, authorizing the City
Manager to execute an Interlocal Agreement with the Concho Valley Transit District (CVTD)
providing for reimbursement to the City of eighty percent of costs incurred by City for construction of
pedestrian transit access infrastructure improvements pursuant to the Downtown Pedestrian
Improvement Plan from New Freedom Project Grant funds in the amount of $573,471, with a local
match of $143,368, under project grant agreement # 51107f7084 between the Texas Department of
Transportation and CVTD (submitted by Interim Economic Development Director Bob Schneeman)
8. Consideration of adopting a Resolution of the City of San Angelo, Texas, authorizing the City
Manager to execute the First Amended Fire and Security Equipment and Service Agreement to amend
the term of the original agreement dated October 5, 2010, said amended term being for five (5) years,
commencing October 5, 2010 and ending October 4, 2015, and certain other related provisions
(submitted by Construction & Facilities Manager Ron Lewis)
9. Consideration of adopting a Resolution accepting a WIC grant for the six months from October 1,
2013 through March 31, 2014, including that the City of San Angelo provide certain services for the
WIC program; authorization for the City Manager to execute a contract in substantially the attached
form therefore with the Texas Department of State Health Services, for an award of $409,472.00, for
the first six months of the fiscal year; authorizing the City Manager to negotiate and execute such
other contracts or addendums for grant funding for the balance of the fiscal year, and any related
documents (submitted by Neighborhood and Family Services Director Bob Salas)
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:
• Section 551.074(1) to deliberate the evaluation and duties of the City Manager; to deliberate the
discipline of a public officer, being a City Council member, for Code of Conduct and Code of
Ethics violations; and to hear a complaint or charge against an officer, being a City Council
member, or employee
3. City Council Agenda Page 3 of 5 October 1, 2013
• Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding
Red Arroyo Hills
G. PUBLIC HEARING AND COMMENT
10. Presentation on Crisis of the Concho: Towards a Conservation Plan by Aqua Squad 2013 Students
(Accompanied by Christy Youker, UCRA Education Director)
11. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-27: 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
(Presentation by Interim Senior Planner Jeff Hintz)
12. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-28: Greg Huling
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 280 feet
south of the intersection of Southland Boulevard and Green Meadow Drive. This property specifically
occupies the Community of Faith subdivision, Block 1, Section 1, Lots 1 & 2, in western San Angelo,
changing the zoning classification from Single-Family Residential (RS-1) to High-Rise Multi-Family
Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
13. Consideration of an appeal of Planning Commission's decision to deny case numbers Z13-29 & CU
13-19, requesting approval of a zone change from Single-Family Residential (RS-1) to General
Commercial (CG) -and- a conditional use to specifically allow for vehicle repair as defined in Section
315.i of the Zoning Ordinance, subject to the approval of the zoning change, specifically at 2588
Armstrong Street, located on the east side of Armstrong Street, approximately 800 feet south from the
intersection of Armstrong Street and east 28th Street. this property specifically occupies 6 acres from
tract 39 in the RS Longbotham Survey 0027, abstract 5735 in north-central San Angelo
(Presentation by Interim Senior Planner Jeff Hintz)
14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-31: 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
4. City Council Agenda Page 4 of 5 October 1, 2013
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 of Cornick's Addition, Block 2, Lots 8-11 and 0.8 acres of the Michael Himmer
Survey 321, Abstract 355, in northern San Angelo, changing the zoning classification from Two-
Family Residential (RS-2) to Multi-Family Residential (RM-1) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
15. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-32: 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
(Presentation by Interim Senior Planner Jeff Hintz)
16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit
“A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-33: 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
(Presentation by Interim Senior Planner Jeff Hintz)
17. First Public Hearing and consideration of introduction 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
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
5. City Council Agenda Page 5 of 5 October 1, 2013
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)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
18. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
19. Consideration of approving a Board nomination by Council and designated Councilmembers:
a. Ft. Concho Museum Board: Joe Spano (SMD6) to an unexpired term January 2014
20. Announcements and consideration of Future Agenda Items
The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M.
21. 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, September 27, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
6. P R O C L A M A T I O N
WHEREAS, Fire is a serious public safety concern both locally and nationally, and
homes are the locations where people are at the greatest risk from
fire; and
WHEREAS, Fire departments in the United States responded to nearly 400,000
home fires in a single year; and
WHEREAS, San Angelo residents are responsive to public education measures
and are able to take personal steps to increase their safety from fire,
especially in their homes; and
WHEREAS, The fire service of San Angelo is dedicated to the safety of life and
property from the devastating effects of fire, and they are joined by
other emergency service providers, businesses, safety advocates,
schools, and service clubs,
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 October 6-12, 2013 as
FIRE PREVENTION WEEK
and call upon the people of San Angelo to participate in fire prevention activities at home,
work, and school, and practice home fire safety especially this week which commemorates
the great Chicago Fire of 1871 which killed 250 persons, left 100,000 homeless, and
destroyed 17,400 buildings.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the Seal of the City to be
affixed this 1st day of October, 2013.
THE CITY OF SAN ANGELO
_________________________________
DWAIN MORRISON, MAYOR
7. P R O C L A M A T I O N
WHEREAS, the Concho Valley has an ever-growing community
of energy industries that support the local
economy; and
WHEREAS, these companies provide essential employment
opportunities for the citizens of this area; and
WHEREAS, the contributions of these companies improve the
quality of our everyday lives; and
WHEREAS, we recognize and sincerely appreciate these energy
industry companies;
NOW, THEREFORE, I, Dwain Morrison, Mayor of the City of San
Angelo, Texas, on behalf of the City Council, do hereby proclaim
the month of October 2013 as
“Energy Industry Appreciation Month”
in San Angelo, Texas, and urge all citizens to support and
recognize our energy industry companies.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City to be affixed this 1st
day of October, 2013.
THE CITY OF SAN ANGELO
_______________________________
DWAIN MORRISON, MAYOR
8. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 1
Tuesday, September 17, 2013 Vol. 104
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:05 A.M., Tuesday, September 17,
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 Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, with the exception of , thus constituting a quorum. Whereupon, the following
business was transacted:
An invocation was given by Citizen Harry Thomas and pledge was led by Candi Pool of the San Angelo
Association of Realtors.
PROCLAMATIONS AND RECOGNITIONS
Darlene Luna, Purchasing Specialist with the City of San Angelo, for receiving the State of Texas
Procurement Certification
“Lakeview Homecoming Day, Beat the Snyder Tigers”, Friday, September 27, 2013, was
accepted by Sadie Reddy, Student Cheerleader, Cheerleader Squad, and Lake View High School
Football Team
PUBLIC COMMENT
Public comments were made by Citizen JB Hall regarding support for the 19th
Street sidewalk project. Mayor
Morrison directed staff to speak with Mr. Hall regarding the project and for staff to post the necessary
information regarding the project on the City’s website.
Public comment and presentation was made by Citizen Bill Cullins and September Summers of Shannon
Medical Center and Stephanie Riley of HEB regarding the Get Healthy San Angelo and H-E-B Challenge
initiative.
Councilmember Silvas commented on an email received from Gary Goetz regarding debris and unsanitary
conditions at the 7th
and Pecan intersection.
CONSENT AGENDA
APPROVAL OF THE SEPTEMBER 3, 2013 CITY COUNCIL REGULAR MEETING MINUTES
CONSIDERATION OF AWARDING RFB WU-13-13 CHLORINE BID TO DPC INDUSTRIES INC.
(SWEETWATER, TX) IN THE AMOUNT OF $69,300.00 FOR LIQUID CHLORINE FOR USE IN THE
WATER TREATMENT PLANT (SUBMITTED BY WATER UTILITIES DIRECTOR RICKY DICKSON)
9. Page 352 Minutes
Vol. 104 September 17, 2013
APPROVAL OF A NEW LAKE LOT RESIDENTIAL LEASE FOR FINANCING PURPOSES WITH THE
FOLLOWING LESSEE AND AUTHORIZING THE MAYOR, CITY MANAGER, OR WATER UTILITIES
DIRECTOR TO EXECUTE THE SAME (Discussed in Regular Agenda)
Lot 17, Group 9, 1906 South Concho Drive (Sims)
Lot 20, Group 15, 2378 Fishermans Road (Jonas)
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT AND
ALL RELATED DOCUMENTS BETWEEN THE CITY AND AVIS CAR RENTAL GROUP, LLC, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR A NON-EXCLUSIVE LICENSE TO OPERATE AN
AUTOMOBILE RENTAL SERVICE AT THE SAN ANGELO REGIONAL AIRPORT-MATHIS FIELD
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT AND
ALL RELATED DOCUMENTS WITH BUDGET RENT A CAR SYSTEM, INC., IN SUBSTANTIALLY
THE ATTACHED FORM, FOR A NON-EXCLUSIVE LICENSE TO OPERATE AN AUTOMOBILE
RENTAL SERVICE AT THE SAN ANGELO REGIONAL AIRPORT-MATHIS FIELD
APPROVAL OF THE CONTINUATION OF A CITY POLICY PROVIDING FOR PAID TIME OFF FOR
CITY EMPLOYEES WHO CONTRIBUTE A “CARE SHARE”, A “DOUBLE CARE SHARE”, OR
GREATER TO THE 2013-2014 UNITED WAY CAMPAIGN
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR
E9-1-1 PUBLIC SAFETY ANSWERING POINT SERVICES WITH THE CONCHO VALLEY COUNCIL
OF GOVERNMENTS FOR THE OPERATION OF 9-1-1 SERVICES IN TOM GREEN COUNTY
PURSUANT TO THE REGIONAL PLANNING COMMISSION (RPC) STRATEGIC PLAN
ADOPTION OF A RESOLUTION ACCEPTING THE U.S. DEPARTMENT OF JUSTICE FY 2013
JUSTICE ASSISTANCE GRANT IN THE SUM OF TWENTY-TWO THOUSAND SEVEN HUNDRED
FORTY-ONE AND NO/100 DOLLARS ($22,741.00), 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
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY TO ACCESS THE
RESERVATION SYSTEM FOR 2014-2015 AMY YOUNG BARRIER REMOVAL PROGRAM FUNDS
AND APPLY ON BEHALF OF THE SAN ANGELO HOUSING SUPPORT DIVISION FOR SUCH GRANT
FUNDS; AND APPROVING ACCEPTANCE OF GRANT FUNDS AWARDED
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z13-25: Efraim and Lupe Puente
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: 801 Fisher Street, located at the northwest corner of the intersection of
Townview Lane and Fisher Street. This property specifically occupies the Porter Highland Acres, Block 2,
Except N 350' of W 122.9' and S 25' of Lot 30, in western San Angelo, changing the zoning classification from
Ranch & Estate (R&E) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY
AND PROVIDING A PENALTY
10. Minutes Page 353
September 17, 2013 Vol. 104
SECOND HEARING AND ADOPTION OF AN ORDINANCE AUTHORIZING ABANDONMENT OF
PUBLIC RIGHT-OF-WAY BETWEEN CORNICK'S ADDITION, BLOCK 2 AND IMMEDIATELY
NORTH OF LOTS 8-11 AND SOUTH OF THE BAPTIST MEMORIALS GERIATRIC ADDITION,
SECTION 2, BLOCK 2, LOT 1 IN NORTH-CENTRAL SAN ANGELO
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING
STREET SEGMENT, TO WIT: An approximately 20 foot wide x 450 foot long portion of alley running east
to west, perpendicular to Holcomb Street located between Cornick's Addition, Block 2 and immediately north
of Lots 8-11 and south of the Baptist Memorials Geriatric Addition, Section 2, Block 2, Lot 1 in north-central
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
SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A”
(ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 13-26: Mills Development, Inc.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed tract occupying a 24.484 tract extending northwest
from Mills Pass Drive and located directly west of an 8.995 acre tract annexed to the City Limits on March 5,
2013 that comprises the Prestonwood Addition, Section Two, in southwest San Angelo, 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
Motion, to approve the Consent Agenda, with the exception of RFB WU-13-13, as presented, was made by
Councilmember Silvas and seconded by Councilmember Self. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
AWARD OF RFB WU-13-13 CHLORINE BID TO DPC INDUSTRIES INC. (SWEETWATER, TX) IN THE
AMOUNT OF $69,300.00 FOR LIQUID CHLORINE FOR USE IN THE WATER TREATMENT PLANT
Water Utilities Director Ricky Dickson presented background information.
Motion, to award, as presented, was made by Councilmember Farmer and seconded by Councilmember Self.
Motion carried unanimously.
AUTHORIZATION FOR FUNDING AND PAYMENT FOR THE 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), AND RATIFYICATION OF ALL ACTIONS ALREADY TAKEN AND
PAYMENTS MADE PURSUANT TO SAID INTERLOCAL AGREEMENT SINCE ITS EFFECTIVE DATE
Requested by Mayor Morrison, he informed once the issue was discovered, management staff was directed to
investigate the issue. He noted a meeting was held with the attorneys involved with the project. Mayor
Morrison explained the City Council met in Executive Session, noting Councilmember Farmer was not
available for the second session of Executive Session. As a consensus of the City Council, it was determined
the issue would be handled on the September 17, 2013. He noted on September 11, 2013, Councilmember
Farmer prematurely released information regarding the matter to the media.
11. Page 354 Minutes
Vol. 104 September 17, 2013
City Manager Daniel Valenzuela provided a history of the TriCity Partnership consisting of Cities of Midland,
Abilene, and San Angelo. He read a statement into the record:
Joint statement on West Texas Water Partnership from City Manager Daniel Valenzuela,
Mayor Dwain Morrison
The following statement is offered jointly to our City Council, to the public and to the media
from myself and from Mayor Morrison.
These are the facts:
On March 22, 2011, following a presentation by the prior City Manager and his Water
Utilities Director, the City Council authorized the City Manager to negotiate and execute a
contract with the cities of Abilene and Midland. The resulting agreement calls for the cities to
work together to develop strategies that will result in all three communities supplementing
their existing water supplies with long-term solutions. This effort is now known as the West
Texas Water Partnership. In approving the agreement, the Council required that the contract
include a provision under which the negotiated cost to the City of San Angelo would not exceed
$100,000. The Council approved the motion unanimously.
On May 20, 2011, the City Managers of all three cities, including my predecessor, signed and
executed the agreement. The contract was also signed by the City Attorneys of Abilene and of
Midland, but not by San Angelo’s City Attorney. The contract was drafted and reviewed by the
Austin law firm of Lloyd Gosselink, which is representing the West Texas Water Partnership.
The agreement was never submitted to the San Angelo City Attorney for her review and
signature.
In approving the contract, the City Councils of Abilene and Midland did not stipulate to a
maximum expense. The executed contract does not include the $100,000 expense limit
mandated by the San Angelo City Council. As a result, per the contract, the purchase orders
issued by our Purchasing Division did not include a cap on how much the City of San Angelo
could expend under the agreement.
On Dec. 15, 2011, the City of San Angelo’s Water Utilities Director at the time received the
first invoice from the City of Abilene, which is acting as the Partnership’s fiscal agent. The
invoice was for services rendered by Lloyd Gosselink and by two engineering firms whose
specialties include water supply evaluation, planning, development and design – those being
Enprotec / Hibbs & Todd, and HDR. (It should be noted that Lloyd Gosselink and Enprotect /
Hibbs & Todd had previously been assisting Abilene in the development of a new reservoir.
Midland and San Angelo agreed to utilize the firms under their existing contracts with
Abilene.) San Angelo’s share of the first invoice amounted to $43,259.72.
The $100,000 limit mandated by the City Council was surpassed on May 25, 2012. The City of
San Angelo has honored the signed and binding interlocal agreement. To date, the City of San
Angelo has paid a total of $185,334.38. Another $62,527.38 is pending payment. That brings
the total amount paid and owed to $247,861.76.
The professional services rendered to date involve engineering, environmental, legal and
political evaluation of a myriad of options for future regional water supplies. Details of these
evaluations are protected by a confidentiality clause in the interlocal agreement. This clause
ensures that sensitive information that could compromise the three cities’ ability to develop
future water supplies is protected. What we can say is the work of the partnership’s attorneys
and engineers have sharply focused efforts on the options most likely to prove successful in
developing long-term water sources. Among the factors considered in evaluating possible
water supplies are reliability, renewability, cost, feasibility, sustainability, and legal and
permitting issues.
12. Minutes Page 355
September 17, 2013 Vol. 104
In recent discussions with current and former City of San Angelo employees and elected
officials, many have said they did not and could not recall the City Council stipulation that
expenditures be capped at $100,000. They have said their belief and understanding were that
the costs would and should be shared equally among the three cities, which has been the case.
One former Council member said had he been aware of the $100,000 limit, he would have
sought more funding from the City Council. This Council member said he expected the total
cost would well exceed $100,000. And in fact, in approving the agreement, Council members
expressed an expectation that the cost would exceed $100,000 and their approval of a budget
amendment would be required at that point. I concur with the assessment that this effort will
not be inexpensive. This will be a long and involved process that will involve much technical
study and analysis by attorneys and engineers with an expertise in water matters.
There is no doubt the interlocal agreement and the expenditures were not in keeping with the
City Council’s expressly stated instructions. The City of San Angelo has procedures in place to
prevent such mistakes. First and foremost, all contracts approved by Council should undergo a
legal review by the City Attorney’s office and should require an attorney’s signature. Part of
that legal review ensures the contract reflects the expressed and approved desires of the City
Council. Again, that did not happen in this case. Because the two staff members who
spearheaded the City’s initial involvement in the partnership and the interlocal agreement no
longer work for the City, we cannot explain why this procedure was not followed.
Had the required legal review occurred, there would have been at least one other level of
protection. The purchase orders sought to remit payment under the contract would have
reflected the expense cap, per the agreement. Any payment sought above that ceiling would
have been red-flagged and rejected. Additionally, it is not unusual for a special account to be
established for a project such as this. The authorized amount is then placed into this account,
from which all invoices are paid. Payments would be rejected once the account is exhausted.
At that point, the City Council could consider increasing or eliminating the cap on
expenditures via a budget amendment.
Because the interlocal agreement did not include a limit on expenditures, none of these
accounting safeguards were in place. During this time span, the City was between City
Managers, San Angelo’s involvement in the West Texas Water Partnership was limited to a
handful of officials, and the City Council was strongly pressing the need to address the
community’s short- and long-term water supply. As a result, I am convinced the failure of the
interlocal agreement to reflect the Council’s authorization of the contract was an oversight
rather than willful negligence on the part of any former or current employee. I have reached
this conclusion after thorough investigations by myself and by the City’s internal auditor. Most
of the City Council members, including Mayor Morrison, have concurred with this assessment.
Moving forward, I will require the following:
• First, all Council-approved contracts will be reviewed by and will include the
signature of one of our City attorneys.
• Second, our Purchasing Division will continue to ensure that all purchase orders
reflect the contract upon which they are based.
• Third, separate expenditure accounts will be established for special projects to ensure
that spending does not exceed the authorized expense.
• Lastly, failure by any employee to adhere to these procedures will result in
disciplinary action.
Additionally, in this particular instance, more information about the West Texas Water
Partnership’s work will be shared with the City Council. That change has already been
13. Page 356 Minutes
Vol. 104 September 17, 2013
instituted. I plan to update the Council about the activities of the West Texas Water
Partnership in executive session on a quarterly basis. We want each of the seven elected
Council members to be knowledgeable of and comfortable with the Partnership’s efforts.
In conclusion, it is vital for the City Council, the public and our partners in Abilene and
Midland to unquestionably know Mayor Morrison and I remain fully supportive of and
committed to the West Texas Water Partnership. The impetus that sparked this cooperative
regional effort remains as real today as it was when our three communities came together two-
plus years ago. That is, we share a common, dire need … to develop water sources that will
allow our communities to thrive for generations to come. And we share the sincere belief that
we can accomplish more good for each of our communities – and for the whole of West Texas
and its smaller municipalities – by working in concert with one another rather than in conflict
against one another. This is true politically; we need the voices of all of West Texas’ state
representatives and state senators speaking in unison if we are to be heard above the chorus of
elected officials from more populous areas east of I-35. This is true financially; combining
resources is the wisest use of taxpayers’ dollars. It ensures we don’t duplicate the need for
items such as engineering services or infrastructure, and it allows us to stretch our dollars
further in reaching even farther out to the most reliable water sources. And this is true
regionally. We are neighbors; what’s good for San Angelo, Abilene and Midland is good for
Ballinger, Robert Lee, Big Spring, Coleman and a whole host of small towns throughout West
Texas.
Frankly, Abilene and Midland need San Angelo to make this quest for more water work.
Likewise, San Angelo needs them. Mayor Morrison and I urge this Council and our citizens to
continue to support this regional effort. It may well be the engine for ensuring that San Angelo
and our neighbors have continued access to the most essential and the most precious natural
resource a community and its people need.
Daniel Valenzuela, City Manager
City of San Angelo
Mayor Morrison further clarified when the project was presented in April 2011, Council Members were aware
there would be several phases in this process, specifically noting the confidentiality of the project research. He
expressed had the expenditure issue been presented to Council, the expenditure would have been approved due
to the nature and dire straits of the City’s need for water. Mayor Morrison noted Councilmember Farmer was
also in support of the partnership, as written in her letter released to the public. He apologized for the
oversight and noted the item has been presented on the agenda providing full transparency to the public.
Councilmember Wardlaw requested clarification regarding the caption as listed on the draft agenda and final
agenda noting he considered the caption to be too broad and general. Referencing Councilmember Farmer’s
letter, Councilmember Wardlaw stated she alleged there were recent modifications made to 2012 minutes
noting tampering with a government documents is a felony offense. He suggested the City Clerk provide
clarity as to whether the minutes were modified, and if modified, present those modifications whether
grammatical or substantiated. City Clerk Alicia Ramirez explained administrative changes to the minutes are
common; however, substantial changes made to a set of minutes previously approved by the City Council are
not made without submitting such changes to the City Council for final review and approval.
Responding to the question regarding the caption wording, Mr. Valenzuela informed it is common for
numerous changes between the draft agenda document to the final published form. He noted the individuals
involved included the City Attorney and Assistant City Manager/Chief Financial Officer Michael Dane. Mr.
Valenzuela noted the caption, as written, was to ensure staff received specific instruction and approval to
proceed with the payment of expenditure associated with Phase I on the interlocal agreement as well as
providing further direction to proceed with future expenditures.
14. Minutes Page 357
September 17, 2013 Vol. 104
Mr. Valenzuela further explained the comment regarding previous unauthorized expenditures for furniture
noting the unauthorized expenditure for the partnership happened prior to the furniture issue. He remarked
City procedures were not followed on the partnership contract; stating these were two totally different issues.
General discussion was held on Councilmember Farmer’s access to various documents pertaining to the Phase
I expenditures, related dates the information was available, and Ms. Farmer’s complaints addressed in her letter
regarding accessibility to the documents.
Councilmember Fleming commented on Councilmember Farmer’s statement regarding Council conducting an
illegal executive session meeting on September 3, 2013 noting and clarifying Ms. Farmer was aware of the
second executive session but chose not to attend. He spoke in support of the partnership between Midland and
Abilene. He acknowledged staff’s oversight of the expenditures; however, Mr. Valenzuela explained the
oversight in executive session, which Ms. Farmer chose not to attend. Councilmember Fleming questioned
Ms. Farmer’s press release noting questionable ethical behavior. He further commented staff did apprise
Council of the $3M project costs during the last executive session.
Motion, to authorize 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), and ratification of all actions already taken and payments made pursuant to said
interlocal agreement since its effective date, direction to staff to present quarterly reports, to include Phase I
$262,540.00 only, and with the stipulation any future expenditures, including Phase II, will be presented to
City Council for review and approval, was made by Councilmember Silvas and seconded by Councilmember
Fleming.
Mr. Dane explained the various cost associated with Phase I in the amount of $262,540 and Phase II at an
estimated cost of $1,016,783 of the project. He further noted the documents should remain confidential as
outlined in the agreement, staff will seek reimbursement of funds from City of San Angelo Development
Corporation, as well as provide quarterly updates.
Responding to a question from Councilmember Farmer, Mayor Morrison expressly requested Ms. Farmer
maintain the confidentiality of the interlocal agreement as it pertains to subject matters explicitly discussed in
Executive Session.
Councilmember Farmer left the meeting at 10:44 a.m. and returned at 10:48 a.m.
Public Comments were made by Citizens Jim Turner, JB Hall, Steve Salmon, Gloria Dewitt, and Gary Cortese,
Mayor Morrison further clarified and as a policy any future contracts will not be signed by the City Manager
unless the contract has been reviewed and approved by the City Attorney. He also clarified the motion on the
floor was explicitly to resolve and take action on Phase I expenditures.
A vote was taken on the motion on the floor. AYE: Morrison, Fleming, Self, Silvas, Vardeman, and Farmer.
NAY: Wardlaw. Motion carried 6-1.
Motion, to approve future funding for Phase II at an estimated cost of $1,016,783, and to continue to be a
partner in the West Texas Water Partnership, and with the understanding any future payments will be
presented to City Council for discussion and approval, was made by Councilmember Fleming and seconded by
Councilmember Silvas.
Responding to a question from Councilmember Vardeman, Mayor Morrison suggested handling further
discussion, not only in retrospect but as to the future of the matter, in executive session. Mr. Vardeman
concurred.
Mr. Valenzuela suggested the project engineer present the information to Council.
After further discussion and in conclusion, Councilmember Silvas withdrew his motion, and Councilmember
15. Page 358 Minutes
Vol. 104 September 17, 2013
Fleming his second based on the impending executive session discussion.
City Attorney Lysia H. Bowling clarified the item will remain open until the second part of the item, Phase II,
is discussed and approved. Council concurred.
RECESS
At 11:06 A.M., Mayor Morrison called a recess.
RECONVENE
At 11:24 A.M., Council reconvened, and the following business was transacted:
DISCUSSION OF NATURALLY OCCURRING RADIOACTIVE MATERIAL AS IT RELATES TO THE
HICKORY GROUNDWATER SUPPLY PROJECT
Water Utilities Director Ricky Dickson presented background information. A copy of the presentation is part
of the Permanent Supplemental Record. He introduced Dr. Ian Hamilton and Mr. Rick Jacoby. They provided
samples of various materials containing radioactive materials and readings.
General discussion was held on the number of such type of treatment plants in Texas; piping becoming
radioactive due to the scale build up within the pipes, which would be scoured or scaled which will contain
trace amounts of radioactive material; radium in water heaters, if water is not treated, no regulatory conditions
exist regarding;
DISCUSSION AND POSSIBLE ACTION ON MATTERS RELATED TO THE 19TH
STREET SIDEWALK
PROJECT
Requested by Councilmember Farmer, Survey Supervisor Ryan Ward presented background information. A
copy of the presentation is part of the Permanent Supplemental Record. Mr. Ward provided two options and
requested direction on which side to place the sidewalk – north or south side of 19th
Street.
Public comments were made by Citizens Jerry Sea and Tim Davenport-Herbst,
Motion, to add the 19th
street project to the CIP, to direct staff to design and present final costs, with the
understanding the sidewalk will be installed on the southside of 19th
street, was made by Councilmember Self
and seconded by Councilmember Vardeman.
Responding to a question from Councilmember Farmer, Assistant City Manager/Chief Financial Officer
Michael Dane stated funding will be allocated from the $1.7M capital improvement plan budget, minus fire
truck and cemetery allocation. He noted the cost will vary based on acquiring ROW and constructions
materials.
A vote was taken on the motion on the floor. Motion carried unanimously.
Councilmember Self left the meeting at 12:10 p.m. and did not return.
RECESS
At 12:14 P.M., Mayor Morrison called a recess.
RECONVENE
At 12:43 A.M., Council reconvened, and the following business was transacted:
EXECUTIVE/CLOSED SESSION
At 12:43 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.071(2) to consult with attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter regarding the West Texas Water Partnership; Section
16. Minutes Page 359
September 17, 2013 Vol. 104
551.072 to deliberate the purchase, exchange, lease, or value of real property related to 1) proposed Fire
Station, 2) Lake Nasworthy area, and 3) West Texas Water Partnership; and, Section 551.074(1) to deliberate
the evaluation of the City Manager.
RECESS
At 1:58 P.M., Mayor Morrison called a recess.
RECONVENE
At 2:09 P.M., Council reconvened, and the following business was transacted:
PRESENTATION OF AND POSSIBLE ACTION REGARDING FINAL DRAFT OF PLANNING
DOCUMENT FOR LAKE NASWORTHY SUBDISTRICT, AS PREPARED BY GATEWAY PLANNING
Interim Director of Development Services AJ Fawver, Gateway Planning Principal Scott Polikov, and Dan
Martin presented background information. Staff will present final draft at a future meeting setting the planning
document for final City Council review and approval. A copy of the presentation is part of the Permanent
Supplemental Record.
Mayor Morrison suggested Council consider action at a future meeting. Council concurred.
POSTPONEMENT OF POSSIBLE ACTION TO AMEND THE 2009 SAN ANGELO COMPREHENSIVE
PLAN, BY INCORPORATING THE LAKE NASWORTHY SUBDISTRICT PLANNING DOCUMENT, AS
PREPARED BY GATEWAY PLANNING
Mayor Morrison suggested postponing the item to a future meeting. Council concurred.
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE LEVYING PROPERTY TAXES
FOR THE CITY OF SAN ANGELO FOR THE 2013 TAX YEAR
AN ORDINANCE FIXING AND LEVYING AD VALOREM TAXES FOR THE CURRENT TAX YEAR
FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SAN
ANGELO, TEXAS, FOR THE 2013-2014 BUDGET YEAR; PROVIDING FOR THE ASSESSMENT AND
COLLECTION THEREOF; PROVIDING WHEN THE TAX SHALL BECOME DUE; PROVIDING WHEN
THE TAX SHALL BECOME DELINQUENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PUBLICATION ON THE CITY OPERATED WEB SITE; AND,
PROVIDING FOR AN EFFECTIVE DATE.
THE PROPERTY TAX RATE WILL BE INCREASED BY THE ADOPTION OF A TAX RATE OF
0.776/$100, WHICH IS EFFECTIVELY A 4.75% PERCENT INCREASE IN THE TAX RATE
Budget Manager Morgan Chegwidden presented background information and explained the benchmark rate
language as required by state law.
Mayor Morrison opened the floor for public input. No public comment was made. Mayor Morrison closed the
public comment period.
Motion, to adopt the Ordinance, as presented, was made by Councilmember Farmer and seconded by
Councilmember Vardeman. Motion carried unanimously.
POSTPONEMENT OF APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE
SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY
PROPERTIES LOCATED WITHIN AN APPROXIMATELY 1,800 FOOT RADIUS OF THE
INTERSECTION OF ARMSTRONG STREET AND 28TH STREET IN NORTH-CENTRAL SAN
ANGELO
Mayor Morrison suggested postponing the item to a future meeting. Council concurred.
DISCUSSION AND POSSIBLE ACTION ON MATTERS RELATED TO THE FISCAL YEAR 2013-2014
BUDGET TO INCLUDE:
17. Page 360 Minutes
Vol. 104 September 17, 2013
Budget Manager Morgan Chegwidden presented background information. A copy of the presentation is part
of the Permanent Supplemental Record.
• Development Corporation Funds
Ms. Chegwidden informed the corporation has two funds: 72% for community project ballot funds and
28% for other projects.
General discussion was held on the advertising budget, the increased overhead for administration, possible
funding for project maintenance, analyzing the director’s liability insurance, lobbyist fees, e.g. wind
energy, Chamber of commerce, Economic Development duplication of efforts, Downtown San Angelo,
Inc. allocation, training/workshops, and the Standard Times 40 and under allocation.
Mr. Schneeman commented on the targeted industries and noted staff concentrates on other industries,
thereby keeping a diversified economic development. Mayor Morrison suggested the Development
Corporation review the recommendations and possibly suggest some reductions.
• Stormwater Fund
• Wastewater transfers
Assistant City Manager/Chief Financial Officer Michael Dane explained the fee structure noting the fee
should be referred to as a transfer versus a PILOT fee. Mr. Chegwidden provided a brief explanation, as
provided through the Texas State Comptroller, regarding changes made to the budget. Mayor Morrison
requested the item be brought back in the form of an ordinance with various options to reduce the fee line
item.
• General capital projects
• Other items as needed
RECESS
At 3:19 P.M., Mayor Morrison called a recess.
RECONVENE
At 3:35 P.M., Council reconvened, and the following business was transacted:
DISCUSSION AND SEEKING DIRECTION AND APPROVAL OF CITY COUNCIL RELATED TO THE
ALLOCATION OF THE $812,953 CONTINGENCY FUNDS IDENTIFIED IN THE PROPOSED FY
2013/14 BUDGET
Human Resources Director Lisa Marley presented background information. A copy of the presentation is part
of the Permanent Supplemental Record.
Mayor Morrison scenario 1
Councilmember Vardeman ; what happens to the monies when a position is vacated to hiring an individual; as
well as assist with the employees pay off, and excess balance which eventually goes to fund balance. Scenario
1
Councilmember Farmer scenario 1; using the rainy day fund to pay insurance
Mayor Morrison insurance will be determined later
Motion, to approve Scenario 1, as presented, was made by Councilmember Silvas and seconded by
Councilmember Vardeman.
Police Chief Tim Vasquez expressed his concern regarding the increased insurance premiums and whether the
pay increase would be comparable to the insurance increase.
18. Minutes Page 361
September 17, 2013 Vol. 104
Marley, as we continue our Wellness plan, then the City may experience lower premiums as we, as an
organization, become healthier.
A vote was taken on the motion on the floor. Motion carried unanimously.
APPROVAL OF THE FY 2013/14 EMPLOYEE HOLIDAY SCHEDULE AND ANY ACTION IN
CONNECTION THERETO
Human Resources Director Lisa Marley presented background information.
Motion, to approve the schedule and utilize fiscal year versus calendar year, as presented, was made by
Councilmember Silvas and seconded by Councilmember Vardeman. Motion carried unanimously.
DISCUSSION AND SEEKING DIRECTION OF CITY COUNCIL RELATED TO THE WATERING OF
CITY PARKS, SPORTS FIELDS, SANTA FE GOLF COURSE, AND FAIRMOUNT CEMETERY
Horticulturist Roger Havlak presented background information. A copy of the presentation is part of the
Permanent Supplemental Record.
General discussion was held on continuing to irrigate City sites that are currently receiving supplemental
irrigation; increasing or decreasing the overall number of irrigated sites; and should the city enter into Drought
Level III, whether to continue irrigating park systems, sports fields, Santa Fe Golf Course, or Fairmount
Cemetery. Council suggested approval for a 12 month period, provide further notice by City Council, or
designate other areas as City Council feels appropriate. Further discussion was held on the various sites, dead
tree removal, maintaining trees, and specified watering areas.
City Manager Daniel Valenzuela suggested staff present options to City Council on possible solutions.
Responding to a question from Council, Water Utilities Director Ricky Dickson stated the City’s current water
supply is at 15-month water supply level.
ADOPTION OF A RESOLUTION NOMINATING CANDIDATE(S) ELIGIBLE FOR A POSITION ON
THE BOARD OF DIRECTORS OF THE TOM GREEN COUNTY APPRAISAL DISTRICT FOR THE 2014
- 2015 TERM OF OFFICE
City Clerk Alicia Ramirez presented background information.
Mayor Morrison suggested nominating the existing members: John Begnaud, John Conn, Russell DeVore,
Louis Gomez, and Bob Reeves. Council concurred.
Motion, to adopt the Resolution, as presented, was made by Councilmember Vardeman and seconded by
Councilmember Farmer. Motion carried unanimously.
POSTPONEMENT OF APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT OF THE
SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY
PROPERTIES LOCATED SOUTH FROM THE INTERSECTION OF GRAND CANAL ROAD AND US
HIGHWAY 277, SOUTH TO THE CITY LIMIT LINE, AND PROPERTIES LOCATED JUST EAST OF
THE CITY LIMITS LINE, BUT OUTSIDE THE CITY LIMITS IN SOUTHERN SAN ANGELO
Mayor Morrison suggested postponing the item to a future meeting. Council concurred.
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
Mayor Morrison suggested postponing the item to a future meeting. Council concurred.
POSTPONEMENT OF A FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE
AMENDING CHAPTER 12 PERTAINING TO MOBILE HOME REGULATIONS OF THE CODE OF
ORDINANCES, CITY OF SAN ANGELO
19. Page 362 Minutes
Vol. 104 September 17, 2013
AN ORDINANCE AMENDING CHAPTER 12 “PLANNING & DEVELOPMENT”, ARTICLE 12.500
“MOBILE HOME REGULATIONS”, OF THE SAN ANGELO CODE OF ORDINANCES BY AMENDING
THE TITLE OF ARTICLE 12.500 TO READ, “MANUFACTURED HOME AND MOBILE HOME
REGULATIONS”; RESTATING SECTION 12.503 “SKIRTING” BY ADDING MANUFACTURED
HOMES AND PROVIDING AN EXCEPTION FOR LICENSED DEALERSHIPS AND RETAILERS;
AMENDING SECTION 12.504 “TEMPORARY MOBILE HOME INSTALLATION” BY AMENDING THE
SECTION TITLE TO “TEMPORARY MANUFACTURED HOME, MOBILE HOME OR BUILDING
INSTALLATION”, AND RESTATING SUBPARAGRAPHS (a) AND (c) OF SAID SECTION TO
REFERENCE MANUFACTURED HOME; PROVIDING FOR SEVERABILITY, PROVIDING FOR A
PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Morrison suggested postponing the item to a future meeting. Council concurred.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
Mayor Morrison referred to West Texas Water Partnership noting Council has acted on Phase I and Council
will determine further negotiation with the group based on their meeting tomorrow; specifically if San Angelo
is to remain in the partnership and to make sure San Angelo is receiving and contributing their one third.
APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED
COUNCILMEMBERS:
Public Art Commission: Lori Francks (SMD4) to a 1st
full term April 2015
Zoning Board of Adjustment: Louis Rork (SMD5) to an unexpired term January 2014
Motion, to approve various board nominations by Council and designated Councilmembers, was made by
Councilmember Farmer and seconded by Councilmember Silvas. Motion carried unanimously.
APPROVAL OF MAYOR MORRISON’S NOMINATION AND APPOINTMENT TO SERVE ON THE
PORTS-TO-PLAINS TRADE CORRIDOR COALITION
Mayor Morrison informed of the quarterly meeting held in October 2013. Offering Councilmember Farmer
the opportunity to step down, Ms. Farmer chose not to step down and wished to complete her two year term.
Motion, to remove Councilmember Farmer and nominate and appoint Mayor Morrison as the Board of
Director representative, was made by Councilmember Silvas and seconded by Councilmember Fleming. AYE:
Morrison, Fleming, Self, Silvas, and Vardeman. NAY: Wardlaw, and Farmer. Motion carried 4-2.
ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Daniel Valenzuela distributed the proposed Date, 2013 Agenda and solicited Council comments
and suggestions.
Councilmember Wardlaw requested an update on the following budget items: Worker’s comp, vehicle
allowance, and art council increase.
Councilmember Fleming requested an update on the October 1 meeting regarding the Red Arroyo Project,
including all presenters.
Mayor Morrison requested an Executive Session item regarding the policy of the City Council pertaining to
performing duties, including the Code of Conduct and discussion regarding breach of conduct and ethics.
Mayor Morrison suggested conducting a Special Meeting next Tuesday, September 24, 2013, to discuss and
approve the postponed items from today’s meeting. Council concurred.
The Regular City Council meeting on Tuesday, October 15, 2013, will be held at 5:30 P.M.
ADJOURNMENT
20. Minutes Page 363
September 17, 2013 Vol. 104
Motion, to adjourn, was made by Councilmember Vardeman and seconded by Councilmember Silvas. Motion
carried unanimously.
The meeting adjourned at 4:41 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, 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.)
22. Background Memo VM-04-13 Ambulance Remounts
Memo
Date: September 9, 2013
To: Councilmembers
From: Ryan Kramer, Vehicle Maintenance
Subject: Agenda Item for October 1, 2013
Contact: Ryan Kramer, Vehicle Maintenance - 657-4329
Caption: Consent
Consideration of awarding HGAC quote VM-04-13 for two ambulance box
remounts service ($72,900), and authorizing the City Manager or designee to
execute any necessary related documents.
Summary: A quote was sought and received from Frazer, LTD through the Houston-Galveston
Council of Governments (HGAC) contract number AM-10-12 for the removal, refurbishing, and
remounting of existing ambulance boxes already used by the San Angelo Fire Department.
The Houston-Galveston Council of Governments is a state-wide, competitively bid purchasing
cooperative. Vendors submit pricing based on a set of published specifications, and are awarded
contracts based on their submissions and their applicability to award guidelines. This process is
very similar to the City’s Request for Bid process, but saves the City money associated with the
logistics of the formal bid process. As members of HGAC, the City of San Angelo can purchase
off these competitively bid contracts as allowed by state law.
History: The City has established a replacement cycle for ambulance chassis of two per year.
This cycle replaces each ambulance chassis and the refurbishing of the patient boxes at
approximately five 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. Two replacement ambulance chassis were
previously approved by council on March 5, 2013, have been purchased, and are waiting to be
fitted.
Financial Impact: The City will purchase the remount service from Frazer ($72,900) off HGAC
contract #AM-10-12 from capital account 501-9000-800-07-42. Total budget for the project is
$156,263, which includes the refurbishing of ambulance boxes and replacement of equipment
used in the operation of ambulance services.
Related Vision Item: NA
City of San Angelo
23. Background Memo VM-04-13 Ambulance Remounts
Other information/Recommendation: Staff recommends awarding the bid to Frazer, LTD
(Houston, TX) through HGAC contract # AM 10-12.
Attachments: None
Reviewed by: Brian Dunn, Fire Chief
24. Adopted: 5/30/03
Revised: 6/21/10
Click here for instructions.
City of San Angelo
Memo
Date: September 18, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Agenda Item for October 1, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Consent Item
Consideration of awarding RFB WU-18-13b Ferric Chloride bid to Pencco,
Inc. (San Filipe, Tx) in the amount of $387,200.00 annually for ferric chloride
coagulant for use in the Water Treatment Plant.
Summary: Bids have been received from 3 suppliers for the purchase of ferric chloride for
use at the water treatment plant. The low bid was submitted by Pencco, Inc. of
San Filipe, Texas. Bids were also received from Kemira of Lawrence, KS and
PVS Technologies, Inc. of Detroit, MI.
History: Ferric Chloride is the primary coagulant used in the treatment of drinking water at
the City’s Water Treatment Plant. This chemical causes suspended solids to
clump together and settle out during the treatment process.
Financial Impact: Total estimated annual expenditure of $387,200.00. Budgeted within the Water
Treatment Plant Operating Budget.
Related Vision Item
(if applicable):
na
Other Information/
Recommendation:
Staff recommends the bids be accepted and the City Manager be authorized to
execute the contract documents.
Attachments: Bid Tabulation
Presentation: None.
Publication: None.
Reviewed by
Director:
Ricky Dickson, Water Utilities Director; 657-4209
Approved by Legal:
25. Adopted: 5/30/03
Revised: 6/21/10
Click here for instructions.
City of San Angelo
Memo
Date: September 18, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Agenda Item for October 1, 2013 Council Meeting
Contact: Ricky Dickson; 657-4209
Caption: Consent Item
Consideration of jointly awarding RFB WU-18-13a LAS (Liquid Ammonium
Sulfate) bid to Chameleon Industries, Inc. (Mesquite, Tx) and to Pencco, Inc.
in the total annual combined amount of $41,172.00 for LAS for use in the
Water Treatment Plant.
Summary: Bids have been received from 3 suppliers for the purchase of LAS for use at the
water treatment plant. The same low bid was submitted by both Chameleon
Industries, Inc. and Pencco, Inc. Chameleion quoted a 48 hour delivery time and
Pencco quoted 3+ days delivery with a 1.5% discount if the invoice is paid within 10
days. In order to provide the city with the ability to take advantage of the discount
but to also provide the city with an additional vendor, it is recommended that the
bid be awarded to both vendors. By awarding to both vendors, the 48 hour
delivery time quoted by Chameleon can be used if delivery time becomes an issue
with Pencco.
History: Liquid Ammonium Sulfate (LAS) is combined with chlorine to disinfect drinking
water at the city’s water treatment plant. When combined, these chemicals are
used to provide both the initial disinfection of the water and residual disinfection
throughout the distribution system.
Financial Impact: Total estimated annual expenditure of $41,172.00. Budgeted within the Water
Treatment Plant Operating Budget.
Related Vision Item
(if applicable):
na
Other Information/
Recommendation:
Staff recommends that both bids be accepted and the City Manager be authorized
to execute the contract documents.
Attachments: Bid Tabulation
Presentation: None.
Publication: None.
Reviewed by
Director:
Ricky Dickson, Water Utilities Director; 657-4209
Approved by Legal:
26. Description Approx Qty (Pounds)
Unit Price /
per Pound Extended Price
Unit Price /
per Pound Extended Price
Unit Price /
per Pound Extended Price
Unit Price /
per Pound Extended Price
Unit Price /
per Pound Extended Price
Liquid Ammonium Sulfate 438,000.00 $ 0.102 $ 44,676.00 $ 0.094 $ 41,172.00 $ NO Bid $ 0.094 $ 41,172.00 $ NO Bid
(Time is of the Essense) Delivery Days
2-3 days
ARO 48 hrs 3+ days
Ferric Chloride Coagulant 3,200,000.00 $ NO Bid $ NO Bid $ 0.159 $ 508,800.00 $ 0.121 $ 387,200.00 $ 0.129 $ 412,800.00
(Time is of the Essense) Delivery Days NA 2-3 days 3+ days 3 days
Piggy Back Option No NA No NA No
Payment Terms 0% N30 N30 N30 1.5% 10/N30 0% N30
Procurement Card No NA Yes NA No
Procurement Co-Op No NA No No No
Description
Unit Price /
per Pound Extended Price
$ 0.0926 $ 40,554.42
$ 0.1192 $ 381,392.00
Bidder's List:
Brenntag Southwest, Inc. Houston, TX
Chameleon Mesquite, TX
DPC Industries Sweetwater, Tx
Eagle Labs DeSoto, Tx
General Chemical Syracuse, NY
Gulbrandsen Technologies Phillipsburg, NJ
Harcros Chemical, Inc. Dallas, Tx
Pencco Inc. San Filipe Tx
Southern Ionics West Point, MS
Southern Water Consultants Decatur, AL
Texas Water Treatment Services Bridgeport, TX
Univar USA Redmond, Wa
PVS Technologies, Inc.KemiraBrenntag Chameleon
Price @ 1.5% discount
Liquid Ammonium Sulfate
Ferric Chloride Coagulant
Pencco, Inc
CITY OF SAN ANGELO
BID TAB
WU-18-13 Water Treatment Chemicals/September 4, 2013; 2:00pm
Pencco, Inc
27. Adopted: 5/30/03
Revised: 6/21/10
City of San Angelo
Memo
Date: September 27, 2013
To: Mayor and Council Members
From: Teresa Covey, Interim Emergency Management Coordinator
Subject: Agenda Item for October 1, 2013 Council Meeting
Contact: Teresa Covey, Emergency Management, 325-657-4230
Caption: Consent
Consideration of accepting the FY2013 Emergency Management Performance Grant
(EMPG) in the amount of $58,278.98 and authorizing the Mayor or City Manager to
execute related documents.
Summary: The Emergency Management Department has received this annual grant from
FEMA through the Texas Division of Emergency Management (TDEM) for our
efforts in maintaining our advanced preparedness level.
History: The Emergency Management Department has received this grant annually to
assist with the funding of the Emergency Management Department.
Financial Impact: The grant for $58,278.98 funds a portion of the Emergency Management
Department.
Related Vision Item
(if applicable):
Acceptance of this grant award enables the Emergency Management Department
to continue the review and maintenance process of the Emergency Operations
Plan (EOP) in the event(s) of catastrophic failures of services.
Other Information/
Recommendation:
Staff recommends approval for the Mayor or City Manager to sign the FY2013
Emergency Management Performance Grant (EMPG) Notice of Subrecipient
Grant Award.
Attachments: Notice of Sub-Recipient Grant Award
Terms and Conditions
Presentation: N/A
Publication: N/A
Reviewed by
Service Area
Director:
Approved by Legal: City Attorney Lysia H. Bowling
28.
29.
30.
31. City of San Angelo
Memo
Date: September 18, 2013
To: Mayor and Council members
From: Tina Bunnell, Finance Director
Subject: Consent agenda item for October 1, 2013 Council meeting
Contact: Tina Bunnell, Finance Director
Caption: Approval of the Second Amendment to the Interlocal Agreement with the CVTD to
provide transit services on behalf of the City of San Angelo and authorization for the
City Manager to execute all necessary documents
Summary:
On September 1, 2006 the Concho Valley Transit District (CVTD) and the City of San Angelo,
Texas (City) created and entered into an Interlocal Cooperation Agreement regarding the
consolidation of transit services. This agenda item is a request to approve a Second
Amendment to the Interlocal Agreement approved by City Council on October 20, 2009.
History:
City Council minutes from the previous meetings are dated May 2, 2006, October 16, 2007,
August 19, 2008, October 20, 2009, and February 16, 2010, and which include prior discussion
over the consolidation and interlocal agreement. Discussions regarding the benefits to be
gained from the consolidation of the San Angelo Transit System and the Concho Valley Rural
Transit District (CVRTD) have centered on the financial/funding, operational, technical, and
legal chapters that will be involved.
The Goodman Corporation (TGC) had been retained by the CVCOG through funding provided
by the Texas Department of Transportation (TxDOT) to gather the necessary data and
information to facilitate a smooth transition from two separate transit systems to one
consolidated system that will serve the City of San Angelo and the 13 counties within the
CVCOG’s planning region. The following benefits were to be derived thru the consolidation:
Better connectivity between the rural transit program and the Concho Valley 12 County
Area and the San Angelo urban system;
Elimination of inefficiencies in para-transit trip scheduling which currently exist in the San
Angelo area;
32. A reduction of the City of San Angelo general fund contribution to transit services;
The provision of more cost- and service-effective transit services within the City of San
Angelo; and
An increase in the ability to leverage both state and federal financial resources to
support transit for the City of San Angelo and the Concho Valley Rural Transit District.
The CVTD has been operating the transit system since September of 2006. The local
contributions were $153,280 in 2006, $198,304.68 in 2007 and $212,996.16 in 2008. The
funding amount requested for 2009 was $212,996.16.
On February 16, 2010, an amendment to the Interlocal Agreement increased the local
contributions for 2009 to $302,996.16. The additional $90,000.00 allowed the CVTD to
undertake special projects in fiscal year 2010 and since to include, but not be limited to: transit
oriented development projects related to the multimodal terminal or other transit infrastructure
projects, planning projects to identify needs and gaps in services in the City, and operational
projects that target meeting the identified unserved or underserved areas in the incorporated
area of the City. Special projects evaluation and selection will be reviewed through the City’s
budget review process. The Amendment also allows the CVTD and the City to enter into an
agreement for use of City space for parking of CVTD vehicles and use of available City services
by CVTD. Compensation for this use will be made by the CVTD to the City in the amount of
$120,000.00.
This Second Amendment to the Interlocal Agreement extends the term one additional year,
commencing September 1, 2013, and ending August 31, 2014. Both parties are allowed to
terminate the renewal with a 90 day written notification to the other party.
Financial Impact:
$302,996.16
$120,000.00 in revenue for the use of City space and services
Related Vision Item:
Recommendation:
Staff recommends approval of the Second Amendment to the Interlocal Agreement with the CVTD
and authorization for the City Manager to execute all necessary documents.
Attachments: Interlocal Agreement
Amendment to the Interlocal Agreement
Second Amendment to the Interlocal Agreement
October 20, 2009 Council Minutes
February 16, 2010 Council Minutes
Presentation: Not applicable
Publication: Not applicable
Reviewed by: Michael Dane, Assistant City Manager/CFO
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87. City of San Angelo
Memo
Date:
To: Mayor and Councilmembers
From: Robert Schneeman, Interim Director of Economic Development
Subject: Agenda Item for 10/3/13 Council Meeting
Contact: Robert Schneeman, Economic Development, 657-4210
Caption: REGULAR Agenda
Consideration of adopting a Resolution of the City of San Angelo, Texas,
authorizing the city manager to execute an interlocal agreement with the Concho
Valley Transit District (CVTD) providing for reimbursement to the City of eighty
percent of costs incurred by City for construction of pedestrian transit access
infrastructure improvements pursuant to the Downtown Pedestrian Improvement
Plan from New Freedom Project Grant funds in the amount of $573,471, with a
local match of $143,368, under project grant agreement # 51107f7084 between
the Texas Department of Transportation and CVTD
Summary: The City of San Angelo in conjunction with the Concho Valley Transit District
applied for and was awarded a grant in the amount of $573,471 for the
construction of pedestrian improvements in the downtown San Angelo area.
Construction is being performed as a part of the Downtown Pedestrian
Improvement Plan project with additional funding provided by the Tax Increment
Reinvestment Zone (TIRZ), which is subdivided into the North and South TIRZ,
both of which are contributing to the project. The subject interlocal agreement is a
one time agreement to facilitate the reimbursement of funds to the City of San
Angelo by the Transit District.
History: N/A
Financial Impact: $1,198,000 of which $573,471 is grant funded and $624,529.00 is TIRZ funded
Related Vision Item
(if applicable):
N/A
Other Information/
Recommendation:
Staff recommends of the agreement
Attachments: Resolution, Interlocal Agreement; and Interlocal CVTD & TXDOT Exh A
Presentation: Robert Schneeman, Interim Director of Economic Development
Publication: N/A
Reviewed by
Director:
Robert A. Schneeman, Economic Development
Approved by Legal:
88. 1
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, entered into this _____ day of ___________, 2013, is made
pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the
"Act"), by and between THE CITY OF SAN ANGELO (COSA), a political subdivision of the State of Texas,
created pursuant to the Texas Local Government Code and the CONCHO VALLEY TRANSIT DISTRICT
(CVTD), an urban and rural transit district created pursuant to Chapter 458 of the Texas Transportation
Code and a political subdivision of The State of Texas, for the purpose of coordinating transit services for
the thirteen counties in the Concho Valley Council of Governments region.
RECITALS
WHEREAS, Pursuant to the Act, the COSA and CVTD are authorized to contract with eligible
entities to perform governmental functions and services, including governmental functions in which the
contracting parties are mutually interested;
WHEREAS, The COSA has created a North and South Tax Increment Reinvestment Zone (TIRZ)
for the purpose of making infrastructure improvements;
WHEREAS, The CVTD has been awarded a Texas Department of Transportation New Freedom
Grant for $573,471 to complete transit-pedestrian infrastructure improvements within the TIRZ and as
described in Exhibit A, Project Grant Agreement #51107F7084;
WHEREAS, The COSA has committed funding to provide the local match for the TxDOT New
Freedom Grant in the amount of $143,368;
WHEREAS, The CVTD desires to reimburse the COSA up to the grant amount of $573,471
representing 80% of local expenditures related to New Freedom pedestrian-transit access infrastructure
improvements, as reflected in Exhibit A, based on the CVTD’s review of invoices, bills, and other such
documentation reflecting the COSA’s adherence to all applicable federal and state certifications and
assurances.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CVTD and the COSA agree to the following terms, covenants, and conditions:
ARTICLE 1 – GENERAL CONDITIONS
STATE OF T E X A S §
§
COUNTY OF TOM GREEN §
89. 2
Section 1.01 – Documentation of Eligible Expenditures. The COSA shall compile, provide, and
maintain documentation which supports the federal and state funding eligibility and the request for
reimbursement for completed pedestrian-transit infrastructure improvements.
Section 1.02 – Reimbursement. The CVTD shall reimburse the COSA for eligible pedestrian-
transit infrastructure expenditures made in accordance with Exhibit A and upon presentation of
documentation of eligible expenditures. The CVTD shall reimburse the COSA for its services, as
delineated herein, within 15 days of the availability of New Freedom funds.
ARTICLE 2 – TERM OF AGREEMENT
Section 2.01 – Commencement and Termination Date. This Agreement will terminate twelve
(12) months from the Effective date unless terminated pursuant to the provisions of this Agreement.
ARTICLE 3 - INSURANCE AND INDEMNIFICATION
Section 3.01 - Waiver of Subrogation. The CVTD agrees to waive any and all rights of recovery,
claims, actions or causes of action against the COSA, its employees, agents, elected officials and officers,
for any injury, death, loss or damage that may occur to persons, property or to the Vehicles, or any
personal property of such party on the Vehicles, by reason of fire, windstorm, earthquake, flood or any
other risks, or any other cause that is insured under the insurance policy or policies that CVTD is
required to provide or maintain under this Agreement, to the extent and only to the extent of any
proceeds actually received by the CVTD, with respect thereto, regardless of cause or origin, including
negligence of COSA, its employees, agents, elected officials and officers and CVTD covenants that no
insurer will hold any right of subrogation against the COSA.
Section 3.02 - Waiver of Subrogation. The COSA agrees to waive any and all rights of recovery,
claims, actions or causes of action against the CVTD, its employees, agents, elected officials and officers
for any injury, death, loss or damage that may occur to persons or to the Vehicles, or any personal
property of such party on the Vehicles, by reason of fire, windstorm, earthquake, flood or any other
risks, or any other cause that is insured under the self-insurance plan or the insurance policy or policies
of the COSA, to the extent and only to the extent of any proceeds actually received by the COSA, with
respect thereto, regardless of cause or origin, including negligence of CVTD, its respective employees,
agents, elected officials and officers, and COSA covenants that no insurer will hold any right of
subrogation against the CVTD.
Section 3.03 - Insurance Requirements. The phrase "Required Policy" means each policy of
insurance required to be maintained by the CVTD under the terms of this Agreement. Each Required
Policy shall be written by a company satisfactory to the COSA, but in all events by a company with an
A.M. Best Company financial rating of not less than A and be licensed to do business in Texas or, if the
aforesaid is not available, by a company qualified to do business as a non-admitted insurer in Texas
under current Texas surplus lines requirements. Notwithstanding the foregoing, the CVTD may secure
insurance coverage with the Texas Municipal League. All Required Policies may contain a deductible of
not more than $5,000. Such policies shall be endorsed so as to require 30 days prior written notice to
the COSA in the event of cancellation, material change or intent not to renew. The CVTD shall deliver to
the COSA a certificate of insurance for any Required Policy no later than the Effective Date. The required
evidence of coverage shall always be deposited with the COSA. If the CVTD fails to do so, such failure
may be treated as a default. In addition to any other remedy under this Agreement, COSA may purchase
90. 3
and maintain such Required Policy and the CVTD shall immediately reimburse COSA for any premiums
paid or costs incurred by COSA in providing such insurance.
Section 3.04 - Indemnity Requirements for CVTD. FOR CONSIDERATION
RECEIVED and to the extent permitted by law, the CVTD agrees to indemnify, save, and hold
harmless the COSA, its employees, agents, elected officials, and officers from any and all claims, actions,
damages, lawsuits, proceedings, judgments, or liabilities, for personal injury; death, or property damage
resulting from the acts or omissions of the CVTD or acts or omissions of others under CVTD’s supervision
or control arising out of the use of the Vehicles and the shuttle system. In the event of any cause of
action or claim asserted by any third party, the COSA will provide the CVTD timely notice of such claim,
dispute or notice. Thereafter, to the extent allowed by law, the CVTD shall at its own expense, faithfully
and completely defend and protect the COSA against any and all liabilities arising from this claim, cause
of action or notice. If the CVTD should fail to so successfully defend, the COSA may defend, pay or settle
the claim or other cause of action with full rights of recourse against the CVTD for any and all fees, costs,
expenses, and payments, including but not limited to attorney’s fees and settlement payments, made or
agreed to be paid in order to discharge the claim, cause of action, dispute or litigation, to the extent
allowed by law.
Section 3.05 - Indemnity Requirements for COSA. FOR CONSIDERATION RECEIVED and to
the extent permitted by law, the COSA agrees to indemnify, save, and hold harmless the CVTD, its
employees, agents, elected officials, and officers from any and all claims, actions, damages, lawsuits,
proceedings, judgments, or liabilities, for personal injury, death, or property damage resulting from the
acts or omissions of the COSA or acts or omissions of others under the COSA's supervision or control
arising out of the operation of the Vehicles and the shuttle system. In the event of any cause of action or
claim asserted by any third party, the CVTD will provide the COSA timely notice of such claim, dispute or
notice. Thereafter, to the extent allowed by law, the COSA shall at its own expense, faithfully and
completely defend and protect the CVTD against any and all liabilities arising from this claim, cause of
action or notice.
If the COSA should fail to so successfully defend, the CVTD may defend, pay or settle the claim or other
cause of action with full rights of recourse against the COSA for any and all fees, costs, expenses, and
payments, including but not limited to attorney’s fees and settlement payments, made or agreed to be
paid, in order to discharge the claim, cause of action, dispute or litigation, to the extent allowed by law.
ARTICLE 4 - DEFAULT AND REMEDIES
Section 4.01 - Event of Default. Each party reserves the right, at its option, to terminate this
Agreement for cause, in the event of a default or breach of this Agreement (an "Event of Default") by
the other party, by giving the other party twenty (20) days written notice of such default or breach
provided the other party has not cured such default or breach within the twenty (20) day period.
Section 4.02 - Mitigation. The non-defaulting party has a duty to mitigate damages upon the
occurrence of an Event of Default.
Section 4.03 - Payment by the Defaulting Party. Upon any Event of Default, the defaulting
party shall pay to the non-defaulting party all costs incurred by the non-defaulting party (including court
costs and reasonable attorneys' fees and expenses) in performing the defaulting party's obligations that
91. 4
the defaulting party failed to perform, and enforcing, or advising of its rights, remedies, and recourses
arising out of the Event of Default.
Section 4.04 - Other Remedies. All rights, options, and remedies of each party contained in
this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of
the other, and non-defaulting party shall have the right to pursue any one or all of such remedies or any
other remedy or relief which may be provided by law or in equity, whether or not stated in this
Agreement.
ARTICLE 5 – LIABILITY
Section 5.01 - No Personal Liability of the CVTD. To the extent allowed by law, CVTD’s officers,
elected officials, agents and employees and the Board members of the CVTD, either singularly or
collectively, are not personally liable on this Agreement or for any breach thereof.
Section 5.02 - No Personal Liability of the COSA. To the extent allowed by law, the COSA's
officers, elected officials, agents and employees, either singularly or collectively, are not personally
liable on this Agreement or for any breach thereof.
ARTICLE 6 - MISCELLANEOUS
Section 6.01 - Right of Entry and Inspection. The CVTD will permit the COSA or the
COSA’s agents, representatives, or employees to enter and inspect the Vehicles at reasonable times and
upon having given the CVTD reasonable notice of the inspection.
Section 6.02 - Force Majeure. Except for the COSA’s obligation to provide a local
contribution to the CVTD, and the CVTD’s obligation to obtain insurance as required in this Agreement,
the CVTD and the COSA are excused from performing any of their respective duties, obligations or
undertakings under this Agreement in the event and so long as the performance of such duty, obligation
or undertaking is prevented, delayed, retarded or hindered by an Act of God, epidemic, fire, hurricane,
earthquake, flood, explosion, action of civil commotion, sabotage, malicious mischief, strike, lockout,
action of labor unions, condemnation, governmental restriction, order of civil or military or naval
authorities, embargo, impossibility of obtaining materials, or any other cause, whether similar or
dissimilar to the foregoing, not within the reasonable control of the party in question. Either party
entitled to such extension hereunder will give prompt written notice to the other party as soon as
possible after the occurrence causing such delay asserting its claim of right to such extension and the
reasons therefore.
Section 6.03 - No Waiver. No waiver by either party of any default or breach of any covenant,
condition, or stipulation contained in this Agreement is a waiver of any subsequent default or breach of
the same or any other covenant, condition, or stipulation of this Agreement.
Section 6.04 - Laws. The parties hereto agree to abide with all applicable laws, rules,
regulations, and grant provisions of the United States, the State of Texas, and any other lawful
authorities having jurisdiction.
Section 6.05 - Notices. All notices, demands, or requests from one party to another shall be
in writing and shall be personally delivered, sent by mail, certified, registered, express or overnight,
92. 5
postage prepaid, or sent by facsimile transmission, to the addresses stated in this Section, or to such
other address as the party may request in writing, and are deemed to have been given at the time of
delivery.
The CVTD’s address is 2801 West Loop 306, Suite A, San Angelo, Texas 76904 (for U. S. Mail) or
(325) 947-8286 (for facsimile transmissions), in any case to the attention of the Director of
Transportation.
The COSA's address is 72 West College, San Angelo, Texas 76903 (for U. S. Mail, express or
overnight mail), or (325) 657-4335 (for facsimile transmissions), in any case to the attention of
the COSA City Manager.
Section 6.06 - Parties Bound. This Agreement is binding upon and inures to the benefit
of the parties hereto and their respective legal representatives, successors, and permitted assigns.
Section 6.07 - Texas Law to Apply and Venue. This Agreement shall be construed under and,
in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder,
are performable in Tom Green County, Texas.
Section 6.08 - Legal Construction. In case any one or more of the provisions contained in
this Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability does not affect any other provision hereof and this Agreement
will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein,
if consistent with the overall intent of this Agreement.
Section 6.09 - Prior Agreements Superseded. This Agreement constitutes the sole and only
Agreement of the parties hereto with respect to the subject matter hereof and supersedes any prior
understandings or written or oral Agreements between the parties with respect thereto.
Section 6.10 - Amendment. No amendment, modification, or alteration of the terms of this
Agreement is binding unless in writing, dated subsequent to the Effective Date and executed by the
CVTD and the COSA or their successors and permitted assigns.
Section 6.11 - Exhibits. All Exhibits attached to this Agreement are incorporated by reference.
Section 6.12 - Counterparts. This Agreement may be executed in any number of
counterparts, and each counterpart is deemed to be an original instrument, but all such counterparts
together constitute but one Agreement. A photocopy or facsimile reproduction of an original signature
of a party on this Agreement binds that party to the terms, covenants and conditions of this Agreement.
Section 6.13 - Time is of the Essence. Time is of the essence in this Agreement.
Section 6.14 - Headings. The headings, captions, and arrangements used in this
Agreement are for convenience only and do not affect the interpretation of this Agreement.
Section 6.15 – Discrimination. In connection with its use of the Vehicles and the operation of
the transit system, neither party shall discriminate against any person, employee, or applicant for
employment because of race, religion, color, or national origin.
93. 6
Section 6.16 – Entire Agreements. The COSA and CVTD recognize that continued cooperation
and agreement regarding jointly developed passenger amenities, facilities, and programs, will require
the COSA and CVTD to enter into agreements mutually beneficial to both parties. Accordingly, the COSA
Manager and Director of Transportation of CVTD are authorized to enter into agreements which meet
the objectives identified above, and to the extent of the budgetary resources identified herein.
THIS Agreement has been executed by the parties on the date and year first above written.
APPROVED: APPROVED:
__________________________ _____________________________
Concho Valley Transit District Daniel Valenzuela, City Clerk
ATTEST: ATTEST:
______________________________ __________________________
Alicia Ramirez, City Clerk
94. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 1 of 7 Rev 7-27-2010
SUBRECIPIENT: Concho Valley Rural Transit District
NEW FREEDOM (NF)AGREEMENT-Federal
CFDA #: 20.521 http://www.cfda.gov
FTA GRANT AGREEMENT #:TX-57-X023-01
PROJECT GRANT.AGREEMENT #. 51107F7084
STATE PROJECT # NF 1101 (07) 23
MASTER GRANT AGREEMENT # 517XXF7015
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
PUBLIC TRANSPORTATION
FISCAL YEAR 2011
NEW FREEDOM PROJECT GRANT AGREEMENT
THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas,
acting through the Texas Department of Transportation, hereinafter called the "State," and
Concho Valley Rural Transit District, hereinafter called the "Subrecipient."
W I T N E S S E T H
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the
Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass
transportation projects and to administer funds appropriated for public transportation under
Transportation Code, Chapter 456; and,
WHEREAS, the Subrecipient, as a 49 U.S.C. Section 5317 New Freedom provider, submitted
a Project Proposal for financial assistance to be used to provide transportation services; and,
WHEREAS, the Texas Transportation Commission has approved Minute Order Number
112258; and,
WHEREAS, the Subrecipient must execute a Fiscal Year 10 Grant Application, Part II (GA
Part II) at the start of each fiscal year grant period for consideration for state and/or federal
grants; and,
WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient, and the State has
been adopted and states the general terms and conditions for grant projects developed
through this PGA.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter set forth, the State and the Subrecipient hereto agree as follows:
A G R E E M E N T
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties, but in no event before
September 1, 2010. This PGA shall remain in effect until May 31, 2013, unless terminated
or otherwise modified in an Amendment. This PGA will not be considered fully executed until
both parties have executed a MGA, and the Subrecipient has submitted the GA Part II
(federal funds only) to the State. The time period of this PGA cannot be extended past the
95. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 2 of 7 Rev 7-27-2010
MGA without exception. Any cost incurred before or after the contract period shall be
ineligible for reimbursement.
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project
described in the Attachment A, Approved Project Description (Attachment A) with all
practicable dispatch, in a sound, economical and efficient manner.
The Subrecipient shall carryout the public transportation project described in the Attachment
A in accordance with all of the documents associated with the MGA, and with all applicable
federal and state laws and/or regulations.
If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an
invitation for bids or a request for proposals no later than sixty (60) days after the effective
date of this grant agreement for the purchase of the approved line item(s) referenced in
Attachment B, Master Budget Page (Attachment B) and the Attachment C, Approved Project
Budget (Attachment C). No later than sixty (60) days after the issuance of public notification,
the Subrecipient shall publicly open all bids or privately review proposals. The Subrecipient
shall enter into a binding agreement with a supplier no later than thirty (30) days after the
opening of an acceptable bid or proposal. The Subrecipient shall notify the department in
writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
The maximum amount payable under this PGA without modification is $573,471.00 in New
Freedom small urban funds provided that expenditures are made in accordance with the
amounts and for the purposes authorized in the Attachment A, Attachment B, and the
Attachment C.
The original and one copy of the invoice is to be submitted to the following address:
Delma Childress, Public Transportation Assistant
Texas Department of Transportation
4502 Knickerbocker Road
San Angelo, Texas 76904
ARTICLE 4. AMENDMENTS
Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties hereto
before additional work may be performed or additional costs incurred. Any amendment so
approved must be executed by both parties within the grant period specified in the MGA
Article 1, Grant Time Period.
ARTICLE 5. SUCCESSORS AND ASSIGNS
The Subrecipient binds themselves, their successors, assigns, executors and administrators
in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or
transfer their interest in this agreement without the written consent of the State.
96. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 3 of 7 Rev 7-27-2010
ARTICLE 6. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 7. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties
respecting the public transportation grant specifically authorized and funded under this
agreement.
ARTICLE 8. INCORPORATION OF PROVISIONS
Attachments are attached hereto and incorporated into this contract as if fully set forth herein.
ARTICLE 9. SIGNATORY WARRANTY
The undersigned signatory for the Subrecipient hereby represents and warrants that he or
she is an officer of the organization for which he or she has executed this agreement and that
he or she has full and complete authority to enter into this agreement on behalf of the
organization.
ARTICLE 10. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers relevant to the investigation or
audit.
ARTICLE 11. NEPOTISM DISCLOSURE
A. In this section the term “relative” means:
(1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew,
spouse, child, grandchild, or great grandchild, or
(2) the grandparent, parent, sibling, child, or grandchild of the person’s spouse.
B. A notification required by this section shall be submitted in writing to the person designated to
receive official notices under this contract and by first-class mail addressed to Contract Services
Section, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin
Texas 78701. The notice shall specify the Subrecipient's firm name, the name of the person who
submitted the notification, the contract number, the district, division, or office of TxDOT that is
principally responsible for the contract, the name of the relevant Subrecipient employee, the expected
role of the Subrecipient employee on the project, the name of the TxDOT employee who is a relative
of the Subrecipient employee, the title of the TxDOT employee, the work location of the TxDOT
employee, and the nature of the relationship.
C. By executing this contract, the Subrecipient is certifying that the Subrecipient does not have any
knowledge that any of its employees or of any employees of a subcontractor who are expected to
97. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 4 of 7 Rev 7-27-2010
work under this contract have a relative that is employed by TxDOT unless the Subrecipient has
notified TxDOT of each instance as required by subsection (b).
D. If the Subrecipient learns at any time that any of its employees or that any of the employees of a
subcontractor who are performing work under this contract have a relative who is employed by
TxDOT, the Subrecipient shall notify TxDOT under subsection (b) of each instance within thirty days
of obtaining that knowledge.
E. If the Subrecipient violates this section, TxDOT may terminate the contract immediately for cause,
may impose any sanction permitted by law, and may pursue any other remedy permitted by law.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the
Texas Transportation Commission for the purpose and
effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved
and authorized by the Texas Transportation Commission.
By: ___________________________________
Delma Childress, Public Transportation
Coordinator
Public Transportation Division
Date: _________________________________
CONCHO VALLEY RURAL TRANSIT
DISTRICT
By: ______________________________
Signature of Authorized Officer
_______________________________
Typed, Printed or Stamped Name
Title: ____________________________
Date: ____________________________
List of Attachments
A - Approved Project Description
B - Master Budget Page
C - Approved Project Budget
98. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 5 of 7 Rev 7-27-2010
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
Pedestrian/Transit Access Improvement Plan – a capital improvement project to remove
barriers and make accessibility improvements to greater enhance connectivity for persons
with disabilities to San Angelo Central Business District (CBD) bus stops and the CTVD
Multimodal Terminal.
This project can be found in it’s entirety in the Concho Valley Rural Transit District’s response
to the FY10 Coordinated Call for Projects.
99. Project Grant Agreement #. 51107F7084
Concho Valley Rural Transit District State Project # NF 1101 (07) 23
Fed 5317 NF Page 6 of 7 Rev 7-27-2010
ATTACHMENT B
MASTER BUDGET PAGE
[Insert Electronic Budget Page]