Download - June 4, 2013 Agenda Packet
City Council Agenda Page 1 of 6 June 4, 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, June 4, 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.
A. OPEN SESSION (9:00 A.M.)
B. Call to Order
C. Prayer and Pledge
Proclamation
Mr. & Mrs. Bennie Jackson, July 13, 2013, 50th Wedding Anniversary, to be accepted by Mrs. Bennie Jackson
D. The
Recognition
City of San Angelo Finance/Budget Division for receiving the Government Finance Officers Association’s (GFOA) Distinguished Budget Presentation Award, to be accepted by Budget Manager Morgan Chegwidden, and Senior Budget Analyst Laura Brooks
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment.
II. CONSENT AGENDA1.
Consideration of approving the May 21, 2013
2. City Council Regular meeting minutes
a.
Consideration of awarding bid(s) and authorizing the City Manager to execute any necessary related documents:
TR-01-13: Traffic Signs and Blanks; Vulcan Signs (Foley, AL) primary supplier, and Safeway Signs (Adelanto, CA) or Pathmark Traffic Products (San Marcos, TX) alternate suppliers, $35,000.00 (submitted by Traffic Operations Superintendent Alonzo Carrasco)
b. VM-05-13: Auto Body Repair Service; Santellano’s Collision, Pardner’s Body Shop, Shirley Auto
City Council Agenda Page 2 of 6 June 4, 2013
Repair, Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer (all from San Angelo, TX); $75,000.00 (submitted by Assistant Operations Director Patrick Frerich)
c. WU-11-13: Water Utilities Inventory Supplies, Benmark Supply (Midland, TX), HD Supply Waterworks (San Angelo, TX), Morrison Supply (San Angelo, TX), and Western Industrial Supply (Odessa, TX), Various Quotes (submitted by Water Utilities Director Ricky Dickson)
3. Consideration of awarding bid ES-02-13
4.
for the 2013 Mill & Overlay Project to Reece Albert, Inc. (San Angelo, TX), in substantially the attached form, in the amount of $1,319,556.23, and authorizing the City Manager to execute related documents (submitted by Interim City Engineer Tim Wolff)
Consideration of adopting a Resolution
a. 28 W 13th Street, (Jones), Lot 14 & W 25' of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-T
authorizing the Mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: (submitted by Real Estate Administrator Cindy Preas)
b. Next to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T
c. 21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T d. 25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-T
5. Consideration of adopting a Resolution
6.
ratifying the application and contract for, and accepting, if awarded, additional FY2014 Texas Department of State Health Services, Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Grant funds in the amount of $20,000.00, to address public health immunization and disease prevention activities and services (submitted by Health Director Sandra Villarreal)
Consideration of adopting a Resolution
7.
authorizing the release of an east/west running utility easement in the Bluffs Addition, third replat in Section 28, Block 44, Tract H, being Lot 1a in Southwest San Angelo (submitted by Interim Director of Development Services AJ Fawver)
Consideration of approving the Parks and Recreation Advisory Board’s recommendation
8.
to waive fees for the Texas West Little League State Tournament, July 5-7, 2013 and July 18-21, 2013 at the Texas Bank Sports Complex. (Submitted by Recreation Manager MaryAnn Vasquez)
Consideration of approving variances to the City Code for the 7th Annual Drag Boat Races
9.
on June 21-23, 2013, at Lake Nasworthy (submitted by Civic Events Manager Angelica Pena)
Consideration of adopting a Resolution
10.
by the City of San Angleo, Texas (“City”), approving and adopting rate schedule “RRM – Rate Review Mechanism” for Atmos Energy Corporation, Mid-Tex Division to be in force in the City for a period of time as specified in the rate schedule; adopting a savings clause; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; making other findings and provisions related to the subject; and requiring delivery of this Resolution to the company (submitted by Fred Herrera & City Attorney Lysia H. Bowling)
Consideration of adopting a Resolution
11.
appointing election officials for the Runoff Election to be held on June 15, 2013; and providing for an effective date (submitted by City Clerk Alicia Ramirez)
Second Hearing and consideration of adopting the an Ordinance
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
amending the 2012-2013 Budget for grants, new projects and incomplete projects (submitted by Budget Manager Morgan Chegwidden)
III. F. REGULAR AGENDA:
EXECUTIVE/CLOSED SESSION
City Council Agenda Page 3 of 6 June 4, 2013
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 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
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
G. PUBLIC HEARING AND COMMENT
12.
Consideration of approving the renewal of residential
a. Lot 19, Group 2, 2029 American Legion Road (Simpson)
leases for the following properties and authorizing the Mayor, City Manager, or Water Utilities Director to execute all necessary legal documents pertaining to the lease renewal:
b. Lot 1, Group 16, 2262 Joy Road (Furlong)
(Presentation by Water Utilities Director Ricky Dickson)
13. Consideration of adopting a Resolution
(Presentation by Airport Director Luis Elguezabal)
authorizing the City Manager to execute a Supplemental Lease Agreement extending the term of a lease with the U.S. Department of Homeland Security Immigration and Customs Enforcement as lessee, of certain property located at 5575 Stewart Lane, San Angelo Regional Airport – Mathis Field (Airport)
14. Consideration of approving an amendment to Vision Plan Component
(Presentation by Interim Senior Planner Jeff Hintz)
of the San Angelo Comprehensive Plan update adopted in 2009, specifically properties situated south and east from the intersection of Dan Hanks Lane and South Chadbourne Street and extending eastward on the south side of south Chadbourne street, continuing to Old Eola Road, then southwards along south Loop 306, encompassing the existing city limits and properties situated just outside the current city limits in the far southeast portion of San Angelo
15. First Public Hearing and consideration of introducing an Ordinance
Z13-17: P.V. McMinn, Jr.
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
City Council Agenda Page 4 of 6 June 4, 2013
16. First Public Hearing and consideration of introducing an Ordinance
Z 13-18: Loren Edwards
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street; property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Senior Planner Jeff Hintz)
17. First Public Hearing and consideration of introducing an Ordinance
Z 13-12: NE Interests- Charlie Nicholas
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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 of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Director of Development Services AJ Fawver)
18. First Public Hearing and consideration of introducing an Ordinance
Z13-16: OK Holdings, LLC
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, proposed Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Director of Development Services AJ Fawver)
19. First Public Hearing and consideration of introducing an Ordinance
Z 13-19: Rocky Spoonts
amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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
City Council Agenda Page 5 of 6 June 4, 2013
FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
(Presentation by Interim Director of Development Services AJ Fawver)
20. First Public Hearing and consideration of introducing an Ordinance
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company 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
authorizing abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo,
(Presentation by Interim Director of Development Services AJ Fawver)
21.
AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATED WEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLS PASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE
First Public Hearing and consideration of introducing an Ordinance annexing (to San Angelo’s City limits) of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre 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 proposed Prestonwood Addition, Section Two
(Presentation by Interim Director of Development Services AJ Fawver)
22. Consideration of a petition for a variance under Sec. 11.204 (b), from the requirements of Sec.11.203 (e) Water Supply Stage - Drought Level II
(Presentation by Water Utilities Director Ricky Dickson)
regarding Section 2 (C) Watering of “new landscape” shall not be allowed as stated in Section 11.202 for “new landscape.” to Farmers Daughter
23. Discussion and possible action on the Fiscal Year 2012-2013 Budget
(Presentation by Budget Manager Morgan Chegwidden)
as it relates to ambulance fee revenue
City Council Agenda Page 6 of 6 June 4, 2013
24. Discussion on Code of Ordinance Sec. 8.105: Noise From a Motor Vehicle
(Requested by Councilmember Silvas and presentation by Police Chief Tim Vasquez)
regarding enforcement measures of loud stereo music emitting from vehicles
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
25.
26. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
27. Announcements and consideration of Future Agenda Items
Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Tuesday, May 28, 2013, at 5:00 P.M. 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.
/s/_________________________ Alicia Ramirez, City Clerk
City of San Angelo
Memo Date: May 17, 2013
To: Mayor and Councilmembers
From: Alonzo Carrasco, Traffic Operations Superintendent
Subject: Agenda Item for June 04, 2013 Council Meeting
Contact: Alonzo Carrasco, Traffic Operations, 325-657-4377 x1471
Caption: Consent Item
Consideration of awarding bid TR-01-13/Traffic Signs and Blanks to Vulcan Signs, Foley, Al. as the primary supplier and Safeway signs, Adelanto, Ca. or Pathmark Traffic Products, San Marcos, TX. as alternate suppliers, and authorizing the City Manager or designee to execute any necessary related documents.
Summary: The Traffic Operations Department is requesting City Council approval to award bid pricing for the procurement of Traffic Signs and Sign Blanks for the City. Bids were received from Vulcan signs – Foley, Al., Safeway Signs - Adelanto, Ca., Pathmark Traffic Products – San Marcos, TX., Centerline Supply – Grand Prairie, TX., Rocal Inc. – Frankfort, OH., and a no bid from Air Gas – San Angelo, TX.
History: The City procures signs and sign blanks to use in the daily and routine sign maintenance and replacement. High quality products are used to ensure the longest lifespan of Traffic signs, thus prolonging replacement and providing the most economical benefit for the City.
Financial Impact: The Traffic Operations Department budgets $35,000.00 for the procurement of signs and blanks. Vulcan Signs is recommended for award, as primary supplier as they provided the best overall value, and award Safeway Signs and Path Mark Traffic Products as alternate suppliers in the case the primary supplier can not meet an availability date.
Related Vision Item: NA
Other Information/Recommendation: Staff recommends awarding bid to: Vulcan Signs as primary. Attachments: Bid Tab TR-01-13 Presentation: None
Approved by Legal: NA Reviewed by Service Area Director: Shane Kelton, Operations Director, 5-20-13
RFB: TR-01-13/Traffic Signs and Blanks May 8, 2013
Premade signs UnitEst. Qty 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
1Stop sign R1-1, 30", High Intensity Prismatic sheeting (HIP), EA 500 No Bid No Bid No Bid 39.45$ 36.55$ 34.12$ 26.49$ 25.67$ 24.48$ 26.81$ 26.81$ 26.81$ 29.56$ 26.63$ 25.81$ 22.95$ 22.95$ 22.95$
2Yield sign R1-2, 36", High Intensity Prismatic sheeting (HIP) EA 500 - - - 32.45 27.82 25.96 20.89 19.60 18.85 16.73 16.73 16.73 44.57 40.34 39.17 16.41 16.41 16.41
Subtotal - - - 71.90 64.37 60.08 47.38 45.27 43.33 43.54 43.54 43.54 74.13 66.97 64.98 39.36 39.36 39.36
Sign Blanks w/ White reflective sheeting no border Unit 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
3 36" X 9", with white HIP one side EA 1,200 - - - 17.05 14.58 13.75 12.99 11.63 10.78 9.68 9.68 9.68 10.64 9.59 9.29 9.15 9.15 9.15 4 30" X 9", with white HIP one side EA 1,200 - - - 14.90 12.79 11.92 10.84 9.69 8.99 8.26 8.26 8.26 8.87 7.99 7.74 7.64 7.64 7.64 5 24" X 24", with white HIP one side EA 80 - - - 27.76 23.80 22.25 19.80 19.20 18.64 17.16 17.16 17.16 18.92 17.04 16.52 15.28 15.28 15.28 6 30" X 30", with white HIP one side EA 50 - - - 41.30 35.40 33.05 30.80 29.98 29.25 26.81 26.81 26.81 29.56 26.63 25.81 23.62 23.62 23.62 7 18" X 24", with white HIP one side EA 60 - - - 21.75 18.62 17.40 14.90 14.40 13.98 12.87 12.87 12.87 14.19 12.78 12.39 11.47 11.47 11.47 8 12" X 18", with white HIP one side EA 70 - - - 12.60 10.85 10.05 7.30 7.11 6.98 6.84 6.84 6.84 7.10 6.39 6.20 5.84 5.84 5.84 9 24" X 30", with white HIP one side EA 100 - - - 33.75 28.92 27.00 24.60 24.00 23.40 21.45 21.45 21.45 23.65 21.30 20.65 18.90 18.90 18.90 10 18" X 18", with white HIP one side EA 40 - - - 17.23 147.79 13.79 11.20 10.80 10.54 9.68 9.68 9.68 10.64 9.59 9.29 8.73 8.73 8.73 11 12" X 24", with white HIP one side EA 30 - - - 15.70 13.45 12.56 9.98 9.78 9.60 8.73 8.73 8.73 9.46 8.51 8.26 7.80 7.80 7.80
Subtotal - - - 202.04 306.20 161.77 142.41 136.59 132.16 121.48 121.48 121.48 133.03 119.82 116.15 108.43 108.43 108.43
Sign Blanks with yellow HIP reflective sheeting no border Unit 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
12 30" X 30", with yellow HIP one side EA 200 - - - 41.30 35.40 33.04 30.80 29.98 29.25 26.81 26.81 26.81 29.56 26.63 1.00 23.62 23.62 23.62 13 18" X 18", with yellow HIP one side EA 40 - - - 17.23 14.77 13.85 11.20 10.80 10.54 9.68 9.68 9.68 10.64 9.59 1.00 8.73 8.73 8.73 14 12" X 24", with yellow HIP one side EA 80 - - - 15.70 13.45 12.56 9.98 9.78 9.60 8.73 8.73 8.73 9.46 8.52 1.00 7.80 7.80 7.80
Subtotal - - - 74.23 63.62 59.45 51.98 50.56 49.39 45.22 45.22 45.22 49.66 44.74 3.00 40.15 40.15 40.15
Sign clamps 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+15 For 2 3/8" OD pipe EA 1,000 - - - 3.25 2.75 2.50 1.49 1.37 1.31 1.97 1.97 1.97 2.52 2.39 2.26 1.95 1.95 1.95
Total Bid No Bid No Bid No Bid 351.42$ 436.94$ 283.80$ 243.26$ 233.79$ 226.19$ 212.21$ 212.21$ 212.21$ 259.34$ 233.92$ 186.39$ 189.89$ 189.89$ 189.89$
Discount Other Products Discount Other Products NA Discount Other Products NA Discount Other Products NA Discount for Other Products NA Discount Other Products NAAccepts P-Cards Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes
Purchasing Co-op Purchasing Co-op No Purchasing Co-op No Purchasing Co-op No Purchasing Co-op No Purchasing Co-op NoAllow Piggy Back Allow Piggy Back No Allow Piggy Back Yes Allow Piggy Back No Allow Piggy Back No Allow Piggy Back YesPayment Terms Payment Terms Min $3000 Payment Terms Net 30 Payment Terms Net 30 Days Payment Terms 30 Days Payment Terms NA
Rocal, Inc Vulcan Sign
C I T Y O F S A N A N G E L O
Air Gas Centerline Supply Pathmark Safeway Sign Co
RFB: TR-01-13/Traffic Signs and Blanks May 8, 2013
Premade signs UnitEst. Qty 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
1Stop sign R1-1, 30", High Intensity Prismatic sheeting (HIP), EA 500 No Bid No Bid No Bid 39.45$ 36.55$ 34.12$ 26.49$ 25.67$ 24.48$ 26.81$ 26.81$ 26.81$ 29.56$ 26.63$ 25.81$ 22.95$ 22.95$ 22.95$
2Yield sign R1-2, 36", High Intensity Prismatic sheeting (HIP) EA 500 - - - 32.45 27.82 25.96 20.89 19.60 18.85 16.73 16.73 16.73 44.57 40.34 39.17 16.41 16.41 16.41
Subtotal - - - 71.90 64.37 60.08 47.38 45.27 43.33 43.54 43.54 43.54 74.13 66.97 64.98 39.36 39.36 39.36
Sign Blanks w/ White reflective sheeting no border Unit 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
3 36" X 9", with white HIP one side EA 1,200 - - - 17.05 14.58 13.75 12.99 11.63 10.78 9.68 9.68 9.68 10.64 9.59 9.29 9.15 9.15 9.15 4 30" X 9", with white HIP one side EA 1,200 - - - 14.90 12.79 11.92 10.84 9.69 8.99 8.26 8.26 8.26 8.87 7.99 7.74 7.64 7.64 7.64 5 24" X 24", with white HIP one side EA 80 - - - 27.76 23.80 22.25 19.80 19.20 18.64 17.16 17.16 17.16 18.92 17.04 16.52 15.28 15.28 15.28 6 30" X 30", with white HIP one side EA 50 - - - 41.30 35.40 33.05 30.80 29.98 29.25 26.81 26.81 26.81 29.56 26.63 25.81 23.62 23.62 23.62 7 18" X 24", with white HIP one side EA 60 - - - 21.75 18.62 17.40 14.90 14.40 13.98 12.87 12.87 12.87 14.19 12.78 12.39 11.47 11.47 11.47 8 12" X 18", with white HIP one side EA 70 - - - 12.60 10.85 10.05 7.30 7.11 6.98 6.84 6.84 6.84 7.10 6.39 6.20 5.84 5.84 5.84 9 24" X 30", with white HIP one side EA 100 - - - 33.75 28.92 27.00 24.60 24.00 23.40 21.45 21.45 21.45 23.65 21.30 20.65 18.90 18.90 18.90 10 18" X 18", with white HIP one side EA 40 - - - 17.23 147.79 13.79 11.20 10.80 10.54 9.68 9.68 9.68 10.64 9.59 9.29 8.73 8.73 8.73 11 12" X 24", with white HIP one side EA 30 - - - 15.70 13.45 12.56 9.98 9.78 9.60 8.73 8.73 8.73 9.46 8.51 8.26 7.80 7.80 7.80
Subtotal - - - 202.04 306.20 161.77 142.41 136.59 132.16 121.48 121.48 121.48 133.03 119.82 116.15 108.43 108.43 108.43
Sign Blanks with yellow HIP reflective sheeting no border Unit 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+
12 30" X 30", with yellow HIP one side EA 200 - - - 41.30 35.40 33.04 30.80 29.98 29.25 26.81 26.81 26.81 29.56 26.63 1.00 23.62 23.62 23.62 13 18" X 18", with yellow HIP one side EA 40 - - - 17.23 14.77 13.85 11.20 10.80 10.54 9.68 9.68 9.68 10.64 9.59 1.00 8.73 8.73 8.73 14 12" X 24", with yellow HIP one side EA 80 - - - 15.70 13.45 12.56 9.98 9.78 9.60 8.73 8.73 8.73 9.46 8.52 1.00 7.80 7.80 7.80
Subtotal - - - 74.23 63.62 59.45 51.98 50.56 49.39 45.22 45.22 45.22 49.66 44.74 3.00 40.15 40.15 40.15
Sign clamps 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+ 1-50 51-100 101+15 For 2 3/8" OD pipe EA 1,000 - - - 3.25 2.75 2.50 1.49 1.37 1.31 1.97 1.97 1.97 2.52 2.39 2.26 1.95 1.95 1.95
Total Bid No Bid No Bid No Bid 351.42$ 436.94$ 283.80$ 243.26$ 233.79$ 226.19$ 212.21$ 212.21$ 212.21$ 259.34$ 233.92$ 186.39$ 189.89$ 189.89$ 189.89$
Discount Other Products Discount Other Products NA Discount Other Products NA Discount Other Products NA Discount for Other Products NA Discount Other Products NAAccepts P-Cards Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes Accepts P-Cards Yes
Purchasing Co-op Purchasing Co-op No Purchasing Co-op No Purchasing Co-op No Purchasing Co-op No Purchasing Co-op NoAllow Piggy Back Allow Piggy Back No Allow Piggy Back Yes Allow Piggy Back No Allow Piggy Back No Allow Piggy Back YesPayment Terms Payment Terms Min $3000 Payment Terms Net 30 Payment Terms Net 30 Days Payment Terms 30 Days Payment Terms NA
Rocal, Inc Vulcan Sign
C I T Y O F S A N A N G E L O
Air Gas Centerline Supply Pathmark Safeway Sign Co
City of San Angelo
Memo Date: May 15, 2013
To: Mayor and Councilmembers
From: Patrick Frerich, Vehicle Maintenance Superintendent
Subject: Agenda Item for June 04, 2013 Council Meeting
Contact: Patrick Frerich, Vehicle Maintenance, 325-657-4329 x1651
Caption: Consent Item
Consideration of authorizing City Manager to execute a contract, in substantially the attached form, between the City of San Angelo and Santellano’s Collision, Pardner’s Body Shop, Shirley Auto Repair, Hargraves’ Truck and Equipment, J&T’s Welding, and Century Trailer to carry out auto body repair services as provided in RFB No. VM-05-13.
Summary: The Vehicle Maintenance Department is requesting City Council approval to award bid pricing for the repair of vehicles and equipment resulting from accidents. Requests for Bids (RFB) were mailed to ten (10) local body and welding shops and advertised in local media. Bids were received from Century Trailer – San Angelo, J&T’s Welding – San Angelo, Pardner’s Body Shop – San Angelo, and Shirley’s Auto Repair – San Angelo, Santellano’s Collision – San Angelo, and Hargraves Truck and Implement – San Angelo. History: The City contracts with local auto body shops for the repair of City equipment and vehicles involved in vehicular accidents. Included as an addition to this bid is a solicitation for pricing for welding services to encompass repairs on trailers, mowing equipment, etc.
Financial Impact: Vehicle and equipment repairs result in an annual expense of approximately $75,000.00. Individual award is given to the approved repair facility offering the type of work required, best repair value based on overall price and availability. Related Vision Item: NA
Other Information/Recommendation: Staff recommends approving all bid submissions. Attachments: Bid Tab VM-05-12; Contract Template
Presentation: None Approved by Legal: Yes Reviewed by Service Area Director: Shane Kelton, Director of Operations
X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Automotive Body Repair\Bid Tab ‐ VM‐05‐13X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Automotive Body Repair\Bid Tab ‐ VM‐05‐13
Busker
C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐02‐05‐13 * April 24, 2013
Auto Body Repair Service
Santellano's Pardners Shirley's
Hargraves Truck &
ImplementJ&T
WeldingCentury Trailers
No. Item Unit Est Qty Total Price Total Price Total Price Total Price Total Price Total Price1 Complete Body Work Per Hr NA $ 34.00 $ 40.00 $ 40.00 $ 50.00 No Bid $ 73.00 2 Name of Repair Manual NA NA Mitchell Mitchell CCC One Mitchell RS Means None
Other Cost1 Frame Repair Per Hr NA $ 50.00 $ 40.00 $ 55.00 2 Mechanical Per Hr NA $ 55.00 3 Shop Welding (Steel) Per Hr NA $ 70.00 4 Shop Welding (Aluminum/Stainless) Per Hr NA $ 85.00 $ 80.00 5 Field Welding (Steel) Per Hr NA $ 70.00 6 Field Welding (Aluminum/Stainless) Per Hr NA $ 85.00 7 Paint & Material Per Hr NA $ 30.00 8 Paint Per Hr NA 40.00$ 90.00$
Allow Piggyback Purchasing YES YES YES YES YES YES
Bids Mailed To:
Busker's Body Shops Body Shop San ASan Angelongelo TXTXCalvert Collision Center San Angelo TX
Century Trailer San Angelo TX
J & T's Welding San Angelo TX
Jim Bass Collision & Supplies San Angelo TX
Lakeview Collision San Angelo TXPardner's Body Shop San Angelo TXSantellano's Collision San Angelo TXShirley's Auto Repair San Angelo TXWest Texas Collision San Angelo TX
X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Automotive Body Repair\Bid Tab ‐ VM‐05‐13X:\PF Documents\Bid Documents\2013 Equipment Bids\Bid Tabs 2013\Automotive Body Repair\Bid Tab ‐ VM‐05‐13
Busker
C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: VM‐02‐05‐13 * April 24, 2013
Auto Body Repair Service
Santellano's Pardners Shirley's
Hargraves Truck &
ImplementJ&T
WeldingCentury Trailers
No. Item Unit Est Qty Total Price Total Price Total Price Total Price Total Price Total Price1 Complete Body Work Per Hr NA $ 34.00 $ 40.00 $ 40.00 $ 50.00 No Bid $ 73.00 2 Name of Repair Manual NA NA Mitchell Mitchell CCC One Mitchell RS Means None
Other Cost1 Frame Repair Per Hr NA $ 50.00 $ 40.00 $ 55.00 2 Mechanical Per Hr NA $ 55.00 3 Shop Welding (Steel) Per Hr NA $ 70.00 4 Shop Welding (Aluminum/Stainless) Per Hr NA $ 85.00 $ 80.00 5 Field Welding (Steel) Per Hr NA $ 70.00 6 Field Welding (Aluminum/Stainless) Per Hr NA $ 85.00 7 Paint & Material Per Hr NA $ 30.00 8 Paint Per Hr NA 40.00$ 90.00$
Allow Piggyback Purchasing YES YES YES YES YES YES
Bids Mailed To:
Busker's Body Shops Body Shop San ASan Angelongelo TXTXCalvert Collision Center San Angelo TX
Century Trailer San Angelo TX
J & T's Welding San Angelo TX
Jim Bass Collision & Supplies San Angelo TX
Lakeview Collision San Angelo TXPardner's Body Shop San Angelo TXSantellano's Collision San Angelo TXShirley's Auto Repair San Angelo TXWest Texas Collision San Angelo TX
SERVICES AGREEMENT BETWEEN THE CITY OF SAN ANGELO, TEXAS AND ____________________________
This Agreement is entered into this ___ day of ____________, 2013 (but effective as of
__________________________) by and between the City of San Angelo, a municipal
corporation of the State of Texas (“City”) and____________________, a ___________
corporation of the State of Texas (“Provider”).
RECITAL
A. City has issued a Request for Bid No. (“RFB No.VM-05-13”) Vehicle
Maintenance Auto Body Repair Services for the provision of professional certified auto body
repair services (“Services”) and Provider’s bid, in response thereto, has been selected as the most
qualified proposal for the provision of the Services. The RFB referred to herein, collectively, as
the Contract Documents, and are by this reference incorporated into and made a part of this
Agreement (“Agreement”).
B. On _____________, 2013, the City Council of City of San Angelo, approved the
selection of Provider and authorized the City Manager to execute a contract, under the terms and
conditions set forth herein.
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
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2. TERM: The term of this Agreement shall be three (3) years commencing on the
effective date hereof.
3. OPTION TO EXTEND: City shall have two (2) option(s) to extend the term hereof
for a period of one (1) year each, subject to availability, appropriation of funds and to agreement
of both parties. City Council approval shall not be required as long as the total extended term
does not exceed two (2) years.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth, in Exhibit “A” attached hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to City that: (i) it possesses all qualifications,
licenses and expertise required for the performance of the Services; (ii) it is not delinquent in
the payment of any sums due City, including payment of permit fees, occupational licenses, etc.,
nor in the performance of any obligations to City; (iii) all personnel assigned to perform
Services are and shall be, at all times during the term hereof, fully qualified and trained to
perform the tasks assigned to each; and (iv) Services will be performed in the manner described
in Contract Documents.
5. COMPENSATION:
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A. The amount of compensation payable by the City to Provider shall be based on
the rates described in Exhibit “B” attached hereto, which by this reference is incorporated into
this Agreement.
B. Unless otherwise specifically provided in Exhibit “B”, payment shall be made
within thirty (30) calendar days after receipt of Provider’s invoice, which shall be accompanied
by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures should City require one to be performed. No advance payments shall be made at
any time.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of City. Provider agrees not to use
any such information, document, report or material for any other purpose whatsoever without the
written consent of City, which may be withheld or conditioned by City in its sole discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. City may, at reasonable times, and for a period of up to three (3) years following
the date of final payment by City to Provider under this Agreement, audit, or cause to be audited,
those books and records of Provider which are related to Provider’s performance under this
Agreement. Provider agrees to maintain all such books and records at its principal place of
business for a period of three (3) years after final payment is made under this Agreement.
B. City may, at reasonable times during the term hereof, inspect Provider’s work and
perform such tests, as City deems reasonably necessary, to determine whether the goods or
services required to be provided by Provider under this Agreement conform to the terms hereof
4
and/or the terms found in Exhibit “A”, if applicable. Provider shall make available to City all
reasonable access and assistance to facilitate the performance of tests or inspections by City
representatives.
8. AWARD OF AGREEMENT: Provider represents and warrants to City that it has not
employed or retained any person or company employed by City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award
of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 552, Texas Government Code, and agrees to allow access by City and the
public to all documents subject to disclosure under applicable law. Provider’s failure or refusal
to comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by City.
10. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Provider, its
agents, employees and sub-providers understands that agreements between private entities and
local governments are subject to certain laws and regulations, including laws pertaining to public
records, conflict of interest, record keeping, etc. Provider agrees to comply with and observe all
applicable laws, city charter, codes and ordinances as they may be amended from time to time.
Provider must obtain all necessary permits and licenses that are required in completing the work
contracted for in this agreement.
11. VENUE: Venue for any cause of action arising under this contract is Tom Green
County, Texas. This contract is governed by the laws of the State of Texas both as to
5
interpretation and performance. This contract shall, in any dispute over its meaning or
application, be interpreted fairly and reasonably, and not more strongly for or against either
party.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by City to Provider while Provider was in default shall be
immediately returned to City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to City for all expenses incurred by City in preparation and negotiation of
this Agreement, as well as all costs and expenses incurred by City in the re-procurement of the
Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and City based upon an alleged violation of the terms of this
Agreement by City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds Twenty-five Thousand and 00/00 Dollars
($25,000.00), the City Manager’s decision shall be approved or disapproved by City Council.
Provider shall not be entitled to seek judicial relief unless: (i) it has first received the City
Manager’s written decision, approved by City Council if the amount of compensation hereunder
6
exceeds Twenty-five Thousand and 00/00 Dollars ($25,000.00), or (ii) a period of sixty (60) days
has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (ninety (90) days if the City Manager’s decision is
subject to City Council approval); or (iii) City has waived compliance with the procedure set
forth in this section by written instruments, signed by the City Manager.
14. CITY’S TERMINATION RIGHTS:
A. City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Provider at least five (5) business days prior to the effective date
of such termination. In such event, City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall City
be liable to Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. City shall have the right to terminate this Agreement, without notice to Provider,
upon the occurrence of an event of default hereunder. In such event, City shall not be obligated
to pay any amounts to Provider and Provider shall reimburse to City all amounts received while
Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by City. All such insurance, including renewals, shall be
subject to the approval of City for adequacy of protection and evidence of such coverage shall be
furnished to City on Certificates of Insurance indicating such insurance to be in force and effect
and providing that it will not be canceled during the performance of the services under this
contract without thirty (30) calendar days prior written notice to City. Completed Certificates of
Insurance shall be filed with City prior to the performance of services hereunder, provided,
7
however, that Provider shall at any time upon request file duplicate copies of the policies of such
insurance with City.
If, in the judgment of City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, City reserves the
right to require the provision by Provider of an amount of coverage different from the amounts or
kind previously required and shall afford written notice of such change in requirements thirty
(30) days prior to the date on which the requirements shall take effect. Should provider fail or
refuse to satisfy the requirement of changed coverage within thirty (30) days following City’s
written notice, this Contract shall be considered terminated on the date that the required change
in policy coverage would otherwise take effect.
16. SPECIAL INDEMNIFICATION AND INSURANCE:
A. INDEMNIFICATION:
1. INDEMNIFICATION: PROVIDER SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS CITY AND ITS OFFICIALS, EMPLOYEES AND AGENTS
(COLLECTIVELY REFERRED TO AS “INDEMNITEES”) AND EACH OF THEM
FROM AND AGAINST ALL LOSS, COSTS, PENALTIES, FINES, DAMAGES,
CLAIMS, EXPENSES (INCLUDING ATTORNEY’S FEES) OR LIABILITIES
(COLLECTIVELY REFERRED TO AS “LIABILITIES”) ASSERTED BY ANY
PERSON OR PERSONS, INCLUDING AGENTS OR EMPLOYEES OF PROVIDER
OR CITY BY REASON OF ANY INJURY TO OR DEATH OF ANY PERSON OR
DAMAGE TO OR DESTRUCTION OR LOSS OF ANY PROPERTY ARISING OUT
OF, RESULTING FROM, OR IN CONNECTION WITH (I) THE PERFORMANCE
OR NON-PERFORMANCE OF THE SERVICES CONTEMPLATED BY THIS
AGREEMENT WHICH IS OR IS ALLEGED TO BE DIRECTLY OR INDIRECTLY
CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION, DEFAULT OR
NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF PROVIDER OR ITS
EMPLOYEES, AGENTS OR SUB-PROVIDERS (COLLECTIVELY REFERRED TO
8
AS “PROVIDER”), REGARDLESS OF WHETHER IT IS, OR IS ALLEGED TO BE,
CAUSED IN WHOLE OR PART (WHETHER JOINT, CONCURRENT OR
CONTRIBUTING) BY ANY ACT, OMISSION, DEFAULT OR NEGLIGENCE
(WHETHER ACTIVE OR PASSIVE) OF THE INDEMNITEES, OR ANY OF THEM
OR (II) THE FAILURE OF PROVIDER TO COMPLY WITH ANY OF THE
PARAGRAPHS HEREIN OR THE FAILURE OF PROVIDER TO CONFORM TO
STATUTES, ORDINANCES, OR OTHER REGULATIONS OR REQUIREMENTS OF
ANY GOVERNMENTAL AUTHORITY, FEDERAL OR STATE, IN CONNECTION
WITH THE PERFORMANCE OF THIS AGREEMENT OR SUSTAINED IN OR
UPON THE PREMISES, OR AS A RESULT OF ANYTHING CLAIMED TO BE
DONE OR ADMITTED TO BE DONE BY PROVIDER HEREUNDER.. PROVIDER
EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
INDEMNITEES, OR ANY OF THEM, FROM AND AGAINST ALL LIABILITIES
WHICH MAY BE ASSERTED BY AN EMPLOYEE OR FORMER EMPLOYEE OF
PROVIDER, OR ANY OF ITS SUB-PROVIDERS, AS PROVIDED ABOVE, FOR
WHICH PROVIDER’S LIABILITY TO SUCH EMPLOYEE OR FORMER
EMPLOYEE WOULD OTHERWISE BE LIMITED TO PAYMENTS UNDER STATE
WORKERS’ COMPENSATION OR SIMILAR LAWS. THIS INDEMNIFICATION
SHALL SURVIVE THE TERM OF THIS AGREEMENT AS LONG AS ANY
LIABILITY COULD BE ASSERTED. NOTHING HEREIN SHALL REQUIRE
PROVIDER TO INDEMNIFY, DEFEND, OR HOLD HARMLESS ANY
INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
2. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY
PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF
THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS
OWED BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY
PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS AGREEMENT BUT
THEREAFTER SO LONG AS ANY LIABILITY (INCLUDING BUT NOT LIMITED
TO LIABILITY FOR CLOSURE AND POST CLOSURE COSTS) COULD BE
9
ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF PROVIDER IN
PERFORMING UNDER THIS AGREEMENT.
3. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN
THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND
ASSESSMENTS OCCURRING DURING THE TERM OF THIS AGREEMENT BUT
RETROACTIVELY TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE
OCCURRED DURING THE TERM OF PREVIOUS AGREEMENTS BETWEEN
CITY AND PROVIDER.
B. INSURANCE:
1. GENERAL CONDITIONS. The following conditions shall apply to all
insurance policies obtained by Provider for the purpose of complying with this
Agreement.
a) Satisfactory Companies. Coverage shall be maintained with insurers and
under forms of policies satisfactory to City and with insurers licensed to do business in
Texas.
b) Named Insureds. All insurance policies required herein shall be drawn in
the name of Provider, with City, its council members, board and commission members,
officials, agents, guests, invitees, consultants and employees named as additional
insureds, except on Workers’ Compensation coverage.
c) Waiver of Subrogation. Provider shall require its insurance carrier(s), with
respect to all insurance policies, to waive all rights of subrogation against City, its council
members, board and commission members, officials, agents, guests, invitees, consultants
and employees.
d) Certificates of Insurance. At or before the time of execution of this
Agreement, Provider shall furnish City’s Risk Manager with certificates of insurance as
evidence that all of the policies required herein are in full force and effect and provide the
required coverage and limits of insurance. All certificates of insurance shall clearly state
that all applicable requirements have been satisfied. The certificates shall provide that
any company issuing an insurance policy shall provide to City not less than thirty (30)
days advance notice in writing of cancellation, non-renewal, or material change in the
policy of insurance. In addition, Provider and insurance company shall immediately
10
provide written notice to City’s Risk Manager upon receipt of notice of cancellation of
any insurance policy, or of a decision to terminate or alter any insurance policy. Copies
of required endorsements will be attached to the certificates to confirm the required
endorsements are in effect. Certificates of insurance and notices of cancellations,
terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72 W.
College Ave., San Angelo, Texas 76903.
e) Provider’s Liability. The procurement of such policy of insurance shall not
be construed to be a limitation upon Provider’s liability or as a full performance on its
part of the indemnification provisions of this Agreement. Provider’s obligations are,
notwithstanding any policy of insurance, for the full and total amount of any damage,
injury or loss caused by or attributable to its activities conducted at or upon the premises.
Failure of Provider to maintain adequate coverage shall not relieve Provider of any
contractual responsibility or obligation.
f) Sub-providers’ Insurance. Provider shall cause each Sub-Provider and
Sub-Sub-Provider of Provider to purchase and maintain insurance of the types and in the
amounts specified below. Provider shall require Sub-providers and Sub-Sub-Providers to
furnish copies of certificates of insurance to Provider’s Risk Manager evidencing
coverage for each Sub-Provider and Sub-Sub-Provider.
2. TYPES AND AMOUNTS OF INSURANCE REQUIRED. Provider shall
obtain and continuously maintain in effect at all times during the term hereof, at
Provider’s sole expense, insurance coverage as follows with limits not less than those set
forth below:
a) Commercial General Liability and or Garage Liability. This policy shall
be an occurrence-type policy and shall protect provider and additional insureds against all
claims arising from bodily injury, sickness, disease or death of any person (other than
provider’s employees) and damage to property of city or others arising out of the act or
omission of provider or its agents and employees. This policy shall also include
protection against claims for the contractual liability assumed by Provider under the
paragraph of this Agreement entitled “Indemnification,” including completed operations,
products liability, contractual coverage, broad form property coverage, explosion,
11
collapse, underground, premises/operations, and independent providers (to remain in
force for two years after final payment). Coverage limits shall not be less than:
$ 1,000,000.00 General Aggregate $ 1,000,000.00 Products – Completed Operations $ 1,000,000.00 Personal & Advertising Injury $ 1,000,000.00 Each Occurrence $ 500,000.00 Fire Damage (any one fire) b) Business Automobile Liability. This policy shall be written in
comprehensive form and shall protect Provider and the additional insureds against all
claims for injuries to members of the public and damage to property of others arising
from the use of motor vehicles and shall cover operation on and off the premises of all
motor vehicles licensed for highway use, whether they are owned, non-owned or hired.
Coverage shall be as follows:
$ 500,000.00 Each Accident Limit
The foregoing requirement will not be applicable if, and so long as, Provider qualifies as
a self-insurer under the rules and regulations of the commission or agency administering
the workers’ compensation program in Texas and furnishes evidence of such
qualification to City in accordance with the notice provisions of this Agreement.
If Provider uses contract labor, Provider shall require its sub-provider to maintain the
above referenced coverage and furnish copies of certificates of insurance as required
herein.
17. NONDISCRIMINATION: Provider represents and warrants to City that Provider does
not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with Provider’s performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
12
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
18. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Provider must comply with
the Immigration Reform and Control Act (IRCA) and may not knowingly obtain labor or
services of an unauthorized alien. Provider -- not City -- must verify eligibility for employment
as required by IRCA.
19. INDEBTEDNESS TO CITY: Provider agrees that no payments owed by him, of any
nature whatsoever, to the City, including payment in advance for service charges or any sums of
any character whatsoever, shall become delinquent or in arrears.
20. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part,
without the prior written consent of City, which may be withheld or conditioned, in City’s sole
discretion.
21. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO CITY: TO PROVIDER:
City of San Angelo _____________________ Attn: Patrick Frerich Attn: ___________________ 72 West College Avenue ________________________ San Angelo, Texas 76903 _____________, Texas _____ Phone: (325) 657-4329 Phone: (325) Email: [email protected] Email: _____@___________
13
22. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Texas.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective, unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Texas or City of San Angelo, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
23. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
24. INDEPENDENT PROVIDER: Provider has been procured and is being engaged to
provide services to City as an independent provider, and not as an agent or employee of City.
Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil
14
Service or Pension Ordinances of City, nor any rights generally afforded classified or
unclassified employees. Provider further understands that Texas Workers’ Compensation
benefits available to employees of City are not available to Provider, and agrees to provide
workers’ compensation insurance for any employee or agent of Provider rendering services to
City under this Agreement.
25. HISTORICALLY UNDERUTILIZED BUSINESSES PROCUREMENT
PROGRAM: City has established a Historically Underutilized Businesses Procurement
Program (“HUB Program”) designed to increase the volume of City procurement and agreements
with minorities and women-owned businesses. Provider understand and agrees that City shall
have the right to terminate and cancel this Agreement, without notice or penalty to City, and to
eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false or misleading information as
to its status as a minority and/or a woman-owned business and/or the quality and/or type of
minority or woman-owned business participation.
26. AMENDMENTS: City or Provider may amend this Contract at any time provided that
such amendments make specific reference to this Contract, and are executed in writing, signed
by a duly authorized representative of City and Provider, and approved by City. Such
amendments shall not invalidate this Contract, nor relieve or release City or Provider from their
respective obligations under this Contract.
27. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
15
28. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in this Agreement, and included in Exhibit “A” attached hereto and
made a part thereof. Contractor herby reaffirms all of the representations contained in RFB
No.VM-05-13
29. DOCUMENTS OF INCORPORATION: This Agreement is expressly made subject
to all attachments hereto, to all of the attachments, provisions, requirements, federal, state and
local laws, rules and regulations as of the effective date herein, and to any and all requirements,
whether federal, state or local, verbal or written, placed upon City. The foregoing is hereby
made a part of this Agreement and incorporated herein by reference as if fully set out herein.
30. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
31. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
[Signature Page to Follow]
16
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and City agree as follows:
CITY OF SAN ANGELO, a municipal corporation ATTEST: _________________________ By:______________________________ Alicia Ramirez, City Clerk Daniel Valenzuela, City Manager
“Provider” __________________________________
By:__________________________________, ______________, TITLE ATTEST: _________________, Secretary
17
EXHIBIT “A”
Scope of Work
18
EXHIBIT “B”
Compensation Fee Schedule
19
SERVICES AGREEMENT
BETWEEN CITY OF SAN ANGELO, TEXAS AND ____________________
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ______________________________ __________________________________ Lysia H. Bowling City Attorney John Seaton, Risk Manager APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ______________________________ _____________________________________ Roger Banks, Purchasing Manager Shane Kelton, Director of Operations
Deleted: Interim
City of San Angelo
Memo Date: May 29, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Ricky Dickson, 657-4209
Caption: Consent Item
Consideration of award of bids for WU-11-13 Water Utilities Inventory Supplies to various vendors based on lowest unit bid in compliance with the bid requirements for each specific item.
Summary: Bids have been received from four (4) vendors for Water Utility Inventory Supplies. The four vendors are Benmark Supply, HD Supply Waterworks, Morrison Supply and Western Industrial Supply.
History: The City bids inventory items to establish pricing for purchase of materials as necessary at the best price and availability.
Financial Impact: Funded within the Water Distribution and Wastewater Collections operations budgets.
Related Vision Item
N/A
Other Information/ Recommendation:
The bid includes over 300 individual items including valves, fittings, meter boxes, etc. Purchases are made based on the lowest unit bid in compliance with the bid requirements. It is recommended that the bid be awarded to Benmark Supply, HD Supply Waterworks, Morrison Supply and Western Industrial Supply.
Attachments: Bid Tab
Presentation: None
Publication: N/A
Reviewed by Service Area Director:
Ricky Dickson, Water Utilities Director, May 28, 2013
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 1 of 10
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
1 BA040OG 50 $ 21.50 $ 1,075.00 FORD 1-2 Weeks $ 21.21 $ 1,060.50 FORD KV13-332W STOCK $ 21.65 $ 1,082.29 FORD KV13332WNL 14 $ 21.99 $ 1,099.50 FORD KV13-332WNL 1-4 WKS
2 BA0401G 50 $ 33.54 1,677.00 FORD 1-2 Weeks $ 32.53 1,626.50 FORD KV13-444W STOCK $ 33.19 1,659.38 FORD KV13444WNL 14 $ 33.71 1,685.50 FORD KV13-444WNL 1-4 WKS
3 BA0500G 100 $ 25.75 2,575.00 FORD 1-2 Weeks $ 25.44 2,544.00 FORD KV23-332W STOCK $ 25.96 2,595.83 FORD KV23332WNL 14 $ 26.37 2,637.00 FORD KV23-332WNL 1-4 WKS
4 BA0501G 100 $ 35.00 3,500.00 FORD 1-2 Weeks $ 34.68 3,468.00 FORD KV23-444W STOCK $ 35.39 3,538.54 FORD KV23444WNL 14 $ 35.95 3,595.00 FORD KV23-444WNL 1-4 WKS
5 BA0700G 75 $ 26.46 1,984.50 FORD 1-2 Weeks $ 27.14 2,035.50 FORD KV43-332WG STOCK $ 27.68 2,075.78 FORD KV43332WQNL 14 $ 28.12 2,109.00 FORD KV43-332GNL 1-4 WKS
6 BA0701G 75 $ 37.50 2,812.50 FORD 1-2 Weeks $ 37.14 2,785.50 FORD KV43-444WG STOCK $ 37.89 2,841.41 FORD KV43444WQNL 14 $ 38.49 2,886.75 FORD KV43-444VVGNL 1-4 WKS
Total $ 13,624.00 Total $ 13,520.00 Total $ 13,793.23 Total $ 14,012.75
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
7 BC0500H 100 $ 20.70 $ 2,070.00 FORD 1-2 Weeks $ 20.49 $ 2,049.00 FORD F600-3 STOCK $ 20.92 $ 2,091.67 FORD F6003NL 14 $ 21.25 $ 2,125.00 FORD F600-3-NL 1-4 WKS
8 BC0501H 100 $ 31.62 3,162.00 FORD 1-2 Weeks $ 31.32 3,132.00 FORD F600-4 STOCK $ 31.96 3,195.83 FORD F6004NL 14 $ 32.47 3,247.00 FORD F600-4-NL 1-4 WKS
9 BC0700H 25 $ 22.26 556.50 FORD 1-2 Weeks $ 22.04 551.00 FORD F1000-3G STOCK $ 22.49 562.24 FORD F10003QNL 14 $ 22.85 571.25 FORD F1000-3-G-NL 1-4 WKS
10 BC0701H 25 $ 33.67 841.75 FORD 1-2 Weeks $ 33.34 833.50 FORD F1000-4G STOCK $ 34.01 850.26 FORD F10004QNL 14 $ 34.55 863.75 FORD F1000-4-G-NL 1-4 WKS
Total $ 6,630.25 Total $ 6,565.50 Total $ 6,700.00 Total $ 6,807.00
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
11 BE0400D 25 $ 36.45 911.25 FORD 1-2 Weeks $ 36.10 $ 902.50 FORD B11-333W $ 36.83 $ 920.83 FORD B11333WNL 14 $ 37.42 $ 935.50 FORD B11-333W-NL 1-4 WKS
12 BE0401D 50 $ 55.86 2,793.00 FORD 1-2 Weeks $ 55.35 2,767.50 FORD B11-444W $ 56.45 2,822.40 FORD B11444WNL 14 $ 57.34 2,867.00 FORD B11-444W-NL 1-4 WKS
13 BE0500D 100 $ 43.29 4,329.00 FORD 1-2 Weeks $ 42.43 4,243.00 FORD B21-333W $ 43.28 4,328.13 FORD B21333WNL 14 $ 43.97 4,397.00 FORD B21-333W-NL 1-4 WKS
14 BE0501D 130 $ 59.90 7,787.00 FORD 1-2 Weeks $ 59.33 7,712.90 FORD B21-444W $ 60.52 7,867.71 FORD B21444WNL 14 $ 61.48 7,992.40 FORD B21-444W-NL 1-4 WKS
15 BE0503D 10 $ 99.00 990.00 FORD 1-2 Weeks $ 99.44 994.40 FORD B21-555W $ 100.50 1,005.00 FORD B21555WNL 14 $ 102.10 1,021.00 FORD B21-555W-NL 1-4 WKS
Total $ 16,810.25 Total $ 16,620.30 Total $ 16,944.06 Total $ 17,212.90
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
16 BG0400D 10 $ - - NO BID $ 36.21 $ 362.10 MILWAUKEE STOCK $ 45.09 $ 450.94 HAMMON UP105/645-3/4 14 $ - $ - NO BID 17 BG0401D 10 $ - - NO BID $ 46.56 465.60 MILWAUKEE STOCK $ 55.66 556.59 HAMMON UP105/645-1 14 $ - - NO BID 18 BE0403D 10 $ - - NO BID $ 71.46 714.60 MILWAUKEE STOCK $ 80.16 801.56 HAMMON UP105/645-1-1/4 14 $ - - NO BID 19 BE0405D 10 $ - - NO BID $ 82.86 828.60 MILWAUKEE STOCK $ 90.64 906.35 HAMMON UP105/645-1-1/2 14 $ - - NO BID 20 BG0407D 30 $ - - NO BID $ 108.74 3,262.20 MILWAUKEE STOCK $ 116.30 3,489.06 HAMMON UP105/645-2 14 $ - - NO BID
Total $ - Total $ 5,633.10 Total $ 6,204.51 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
21 CC0309O 50 $ 66.60 $ 3,330.00 FORD 1-2 Weeks $ 63.34 $ 3,167.00 FORD V42-9W STOCK $ 64.61 $ 3,230.73 FORD V429WNL 14 $ 65.64 $ 3,282.00 FORD V42-9W-NL 1-4 WKS
22 CC0312O 25 $ 66.19 1,654.75 FORD 1-2 Weeks $ 65.56 1,639.00 FORD V42-12W STOCK $ 66.89 1,672.14 FORD V4212NL 14 $ 67.95 1,698.75 FORD V42-12W-NL 1-4 WKS
23 CC0410O 25 $ 120.66 3,016.50 FORD 1-2 Weeks $ 119.47 2,986.75 FORD V44-10W STOCK $ 121.86 3,046.61 FORD V4410WNL 14 $ 123.80 3,095.00 FORD V44-10W-NL 1-4 WKS
Total $ 8,001.25 Total $ 7,792.75 Total $ 7,949.48 Total $ 8,075.75
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
24 CD0003O 200 $ 6.62 $ 1,324.00 FORD STOCK $ 6.54 $ 1,308.00 FORD C38-23-2.5 STOCK $6.70 $ 1,339.58 FORD C38232.5NL 14 $ 6.80 $ 1,360.00 FORD C38-23-2.5-NL 1-4 WKS25 CD0305O 200 $ 7.52 1,504.00 FORD STOCK $ 7.43 1,486.00 FORD C38-23-1.5 STOCK $7.60 1,520.83 FORD C38231.5NL 14 $ - - NO BID 26 CD0004O 100 $ 10.21 1,021.00 FORD STOCK $ 10.09 1,009.00 FORD C38-44-2.625 STOCK $10.31 1,031.25 FORD C382.625NL 14 $ 10.48 1,048.00 FORD C38-44-2.6-NL 1-4 WKS27 CD0405O 100 $ 9.91 991.00 FORD STOCK $ 9.80 980.00 FORD C38-44-1.5 STOCK $10.02 1,002.08 FORD C38441.5NL 14 $ - - NO BID
Total $ 4,840.00 Total $ 4,783.00 Total $ 4,893.75 Total $ 2,408.00
$ 34.64 Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
28 CD0302O 25 $ 7.04 $ 176.00 FORD 1-2 Weeks $ 6.94 $ 173.50 FORD A23 STOCK $ 7.11 $ 177.75 FORD A23NL 14 $ 7.23 $ 180.75 FORD A23-NL 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
30 CD5600O 75 $ 38.51 $ 2,888.25 FORD STOCK $ 45.63 $ 3,422.25 FORD CF31-77 STOCK $ 43.30 $ 3,247.50 FORD
CF3177NLSLOTTED
14 $ 43.99 $ 3,299.25 FORD CF31-77-NL 1-4 WKS
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
Angle Stop
Corporation Valve
Curb Stop
Gate Valve, Brass
Meter Relocator
MEter Coupling
Brass Meter Adapter
Meter Flange
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 2 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
31 HA0203A 23 $ - - NO BID $ 2.09 $ 48.07 MERIT/LEE STOCK $ 1.96 $ 45.12 MERIT 2008-300 14 $ - $ - NO BID 32 HA0204A 25 $ - - NO BID $ 2.73 68.25 MERIT/LEE STOCK $ 2.57 64.14 MERIT 2008-400 14 $ - - NO BID 33 HA0206A 25 $ - - NO BID $ 4.98 124.50 MERIT/LEE STOCK $ 3.74 93.39 MERIT 2008-600 14 $ - - NO BID 34 HA0301A 25 $ - - NO BID $ 1.56 39.00 MERIT/LEE STOCK $ 1.49 37.23 MERIT 2012-001 14 $ - - NO BID 35 HA0302A 50 $ - - NO BID $ 1.97 98.50 MERIT/LEE STOCK $ 1.88 93.78 MERIT 2012-200 14 $ - - NO BID 36 HA0303A 25 $ - - NO BID $ 2.69 67.25 MERIT/LEE STOCK $ 2.51 62.72 MERIT 2012-300 14 $ - - NO BID 37 HA0304A 25 $ - - NO BID $ 3.51 87.75 MERIT/LEE STOCK $ 3.27 81.81 MERIT 2012-400 14 $ - - NO BID 38 HA0306A 25 $ - - NO BID $ 5.13 128.25 MERIT/LEE STOCK $ 4.78 119.49 MERIT 2012-600 14 $ - - NO BID 39 HA0401A 100 $ - - NO BID $ 2.35 235.00 MERIT/LEE STOCK $ 2.20 219.58 MERIT 2016-001 14 $ - - NO BID 40 HA0402A 25 $ - - NO BID $ 2.91 72.75 MERIT/LEE STOCK $ 2.71 67.72 MERIT 2016-200 14 $ - - NO BID 41 HA0403A 50 $ - - NO BID $ 3.90 195.00 MERIT/LEE STOCK $ 3.64 181.98 MERIT 2016-300 14 $ - - NO BID 42 HA0404A 75 $ - - NO BID $ 5.09 381.75 MERIT/LEE STOCK $ 4.74 355.46 MERIT 2016-400 14 $ - - NO BID 43 HA0406A 75 $ - - NO BID $ 6.27 470.25 MERIT/LEE STOCK $ 6.98 523.42 MERIT 2016-600 14 $ - - NO BID 44 HA0503A 25 $ - - NO BID $ 5.43 135.75 MERIT/LEE STOCK $ 5.06 126.60 MERIT 2020-300 14 $ - - NO BID 45 HA0506A 25 $ - - NO BID $ 10.44 261.00 MERIT/LEE STOCK $ 9.73 243.26 MERIT 2020-600 14 $ - - NO BID 46 HA0601A 25 $ - - NO BID $ 4.62 115.50 MERIT/LEE STOCK $ 4.20 105.10 MERIT 2024-001 14 $ - - NO BID 47 HA0603A 25 $ - - NO BID $ 6.85 171.25 MERIT/LEE STOCK $ 6.38 159.56 MERIT 2024-300 14 $ - - NO BID 48 HA0606A 25 $ - - NO BID $ 13.18 329.50 MERIT/LEE STOCK $ 12.28 307.05 MERIT 2024-600 14 $ - - NO BID 49 HA0701A 50 $ - - NO BID $ 7.04 352.00 MERIT/LEE STOCK $ 6.56 327.99 MERIT 2032-001 14 $ - - NO BID 50 HA0703A 50 $ - - NO BID $ 8.77 438.50 MERIT/LEE STOCK $ 8.18 408.76 MERIT 2032-300 14 $ - - NO BID 51 HA0704A 100 $ - - NO BID $ 11.48 1,148.00 MERIT/LEE STOCK $ 10.70 1,069.55 MERIT 2032-400 14 $ - - NO BID 52 HA0706A 75 $ - - NO BID $ 16.95 1,271.25 MERIT/LEE STOCK $ 15.79 1,184.27 MERIT 2032-600 14 $ - - NO BID 53 HA0710A 75 $ - - NO BID $ 27.98 2,098.50 MERIT/LEE STOCK $ 26.09 1,956.51 MERIT 2032-1000 14 $ - - NO BID
Total $ - Total $ 8,337.57 Total $ 7,834.48 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
54 KA0202C 75 $ 9.07 680.25 FORD 1-2 Weeks $ 8.94 $ 670.50 FORD C28-33 STOCK $ 9.17 $ 687.50 FORD C2833NL 14 $ 9.31 $ 698.25 FORD C28-33-NL 1-4 WKS
55 KA0303B 100 $ 12.95 1,295.00 FORD 1-2 Weeks $ 12.81 1,281.00 FORD C28-44 STOCK $ 13.09 1,309.38 FORD C2844NL 14 $ 13.30 1,330.00 FORD C28-44-NL 1-4 WKS
56 KA0306B 25 $ 73.65 1,841.25 FORD 1-2 Weeks $ 72.63 1,815.75 FORD C28-77 STOCK $ 74.10 1,852.60 FORD C2877NL 14 $ 75.28 1,882.00 FORD C28-77-NL 1-4 WKS
57 KA0402B 25 $ 10.21 255.25 FORD 1-2 Weeks $ 10.09 252.25 FORD C84-33 STOCK $ 10.31 257.81 FORD C8433QNL 14 $ 10.48 262.00 FORD C84-33Q-NL 1-4 WKS
58 KA0403A 100 $ 12.08 1,208.00 FORD 1-2 Weeks $ 11.94 1,194.00 FORD C84-44 STOCK $ 12.21 1,220.83 FORD C8444QNL 14 $ 12.40 1,240.00 FORD C84-44Q-NL 1-4 WKS
Total $ 5,279.75 Total $ 5,213.50 Total $ 5,328.13 Total $ 5,412.25
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
59 KB0102A 25 $ - - NO BID $ 4.84 $ 121.00 MERIT/LEE STOCK $ 5.63 $ 140.84 MERIT NL111-12 14 $ - $ - NO BID 60 KB0103A 100 $ - - NO BID $ 8.24 824.00 MERIT/LEE STOCK $ 9.61 961.04 MERIT NL111-16 14 $ - - NO BID 61 KB0106A 25 $ - - NO BID $ 29.63 740.75 MERIT/LEE STOCK $ 34.51 862.64 MERIT NL111-32 14 $ - - NO BID
Total $ - Total $ 1,685.75 Total $ 1,964.52 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
62 KB0602F 25 $ - - NO BID 16.30 $ 407.50 MUELLER H15505 STOCK $ 23.85 $ 596.35 FORD LFSC233NL 14 $ - $ - NO BID 63 KB0603F 0 $ - - NO BID $ - - NO BID NO BID $ 34.13 34.13 FORD LFSC244NL 14 $ - - NO BID
Total $ - Total $ 407.50 Total $ 630.48 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
64 KC0102A 25 $ - - NO BID $ 6.87 $ 171.75 MERIT/LEE STOCK $ 8.01 $ 200.16 MERIT NL106-12 14 $ - $ - NO BID 65 KC0103A 75 $ - - NO BID $ 12.39 929.25 MERIT/LEE STOCK $ 14.45 1,083.80 MERIT NL106-16 14 $ - - NO BID 66 KC0106A 75 $ - - NO BID $ 39.93 2,994.75 MERIT/LEE STOCK $ 46.55 3,491.14 MERIT NL106-32 14 $ - - NO BID
Total $ - Total $ 4,095.75 Total $ 4,775.09 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
67 KD0201O 25 $ - - NO BID $ 2.74 $ 68.50 MERIT/LEE STOCK $ 3.19 $ 79.73 MERIT NL117-08 14 $ - $ - NO BID 68 KD0202O 50 $ - - NO BID $ 3.44 172.00 MERIT/LEE STOCK $ 4.01 200.67 MERIT NL117-12 14 $ - - NO BID 69 KD0203O 50 $ - - NO BID $ 5.50 275.00 MERIT/LEE STOCK $ 6.42 320.76 MERIT NL117-16 14 $ - - NO BID 70 KD0206O 50 $ - - NO BID $ 15.81 790.50 MERIT/LEE STOCK $ 18.44 921.96 MERIT NL117-32 14 $ - - NO BID 71 KD0207O 50 $ - - NO BID $ 0.89 44.50 MERIT/LEE STOCK $ 0.90 44.79 MERIT NLBS117A-04 14 $ - - NO BID
Total $ - Total $ 1,350.50 Total $ 1,567.91 Total $ -
Nipple
Brass Male Adapters
Brass Coupling
Brass Lead Adapters
Brass Tee
Brass Plugs
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 3 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
72 KE0102A 25 $ - - NO BID $ 5.50 $ 137.50 MERIT/LEE STOCK $ 6.42 $ 160.38 MERIT NL101-12 14 $ - $ - NO BID 73 KE0103A 25 $ - - NO BID $ 8.89 222.25 MERIT/LEE STOCK $ 10.44 260.90 MERIT NL101-16 14 $ - - NO BID 74 KE0106A 25 $ - - NO BID $ 28.90 722.50 MERIT/LEE STOCK $ 33.68 842.11 MERIT NL101-32 14 $ - - NO BID
Total $ - Total $ 1,082.25 Total $ 1,263.39 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
75 KE0706H 25 $ - - NO BID $ 42.00 $ 1,050.00 MERIT/LEE STOCK $ 48.95 $ 1,223.72 MERIT NL103-32 14 $ - $ - NO BID 76 KE0103H 25 $ - - NO BID $ 5.09 127.25 MERIT/LEE STOCK $ 14.45 361.27 MERIT NL103-16 14 $ - - NO BID
Total $ - Total $ 1,177.25 Total $ 1,584.99 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
77 KG0302D 25 $ 10.10 252.50 FORD 1-2 Weeks $ 11.33 $ 283.25 FORD CS22-33 STOCK $ 10.21 $ 255.21 FORD CS2233NL 14 $ 10.89 $ 272.25 FORD CS22-33-NL 1-4 WKS
78 KG0303D 25 $ 15.69 392.25 FORD 1-2 Weeks $ 19.83 495.75 FORD CS22-44 STOCK $ 15.78 394.53 FORD CS2244NL 14 $ 16.85 421.25 FORD CS22-44-NL 1-4 WKS
Total $ 644.75 Total $ 779.00 Total $ 649.74 Total $ 693.50
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
79 KH0302G 25 $ 11.46 286.50 FORD 1-2 Weeks $ 9.08 227.00 FORD C22-33 STOCK $ 11.58 289.58 FORD C2233NL 14 $ 12.35 $ 308.75 FORD C22-33-NL 1-4 WKS80 KH0303G 25 $ 20.06 501.50 FORD 1-2 Weeks $ 15.87 396.75 FORD C22-44 STOCK $ 20.27 506.77 FORD C2244NL 14 $ 21.65 541.25 FORD C22-44-NL 1-4 WKS
Total $ 788.00 Total $ 623.75 Total $ 796.35 Total $ 850.00
Qty Cost Per
Unit Extended Cost Mfg. Mfg. Catalog #
Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
81 KH0402D 25 $ 12.43 310.75 FORD 1-2 Weeks $ 12.31 $ 307.75 FORD C44-33G STOCK $ 12.55 313.80 FORD C4433QNL 14 $ 13.40 335.00 FORD C44-33-G-NL 1-4 WKS82 KH0403D 100 $ 14.22 1,422.00 FORD 1-2 Weeks $ 14.06 1,406.00 FORD C44-44G STOCK $ 14.36 1,436.46 FORD C4444QNL 14 $ 15.35 1,535.00 FORD C44-44-G-NL 1-4 WKS
Total $ 1,732.75 Total $ 1,713.75 Total $ 1,750.26 Total $ 1,870.00
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
83 KI0202D 25 $ 11.18 279.50 FORD 1-2 Weeks $ 11.05 $ 276.25 FORD L84-33G STOCK $ 11.29 282.29 FORD L8433QNL 14 $ 12.05 $ 301.25 FORD L84-33-G-NL 1-4 WKS84 KI0203D 24 $ 18.59 446.16 FORD 1-2 Weeks $ 18.39 441.36 FORD L84-44G STOCK $ 18.78 450.75 FORD L8444QNL 14 $ 20.05 481.20 FORD L84-44-G-NL 1-4 WKS85 KI0203G 50 $ 10.30 515.00 FORD 1-2 Weeks $ 11.05 552.50 FORD L84-33 STOCK $ 9.82 491.15 FORD L2833NL 14 $ 10.48 524.00 FORD L28-33-NL 1-4 WKS 86 KI0203G 50 $ 16.15 807.50 FORD 1-2 Weeks $ 18.38 919.00 FORD L84-44 STOCK $ 17.34 867.19 FORD L2844NL 14 $ 17.40 870.00 FORD L28-44-NL 1-4 WKS
Total $ 2,048.16 Total 2,189.11 Total 2,091.38 Total 2,176.45
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
87 KP0502A 25 $ 7.51 187.75 FORD 1-2 Weeks $ 7.41 $ 185.25 FORD C01-33 STOCK $ 7.58 189.58 FORD CO133NL 14 $ 9.75 $ 243.75 FORD C21-33-NL 1-4 WKS 88 KP0503A 50 $ 12.66 633.00 FORD 1-2 Weeks $ 12.51 625.50 FORD C01-44 STOCK $ 12.79 639.58 FORD CO144NL 14 $ 14.95 747.50 FORD C21-44-NL 1-4 WKS
Total $ 820.75 Total $ 810.75 Total $ 829.17 Total $ 991.25
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
89 MA0102A 25 $ - - NO BID $ 2.37 $ 59.25 MERIT/LEE STOCK $ 2.60 $ 65.10 FORD C1813NL 14 $ 2.95 $ 73.75 FORD C18-13-NL 1-4 WKS 90 MA0103B 150 $ - - NO BID $ 5.04 756.00 MERIT/LEE STOCK $ 3.24 485.94 FORD C1834NL 14 $ 3.65 547.50 FORD C18-34-NL 1-4 WKS 91 MA0104B 100 $ - - NO BID $ 8.60 860.00 MERIT/LEE STOCK $ 7.74 773.96 FORD C1835NL 14 $ 8.75 875.00 FORD C18-35-NL 1-4 WKS 92 MA0104C 100 $ - - NO BID $ 8.60 860.00 MERIT/LEE STOCK $ 6.23 622.92 FORD C1845NL 14 $ 7.05 705.00 FORD C18-45-NL 1-4 WKS 93 MA0107C 50 $ - - NO BID $ 15.07 753.50 MERIT/LEE STOCK $ 12.64 631.77 FORD C1847NL 14 $ 14.28 714.00 FORD C18-47-NL 1-4 WKS 94 MA0203B 25 $ - - NO BID $ 9.80 245.00 FORD STOCK $ 8.76 219.01 FORD BBAA43NL 14 $ 9.90 247.50 FORD BBAA-43-NL 1-4 WKS
Total $ - Total $ 3,533.75 Total $ 2,798.70 Total $ 3,162.75
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
95 BS0025O 100 $ 15.59 1,559.00 East Jordan 1-5 Days $ 15.03 $ 1,503.00 EJ 06800001 STOCK $ 15.43 $ 1,542.71 EAST JORDON 0600001 14 $ 15.59 $ 1,559.00 EJCO 06800001 1-4 WKS 96 BS0026O 100 $ 28.46 2,846.00 East Jordan 1-5 Days $ 27.45 2,745.00 EJ 85507010 STOCK $ 28.17 2,816.67 EAST JORDON 85507010 14 $ 28.48 2,848.00 EJCO 85507010 1-4 WKS 97 BS0028O 100 $ 33.02 3,302.00 East Jordan 1-5 Days $ 31.83 3,183.00 EJ 85506015 STOCK $ 32.68 3,267.71 EAST JORDON 85506015 14 $ 33.02 3,302.00 EJCO 85506015 1-4 WKS
Total $ 7,707.00 Total $ 7,431.00 Total $ 7,627.08 Total $ 7,709.00
90 Degree Elbow
90 Degree Street Elbow
Two-Part Unions
Three-Part Unions
Three-Part Union
Quarter Bend Adapter
Bronze Flare Nuts
Bushing
Adjustable Valve Box w Lid
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 4 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
98 CB0011P 75 $ 29.18 $ 2,188.50 East Jordan 1-5 Days $ 2.80 $ 210.00 EJ 32411500 STOCK $ 28.88 $ 2,166.00 EAST JORDON 32411500W 14 $ 29.18 $ 2,188.50 EJCO 32411500W 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
99 CB0011B 75 $ 17.23 $ 1,292.25 East Jordan 1-5 Days $ 16.60 $ 1,245.00 EJ 32111301 STOCK $ 17.05 $ 1,278.75 EAST JORDON 32111301 14 $ 17.23 $ 1,292.25 EJCO 32111301 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
100 CB0019C 50 $ 56.85 $ 2,842.50 East Jordan 1-5 Days $ 55.00 $ 2,750.00 EJ 32131324 STOCK $ 56.46 $ 2,823.00 EAST JORDON 32131344A01 14 $ 57.05 $ 2,852.50 EJCO 3213344A01 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
101 CB0019P 50 $ 68.00 $ 3,400.00 East Jordan 1-5 Days $ 65.57 $ 3,278.50 EJ 32144001 STOCK $ 67.30 $ 3,365.00 EAST JORDON 32414001W 14 $ 68.01 $ 3,400.50 EJCO 32414001W 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
102 UA0001P 25 $ 116.59 $ 2,914.75 East Jordan 1-5 Days $ 112.42 $ 2,810.50 EJ 00847511 STOCK $ 115.38 $ 2,884.50 EAST JORDON 00847511 14 $ 116.59 $ 2,914.75 EJCO 847511 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
103 UB0002O 25 $ 13.74 $ 343.50 East Jordan 1-5 Days $ 13.23 $ 330.75 EJ 0084752 STOCK $ 13.59 $ 339.75 EAST JORDON 00847521 14 $ 13.74 $ 343.50 EJCO 8475521 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
104 UD0011O 50 $ 138.95 $ 6,947.50 East Jordan 1-5 Days $ 133.94 $ 6,697.00 EJ 00117711 STOCK $ 137.50 $ 6,875.00 EAST JORDON 00117711 14 $ 138.95 $ 6,947.50 EJCO 117711 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
105 UD0012O 50 $ 115.79 $ 5,789.50 East Jordan 1-5 Days $ 111.64 $ 5,582.00 EJ 00117738 STOCK $ 114.58 $ 5,729.00 EAST JORDON 00117738 14 $ 115.79 $ 5,789.50 EJCO 117739 1-4 WKS
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
106 GA0104O 20 $ 95.37 1,907.40 Tyler 1-5 Days $ 123.61 $ 2,472.20 TYLER STOCK $ 106.14 $ 2,122.71 TYLER 030294 14 $ - $ - NO BID 107 GA0106O 10 $ 138.53 1,385.30 Tyler 1-5 Days $ 178.52 1,785.20 TYLER STOCK $ 148.30 1,482.97 TYLER 030478 14 $ - - NO BID 108 GA0108O 10 $ 192.08 1,920.80 Tyler 1-5 Days $ 260.39 2,603.90 TYLER STOCK $ 194.77 1,947.66 TYLER 030591 14 $ - - NO BID 109 GA0110O 10 $ 317.66 3,176.60 Tyler 1-5 Days $ 431.90 4,319.00 TYLER STOCK $ 320.83 3,208.33 TYLER 029885 14 $ - - NO BID 110 GA0112O 10 $ 382.06 3,820.60 Tyler 1-5 Days $ 567.29 5,672.90 TYLER STOCK $ 385.59 3,855.89 TYLER 030034 14 $ - - NO BID 111 GA0116O 2 $ 805.60 1,611.20 Tyler 1-5 Days $ 1,243.01 2,486.02 TYLER STOCK $ 814.10 1,628.20 TYLER 032748 14 $ - - NO BID
Total $ 13,821.90 Total $ 19,339.22 Total $ 14,245.75 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
112 GB0104O 10 $ 88.07 880.70 Tyler 1-5 Days $ 51.69 $ 516.90 TYLER STOCK $ 98.92 $ 989.17 TYLER 030287 14 $ - $ - NO BID 113 GB0106O 10 $ 124.98 1,249.80 Tyler 1-5 Days $ 160.07 1,600.70 TYLER STOCK $ 134.89 1,348.91 TYLER 030461 14 $ - - NO BID 114 GB0108O 10 $ 172.81 1,728.10 Tyler 1-5 Days $ 226.06 2,260.60 TYLER STOCK $ 175.69 1,756.88 TYLER 030584 14 $ - - NO BID 115 GB0110O 10 $ 276.93 2,769.30 Tyler 1-5 Days $ 346.18 3,461.80 TYLER STOCK $ 280.10 2,800.99 TYLER 029854 14 $ - - NO BID 116 GB0112O 10 $ 343.74 3,437.40 Tyler 1-5 Days $ 482.79 4,827.90 TYLER STOCK $ 347.95 3,479.48 TYLER 030010 14 $ - - NO BID 117 GB0116O 4 $ 669.98 2,679.92 Tyler 1-5 Days $ 1,019.26 4,077.04 TYLER STOCK $ 679.52 2,718.08 TYLER 032731 14 $ - - NO BID 118 GC0104O 10 $ 86.51 865.10 Tyler 1-5 Days $ 109.74 1,097.40 TYLER STOCK $ 97.37 973.70 TYLER 030270 14 $ - - NO BID 119 GC0106O 10 $ 115.68 1,156.80 Tyler 1-5 Days $ 151.49 1,514.90 TYLER STOCK $ 130.77 1,307.66 TYLER 030454 14 $ - - NO BID 120 GC0108O 10 $ 170.72 1,707.20 Tyler 1-5 Days $ 223.42 2,234.20 TYLER STOCK $ 173.63 1,736.25 TYLER 030577 14 $ - - NO BID 121 GC0110O 10 $ 275.92 2,759.20 Tyler 1-5 Days $ 336.92 3,369.20 TYLER STOCK $ 279.07 2,790.68 TYLER 029847 14 $ - - NO BID 122 GC0112O 6 $ 321.63 1,929.78 Tyler 1-5 Days $ 433.32 2,599.92 TYLER STOCK $ 325.78 1,954.66 TYLER 029991 14 $ - - NO BID 123 GC0116O 4 $ 655.37 2,621.48 Tyler 1-5 Days $ 988.24 3,952.96 TYLER STOCK $ 665.08 2,660.33 TYLER 032724 14 $ - - NO BID
Total $ 23,784.78 Total $ 31,513.52 Total $ 24,516.77 Total $ -
Oval Meter Box
Oval Meter Box Lid
Rectangular Meter Box Lid
Rectangular Meter Box
Clean Out Boot
Clean Out Lid
Manhole Ring
Manhole Lid
90 Degree Bend Cast Fitting
45 Degree Bend Cast Fitting
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 5 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
124 GD0104B 10 $ 135.23 1,352.30 Tyler 1-5 Days $ 174.48 $ 1,744.80 TYLER STOCK $ 151.47 $ 1,514.69 TYLER 032243 14 $ - $ - NO BID 125 GD0106B 10 $ 154.90 1,549.00 Tyler 1-5 Days $ 238.69 2,386.90 TYLER STOCK $ 203.94 2,039.43 TYLER 032333 14 $ - - NO BID 126 GD0106C 10 $ 207.27 2,072.70 Tyler 1-5 Days $ 261.53 2,615.30 TYLER STOCK $ 219.09 2,190.94 TYLER 032281 14 $ - - NO BID 127 GD0108B 10 $ 243.50 2,435.00 Tyler 1-5 Days $ 292.81 2,928.10 TYLER STOCK $ 233.40 2,333.96 TYLER 032380 14 $ - - NO BID 128 GD0108C 10 $ 251.57 2,515.70 Tyler 1-5 Days $ 333.47 3,334.70 TYLER STOCK $ 258.34 2,583.44 TYLER 031741 14 $ - - NO BID 129 GD0108D 10 $ 287.63 2,876.30 Tyler 1-5 Days $ 385.27 3,852.70 TYLER STOCK $ 290.86 2,908.59 TYLER 031734 14 $ - - NO BID 130 GD0112B 4 $ 391.11 1,564.44 Tyler 1-5 Days $ 525.16 2,100.64 TYLER STOCK $ 399.98 1,599.94 TYLER 032144 14 $ - - NO BID 131 GD0112C 4 $ 484.99 1,939.96 Tyler 1-5 Days $ 567.76 2,271.04 TYLER STOCK $ 412.04 1,648.17 TYLER 032168 14 $ - - NO BID 132 GD0112E 4 $ 620.91 2,483.64 Tyler 1-5 Days $ 735.71 2,942.84 TYLER STOCK $ 547.04 2,188.15 TYLER 032113 14 $ - - NO BID 133 GD0112F 4 $ 549.39 2,197.56 Tyler 1-5 Days $ 763.41 3,053.64 TYLER STOCK $ 554.92 2,219.69 TYLER 032090 14 $ - - NO BID 134 GD0116F 4 $ 948.28 3,793.12 Tyler 1-5 Days $ 1,475.49 5,901.96 TYLER STOCK $ 958.68 3,834.73 TYLER 034667 14 $ - - NO BID 135 GD0116H 4 $ 1,168.06 4,672.24 Tyler 1-5 Days $ 1,831.51 7,326.04 TYLER STOCK $ 1,180.67 4,722.69 TYLER 034624 14 $ - - NO BID
Total $ 29,451.96 Total $ 40,458.66 Total $ 29,784.40 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
136 GE0104B 10 $ 217.65 2,176.50 Tyler 1-5 Days $ 252.51 $ 2,525.10 TYLER STOCK $ 244.76 $ 2,447.55 TYLER 030966 14 $ - $ - NO BID 137 GE0106B 6 $ 249.96 1,499.76 Tyler 1-5 Days $ 314.06 1,884.36 TYLER STOCK $ 270.42 1,622.50 TYLER 030997 14 $ - - NO BID 138 GE0106C 4 $ 285.25 1,141.00 Tyler 1-5 Days $ 380.21 1,520.84 TYLER STOCK $ 303.81 1,215.25 TYLER 030980 14 $ - - NO BID 139 GE0108B 4 $ 320.59 1,282.36 Tyler 1-5 Days $ 409.07 1,636.28 TYLER STOCK $ 359.68 1,438.73 TYLER 031017 14 $ - - NO BID 140 GE0108C 4 $ 308.21 1,232.84 Tyler 1-5 Days $ 465.31 1,861.24 TYLER STOCK $ 320.38 1,281.50 TYLER 031024 14 $ - - NO BID 141 GE0108D 4 $ 338.88 1,355.52 Tyler 1-5 Days $ 534.62 2,138.48 TYLER STOCK $ 344.16 1,376.63 TYLER 031000 14 $ - - NO BID 142 GE0112C 2 $ 565.81 1,131.62 Tyler 1-5 Days $ 659.39 1,318.78 TYLER STOCK $ 488.51 977.02 TYLER 030904 14 $ - - NO BID 143 GE0112D 2 $ 615.76 1,231.52 Tyler 1-5 Days $ 718.78 1,437.56 TYLER STOCK $ 627.79 1,255.58 TYLER 030928 14 $ - - NO BID 144 GE0112F 2 $ 771.15 1,542.30 Tyler 1-5 Days $ 955.71 1,911.42 TYLER STOCK $ 777.88 1,555.76 TYLER 030867 14 $ - - NO BID
Total $ 12,593.42 Total $ 16,234.06 Total $ 13,170.52 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
145 GF0104O 6 $ 45.00 270.00 Tyler 1-5 Days $ 68.07 $ 408.42 TYLER STOCK $ 28.57 $ 171.44 TYLER 031109 14 $ - $ - NO BID 146 GF0106O 6 $ 71.00 426.00 Tyler 1-5 Days $ 97.51 585.06 TYLER STOCK $ 46.62 279.72 TYLER 031123 14 $ - - NO BID 147 GF0108O 6 $ 101.00 606.00 Tyler 1-5 Days $ 137.45 824.70 TYLER STOCK $ 65.33 391.96 TYLER 031147 14 $ - - NO BID 148 GF0110O 2 $ 172.00 344.00 Tyler 1-5 Days $ 195.43 390.86 TYLER STOCK $ 105.69 211.38 TYLER 031048 14 $ - - NO BID 149 GF0112O 3 $ 176.00 528.00 Tyler 1-5 Days $ 225.81 677.43 TYLER STOCK $ 114.95 344.85 TYLER 031062 14 $ - - NO BID 150 GF0116O 2 $ 411.00 822.00 Tyler 1-5 Days $ 642.57 1,285.14 TYLER STOCK $ 275.68 551.36 TYLER 033172 14 $ - - NO BID 151 GF0204O 6 $ 42.48 254.88 Tyler 1-5 Days $ 60.71 364.26 TYLER STOCK $ 47.91 287.47 TYLER 030713 14 $ - - NO BID 152 GF0206O 6 $ 62.68 376.08 Tyler 1-5 Days $ 78.31 469.86 TYLER STOCK $ 67.19 403.13 TYLER 030720 14 $ - - NO BID 153 GF0208O 6 $ 91.09 546.54 Tyler 1-5 Days $ 120.62 723.72 TYLER STOCK $ 92.48 554.91 TYLER 030737 14 $ - - NO BID 154 GF0210O 4 $ 136.00 544.00 Tyler 1-5 Days $ 178.31 713.24 TYLER STOCK $ 137.73 550.92 TYLER 030683 14 $ - - NO BID 155 GF0212O 4 $ 169.00 676.00 Tyler 1-5 Days $ 211.94 847.76 TYLER STOCK $ 171.40 685.58 TYLER 030690 14 $ - - NO BID 156 GF0216O 2 $ 335.51 671.02 Tyler 1-5 Days $ 509.36 1,018.72 TYLER STOCK $ 340.28 680.55 TYLER 032991 14 $ - - NO BID 157 GF0304O 6 $ 25.26 151.56 Tyler 1-5 Days $ 44.21 265.26 TYLER STOCK $ 24.23 145.41 TYLER 281566 14 $ - - NO BID 158 GF0306O 6 $ 40.13 240.78 Tyler 1-5 Days $ 65.32 391.92 TYLER STOCK $ 39.70 238.22 TYLER 281573 14 $ - - NO BID 159 GF0308O 4 $ 55.00 220.00 Tyler 1-5 Days $ 87.76 351.04 TYLER STOCK $ 53.63 214.50 TYLER 281580 14 $ - - NO BID 160 GF0310O 4 $ 84.00 336.00 Tyler 1-5 Days $ 113.50 454.00 TYLER STOCK $ 82.50 330.00 TYLER 281542 14 $ - - NO BID 161 GF0312O 4 $ 97.00 388.00 Tyler 1-5 Days $ 171.57 686.28 TYLER STOCK $ 95.91 383.63 TYLER 281559 14 $ - - NO BID 162 GF0316O 2 $ - - NO BID NO BID $ 702.13 1,404.26 TYLER STOCK $ 720.42 1,440.83 TYLER NA 14 $ - - NO BID
Total $ 7,400.86 Total $ 11,861.93 Total $ 7,865.83 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
163 GG0104A 6 $ - - NO BID $ - $ - NO BID NO BID $ 99.60 $ 597.59 TYLER NA 14 $ - $ - NO BID 164 GG0106B 4 $ 102.17 408.68 Tyler 1-5 Days $ 126.01 504.04 TYLER STOCK $ 112.01 448.02 TYLER 061765 14 $ - - NO BID 165 GG0108B 4 $ 126.16 504.64 Tyler 1-5 Days $ 174.46 697.84 TYLER STOCK $ 133.18 532.71 TYLER 031789 14 $ - - NO BID 166 GG0108C 4 $ 139.12 556.48 Tyler 1-5 Days $ 187.41 749.64 TYLER STOCK $ 144.72 578.88 TYLER 031802 14 $ - - NO BID 167 GG0112B 4 $ 220.87 883.48 Tyler 1-5 Days $ 317.66 1,270.64 TYLER STOCK $ 227.56 910.23 TYLER 031628 14 $ - - NO BID 168 GG0112C 4 $ 217.00 868.00 Tyler 1-5 Days $ 313.94 1,255.76 TYLER STOCK $ 224.15 896.58 TYLER 031642 14 $ - - NO BID 169 GG0112D 4 $ 237.00 948.00 Tyler 1-5 Days $ 332.24 1,328.96 TYLER STOCK $ 233.46 933.83 TYLER 031666 14 $ - - NO BID 170 GG0112E 2 $ 272.68 545.36 Tyler 1-5 Days $ 353.46 706.92 TYLER STOCK $ 277.67 555.34 TYLER 031604 14 $ - - NO BID 171 GG0116C 2 $ 453.63 907.26 Tyler 1-5 Days $ 705.16 1,410.32 TYLER STOCK $ 463.67 927.33 TYLER 033615 14 $ - - NO BID 172 GG0116F 1 $ 476.00 476.00 Tyler 1-5 Days $ 700.13 700.13 TYLER STOCK $ 481.77 481.77 TYLER 033585 14 $ - - NO BID
Total $ 6,097.90 Total $ 8,624.25 Total $ 6,862.28 Total $ -
Tee Cast Fitting
Cross Cast Fitting
Plug Cast Fitting
Reducer Cast Fitting
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 6 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
173 GH0104O 10 $ 154.00 1,540.00 Tyler 1-5 Days $ - - NO BID NO BID $ 81.38 813.79 TYLER 491835 14 $ - $ - NO BID 174 GH0106O 10 $ 153.00 1,530.00 Tyler 1-5 Days $ 165.42 1,654.20 TYLER STOCK $ 135.00 1,350.04 TYLER 040385 14 $ - - NO BID 175 GH0108O 10 $ 194.00 1,940.00 Tyler 1-5 Days $ 241.61 2,416.10 TYLER STOCK $ 257.52 2,575.22 TYLER NA 14 $ - - NO BID 176 GH0110O 4 $ - - NO BID NO BID $ - - NO BID NO BID $ - - TYLER NA 14 $ - - NO BID 177 GH0112O 4 $ - - NO BID NO BID $ - - NO BID NO BID $ 723.48 2,893.93 TYLER NA 14 $ - - NO BID
Total $ 5,010.00 Total $ 4,070.30 Total $ 7,632.99 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
178 GI0106C 6 $ 186.00 1,116.00 Tyler 1-5 Days $ 255.69 1,534.14 TYLER STOCK $ 204.71 1,228.28 TYLER 032304 14 $ - $ - NO BID 179 GI0108C 6 $ - - NO BID STOCK $ 328.31 1,969.86 TYLER STOCK $ 249.12 1,494.72 TYLER 032410 14 $ - - NO BID
Total $ 1,116.00 Total $ 3,504.00 Total $ 2,723.00 Total -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
181 GS0104O 6 $ 84.78 508.68 Tyler 1-5 Days $ 103.71 $ 622.26 TYLER STOCK $ 95.31 $ 571.84 TYLER 030265 14 $ - $ - NO BID 182 GS0106O 6 $ 124.00 744.00 Tyler 1-5 Days $ 151.41 908.46 TYLER STOCK $ 132.83 796.97 TYLER 030447 14 $ - - NO BID 183 GS0108O 6 $ 163.99 983.94 Tyler 1-5 Days $ 292.71 1,756.26 TYLER STOCK $ 166.41 998.44 TYLER 030560 14 $ - - NO BID 184 GS0110O 4 $ 274.00 1,096.00 Tyler 1-5 Days $ 338.81 1,355.24 TYLER STOCK $ 276.49 1,105.96 TYLER 029823 14 $ - - NO BID 185 GS0112O 4 $ 310.00 1,240.00 Tyler 1-5 Days $ 418.73 1,674.92 TYLER STOCK $ 314.95 1,259.79 TYLER 029977 14 $ - - NO BID 186 GS0116O 2 $ 672.84 1,345.68 Tyler 1-5 Days $ 976.38 1,952.76 TYLER STOCK $ 681.58 1,363.17 TYLER 032717 14 $ - - NO BID
Total 5,409.62 Total $ 7,647.64 Total $ 5,524.32 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
187 IE0404B 5 $ 90.89 454.45 Tyler 1-5 Days $ 119.61 $ 598.05 TYLER STOCK $ 90.67 $ 453.33 TYLER 031895 14 $ - $ - NO BID 188 IE0406B 4 $ 136.00 544.00 Tyler 1-5 Days $ 165.31 661.24 TYLER STOCK $ 125.61 502.44 TYLER 031901 14 $ - - NO BID 189 IE0408B 4 $ 194.21 776.84 Tyler 1-5 Days $ 220.71 882.84 TYLER STOCK $ 154.55 618.19 TYLER 031918 14 $ - - NO BID 190 IE0410B 2 $ 275.00 550.00 Tyler 1-5 Days $ 344.14 688.28 TYLER STOCK $ 268.76 537.51 TYLER 031833 14 $ - - NO BID 191 IE0412B 4 $ 330.31 1,321.24 Tyler 1-5 Days $ 414.02 1,656.08 TYLER STOCK $ 291.74 1,166.98 TYLER 031857 14 $ - - NO BID
Total $ 3,646.53 Total $ 4,486.49 Total $ 3,278.45 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
192 LB0104A 5 $ 59.34 $ 296.70 Tyler 1-5 Days $ 90.41 $ 452.05 TYLER STOCK $ 43.01 $ 215.05 TYLER 031208 14 $ - $ - NO BID 193 LB0106A 5 $ 84.00 420.00 Tyler 1-5 Days $ 119.79 598.95 TYLER STOCK $ 61.06 305.28 TYLER 030222 14 $ - - NO BID 194 LB0108A 5 $ 113.00 565.00 Tyler 1-5 Days $ 159.11 795.55 TYLER STOCK $ 79.76 398.82 TYLER 031246 14 $ - - NO BID 195 LB0110A 2 $ 187.00 374.00 Tyler 1-5 Days $ 217.21 434.42 TYLER STOCK $ 120.13 240.25 TYLER 031161 14 $ - - NO BID 196 LB0112A 2 $ 190.00 380.00 Tyler 1-5 Days $ 248.19 496.38 TYLER STOCK $ 129.39 258.78 TYLER 031178 14 $ - - NO BID 197 LB0116A 2 $ 435.00 870.00 Tyler 1-5 Days $ 686.02 1,372.04 TYLER STOCK $ 298.88 597.77 TYLER 033226 14 $ - - NO BID
Total $ 2,905.70 Total $ 4,149.39 Total $ 2,015.95 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
198 LC0104A 4 $ 122.00 488.00 Tyler 1-5 Days $ 175.03 $ 700.12 TYLER STOCK $ 132.95 $ 531.79 TYLER 031956 14 $ - $ - NO BID 199 LC0106A 4 $ 151.00 604.00 Tyler 1-5 Days $ 224.51 898.04 TYLER STOCK $ 158.09 632.38 TYLER 031963 14 $ - - NO BID 200 LC0108A 4 $ 224.00 896.00 Tyler 1-5 Days $ 321.21 1,284.84 TYLER STOCK $ 228.28 913.13 TYLER 031970 14 $ - - NO BID
Total $ 1,988.00 Total $ 2,883.00 Total $ 2,077.29 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
203 DA0036O 20 $ 1,134.10 22,682.00 Clow 1-5 Days $ 1,340.00 $ 26,800.00 AFC STOCK $ 1,282.36 $ 25,647.19 M&H 5.3129 14 $ 1,482.79 $ 29,655.80 EJCO 70503D204 DA0042O 20 $ 1,160.91 23,218.20 Clow 1-5 Days $ 1,372.00 27,440.00 AFC STOCK $ 1,312.64 26,252.81 M&H 5.36129 14 $ 1,517.36 30,347.20 EJCO 70539D205 DA0048O 18 $ 1,187.98 21,383.64 Clow 1-5 Days $ 1,405.00 25,290.00 AFC STOCK $ 1,342.92 24,172.59 M&H 5.4129 14 $ 1,551.92 27,934.56 EJCO 71522D206 DA0060O 10 $ 1,241.36 12,413.60 Clow 1-5 Days $ 1,470.00 14,700.00 AFC STOCK $ 1,403.48 14,034.84 M&H 5.5129 14 $ 1,621.96 16,219.60 EJCO 73521D
Total $ 79,697.44 Total $ 94,230.00 Total $ 90,107.44 Total $ 104,157.16
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
207 AA0102A 2792 $ 0.55 $ 1,535.60 JM Eagle 1-2 Weeks $ 0.46 $ 1,289.90 JM/NAPCO/VINYL STOCK $ 0.44 $ 1,214.52 NORTHERN 2SDR21GP 14 $ - - NO BID
Swivel Adapter Cast Fitting
Swivel Tee Cast Fitting
11 1/4 Degree Bend Cast Fitting
Solid Sleve Cast Fitting
Tapped Plug Cast Fitting
Tapped Tee Cast Fitting
Fire Hydrant
PVC Pipe
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 7 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
222 IC0504A 4 $ 79.00 316.00 FORD 1-2 Weeks $ 113.64 $ 454.56 FORD FC2W STOCK $ 112.46 $ 449.83 FORD FC2W4L12 14 $ 115.14 460.56 S-B 462 1-4 WKS223 IC0506A 4 $ 111.50 446.00 FORD 1-2 Weeks $ 138.03 552.12 FORD FC2W STOCK $ 136.59 546.38 FORD FC2W6L12 14 $ 146.08 584.32 S-B 462 1-4 WKS224 IC0508A 4 $ 130.00 520.00 FORD 1-2 Weeks $ 191.17 764.68 FORD FC2W STOCK $ 189.19 756.75 FORD FC24W8L12 14 $ 202.33 809.32 S-B 462 1-4 WKS
Total $ 1,282.00 Total $ 1,771.36 Total $ 1,752.96 Total $ 1,854.20
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
225 IC0510A 2 $ 125.00 250.00 FORD 1-2 Weeks $ 100.35 $ 200.70 FORD FC2A STOCK $ 99.31 $ 198.63 FORD FC2A11771212 14 $ 121.85 243.70 S-B 441 1-4 WKS226 IC0512A 4 $ 171.00 684.00 FORD 1-2 Weeks $ 119.56 478.24 FORD FC2A STOCK $ 118.32 473.29 FORD FC2A14041438 14 $ 146.73 586.92 S-B 441 1-4 WKS227 IC0516A 2 $ 375.00 750.00 FORD 1-2 Weeks $ 257.60 515.20 FORD FC2A STOCK $ 258.95 517.90 FORD FC2A17801780 14 $ 328.26 656.52 S-B 441 1-4 WKS228 IC0518A 2 $ 375.00 750.00 FORD 1-2 Weeks $ 355.46 710.92 FORD FC2A STOCK $ 352.85 705.71 FORD FC2A20002000 14 $ 343.20 686.40 S-B 441 1-4 WKS229 ID0410A 3 $ 124.00 372.00 FORD 1-2 Weeks $ 119.95 359.85 FORD FC1 STOCK $ 93.44 280.31 FORD FC111461146 14 $ 121.85 365.55 S-B 441 1-4 WKS230 ID0412A 2 $ 131.00 262.00 FORD 1-2 Weeks $ 144.44 288.88 FORD FC1 STOCK $ 105.11 210.23 FORD FC113561356 14 $ 146.73 293.46 S-B 441 1-4 WKS231 ID0416A 2 $ 375.00 750.00 FORD 1-2 Weeks $ 323.16 646.32 FORD FC1 STOCK $ 253.06 506.13 FORD FC2A17801780 14 $ 328.26 656.52 S-B 441 1-4 WKS
Total $ 3,818.00 Total $ 3,200.11 Total $ 2,892.19 Total $ 3,489.07
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
232 JA0604D 10 $ - - NO BID $ 35.89 $ 358.90 SMITH BLAIR 226 STOCK $ - $ - NO BID $ 36.46 $ 364.60 S-B 226 1-4 WKS233 JA0404D 30 $ - - NO BID $ 34.67 1,040.10 SMITH BLAIR 226 STOCK $ - - NO BID $ 35.22 1,056.60 S-B 226 1-4 WKS234 JA0404H 15 $ - - NO BID $ 58.54 878.10 SMITH BLAIR 226 STOCK $ - - NO BID $ 59.47 892.05 S-B 226 1-4 WKS235 JA0604H 12 $ - - NO BID $ 58.54 702.48 SMITH BLAIR 226 STOCK $ - - NO BID $ 59.47 713.64 S-B 226 1-4 WKS236 JA0404P 10 $ - - NO BID $ 95.29 952.90 SMITH BLAIR 226 STOCK $ - - NO BID $ 96.80 968.00 S-B 226 1-4 WKS237 JA0406D 20 $ - - NO BID $ 42.36 847.20 SMITH BLAIR 226 STOCK $ - - NO BID $ 43.03 860.60 S-B 226 1-4 WKS238 JA0406H 50 $ - - NO BID $ 67.75 3,387.50 SMITH BLAIR 226 STOCK $ - - NO BID $ 68.82 3,441.00 S-B 226 1-4 WKS239 JA0406P 10 $ - - NO BID $ 114.08 1,140.80 SMITH BLAIR 226 STOCK $ - - NO BID $ 115.88 1,158.80 S-B 226 1-4 WKS240 JA0408D 10 $ - - NO BID $ 50.67 506.70 SMITH BLAIR 226 STOCK $ - - NO BID $ 51.47 514.70 S-B 226 1-4 WKS241 JA0408I 25 $ - - NO BID $ 81.15 2,028.75 SMITH BLAIR 226 STOCK $ - - NO BID $ 82.43 2,060.75 S-B 226 1-4 WKS242 JA0408P 10 $ - - NO BID $ 133.95 1,339.50 SMITH BLAIR 226 STOCK $ - - NO BID $ 136.07 1,360.70 S-B 226 1-4 WKS243 JA1002H 10 $ - - NO BID $ 54.24 542.40 SMITH BLAIR 226 STOCK $ - - NO BID $ 55.11 551.10 S-B 226 1-4 WKS
Total $ - Total $ 13,725.33 Total $ - Total $ 13,942.54
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
244 JB0404D 10 $ - - NO BID $ 50.35 $ 503.50 SMITH BLAIR 227 STOCK $ - $ - NO BID $ 51.15 511.50 S-B 227 1-4 WKS245 JB1006I 10 $ - - NO BID $ 90.53 905.30 SMITH BLAIR 227 STOCK $ - - NO BID $ 91.97 919.70 S-B 227 1-4 WKS246 JB0408I 10 $ - - NO BID $ 97.38 973.80 SMITH BLAIR 227 STOCK $ - - NO BID $ 98.93 989.30 S-B 227 1-4 WKS247 JB1010H 5 $ - - NO BID $ 139.34 696.70 SMITH BLAIR 227 STOCK $ - - NO BID $ 141.55 707.75 S-B 227 1-4 WKS248 JB1012H 6 $ - - NO BID $ 167.90 1,007.40 SMITH BLAIR 227 STOCK $ - - NO BID $ 170.56 1,023.36 S-B 227 1-4 WKS249 JB0316F 6 $ - - NO BID $ 288.80 1,732.80 SMITH BLAIR 228 STOCK $ - - NO BID $ 189.37 1,136.22 S-B 227 1-4 WKS250 JB0212S 6 $ - - NO BID $ 309.89 1,859.34 SMITH BLAIR 227 STOCK $ - - NO BID $ 314.79 1,888.74 S-B 227 1-4 WKS251 JB0312P 6 $ - - NO BID $ 245.54 1,473.24 SMITH BLAIR 228 STOCK $ - - NO BID $ 249.42 1,496.52 S-B 227 1-4 WKS252 JB0313P 5 $ - - NO BID $ 369.78 1,848.90 SMITH BLAIR 228 STOCK $ - - NO BID $ 375.62 1,878.10 S-B 228 1-4 WKS253 JB0112N 5 $ - - NO BID $ 378.06 1,890.30 SMITH BLAIR 228 STOCK $ - - NO BID $ 384.03 1,920.15 S-B 228 1-4 WKS254 JB0118N 4 $ - - NO BID $ 420.02 1,680.08 SMITH BLAIR 228 STOCK $ - - NO BID $ 426.65 1,706.60 S-B X228 1-4 WKS255 JB0120N 4 $ - - NO BID $ 413.00 1,652.00 SMITH BLAIR 228 STOCK $ - - NO BID $ 419.53 1,678.12 S-B 228 1-4 WKS256 JB0220P 4 $ - - NO BID $ 449.02 1,796.08 SMITH BLAIR 228 STOCK $ - - NO BID $ 506.91 2,027.64 S-B 228 1-4 WKS
Total $ - Total $ 18,019.44 Total $ - Total $ 17,883.70
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
257 JC1002A 75 $ - - NO BID $ 4.96 $ 372.00 SMITH BLAIR 245 STOCK $ - $ - NO BID $ 4.86 $ 364.50 S-B 245 1-4 WKS258 JC1003A 4 $ - - NO BID $ 6.18 24.72 SMITH BLAIR 245 STOCK $ - - NO BID $ 6.12 24.48 S-B 245 1-4 WKS259 JC1095A 2 $ - - NO BID $ 3.51 7.02 SMITH BLAIR 245 STOCK $ - - NO BID $ 3.47 6.94 S-B 245 1-4 WKS260 JC1096A 10 $ - - NO BID $ 3.57 35.70 SMITH BLAIR 245 STOCK $ - - NO BID $ 3.54 35.40 S-B 245 1-4 WKS261 JC1097A 60 $ - - NO BID $ 3.90 234.00 SMITH BLAIR 245 STOCK $ - - NO BID $ 3.86 231.60 S-B 245 1-4 WKS262 JC1098A 10 $ - - NO BID $ 4.02 40.20 SMITH BLAIR 245 STOCK $ - - NO BID $ 3.98 39.80 S-B 245 1-4 WKS263 JC1099A 10 $ - - NO BID $ 4.30 43.00 SMITH BLAIR 245 STOCK $ - - NO BID $ 4.26 42.60 S-B 245 1-4 WKS264 JC1002B 10 $ - - NO BID $ 8.99 89.90 SMITH BLAIR 245 STOCK $ - - NO BID $ 9.14 91.40 S-B 245 1-4 WKS265 JC1098B 5 $ - - NO BID $ 7.48 37.40 SMITH BLAIR 245 STOCK $ - - NO BID $ 7.41 37.05 S-B 245 1-4 WKS266 JC1099B 5 $ - - NO BID $ 8.12 40.60 SMITH BLAIR 245 STOCK $ - - NO BID $ 8.04 40.20 S-B 245 1-4 WKS
Total $ - Total $ 924.54 Total $ - Total $ 913.97
Cast Coupling
Repair Clamp, Single Band
Repair Clamps, Double Band
Repair Patch Clamp
Cast Coupling
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 8 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
267 JE1002D 30 $ - - NO BID $ 26.64 799.20 SMITH BLAIR 226 STOCK $ - $ - NO BID $ 26.99 $ 809.70 S-B 226 1-4 WKS268 JH0404B 6 $ - - NO BID $ 53.04 318.24 SMITH BLAIR 238 STOCK $ - - NO BID $ 53.88 323.28 S-B 238 1-4 WKS269 JH0404H 6 $ - - NO BID $ 75.96 455.76 SMITH BLAIR 238 STOCK $ - - NO BID $ 77.17 463.02 S-B 238 1-4 WKS270 JH0406D 10 $ - - NO BID $ 59.50 595.00 SMITH BLAIR 238 STOCK $ - - NO BID $ 60.44 604.40 S-B 238 1-4 WKS271 JH0406H 10 $ - - NO BID $ 84.90 849.00 SMITH BLAIR 238 STOCK $ - - NO BID $ 86.24 862.40 S-B 238 1-4 WKS272 JH0408B 10 $ - - NO BID $ 67.82 678.20 SMITH BLAIR 238 STOCK $ - - NO BID $ 68.89 688.90 S-B 238 1-4 WKS273 JH0408I 6 $ - - NO BID $ 98.30 589.80 SMITH BLAIR 238 STOCK $ - - NO BID $ 99.85 599.10 S-B 238 1-4 WKS274 JH0410I 6 $ - - NO BID $ 172.23 1,033.38 SMITH BLAIR 239 STOCK $ - - NO BID $ 174.96 1,049.76 S-B 239 1-4 WKS275 JH0412I 5 $ - - NO BID $ 170.89 854.45 SMITH BLAIR 239 STOCK $ - - NO BID $ 173.59 867.95 S-B 239 1-4 WKS
Total $ - Total $ 6,173.03 Total $ - Total $ 6,268.51
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
276 UD1001C 24 $ - - NO BID $ 8.02 192.48 SMITH BLAIR 525 STOCK $ 2.69 $ 64.45 JONES STEV C11050 14 $ 7.94 $ 190.56 S-B 525 1-4 WKS277 UD1002C 10 $ - - NO BID $ 9.32 93.20 SMITH BLAIR 525 STOCK $ 3.45 34.48 JONES STEV C11075 14 $ 9.23 92.30 S-B 525 1-4 WKS278 UD1003C 50 $ - - NO BID $ 10.53 526.50 SMITH BLAIR 525 STOCK $ 4.56 228.21 JONES STEV C11100 14 $ 10.42 521.00 S-B 525 1-4 WKS279 UD1004C 10 $ - - NO BID $ 13.71 137.10 SMITH BLAIR 525 STOCK $ 5.67 56.69 JONES STEV C11125 14 $ 13.57 135.70 S-B 525 1-4 WKS280 UD1005C 10 $ - - NO BID $ 15.33 153.30 SMITH BLAIR 525 STOCK $ 7.19 71.88 JONES STEV C11150 14 $ 15.34 153.40 S-B 525 1-4 WKS281 UD1006D 10 $ - - NO BID $ 24.95 249.50 SMITH BLAIR 411 STOCK $ 35.33 353.33 FORD FC32385 14 $ 25.35 253.50 S-B 411 1-4 WKS282 UD1007E 10 $ - - NO BID $ 38.55 385.50 SMITH BLAIR 411 STOCK $ 48.14 481.35 FORD FC32885 14 $ 39.17 391.70 S-B 411 1-4 WKS283 UD1008E 10 $ - - NO BID $ 40.38 403.80 SMITH BLAIR 411 STOCK $ 52.68 526.77 FORD FC33505 14 $ 41.02 410.20 S-B 411 1-4 WKS
Total $ - Total $ 2,141.38 Total $ 1,817.17 Total $ 2,148.36
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
284 EA0106B 30 $ 72.86 2,185.80 FORD 1-2 Weeks $ 73.23 2,196.90 FORD 202B STOCK $ 73.61 2,208.44 FORD 202B750CC4 14 $ 129.60 $ 3,888.00 Romac 202B 1-4 WKS 285 EA0108B 30 $ 90.17 2,705.10 FORD 1-2 Weeks $ 90.63 2,718.90 FORD 202B STOCK $ 91.10 2,733.13 FORD 202B962CC4 14 $ 148.35 4,450.50 Romac 202B 1-4 WKS 286 EA0202B 20 $ 14.29 285.80 FORD 1-2 Weeks $ 14.34 286.80 FORD S90 STOCK $ 14.42 288.33 FORD S70204 14 $ - - NO BID 287 EA0204B 20 $ 22.15 443.00 FORD 1-2 Weeks $ 22.26 445.20 FORD S70 STOCK $ 22.39 447.71 FORD S70404 14 $ 62.29 1,245.80 Romac 101B 1-4 WKS 288 EA0206B 20 $ 33.06 661.20 FORD 1-2 Weeks $ 33.23 664.60 FORD S90 STOCK $ 33.41 668.13 FORD S90604 14 $ 74.24 1,484.80 Romac 101B 1-4 WKS 289 EA0208B 20 $ 47.00 940.00 FORD 1-2 Weeks $ 46.51 930.20 FORD S90 STOCK $ 46.76 935.21 FORD S90804 14 $ 77.93 1,558.60 Romac 101B 1-4 WKS 290 EA0212B 10 $ 134.50 1,345.00 FORD 1-2 Weeks $ 135.41 1,354.10 FORD S90 STOCK $ 136.13 1,361.25 FORD S901204 14 $ 108.56 1,085.60 Romac 101B 1-4 WKS 291 EA0310B 5 $ 112.00 560.00 FORD 1-2 Weeks $ 112.27 561.35 FORD 202B STOCK $ 126.35 631.77 FORD S901004 14 $ 173.69 868.45 Romac 202B 1-4 WKS 292 EA0312B 10 $ 133.50 1,335.00 FORD 1-2 Weeks $ 131.39 1,313.90 FORD 202B STOCK $ 132.08 1,320.83 FORD 202B1438CC4 14 $ 182.95 1,829.50 Romac 202B 1-4 WKS 293 EA0314B 4 $ 270.00 1,080.00 FORD 1-2 Weeks $ 266.11 1,064.44 FORD 202B STOCK $ 267.50 1,070.00 FORD 202B1625CC4 14 $ 201.25 805.00 Romac 202B 1-4 WKS 294 EA0316B 2 $ 302.00 604.00 FORD 1-2 Weeks $ 321.78 643.56 FORD 202B STOCK $ 360.80 721.60 FORD 202BS1725CC4 14 $ 216.26 432.52 Romac 202B 1-4 WKS 295 EA0702A 6 $ 14.29 85.74 FORD 1-2 Weeks $ 14.34 86.04 FORD S90 STOCK $ 15.29 91.75 FORD S90203 14 $ - - NO BID 296 ED0108B 6 $ 103.34 620.04 FORD 1-2 Weeks $ 103.87 623.22 FORD 202B STOCK $ 104.42 626.50 FORD 202B962IP7 14 $ 150.56 903.36 Romac 202B 1-4 WKS 297 ED0204B 6 $ 60.54 363.24 FORD 1-2 Weeks $ 60.86 365.16 FORD S90 STOCK $ 61.18 367.06 FORD S91407 14 $ 129.14 774.84 Romac 202B 1-4 WKS 298 ED0206B 10 $ 63.00 630.00 FORD 1-2 Weeks $ 62.70 627.00 FORD S90 STOCK $ 63.03 630.31 FORD S91607 14 $ 131.80 1,318.00 Romac 202B 1-4 WKS 299 ED0208B 4 $ 72.00 288.00 FORD 1-2 Weeks $ 71.59 286.36 FORD S90 STOCK $ 71.97 287.88 FORD S91807 14 $ 150.56 602.24 Romac 202B 1-4 WKS 300 ED0212B 10 $ 135.00 1,350.00 FORD 1-2 Weeks $ 135.41 1,354.10 FORD S90 STOCK $ 136.13 1,361.25 FORD S911207 14 $ 194.74 1,947.40 Romac 202B 1-4 WKS 301 ED0306B 10 $ 91.50 915.00 FORD 1-2 Weeks $ 92.00 920.00 FORD 202B STOCK $ 92.48 924.79 FORD 202B750IP7 14 $ 131.80 1,318.00 Romac 202B 1-4 WKS 302 ED0310B 2 $ 132.00 264.00 FORD 1-2 Weeks $ 132.43 264.86 FORD 202B STOCK $ 133.13 266.25 FORD 202B1212IP7 14 $ 175.92 351.84 Romac 202B 1-4 WKS 303 ED0312B 2 $ 150.00 300.00 FORD 1-2 Weeks $ 150.88 301.76 FORD 202B STOCK $ 151.67 303.33 FORD 202B1438IP7 14 $ 194.74 389.48 Romac 202B 1-4 WKS 304 ED0316B 2 $ 375.00 750.00 FORD 1-2 Weeks $ 377.30 754.60 FORD 202B STOCK $ 379.27 758.54 FORD 202B1840IP7 14 $ - - NO BID
Total $ 17,710.92 Total $ 17,763.05 Total $ 18,004.06 Total $ 25,253.93
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
305 FE0104C 6 $ 320.60 1,923.60 FORD 1-2 Weeks $ 322.84 1,937.04 FORD FAST STOCK $ 324.50 1,947.00 FORD FAST5104FG 14 $ 346.64 $ 2,079.84 S-B 663 1-4 WKS306 FE0106C 6 $ 335.00 2,010.00 FORD 1-2 Weeks $ 336.29 2,017.74 FORD FAST STOCK $ 338.04 2,028.25 FORD FAST7304FG 14 $ 361.26 2,167.56 S-B 663 1-4 WKS307 FE0106D 6 $ 381.00 2,286.00 FORD 1-2 Weeks $ 377.61 2,265.66 FORD FAST STOCK $ 384.84 2,309.06 FORD FAST7306FG 14 $ 411.99 2,471.94 S-B 663 1-4 WKS308 FE0108C 6 $ 375.00 2,250.00 FORD 1-2 Weeks $ 368.24 2,209.44 ROMAC SST STOCK $ 378.63 2,271.75 FORD FAST9454FG 14 $ 374.05 2,244.30 S-B 663 1-4 WKS309 FE0108D 6 $ 417.00 2,502.00 FORD 1-2 Weeks $ 409.54 2,457.24 ROMAC SST STOCK $ 420.83 2,525.00 FORD FAST9456FG 14 $ 416.01 2,496.06 S-B 663 1-4 WKS310 FE0108E 6 $ 517.00 3,102.00 FORD 1-2 Weeks $ 508.82 3,052.92 ROMAC SST STOCK $ 522.28 3,133.69 FORD FAST9458FG 14 $ 516.85 3,101.10 S-B 663 1-4 WKS311 FE0110C 4 $ 408.00 1,632.00 FORD 1-2 Weeks $ 399.89 1,599.56 ROMAC SST STOCK $ 410.84 1,643.38 FORD FAST11454FG 14 $ 406.21 1,624.84 S-B 663 1-4 WKS312 FE0110D 4 $ 442.00 1,768.00 FORD 1-2 Weeks $ 434.34 1,737.36 ROMAC SST STOCK $ 446.08 1,784.33 FORD FAST11456FG 14 $ 441.20 1,764.80 S-B 663 1-4 WKS313 FE0110E 4 $ 574.00 2,296.00 FORD 1-2 Weeks $ 540.11 2,160.44 POWERSEAL 3490 STOCK $ 564.90 2,259.58 FORD FAST11458FG 14 $ 559.43 2,237.72 S-B 663 1-4 WKS314 FE0110F 2 $ 861.00 1,722.00 FORD 1-2 Weeks $ 715.57 1,431.14 POWERSEAL 3490 STOCK $ 869.50 1,739.00 FORD FAST114510FG 14 $ 927.02 1,854.04 S-B 663 1-4 WKS315 FE0112C 2 $ 444.00 888.00 FORD 1-2 Weeks $ 421.54 843.08 POWERSEAL 3490 STOCK $ 448.48 896.96 FORD FAST13504FG 14 $ 480.61 961.22 S-B 663 1-4 WKS316 FE0112D 4 $ 489.00 1,956.00 FORD 1-2 Weeks $ 466.21 1,864.84 POWERSEAL 3490 STOCK $ 493.24 1,972.96 FORD FAST13506FG 14 $ 528.78 2,115.12 S-B 663 1-4 WKS317 FE0112E 4 $ 590.00 2,360.00 FORD 1-2 Weeks $ 573.71 2,294.84 POWERSEAL 3490 STOCK $ 595.94 2,383.75 FORD FAST13508FG 14 $ 639.35 2,557.40 S-B 663 1-4 WKS318 FE0112G 2 $ 1,083.00 2,166.00 FORD 1-2 Weeks $ 734.73 1,469.46 POWERSEAL 3490 STOCK $ 1,094.75 2,189.50 FORD FAST135012G 14 $ 1,199.61 2,399.22 S-B 663 1-4 WKS
Service Saddles
Stanless Steel Tapping Sleves
Full Circle
Compression Coupling
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 9 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
319 FE0118E 1 $ 937.00 937.00 FORD 1-2 Weeks $ 814.90 814.90 POWERSEAL 3490 STOCK $ 946.20 946.20 FORD FAST19928FG 14 $ 1,021.13 1,021.13 S-B 663 1-4 WKS320 FE0204C 4 $ 322.00 1,288.00 FORD 1-2 Weeks $ 322.84 1,291.36 FORD FAST STOCK $ 324.53 1,298.13 FORD FAST5304FG 14 $ 346.64 1,386.56 S-B 663 1-4 WKS321 FE0206C 6 $ 337.00 2,022.00 FORD 1-2 Weeks $ 336.29 2,017.74 FORD FAST STOCK $ 338.04 2,028.25 FORD FAST7504FG 14 $ 361.26 2,167.56 S-B 663 1-4 WKS322 FE0206D 4 $ 377.00 1,508.00 FORD 1-2 Weeks $ 377.61 1,510.44 FORD FAST STOCK $ 379.57 1,518.29 FORD FAST7506FG 14 $ 411.99 1,647.96 S-B 663 1-4 WKS323 FE0208C 4 $ 377.00 1,508.00 FORD 1-2 Weeks $ 368.24 1,472.96 ROMAC SST STOCK $ 378.53 1,514.13 FORD FAST9704FG 14 $ 374.05 1,496.20 S-B 663 1-4 WKS324 FE0208D 6 $ 417.00 2,502.00 FORD 1-2 Weeks $ 409.54 2,457.24 ROMAC SST STOCK $ 420.88 2,525.25 FORD FAST9706FG 14 $ 416.01 2,496.06 S-B 663 1-4 WKS325 FE0208E 4 $ 517.00 2,068.00 FORD 1-2 Weeks $ 508.82 2,035.28 ROMAC SST STOCK $ 522.28 2,089.13 FORD FAST9708FG 14 $ 516.85 2,067.40 S-B 663 1-4 WKS326 FE0210C 2 $ 407.00 814.00 FORD 1-2 Weeks $ 399.89 799.78 ROMAC SST STOCK $ 410.84 821.69 FORD FAST12154FG 14 $ 406.21 812.42 S-B 663 1-4 WKS327 FE0210D 2 $ 442.00 884.00 FORD 1-2 Weeks $ 434.34 868.68 ROMAC SST STOCK $ 446.08 892.17 FORD FAST12156FG 14 $ 441.20 882.40 S-B 663 1-4 WKS328 FE0210E 2 $ 560.00 1,120.00 FORD 1-2 Weeks $ 540.11 1,080.22 POWERSEAL 3490 STOCK $ 579.20 1,158.40 FORD FAST12158FG 14 $ 559.43 1,118.86 S-B 663 1-4 WKS329 FE0210F 2 $ 850.00 1,700.00 FORD 1-2 Weeks $ 715.57 1,431.14 POWERSEAL 3490 STOCK $ 846.00 1,692.00 FORD FAST121510G 14 $ 927.02 1,854.04 S-B 663 1-4 WKS330 FE0212C 2 $ 444.00 888.00 FORD 1-2 Weeks $ 421.54 843.08 POWERSEAL 3490 STOCK $ 448.48 896.96 FORD FAST14404FG 14 $ 480.61 961.22 S-B 663 1-4 WKS331 FE0212D 4 $ 482.00 1,928.00 FORD 1-2 Weeks $ 466.21 1,864.84 POWERSEAL 3490 STOCK $ 486.47 1,945.88 FORD FAST14406FG 14 $ 528.78 2,115.12 S-B 663 1-4 WKS332 FE0212E 2 $ 590.00 1,180.00 FORD 1-2 Weeks $ 573.71 1,147.42 POWERSEAL 3490 STOCK $ 595.94 1,191.88 FORD FAST14408FG 14 $ 639.35 1,278.70 S-B 663 1-4 WKS333 FE0212G 2 $ 1,083.00 2,166.00 FORD 1-2 Weeks $ 734.73 1,469.46 POWERSEAL 3490 STOCK $ 1,094.75 2,189.50 FORD FAST144012G 14 $ 1,199.61 2,399.22 S-B 663 1-4 WKS
Total $ 51,374.60 Total $ 48,445.30 Total $ 51,792.03 Total $ 53,780.01
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
334 BB0104A 10 $ 347.04 $ 3,470.40 Clow/M&H 1-5 Days $ 310.78 $ 3,107.80 AFC DARLING STOCK $ 392.92 $ 3,929.17 M&H 4406701 14 $ 386.09 $ 3,860.90 EJCO 22020 1-4 WKS 335 BB0106A 10 $ 443.89 4,438.90 Clow/M&H 1-5 Days $ 396.84 3,968.40 AFC DARLING STOCK $ 498.59 4,985.94 M&H 6406701 14 $ 482.90 4,829.00 EJCO 22030 1-4 WKS 336 BB0108A 15 $ 688.22 10,323.30 Clow/M&H 1-5 Days $ 631.65 9,474.75 AFC DARLING STOCK $ 762.00 11,430.00 M&H 8406701 14 $ 765.53 11,482.95 EJCO 22040 1-4 WKS 337 BB0110A 4 $ 1,088.91 4,355.64 Clow/M&H 1-5 Days $ 984.93 3,939.72 AFC DARLING STOCK $ 1,202.83 4,811.33 M&H 10406701 14 $ 1,219.09 4,876.36 EJCO 22050 1-4 WKS 338 BB0112A 4 $ 1,345.46 5,381.84 Clow/M&H 1-5 Days $ 1,246.31 4,985.24 AFC DARLING STOCK $ 1,489.17 5,956.67 M&H 12406701 14 $ 1,511.60 6,046.40 EJCO 22060 1-4 WKS 339 BB0116A 4 $ 4,281.69 17,126.76 Clow/M&H 1-5 Days $ 4,166.00 16,664.00 AFC DARLING STOCK $ 4,752.40 19,009.58 M&H 16406701 14 $ 4,880.44 19,521.76 EJCO 22070 1-4 WKS 340 BB0204A 6 $ 307.90 1,847.40 Clow/M&H 1-5 Days $ 296.96 1,781.76 AFC DARLING STOCK $ 351.38 2,108.30 M&H 4406713 14 $ 352.75 2,116.50 EJCO 28020 1-4 WKS 341 BB0204B 15 $ 292.99 4,394.85 Clow/M&H 1-5 Days $ 308.12 4,621.80 AFC DARLING STOCK $ 336.85 5,052.75 M&H 4406702 14 $ 338.59 5,078.85 EJCO 23020 1-4 WKS 342 BB0206A 15 $ 410.49 6,157.35 Clow/M&H 1-5 Days $ 396.84 5,952.60 AFC DARLING STOCK $ 466.99 7,004.92 M&H 6406713 14 $ 468.43 7,026.45 EJCO 28030 1-4 WKS 343 BB0206B 10 $ 377.10 3,771.00 Clow/M&H 1-5 Days $ 411.71 4,117.10 AFC DARLING STOCK $ 451.43 4,514.26 M&H 6406702 14 $ 447.34 4,473.40 EJCO 23030 1-4 WKS 344 BB0208A 15 $ 633.06 9,495.90 Clow/M&H 1-5 Days $ 619.96 9,299.40 AFC DARLING STOCK $ 711.57 10,673.58 M&H 8406713 14 $ 724.84 10,872.60 EJCO 28040 1-4 WKS 345 BB0208B 10 $ 612.00 6,120.00 Clow/M&H 1-5 Days $ 643.87 6,438.70 AFC DARLING STOCK $ 699.11 6,991.13 M&H 8406702 14 $ 695.70 6,957.00 EJCO 23040 1-4 WKS 346 BB0210A 2 $ 1,012.73 2,025.46 Clow/M&H 1-5 Days $ 984.93 1,969.86 AFC DARLING STOCK $ 1,139.57 2,279.13 M&H 10406713 14 $ 1,163.79 2,327.58 EJCO 28050 1-4 WKS 347 BB0212A 6 $ 1,130.79 6,784.74 Clow/M&H 1-5 Days $ 1,189.46 7,136.76 AFC DARLING STOCK $ 1,361.79 8,170.76 M&H 12406713 14 $ 1,372.02 8,232.12 EJCO 28060 1-4 WKS 348 BB0212B 2 $ 1,174.24 2,348.48 Clow/M&H 1-5 Days $ 1,235.15 2,470.30 AFC DARLING STOCK $ 1,343.26 2,686.53 M&H 12406702 14 $ 1,386.59 2,773.18 EJCO 23060 1-4 WKS 349 BB0216B 2 $ 3,972.54 7,945.08 Clow/M&H 1-5 Days $ 4,177.75 8,355.50 AFC DARLING STOCK $ 4,493.81 8,987.62 M&H 16406702 14 $ 4,611.05 9,222.10 EJCO 23070 1-4 WKS
Total $ 95,987.10 Total $ 94,283.69 Total $ 108,591.68 Total $ 109,697.15
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
364 GL1704O 10 $ 28.77 $ 287.70 EBAA 1-5 Days $ 27.11 $ 271.10 FORD UNIFLANGE STOCK $ 31.93 $ 319.27 FORD UFR1500ZA4U 14 $ - $ - NO BID 365 GL1706O 6 $ 36.38 218.28 EBAA 1-5 Days $ 34.00 204.00 FORD UNIFLANGE STOCK $ 39.34 236.06 FORD UFR1500ZA6U 14 $ - - NO BID 366 GL1708O 10 $ 41.68 416.80 EBAA 1-5 Days $ 46.35 463.50 FORD UNIFLANGE STOCK $ 46.59 465.94 FORD UFR1500ZA8U 14 $ - - NO BID 367 GL1710O 10 $ 85.00 850.00 EBAA 1-5 Days $ 79.56 795.60 FORD UNIFLANGE STOCK $ 79.98 799.79 FORD UFR1500ZA10U 14 $ - - NO BID 368 GL1712O 10 $ 89.20 892.00 EBAA 1-5 Days $ 84.33 843.30 FORD UNIFLANGE STOCK $ 84.77 847.71 FORD UFR1500ZA12U 14 $ - - NO BID 369 GL1714O 10 $ 135.59 1,355.90 EBAA 1-5 Days $ 125.06 1,250.60 FORD UNIFLANGE STOCK $ 126.36 1,263.65 FORD UFR1500CA14U 14 $ - - NO BID 370 GL1716O 10 $ 177.00 1,770.00 EBAA 1-5 Days $ 162.75 1,627.50 FORD UNIFLANGE STOCK $ 164.45 1,644.48 FORD UFR1500CA16U 14 $ - - NO BID 371 GL1718O 10 $ 215.13 2,151.30 EBAA 1-5 Days $ 196.95 1,969.50 FORD UNIFLANGE STOCK $ 199.01 1,990.10 FORD UFR1500CA18U 14 $ - - NO BID 372 GL1720O 10 $ 263.17 2,631.70 EBAA 1-5 Days $ 241.18 2,411.80 FORD UNIFLANGE STOCK $ 243.70 2,436.98 FORD UFR1500CA20U 14 $ - - NO BID 373 GL1724O 10 $ 305.00 3,050.00 EBAA 1-5 Days $ 345.04 3,450.40 FORD UNIFLANGE STOCK $ 348.64 3,486.35 FORD UFR1500CA24U 14 $ - - NO BID 374 GL1730O 4 $ 807.00 3,228.00 EBAA 1-5 Days $ 739.93 2,959.72 FORD UNIFLANGE STOCK $ 747.65 2,990.58 FORD UFR1500CA30U 14 $ - - NO BID 375 GL1736O 10 $ 985.00 9,850.00 EBAA 1-5 Days $ 889.72 8,897.20 FORD UNIFLANGE STOCK $ 898.99 8,989.90 FORD UFR1500CA36U 14 $ - - NO BID 376 GL1742O 10 $ 2,575.00 25,750.00 EBAA 1-5 Days $ - - NO BID NO BID $ 2,409.24 24,092.39 EBBA 2242000 14 $ - - NO BID 377 GL1748O 10 $ 3,799.00 37,990.00 EBAA 1-5 Days $ - - NO BID NO BID $ 3,562.74 35,627.39 EBBA 2248000 14 $ - - NO BID
Total $ 90,441.68 Total $ 25,144.22 Total $ 85,190.59 Total $ -
Est. 6 Month Usage
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost Mfg. Mfg. Catalog #Calendar Days for Delivery
Cost Per Unit
Extended Cost
Mfg. Mfg. Catalog #Calendar Days for Delivery
378 GL1804O 4 $ 55.00 $ 220.00 EBAA 1-5 Days $ 66.19 $ 264.76 EBAA 2100 STOCK $ 60.69 $ 242.76 EBBA 2104 14 $ - $ - NO BID 379 GL1806O 6 $ 96.00 576.00 EBAA 1-5 Days $ 97.21 583.26 EBAA 2100 STOCK $ 32.17 193.01 EBBA 2106 14 $ - - NO BID 380 GL1808O 8 $ 152.00 1,216.00 EBAA 1-5 Days $ 153.64 1,229.12 EBAA 2100 STOCK $ 140.83 1,126.65 EBBA 2108 14 $ - - NO BID 381 GL1810O 4 $ 216.00 864.00 EBAA 1-5 Days $ 217.90 871.60 EBAA 2100 STOCK $ 200.02 800.07 EBBA 2110 14 $ - - NO BID 382 GL1812O 8 $ 277.00 2,216.00 EBAA 1-5 Days $ 279.37 2,234.96 EBAA 2100 STOCK $ 256.06 2,048.46 EBBA 2112 14 $ - - NO BID 383 GL1814O 4 $ 472.00 1,888.00 EBAA 1-5 Days $ 474.92 1,899.68 EBAA 2100 STOCK $ 435.32 1,741.27 EBBA 2114 14 $ - - NO BID 384 GL1816O 4 $ 694.00 2,776.00 EBAA 1-5 Days $ 698.41 2,793.64 EBAA 2100 STOCK $ 640.16 2,560.65 EBBA 2116 14 $ - - NO BID
385 GL1818O 4 $ 777.00 3,108.00 EBAA 1-5 Days $ 782.21 3,128.84 EBAA 2100 STOCK $ 716.98 2,867.93 EBBA 2118 14 $ - - NO BID
386 GL1820O 4 $ 858.00 3,432.00 EBAA 1-5 Days $ 863.24 3,452.96 EBAA 2100 STOCK $ 791.24 3,164.96 EBBA 2120 14 $ - - NO BID
387 GL1824O 4 $ 1,046.00 4,184.00 EBAA 1-5 Days $ 1,052.63 4,210.52 EBAA 2100 STOCK $ 964.86 3,859.44 EBBA 2124 14 $ - - NO BID
388 GL1830O 4 $ 1,362.00 5,448.00 EBAA 1-5 Days $ 1,385.74 5,542.96 EBAA 2100 STOCK $ 1,255.13 5,020.52 EBBA 2130 14 $ - - NO BID
389 GL1836O 4 $ 2,080.00 8,320.00 EBAA 1-5 Days $ 2,095.22 8,380.88 EBAA 2100 STOCK $ 1,920.51 7,682.03 EBBA 2136 14 $ - - NO BID
Total $ 34,248.00 Total $ 34,593.18 Total $ 31,307.75 Total $ -
Megalug-Mechanical Joint Restraint-2100 Series
Megalug-Mechanical Joint Restraint-1100 Series
Resilent Seated Gate Valve
Y:\13-RFX\Water Utilities\WU1113 Parts and Supplies-dl\Bid Tab WU1113 Final 10 of 10
CITY OF SAN ANGELO
RFB No. WU-11-13 Water Distribution Parts & Supplies
BID TABULATION
Bid Deadline: May 14, 2013, 2:00 pm
Descriptions List by Manufacturer
BENMARK SUPPLY HD SUPPLY & WATERWORKS MORRISON SUPPLY WESTERN INDUSTRIAL SUPPLY List by Manufacturer List by Manufacturer List by Manufacturer
Total Bid $ 587,031.67 Total Bid $ 638,322.32 Total Bid $639,230.89 Total Bid $439,979.20
Piggy Back Option Yes Piggy Back Option YES Piggy Back Option Piggy Back OptionPayment Terms Net 30 Payment Terms Net 30 Payment Terms 2% 10 Net 30 Payment Terms Net 30
Accept P-Card No Accept P-Card YES Accept P-Card YES Accept P-Card YESP-Card Payment Discount P-Card Payment Discount No P-Card Payment Discount NO P-Card Payment Discount NO
Delivery time Delivery time Delivery time Delivery time
HD Supply - Pflugerville, TXHD Supply - Waco, TX
Morrison Supply, San Angelo TXMunicipal Water Works - Royce City, TXPlastic Wholesale - Abilene, TXWestern Indust. Supply - Odessa, TX
See Bid
Bid Invitation Mailed To: BenMark Supply - Midland, TXBig Country Water Works - Brownwood, TXDW Utility Supply, Waxahachie, TXHD Supply - San Angelo, TX
Stock to 4 weeks 14 Calendar days 5 - 30 Calendar Days
City of San Angelo Engineering
Services Division
Memo Date: May 24, 2013
To: Mayor and Councilmembers
From: Tim Wolff, Interim City Engineer
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Tim Wolff, Engineering Services Division, 657-4202
Caption: CONSENT Item
Consideration of awarding bid ES-02-13 for the 2013 Mill & Overlay Project to Reece Albert, Inc. (San Angelo, TX) in the amount of $1,319,556.23, and authorizing the City Manager or his designee to execute any necessary related documents.
Summary: The 2013 Mill & Overlay Project has been advertised for bid, and bids were received. The lowest bid was higher than the estimated cost of construction, and additional funds were approved by Council. This Agenda Item is to award the project as bid.
History: The 2013 Mill & Overlay Project is a much needed street improvement project that includes the removal of existing asphalt, rehabilitation (if necessary) of base, and laying of new hotmix asphalt. This project is expected to increase the life span of the streets by approximately 10 years. Several street sections are included in this project:
• N Main Street from E Houston Harte Expressway to E 18th Street;
• E 14th Street from Main Street to N Chadbourne Street;
• W 19th Street from N Bryant Blvd west to the railroad crossing; and
• N Oakes Street from 11th Street to 14th Street.
At the City Council meeting on November 1, 2011, City Council approved funding for this project at $1 million for design and construction. Because bids came in higher than expected, City Council approved additional funds for this project during the May 14, 2013 general meeting.
Financial Impact: $1,319,556.23 from the Capital Projects Fund.
Related Vision Item
(if applicable):
Transportation Vision – Improve maintenance of streets, alleys, etc. (This is a maintenance project for four street sections to increase the effective life of those streets.)
Other Information/ Recommendation:
Staff recommends award of the bid as presented.
Attachments: 1. Contract for construction services between Reece Albert, Inc. and the City of San Angelo in the amount of $1,319,556.23.
2. Bid tabulation and Reece Albert, Inc. bid.
Presentation: n/a
Publication:
Reviewed by Director:
AJ Fawver, Interim Director of Development Services, 05-22-13
Approved by Legal: May 24, 2013
1
AGREEMENT FOR 2013 MILL AND OVERLAY PROJECT CONSTRUCTION PROJECT RFB No. ES-02-13
This Agreement is entered into this ___ day of ____________, 2013 by and between City
of San Angelo, a home-rule municipal corporation of the State of Texas (“City”) and Reece
Albert, Inc., a Texas corporation (“Contractor”).
RECITALS:
A. City has issued Request for Bid No. ES-02-13, Engineering Services, 2013 Mill
and Overlay Project (“RFB No. ES-02-13”) for the mill and overlay of certain existing paved
public roadways within the City of San Angelo as specified in the Contract Documents
(“Work”); and Contractor’s bid, in response thereto, has been selected as the most qualified
proposal for the provision of Work.
B. The Council of the City of San Angelo approved the selection of Contractor on
________________, 2013, and authorized the City Manager to negotiate and execute an
agreement, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, City and Contractor agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. STATEMENT OF WORK:
A. Contractor shall be responsible for completing Work described in (“RFB No. ES-
02-13”) for the mill and overlay of certain existing paved public roadways within the City of San
Angelo, as specified in the Contract Documents.
B. Contractor shall provide all labor for preparing the worksite and furnish all
material, accessories, labor, and equipment necessary for completing the construction,
replacement and installation; and, all other Work specified in the technical specification
documents and drawings included with the Contract Documents incorporated herein by reference
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in Section 6. of this Agreement and in accordance with the terms and conditions set forth herein
and within those Contract Documents.
3. TIME OF PERFORMANCE: Contractor agrees to substantially complete Work within
ninety (90) consecutive calendar days (“Contract Time”) after the date Work commences as
established by the Notice to Proceed. Contractor further agrees that approval for beginning Work
on the project will not be given and that Work will not start until all required bonds and
insurance certificates specified in the bid documents have been received and approved by City.
4. LIQUIDATED DAMAGES: City and Contractor recognize that the time of
performance is of the essence in this Agreement and that City will suffer financial loss if Work is
not substantially complete within the time specified in Section 2. above, plus any extensions
thereof allowed. Both parties hereto also recognize the delays, expense, and difficulties involved
in proving in a legal proceeding the actual loss suffered by City if Work is not substantially
complete on time. Accordingly, instead of requiring such proof, City and Contractor agree that a
reasonable estimate of liquidated damages for any delay (but not as a penalty) would be for
Contractor to pay City One Hundred Dollars ($100.00) for each calendar day that expires after
the time specified in Section 2. until Work is substantially complete. Therefore, Contractor shall
pay as liquidated damages One Hundred Dollars ($100.00) for each calendar day that expires
after the time specified in Section 2. until Work is substantially complete.
5. CONTRACT PRICE: City shall pay to Contractor for performance of Work embraced
in this Agreement, and Contractor shall accept as full compensation therefore, the Bid Price of
One Million Three Hundred Nineteen Thousand Five Hundred Fifty-Six and 23/100 Dollars
($1,319,556.23) subject to adjustment only as provided by approved change order, for all Work
covered by and included in the contract award; payment thereof to be made in current funds in
the manner provided in Section 6. Payment Procedure.
6. PAYMENT PROCEDURE: Contractor shall submit Applications for Payment in
accordance with the General Conditions as shown in RFB No. ES-02-13 and City shall process
the Applications for Payment in accordance with the General Conditions, except that progress
payments and the final payment under this Agreement shall be made as set forth below:
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A. Progress Payments. City shall make progress payments of the Contract Price on
the basis of Contractor’s Application for Payment on or about the thirtieth (30th) day after
submittal of the Application for Payment each month as provided below. All progress payments
shall be based upon the progress of Work measured as provided for in the General Conditions.
1) Contractor shall subdivide Work into component parts in sufficient detail to serve as
the basis for progress payments during construction. Partial payment retainage shall not
exceed Five Percent (5%) of the total bid price. Upon approval of the value by City, it
shall be incorporated into the form of a Partial Payment Estimate furnished by
Contractor.
2) If payment is requested by Contractor on the basis of materials on hand, not in place,
but delivered and suitably stored at the site or at another location agreed to in writing, the
Partial Payment Estimate shall also be accompanied by such supporting data, satisfactory
to City, as well establish its interest therein, including applicable insurance. Payment for
material on hand but not installed will not constitute acceptance of material as inspected
and approved for installation.
3) Upon substantial completion as described in the General Conditions, City shall pay an
amount sufficient to increase total payments to Contractor to Ninety Five Percent (95%)
of the Contract Price, less such amounts, if any, City determines should be deducted in
accordance with the General Conditions.”
B. Final Payment. Upon completion and acceptance of Work by City in accordance
with the General Conditions, City shall pay the remainder of the Contract Price.
7. CONTRACT DOCUMENTS: The following documents from City are incorporated
herein by reference for all purposes, as if fully set out verbatim:
• Request for Bid No. ES-02-13, Engineering Services, 2013 Mill and Overlay
Project (“RFB No. ES-02-13”)
• All of the documents, conditions, specifications, technical data, drawings,
requirements and addenda comprising said Bid Invitation Number as of the time
this Agreement is entered by Contractor and City.
8. CONTRACTOR’S REPRESENTATIONS: In order to induce City to enter into this
Agreement, Contractor makes the following representations to City:
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A. Contractor has familiarized itself with the nature and extent of the Contract
Documents, Work, and with all local conditions and federal, state and local laws.
B. Contractor has made, or caused to be made, examinations and investigations of
information as it deems necessary for the performance of Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract Documents;
and no additional examinations, investigations or similar data are, or will be required by
Contractor for such purposes.
C. Contractor has given City advanced written notice of all conflicts, errors, or
discrepancies that it has discovered in the Contract Documents prior to bidding and the written
resolution thereof by City is acceptable to Contractor.
D. Contractor is skilled and experienced to responsibly perform the type of Work
described in the Contract Documents in a timely manner.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest,
recordkeeping, etc. City and Contractor agree to comply with and observe all applicable laws,
codes and ordinances as they may be amended from time to time.
10. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any
information, document, report or any other material whatsoever which is given by City to
Contractor or which is otherwise obtained or prepared by Contractor pursuant to or under the
terms of this Agreement is and shall at all times remain the property of City. Contractor agrees
not to use any such information, document, report or material for any other purpose whatsoever
without the written consent of City, which may be withheld or conditioned by City in its sole
discretion.
11. AUDIT AND INSPECTION RIGHTS:
A. City may, at reasonable times, and for a period of up to three (3) years following
the date of final payment by City to Contractor under this Agreement, audit, or cause to be
audited, those books and records of Contractor which are related to Contractor’s performance
under this Agreement. Contractor agrees to maintain all such books and records at its principal
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place of business for a period of three (3) years after final payment is made under this Agreement.
B. City may, at reasonable times during the term hereof, inspect Contractor’s
facilities and perform such tests, as City deems reasonably necessary, to determine whether the
goods or services required to be provided by Contractor under this Agreement conform to the
terms hereof, if applicable. Contractor shall make available to City all reasonable facilities and
assistance to facilitate the performance of tests or inspections by City representatives. All tests
and inspections shall be subject to, and made in accordance with, the provisions of the City of
San Angelo Code of Ordinances, as same may be amended or supplemented from time to time.
12. AWARD OF CONTRACT: Contractor represents and warrants to City that it has not
employed or retained any person or company employed by City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with
the award of this Agreement.
13. PUBLIC RECORDS: Contractor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, and agrees to
allow access by City and the public to all documents subject to disclosure under applicable law.
Contractor’s failure or refusal to comply with the provisions of this section shall result in the
immediate cancellation of this Agreement by City.
14. DEFAULT: If Contractor fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder, City in addition to all remedies available to it by law, may
immediately, upon written notice to Contractor, terminate this Agreement whereupon all
payments, advances, or other compensation paid by City to Contractor while Contractor was in
default shall be immediately returned to City. Contractor understands and agrees that
termination of this Agreement under this section shall not release Contractor from any obligation
accruing prior to the effective date of termination. Should Contractor be unable or unwilling to
commence to perform Work within the time provided or contemplated herein, then, in addition to
the foregoing, Contractor shall be liable to City for all expenses incurred by City in preparation
and negotiation of this Agreement, as well as all costs and expenses incurred by City in the re-
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procurement of Work, including consequential and incidental damages.
15. CITY’S TERMINATION RIGHTS:
A. City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Contractor at least five (5) business days prior to the effective
date of such termination. In such event, City shall pay to Contractor compensation for Work
rendered and expenses incurred prior to the effective date of termination. In no event shall City
be liable to Contractor for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. City shall have the right to terminate this Agreement, without notice or liability to
Contractor, upon the occurrence of an event of default hereunder. In such event, City shall not be
obligated to pay any amounts to Contractor and Contractor shall reimburse to City all amounts
received while Contractor was in default under this Agreement.
16. RESOLUTION OF CONTRACT DISPUTES: Contractor understands and agrees that
all disputes between Contractor and City based upon an alleged violation of the terms of this
Agreement by City shall be submitted to City Manager for his resolution, prior to Contractor
being entitled to seek judicial relief in connection therewith. In the event that the amount of
compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City
Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not
be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written
decision, approved by the City Council if the amount of compensation hereunder exceeds
Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after
submitting to the City Manager a detailed statement of the dispute, accompanied by all
supporting documentation (90 days if City Manager’s decision is subject to City Council
approval); or (iii) City has waived compliance with the procedure set forth in this section by
written instruments, signed by the City Manager.
17. INSURANCE:
A. Contractor shall, at all times during the term hereof, maintain such insurance
coverage as may be required by City. All such insurance, including renewals, shall be subject to
the approval of City for adequacy of protection and evidence of such coverage shall be furnished
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to City on Certificates of Insurance indicating such insurance to be in force and effect and
providing that it will not be canceled during the performance of Work under this Agreement
without thirty (30) calendar days prior written notice to City. Completed Certificates of
Insurance shall be filed with City prior to the performance of services hereunder, provided
however, that Contractor shall at any time upon request file duplicate copies of the policies of
such insurance with City.
B. If in the judgment of City, prevailing conditions warrant the provision by
Contractor of additional liability insurance coverage or coverage which is different in kind, City
reserves the right to require the provision by Contractor of an amount of coverage different from
the amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Contractor fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following City’s written notice, this Agreement shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
18. INDEMNIFICATION:
A. GENERAL INDEMNIFICATION. CONTRACTOR AGREES TO
INDEMNIFY, DEFEND, AND HOLD CITY, ITS COUNCIL MEMBERS, BOARD AND
COMMISSION MEMBERS, OFFICIALS, AGENTS, GUESTS, INVITEES,
CONSULTANTS AND EMPLOYEES FREE AND HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, SUITS, JUDGMENTS, COSTS,
PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS’ FEES AND EXPENSES
ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR
EMPLOYEES OF CONTRACTOR OR CITY, BY REASON OF DEATH OR INJURY
TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR
ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY
MANNER ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION,
NEGLIGENCE OR FAULT OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, OR
THE JOINT NEGLIGENCE OF CONTRACTOR AND ANY OTHER ENTITY, AS A
CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS AGREEMENT
OR SUSTAINED IN OR UPON THE PREMISES, OR AS A RESULT OF ANYTHING
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CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONTRACTOR
HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS
AGREEMENT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING
HEREIN SHALL REQUIRE CONTRACTOR TO INDEMNIFY, DEFEND, OR HOLD
HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S OWN
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
B. PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY
PROVIDED FOR IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OF
THIS AGREEMENT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED
BY THE PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY
PROSPECTIVELY NOT ONLY DURING THE TERM OF THIS AGREEMENT BUT
THEREAFTER SO LONG AS ANY LIABILITY COULD BE ASSERTED IN REGARD
TO ANY ACTS OR OMISSIONS OF CONTRACTOR IN PERFORMING UNDER THIS
AGREEMENT.
C. RETROACTIVE APPLICATION. THE INDEMNITY PROVIDED FOR IN
THIS AGREEMENT SHALL EXTEND NOT ONLY TO CLAIMS AND ASSESSMENTS
OCCURRING DURING THE TERM OF THIS AGREEMENT BUT RETROACTIVELY
TO CLAIMS AND ASSESSMENTS WHICH MAY HAVE OCCURRED DURING THE
TERM OF PREVIOUS CONTRACTS BETWEEN CITY AND CONTRACTOR.
19. INSURANCE REQUIREMENTS:
A. General Conditions. The following conditions shall apply to all insurance policies
obtained by Contractor for the purpose of complying with this Agreement.
1) Satisfactory Companies. Coverage shall be maintained with insurers and under forms
of policies satisfactory to City and with insurers licensed to do business in Texas.
2) Named Insureds. All insurance policies required herein shall be drawn in the name of
Contractor, with City, its council members, board and commission members,
officials, agents, guests, invitees, consultants and employees named as additional
insureds, except on Workers’ Compensation coverage.
3) Waiver of Subrogation. Contractor shall require its insurance carrier(s), with respect
to all insurance policies, to waive all rights of subrogation against City, its council
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members, board and commission members, officials, agents, guests, invitees,
consultants and employees.
4) Certificates of Insurance. At or before the time of execution of this Agreement,
Contractor shall furnish City’s Risk Manager with certificates of insurance as
evidence that all of the policies required herein are in full force and effect and provide
the required coverage and limits of insurance. All certificates of insurance shall
clearly state that all applicable requirements have been satisfied. The certificates
shall provide that any company issuing an insurance policy shall provide to City not
less than thirty (30) days advance notice in writing of cancellation, non-renewal, or
material change in the policy of insurance. In addition, Contractor and insurance
company shall immediately provide written notice to City’s Risk Manager upon
receipt of notice of cancellation of any insurance policy, or of a decision to terminate
or alter any insurance policy. Certificates of insurance and notices of cancellations,
terminations, or alterations shall be furnished to City’s Risk Manager at City Hall, 72
W. College Ave., San Angelo, Texas 76903.
5) Contractor’s Liability. The procurement of such policy of insurance shall not be
construed to be a limitation upon Contractor’s liability or as a full performance on its
part of the indemnification provisions of this Agreement. Contractor’s obligations
are, notwithstanding any policy of insurance, for the full and total amount of any
damage, injury, or loss caused by or attributable to its activities conducted at or upon
the premises. Failure of Contractor to maintain adequate coverage shall not relieve
Contractor of any contractual responsibility or obligation.
6) Subcontractors’ Insurance. Contractor shall cause each Subcontractor and Sub-Sub-
Contractor of Contractor to purchase and maintain insurance of the types and in the
amounts specified below. Contractor shall require Subcontractors and Sub-
Subcontractors to furnish copies of certificates of insurance to City’s Risk Manager
evidencing coverage for each Subcontractor and Sub-Subcontractor.
B. Types And Amounts Of Insurance Required. Contractor shall obtain and
continuously maintain in effect at all times during the term hereof, at Contractor’s sole expense,
insurance coverage as follows with limits not less than those set forth below:
1) Commercial General Liability. This policy shall be occurrence-type policy and shall
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protect Contractor and additional insureds against all claims arising from bodily
injury, sickness, disease or death of any person (other than Contractor’s employees)
and damage to property of City or others arising out of the act or omission of
Contractor or its agents and employees. This policy shall also include protection
against claims for the contractual liability assumed by Contractor under the paragraph
of this Agreement entitled “Indemnification,” including completed operations,
products liability, contractual coverage, broad form property coverage, explosion,
collapse, underground, premises/operations, and independent contractors (to remain
in force for two years after final payment). Coverage limits shall not be less than:
$2,000,000.00 General Aggregate $1,000,000.00 Products- Completed Operations $1,000,000.00 Personal & Advertising Injury $1,000,000.00 Each Occurrence $ 100,000.00 Fire Damage (any one fire)
2) Business Automobile Liability. This policy shall protect Contractor and the
additional insureds against all claims for injuries to members of the public and
damage to property of others arising from the use of motor vehicles and shall cover
operation on and off the premises of all motor vehicles licensed for highway use,
whether they are owned, non-owned or hired. Coverage limits shall not be less than:
$1,000,000.00 Combined Single Limit
3) Workers’ Compensation and Employer’s Liability. If Contractor hires any employees,
Contractor shall maintain Workers’ Compensation and Employer’s Liability
insurance, which shall protect Contractor against all claims under applicable state
workers’ compensation laws and employer’s liability. The insured shall also be
protected against claim for injury, disease or death of employees which for any
reason, may not fall within the provisions of a workers’ compensation law. Coverage
shall not be less than:
Statutory Amount Workers’ Compensation $500,000.00 Employer’s Liability, Each Accident $500,000.00 Employer’s Liability, Disease - Each Employee $500,000.00 Employer’s Liability, Disease - Policy Limit
The foregoing requirement will not be applicable if, and so long as, Contractor
qualifies as a self-insurer under the rules and regulations of the commission or agency
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administering the workers’ compensation program in Texas and furnishes evidence of
such qualification to City in accordance with the notice provisions of this Agreement.
If Contractor uses contract labor, Contractor shall require its subcontractor to
maintain the above referenced coverage and furnish copies of certificates of insurance
as required herein.)
20. INDEPENDENT CONTRACTOR: Nothing contained in this Agreement is intended
to, or shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. Contractor shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement. City shall be
exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical
insurance and workers’ compensation insurance on Contractor’s employees.
21. NONDISCRIMINATION: Contractor represents and warrants to City that Contractor
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Contractor’s performance under this Agreement on account of race, color,
sex, religion, age, handicap, marital status or national origin. Contractor further covenants that
no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
22. AMENDMENTS: City or Contractor may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of both organizations, and approved by City. Such
amendments shall not invalidate this Agreement, nor relieve or release City or Contractor from
their respective obligations under this Agreement.
23. ASSIGNMENT: No assignment by a party hereto of any rights under, or interest in, the
Contract Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that may become due,
and moneys that are due, may not be assigned without such prior consent (except to the extent
that this restriction may be limited by law), and unless specifically stated to the contrary in any
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written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
24. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
25. NOTICES: Communication and details concerning this Agreement shall be directed to
the following representatives:
CITY: CONTRACTOR: City of San Angelo Reece Albert, Inc. Attn: Tim Wolff Attn: Mike Schmidt 52 W. College Ave. 3001 Foster St. San Angelo, Texas 76903 San Angelo, Texas 76903 Phone: (325) 657-4203 Phone: (325) 653-1241 Email: [email protected] Email: [email protected]
Before City shall be liable to Contractor or any of its successors or assigns for any alleged breach
of this Agreement, notice must first be given City within six (6) months of the date Contractor
alleges the breach occurred. Such notice shall be in accordance with and provide substantially
the same information as required for notice of tort claims as specified in Article 1.500 of the City
of San Angelo Code of Ordinances.
26. MISCELLANEOUS PROVISIONS:
A. Remedies: In the event of default by Contractor under the Contract Documents,
City shall have all rights and remedies afforded to it at law or in equity to enforce the terms of
the Contract Documents; however, arbitration is not an available remedy to resolve any disputes
arising under this Agreement unless City and Contractor mutually agree to such remedy in a
separate written agreement. The exercise of any one right or remedy shall be without prejudice
to the enforcement of any other right or remedy allowed at law or in equity.
B. Attorneys’ Fees: If any action at law or in equity is necessary by either City or
Contractor to enforce or interpret the terms of the Contract Documents, the party prevailing on
the majority of issues shall be entitled to reasonable attorneys’ fees and costs and any necessary
disbursements in addition to any other relief to which the prevailing party is entitled.
C. Conflicts: This Agreement, the documents required to be provided, and the
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Contract Documents constitute the entire agreement between the parties hereto and supersede
any prior written or oral agreements and understandings between the parties. If any provision of
this Agreement, the General Conditions, the Specifications or any other provision contained
within the Contract Documents conflicts, or is inconsistent with any other provision of the
Contract Documents, then the conflict or inconsistency will be resolved first by reference to the
terms of this Agreement, then to the General Conditions to this Agreement and then finally to the
Specifications therein, unless a federal law, regulation or restriction would require otherwise, in
which case the federal provision would control.
D. Severability: If any provision of this Agreement is held invalid or unenforceable,
the remainder of the Agreement shall not be affected thereby and all other parts of this
Agreement shall nevertheless be in full force and effect.
E. Venue: This Agreement, including the Contract Documents, is governed by the
laws of the State of Texas. Venue for any suit or claim or cause of action arising out of or
related to Work covered by this Agreement shall be in Tom Green County, Texas.
F. Counterparts: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
G. Enforcement: This Agreement shall be construed and enforced according to the
laws of the State of Texas.
H. Headings: Titles and paragraphs are for convenient reference and are not a part of
this Agreement.
I. No Waiver: No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
J. Governing Laws: Should any provision, paragraph, sentence, word or phrase
contained in this Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Texas or the City of San
Angelo, such provision, paragraph, sentence, word or phrase shall be deemed modified to the
extent necessary in order to conform with such laws, or if not modifiable, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this Agreement
shall remain unmodified and in full force and effect or limitation of its use.
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K. Applicable Law: This Contract and the Contract Documents are subject to all
applicable federal and state laws, statutes, codes, rules and regulations and local ordinances,
rules and regulations.
27. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
28. ENTIRE CONTRACT: This Agreement constitutes the sole and entire agreement
between the parties hereto. No modification or amendment hereto shall be valid unless in
writing and executed by properly authorized representatives of the parties hereto.
29. REAFFIRMATION OF REPRESENTATIONS: Contractor herby reaffirms all of the
representations contained in RFB No.ES-02-13.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
.
CONTRACTOR: Reece Albert, Inc., a Texas corporation By: ATTEST: Mike Schmidt, Vice President _______________, Secretary/Treasurer (SEAL) CITY: City of San Angelo By: _____________________________ Daniel Valenzuela, City Manager ATTEST: Alicia Ramirez, City Clerk (SEAL)
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AGREEMENT FOR 2013 MILL AND OVERLAY PROJECT
BETWEEN CITY OF SAN ANGELO & REECE ALBERT, INC.
RFB No. ES-02-13
Approved as to Content: Approved as to Form: ______________________________ Tim Wolff, Interim City Engineer Lysia H. Bowling, City Attorney Approved as to Insurance Requirements: John Seaton, Risk Manager
Y:\13-RFX\Engineering\ES0213 Mill & Overlay\Bid Tab-ES0213/Bid Opening
C I T Y O F S A N A N G E L O BID TABULATION * RFB NO: ES-02-13 * March 26, 2013
Mill and Overlay
Description Reese Albert
Base Bid 1,319,556.23$
Bid Bond: Yes
Bids Mailed To:
Blacktopper Technology, Inc. Blanco TX
Brannon Paving Co Victoria TX
Contract Paving Co. Tye TX
F N Ploch Const New Braunfels TX
Lipham Construction Co., Inc. Aspermont TX
Mr.T's Asphalt Paving & Sealcoating Menard TX
Northeastern Pavers, Inc. Granbury TX
Price Construction Big Spring TX
Reece Albert San Angelo TX
Ronald Wagner & Co LP Kendalia TX
Van Zandt Paving Odessa TX
Adopted: 5/30/03 Revised: 6/21/10
City of San Angelo
Memo
Date: May 10, 2013
To: Mayor and Councilmembers
From: Cindy M. Preas, Real Estate Administrator (657-4407)
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Diana Farris, Property Specialist (657-4407)
Caption: Consent Item
Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant:
a) 28 W 13th Street, (Jones), Lot 14 & W 25' of 15, Block 61, Miles Addition, $4,200, Suit No. B-99-0038-T
b) Next to 2002 Brown Street, (Orona), N 75’ of Lot 11, Block 2, Home Acres, $1,200, Suit No. B-07-0113-T
c) 21 W 9th Street, (DeLaughter), Lot 6, Block 30, Miles, $1,500, Suit No. B-96-0220-T
d) 25 W 9th Street, (DeLaughter), Lot 7, Block 30, Miles, $1,500, Suit No. B-96-0203-T
Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were received causing subject properties to be stuck-off to the City, as Trustee for itself and the other taxing entities.
History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Propety
Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.
Related Vision Item
(if applicable):
Financial Vision – Examine liquidation of unused or underperforming city-owned properties
Neighborhood Vision – Attract reinvestment
Other Information/
Recommendation: Staff recommends approval.
Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map
Presentation: N/A
Publication: N/A
Reviewed by
Director: Lysia H. Bowling, City Attorney
Approved by Legal:
21 W 9th Street Lot 6, Block 30, Miles Addition 50' x 100'
City of San Angelo Copyright 1987-2012
Address Points
City Address Points
Pending City Addresses
Retired City Addresses
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Retired County Addresses
Parcels
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Platted Lot Lines
City Parcel Popups Transparent
May 16, 20130 0.045 0.090.0225 mi
0 0.07 0.140.035 km
1:2,699
Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Tax Warrant Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
13 YRS
Adjudge Value: 3,071.00$ NO
Amount of Offer: 1,500.00$
Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee 511.00$ 511.00$ 0.00% 511.00$
Maintenance Fee 500.00$ 500.00$ 0.00% 500.00$
District Clerk 118.00$ 118.00$ 0.00% 118.00$
Sheriff's Fee 40.00$ 40.00$ 0.00% 40.00$
Attorney Fee 223.00$ 223.00$ 0.00% 223.00$
Municipal Liens -$ 0.00% -$ -$
Taxes 2,679.00$ 100.00% 108.00$ 108.00$
Total 1,392.00$ 2,679.00$ 1,392.00$ 100.00% 108.00$ 1,500.00$
Actual Total Amt Due 4,071.00$
Amount Remaining 108.00$
PROPERTY ANALYSISFor Tax Resale Property
May 2, 2000
50' x 100'
Offer will satisfy the court cost and a portion of the taxes.
Amounts Due
March 28, 2000
Lot 7, Block 30, Miles Addition, as described in Volume 351, Page 235, Deed Records
of Tom Green County, Texas.
Account #18-34200-0030-007-00
B-96-0203-T
25 W 9th Street
Lee Garner Account #1985
#18-34200-0030-007-00
Unimproved
Years Held in Trust
Urban Redevlopment Sale?:
May 25, 2000
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: PAUL DELAUGHTER, a married person as his sole and separate property
15133 Orient Pass San Angelo, Tom Green County, Texas 76905
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):
Lot 6, Block 30, Miles Addition, City of San Angelo, as per map or plat thereof recorded in the Office of the County Clerk of Tom Green County, Texas. Account #18-34200-0030-006-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on December 31, 1998 in Suit No. B-96-0220-T, by the 119th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated May 23, 2000, and recorded in Volume 772, Page 912, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment
ATTEST: By: ____________________________ Alvin New, Mayor and
duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
25 W 9th Street Lot 7, Block 30, Miles Addition 50' x 100'
City of San Angelo Copyright 1987-2012
Address Points
City Address Points
Pending City Addresses
Retired City Addresses
County Address Points
Pending County Addresses
Retired County Addresses
Parcels
Platted Lot Line Labels
Platted Lot Lines
City Parcel Popups Transparent
May 16, 20130 0.045 0.090.0225 mi
0 0.07 0.140.035 km
1:2,699
Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Judgment Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
13 YRS
Adjudge Value: 3,084.00$ NO
Amount of Offer: 1,500.00$
Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee 511.00$ 511.00$ 0.00% 511.00$
Maintenance Fee 500.00$ 500.00$ 0.00% 500.00$
District Clerk 100.00$ 100.00$ 0.00% 100.00$
Sheriff's Fee 40.00$ 40.00$ 0.00% 40.00$
Attorney Fee 210.00$ 210.00$ 0.00% 210.00$
Municipal Liens 809.03$ 29.71% 41.30$ 41.30$
Taxes 1,913.97$ 70.29% 97.70$ 97.70$
Total 1,361.00$ 2,723.00$ 1,361.00$ 100.00% 139.00$ 1,500.00$
Actual Total Amt Due 4,084.00$
Amount Remaining 139.00$
PROPERTY ANALYSISFor Tax Resale Property
May 2, 2000
50' x 100'
Offer will satisfy the court cost and a portion of the taxes.
Amounts Due
December 31, 1998
Lot 6, Block 30, Miles Addition, City of San Angelo, as per map or plat thereof
recorded in the Office of the County Clerk of Tom Green County, Texas.
Account #18-34200-0030-006-00
B-96-0220-T
21 W 9th Street
Mary Ann Thompson Account #818
#18-34200-0030-006-00
Unimproved
Years Held in Trust
Urban Redevlopment Sale?:
May 25, 2000
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: PAUL DELAUGHTER, a married person as his sole and separate property
15133 Orient Pass San Angelo, Tom Green County, Texas 76905
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):
Lot 7, Block 30, Miles Addition, as described in Volume 351, Page 235, Deed Records of Tom Green County, Texas. Account #18-34200-0030-007-00
Tax Warrant: Tax Warrant for the foreclosure of a tax lien against the Property entered on March 28, 2000 in Suit No. B-96-0203-T, by the 119th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Tax Warrant — by Sheriff’s Deed dated May 23, 2000, and recorded in Volume 772, Page 913, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Tax Warrant , nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the Tax Warrant foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Tax Warrant , or (2) the total amount of the Tax Warrant .
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Tax Warrant
ATTEST: By: ____________________________ Alvin New, Mayor and
duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Tax Warrant identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
28 W 13th Street Lot 14 & W 25' of Lot 15, Block 61, Miles Addition 75' x 100'
Address Points
City Address Points
Pending City Addresses
Retired City Addresses
County Address Points
Pending County Addresses
Retired County Addresses
Parcels
Platted Lot Line Labels
Platted Lot Lines
City Land for Sale
City Parcel Popups Transparent
May 2, 20130 0.02 0.040.01 mi
0 0.035 0.070.0175 km
1:1,349
Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Tax Warrant Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
12 YRS
Adjudge Value: 7,569.00$ NO
Amount of Offer: 4,200.00$
Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee 500.00$ 500.00$ 0.00% 500.00$
Maintenance Fee 2,400.00$ 2,400.00$ 0.00% 2,400.00$
District Clerk 105.00$ 105.00$ 0.00% 105.00$
Sheriff's Fee 40.00$ 40.00$ 0.00% 40.00$
Attorney Fee 136.00$ 136.00$ 0.00% 136.00$
Municipal Liens -$ 0.00% -$ -$
Taxes 7,288.00$ 100.00% 1,019.00$ 1,019.00$
Total 3,181.00$ 7,288.00$ 3,181.00$ 100.00% 1,019.00$ 4,200.00$
Actual Total Amt Due 10,469.00$
Amount Remaining 1,019.00$
PROPERTY ANALYSISFor Tax Resale Property
March 6, 2001
75' x 100'
Offer will satisfy the court cost and a portion of the taxes.
Amounts Due
January 24, 2001
Lot 14 and West 25 feet of Lot 15, Block 61, Miles Addition to the City of San Angelo,
Tom Green County, Texas, as described in Volume 855, Page 362, Deed Records of
Tom Green County, Texas
Account #19-34200-0061-014-00
B-99-0038-T
28 W 13th Street
Ruby Conner Hyder Account #4470
19-34200-0061-014-00
Unimproved
Years Held in Trust
Urban Redevlopment Sale?:
March 28, 2001
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: FREDDIE JONES, a single person
35 West 13th Street San Angelo, Tom Green County, Texas 76903
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):
Lot 14 and West 25 feet of Lot 15, Block 61, Miles Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 855, Page 362, Deed Records of Tom Green County, Texas Account #19-34200-0061-014-00
Tax Warrant: Tax Warrant for the foreclosure of a tax lien against the Property entered on January 24, 2001
in Suit No. B-99-0038-T, by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Tax Warrant — by Sheriff’s Deed dated March 26, 2001, and recorded in Volume 823, Page 597, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Tax Warrant, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the Tax Warrant foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Tax Warrant, or (2) the total amount of the Tax Warrant.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Tax Warrant
ATTEST: By: ____________________________ Alvin New, Mayor and
duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Tax Warrant identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
N 75' of Lot 11, Block 2, Home Acres Addition 75' x 250'
Copyright:© 2012 ESRI, NAVTEQ, DeLorme
City Address Points
County Address Points
City Structures
City of San Angelo Fee Lands
City of San Angelo Trustee Lands
City Limits
Streets 4514
October 23, 20120 0.05 0.10.025 mi
0 0.08 0.160.04 km
1:3,000
Legal Description:
Improved/Unimproved
Tax Suit Number:
Location:
Parcel Size/Dimensions:
City of San Angelo vs.
Tax ID Number:
Judgment Date:
Date of Sheriff's Sale:
Sheriff's Deed Recorded:
7 MO
Adjudge Value: 1,601.00$ NO
Amount of Offer: 1,200.00$
Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee 500.00$ 500.00$ 0.00% 500.00$
Maintenance Fee 100.00$ 100.00$ 0.00% 100.00$
District Clerk 278.00$ 278.00$ 0.00% 278.00$
Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$
Attorney Fee 190.00$ 190.00$ 0.00% 190.00$
Municipal Liens 655.50$ 63.46% 20.31$ 20.31$
Taxes 377.50$ 36.54% 11.69$ 11.69$
Total 1,168.00$ 1,033.00$ 1,168.00$ 100.00% 32.00$ 1,200.00$
Actual Total Amt Due 2,201.00$
Amount Remaining 32.00$
PROPERTY ANALYSISFor Tax Resale Property
October 2, 2012
75' x 250'
Offer will satisfy the court cost and a portion of the taxes and liens.
Amounts Due
June 30, 2008
The North 75 feet of Lot 11, Block 2, Home Acres Addition, Tom Green County, Texas,
as described in Volume 777, Page 29, Deed Records of Tom Green County, Texas.
Account #15-28100-0002-026-00
B-07-0113-T
Next to 2002 Brown Street
Kevin Huyler Account #1356
#15-28100-0002-026-00
Unimproved
Years Held in Trust
Urban Redevlopment Sale?:
October 12, 2012
NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value) Date: __________________________ Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District 72 West College Avenue San Angelo, Tom Green County, Texas 76903 Grantee: Jorge Orona, a single person
718 W 19th Street San Angelo, Tom Green County, Texas 76903
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):
The North 75 feet of Lot 11, Block 2, Home Acres Addition, Tom Green County, Texas, as described in Volume 777, Page 29, Deed Records of Tom Green County, Texas. Account #15-28100-0002-026-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on June 30, 2008 in
Suit No. B-07-0113-T, by the 119th District Court of Tom Green County, Texas. Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the terms of the Judgment — by Sheriff’s Deed dated October 12, 2012, and recorded in Instrument Number 725814, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code, including, without limitation, any right of redemption remaining in the former owner of the Property; the terms of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee for any taxing authorities named in the Judgment
ATTEST: By: ____________________________ Alvin New, Mayor and
duly-authorized agent Alicia Ramirez, City Clerk STATE OF TEXAS § § COUNTY OF TOM GREEN § This instrument was acknowledged before me on _____________________, 2013, by Alvin New, Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the above instrument. __________________________________ Notary Public, State of Texas After Recording, Return To:
A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT OR TAX WARRANT
WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to delinquent tax foreclosure decrees of the 119th Judicial District, Tom Green County, Texas; and WHEREAS, offers have been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure Judgment or Tax Warrant, located in San Angelo, Tom Green County, Texas: Conveying to: PAUL DELAUGHTER, a married person as his sole and separate property; ($1,500):
Lot 6, Block 30, Miles Addition, City of San Angelo, as per map or plat thereof recorded in the Office of the County Clerk of Tom Green County, Texas. Account #18-34200-0030-006-00
PAUL DELAUGHTER, a married person as his sole and separate property; ($1,500):
Lot 7, Block 30, Miles Addition, as described in Volume 351, Page 235, Deed Records of Tom Green County, Texas. Account #18-34200-0030-007-00
FREDDIE JONES, a single person; ($4,200):
Lot 14 and West 25 feet of Lot 15, Block 61, Miles Addition to the City of San Angelo, Tom Green County, Texas, as described in Volume 855, Page 362, Deed Records of Tom Green County, Texas Account #19-34200-0061-01400
JORGE ORONA, a single person; ($1,200):
The North 75 feet of Lot 11, Block 2, Home Acres Addition, Tom Green County, Texas, as described in Volume 777, Page 29, Deed Records of Tom Green County, Texas. Account #15-28100-0002-026-00
APPROVED AND ADOPTED ON THE DAY OF , 2013.
THE CITY OF SAN ANGELO
_______________________________ Alvin New, Mayor Attest: ______________________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: ______________________________ ______________________________ Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
City of San Angelo
Memo Date: May 20, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Consent Item for June 4, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving new lake lot residential leases with the following Lessees and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same::
(1) Rodney Simpson; Lot 19, Group 2, commonly known as 2029 American Legion; and
(2) Ebba Furlong, at Lot 1, Group 16, commonly known as 2262 Joy Road;
Summary: Each Lessee requests a new 40 year leases necessary for financing purposes
History: Each Lessee is in good standing as to all lease obligations.
Financial Impact:
(1) Rodney Simpson: Current Yearly Lease Fee $683. Current Lease expires: September 30, 2013 New Lease Fees: 2013-2016 $820.00 2017-2052 Market Value
(2) Ebba Furlong Current Yearly Lease Fee $364 Current Lease Expires: September 30, 2017
New Lease Fees: 2013-2016 $408.00 2017-2052 Market Value
Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewals be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Rodney Simpson); (Ebba Furlong)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, May 20, 2013.
Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, May 24, 2013
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Ebba Furlong whose address is 2262 Joy Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:
Lot 1, Group 16, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2262 Joy Road ).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2013 Through 2016 $408.00
For the Years 2017 Through 2052 Market Value *
* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.
HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.
NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.
DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor 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, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.
NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:
LESSEE: Ebba Furlong 2262 Joy Road San Angelo, Texas 76904 LESSOR: City of San Angelo
Attn: Water Utilities Director 72 W. College Avenue San Angelo, Texas 76903
EXECUTED in duplicate originals on the _____day of _____________________,
2013 by: LESSEE(S)
Ebba Furlong STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________, 20____ by Ebba Furlong.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director Water Utilities Department
STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Rodney Simpson whose address is 2029 American Legion Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:
Lot 19, Group 2, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2029 American Legion Road ).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before May 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2014 Through 2016 $820.00
For the Years 2017 Through 2052 Market Value *
* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.
HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.
NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.
DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor 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, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.
NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:
LESSEE: Rodney Simpson 2029 American Legion Road San Angelo, Texas 76904 LESSOR: City of San Angelo
Attn: Water Utilities Director 72 W. College Avenue San Angelo, Texas 76903
EXECUTED in duplicate originals on the _____day of _____________________,
2013 by: LESSEE(S)
Rodney Simpson STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________, 20____ by Rodney Simpson.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director Water Utilities Department
STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Memo Date: May 29, 2013
To: Mayor and Councilmembers
From: Sandra J. Villarreal, Health Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Sandra J. Villarreal, Health Director
Caption: Consent
Consideration of adopting a Resolution Ratifying the Application and Contract for, and accepting if awarded, additional FY2014 Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health System (LPHS) Grant funds in the amount of $20,000.00 to address Public Health Immunization and Disease Prevention Activities and Services.
Summary: The City’s Health Department has applied for additional RLSS-LPHS grant dollars to assist with Nursing Division rental and utility costs associated with running the health department. The original request for additional RLSS grant funds in FY13 was intended to be for one year only; however, dollars were made available on 5/8/13 with the budget/grant application due on 5/13/13 for the next state fiscal year, which begins 9/1/13 through 8/31/14.
The RLSS – Local Public Health System Grant is a recurring grant applied to and received from the Department of State Health Services. Typically, funds are used to carry out objectives addressing public health Environmental and Food Safety Issues, essential public health activities and services. Due to the $78,000 decrease in General Transfer funding to the Nursing Division in FY13, which would have made it necessary to eliminate services in FY13, specifically Immunization and the STD clinics, the Department of State Health Services (DSHS) granted an emergency $20,000 for Rent and Utilities, allowing Nursing to continue to be housed in the current office building, but in a smaller Suite. In exchange, the Nursing Division would continue to offer an Immunization Clinic one day a week. Although no STD testing will be performed, DSHS-referred patients will continue to be treated by the Nursing Staff, as is currently the case.
History: Due to the Department of State Health Services policy changes to the Texas Vaccines for Children in January 2012, the Nursing Division experienced a 50-60% decrease in Revenue in FY12. The decrease in revenue, along with the $78,000 decrease in City General Transfer dollars to FY13, left no choice but to cut three positions plus public services in FY13, to include Immunizations and STD Clinics.
DSHS was compelled to assist because San Angelo is considered a HUB to the surrounding counties of DSHS Health Service Region 9/10 and the only local health department for 112 miles (Midland). Region 9/10, comprised of 36
counties, is serviced by five (5) local health departments: Andrews, City of Midland, City of El Paso, Ector County, and City of San Angelo.
Health Services Director reapplied for a DSHS Immunization Grant for FY14, but was denied and reference was made that there is no funding available for new or prior contractors. The San Angelo-Tom Green County Health Department had been a former recipient, last known to receive funding in 2005-06.
Financial Impact: The receipt of $20,000.00 will pay the rent and utilities of the Nursing Division for FY14.
Related Vision Item
(if applicable):
Other Information/ Recommendation:
Staff recommends approval.
Attachments: Resolution, Cover Page, and Addendum
Presentation: N/A
Publication: N/A
Reviewed by Director:
Rick Weise
Sandra J. Villarreal
Approved by Legal:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES
WHEREAS, the City of San Angelo applied for a FY14 Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Grant for $119,433.00; and, WHEREAS, the City of San Angelo has applied for additional Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Grant funds in the amount of $20,000.00, to be used to address public health issues relating to Immunization and Disease Prevention activities and services; and, WHEREAS, the grant will permit the City of San Angelo to pay for Rent of Office Space and Utilities associated with Immunization and Disease Prevention activities and services ; and, WHEREAS, the RLSS/LPHS grant is recurring and generally so utilized for Public Health activities in the past:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:
That the application and contract for Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) additional grant funds in the amount of $20,000.00, commencing September 1, 2013 and ending on August 31, 2014, to be used to pay rent and utilities associated with Immunization and Disease Prevention activities and services is hereby ratified and the additional grant of funds in the sum of $20,000.00, are hereby accepted if awarded. The City Manager or his designee is hereby authorized to execute such documents as may be necessary or desirable to accept the additional grant funds if awarded and provide for their application for the purposes stated.
PASSED and APPROVED THIS DAY OF , 2013.
CITY OF SAN ANGELO, TEXAS
ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Sandra Villarreal, Health Services Mgr. Lysia H. Bowling, City Attorney
* Enter the legal name of your organization in the space provided for "Legal Name of Respondent" on Form I -Budget Summary; doing so will populate the budget category detail templates with your organizations name.
* Complete each budget category detail template. Instructions for completing each budget category detail template are in a separate document. If a primary budget category detail template does not accommodate all items in your budget, use the respective supplemental budget template at the end of this workbook. The total of each supplemental category detail budget template will automatically populate to the last line of the respective primary budget category template.
* After you have completed each budget category detail form, go to Form I-Budget Summary and input other sources of funding manually (if any) in Columns 3 - 6 for each budget category.
* Refer to the table below the budget template table to verify that the amounts distributed ("Distribution Total") in each budget category equals the "Budget Total" for each respective category. Next, verify that the overall total of all distributions ("Distribution Totals") equals the Budget Total.
* Enter the total amount of "Program Income" anticipated for this program in row "K" under the "Total Budget" column (1). The total program income budgeted will be automatically allocated to each funding source based on the percentage of funding of the total budget. Information on program income is available in the DSHS Contractors Financial Procedures Manual located at the following web site: http://www.dshs.state.tx.us/contracts/
General Instructions for Completing Budget FormsDSHS Costs Only Budgeted on Detail Category Pages
(Examples and instructions for completing the Budget Category Detail Templates are in a separate Excel file located under Templates for Cost Reimbursement Budgets located at :
http://www.dshs.state.tx.us/grants/forms.shtm
HD San Angelo TGC HD_FY14_ RLSS_Nursing_Addendum_5_8_13 1
FORM I: BUDGET SUMMARY (REQUIRED)
Legal Name of Respondent:
DSHS Funds Direct Federal Other State Local Funding Other Requested Funds Agency Funds* Sources Funds
(2) (3) (4) (5) (6)A. Personnel $0 $0 $0 $0 $0 $0B. Fringe Benefits $0 $0 $0 $0 $0 $0C. Travel $0 $0 $0 $0 $0 $0D. Equipment $0 $0 $0 $0 $0 $0E. Supplies $1,943 $1,943 $0 $0 $0 $0F. Contractual $0 $0 $0 $0 $0 $0G. Other $18,057 $18,057 $0 $0 $0 $0H. Total Direct Costs $20,000 $20,000 $0 $0 $0 $0I. Indirect Costs $0 $0 $0 $0 $0 $0
J. Total (Sum of H and I) $20,000 $20,000 $0 $0 $0 $0
K. Program Income - Projected Earnings $0 $0
Personnel $0 $0 Fringe Benefits $0 $0Travel $0 $0 Equipment $0 $0
Supplies $1,943 $1,943 Contractual $0 $0Other $18,057 $18,057 Indirect Costs $0 $0
$20,000 $20,000
BudgetTotal
Distribution Totals Budget TotalTOTAL FOR:
San Angelo - Tom Green County Health Department
BudgetCatetory
DistributionTotal
BudgetTotal
BudgetCategory
DistributionTotal
*Letter(s) of good standing that validate the respondent’s programmatic, administrative, and financial capability must be placed after this form if respondent receives any funding from state agencies other than DSHS related to this project. If the respondent is a state agency or institution of higher education, letter(s) of good standing are not required. DO NOT include funding from other state agencies in column 4 or Federal sources in column 3 that is not related to activities being funded by this DSHS project.
Budget CategoriesTotal
Budget(1)
NOTE: The "Total Budget" amount for each Budget Category will have to be allocated (entered) manually among the funding sources. Enter amounts in whole dollars. After amounts have been entered for each funding source, verify that the "Distribution Total" below equals the respective amount under the "Total Budget" from column (1).
Check Totals For:
Revised: April 2011
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
FRINGE BENEFITS
0.00%
Fringe Benefits Total $0
Vacant Y/N Justification FTE's
Itemize the elements of fringe benefits in the space below:
Total Average Monthly
Salary/Wage
Number of
Months
San Angelo - Tom Green County Health Department
FORM I-1: PERSONNEL Budget Category Detail Form
Certification or License (Enter NA if
not required)
Fringe Benefit Rate %
Salary/Wages Requested for
Project
SalaryWage TotalTOTAL FROM PERSONNEL SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail FormLegal Name of Respondent:
Conference / Workshop Travel CostsDescription of
Conference/Workshop
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
$0
Total for Conference / Workshop Travel $0
TOTAL FROM TRAVEL SUPPLEMENTAL CONFERENCE/WORKSHOP BUDGET SHEETS
LocationCity/State
Number of:
Days/EmployeesTravel Costs
Justification
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Other / Local Travel CostsMileage
Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0
Indicate Policy Used: Respondent's Travel Policy
Other Costs(b)
$0
Total (a) + (b)
$0
$0
TOTAL FROM TRAVEL SUPPLEMENTAL OTHER/LOCAL TRAVEL COSTS BUDGET SHEETS $0
State of Texas Travel Policy
Total Travel Costs:
$0
$0
Total for Other / Local Travel
Mileage Reimbursement RateJustification
$0
$0
Number of Miles
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form
Total Amount Requested for Equipment:
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
TOTAL FROM EQUIPMENT SUPPLEMENTAL BUDGET SHEETS
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Medical Supplies Laboratory specimen collection containers, alcohol preps, hand sanitizer, needles, syringes, cotton balls, band aids, etc. $1,943
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
Total Amount Requested for Supplies: $1,943
TOTAL FROM SUPPLIES SUPPLEMENTAL BUDGET SHEETS
FORM I-4: SUPPLIES Budget Category Detail Form
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. #of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (e.g., office, computer, medical, educational, etc.) See attached example for definition of supplies and detailed instructions to complete this form.
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT
(i.e., Monthly, Hourly, Unit, Lump
Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT (i.e., hourly rate, unit rate, lump sum
amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
San Angelo - Tom Green County Health Department
TOTAL FROM CONTRACTUAL SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost per unit)] Purpose & Justification Total Cost
Rent of SpaceClinical space for services to be perfomred (987 sq. ft. x $0.77 / sq. ft = $760 / month x 12 months) $9,120
Utilities prorated for sq. footage approx $360/mo x 12 months $4,320
Copier Rental Copier to be used for Immunization Records, correspondence, pamphlets/brochures, etc. $3,357
Biohazard Waste Removal Removal of biohazard waste and sharps containers $1,260$0$0$0$0$0$0$0$0$0$0$0$0$0$0
Total Amount Requested for Other: $18,057
FORM I-6: OTHER Budget Category Detail Form
San Angelo - Tom Green County Health Department
TOTAL FROM OTHER SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
Legal Name of Respondent:
Amount: $0
_____
The respondent’s most recent indirect cost rate approved by a federal cognizant agency or state single audit coordinating agency. Expired rate agreements are not acceptable. Attach a copy of the rate agreement to this form (Form I - 7 Indirect)
RATE:BASE:
_____
Applies only to governmental entities . The respondent’s current central service cost rate or indirect cost rate based on a rate proposal prepared in accordance with OMB Circular A-87. Attach a copy of Certification of Cost Allocation Plan or Certification of Indirect Costs. Note: Governmental units with only a Central Service Cost Rate must also include the indirect cost of the governmental units department (i.e. Health Department). In this case indirect costs will be comprised of central service costs (determined by applying the rate) and the indirect costs of the governmental department. The allocation of indirect costs must be addressed in Part V - Indirect Cost Allocation of the Cost Allocation Plan that is submitted to DSHS
RATE:TYPE:BASE:
_____
A cost allocation plan. A cost allocation plan as specified in the DSHS Contractor's Financial Procedures Manual (CFPM), Appendix A must be submitted to DSHS within 60 days of the contract start date. The CFPM is available on the following internet web link: http://www.dshs.state.tx.us/contracts/
Indirect costs are based on (mark the statement that is applicable):
GO TO PAGE 2 (below)
FORM I - 7 Indirect Costs
San Angelo - Tom Green County Health Department
Total amount of indirect costs allocable to the project:
Revised: 7/6/2009
If using an central service or indirect cost rate, identify the types of costs that are included (being allocated) in the rate:
Page 2, FORM I - 7 Indirect Costs
Organizations that do not use an indirect cost rate and governmental entities with only a central service rate must identify the types of costs that will be allocated as indirect costs and the methodology used to allocate these costs in the space provided below. The costs/methodology must also be disclosed in Part V-Indirect Cost Allocation of the Cost Allocation Plan that is submitted to DSHS. Identify the types of costs that are being allocated as indirect costs, the allocation methodology, and the allocation base:
Revised: 7/6/2009
SUPPLEMENTAL FORMS INSTRUCTIONS
The budget templates (two per budget category) that follow are intended to supplement cost reimbursement budgets when there are too many items to fit on the primary budget template. Applicants that have utilized all the lines on the primary budget template must use the supplemental templates to list detail information for the respective budget category. For example, after all the lines on the primary budget template for Personnel (tab labled Form I - 1 Personnel) have been used, go to the supplemental template labled "Form I - 1a Personnel Supp” and if all the lines are used on this template, go to the next template labled "Form I - 1b Personnel". The amounts on each supplemental template will automatically total and the total from both templates will automatically be inserted on the last line of the primary budget template. The supplemental budget templates are:
-Form I-1 Personnel Supplemental
-Form I-2 Travel Supplemental
-Form I-3 Equipment Supplemental
-Form I-4 Supplies Supplemental
-Form I-5 Contractual Supplemental
-Form I-6 Other Supplemental
Revised: 7/6/2009
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0SalaryWage Total
San Angelo - Tom Green County Health Department
FORM I-1: PERSONNEL Budget Category Detail Form (Supplemental)
Certification or License (Enter NA if
not required)Vacant
Y/N Justification FTE's
Total Average Monthly
Salary/Wage
Number of
Months
Salary/Wages Requested for
Project
Revised: 7/6/2009
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0SalaryWage Total
FORM I-1: PERSONNEL Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Vacant Y/N Justification FTE's
Certification or License (Enter NA if
not required)
Total Average Monthly
Salary/Wage
Number of
Months
Salary/Wages Requested for
Project
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail Form (Supplemental)Legal Name of Respondent:
Conference / Workshop Travel CostsDescription of Number of:
Conference/Workshop Days/Employees
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
Total for Conference / Workshop Travel $0
Other / Local Travel Costs
San Angelo - Tom Green County Health Department
Justification Travel Costs
Location(City, State)
Revised: 7/6/2009
Mileage Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0
$0
$0
$0
$0
$0
$0
Total Travel Costs:
$0
$0
Total (a) + (b)
Other CostsJustification(b)
Total for Other / Local Travel
$0
Number of Miles Mileage Reimbursement Rate
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail Form (Supplemental)Legal Name of Respondent:
Conference / Workshop Travel CostsDescription of Number of:
Conference/Workshop Days/Employees
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
Total for Conference / Workshop Travel $0
Other / Local Travel Costs
San Angelo - Tom Green County Health Department
JustificationLocation
Travel Costs(City, State)
Revised: 7/6/2009
Mileage Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0 Total Travel Costs:
$0
Total for Other / Local Travel
$0
$0
$0
$0
$0
$0
$0
$0
Total(b) (a) + (b)
JustificationNumber of
Miles Mileage Reimbursement Rate Other Costs
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0Total Amount Requested for Equipment:
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form (Supplemental)
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form (Supplemental)
Total Amount Requested for Equipment:
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Total Amount Requested for Supplies: $0
FORM I-4: SUPPLIES Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. # of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (i.e., office, computer, medical, client incentives, educational, etc.)
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Total Amount Requested for Supplies: $0
FORM I-4: SUPPLIES Budget Category Detail Form (Supplemental)
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. # of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (i.e., office, computer, medical, client incentives, educational, etc.)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT (i.e.
Monthly, Hourly, Unit, Lump Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT
(i.e. hourly rate, unit rate, lump sum amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT (i.e.
Monthly, Hourly, Unit, Lump Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT
(i.e. hourly rate, unit rate, lump sum amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form (Supplemental)
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost/unit)] Purpose & Justification Total Cost
Total Amount Requested for Other: $0
FORM I-6: OTHER Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost/unit)] Purpose & Justification Total Cost
Total Amount Requested for Other: $0
FORM I-6: OTHER Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Memo Date: June 5, 2013
To: Mayor and Councilmembers
From: Sandra J. Villarreal, Health Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Sandra J. Villarreal, Health Director
Caption: Consent
Consideration of adopting a Resolution Ratifying the Application and Contract for, and accepting if awarded, additional FY2014 Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health System (LPHS) Grant funds in the amount of $20,000.00 to address Public Health Immunization and Disease Prevention Activities and Services.
Summary: The City’s Health Department has applied for additional RLSS-LPHS grant dollars to assist with Nursing Division rental and utility costs associated with running the health department. The original request for additional RLSS grant funds in FY13 was intended to be for one year only; however, dollars were made available on 5/8/13 with the budget/grant application due on 5/13/13 for the next state fiscal year, which begins 9/1/13 through 8/31/14.
The RLSS – Local Public Health System Grant is a recurring grant applied to and received from the Department of State Health Services. Typically, funds are used to carry out objectives addressing public health Environmental and Food Safety Issues, essential public health activities and services. Due to the $78,000 decrease in General Transfer funding to the Nursing Division in FY13, which would have made it necessary to eliminate services in FY13, specifically Immunization and the STD clinics, the Department of State Health Services (DSHS) granted an emergency $20,000 for Rent and Utilities, allowing Nursing to continue to be housed in the current office building, but in a smaller Suite. In exchange, the Nursing Division would continue to offer an Immunization Clinic one day a week. Although no STD testing will be performed, DSHS-referred patients will continue to be treated by the Nursing Staff, as is currently the case.
History: Due to the Department of State Health Services policy changes to the Texas Vaccines for Children in January 2012, the Nursing Division experienced a 50-60% decrease in Revenue in FY12. The decrease in revenue, along with the $78,000 decrease in City General Transfer dollars to FY13, left no choice but to cut three positions plus public services in FY13, to include Immunizations and STD Clinics.
DSHS was compelled to assist because San Angelo is considered a HUB to the surrounding counties of DSHS Health Service Region 9/10 and the only local health department for 112 miles (Midland). Region 9/10, comprised of 36
counties, is serviced by five (5) local health departments: Andrews, City of Midland, City of El Paso, Ector County, and City of San Angelo.
Health Services Director reapplied for a DSHS Immunization Grant for FY14, but was denied and reference was made that there is no funding available for new or prior contractors. The San Angelo-Tom Green County Health Department had been a former recipient, last known to receive funding in 2005-06.
Financial Impact: The receipt of $20,000.00 will pay the rent and utilities of the Nursing Division for FY14.
Related Vision Item
(if applicable):
Other Information/ Recommendation:
Staff recommends approval.
Attachments: Resolution, Cover Page, and Addendum
Presentation: N/A
Publication: N/A
Reviewed by Director:
Rick Weise
Sandra J. Villarreal
Approved by Legal:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO RATIFYING THE APPLICATION AND CONTRACT FOR, AND ACCEPTING, IF AWARDED, ADDITIONAL FY2014 TEXAS DEPARTMENT OF STATE HEALTH SERVICES, REGIONAL LOCAL SERVICES SYSTEM (RLSS)/LOCAL PUBLIC HEALTH SERVICES (LPHS) GRANT FUNDS IN THE AMOUNT OF $20,000.00, TO ADDRESS PUBLIC HEALTH IMMUNIZATION AND DISEASE PREVENTION ACTIVITIES AND SERVICES
WHEREAS, the City of San Angelo applied for a FY14 Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Grant for $119,433.00; and, WHEREAS, the City of San Angelo has applied for additional Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) Grant funds in the amount of $20,000.00, to be used to address public health issues relating to Immunization and Disease Prevention activities and services; and, WHEREAS, the grant will permit the City of San Angelo to pay for Rent of Office Space and Utilities associated with Immunization and Disease Prevention activities and services ; and, WHEREAS, the RLSS/LPHS grant is recurring and generally so utilized for Public Health activities in the past:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS THAT:
That the application and contract for Texas Department of State Health Services Regional Local Services System (RLSS)/Local Public Health Services (LPHS) additional grant funds in the amount of $20,000.00, commencing September 1, 2013 and ending on August 31, 2014, to be used to pay rent and utilities associated with Immunization and Disease Prevention activities and services is hereby ratified and the additional grant of funds in the sum of $20,000.00, are hereby accepted if awarded. The City Manager or his designee is hereby authorized to execute such documents as may be necessary or desirable to accept the additional grant funds if awarded and provide for their application for the purposes stated.
PASSED and APPROVED THIS DAY OF , 2013.
CITY OF SAN ANGELO, TEXAS
ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Sandra Villarreal, Health Services Mgr. Lysia H. Bowling, City Attorney
* Enter the legal name of your organization in the space provided for "Legal Name of Respondent" on Form I -Budget Summary; doing so will populate the budget category detail templates with your organizations name.
* Complete each budget category detail template. Instructions for completing each budget category detail template are in a separate document. If a primary budget category detail template does not accommodate all items in your budget, use the respective supplemental budget template at the end of this workbook. The total of each supplemental category detail budget template will automatically populate to the last line of the respective primary budget category template.
* After you have completed each budget category detail form, go to Form I-Budget Summary and input other sources of funding manually (if any) in Columns 3 - 6 for each budget category.
* Refer to the table below the budget template table to verify that the amounts distributed ("Distribution Total") in each budget category equals the "Budget Total" for each respective category. Next, verify that the overall total of all distributions ("Distribution Totals") equals the Budget Total.
* Enter the total amount of "Program Income" anticipated for this program in row "K" under the "Total Budget" column (1). The total program income budgeted will be automatically allocated to each funding source based on the percentage of funding of the total budget. Information on program income is available in the DSHS Contractors Financial Procedures Manual located at the following web site: http://www.dshs.state.tx.us/contracts/
General Instructions for Completing Budget FormsDSHS Costs Only Budgeted on Detail Category Pages
(Examples and instructions for completing the Budget Category Detail Templates are in a separate Excel file located under Templates for Cost Reimbursement Budgets located at :
http://www.dshs.state.tx.us/grants/forms.shtm
5 HD San Angelo TGC HD_FY14_ RLSS_Nursing_Addendum_5_8_13 1
FORM I: BUDGET SUMMARY (REQUIRED)
Legal Name of Respondent:
DSHS Funds Direct Federal Other State Local Funding Other Requested Funds Agency Funds* Sources Funds
(2) (3) (4) (5) (6)A. Personnel $0 $0 $0 $0 $0 $0B. Fringe Benefits $0 $0 $0 $0 $0 $0C. Travel $0 $0 $0 $0 $0 $0D. Equipment $0 $0 $0 $0 $0 $0E. Supplies $1,943 $1,943 $0 $0 $0 $0F. Contractual $0 $0 $0 $0 $0 $0G. Other $18,057 $18,057 $0 $0 $0 $0H. Total Direct Costs $20,000 $20,000 $0 $0 $0 $0I. Indirect Costs $0 $0 $0 $0 $0 $0
J. Total (Sum of H and I) $20,000 $20,000 $0 $0 $0 $0
K. Program Income - Projected Earnings $0 $0
Personnel $0 $0 Fringe Benefits $0 $0Travel $0 $0 Equipment $0 $0
Supplies $1,943 $1,943 Contractual $0 $0Other $18,057 $18,057 Indirect Costs $0 $0
$20,000 $20,000
BudgetTotal
Distribution Totals Budget TotalTOTAL FOR:
San Angelo - Tom Green County Health Department
BudgetCatetory
DistributionTotal
BudgetTotal
BudgetCategory
DistributionTotal
*Letter(s) of good standing that validate the respondent’s programmatic, administrative, and financial capability must be placed after this form if respondent receives any funding from state agencies other than DSHS related to this project. If the respondent is a state agency or institution of higher education, letter(s) of good standing are not required. DO NOT include funding from other state agencies in column 4 or Federal sources in column 3 that is not related to activities being funded by this DSHS project.
Budget CategoriesTotal
Budget(1)
NOTE: The "Total Budget" amount for each Budget Category will have to be allocated (entered) manually among the funding sources. Enter amounts in whole dollars. After amounts have been entered for each funding source, verify that the "Distribution Total" below equals the respective amount under the "Total Budget" from column (1).
Check Totals For:
Revised: April 2011
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
FRINGE BENEFITS
0.00%
Fringe Benefits Total $0
Vacant Y/N Justification FTE's
Itemize the elements of fringe benefits in the space below:
Total Average Monthly
Salary/Wage
Number of
Months
San Angelo - Tom Green County Health Department
FORM I-1: PERSONNEL Budget Category Detail Form
Certification or License (Enter NA if
not required)
Fringe Benefit Rate %
Salary/Wages Requested for
Project
SalaryWage TotalTOTAL FROM PERSONNEL SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail FormLegal Name of Respondent:
Conference / Workshop Travel CostsDescription of
Conference/Workshop
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
$0
Total for Conference / Workshop Travel $0
TOTAL FROM TRAVEL SUPPLEMENTAL CONFERENCE/WORKSHOP BUDGET SHEETS
LocationCity/State
Number of:
Days/EmployeesTravel Costs
Justification
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Other / Local Travel CostsMileage
Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0
Indicate Policy Used: Respondent's Travel Policy
Other Costs(b)
$0
Total (a) + (b)
$0
$0
TOTAL FROM TRAVEL SUPPLEMENTAL OTHER/LOCAL TRAVEL COSTS BUDGET SHEETS $0
State of Texas Travel Policy
Total Travel Costs:
$0
$0
Total for Other / Local Travel
Mileage Reimbursement RateJustification
$0
$0
Number of Miles
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form
Total Amount Requested for Equipment:
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
TOTAL FROM EQUIPMENT SUPPLEMENTAL BUDGET SHEETS
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Medical Supplies Laboratory specimen collection containers, alcohol preps, hand sanitizer, needles, syringes, cotton balls, band aids, etc. $1,943
$0$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
Total Amount Requested for Supplies: $1,943
TOTAL FROM SUPPLIES SUPPLEMENTAL BUDGET SHEETS
FORM I-4: SUPPLIES Budget Category Detail Form
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. #of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (e.g., office, computer, medical, educational, etc.) See attached example for definition of supplies and detailed instructions to complete this form.
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT
(i.e., Monthly, Hourly, Unit, Lump
Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT (i.e., hourly rate, unit rate, lump sum
amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
San Angelo - Tom Green County Health Department
TOTAL FROM CONTRACTUAL SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost per unit)] Purpose & Justification Total Cost
Rent of SpaceClinical space for services to be perfomred (987 sq. ft. x $0.77 / sq. ft = $760 / month x 12 months) $9,120
Utilities prorated for sq. footage approx $360/mo x 12 months $4,320
Copier Rental Copier to be used for Immunization Records, correspondence, pamphlets/brochures, etc. $3,357
Biohazard Waste Removal Removal of biohazard waste and sharps containers $1,260$0$0$0$0$0$0$0$0$0$0$0$0$0$0
Total Amount Requested for Other: $18,057
FORM I-6: OTHER Budget Category Detail Form
San Angelo - Tom Green County Health Department
TOTAL FROM OTHER SUPPLEMENTAL BUDGET SHEETS
Revised: 7/6/2009
Legal Name of Respondent:
Amount: $0
_____
The respondent’s most recent indirect cost rate approved by a federal cognizant agency or state single audit coordinating agency. Expired rate agreements are not acceptable. Attach a copy of the rate agreement to this form (Form I - 7 Indirect)
RATE:BASE:
_____
Applies only to governmental entities . The respondent’s current central service cost rate or indirect cost rate based on a rate proposal prepared in accordance with OMB Circular A-87. Attach a copy of Certification of Cost Allocation Plan or Certification of Indirect Costs. Note: Governmental units with only a Central Service Cost Rate must also include the indirect cost of the governmental units department (i.e. Health Department). In this case indirect costs will be comprised of central service costs (determined by applying the rate) and the indirect costs of the governmental department. The allocation of indirect costs must be addressed in Part V - Indirect Cost Allocation of the Cost Allocation Plan that is submitted to DSHS
RATE:TYPE:BASE:
_____
A cost allocation plan. A cost allocation plan as specified in the DSHS Contractor's Financial Procedures Manual (CFPM), Appendix A must be submitted to DSHS within 60 days of the contract start date. The CFPM is available on the following internet web link: http://www.dshs.state.tx.us/contracts/
Indirect costs are based on (mark the statement that is applicable):
GO TO PAGE 2 (below)
FORM I - 7 Indirect Costs
San Angelo - Tom Green County Health Department
Total amount of indirect costs allocable to the project:
Revised: 7/6/2009
If using an central service or indirect cost rate, identify the types of costs that are included (being allocated) in the rate:
Page 2, FORM I - 7 Indirect Costs
Organizations that do not use an indirect cost rate and governmental entities with only a central service rate must identify the types of costs that will be allocated as indirect costs and the methodology used to allocate these costs in the space provided below. The costs/methodology must also be disclosed in Part V-Indirect Cost Allocation of the Cost Allocation Plan that is submitted to DSHS. Identify the types of costs that are being allocated as indirect costs, the allocation methodology, and the allocation base:
Revised: 7/6/2009
SUPPLEMENTAL FORMS INSTRUCTIONS
The budget templates (two per budget category) that follow are intended to supplement cost reimbursement budgets when there are too many items to fit on the primary budget template. Applicants that have utilized all the lines on the primary budget template must use the supplemental templates to list detail information for the respective budget category. For example, after all the lines on the primary budget template for Personnel (tab labled Form I - 1 Personnel) have been used, go to the supplemental template labled "Form I - 1a Personnel Supp” and if all the lines are used on this template, go to the next template labled "Form I - 1b Personnel". The amounts on each supplemental template will automatically total and the total from both templates will automatically be inserted on the last line of the primary budget template. The supplemental budget templates are:
-Form I-1 Personnel Supplemental
-Form I-2 Travel Supplemental
-Form I-3 Equipment Supplemental
-Form I-4 Supplies Supplemental
-Form I-5 Contractual Supplemental
-Form I-6 Other Supplemental
Revised: 7/6/2009
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0SalaryWage Total
San Angelo - Tom Green County Health Department
FORM I-1: PERSONNEL Budget Category Detail Form (Supplemental)
Certification or License (Enter NA if
not required)Vacant
Y/N Justification FTE's
Total Average Monthly
Salary/Wage
Number of
Months
Salary/Wages Requested for
Project
Revised: 7/6/2009
Legal Name of Respondent:
PERSONNELFunctional Title + Code
E = Existing or P = Proposed $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0SalaryWage Total
FORM I-1: PERSONNEL Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Vacant Y/N Justification FTE's
Certification or License (Enter NA if
not required)
Total Average Monthly
Salary/Wage
Number of
Months
Salary/Wages Requested for
Project
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail Form (Supplemental)Legal Name of Respondent:
Conference / Workshop Travel CostsDescription of Number of:
Conference/Workshop Days/Employees
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
Total for Conference / Workshop Travel $0
Other / Local Travel Costs
San Angelo - Tom Green County Health Department
Justification Travel Costs
Location(City, State)
Revised: 7/6/2009
Mileage Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0
$0
$0
$0
$0
$0
$0
Total Travel Costs:
$0
$0
Total (a) + (b)
Other CostsJustification(b)
Total for Other / Local Travel
$0
Number of Miles Mileage Reimbursement Rate
Revised: 7/6/2009
FORM I-2: TRAVEL Budget Category Detail Form (Supplemental)Legal Name of Respondent:
Conference / Workshop Travel CostsDescription of Number of:
Conference/Workshop Days/Employees
MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0MileageAirfareMealsLodgingOther Costs
Total $0
Total for Conference / Workshop Travel $0
Other / Local Travel Costs
San Angelo - Tom Green County Health Department
JustificationLocation
Travel Costs(City, State)
Revised: 7/6/2009
Mileage Cost(a)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Other / Local Travel Costs: $0 Conference / Workshop Travel Costs: $0 $0 Total Travel Costs:
$0
Total for Other / Local Travel
$0
$0
$0
$0
$0
$0
$0
$0
Total(b) (a) + (b)
JustificationNumber of
Miles Mileage Reimbursement Rate Other Costs
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0Total Amount Requested for Equipment:
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form (Supplemental)
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Purpose & JustificationNumber of
Units Cost Per Unit Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
FORM I-3: EQUIPMENT AND CONTROLLED ASSETS Budget Category Detail Form (Supplemental)
Total Amount Requested for Equipment:
Itemize, describe and justify the list below. Attach complete specifications or a copy of the purchase order. See attached example for equipment definition and detailed instructions to complete thisform.
San Angelo - Tom Green County Health Department
Description of Item
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Total Amount Requested for Supplies: $0
FORM I-4: SUPPLIES Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. # of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (i.e., office, computer, medical, client incentives, educational, etc.)
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, provide estimated quantity and cost (i.e. # of boxes & cost/box)] Purpose & Justification Total Cost
Total Amount Requested for Supplies: $0
FORM I-4: SUPPLIES Budget Category Detail Form (Supplemental)
Itemize and describe each supply item and provide an estimated quantity and cost (i.e. # of boxes & cost/box) if applicable. Provide a justification for each supply item. Costs maybe categorized by each general type (i.e., office, computer, medical, client incentives, educational, etc.)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT (i.e.
Monthly, Hourly, Unit, Lump Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT
(i.e. hourly rate, unit rate, lump sum amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
CONTRACTOR NAME (Agency or Individual)
DESCRIPTION OF SERVICES (Scope of Work) Justification
METHOD OF PAYMENT (i.e.
Monthly, Hourly, Unit, Lump Sum)
# of Months, Hours, Units,
etc.
RATE OF PAYMENT
(i.e. hourly rate, unit rate, lump sum amount)
Total Amount Requested for CONTRACTUAL:
FORM I-5: CONTRACTUAL Budget Category Detail Form (Supplemental)
List contracts for services related to the scope of work that is to be provided by a third party. If a third party is not yet identified, describe the service to be contracted and show coNamed.” Justification for any contract that delegates $100,000 or more of the scope of the project in the respondent’s funding request, must be attached behind this form.
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
TOTAL
$0$0$0$0$0$0$0$0$0$0
$0
ntractors as “To Be
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost/unit)] Purpose & Justification Total Cost
Total Amount Requested for Other: $0
FORM I-6: OTHER Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
Legal Name of Respondent:
Description of Item[If applicable, include quantity and cost/quantity (i.e. # of units & cost/unit)] Purpose & Justification Total Cost
Total Amount Requested for Other: $0
FORM I-6: OTHER Budget Category Detail Form (Supplemental)
San Angelo - Tom Green County Health Department
Revised: 7/6/2009
City of San Angelo
Memo Meeting Date: June 4, 2013
To: City Council members
From: Roxanne Johnston, Planner
Subject: Easement Release, a request for approval of a release of a utility/sewer easement passing through the following property:
Location: 3162 Appaloosa Circle; more specifically being The Bluffs Addition,
Third Replat of Tract H in Section 28, Block 44, being Lot 1A, in southwest San Angelo.
Contacts: Mike Ford, General Contractor 325-895-1070
Roxanne Johnston, Planner 325-657-4210
Caption: APPROVAL OF A RESOLUTION AUTHORIZING THE RELEASE OF AN EAST/WEST RUNNING UTILITY EASEMENT IN THE BLUFFS ADDITION, THIRD REPLAT IN SECTION 28, BLOCK 44, TRACT H, BEING LOT 1A IN SOUTHWEST SAN ANGELO
Summary: The City Council may:
• approve the proposed easement release as presented; or
• approve the proposed easement release, subject to conditions believed to be necessary; or
• deny the proposed easement release; Recommendation: City staff recommends approving the easement release, subject to conditions listed at the end of this report.
History and Background:
The applicant seeks to construct a building over an area where a 20’ utility easement now runs. The easement must officially be released before it can be relocated and then rededicated within the same property, away from the proposed building site, depicted on a separate instrument such as a plat or in field survey notes. General Information
Existing Zoning: Office Commercial (CO) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: CO Medical office West: CO Retail establishments South: CO Vacant property East: RS-1 Single-Family Residences
Thoroughfares/Streets: Appaloosa Circle is classifies as a “local street”
which is designed to carry light neighborhood traffic to collector streets.
Storm Water/Drainage: There will be no drainage issues if this easement
is released. Water/Sewer Utilities: The location of an existing manhole needs to be
depicted on the instrument releasing the easement.
Fire Protection: There will be no fire protection issues if this
easement is released. Access Management: There will be no access issues if this easement is
released. Private Utilities: Verizon will locate any facilities in the easement
now at the cost of the requestor. Brenda McWilliams at Verizon may be contacted at 325-949-0884. There are no further issues for
additional private utility companies if this easement is released.
Special Information
Staff is confident that the conditions listed below are the minimum necessary to ensure the proposed development is consistent with the policies adopted by the City of San Angelo.
Proposed Conditions
1. Establishment of a new easement through a replat or separate document prior to the release of the existing easement.
2. Providing the Water Utilities Department with a draft showing that the newly created easement overlays the existing sewer main alignment in order to verify the location of an existing manhole on the north/northwest property line.
3. Written clearance from Verizon that their facilities are within the newly created easement or have been relocated to their satisfaction.
Attachments: excerpt from zoning map, showing the general location within
the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and
excerpt from plat, highlighting easement to be released in
orange; minute excerpt from the May 20, 2013; and draft resolution. Presentation: Roxanne Johnston, Planner Reviewed By: Jeff Hintz, Interim Senior Planner (5/22/13)
A. The Bluffs Addition, Section 28, Block 44, Third Replat of Tract H, Being Lot 1A
A request for approval of a release of utility easement on the following property: 3162 Appaloosa Circle; more specifically being The Bluffs Addition, Third Replat of Tract H in Section 28, Block 44, being Lot 1A, in southwest San Angelo
RESOLUTION
A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY A 115.58 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF THE BLUFFS ADDITION, SECTION 28, TRACT H, BLOCK 44, LOT 1A IN SOUTHWEST SAN ANGELO, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT
RE: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN THE BLUFFS ADDITION, SECTION 28, TRACT H, LOT 1A, THIRD REPLAT OF BLOCK FORTY-FOUR, RUNNING SOUTHEAST TO NORTHWEST ALONG THE EASTERN SECTION OF SAID LOT1A, IN NORTHWEST SAN ANGELO
WHEREAS, on July 31 of 2008, officials of the City of San Angelo, executed the dedication of a 20-foot by 115.58-foot easement to the City of San Angelo, said easement extending across The Bluffs Addition, Block 44 Section 28, Tract H Lot1A, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, utilities will be relocated on said property outside of this easement; and WHEREAS, a utility easement to serve this property will be dedicated on a separate instrument in the future; and WHEREAS, a request has been made by the City of San Angelo Planning Division, to release the easement identified above; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Block 44 in the Third Replat of this Block within The Bluffs Addition to San Angelo, is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on July 31 of 2008, by instrument found on Slide 168 in Cabinet G of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the 4th day of June, 2013. THE CITY OF SAN ANGELO, TEXAS
_____________________________ Alvin New, Mayor ATTEST: ___________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Interim Director of Lysia H. Bowling, City Attorney Development Services
City of San Angelo
Memo Date: May 21, 2013
To: Mayor and Councilmembers
From: Maryann R. Vasquez, Recreation Manager
Subject: Agenda Item for June 4 Council Meeting
Contact: Maryann R. Vasquez, Recreation Manager, 325-657-4450
Caption: Regular Agenda
Consideration of approving the Parks and Recreation Advisory Board’s recommendation for waiving of fees for the Texas West Little League State Tournament, July 5-7 and 18-21, at Texas Bank Sports Complex. This request is being made through the Special Event application process for in-kind support.
Summary: Texas West Little League is seeking $14,093.75 in the form of in-kind support related to the use of Texas Bank Sports Complex for the Texas West Little League State Tournament in July 2013. Under the Special Events Policy, non-profit groups that seek in-kind support for an event must fill out an application for review.
History: The Special Events Policy includes a process for seeking in-kind support from the City for events. Local non-profit organizations seeking such support must submit an application detailing their request and the benefits of their event to the community. In 2012, a special event application was reviewed for an ASA Girls Allstar Tournament by the City Council on November 15, 2011 in the amount of $12,455 in in-kind support. The application was approved for $7,667.
Financial Impact: The City of San Angelo Texas Bank Sports Complex is an enterprise operation supported by earned revenue, general fund dollars, half-cent sales taxes. Approval of this request would mean this fund would bear the full expense for this unbudgeted expense.
Texas West Little League has received: COSADC $3000 Construction of a permanent pitching mound CVB $3500 Sports Committee Grant for Vendor Fee CVB in-kind $6700 Hotel rooms, fencing, tents etc. Total $13,200 According to Texas West Little League the tournament is expected to draw approximately 936 participants – most of whom will be from out of town – and 7,650 spectators, generating an estimated 2,000 room nights over the duration of the event and estimates the economic impact at $1.3 million (561 participants + 1500 spectators x
4 days x $164) Texas West Little League requests from the City Field rental = $3,493.75 17 fields of varying numbers over 4 days) Field Services = 4,800 4 people x $20/hour x 60 hours) Gate Fees= $2400 If gate is charged; fees applicable 4 gates x
$150 x 4 days Concessions= $3400** Texas West Little League Tournament is
providing their own concessions and the city will receive no revenue. The City’s portion of revenue is usually 20%*
Restroom Service= $525 1 person at $15/hour x 35 hours) request exclusion of this item.
Total $14,618.75 Requested from the City Grand Total 27,818.75 Total support from City/CVB/COSADC *To acquire this tournament, it was required to approve this, however, in the future, concession proceeds and who provides this service will be discussed on a case-by-case basis. This approval does not constitute future approvals of this nature to this event or any other event due to contractual obligations with San Angelo Host. (estimate from similar 66 team tournament is $1,700)
** Estimate of 20% revenue based on 66 team youth tournament over 2 days.
Related Vision Item
(if applicable):
N/A
Other Information/ Recommendation:
The Parks and Recreation Advisory Board unanimously recommended approval of $14,093.75 in in-kind support.
Attachments: Special Event Application Street Closure Permit CVB Application Texas West Little League Tournament Budget
Presentation: N/A
Publication: N/A
Reviewed by Director:
Carl White, Parks and Recreation Director
Approved by Legal: N/A
City of San Angelo
Memo Date: May 2, 2013
To: Mayor and Councilmembers
From: Angelica Peña, Civic Events
Subject: Agenda Item for June 4th 2013 Council Meeting
Contact: Angelica Peña, Civic Events, 325-653-9577
Caption: Consent Item
Consideration of approving variances to the City Code for the 7th Annual Drag Boat Races on June 21-23, 2013, at Lake Nasworthy.
Summary:
The variances required are identical to those granted for the past six events and pertain to noise, ATVs, camping and parking, permits for street closures and tents, signs, and provisions regulating the waters of Lake Nasworthy such as “No Wake” zones. The year, just as in year’s past, staff is requesting a waiver to allow vendors within 500 feet of boat ramps and City-owned property leased for commercial purposes, which has been the practice of past races.
History: This is the 7th consecutive year that San Angelo has hosted the Drag boat races on Lake Nasworthy.
Financial Impact: None directly related to this item. The economic impact of the event this year is estimated at 2.5 million.
Related Vision Item (if applicable):
Parks and Open Space Vision
• Increase recreation opportunities
Other Information/ Recommendation:
Staff recommends approval.
Attachments: Special Event Application with Supplement A (Exhibit A), List of Requested Variances (Exhibit B), and Release Form
Presentation: None
Publication: None
Reviewed by Carl White, Parks & Recreation Director, May 2, 2013
Director:
Approved by Legal: Yes
THE STATE OF TEXAS § § INDEMNIFICATION AGREEMENT
COUNTY OF TOM GREEN §
WHEREAS, SAN ANGELO CHAMBER OF COMMERCE, INC., a Texas nonprofit corporation (hereinafter referred to as “Chamber”), has requested the use of Lake Nasworthy, including the waters of Lake Nasworthy, the lands and subdivisions of Lake Nasworthy, and the facilities of Lake Nasworthy in San Angelo, Tom Green County, Texas, hereinafter collectively “the Property” or “the Premises” which property is owned by the CITY OF SAN ANGELO (hereinafter referred to as “City”) for purposes of the Showdown in San Angelo Drag Boat Races on June 21, 22 and 23, 2013; and
WHEREAS, in consideration of allowing the use of said property, the City has requested an indemnification agreement be executed by the appropriate officer of Chamber;
NOW THEREFORE, in consideration of permission to use said Premises on June 21, 22, and 23, 2013, including set up beginning June 17th, 2013 and clean up from June 23rd, 2013, through June 25th, 2013 Chamber hereby agrees to indemnify and save harmless the City, its agents and employees from and against any and all demands, suits, actions or claims of damage of every kind, for injury to or death of any person or persons and for damages to or loss of property, whether real or personal, arising out of or attributed, directly or indirectly, to the use of the Premises by Chamber, spectators or participants in the Drag Boat Races on June 21, 22, and 23, 2013, including set up beginning June 17th, 2013 and clean up June 23rd, 2013 through June 25th, 2013. In case of any action or proceeding brought against the City by reason of any such claim Chamber, upon notice from City, hereby covenants to defend such action or proceeding by counsel acceptable to City. Chamber further agrees that if City, in enforcement of any part of this Indemnification Agreement, shall incur necessary expenses or become obligated to pay attorneys’ fees or court costs, Chamber will reimburse such expenses, attorneys’ fees and costs within ninety (90) days after receiving written notice from City and/or Chamber of the incurring of such expenses, costs and obligations.
Executed this ______ day of __________________, 2013.
INDEMNITOR: INDEMNITEES: San Angelo Chamber of Commerce, Inc. City of San Angelo, Texas By: ___________________________ By: __________________________ Phil Neighbors, President Daniel Valenzuela, City Manager ATTEST: ATTEST: By: ___________________________ By________________________ _________________________ Alicia Ramirez, City Clerk
INDEMNIFICATION AGREEMENT BETWEEN CITY OF SAN ANGELO AND SAN ANGELO CHAMBER OF COMMERCE, INC APPROVED AS TO INSURANCE REQUIREMENT: APPROVED AS TO FORM: John Seaton, Risk Manager Lysia H. Bowling, City Attorney ______________ ______________ DATE DATE APPROVED AS TO CONTENT Angelica Peña, Civic Events Manager __________ DATE
DRAG BOAT RACE RELEASE FORM THE STATE OF TEXAS }
} RELEASE IN FULL OF ALL CLAIMS COUNTY OF TOM GREEN }
I, ____________________, (name) of ________________________________(street address) State of Texas, County of _________________, being over the age of 18, or having permission from a parent or guardian, in consideration of being permitted to participate in the Drag Boat Race conducted by LUCAS OIL DRAG BOAT ASSOCIATION, INC. (LODBA, Inc.) do hereby expressly release, waive, and forever discharge, in advance, THE CITY OF SAN ANGELO (CITY) and its employees and agents and the San Angelo Chamber of Commerce (“CHAMBER”) and its employees and agents, of and from all liability, actions, claims, demands, damages, costs, judgments, and executions either in law or in equity, which I may have or which may subsequently accrue to me, including any personal injuries or expenses, death, and/or injuries to property, real or personal, caused by, or arising out of my participation in said Drag Boat Race, regardless of whether such injuries, death, or damage are caused in whole or in part by the negligence or gross negligence of the persons or entities mentioned above. This release is intended to discharge in advance the CITY and CHAMBER, its agents and employees, from and against any and all liability arising out of, or connected in any way with my participation in said Drag Boat Race, even though that liability may arise out of negligence, gross negligence, or carelessness on the part of the persons or entities mentioned above and regardless of whether that negligence is the sole or concurring cause of the injury, death, or damage.
I acknowledge and understand that no warranty, either express or implied, is made by the CITY and CHAMBER as to the condition of the premises being used by LODBA, Inc. for the Drag Boat Race (herein premises) located in Tom Green County, Texas. I further understand that serious accidents and injuries may occur during participation in a drag boat race, and that participants and bystanders occasionally sustain mortal or serious personal injury and/or property damage, as a consequence thereof. This document is to warn me that dangerous conditions, risks, and hazards do exist. My presence and activities on the premises expose both me and my property to dangerous conditions, risks, and hazards, including but not limited to: general condition of the land and the lake, animals and other boats.
Knowing the risks associated with participation in said Drag Boat Race, nevertheless I hereby agree to assume those risks and to release and to hold harmless all of the persons and the entity mentioned above who might otherwise be liable to me (or my heirs or assigns) for damages, even though such damages may be caused by the negligence or gross negligence of the persons or entity mentioned above.
This release is given and signed with my intent of binding not only myself but also my heirs, executors, administrators, and assigns to said release, waiver, covenant, and discharge. As used in this release, the terms I, my person and myself include minors in my care while on the premises.
I agree to accept and to abide by the ordinances of the CITY relating to Lake Nasworthy and the rules, terms and conditions of the Drag Boat Race. I HAVE CAREFULLY READ THE FOREGOING RELEASE, UNDERSTAND ITS TERMS, AND EXECUTE IT VOLUNTARILY, WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
Dated and signed this ______ day of ________________________, 2013. __________________________________ ____________________________________ Participant's Signature and DOB Participant’s Printed Name __________________________________ ____________________________________ Parent or Guardian of Participant Parent or Guardian’s Printed Name (if under 18 years of age)
EXHIBIT A SUPPLEMENT TO SPECIAL EVENTS PERMIT Showdown in San Angelo, Drag Boat Races
Permit Holder: San Angelo Chamber of Commerce (hereinafter “CC”) 418 W. Ave. B, San Angelo, TX 76903 Name Phone Contact Persons: Jenni Hutcheson 212-8604; 655-4136 Location of Event: Lake Nasworthy: Middle Concho/Grassy Meadows, Spring Creek, and
Mary Lee Park (hereinafter “Area”) (see attached maps for location of Special Events area)
Name of Event: Showdown in San Angelo, Boat Races (hereinafter “Event”) Date of Event: 12:01 a.m. June 21 through 12:00 a.m. June 23, 2013 Set up: 5:30 a.m. June 17 through Midnight, June 21, 2013 Anticipated Attendance: 15,000 Hours of Operation: 7:00 a.m. through 10:00 p.m. June 21 7:00 a.m. through 10:00 p.m. June 22 7:00 a.m. through dark June 23 This permit is issued to the San Angelo Chamber of Commerce by the City of San Angelo (hereinafter “City”) subject to the conditions and requirements set forth below. CC has contracted with the Lucas Oil Drag Boat Association, Inc. (hereinafter “LODBA”) to conduct the drag boat races and the requirements and permitted activities set forth herein shall apply to LODBA as appropriate. Permitted Activities 1) CC and LODBA may conduct drag boat races during the dates set out above. 2) CC and LODBA may operate all terrain vehicles in the Area during the Event. 3) CC and LODBA may designate and restrict access to areas for parking, camping,
vendors, racers and crews and spectators. No general RV camping will be allowed at Spring Creek (except for at the separately leased property). Only event camping of sponsors, staff, and racers will be allowed.
4) CC and LODBA may set up tents and signs and allow vendors in the Area subject to
any regulations set out in this Permit. 5) CC may close park drives as designated on the attached maps.
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6) CC may prohibit access to the race area by all unauthorized people and boats from
June 17 at 7:00 a.m. until the track is disassembled on June 23, 2013. 7) CC may restrict Grassy Meadows and Spring Creek parks to exclusive use for the
Event from Sunday, June 17 at 7:00 a.m. until dark on Sunday, June 23, 2013. 8) CC may prohibit awnings and coolers that are larger than 50 quarts in the spectator
viewing and vending areas. CC may also prohibit camping at locations other than in the designated recreational vehicle parking areas.
9) No boats will be permitted at Middle Concho Park from Wednesday, June 20 to Monday, June 24, 2013. 10) CC may collect the following fees during the Event in the Area: Spectator $15.00 – 1 day $25.00 – 2 day At Gate $20.00 - 1 day $30.00 – 2 day Middle Concho Park Recreational Vehicle Parking $25.00 per day plus 2 day
Event fee per person in vehicle
This fee shall also apply to people wishing to camp in tents in recreational vehicle area.
Cooler Passes $20 for the entire weekend. 11) Grassy Meadows camping only -- $300-$350 package: includes RV parking on
track, cooler pass for two days, 2 two-day event tickets, and two day car pass
Requirements for Permit Holder (“CC”) 1) Sanitation
a. CC shall provide a total of no less than Fifty (50) Port-A-Potties (2 with handicap access). Thirty (30) Port-A-Potties (1 with handicap access) shall be placed in the Spring Creek area and Twenty (20) Port-A-Potties (1 with handicap access) shall be placed in the Grassy Meadows area.
b. CC will provide garbage dumpsters for the Area. c. During the Event, CC will maintain the permanent restrooms located in the
Area. d. CC will clean up Area at the conclusion of the Event.
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2) Security
a. CC shall provide all security in the Area by using San Angelo Police Officers, Lake and Park Police Officers, and Sheriff’s Office. The number of officers needed shall be determined by the Chief of Police, the Chief of Lake and Park Police, and the Sheriff.
b. Under no circumstances may anyone, other than a duly authorized police officer, use force beyond that which is allowed to any citizen, to enforce any law or the rules of the Event.
c. Overnight gate security will be provided by the Goodfellow Airforce Base military personnel.
3) Insurance and Indemnification
a. CC shall provide, and/or require LODBA to provide, insurance as required by the City of San Angelo’s Claims Manager and shall provide proof of such insurance.
b. As deemed appropriate by the City Attorney, CC shall provide City with an Indemnification Agreement(s) executed by CC and LODBA and Releases executed by race participants, on forms approved by the City Attorney.
4) Barricades and Fencing
a. CC shall provide and set up barricades for the direction of traffic. b. CC shall barricade, fence or otherwise designate areas for parking, camping,
spectators, vendors, racers and crews, and any other necessary designations. (See attached maps for designations.)
5) Parking
CC shall provide designated parking areas for recreational vehicles, handicapped parking, and all other vehicles.
6) Volunteers
a. CC will provide volunteers to assist with directing visitors and checking individual’s authority to be or remain in the Area.
b. Such volunteers are not agents of the City for any purpose, including, but not limited to, law enforcement. The City does not direct or authorize the manner in which they perform their duties. Under no circumstances may volunteers, other than a duly authorized police officer, use force beyond that which is allowed to any citizen, to enforce any law or the rules of the Event.
7) Vendors a. CC may allow vendors in the Area, including closer than 500 feet to boat
launch areas and closer than 500 feet to any City-owned property leased for commercial purposes.
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b. Vendors shall obtain all necessary health permits and shall have appropriate liability insurance and an active Sales and Use Tax Permit.
c. CC shall not issue a vendor permit for this event unless vendor complies with Section (b) above.
d. CC shall use city concessionaire for the sale of all alcoholic beverages during event.
9) Fees to City
a. CC shall pay City for security services other than the in-kind given to the CC. b. CC shall remit to City $2.00 per spectator ticket sold at gate. c. CC shall remit to City $12.00 per day for each recreational vehicle parking fee
collected on Middle Concho Park/Grassy Meadows. 10) Traffic Control
CC shall work with the San Angelo Police Department to develop a traffic control plan for the Event.
The City Manager or his designees (including Officer Randy Harris) shall have the authority to require CC to comply with the above listed requirements and to correct any deficiencies. In case of a threat to the public health or safety, the City Manager or his designee may suspend operation of the Event until deficiencies are corrected. Variances Will be provided separately. Authority of City to Regulate Event The City Manager or his designee shall have the authority to interpret this Permit and/or adopt new rules during the Event to ensure public health and safety and proper use of all public rights-of-way. The City Manager or his designee shall be the final authority with regard to interpretation of the provisions of this Permit. Carl White Parks & Recreation Director
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EXHIBIT B TO THE 2013 DRAG BOAT RACES PERMIT
Variances 1) Conduct of this Event shall not constitute a violation of the City’s noise ordinances. 2) Notwithstanding City ordinances to the contrary, Chamber of Commerce (CC) may operate all-terrain vehicles in the Area during the Event. 3) Notwithstanding City ordinances to the contrary, CC may restrict camping, parking and access to areas designated as restricted by CC for the duration of the Event and during the set-up period. 4) Notwithstanding City ordinances to the contrary, CC shall not be required to obtain permits for street closure, tents, vendors (except for health permits) and signs. 5) Notwithstanding City ordinances to the contrary, flags, banners and informational signs shall be allowed for the Event. Placement shall be coordinated and approve by the City Manager or his designee. 6) To the extent that conduct of this event is in violation of the City’s ordinances regulating activities on the public property and waters of Lake Nasworthy (including, but not limited to, “no wake zones,” speed limits, placement of objects in the water, and entrance and camping fees), the provisions of this Permit shall constitute a variance from such regulations.
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AGENDA INFORMATION SHEET AGENDA ITEM NO. ____________________
BACKGROUND In 2008 the Atmos Texas Municipalities (ATM) approved the initial Rate Review Mechanism (RRM) for the Mid-Tex Division of Atmos Energy (“Atmos”). That RRM was in effect from 2008 and expired at the end of 2011. The RRM provides the ATM cities a process for reviewing Atmos’ cost of service on an annual basis and is a substitute to the legislatively approved interim rate process at the Commission known as the Gas Reliability Infrastructure Program (“GRIP”). During 2011, ATM, through the law firm of Herrera & Boyle, PLLC and rate consultants retained on behalf of ATM, participated in a series of negotiations with representatives from Atmos Energy with the goal of arriving at a revised RRM. Those discussions had a deadline of December 31, 2011, but the ATM and Atmos Energy were not able to reach a new agreement on a revised RRM. Under the terms of the RRM then in place, Atmos was to file a traditional rate case with the ATM cities and the Railroad Commission of Texas (RCT) early in 2012. But the parties nonetheless agreed that once the general rate case was concluded, that they would again attempt to reach agreement on a revised RRM. Atmos filed its general rate case in January 2012 that was processed at the Railroad Commission as GUD No. 10170. Following the conclusion of that rate proceeding, Atmos approached the cities to continue negotiations of a new RRM. Over the course of several months in 2013 the firm of Herrera & Boyle, with the assistance of expert consultants, engaged in negotiations with Atmos regarding the implementation and design of a new RRM. The negotiations resulted in a revised RRM that captures many of the decisions made by the Railroad Commission in GUD No. 10170. The RRM replaces and all GRIP filings that Atmos would otherwise submit annually. The RRM minimizes the cost of review and avoids expenses associated with full rate proceedings. The RRM provides a city:
1. The opportunity to review all of Atmos’ Operation & Maintenance (O&M) expenses for reasonableness; if a city believes an expense is unreasonable it may exclude it from recovery in rates;
2. The opportunity to review all of Atmos’ capital investments for reasonableness; if a city believes a capital investment is imprudent, it may exclude it from recovery in rates;
APPROVAL OF RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION
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3. A review of all of Atmos’ revenues so that any increases in revenue can offset a proposed increase in rates;
4. A opportunity to seek information from the Company (that is, to conduct discovery) to help the City assess the validity of Atmos’ proposed increase in rates;
5. A cap on the amount by which the customer charge can increase; rate increases cannot increase the customer charge by more than the lesser of 40% of the customer charge, or $0.50; further there will be no customer charge increase in the first RRM filing;
6. Reimbursement of the City’s cost to undertake its review; and 7. In the end, a fixed reduction of $3 million to what the RRM mechanism
would otherwise show to be Atmos’ revenue requirement, adjusted by a percentage equal to the total percentage increase in revenue that the RRM would otherwise authorize.
By contrast, the GRIP process provides cities no meaningful opportunity to participate in setting rates or to undertake a meaningful review of the basis for the increase Atmos may seek in a GRIP filing. GRIP filings constitute single-issue ratemaking based on limited facts favoring rate increases and provide:
1. No meaningful participation by cities; 2. No review of increases in revenue that could offset the level of increase
that may be needed under the GRIP filing; 3. No review of Atmos’ O&M expenses that may serve to offset increases
under a GRIP filing; 4. No consideration of very favorable depreciation treatment under the
federal tax code that can affect the utility’s accumulated deferred federal income taxes (ADFIT);
5. No reimbursement for a city’s review of Atmos’ filing; and 6. All increases are recovered through an increase in the customer charge.
The RRM provides the City a meaningful opportunity to annually review Atmos’ expenses and investments, whereas a GRIP filing focuses only on the incremental change in investments. Note by approving the RRM this resolution, it would not impact rates at this time, but would instead establish the parameters of future RRM filings that Atmos would make beginning in July, 2013. Going forward, new rates would result from collaboration between Atmos and the cities it serves. Any changes in actual charges that Atmos and its cities agree to would be approved in future resolutions. In the first year of the RRM (2013), Atmos would file its request under the RRM on July 15, 2013 with new rates going into effect on October 15. In subsequent years, the filing would take place by March 1 with new rates going into effect on June 1 of that year. All customers would be notified of each new RRM filing by bill insert. The RRM would be in effect for a four-year period (2013-2017).
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The City should take action no later than June 2013. ATMOS TEXAS MUNICIPALITIES The Atmos Texas Municipalities (“ATM”) group was organized by a number of municipalities served by Atmos; the City is a member of the ATM coalition of cities. The law firm of Herrera & Boyle, PLLC (through Mr. Alfred R. Herrera) has previously represented the ATM in rate cases involving Atmos. RECOMMENDATION: APPROVAL OF MID-TEX RRM – RATE REVIEW MECHANISM ATM’s Special Counsel and the consultants engaged by ATM recommend that the City approve Atmos’ RRM. ATM’s counsel and consulting experts have engaged in settlement negotiations and secured better terms than those initially offered by Atmos. The RRM’s design is substantially more preferable than the GRIP filings.
ATM’s Special Counsel and its consultants believe that the results of the negotiated RRM would provide the City a better opportunity to control the outcome of interim rate reviews over the next several years. Absent this agreement, the City will be exposed to annual GRIP filings that it will have almost no ability to review or influence. Furthermore, Atmos could also initiate another full rate proceeding and/or request that the Railroad Commission approve an RRM that Atmos has designed without the City’s input. Nothing in the proposed RRM would limit the legal rights and duties of the City. A City may initiate a rate proceeding at any time to review whether the rates charges are just and reasonable. The Company also retains its right to initiate a rate proceeding in accordance with Texas Utilities Code. The City should approve the RRM. The City should take action no later than June 2013. Attachments: Resolution and Attachment A
3562140.1 1
A RESOLUTION BY THE CITY OF SAN ANGELO, TEXAS (“CITY”), APPROVING AND ADOPTING RATE SCHEDULE “RRM – RATE REVIEW MECHANISM” FOR ATMOS ENERGY CORPORATION, MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY.
WHEREAS, the City of San Angelo, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a regulatory authority under the Gas Utility Regulatory Act
(“GURA”) and under § 103.001 of GURA has exclusive original jurisdiction over the rates,
operations and services of Atmos Mid-Tex within the municipality; and
WHEREAS, the City as a member of the coalition of cities served by Atmos Mid-Tex
known as the Atmos Texas Municipalities (“ATM”); and
WHEREAS, the City previously approved a Rate Review Mechanism (“RRM”) Tariff
that allows for an alternative, negotiated rate review process to facilitate annual changes in gas
utility rates reflective of Atmos Mid-Tex’s annual system-wide cost of providing service in lieu
of an interim rate adjustment through a legislatively-constructed Gas Reliability Infrastructure
Program (“GRIP”); and
WHEREAS, the RRM process permits City review of requested rate changes and
provides for a review of Atmos Mid-Tex’s total cost of service on an annual basis; and
WHEREAS, the initial RRM tariff expired in 2011; and
3562140.1 2
WHEREAS, ATM, through its Special Counsel in conjunction with experts retained on
behalf of ATM, negotiated with Atmos Mid-Tex to develop a new RRM process that would
annually adjust rates in lieu of rate adjustments through annual GRIP filings or full rate cases at
the Railroad Commission; and
WHEREAS, the renewal of the RRM process may avoid costly rate case litigation; and
WHEREAS, ATM’s legal counsel recommend ATM member cities approve the
negotiated RRM; and
WHEREAS, the attached Rate Schedule “RRM – Rate Review Mechanism” (“RRM
Tariff”) provides for a reasonable rate review process that is to be utilized in lieu of GRIP
filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN ANGELO, TEXAS THAT:
Section 1. That the findings set forth in this Resolution are hereby in all things approved.
Section 2. That the City Council finds that the RRM Tariff, which is attached hereto and
incorporated herein as "Attachment A,” is reasonable and in the public interest, and from the
effective date of this Resolution is in force and effect in the City.
Section 3. That to the extent any resolution or Resolution previously adopted by the City
Council is inconsistent with this Resolution, it is hereby repealed.
Section 4. That the meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
3562140.1 3
Section 5. That if any one or more sections or clauses of this Resolution is judged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Resolution and the remaining provisions of the Resolution shall be interpreted
as if the offending section or clause never existed.
Section 6. That this Resolution shall become effective from and after its passage.
Section 7. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of
Christopher Felan, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation,
5420 LBJ Freeway, Suite 1600, Dallas, Texas 75240 and to Mr. Alfred R. Herrera, Herrera &
Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701.
.
PASSED AND APPROVED this 4th day of June, 2013.
CITY OF SAN ANGELO, TEXAS
_________________________________ Alvin New, Mayor
ATTEST:
__________________________________ Alicia Ramirez, City Clerk APPROVED AS TO FORM: __________________________________ Lysia H. Bowling, City Attorney
3562140.1 4
ATTACHMENT A
RATE REVIEW MECHANISM (RRM)
BILLS RENDERED ON AND AFTER OCTOBER 15, 2013
Last Annual Effective Date: June 1, 2017
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in the Mid-Tex Division of Atmos Energy Corporation (“Company”) except such customers within the City of Dallas. This Rate Review Mechanism (“RRM”) provides for an annual adjustment to the Company’s Rate Schedules R, C, I and T (“Applicable Rate Schedules”). Rate calculations and adjustments required by this tariff shall be determined on a System-Wide cost basis. II. Definitions “Test Period” is defined as the twelve months ending December 31 of each preceding calendar year. The “Effective Date” is the date that adjustments required by this tariff are applied to customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is October 15, 2013. Unless otherwise noted in this tariff, the term “Final Order” refers the final order issued by the Railroad Commission of Texas in GUD 10170. The term “System-Wide” means all incorporated and unincorporated areas served by the Company. “Review Period” is defined as the period from the Filing Date until the Effective Date. The “Filing Date” is as early as practicable but no later than March 1 of each year with the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual Effective Date is June 1, 2017. III. Calculation The RRM shall calculate an annual, System-Wide cost of service (“COS”) that will be used to adjust applicable rate schedules prospectively as of the Effective Date. The annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD - ADJ
Where:
OM = all reasonable and necessary operation and maintenance expenses from the Test Period adjusted for known and measurable items and prepared
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
consistent with the rate making treatments approved in the Final Order. Known and measurable adjustments shall be limited to those changes that have occurred prior to the Filing Date. OM may be adjusted for atypical and non-recurring items. Shared Services allocation factors shall be recalculated each year based on the latest component factors used during the Test Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order. RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate making treatments approved in the Final Order, except that no post Test Period adjustments will be permitted. Pretax return is the Company's weighted average cost of capital before income taxes. The Company's weighted average cost of capital is calculated using the methodology from the Final Order including the Company's actual capital structure and long term cost of debt as of the Test Period end (adjusted for any known and measurable changes) and the return on equity from the Final Order. However, in no event will the percentage of equity exceed 55%. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained. Cash working capital will be calculated using the lead/lag days approved in the Final Order. With respect to pension and other postemployment benefits, the Company will record a regulatory asset or liability for these costs until the amounts are included in the next annual rate adjustment implemented under this tariff. Each year, the Company’s filing under this Rider RRM will clearly state the level of pension and other postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before the Filing Date, and prepared consistent with the rate making treatments approved in the Final Order.
CD = interest on customer deposits. ADJ = Downward adjustment to the overall, System-Wide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total percentage increase in base-rate revenue sought pursuant to this tariff.
IV. Annual Rate Adjustment
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 3 OF 6 The Company shall provide schedules and work papers supporting the Filing’s revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. The result shall be reflected in the proposed new rates to be established for the effective period. The Revenue Requirement will be apportioned to customer classes in the same manner that Company’s Revenue Requirement was apportioned in the Final Order. For the Residential Class, 40% of the increase may be recovered in the customer charge. The increase to the Residential customer charge shall not exceed $0.50 per month in any given year. The remainder of the Residential Class increase not collected in the customer charge will be recovered in the usage charge. The Company will forgo any change in the Residential customer charge with the first proposed rate adjustment pursuant to this tariff. For all other classes, the change in rates will be apportioned between the customer charge and the usage charge, consistent with the Final Order. Test Period billing determinants shall be adjusted and normalized according to the methodology utilized in the Final Order. V. Filing The Company shall file schedules annually with the regulatory authority having original jurisdiction over the Company's rates on or before the Filing Date that support the proposed rate adjustments. The schedules shall be in the same general format as the cost of service model and relied-upon files upon which the Final Order was based. A proof of rates and a copy of current and proposed tariffs shall also be included with the filing. The filing shall be made in electronic form where practical. The Company’s filing shall conform to Minimum Filing Requirements (to be agreed upon by the parties), which will contain a minimum amount of information that will assist the regulatory authority in its review and analysis of the filing. The Company and regulatory authority will endeavor to hold a technical conference regarding the filing within ten (10) calendar days after the Filing Date. The 2013 Filing Date will be July 15, 2013 A sworn statement shall be filed by an Officer of the Company affirming that the filed schedules are in compliance with the provisions of this Rate Review Mechanism and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed, but a brief narrative explanation shall be provided of any changes to corporate structure, accounting methodologies, allocation of common costs, or atypical or non- recurring items included in the filing. VI. Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall review and render a decision on the Company's proposed rate adjustment prior to the
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 4 OF 6 Effective Date. The Company shall provide all supplemental information requested to ensure an opportunity for adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within seven (7) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the proposed rate adjustment into compliance with the provisions of this tariff. The regulatory authority may disallow any net plant investment that is not shown to be prudently incurred. Approval by the regulatory authority of net plant investment pursuant to the provisions of this tariff shall constitute a finding that such net plant investment was prudently incurred. Such finding of prudence shall not be subject to further review in a subsequent RRM or Statement of Intent filing. During the Review Period, the Company and the regulatory authority will work collaboratively and seek agreement on the level of rate adjustments. If, at the end of the Review Period, the Company and the regulatory authority have not reached agreement, the regulatory authority shall take action to modify or deny the proposed rate adjustments. The Company shall have the right to appeal the regulatory authority's action to the Railroad Commission of Texas. Upon the filing of an appeal of the regulatory authority's order relating to an annual RRM filing with the Railroad Commission of Texas, the regulatory authority having original jurisdiction over the Company's rates shall not oppose the implementation of the Company's proposed rates subject to refund, nor will the regulatory authority advocate for the imposition of a third party surety bond by the Company. Any refund shall be limited to and determined based on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in the appeal filed by the Company at the Railroad Commission of Texas. In the event that the regulatory authority and Company agree to a rate adjustment(s) that is different from the adjustment(s) requested in the Company’s filing, the Company shall file compliance tariffs consistent with the agreement. No action on the part of the regulatory authority shall be required to allow the rate adjustment(s) to become effective on June 1. To the extent that the regulatory authority does not take action on the Company's RRM filing by May 31, the rates proposed in the Company's filing shall be deemed approved effective June 1. (2013 filing RRM rate will be effective October 15, 2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory authority may choose to take affirmative action to approve a rate adjustment under this tariff. In those instances where such approval cannot reasonably occur by May 31, the rates finally approved by the regulatory authority shall be deemed effective as of June 1. To defray the cost, if any, of regulatory authorities conducting a review of the Company's annual RRM filing, the Company shall reimburse the regulatory authorities on a monthly basis for their reasonable expenses incurred upon submission of invoices
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 5 OF 6 for such review. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. A regulatory authority seeking reimbursement under this provision shall submit its request for reimbursement to the Company no later than August 1 of the year in which the RRM filing is made and the Company shall reimburse regulatory authorities in accordance with this provision on or before August 30 of the year the RRM filing is made. To the extent possible, the provisions of the Final Order shall be applied by the regulatory authority in determining whether to approve or disapprove of Company’s proposed rate adjustment. This Rider RRM does not limit the legal rights and duties of a regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate proceeding at any time to review whether rates charged are just and reasonable. Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code, Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The annual rate adjustment process set forth in this tariff shall remain in effect during the pendency of any Statement of Intent rate filing. VII. Reconsideration, Appeal and Unresolved Items Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). VIII. Notice Notice of each annual RRM filing shall be provided by including the notice, in conspicuous form, in the bill of each directly affected customer no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. The notice to customers shall include the following information:
a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected customer;
ATMOS ENERGY CORPORATION MID-TEX DIVISION RATE SCHEDULE: RRM – Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS CUSTOMERS
EFFECTIVE DATE:
Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company’s address, telephone number and website where information concerning the proposed rate adjustment be obtained.
City of San Angelo Office of the City Clerk
Memo Date: May 22, 2013
To: Mayor and Councilmembers
From: Alicia Ramirez, City Clerk
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: Alicia Ramirez, City Clerk, 657-4405
Caption: Consent Item
Consideration of adopting a Resolution appointing election officials for the Runoff Election to be held on June 15, 2013; and providing for an effective date
Summary: The City Council authorized the use of the same polling locations for the Runoff Election as designated in the General/Special Election held on May 11, 2013. The Resolution appointing election officials, judges and alternates for the Runoff Election is a routine action required by the Election Code. In the majority of the polling places, both the judges and alternates have previously served for City elections. In all polling places, either the judge or alternate has experience in serving for elections. In addition, State Law requires the presiding judge of an election precinct to make reasonable efforts to appoint a sufficient number of election clerks who are fluent in both English and Spanish to serve the needs of the Spanish-speaking voters of the precinct, if five percent (5%) or more of the inhabitants are persons of Spanish origin or descent. Most precincts will include two (2) election clerks. In accordance with the Election Services Contract with the Tom Green County Elections Administrator previously approved by the Council, the list of judges and alternates is provided by the Elections Administrator and is responsible for ensuring reasonable efforts to serve Spanish-speaking voters.
Financial Impact: The expense of the Runoff Election for a city-wide election is estimated at a total cost of $30,000.00 to $40,000.00.
Other Information/Recommendation: On the final two days of early voting by personal appearance, the Election Administrator’s office and branch location hours will be designated from 7:00 a.m. until 7:00 p.m., beginning on June 10 and ending June 11, 2013.
Staff recommends adoption of the Resolution. The Resolution designating the polling locations and Contract for joint election services was authorized in December 6, 2011; however, should extenuating circumstances occur which require the relocation of any of the designated polling locations, the Election Administrator shall advise the entities if changes should occur.
Attachments: Resolution appointing Election Judges
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, APPOINTING ELECTION OFFICIALS FOR THE RUNOFF ELECTION TO BE HELD ON JUNE 15, 2013; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of San Angelo adopted Resolution #2013-05-073 calling for the
Runoff Election on June 15, 2013; and WHEREAS, the City of San Angelo adopted Resolution #2013-02-026 designating polling places within the election precincts within the City of San Angelo, Texas for elections ordered; and
WHEREAS, the Texas Election Code Section 32.005 authorizes the City Council to appoint election judges for the designated polling places, within the election precincts within the City of San Angelo, Texas for elections ordered by the City; and
WHEREAS, by this Resolution, it is the intention of the City Council to appoint
election officials and judges to each early voting and election day polling place within the designated election precinct; and WHEREAS, the City entered into a Master Interlocal Agreement with Tom Green County and Tom Green County Election Administration, et. al. which provides for election services to be provided by the County and that the Election Administrator arrange for the use of the polling places and furnish a list of judges and alternates for each polling place for appointment by City; NOW THEREFORE, BE IT RESOLVED: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein.
SECTION 2: APPOINTMENT OF ELECTION JUDGES AND ALTERNATES FOR THE CITY’S ELECTION PRECINCTS FOR THE RUNOFF ELECTION TO BE HELD ON JUNE 15, 2013: The election judges and alternates assigned to the designated election precincts within the City, are hereby appointed as set forth in Exhibit "A", attached hereto and incorporated herein for all purposes.
SECTION 3: APPOINTMENT OF SUBSTITUTE ELECTION JUDGES: The City further authorizes the City Clerk to appoint substitute election judges in the event the individuals appointed herein are unable to fulfill their duties.
SECTION 4: NECESSARY ACTIONS: The Mayor and the City Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code, the Texas Election Code and any other state or federal law in carrying out and designating polling placing, whether or not expressly authorized herein and all actions previously taken are hereby ratified.
SECTION 5: EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED on this 4th day of June, 2013.
THE CITY OF SAN ANGELO, TEXAS
___________________________ Alvin New, Mayor
ATTEST: _______________________ Alicia Ramirez, City Clerk Approved As to Content: Approved As to Form: Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney
Exhibit “A”
DESIGNATION OF ELECTION JUDGES AND ALTERNATE JUDGES FOR DESIGNATED POLLING PLACES FOR JUNE 15, 2013 RUNOFF ELECTION
ELECTION DAY POLLING LOCATIONS OPEN FROM 7:00 A.M. TO 7:00 P.M.
EARLY VOTING BRANCH LOCATIONS OPEN FROM JUNE 3, 2013 THROUGH JUNE 7, 2013, FROM 8:00 A.M. - 5:00 P.M., AND JUNE 10, 2013 THROUGH JUNE 11, 2013, FROM 7:00 A.M. – 7:00 P.M.
• Main Tom Green County Election Office 113 W. Beauregard, 2nd Floor • River Place Senior Apartments 501 S. Irene • Victory Christian Center 1620 Sunset Dr. • Assembly of God Church 1442 Edmund Blvd. • Plaza del Sol Apartments 4359 Oak Grove Blvd
Election Day Dia de las Elecciones
June 15, 2013, 7 am to 7 pm El 15 de junio, 2013, desde las 7 hasta las 7
Voters in precincts 114, 137, and 144 vote at Belmore Baptist Church-Fellowship Hall, 1214 S. Bell St. Votantes en precintos 114, 137, y 144, votar en Belmore Baptist Church-Fellowship Hall, 1214 South Bell ELECTION JUDGE: David McMahon, Judge and Nelda Englert, Alternate Judge Voters in precincts 106, 107, 124, and 146 vote at Baptist Memorial Hospital, 902 N. Main, Chapel Votantes en precintos 106, 107, 124, y 146 votan en la capilla de Baptist Memorial Hospital, 902 Main al Norte. ELECTION JUDGE: Mark Gregory, Judge and Maggie Fernandez, Alternate Judge Voters in precincts 228, and 230 vote at Southgate Church of Christ, 528 Country Club Rd. Votantes dentro precintos 228, y 230 votan en Southgate Church of Christ, 528 Country Club Road. ELECTION JUDGE: Sid Clemmer, Judge and Carol Cahill, Alternate Judge Voters in precincts 215 and 241 vote at Texas Department of Transportation, 4502 Knickerbocker Rd., Bldg. E Votantes en precintos 215 y 241 votan en el Departamento de Transporte de Texas, 4502 Knickerbocker Road, Edificio "E". ELECTION JUDGE: Charlie Hafer, Judge and Sue Bramhall, Alternate Judge Voters in precincts 304, 306, and 348 vote at Lakeview Bible Church, 4825 Grape Creek Rd. Votantes en precintos 304, 306, y 348 votan en Lakeview Bible Church, 4825 Grape Creek Road ELECTION JUDGE: Gloria Mata, Judge and Aurora Rodriguez , Alternate Judge Voters in precincts 305, 308, 319, 327, and 351 vote at Ángelo Bible Church, 3506 Sherwood Way. Votantes en precintos 305, 308, 319, 327, y 351 votan en Ángelo Bible Church, 3506 Sherwood Way. ELECTION JUDGE: Sandi Smith, Judge and Charlene Corfield , Alternate Judge Voters in precincts 402, 420, 421, and 424 vote at Plaza del Sol Apartments, 4359 Oak Grove Blvd. Votantes en precintos 402, 420, 421, y 424 votan en Plaza del Sol Apartments, 4359 Oak Grove Boulevard ELECTION JUDGE: John Graham, Judge and Mitch Krasny, Alternate Judge Voters in precincts 401, 434, 435, and 436 vote at MHMR Services, 1501 W. Beauregard Ave. Votantes en precintos 401, 434. 435 y 436 votan en Servicios de MHMR 1501 Beauregard, Oeste. ELECTION JUDGE: Ivey Mossell, Judge and Jim Jones, Alternate Judge
Early Voting by personal appearance and mail, 113 W. Beauregard
Vona McKerley, Early Voting Clerk Alicia Ramirez, Deputy Early Voting Clerk Rudy Olivas, Deputy Early Voting Clerk Vanessa Simon, Deputy Early Voting Clerk Early Voting Ballot Board, 113 W. Beauregard Katherine Osborne, Chairperson CLERKS: Lenda Campbell, Stella Hodges, Connie DelaRosa, Anita Betty, Linda Martin, and Charlene Schmidt Central Counting Station and Manual Count, 113 W. Beauregard Ray Raquena, Presiding Judge Vona McKerley, Manager Rudy Olivas, Technical Supervisor CLERKS: John Stone, Barbara Stone, Kevin Burke, Gwenn Neill, Mike Granados, and Stephen Radloff TECHNICAL CLERKS: John Stone and Barbara Stone Tom Green County Sherriff, Security DOCK: Bob Boyles and Danny List Precinct Records and Voted Ballots Storage, 113 W. Beauregard Vona McKerley, Agent to General Custodian Alicia Ramirez, General Custodian of Special Election Records
City of San Angelo Finance Department
Memo Date: May 15, 2013
To: Mayor and Councilmembers
From: Laura Brooks, Budget Analyst, Sr.
Subject: Agenda Item for May 21, 2013 Council Meeting
Contact: Morgan Chegwidden, Budget Manager, 653-6291
Caption: Regular (1st reading) Consent (2
nd reading)
First public hearing and introduction of an Ordinance amending the 2012-2013 Budget for new projects, incomplete projects, capital projects and grants.
Summary: This proposed amendment contains the following items (additional information attached):
City of San Angelo Operating Budget
• Energy Recovery Rebate • PHEP Grant Local Match • Nursing Program STD Grant • Pedestrian Bridge • Burial Containers • Community Housing Development • Avenue P Street & Drainage Improvement • 2013 Mill & Overlay Projects
History: See attached Budget Amendment Request memorandum.
Financial Impact: $1,920,470 (see attached detail on Exhibit A of the Ordinance)
Related Vision Item (if applicable): N/A
Other Information/Recommendation: Staff recommends approval.
Attachments: Ordinance including Exhibit A; Department request memos
Presentation: N/A
Publication: N/A
Reviewed by Service Area Director: Michael Dane, ACM/CFO
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR NEW
PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS,
AND GRANTS.
WHEREAS the City of San Angelo has determined that new projects not included in the
current budget should begin, and
WHEREAS the City of San Angelo has determined that certain budgeted amounts should
be amended due to project changes and unforeseen circumstances, and
WHEREAS the resources necessary for these changes are available;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO, TEXAS THAT:
The City’s budget for fiscal year 2012-2013 be amended by the amounts contained in
Exhibit A.
INTRODUCED on the 21st day of May, 2013, and APPROVED and ADOPTED on this
the 4th day of June, 2013.
CITY OF SAN ANGELO, TEXAS
__________________________________ Alvin New, Mayor
ATTEST:
__________________________________
Alicia Ramirez, City Clerk
Approved as to Content and Form:
__________________________________
Michael Dane, Assistant City Manager/CFO
City of San Angelo
Proposed Budget Amendment
Exhibit A
Fund Description Total
Revenue Amendment
Total Expense
Amendment
Net Benefit/(Cost)
COSA Operating Budget
101 General Fund 27,330 27,330 0
103 Intergovernmental Fund 36,637 36,637 0
320 Property & Casualty Fund – Fund Balance
0 84,000 (84,000)
440 Cemetery Fund 16,200 16,200 0
483 HOME Fund 1,303 1,303 0
502 General Capital Fund 0 1,755,000 (1,755,000)
Totals 81,470 1,920,470 (1,839,000)
City of San Angelo Proposed Budget Amendment Additional Information
Project/Need Source of Funding Revenue Expense Net Benefit/ (Cost)
AEP Energy Recovery Rebate
AEP Energy Recovery Rebate
5,298 5,298 0
PHEP Grant Local Match
General Fund- Fund Balance/PHEP Grant
22,032 22,032 0
Nursing Program STD Clinic 1115 Waiver Funds 36,637 36,637 0
Pedestrian Bridge
Property/Casualty Fund –Fund Balance
0 84,000 (84,000)
Burial Containers
Container Sales Revenue
16,200 16,200 0
Community Housing Development HOME Funds 1,303 1,303 0
Avenue P Street & Drainage Improvement
Capital Projects Fund-Fund Balance
0 755,000 (755,000)
2013 Mill & Overlay Projects Capital Projects Fund-Fund Balance
0 1,000,000 (1,000,000)
Totals 81,470 1,920,470 (1,850,016)
City of San Angelo
Memo Date: May 20, 2013
To: Mayor and Councilmembers
From: Ricky Dickson, Water Utilities Director
Subject: Consent Item for June 4, 2013 Council Meeting
Contact: Ricky Dickson, Water Utilities Director, 657-4209
Caption: Consideration of approving new lake lot residential leases with the following Lessees and authorizing the Mayor, City Manager, or Water Utilities Director to execute the same::
(1) Rodney Simpson; Lot 19, Group 2, commonly known as 2029 American Legion; and
(2) Ebba Furlong, at Lot 1, Group 16, commonly known as 2262 Joy Road;
Summary: Each Lessee requests a new 40 year leases necessary for financing purposes
History: Each Lessee is in good standing as to all lease obligations.
Financial Impact:
(1) Rodney Simpson: Current Yearly Lease Fee $683. Current Lease expires: September 30, 2013 New Lease Fees: 2013-2016 $820.00 2017-2052 Market Value
(2) Ebba Furlong Current Yearly Lease Fee $364 Current Lease Expires: September 30, 2017
New Lease Fees: 2013-2016 $408.00 2017-2052 Market Value
Related Vision Item (if applicable): None. Other Information/Recommendation: It is recommended that the lease renewals be approved and the Water Utilities Director be authorized to execute the lease. Staff recommends approval. Attachments: Lease Renewal Agreement (Rodney Simpson); (Ebba Furlong)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Water Utilities Director, May 20, 2013.
Reviewed by Office of City Attorney: Lysia H. Bowling, City Attorney, May 24, 2013
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Ebba Furlong whose address is 2262 Joy Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:
Lot 1, Group 16, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2262 Joy Road ).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2013 Through 2016 $408.00
For the Years 2017 Through 2052 Market Value *
* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.
HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.
NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.
DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor 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, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.
NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:
LESSEE: Ebba Furlong 2262 Joy Road San Angelo, Texas 76904 LESSOR: City of San Angelo
Attn: Water Utilities Director 72 W. College Avenue San Angelo, Texas 76903
EXECUTED in duplicate originals on the _____day of _____________________,
2013 by: LESSEE(S)
Ebba Furlong STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________, 20____ by Ebba Furlong.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director Water Utilities Department
STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo, Tom Green County, Texas 76903, and Rodney Simpson whose address is 2029 American Legion Road, San Angelo, Texas 76904.
I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:
Lot 19, Group 2, Lake Nasworthy Addition, according to the map or plat of said Lake Nasworthy Campsites in the custody of the Water Utilities Department of the City of San Angelo (also commonly known as 2029 American Legion Road ).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years beginning May 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00, which payment includes the granting fee, receipt of which payment is hereby acknowledged, and the further consideration of Lessee's payment of future annual rent in accordance with subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions hereinafter set forth.
TIME AND MANNER OF PAYMENT 2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72 W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time to time designate by written notice to Lessee. Such rent shall be paid annually on or before May 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2014 Through 2016 $820.00
For the Years 2017 Through 2052 Market Value *
* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.
HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.
TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.
WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater
ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and
in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.
NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.
DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of
the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.
X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.
XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the
County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.
XIII. ABANDONMENT, DEFAULT AND REMEDIES
NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.
POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.
OTHER REMEDIES
13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor 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, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.
NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:
LESSEE: Rodney Simpson 2029 American Legion Road San Angelo, Texas 76904 LESSOR: City of San Angelo
Attn: Water Utilities Director 72 W. College Avenue San Angelo, Texas 76903
EXECUTED in duplicate originals on the _____day of _____________________,
2013 by: LESSEE(S)
Rodney Simpson STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________, 20____ by Rodney Simpson.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
Ricky Dickson, Director Water Utilities Department
STATE OF TEXAS § COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of
________________, 2013, by Ricky Dickson, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
City of San Angelo
Memo Date: May 22, 2013
To: Mayor and Councilmembers
From: Luis Elguezabal, A.A.E., Airport Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: CONTACT NAME, DEPARTMENT, PHONE# (Staff member responsible for background and staff member who will present the item at the meeting)
Caption: CONSENT
CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT No. 1 TO LEASE SR75/63.846 AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND U.S. DEPARTMENT OF HOMELAND SECURITY AT SAN ANGELO REGIONAL AIRPORT
Summary: U.S. Department of Homeland Security leases a 2.01 acre tract of airport land on 5575 Stewart Lane. Supplemental Lease Agreement No.1 to Lease # SR75/63.846 expired on May 31, 2013. Homeland Security is requesting a 2nd Supplemental Lease Agreement to extend the term of the lease for 12 months or pending the award of a long term lease
History: The previous agreement was in the amount of $9,624.96 annually at the rate of $802.08 per month
Financial Impact: During the extended term, the Government shall pay the Lessor annual rent of $11,608.68 at the rate of $922.39 per month, in arrears.
Inceased by $120.31 per month, or $1,443.72 Annually.
Related Vision Item
(if applicable):
None
Other Information/ Recommendation:
Staff recommends approval
Attachments: Supplemental Agreement No. 2 and Resolution
Presentation: None
Publication: None
Reviewed by Luis Elguezabal, A.A.E., Airport, 05-22-13
Director:
Approved by Legal: Submitted to City Attorney for Approval
City of San Angelo
Memo Date: May 22, 2013
To: Mayor and Councilmembers
From: Luis Elguezabal, A.A.E., Airport Director
Subject: Agenda Item for June 4, 2013 Council Meeting
Contact: CONTACT NAME, DEPARTMENT, PHONE# (Staff member responsible for background and staff member who will present the item at the meeting)
Caption: CONSENT
CONSIDERATION OF AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SUPPLEMENTAL LEASE AGREEMENT No. 1 TO LEASE SR75/63.846 AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND U.S. DEPARTMENT OF HOMELAND SECURITY AT SAN ANGELO REGIONAL AIRPORT
Summary: U.S. Department of Homeland Security leases a 2.01 acre tract of airport land on 5575 Stewart Lane. Supplemental Lease Agreement No.1 to Lease # SR75/63.846 expired on May 31, 2013. Homeland Security is requesting a 2nd Supplemental Lease Agreement to extend the term of the lease for 12 months or pending the award of a long term lease
History: l The previous agreement was in the amount of $9,624.96 annually at the rate of $802.08 per month
Financial Impact: During the extended term, the Government shall pay the Lessor annual rent of $11,608.68 at the rate of $922.39 per month, in arrears.
Inceased by $120.31 per month, or $1,443.72 Annually.
Related Vision Item
(if applicable):
None
Other Information/
Recommendation:
Staff recommends approval
Attachments: Supplemental Agreement No. 2 and Resolution
Presentation: None
Publication: None
Reviewed by
Director:
Luis Elguezabal, A.A.E., Airport, 05-22-13
Approved by Legal: Submitted to City Attorney for Approval
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Jeff Hintz, Interim Senior Planner
Subject: Vision Plan Amendment to the Comprehensive Plan for the following area of the City:
Location: Properties situated south and east from the intersection of Dan
Hanks Lane and South Chadbourne Street and extending eastward on the south side of South Chadbourne Street, continuing to Old Eola Road, then southwards along South Loop 306, encompassing the existing City Limits and properties situated just outside the current City Limits in the far southeast portion of San Angelo. Please see attached maps included with this report for a more detailed depiction.
Purpose: Approval or modification of this request will forward that
recommendation to City Council for a final decision on the matter.
Contacts: Jeff Hintz, Interim Senior Planner 325-657-4210 Caption: APPROVAL OF AN AMENDMENT TO VISION PLAN COMPONENT
OF THE SAN ANGELO COMPREHENSIVE PLAN UPDATE ADOPTED IN 2009, SPECIFICALLY PROPERTIES SITUATED SOUTH AND EAST FROM THE INTERSECTION OF DAN HANKS LANE AND SOUTH CHADBOURNE STREET AND EXTENDING EASTWARD ON THE SOUTH SIDE OF SOUTH CHADBOURNE STREET, CONTINUING TO OLD EOLA ROAD, THEN SOUTHWARDS ALONG SOUTH LOOP 306, ENCOMPASSING THE EXISTING CITY LIMITS AND PROPERTIES SITUATED JUST OUTSIDE THE CURRENT CITY LIMITS IN THE FAR SOUTHEAST PORTION OF SAN ANGELO.
Summary: The City Council may:
Approve the proposed Vision Plan map amendments as presented; Remand the Vision Plan map back to Planning Commission for further discussion; or Deny the proposed Vision Plan Map Amendment in its entirety or on a property by property basis.
Recommendation: Planning staff recommends approving the proposed Vision Plan Map Amendments. Planning Commission recommended approval of these amendments by a 6-0 vote on May 20, 2013.
History and Background:
Properties forming the "leg" at the southeastern edge of the City Limits were annexed into the City Limits in 1990. The remainder of this area has been incorporated into the City Limits since at least the mid 1950's. The remainder of these properties are outside the City Limits at this time.
Analysis: The staff recommendation is based upon the statements listed below.
This area is home to numerous developments at different ends of the land use spectrum. As one moves east and south starting from the northwest corner of this particular area, there is a very rural feeling about this area. The Planning for this area must be done proactively and with the current uses and predicted future uses in mind. As the area continues to grow and thrive, it needs to do so in harmony with the rest of the community. This area is home to many fields and generally undeveloped tracts of land. There are pockets of higher density residential in this area; the majority of the acreage surveyed in this review of the area is certainly overwhelmingly agricultural or undeveloped. In terms of occurrence, the predominant theme was residential of some nature with the exception of properties along Dan Hanks Lane and South Chadbourne Street. This northwestern corner is home to several industrial contractors and businesses. At the current moment in time, there are acres of undeveloped properties between the residential uses and these more intensive, higher intensity land uses present in the study area. Since the development has not yet occurred, now is an ideal time for City Staff in various departments to take a look at how the area functions and to see if any changes need to be made for this area. This proposal was sent to the Water Utilities Department, the Metropolitan Panning Organization (MPO), City Engineering Division, Texas Department of Transportation, and the Economic Development Department within the City. All of these Divisions and Departments have input and reactions to this proposal
as the decisions that are made based upon this Vision Plan Map effect more than just the Planning Division. Water Utilities and MPO both saw no issues in terms of transportation effects for the region and ability to serve the area with water/sewer services as the subdivision process occurs and utilities and streets are improved and dedicated. This area has a multitude of thoroughfares planned through it, as such there will be ample opportunities for utilities to be run in public rights of way and for traffic to circulate. From a City Engineering and storm water management standpoint, these proposed amendments do not create any access issues or create storm water problems that will need to be addressed now or in the immediate future. As the area develops, depending upon the development and locations, some type of storm water mitigation may be required. This requirement is not as a result of this amendment, but rather as a part of the general development process. The bulk of the changes occur east of Dan Hanks Lake and just south along Chadbourne Street. The current Vision Plan Map has “Industrial” envisioned development directly adjacent to “Neighborhood” envisioned development. Given that this area has not yet developed, now would be an ideal time to shape the growth and promote land uses that are more consistent with one another when in such close proximity. Currently, the likelihood for conflict in the future is more certain than not; as a result, some careful envisioning of the area needs to take place before it is an issue in the future. At the same time, staff is well aware of the development patterns in the community and this area and sees the need to create successful industrial areas that are isolated from residentially envisioned areas of the community. The proposed Vision Plan Amendment adds commercial and industrial development in a manner that promotes the long term reality of neighborhoods in this area and the higher intensity development alike. Neighborhood Centers have been located at key nodes to serve the envisioned neighborhoods in this portion of the community. Commercial envisioned areas just south of Goodfellow Air Force Base could allow for some public-private partnerships with the base that the current Vision Plan Map does not realize; these commercially envisioned areas can also serve as buffers to the envisioned neighborhoods from the more intense corridors of FM 1223 and Chadbourne Street. The Harvest Acres subdivision is almost entirely built out at this time and features over 90% of lots which have an accessory structure of some kind. As this area continues to grow, less of a rural feel is likely; in addition, by preserving this as neighborhood, the area will be set for infill development in the future or a higher density residential nature as people look to add accessory apartments or convert units to duplexes for family or guests alike. The development of this nature is highly successful at this time as a much higher density than a "Rural" intent would mean within the Comprehensive Plan. As the development grows, it needs to be planned as such; staff finds that a neighborhood designation is in-line with the current and anticipated growth of several of these areas. By looking at this area before it begins to develop, citizens, property owners, and developers alike can be assured of a consistent and unified goal for development in this area. This consistent and predictable development is what investors and landowners alike need to be confident when making business and monetary decisions to develop.
The Planning Commission, citizens, and City Council have an opportunity to shape an area before if develops just once; it is of the utmost importance it be done correctly and in a manner that allows some flexibility, yet at the same time provides for predictability. Once an area starts to develop, contrasting uses and unintended consequences can remain for decades; elected officials and staff have few chances to go back and create fixes to mistakes. City staff is confident this proposed amendment will lead to sustainable, predictable development in this region of the community; as a result, this region will likely flourish and could provide a steady tax base in the future if it develops as predicted based upon anticipated and current land use trends. To come up with the attachments, Planning Staff first was directed to look into this area by the Planning Commission. Staff spent the next several weeks speaking with various city departments and divisions, including Engineering, TX DOT, MPO, Storm water, and Water Utilities for about two hours. Generally Census Data is obtained for the area, but the tracts in this area expanded outside the area of study and the data sets would not match what was studied in this case. Staff also collectively spent about four hours in this area to learn exactly what was happening on the ground and where it was happening. After this, staff entered the data into the GIS mapping program and began to analyze the area based upon current land use observations and those of historical aerial photographs; this analysis took staff around six hours collectively. At that point, the current Vision Plan Map was examined for some potential changes based upon the research and staff's knowledge of the goals of the Comprehensive Plan; this mapping and development of an amended map took approximately two hours in this case. As a result of all these things, the following attachments are intended to provide some insight as to how staff reached the recommendation and the evidence used to reach these conclusions.
Attachments: Land Use Map of the area; Current Vision Plan Map of the area; Proposed Vision Plan Map of the area; Draft minutes from May 20, 2013 Planning Commission
meeting; and Land Use survey results.
Presentation: Jeff Hintz, Interim Senior Planner Reviewed by: AJ Fawver, AICP, Interim Director of Development Services (05/15/13)
Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
Note: Colored dashed lines indicate future planned extensions of thoroughfares, they have not been completed at this time
VII. Discussion and possible action to amend portions of the Vision Plan
Component of the 2009 update to the San Angelo Comprehensive Plan,
specifically Properties situated south and east from the intersection of Dan
Hanks Lane and South Chadbourne Street and extending eastward on the
south side of South Chadbourne Street, continuing to Old Eola Road, then
southwards along South Loop 306, encompassing the existing City Limits and
properties situated just outside the current City Limits in the far southeast
portion of San Angelo.
Jeff Hintz, Interim Senior Planner came forward to present this proposed amendment and gave some background to the Commission regarding the origination of this as a request from an applicant representing a property owner. Currently the Vision Plan has a large area of Neighborhood Envisioned development directly adjacent to an Industrial envisioned area. The applicant was seeking to develop a section of the neighborhood envisioned area in a higher intensity commercial or industrial manner. After a field review of the area, staff entered data and visited with a variety of City Divisions and Departments to come up with the recommendation based upon evidence and findings of fact based upon this research. Mr. Hintz explained the recommendation and how it was reached and offered to address any questions the Commission had.
Mr. Grimes inquired about the expansion of the existing industrial area and how that
decision was reached. Mr. Hintz explained that the area saw several successful developments presently and that this isolated are of the community with no residences presently on this side of FM 1223 would be an ideal area to expand Industrial development. By adding in commercial zones, planned thoroughfares, and transitional zones, the Industrial envisioned areas can be buffered from the neighborhood areas existing and anticipated in the future.
Ryan Smith made a motion to approve this request as presented by staff. Bill Wynne inquired about a lunch meeting to discuss this area and perhaps be
more familiar with it. Mr. Smith had inquired if this background information was included in packet
distributed to the Commission; Mr. Hintz confirmed that it indeed had been included. Joe Grimes seconded the Motion by Mr. Smith and the motion to approve as
presented passed unanimously 6-0.
SubDesc Legal land_use land_cat
WILD BILL ADDITION NORTH 1.1800 ACRES OUT OF TRACT 2 SECTION 3house HDR
WILD BILL ADDITION BEING 4.5990 ACRES SECTION 3 industrial contractor IS
WILD BILL ADDITION MIDDLE .5160 ACRE OF TRACT 2 SECTION 3house HDR
WILD BILL ADDITION SOUTH 2.06 ACRES OUT OF TRACT 2 SECTION 3house HDR
WILD BILL ADDITION 9.2500 ACRES TRACT 2 SECTION 2 vacant paintball VLC
WILD BILL ADDITION 2.00 AC TRACT 1 SECTION 1 haircut business PS
SUNSET INDUSTRIAL PARK LOT 3 SECTION 2 industrial yard IS
MESQUITE ACRES 2 ACRES OUT OF 11.9330 ACRES BEING OUT OF TRACT 4 & EAST 1.933 ACREShome LDR
MESQUITE ACRES 11.9330 ACRES - BEING TRACT 1 & & WEST 3.1340 AC OF TRACT 2home LDR
MESQUITE ACRES 11.9330 ACRES BEING EAST 4.866 ACS TRACT 2 & WEST 7.067 ACS TRACT 3home LDR
HAYWORTH S/D TRACTS 1 & 2 BEING 2.8890 ACRES house LDR
HARVEST ACRES S/D LOT 2 BEING 2.401 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 15 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 16 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 13 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 14 BEING 1.015 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 25 BEING .975 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 14 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 3 BEING 0.9210 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 13 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 12 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 4 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 11 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 5 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 10 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 6 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 9 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 8 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 7 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 7 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 8 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 6 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 9 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 5 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 4 SECTION 2 home HDR
HARVEST ACRES S/D LOT 10 BEING .9180 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 3 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 11 & SE 0.08 AC OUT OF LOT 12 LESS 0.08 AC OUT OF NW PT OF LOT 11home w/ accessory HDR
HARVEST ACRES S/D LOT 2 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 1 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 12 & NW 0.08 AC OUT OF LOT 11 LESS 0.08 AC OUT OF SE PT OF LOT 12home w/ accessory HDR
HARVEST ACRES S/D LOT 2 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 3 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 4 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 5 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 6 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 7 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 8 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 9 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 10 BEING 1.492 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 20 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 21 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 22 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 23 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 24 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 25 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 26 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 27 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 28 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 11 BEING 1.015 ACRES & .189 AC OF LOT 12home w/ accessory HDR
HARVEST ACRES S/D LOT 12 BEING .8260 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 13 BEING 1.015 ACRES home HDR
HARVEST ACRES S/D LOT 29 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 1 BEING 2.047 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 1 BEING 0.9610 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 19 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 17 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 14 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 17 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 18 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 19 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 20 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 21 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 22 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 23 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 24 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 25 SECTION 3 home HDR
HARVEST ACRES S/D LOT 12 SECTION 3 home HDR
HARVEST ACRES S/D LOT 18 SECTION 2 home w/ accessory HDR
HARVEST ACRES S/D LOT 11 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 10 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 9 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 8 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 7 SECTION 3 home HDR
HARVEST ACRES S/D LOT 6 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 5 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 4 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 3 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 2 SECTION 3 home w/ accessory HDR
HARVEST ACRES S/D LOT 1 SECTION 3 home HDR
HARVEST ACRES S/D LOT 16 SECTION 3 home HDR
HARVEST ACRES S/D LOT 15 SECTION 3 home HDR
HARVEST ACRES S/D LOT 24 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 23 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 22 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 21 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 20 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 19 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 18 BEING 1.692 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 17 BEING 1.692 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 16 BEING 1.354 ACRES home w/ accessory HDR
HARVEST ACRES S/D LOT 15 BEING .865 ACRES home w/ accessory HDR
GTE - RSU TRACTS 0.2380 ACRE home and agriculture LDR
GIBSON ANN ADDITION 1.0000 ACRE TRACT house LDR
CATCLAW HILL S/D TRACT 12 SECTION 2 BEING 0.888 AC home LDR
CATCLAW HILL S/D TRACT 11 SECTION 2 BEING 1.002 ACS home LDR
CATCLAW HILL S/D 1.7800 ACRES IN LOT 1 home LDR
CATCLAW HILL S/D 1.7300 ACRES IN LOT 2 home LDR
CATCLAW HILL S/D 1.7800 ACRES IN LOT 3 home LDR
CATCLAW HILL S/D LOT 4 1.6600 ACRES OF home LDR
CATCLAW HILL S/D 1.5800 ACRES IN LOT 7 home & shop LDR
CATCLAW HILL S/D 1.0000 ACRES IN LOT 6 home LDR
CATCLAW HILL S/D 1.0000 ACRES IN LOT 5 home & shop LDR
CATCLAW HILL S/D LOT 8-A BEING 1.147 ACRES (REPLAT) home & shop LDR
CATCLAW HILL S/D LOT 8-B BEING 1.402 ACRES (REPLAT) home & shop LDR
CATCLAW HILL S/D LOT 8-C BEING 1.413 ACRES (REPLAT) home & shop LDR
CATCLAW HILL S/D 4.3400 ACRES IN LOT 10 home & shop LDR
CATCLAW HILL S/D 5.3500 ACRES IN LOT 9 home LDR
BRADSHAW ADDN LOTS 2, 3 & 4 AND WEST 309.25 FT OF LOTS 5 & 6sop and homesite LDR
BRADSHAW ADDN LOT 1 & EAST 1/4 OF LOTS 5 & 6 driveway HDR
ATKINSON AIRPORT S/D LOT 1 & .0570 ACRE OUT OF L P MOORESUR 169.50 ABST 1637home and agriculture LDR
ATKINSON AIRPORT S/D LOT 2A - BEING 1.6300 ACRES REPLAT OF LOT 2home and agriculture LDR
ATKINSON AIRPORT S/D 0.7720 ACRE IN LOT 3 home and agriculture LDR
ATKINSON AIRPORT S/D 1.1780 ACRES OUT OF TRACT 3 home and agriculture LDR
ATKINSON AIRPORT S/D LOT 4 home and agriculture LDR
ATKINSON AIRPORT S/D 2.0000 ACRES BEING LOT 5 home and agriculture LDR
ATKINSON AIRPORT S/D 4.0000 ACRES IN LOTS 6 & 7 home and agriculture LDR
ATKINSON AIRPORT S/D 1.0000 ACRE IN LOT 9 home and agriculture LDR
ATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDR
ATKINSON AIRPORT S/D LOT 8 & LOTS 10 THRU 17 home and agriculture LDR
A-7545 S-0001 L E ALLEN 0.9200 ACRE BEING A 200' X 200' TRACT OUT OF A 3.0100 ACREShome LDR
A-7545 S-0001 L E ALLEN 2.0900 ACRES home LDR
A-7545 S-0001 L E ALLEN 1.867 ACRES home LDR
A-7278 S-0160 C F POTTER 5.4000 ACRES IN C F POTTER SURVEY AND L E ALLEN SURVEY #1Basic Energy yard and shop IS
A-7278 S-0160 C F POTTER 1.1470 ACRES BEING 200' X 250' tire storage/repair property IS
A-7278 S-0160 C F POTTER 8.0500 ACRES yard for oil supplies IS
A-7278 S-0160 C F POTTER 9.4250 ACRES Patterson industrial services IS
A-7278 S-0160 C F POTTER 1.5750 ACRES house HDR
A-7278 S-0160 C F POTTER 1.1700 ACRES industrial contractor IS
A-7278 S-0160 C F POTTER .3954 ACRES BEING 60' X 287.09' contractor-industrial IS
A-7278 S-0160 C F POTTER 3.4300 ACRES house HDR
A-7278 S-0160 C F POTTER 4.0000 ACRES yard and contractor IS
A-7278 S-0160 C F POTTER 4.4350 ACRES vacant VLC
A-7278 S-0160 C F POTTER 1.5000 ACRES vacasnt VLC
A-7278 S-0160 C F POTTER 5.2350 ACRES self service warehouses PS
A-7278 S-0160 C F POTTER 33.0000 ACRES vacant FIE
A-7278 S-0160 C F POTTER 52.541 ACRES IN LE ALLEN SUR 1 & CFPOTTER SUR 160 &LP MOORE SUR 1691/2vacant FIE
A-5760 S-95.50 J W BRANSON 9.3800 ACRES BEING UNDIVIDED 1/3 INTEREST IN 28.1390 ACREShome and agriculture LDR
A-1637 S-169 1/2 L P MOORE 4.0000 ACRES home and shop LDR
A-1637 S-169 1/2 L P MOORE 2.0000 ACRES home and shop LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF MILLER TRACT home and shop LDR
A-1637 S-169 1/2 L P MOORE 1.3300 ACRES home and shop LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE OUT OF SOUTH PART OF ORIGINAL 71.5000 ACREShome and shop LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE home and shop LDR
A-1637 S-169 1/2 L P MOORE 4.4800 ACRES UND 1/3 INT IN 13.4400ACRES IN PART OF TRACT 15home and agriculture LDR
A-1637 S-169 1/2 L P MOORE 3.9180 ACRES home and agriculture LDR
A-1637 S-169 1/2 L P MOORE 1.3520 ACRES - CONSIST OF 1.23 AC TRACT & A 0.122 ACRE TRACThome and agriculture LDR
A-1637 S-169 1/2 L P MOORE .5940 ACRES home and shop LDR
A-1637 S-169 1/2 L P MOORE 2.0000 ACRES house LDR
A-1637 S-169 1/2 L P MOORE 2.9870 ACRES agricultural FIE
A-1637 S-169 1/2 L P MOORE 2.0080 ACRES house LDR
A-1637 S-169 1/2 L P MOORE 2.0080 ACRES house LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDR
A-1637 S-169 1/2 L P MOORE 1.0000 ACRE house LDR
A-1637 S-169 1/2 L P MOORE 4.4800 ACRES UND 1/3 INT IN 13.4400ACRES IN PART OF TRACT 15agricultural FIE
A-1637 S-0169 1/2 L P MOORE 10.0000 ACRES (NOT RECORDED AT 669-472-) 2/03/78aggregate pit IS
A-1637 S-0169 1/2 L P MOORE 5.9830 ACRES vacant FIE
A-1637 S-0169 1/2 L P MOORE 5.0040 ACRES universal IS
A-1637 S-0169 1/2 L P MOORE 7.8000 ACRE TR unable to verify FIE
A-1637 S-0169 1/2 L P MOORE 12.4020 ACRES vacant FIE
A-1637 S-0169 1/2 L P MOORE 23.3720 ACRES aggregate pit IS
A-1637 S-0169 1/2 L P MOORE 15.0000 ACRES vacant FIE
A-1637 S-0169 1/2 L P MOORE 55.0210 ACS BEING A 49.126 AC TR & A 5.895 AC TRvacant FIE
A-1637 S-0169 1/2 L P MOORE 1.0000 ACRE house LDR
A-1637 S-0169 1/2 L P MOORE 5.00 ACRES agricultural FIE
A-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4' X 417.4' house LDR
A-1637 S-0169 1/2 L P MOORE 1.7330 ACRES agricultural FIE
A-1637 S-0169 1/2 L P MOORE 1.0000 ACRE BEING 104.4' X 417.4' house LDR
8.0570 ACRES (FKA 5.03 AC MAXWELL REMAINDER TR)vacant FIE
19.9880 ACRES windmills yard-offices IS
1.4280 ACRES vacant FIE
house HDR
LOT 2B - BEING 1.8100 ACRES REPLAT OF LOT 2home and agriculture LDR
agriculture FIE
agriculture FIE
agriculture FIE
agriculture FIE
unable to verify-possibly agriculture storage FIE
agriculture FIE
agriculture FIE
access drive FIE
agriculture FIE
agriculture FIE
agriculture FIE
agriculture FIE
agriculture FIE
agriculture FIE
agriculture FIE
home LDR
home LDR
home LDR
home LDR
home LDR
home and field FIE
cemetary PS
10.8610 ACRES agriculture FIE
agriculture FIE
agriculture FIE
open FIE
home w/ accessory HDR
home HDR
house LDR
house LDR
house LDR
house LDR
agricultural FIE
house LDR
house LDR
house LDR
agricultural FIE
house LDR
agricultural FIE
field FIE
house LDR
house LDR
house LDR
agricultural FIE
agricultural FIE
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
field FIE
house LDR
house LDR
house LDR
house LDR
field FIE
house LDR
house LDR
field FIE
house LDR
house LDR
house LDR
house LDR
house LDR
field FIE
house LDR
house LDR
house LDR
house LDR
field FIE
house LDR
agricultural FIE
agricultural FIE
agricultural FIE
agricultural FIE
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
field FIE
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
house LDR
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Kevin Boyd, Planner
Subject: Z13-17: P.V. McMinn, Jr., a request for a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property:
Location: An unaddressed 1 acre tract, located at the northwest corner of the
intersection of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.
Purpose: Approval of this request would zone the property Zero Lot Line,
Twinhome and Townhouse (RS-3) Contacts: P.V. McMinn, Jr., Representative 325-439-1941
Kevin Boyd, Planner 325-657-4210
Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-17: P.V. McMinn, Jr. 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 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line,
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Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Summary: The City Council may:
(1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be
more appropriate; or
(3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3). Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.
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History and Background:
General Information
Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Vacant, undeveloped tract Surrounding Zoning/Land Use: North: Single-Family Residential (RS-1) Undeveloped residential lots,
residences, and Christ Evangelical Lutheran Church
West: Single-Family Residential (RS-1) Single family detached housing South: Single-Family Residential (RS-1) Single family detached housing
and Anglican Church of Good Shepherd
East: Neighborhood Commercial (CN) HEB store, Dollar Tree, Cato Fashion, Check Cashed Loans, Rent-A-Center, a vacant commercial building and First Church of the Nazarene
Thoroughfares/Streets: West Beauregard Avenue and Moritz Circle are
identified as a ‘local streets’, designed to carry light neighborhood traffic at low speeds.
Sherwood Way is identified as a "major arterial
street" and is designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.
Zoning History: The property was annexed within the city around
1949. As far back as 1954, the property has been zoned
Single Family Residential (RS-1). Applicable Regulations: Allowed uses for this property can be found in
Section 310 (Use Table) of the Zoning Ordinance. Development Standards: Residential development setbacks are outlined in
Section 501 of the Zoning Ordinance.
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All required off-street parking and the connection(s) to a public right-of-way are required to be paved.
Vision Plan Map: Neighborhood Related Comp Plan Excerpts: “Promote better transition between nearby
commercial and residential use of land and buildings.”
"Require a buffer separating commercial, industrial, or agricultural zoned lands from neighborhoods."
"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods."
"...encourage appropriate and supportive infill development at Neighborhood Centers."
"Promote a mix of various uses...to encourage the necessary infill...for Neighborhood Centers."
"Establish transition areas to better "scale-down" intensity of use from commercial centers to neighborhoods."
"...this [access to Neighborhood Centers] is best achieved through clustered commercial centers, but also through increased access and connectivity between the neighborhoods and their associated Neighborhood Centers."
"...slowly reorganize commercial corridors into clusters..."
"Create new physical connections to neighborhoods lined with transitional and intermediate uses."
"Variety of residential product types - multi-family, townhomes, courtyard homes, patio homes, etc."
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Special Information
Traffic Concerns: Changing the zoning to a more intensive residential district has the potential to generate additional traffic than if the property remained as-is.
Parking Requirements: Dwelling units require a minimum of 2 parking
spaces, per Section 511.B of the Zoning Ordinance.
Parking Provided: No parking exists as the tract remains vacant and
undeveloped. Density: Surrounding properties are medium commercial
and residential in nature. The Vision Plan calls for 'Neighborhood' type development for the site in question.
Notification Required: Yes Notifications Sent: 13
Responses in Favor: 2 Responses in Opposition: 0
Analysis:
In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible
with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
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4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
The staff recommendation is based upon the statements listed below. Staff believes that the proposed zone change meets all of the criteria outlined, thus recommending approval of a zone change to Zero Lot Line, Twinhome and Townhouse (RS-3). The request is consistent with city’s plans and polices, as the Vision Plan envisions properties west of Moritz Circle (which includes the tract in question) and south of West Beauregard Avenue to remain designated as ‘Neighborhood’. The category ‘Neighborhood’ fits with RS-1, RS-2, RS-3, RM-1, RM-2, MHP and MHS zoning. Although the most common housing type is single family detached residences, introducing higher density residential development will further diversify the area’s housing stock – which is consistent with the intent of the Comprehensive Plan. The request is consistent with aspects of the Zoning Ordinance. The proponent seeks a zone change from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhome Residential (RS-3) district with plans to develop a series of townhomes on the properties. RS-3 zoning allows for residential development to include zero lot line dwellings, twinhomes and townhouses (Section 310 and 311, Zoning Ordinance). Some conditional uses allowed in the district are religious institutions, safety services and schools. Twinhomes and townhomes are also permissible in Low Rise Multifamily Residential (RM-1) zoning but given the small size of the lots, it is not a suitable configuration for apartment development. The tract in question is comprised of three platted lots and meets the minimum lot area and dimension of the proposed zoning, per 501 of the Zoning Ordinance. A zone change to RS-3 will allow for lots to be further subdivided to maximize buildable space - a minimum of 40' x 60' (2,500 sq ft.) for zero lot line or twinhome units and 25' x 75' (1,875 sq ft.) for townhouse units, per Section 501. While much of the residences in the area reflect low density, single family zoning, there are two sizeable tracts, just east of the site along West Beauregard Avenue, that have
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Low Rise Multifamily Residential (RM-1) zoning - 5.2 and 2.5 acres, respectively. The larger of the two properties still serves as a vacant lot. The other lot is occupied by Crestwood Terrace Apartments – which is densely developed at this time; the RM-1 zoned area is comprised of 9, two story apartments. Currently, the tract in question – lots 4, 5 and 6 – is vacant, open space. The lots are similar in area and dimension measure roughly 110' x 140'. The townhomes that the proponent hopes to construct will front Moritz Circle, the rear of the buildings will be along the existing alley (see conceptual plan below). Directly to the east of the site are several commercially zoned properties – Neighborhood Commercial (CN), General Commercial (CG) and General Commercial / Heavy Commercial (CH) all exist within 400 feet of the tract. Much of the area, especially points north and northeast of the site has developed as an established commercial corridor which began in the 1950 - 1960s with developments like the Kmart store, now HEB. Other commercial establishments include Dollar General, Cato Fashions, Sonic and Rent-A-Center. The proposed use is compatible with surrounding uses and may provide an additional customer base for some of the commercial development in the area. This request represents changed conditions to the current Ordinance, in that, RS-1 limits residential development to single family detached housing. A zone change to RS-3 will provide opportunities for higher density residential development. As previously mentioned, allowed uses in a RS-3 zone are zero lot line dwellings, twinhomes and townhouses. This request is consistent with the "Neighborhood" development designation of the Comprehensive Plan, as such an amendment to the Vision Plan Map of this document is not required to approve this request.
Staff expects that the proposed zone change will have minimal negative impacts on the natural environment. While the change will allow provide a wider range of residential development opportunities, in both scale and size, such changes are not significant. The site is vacant, open space - no trees or other vegetation will be removed in developing the tract. Conceivably there can be greater storm water runoffs generated from twinhomes or townhome development, as opposed to single family detached dwellings which typically have smaller building footprints. An internal site review conducted by city staff will ensure that any approved project directs runoff away from neighboring properties. The requested zoning represents a community need. Currently RS-3 is one of the city’s more underutilized zoning districts. Twinhomes and townhomes are ideal building types for lots, such as the one in question – narrow strips of land that typically accommodate single family housing but are much too small to support a multi-unit apartment complex. These types of development are more compact (higher density) form of development, if developed widely, poses less strain on the city’s infrastructure, compared to single family detached housing. The change will provide a mixture of housing opportunities for residents in the area.
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The site boasts close proximity to major roadways and commercial development; it also provides a nice transition between uses. The tract of land is accessible to nearby arterials – Sherwood Way and West Avenue N / Arden Road. The requested zone change and proposed development will offer suitable infill opportunities for a tract of land that has serve as vacant, open space for many years. The zone change will enable development which provides a buffer between uses, a transition from neighborhood serving commercial to single family housing units. The location also provides close proximity to shops and retail - within 700 feet of the HEB Supercenter and 200 feet from Cato Fashions and Dollar Tree - which is one of the tenets of a walkable community. This reduces the demand for automobile use and enhances the nature of the area - further establishing places where people can live, shop and work, thus establishing sustainable environments. Proposed Conditions
N/A
Attachments: Excerpt from zoning map, showing the general location within the City of San Angelo;
Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting
the subject property; Excerpt of the favor/opposition notification map; Conceptual plan of phased townhome development; Citizen Response; Draft minutes from 05/20/13 Planning Commission meeting;
and Draft Ordinance.
Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
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Z 13-17: P.V. McMinn Jr. A request for a zone change from Single-Family Residential (RS-1) to Zero Lot
Line, Twinhome and Townhouse Residential (RS-3) to allow for townhouses, on the following property:
An unaddressed 1 acre tract, located at the northwest corner of the intersection
of West Beauregard Avenue and Moritz Circle; more specifically occupying the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo.
Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Thirteen notifications were sent out, with two received in favor and two received in opposition to the request. The subject property was shown on a map of the general area. To the west and south of the subject property is a low-density neighborhood, and to the east and north of the subject property is a large commercial node stemming from the intersection of Sherwood Way and West Avenue N. A map denoting the notifications received in favor and opposition was shown. A conceptual plan, while not required for the application, was shown as provided by the applicant. Mr. Boyd described the configuration of the lots and the need for diversification of the residential offerings in this area as outlined in the Comprehensive Plan. There are opportunities for transition into the neighborhood which this development could provide. Currently, the intensive commercial properties are separated from the neighborhood by a vacant half-block. Bill Wynne asked questions about the minimum lot sizes and density that would be allowed. P.V. McMinn came forward to speak in favor of this request. Mr. McMinn looked at this property in 1979 for this type of development, but at that time, the church owned the property. Mr. McMinn purchased the property recently in order to make another effort to develop the property in a way that would provide a transition between the strip center and the nearby neighborhood. Gerald Toole, a resident of Moritz Circle, came forward to speak in opposition to the request and explained that the density of the property is his main concern, in addition to the traffic that would be generated by the development. Ms. Fawver explained that the zoning change application, by ordinance, does not require a site plan to be submitted. The zone change procedure is intended to pose the question of whether or not the type of zoning is appropriate for the lots in question, and the site planning is outside the jurisdiction of this Commission. So long as the site planning and arrangement of structures is done in a way which follows the ordinance, there are a wide variety of ways which the layout may be configured. Neither the staff, Ms. Fawver explained, nor the Planning Commission may place conditions on the application, to limit it to a single arrangement or site plan. ______ George, a resident to the west of the subject property, came forward to speak in opposition to the request. His opposition was based largely on the traffic generated and the impact on property values in this area. The transition, he felt, was not an appropriate one.
Belinda and Alex Vega came forward to speak in opposition to this request. They are directly across the street from the proposal and find the request to be inconsistent with the development in that area. Traffic and unknown neighbors are of concern to them and their family. Their home has a high value and as such, they want to preserve that. They were unable to think of any benefits to the area that could be provided by development of this location and stated that there were a variety of other sites that would be more appropriate for this type of building. There was no other public comment. Joe Grimes spoke and shared that the exact type of setup was one that was successful in the vicinity of Bentwood Country Club, where property values are quite high. Bill Wynne mentioned that he had constructed townhomes in southwest San Angelo and that the people who tended to move into townhomes are generally couples, retirees, and people who generally wanted to downsize their home and property. Ryan Smith mentioned that he has seen situations where this type of development has also increased adjacent property values. Bill Lawrence mentioned that this site has not yet found the best use for it and that this appears to be an appropriate fit based on the factors outlined in the staff report and observation of the area. Motion, to approve as presented, was made by Ryan Smith and seconded by Joe Grimes. The motion passed unanimously, 6-0.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, changing the zoning classification from Single-Family Residential (RS-1) to Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-17: P.V. McMinn, Jr.
WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed 1 acre tract, located at the northwest corner of the intersection of West Beauregard Avenue and Moritz Circle. This property specifically occupies the Clar-Mor Heights Addition, Block 1, Lots 4 - 6, in southwest San Angelo, shall henceforth be permanently zoned as follows: Zero Lot Line, Twinhome and Townhouse Residential (RS-3) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: Planning Commission members
From: Roxanne Johnston, Planner
Subject: Z13-18: Loren Edwards, a request for approval of a zone change from Ranch & Estate (R&E) to Heavy Commercial (CH) to allow for activities allowed within CH zoning districts on the following property:
Location: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from
the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo.
Purpose: Approval of this request would designate the subject property as a
Heavy Commercial (CH) Zoning District.
Contacts: Loren Edwards 325-763-4967 Roxanne Johnston, Planner 325-657-4210 .
Caption: First Public Hearing and consideration of introduction of an
Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-18: Loren Edwards
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: 4398 Jackrabbit Trail; located approximately 1,390 feet northeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This
property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Summary: The City Council may:
(1) Approve the proposed zone change as requested; or
(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or
(3) Deny the proposed zone change.
Recommendation: Planning staff recommends approving the proposed Zoning Classification to Heavy Commercial (CH).
History and Background:
The applicant is seeking this zone change in order to lease the property out to oilfield-based businesses. The applicant is also proposing to use an existing 1250 ft2 shop for an office and plans to construct a 5,000 ft2 shop for servicing oil field machinery which could include selling parts. These uses all fall under the “Industrial Use Category” as defined in Section 316 of the Zoning Ordinance and are allowed in CH zoning districts.
Most of the property in this area consist of acreage ranging anywhere from one or more acres with the largest on the east side of Jackrabbit Trail being 10 acres. There is a 62.5 acre located west of Jackrabbit trail, beyond a 50 foot wide AEP utility easement that extends north and south, respectively. With regards to current area zoning, a ½ mile stretch of properties zoned R&E extends north and south along the east side of Jackrabbit Trail and includes the subject property. A single house along this stretch is located approximately 720 feet north of the subject property within this R&E zoning district and abuts a ML zoning district to the north. There is a concentration of ML zoning east of the subject property along Christoval Road. Some of these properties are zoned both ML and R&E. There are also properties zoned CH along the east side of Christoval Road and also between Jackrabbit Trail and Christoval Road. The nearest is approximately 1900 feet southwest from the subject property. A lone CG/CH zoning district is located approximately 450 feet northeast of the subject property.
Staff found that R&E properties in the study area (including the 62.5 acre
parcel) largely consist of vacant fields. There are two fields that contain corrals (one with horses) and are also used to store farm equipment. The ML zoned property behind the subject property contains an old monastery and staff is unsure of how it is being used at this time. By all appearances, it seems vacant. Other area uses include a small heavy equipment storage yard, a storage facility, and an electrical services company (Jett Electric), all near the corner of Jody Lane and Jackrabbit Trial. A light manufacturing tool shop is also near this intersection. Although the latest has not yet been built, the Planning Commission allowed the construction of telecommunications towers on two properties along the north end of Strawn Road (SP99-11 and CU11-18). National Oil Well Varco has an office along Christoval Road and yet another property at 4477 Christoval Road, is owned by a drilling company.
Section 316 of the Zoning Ordinance defines Industrial Service as
“firms…engaged in the repair or servicing of industrial., business or household consumer machinery, equipment, products or by-
products….Relatively few customers, especially the general public, come to the site.” This section also gives examples of accessory uses for industrial services. Those particularly relevant to this proposal include welding shops; machine shops; tool repair; sales, repair and /or storage of heavy machinery, metal and building materials; towing and vehicle storage; and heavy truck servicing (including wash) and repair. A complete list of industrial services can be found in Section 316.A.3 of the Zoning Ordinance.
Uses allowed in CH zoning districts include group living, and alcohol and
drug recovery facilities, meeting areas for religious institutions, public safety and emergency services, auto and boat dealerships, commercial parking, equipment rentals, self-service storage, vehicle repair, vehicle service (performed while the customer waits) vehicle wash, small animal veterinary clinics, industrial services, warehouse and freight movement, waste-related uses, wholesale trade and plant nurseries.
General Information
Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Undeveloped residential lots Surrounding Zoning/Land Use: North: R&E vacant property West: R&E vacant property South: R&E vacant property East: ML Previous religious facility
Thoroughfares/Streets: Jackrabbit Trail is defined as a “local street,”
which is designed to carry light neighborhood traffic at lower speeds and generally connect to collector streets.
Zoning History: No previous zoning cases on this property. This
property was annexed into the City in the late 1940’s.
Applicable Regulations: Section 509 of the Zoning Ordinance addresses
fencing as a screening mechanism. Any time a commercial use abuts a residential district or use, an opaque privacy fence is required; however, commercial properties bordering R&E zoning are exempted from this requirement in that Section.
Development Standards: All required off-street parking and the
connection(s) to a public right-of-way are required to be paved.
Vision Plan Map: Commercial Related Comp Plan Excerpts: “Promote better transition between nearby
commercial and residential use of land and buildings.”
“Require a buffer separating commercial,
industrial, or agricultural zoned lands from neighborhoods.”
“Organize commercial uses in nodes to avoid
deteriorating corridors.” “Within Industrial Areas, allow some land
to be designated for other compatible uses of commercial employment, to encourage stable employment base.”
“Clustering potentially hazardous
industries into a limited number (given the size of San Angelo) of larger, isolated areas will minimize negative effects on residential areas, while balancing access to these businesses within the region, rather than putting all of them into one location.”
Special Information
Traffic Concerns: Changing the zoning from residential to commercial will certainly generate additional traffic than if the property remained as is. Jackrabbit is designed to accommodate appropriate commercial traffic. Businesses that would locate there will most likely attract customers specific to the business, and not the general public as experienced with other commercial zoning designations.
Parking Requirements: Vary depending upon the use of the property.
Retail sales and repair shops require 1 space for every 200 square feet of floor area. Warehouses require 1 space per every 4 employees.
Parking Provided: no parking spots are currently provided on the lots Density: Predominantly large tracts of undeveloped land in
the surrounding areas. The Vision Plan also calls for a continuation of the future development of this area as Commercial, creating a commercial hub between Industrial and Rural uses.
Notification Required: Yes Notifications Sent: 6
Responses in Favor: 1 Responses in Opposition: 1
Analysis:
In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible
with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
The staff recommendation is based upon the statements listed below. Because existing development in the area surrounding the subject property primarily involves businesses of a heavy industrial nature, and because the Vision Plan calls for the area to be commercially zoned in the future, staff finds that this zone change is in keeping with the first three Criteria listed above. A zone change here would not require any consideration for a Vision Plan amendment as the proposed zoning is commercial and the Vision Plan calls for commercial zoning.
Also, a zone change here would be consistent with the Zoning Ordinance by providing a transitional zone between the more heavily industrial uses along the east side of Christoval Road such as where the Industrial Park is located, and the swaths of land running adjacent to the South Concho River, alleviating possible nuisances such as noise, pollution and visual eyesores that can be produced by heavy industrial manufacturing, next to a long-term rural and environmentally sensitive area. Also noteworthy is that the South Concho River is buffered not only from Jackrabbit Trail and an embankment measuring about 6 feet in height that runs along the west side of Jackrabbit Trail, but also by a 100 foot wide AEP utility R.O.W. Therefore, staff has found that development patterns are consistent with the Vision Plan, which is in keeping with Criteria 1. The compatibility with surrounding uses just discussed is in keeping with Criteria 3 which seeks compatibility with existing and proposed uses. Additionally, the majority of existing uses and proposed zoning compliments an area that is not comprised of residential neighborhoods yet can serve the commercial needs of heavy industry with easy access to both South Chadbourne Street and Christoval Road, both which are classified as “arterial streets.” Development in the area between Jackrabbit Trail and Christoval Road consistently lends itself to businesses of a more industrial use and away from residential development. These businesses include an electric company that services the oilfield industry, a tool manufacturing warehouse, a welding shop, an oilfield business, and businesses that store a variety of heavy equipment. Area industry needs commercial nodes that are not in conflict with those associated with personal use such as grocery stores and retail businesses that serve neighborhoods, for just a few examples. Industry located on the east side of Christoval Road could benefit from an industrial commercial node such as is proposed by the applicant, who seeks to provide a location from which to provide a place to service oil field industry equipment. Additionally, staff notes that placing a commercial zoning district between this more heavy industrial node and the much more gentler, rural use running farther the west of the property along the South Concho River, will serve, again, as a better transition between the industrial and rural uses than if heavy manufacturing were placed right next to the river. Current conditions would definitely change on the subject property and the surrounding area as a result of a zone change, however since the property would not typically generate a flow of general public customers, the area may not experience traffic congestion that might be found with public retail ventures. In addition to changed conditions, the effects on the natural environment will change here. Truck traffic will be accessing the property off of Jackrabbit Trail and materials may be stored on site. The subject property contains a 1250 ft2 shop which would be put to use as an office. Adding a 5,000 ft2 shop will reshape the vacant property and take away from the existing permeable surface as would the required paving for parking spaces. However, since the area is among large tracts of land, runoff most likely will not affect neighboring properties. The likelihood of this property or even the area reverting
back to a more rural nature is most improbable, especially given the trends in growth to the area as discussed in the “History and Background” section of this report. A zone change to CH on the subject property would continue to meet a community need. If the property is developed as proposed, there may be an opportunity to provide jobs. Additionally, given recent developments in the oilfield industry, there is a demand for properties where services to that industry can be provided. An added bonus at this location is that it is not along a major gateway into the city. Again, area development patterns show a trend towards industrial related businesses; particularly those involved with oilfield services. This illustrates that the proposed zone change is in accord with Criteria 7. As the area continues to develop, it is likely that current R&E zoning on nearby properties will undergo zone changes to accommodate the demand for industrial enterprises. Proposed Conditions
N/A
Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;
excerpt from the comprehensive plan vision map highlighting
the subject property; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; excerpt of the favor/opposition notification map; citizen response; draft minutes from April 15, 2013 Planning Commission
Meeting; and draft ordinance.
Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()
E. Z 13-18: Loren Edwards A request for approval of a zone change from Ranch & Estate (R&E) to
Heavy Commercial (CH) to allow for Industrial Service as defined in Section 316.A of the Zoning Ordinance on the following property:
4398 Jackrabbit Trail; located approximately 1,390 feet northeast from the
intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo.
Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval. The property was illustrated on a map, and surrounded by R&E and CH zoning. There is a single building on the subject property that the property owner intends to utilize. The Vision Plan calls for this area to be a type of "commercial" designation. On a broader scale, this is part of a substantial strip of "commercial" which is bordered by "open space" to the west and "industrial" to the east on the Vision Plan map. Ms. Johnston explained how the criteria of the Zoning Ordinance were applied to the application and that it appeared to be consistent with what was requested. Loren Edwards, the property owner, came forward to speak in favor of this request. He is intending to utilize this property by upgrading the building on-site for an office space and then add a 5,000 sq ft building for vehicle maintenance and parking areas and security fencing. This area is emerging as an area for the oilfield industry, so this fits into that type of development. Bill Lawrence asked if the items which CH covers includes all of the possibilities that Mr. Edwards is considering. Roxanne Johnston reviewed all of those possibilities and added that Mr. Edwards' proposal is consistent with that list. Bill Lawrence asked Mr. Edwards about his experience in working with city staff, and Mr. Edwards stated that it has been great and that the staff was very helpful in showing him how to navigate the process. No one else came forward to speak in favor or in opposition to the zone change. Motion, to approve as presented, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a Heavy Commercial (CH) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-18: Loren Edwards
WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 4398 Jackrabbit Trail; located approximately 1,390 feet southeast from the intersection at Jackrabbit Trail and South Chadbourne Street. This property specifically occupies the Concho River Estates, 2.4170 Acres in Tract 19-B, south central San Angelo shall henceforth be permanently zoned as follows: Heavy Commercial (CH) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY:
The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San
Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Roxanne Johnston, Planner
Subject: Z 13-12: NE Interest- Charlie Nicholas A request for approval of a zone change from Ranch &
Estate (R&E) to a High Rise Multifamily Residential (RM-2) District to allow for “Household Living” as defined in Section 313.B of the Zoning Ordinance as allowed in RM-2 zoning districts on the following property:
Location: An unaddressed tract of land; specifically occupying 15.00
acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo.
Purpose: Approval of this request would designate the subject
property as a High Rise Multifamily Residential (RM-2) Zoning District.
Contacts: Charlie Nicholas, Owner of NE Interests 972-221-0095 Roxanne Johnston, Planner 325-657-4210
Contacts: 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 13-12: NE Interests- Charlie Nicholas 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 of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of The Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Summary: The City Council may:
(1) Approve the proposed zone change as requested; or
(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or
(3) Deny the proposed zone change.
Recommendation: Planning staff recommends approving the proposed Zone Change. Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.
History and Background:
The subject property is located within a newly annexed area surrounded by other newly annexed properties that are undergoing new development. The approval of this zone change will allow the applicant to construct a multi-story, multi-family residential apartment complex on this currently vacant property. It is situated southwest of The BLVD, a multi-family apartment development owned by the applicant, zoned CG, and northwest of the latest Prestonwood Addition subdivision, which was annexed in March and then zoned RS-1 in April of this year. Appaloosa Trail, not yet built, will border the proposed subject property, to the southwest. Appaloosa Trail is included in the Thoroughfare Plan
and is shown as a future minor collector street that will loop through properties to the west of South FM 2288, meander south and then east to connect with Pinon Ridge Drive, in the far southern section of San Angelo. The nearest public school is Bonham Elementary School, which is located on Southland Boulevard about a mile from the subject property, but will eventually enjoy nearer access once Appaloosa Trail connects with Pinon Ridge Drive. Additionally, the City of San Angelo Fire Station 2 is located near the school, so the subject property is located near to this service as well. General Information
Existing Zoning: Ranch & Estate (R&E) Existing Land Use: Vacant property Surrounding Zoning/Land Use: North: CG multi-family housing West: RS-1 single-family residences South: R & E &
unzoned vacant property
East: unzoned vacant property
Thoroughfares/Streets: Appaloosa Trail, not yet constructed, is defined as a “collector street” which provides direct access to residential, commercial and other land uses.
Zoning History: The subject property was annexed into the
City on February 21, 2013, and per Section 303.A of the Zoning Ordinance, was subsequently designated as an R&E Zoning District, as is any newly annexed land, in order, in this case, to “serve as a holding zone for vacant land areas annexed into the City.”
Applicable Regulations: Allowed uses for this property can be
found in Section 310 (Use Table) of the Zoning Ordinance.
Development Standards: Zoning Ordinance, Section 501.A. Minimum Lot Area – 20,000 sq ft Minimum Lot Dimensions – 100x150 feet
Minimum Front Yard – 25 ft Minimum Side Yard – 10 ft per side Minimum Rear Yard – 20 ft Maximum Floor Area Ratio – 1.00 Maximum Height – none Density (units per acre) - 35 Vision Plan Map: Neighborhood and Commercial Comp Plan Excerpts: “Create new physical connections to
neighborhoods lined with transitional and intermediate uses."
"Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods.” “All residents within each neighborhood boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.” "Variety of residential product types -multi-family, townhomes, courtyard homes, patio homes, etc." "Coordinate with San Angelo Independent School District (SAISD) to improve walkability and connections between neighborhoods and nearby schools."
Special Information
Traffic Concerns: There are currently no traffic concerns as
this area has not been developed and has no “local” streets. A zone change from no density to a residential zoning district will no doubt increase density and traffic impacts on the area. Appaloosa Trail will be the access point for this property and shall be built according to the City’s subdivision ordinance requirements.
The impact of future local streets will be determined as the area is subdivided and plans are submitted to the Planning Division for approval.
Parking Requirements: Zoning Ordinance Section 511.B.
Multifamily Dwelling: 1 Bedroom Apartment: 1.5 spaces/unit 2 Bedroom Apartment: 1.75 spaces/unit 3 Bedroom Apartment: 2.0 spaces/unit Section 511.D.1. “All required off-street parking spaces shall
be located on the same lot or tract of land as the building and/or activity they are intended to serve”
Section 511.F.3. “All areas used for required off-street parking
shall be paved” Density: The property is currently undeveloped with
no internal street access. A high-density property, The BLVD apartments lies to the northeast.
Notification Required: Yes Notifications Sent: 3
Responses in Favor: 1 Responses in Opposition: 0
Analysis:
In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible
with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
The staff recommendation is based upon the statements listed below. Staff finds that this zone change request is compatible with the plans and policies set forth in the Comprehensive Plan and Zoning Ordinance. To begin with, the subject property is located in an area undergoing rapid development; most of which is in keeping with the Vision Plan whereby residential and commercial nodes are clustered in such a manner as to maintain smooth transitions between zones and uses. A goal of the Comprehensive Plan is to “Promote neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo's neighborhoods” because this diversity lends itself to a higher potential of walk-able, more pedestrian friendly development with less reliance on motorized transportation which could yield more negative environmental impacts. This close proximity to commercial uses may also provide area retailers and businesses a steady potential employment base as well as a customer base as the area continues to grow. The plan for the subject property and the rezoning are consistent and compatible with development patterns in the area. Much of the area that has been developed along Sherwood Way to the east has happened within the past 10 years. With Sherwood Way being a major corridor to the City from the west, there is an opportunity to ensure that area development continue to be done intelligently and predictably with thought to all of the criteria listed above. The advantage to zoning newly annexed land Ranch & Estate is that a thoughtful, orderly manner of development that best fits in with the overall area picture as outlined in the Comprehensive Plan can be evaluated and discussed with the Planning Commission and community through the re-zoning process. It is imperative that the proposed development with this zone change request fits in with not only newer development, but also the City as a whole, with a focus on connectivity and smooth transitions between zoning districts and land uses. Another reason that this zone change request fits in with city plans and policies can be found in the area’s Vision Plan and Comprehensive Plan. The subject property shows diagonal sections of the Vision Plan whereby the northwest section is primarily commercial and the majority of the northeast and southeast section calls for neighborhood development. The location of the property is not only near to similar multi-family residential uses to the northeast, but it also
enjoys a location whereby there are multiple commercial opportunities nearby (within a half mile) making for easy access to daily needs shopping, access to medical offices, and also future public transportation stops to be located along Sherwood Way. The proposed higher density apartments could provide an excellent transition of uses, in this instance, between RS-1 and commercial zoning, which is a component of the Comprehensive Plan which seeks to “Create new physical connections to neighborhoods lined with transitional and intermediate uses." The Comprehensive Plan also calls for residents to be able to meet their daily needs within a reasonable distance from where they live. This request for a residential use zoning designation of RM-2 is compatible with a recent annexation and residential zone change this year that included a new section of the Prestonwood Addition to the southeast of the subject property as well as the CG zoning district where The BLVD apartments are located. Additionally, unlike some zoning districts that require Conditional Uses or other zoning tools to bring a use into a zone that otherwise wouldn’t allow it, RM-2 zoning is specific to the use itself and would need no amendment; therefore, there is no need to rezone this property in the future providing the plans to build these apartments go forward. Although there will certainly be an impact on the environment with this request since the property is vacant and has never been developed, any development would create an environmental impact here. Due to the size of the proposed project, notwithstanding the platting process itself, it will be required to undergo an Urban Design Review by City staff because it will contain over 25,000 square feet. The Urban Design Review will examine visual impacts on surrounding properties and roadways. The platting process will ensure that all drainage studies and environmental impacts, for example, will be addressed. By zoning this property RM-2, the applicant is steering away from another zone change to a commercial or even an industrial zoning designation which is often a popular request and inquiry about properties along the corridors into the community. However, staff finds that a zone change here continues to address the community need for housing and housing choices and also constitutes the highest and best use of the property. As such, an amendment to the Vision Plan would not be required with this particular request since it is compatible with the Plan as proposed. In conclusion, staff had found this request to be consistent with all seven criteria mandated of the request and therefore recommends approval of this zoning change. Attachments: excerpt from zoning map, showing the general location
within the City of San Angelo;
excerpt from zoning map, highlighting subject property;
aerial photo, highlighting subject property; and excerpt from the Comprehensive Plan Vision map
highlighting the subject property. excerpt of the favor/opposition notification map; citizen Response; draft minutes from April 15, 2013 Planning
Commission Meeting; and draft ordinance.
Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()
A. Z 13-12: NE Interests A request for approval of a zone change from Ranch & Estate (R&E) to a High
Rise Multifamily Residential (RM-2) District to allow for household living as defined in Section 313.B of the zoning ordinance as allowed in RM-2 zoning districts on the following property:
An unaddressed tract of land; specifically occupying 15 acres of land out of the
Deaf & Dumb Asylum Lands Survey 2, Abstract 821. This property occupies a proposed Final Plat of The Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo.
Roxanne Johnston, Planner, came forward to present this request, consistent with the staff recommendation of approval. Three notifications were sent out in conjunction with this request. One was returned in favor of the request. The property is in far southwest San Angelo, occupying property that has recently been annexed by the City of San Angelo. The Vision Plan calls for this area to a combination of "neighborhood" and "commercial" usage. Ms. Johnston reviewed the criteria of approval from the zoning ordinance that are examined for every zoning change request. This proposal was found to be compatible with all of these criteria
and is in line with all of the different planning documents which address this area. This will provide a nice transition between the surrounding low-density subdivisions and the nearby commercial offerings along Sherwood Way. Development along this area also provides residential offerings which are easily within walking distance from the apartment complex site. Bill Lawrence asked Ms. Johnston about whether or not a traffic light will be placed at this intersection. Mr. Hintz, Senior Planner, clarified that Sherwood Way is a TxDOT right-of-way and thus, any traffic mitigation devices would be handled by their group. No one came forward to speak on the item. Motion, to approve as presented, was made by Darlene Jones and seconded by Valerie Priess. The motion passed unanimously, 6-0.”
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed tract of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, changing the zoning classification from a Ranch & Estate (R&E) to a High Rise Multifamily Residential (RM-2) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-12: NE Interests- Charlie Nicholas
WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: an unaddressed tract of land; specifically occupying 15.00 acres of land out of the Deaf & Dumb Asylum Lands Survey 2, Abstract 82. This property occupies a proposed Final Plat of the Boulevard San Angelo, Section 2, Block D, Lot 1 in far southwest San Angelo, shall henceforth be permanently zoned as follows: High Rise Multifamily Residential (RM-2) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Kevin Boyd, Planner
Subject: Z13-16: OK Holdings, LLC, a request for approval of a zone change from Heavy Commercial (CH) to Office Warehouse (OW) to allow for office use, on the following property:
Location: An unaddressed 5 acre tract, located approximately 900 feet
northwest of the intersection of Link Road and Christoval Road; more specifically occupying a proposed replat of the Concho River Estates, Lot 35B, in southern San Angelo.
Purpose: Approval of this request would zone the property Office Warehouse
(OW)
Contacts: OK Holdings, LLC, Representative 940-393-6502 Kevin Boyd, Planner 325-657-4210
Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z13-16: OK Holdings, LLC
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, changing the zoning classification from Heavy
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Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Summary: The City Council may:
(1) Approve the proposed zone change as requested; or (2) Modify the application to some alternative zoning classification believed to be
more appropriate; or
(3) Deny the proposed zone change, altogether. Recommendation: Planning staff recommends approving the proposed zone change request from Heavy Commercial (CH) to Office Warehouse (OW). Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.
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History and Background:
General Information
Existing Zoning: Heavy Commercial (CH) Existing Land Use: Vacant, undeveloped lot Surrounding Zoning/Land Use: North: Heavy Commercial (CH) and
Heavy Manufacturing (MH) Warren CAT (heavy equipment & caterpillar dealer), Party Ranch (night club) , Ingram Enterprises Plant (concrete facility) and J&J Service, vacant land
West: Heavy Commercial (CH), Ranch & Estate (R&E) and Planned Development (PD)
vacant land and US Highway 87 and Loop 306 Interchange
South: Heavy Commercial (CH) and Heavy Manufacturing (MH)
Smith Oilfield Services, San-tex self-storage, Communication Etc (communication services, telecommunication consultants) vacant land and open spaces
East: Heavy Commercial (CH), Manufactured Housing Park (MHP) and Ranch & Estate (R&E)
J & T's Welding, LLC, High Q Incorporated (vehicle, tire and component testing services), Garco Contracting Company, Inc. (general contractor), Hamilton Oilfield Services, Inc, Chaparral Mobile Home Park
Thoroughfares/Streets: Link Road is identified as a ‘local street’, designed
to carry light neighborhood traffic at lower speeds and generally connects to collector streets.
US Highway 87 and Christoval Road are identified
as "arterial streets" and are designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high speeds. Access is secondary and mobility is the primary function of these streets.
West Loop 306 is identified as a "Freeway",
designed to carry heavy traffic at high speeds. The roadway is void of traffic signals or stop signs to allow for a unobstructed, seamless flow.
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Zoning History: The property was designated as Heavy Commercial (CH) when it annexed into the city in 1997.
Applicable Regulations: Non-residential development standards are
outlined in Section 502 of the Zoning Ordinance.
Development Standards: All required off-street parking and the
connection(s) to a public right-of-way are required to be paved.
Vision Plan Map: Industrial Related Comp Plan Excerpts: Intent of Industrial in the Comprehensive
Plan is to, “[dedicate areas for] supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.”
“Require a buffer separating commercial,
industrial, or agricultural zoned lands from neighborhoods.”
“Establish transition areas between
commercial areas and nearby neighborhoods.”
Special Information
Traffic Concerns: Changing the zoning has the potential to generate additional traffic than if the property remained as-is. Both CH and OW zoning allow for warehouse and freight movement. Currently the lot remains vacant and no traffic is generated by the site.
Parking Requirements: Vary depending upon the use of the property, see
Section 511 of the Zoning Ordinance. Parking Provided: No parking exists on the property, once
development occurs on the site parking will be required.
Density: Some large tracts of undeveloped land in the
surrounding areas. Uses vary from medium to high intensity, commercial and industrial
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development. The Vision Plan calls for 'Industrial' type development in the area.
Notification Required: Yes Notifications Sent: 1
Responses in Favor: 0 Responses in Opposition: 0
Analysis:
In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible
with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
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The staff recommendation is based upon the statements listed below. The subject property is a five acre lot, carved out of a 17 acre tract of the Concho River Estates subdivision (the proposed lot is referred to as Lot 35B). The property is currently zoned Heavy Commercial (CH) which provides opportunities for business establishments to store unsightly outside materials and/or merchandise. Proponents of the request – Devon Energy, a US based natural gas and oil production company – seek a zone change to Office Warehouse (OW) with plans to construct a regional office on the site. The change to OW reflects aspects of the Comprehensive Plan, as the long-range Plan envisions industrial-related development in the area. Offices will be allowed by-right as a primary use. The zoning enables greater flexibility in development and provides opportunities for limited outdoor storage with a screening requirement. If this zone change request is approved, no changes will be needed to amend the current Vision Plan Map of the Comprehensive Plan. This request is consistent with aspects of the Zoning Ordinance. CH zoning does not allow for offices as a primary use. OW zoning is the least intensive industrial district and is intended to provide opportunities for development of low intensive industrial development. Examples of uses allowed by-right in an OW zone include offices, self-storage facilities, industrial services, warehouse and freight movement and wholesale trade – uses that fit within the use categories of ‘Rental Equipment’ and ‘Vehicle Repair’ require a conditional use. OW is preferred over of CO because the Comprehensive Plan envisions industrial development; CO zoning is not consistent with this vision. Staff believes it is important to reiterate that zone changes often endure far longer than intended uses, and, if approved, this zone change will remain as-is for the life of the property – unless another request is made to rezone the property. ML and MH zoning both allow office use by-right, however, neither would be ideal given that the site is highly visible from a major highway interchange. Also, MH zoning allows for intensive uses such as meatpacking, slaughterhouse, coal production and oil refinery through a conditional use process. The city has three categories or types of outdoor storage – OW follows under Type 2: Limited Outdoor Storage, per Section 504 of the Ordinance. While the district allows for outdoor storage opportunities, special consideration has been given to ensure that such uses are compatible with surrounding environment. This Section essentially allows for outdoor merchandise, materials or equipment to be stored on-site, but it can only exceed 1,000 square feet or 10 percent of the lot area (whichever is greater); if a 6 foot (minimum) opaque fence is erected to completely screen the items from public view, the outdoor storage requirement is unlimited. Relative to other parts of the city, the area remains somewhat sparsely developed. While the area is comprised of several large undeveloped tracts, existing uses range from low to heavy intensity industrial. Within 800 feet of the property to the east, along Christoval Road, there is a small mobile home park. Residences exist half a mile away to the east along South Gas Plant Road, and points north along South Bryant Frontage and west (roughly a 1/3 mile in either direction). Many of the uses in the area are oil
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field related – uses categorized as ‘Industrial Service’ in the Zoning Ordinance (refer to Section 316). The subject property and many of the lots surrounding the site are zoned Heavy Commercial (CH). Heavy Manufacturing (MH), Manufactured Housing Park (MHP) and Ranch & Estate (R&E) zoning also exist in the area. The proponents made the request to subdivide Lot 35 of the Concho River Estates subdivision into two separate lots – Lot 35A and 35B – only the newly created Lot 35B is subjected for rezoning, the remainder of the tract will remain CH (refer to the plan below). This zone change from CH to OW, allows for office development as a primary use, which is prohibited under the current zoning. OW also provides opportunities for other types of low intensive industrial development – notably warehouses and self-storage facilities. As previously mentioned, OW has a designated Type 2 outdoor storage – CH has a Type 3 storage which, in many cases, allows unlimited outdoor storage without screening requirement, refer to Sections 504 and 509 of the Zoning Ordinance.
Depending on the intensity of the use, the transition may have an effect on the natural environment. OW allows for a variety of industrial uses – some low to medium intensity. The general idea is to cluster intensive uses that are industrial in nature, into a few isolated areas within the city-limits. There are a few water sources in the area, the most notable is the South Concho River which flows south to north and measures roughly a 1/2 mile to the west – other features include a series of creeks and small lakes, Grand Canal runs to the south of the property, less than a mile away. OW is the least intensive industrial zone – some low intensity uses allowed in the district are self-storage facilities and offices; industrial service is an example of a more intensive use permitted in the district. Given that such resources exist nearby, OW is certainly more suitable for the area than ML or MH zoning. The lot is currently serves as a vacant, barren tract. Recently, there has been an effort to clear all remaining vegetation and debris, this request will allow for open opportunities in land development (subject to zoning and general development standards outlined in the Ordinance). The requested zoning represents a community need. There is a general lack of OW zoning in the area. OW zoning will allow for low to medium intensive industrial and office development on the site. OW is currently an underutilized zoning district in the city and the area in question is an suitable site – in that there is easy access to the site, similar surrounding uses, and the fact that aspects of the infrastructure can support uses allowed in the district. The site boasts close proximity to two major highways – US Highway 87 and West Loop 306, which are accessible from Christoval Road from the north and to Link Road from the south and east. The highway interchange is within 150 feet, will allow for quick access for transporting goods, an important factor in the manufacturing and production field (if the site is ever developed in such a manner). Such closeness also makes the site highly visible - staff recommends the proposed zoning because it is compatible with the city's long-range Plan and will limit development for low to medium intensive uses
8
relative to the other industrial districts. Devon Energy's proposal to develop the site for an office use will be a great addition to the area and will serve as a gateway landmark when entering the city. The proposed zoning provides a buffer from the highways and more intensive zoning, to the north and east of the property. Finally, attached in the report is the engineering plan which shows the proposed internal driveways recently approved by TxDOT for the subdivision in question (refer to the engineering plan).
Proposed Conditions
N/A
Attachments: TxDOT approved engineering plan (submitted in April 2013). Excerpt from zoning map, showing the general location within
the City of San Angelo; Excerpt from zoning map, highlighting subject property; Aerial photo, highlighting subject property; Excerpt from the comprehensive plan vision map highlighting
the subject property; Excerpt of the favor/opposition notification map; Draft minutes from 05/20/13 Planning Commission Meeting;
and Draft Ordinance.
Presentation: Kevin Boyd, Planner Reviewed by: Jeff Hintz, Interim Senior Planner (05/09/13)
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11
12
13
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B. Z 13-16: OK Holdings LLC A request for approval of a zone change from Heavy Commercial (CH) to Office
Warehouse (OW) to allow for office use as defined in Section 315.D of the Zoning Ordinance, on the following property:
An unaddressed 5 acre tract, located approximately 900 feet northwest of the
intersection of Link Road and Christoval Road; more specifically occupying a proposed replat of the Concho River Estates, Lot 35B, in southern San Angelo.
Kevin Boyd, Planner, came forward to present this request, consistent with the staff recommendation of approval. Only one notification was required to be sent, and this notification was not returned. Mr. Boyd reminded the Commission that this property was recently submitted as part of a replat exercise, which the Commission did approve as part of the consent agenda, earlier in the meeting. The Vision Plan does call for "industrial" for this site. Mr. Boyd showed some photos of the surrounding area. Mr. Boyd stated that the application for zone change was consistent with the criteria contained within the zoning ordinance and reviewed in the previous presentation. The current zoning does not allow for "office use" as a primary use; however, the proposed request of OW does allow as such, in addition to adding some types of usage which are more intensive than offices, allowing flexibility. This is consistent with the surrounding uses, and takes into consideration the proximity to major highways with its screening requirement, and providing a better transition into a larger industrial type of area (to the north, east, and southeast of the site). Mr. Boyd did outline the outdoor storage restrictions, and the threshold which triggers screening. Mr. Wynne asked if this zone change would affect surrounding CH properties. Mr. Lawrence asked if staff had considered this as an entrance point into the city. Mr. Boyd explained that the staff recommendation was largely based upon this fact and the opportunity for OW to assist in maintaining this entrance point. No one came forward to speak on this request. Motion, to approve as presented, was made by Ryan Smith and seconded by Darlene Jones. The motion passed unanimously, 6-0.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, changing the zoning classification from Heavy Commercial (CH) to Office Warehouse (OW) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-16: OK Holdings, LLC
WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: An unaddressed 5 acre tract, located approximately 900 feet northwest of the intersection of Link Road and Christoval Road. This property specifically occupies the Concho River Estates, Lot 35B, in southern San Angelo, shall henceforth be permanently zoned as follows: Office Warehouse (OW) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San
Angelo
Memo
Meeting Date: June 4, 2013
To: Planning Commission members
From: Jeff Hintz, Interim Senior Planner
Subject: Z 13-19 Rocky Spoonts, A request for approval of a zone change from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) to specifically allow for offices as defined in Section 315.D of the Zoning Ordinance on the following property:
Location: 815 South Abe Street, located on the northwest corner of the
intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo.
Purpose: Approval or modification of this request by the Planning
Commission would forward that recommendation to City Council for a final decision on the matter.
Contacts: Rocky Spoonts, Realtor 325-949-7719
Jeff Hintz, Planner 325-657-4210
Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 13-19: Rocky Spoonts 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: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Summary: The City Council may:
(1) Approve the proposed zone change; or
(2) Remand the application back to Planning Commission for further discussion, in which case another public hearing will need to be scheduled; or
(3) Deny the proposed zone change.
Recommendation: Planning staff recommends approving the proposed zone change. Planning Commission recommended approval of this request 6-0 on May 20, 2013.
History and Background:
General Information
Existing Zoning: Low Rise Multi-Family Residence (RM-1) Existing Land Use: Garden Club Building Surrounding Zoning/Land Use: North: CO Office building West: RM-1 Single-Family residences South: CO Office building East: RS-2 Residences
Thoroughfares/Streets: South Abe Street is defined as an arterial
street and designed to connect collector streets to freeways and other arterials carrying large volumes of traffic at high
speeds. Access is secondary and mobility is the primary function of these streets.
West Washington Avenue is designed as a
collector street and is designed to collect local street traffic carrying it to arterial streets at a moderate speed.
Zoning History: This property has been zoned R-3 (now
RM-1 with the adoption of the current ordinance in 2000) since 1954.
Applicable Regulations: Allowed uses for this property can be
found in Section 310 (Use Table) of the Zoning Ordinance.
509.A of the Zoning Ordinance will require
a privacy fence be placed along the western edge of this property if an equivalent fence does not exist already.
Vision Plan Map: Neighborhood Center Comp Plan Excerpts: Within the Comprehensive Plan, Goal 3 of
“Neighborhoods” is to “improve the relationship between adjacent commercial and residential properties”.
“Commercial properties tend to be
organized in a single use, isolated pattern of development. This form generates little synergy between businesses and land uses and often results in incompatibility.”
“All residents within each neighborhood
boundary should be able to meet their daily needs within a reasonable and accessible distance from their home.”
“Promote better transition between nearby
commercial and residential use of land and buildings.”
“Establish transition areas between
commercial areas and nearby neighborhoods.”
“Organize commercial uses in nodes to
avoid deteriorating corridors.”
Special Information
Traffic Concerns: Changing the zoning from a higher density residential zone to a zoning classification that allows for commercial activity, could have traffic impacts on the area. However, the access to collector and arterial streets will adequately handle this increased traffic capability. In addition, CO zoning districts do not allow for retail sales, making it an ideal choice near a neighborhood.
Parking Requirements: Section 511 of the Zoning Ordinance
covers parking improvement standards and amounts. Offices require 1 parking space per 300 square feet of office area.
Parking Provided: The property does have a developed
surface lot, it would appear an adequate amount is currently provided.
Density: This block is of medium density residential
and low intensity commercial development. Notification Required: Yes Notifications Sent: 17
Responses in Favor: 2 Responses in Opposition: 0
Analysis:
In order to approve this zone change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is
compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
The staff recommendation is based upon the statements listed below. This proposal is consistent with the Zoning Ordinance and the plans and policies adopted by the San Angelo City Council. This property has functioned as a Garden Club meeting area, more of an office use than a residential living quarters. While this factor is certainly something to be aware of, the proposal will result in a logical development pattern for this area. Other commercial zoning designations allow for retail sales and higher intensity uses that may not be appropriate in this area given the relationship with the neighborhood. Clustering the commercial properties and opportunities at key nodes (which Washington and South Abe Street would be) is in-line with several city policies and goals of the Comprehensive Plan. By organizing commercial opportunities at key nodes makes them accessible along major thoroughfares, and keeps traffic out or residential areas. This property is certainly accessible to those who live in the area, but at the same time also accessible to those who are traveling through town. Neighborhood Center envisioned areas work well for lower intensity commercial developments or higher density residential developments. The current zoning works within this vision the Comprehensive Plan sets out to achieve, but the proposed zone change is a slight step up in terms of zoning intensity, but the traffic and uses allowed amongst the two zoning designations have similar impacts on the neighboring properties. Staff has found this CO zoning to be consistent with the surrounding area. The location at a key intersection and lower intensity of activities allowed will allow the established neighborhood and future commercial development and use of this property to work in harmony with one another. Office uses generally see lower traffic demand when compared with a more retail oriented use. Engineers, architects, doctors, dentists and other professional services generally use appointments and will have a much more limited clientele than a retail
establishment such as a restaurant or convenience store. As such, the impacts on surrounding properties nearby an office is expected to be less than with retail when comparing the two uses This request is consistent with the Comprehensive Plan's Vision Plan Map, as such, an amendment is not required for this request to move forward. Law mandates that is a Comprehensive Plan is in place that zoning decisions be made in accordance with it. In this case, the Office Commercial zoning designation is within the Neighborhood Center vision. The effect on the natural environment and surrounding properties is expected to be minimal; the structure is existing and there appears to be parking for the building that is already improved. Future development is certainly possible, however given the characteristics of the lot, environmental impact is expected to be of negligible consequence due to the lot cover at this time. The development patterns of this area are not expected to change as a result of this amendment to the Official Zoning Map. The property has functioned as more of an office than a residence in the past as the Garden Club building. The office tenants that would be allowed in the future may be more active than the Garden Club was, but the nature of these activities is not expected to interrupt the balance the existing neighborhood has with the commercial areas along South Abe Street. The community needs services and jobs within walking distances of neighborhoods. Placing this type of use in the middle of a neighborhood would not be recommended, but on the edge of neighborhoods to buffer the neighborhood from more intense traffic and uses along an arterial street is highly recommended. This office use will act as a buffer to traffic, noise, and the bustle of South Abe Street and work as a shield to neighborhoods in existence to the west along Washington Avenue. For all these reasons, staff finds the proposal to rezone the property to Office Commercial the highest and best use of the property both now and in the future when considering all the criteria mandated of this request. As such, the Planning Division recommends approval of this zone change. Proposed Conditions
N/A
Attachments: excerpt from zoning map, showing the general location within the City of San Angelo;
excerpt from zoning map, highlighting subject
property; aerial photo, highlighting subject property;
excerpt from the Comprehensive Plan Vision Map highlighting the subject property.
Citizen responses; Draft minutes from May 20, 2013 Planning
Commission meeting; and Draft ordinance.
Presentation: Jeff Hintz, Interim Senior Planner
F. Z 13-19: Rocky Spoonts
A request for approval of a zone change from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) to specifically allow for offices as defined in Section 315.D of the Zoning Ordinance on the following property:
815 South Abe Street, located on the northwest corner of the intersection of
South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo.
Jeff Hintz, Interim Senior Planner, came forward to present this item, consistent with the staff recommendation of approval. There were seventeen notifications sent out, with two returned in favor of the request. This property was previously occupied by the Garden Club. The property is in south central San Angelo and surrounded by a large neighborhood to the south and west, with a mixture of medium-intensity commercial and office uses to the north and east. The Vision Plan map calls for "neighborhood center" usage at this location. The zoning of this property has been the same district since the initial zoning map of 1954. Mr. Hintz reviewed the criteria of the Zoning Ordinance and how this application for zoning appears to be wholly consistent with those criteria. Office usage is of substantially lower intensity than a variety of commercial types and the office would be much more consistent with the nearby residential area. Bob Elliott, a local real estate appraiser representing the applicant, came forward to speak in favor of the request. The building will be remodeling inside but no substantial changes are planned. No one else came forward to speak. Motion, to approve as presented, was made by Bill Wynne and seconded by Ryan Smith. The motion passed unanimously, 6-0.
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo, changing the zoning classification from Low Rise Multi-Family Residential (RM-1) to Office Commercial (CO) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z 13-19: Rocky Spoonts
WHEREAS, the Planning Commission for the City of San Angelo and the governing
body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,
BE IT ORDAINED BY THE CITY OF SAN ANGELO:
SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted
by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 815 South Abe Street, located on the northwest corner of the intersection of South Abe Street and West Washington Avenue. This property specifically occupies the Park Heights addition, Block 16, east 145 feet of lots 9-10, and the south 37 feet of the east 145 feet of Lot 8 in central San Angelo shall henceforth be permanently zoned as follows: Office Commercial (CO) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described
property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,
if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: City Council members
From: Roxanne Johnston, Planner Subject: Ellis Street, Street Abandonment Request: Randall W. Clinkinbeard requesting abandonment on the following property:
Location: an approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street located between Blocks 5 & 6 of the Eastland Heights Addition, extending approximately 315’eastward from North Poe Street and immediately adjacent to property owned by a railroad company.
Contacts: Randall W. Clinkinbeard, owner 325-212-9271 Roxanne Johnston, Planner 325-657-4210
Caption: First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo, AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company 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
Summary: The City Council may:
1. Approve the proposed abandonment; or
2. Approve the proposed abandonment subject to conditions; or
3. Deny the proposed abandonment.
Recommendation: City staff recommends approving the proposed street abandonment subject to a condition listed at the end of this report. Planning Commission recommended approval of this request by a vote of 6-0 on May 20, 2013.
History and Background:
The original final plat for the Eastland Heights Addition, wherein the proposed abandonment section of Ellis Street is located, was recorded on December 12, 1932. At that time, Ellis Street, which runs east to west separating Blocks 5 & 6, was named “7th Street.” The combination of these two blocks measures approximately one acre. A Years later, East Houston Harte Expressway was constructed, essentially obliterating all of Section 4 and the south part of Section 3, and disrupted the former continuity of area subdivisions. The area, which is currently zoned ML, was designated as a commercial zone sometime prior to 1954. Between that time and 1987, it was rezoned M-1, which is today’s equivalent to ML. The applicant purchased the remainder of Block 5 & 6 and now seeks this street abandonment in order to operate a towing company from the property. With approval and a replat, the abandonment would convert Blocks 5 & 6 into one cohesive property, which could render the land more usable. The original final plat also shows an alleyway bisecting Block 6 which ran north to south. This alleyway was abandoned in late 1976 in order for the owner of the adjoining properties to be able to place an office building there at a later date. Another street closure just 160 feet east of the proposed street abandonment occurred September 3, 1985. This closure encompassed a portion of Emerson Street between Lots 1 & 8 in Sections 26 & 27 of the Ellis Addition. The purpose of that closure was to solve a drainage issue for the soon-to-be Houston Harte Expressway. Staff has found no evidence showing that the portion of Ellis Street under consideration was ever used for public access. Now, and in the past when the plat was filed, this street dead-ends into the railroad right-of-way, and it appears from a site visit from staff that it most likely was never intended to be a through street. There is a considerably steep drop off from the eastern edge of the subject property down to the railroad tracks.
General Information
Existing Zoning: Light Manufacturing (ML) Existing Land Use: vacant land Surrounding Zoning/Land Use: North: ML East Houston Harte Expressway West: RS-1 Single family residences South: RS-2 Vacant property East: ML Railroad
Storm Water/Drainage: Abandoning the street segment is not expected to
create any storm water or drainage changes for the area.
Topography: Abandoning the street is not expected to change the topography of the area.
Water/Sewer Utilities: Abandoning the street is not expected to prevent
access to public utilities. Fire Protection: Fire hydrant location will be evaluated based on
the 2009 International Fire Code or adopted standard at the time of building permit application.
Access Management: Abandoning the street is not anticipated to cause
any issues regarding emergency access as the properties on either side of the proposed abandonment share the same owner and emergency services have access to the property from North Poe, North 6th and Veck Streets.
Notification required: Yes Notifications Sent: 9 Received In favor 2 Received in opposition 0
Special Information
Private Utilities: AEP has a transmission line running north to
south along the eastern portion of Bock 5.
Basis for Recommendation
Staff has discovered several reasons to recommend approval of this proposal. To begin with, the Future Thoroughfare Plan does not show this to be a street that will someday connect over the railroad R.O.W. The logical explanation for this is that East Houston Harte Expressway over-rode the need for Ellis Street to continue on past the railroad tracks. Ellis Street does not resume to the east until it becomes part of the frontage road to East Houston Harte Expressway, about a half mile away.
Another reason staff recommends approval of this proposal also
concerns the railroad to the east end of the property. Combined with the steep topography of the railroad right-of-way, any possible connection to the east side of the tracks would most likely require expensive infrastructure improvements in order to make Ellis Street a through street.
Yet another reason staff foresees no problems with traffic flow with the
closure of Ellis Street as proposed is because drivers have ample opportunities to enter and exit the area. For example, traffic exiting right
from Poe Street onto East 6th Street (located at the northern section of the property) can gain quick access onto the East Houston Harte Expressway, or even exit off onto Baze Street as well as North Pope and North Browning Streets along the way. Additionally, drivers have options of using Ellis Street to the west of the property and also travelling south on North Poe Street to meet with Veck Street.
New business to the area would, no doubt, attract additional traffic. This
has been an option since the advent of the subdivision. Aside from possible traffic that would be generated once a business begins operating from the property, staff does not foresee any major change to the area residents and properties should this abandonment itself be approved, as it is interior to Blocks 5 & 6. Again, the street is currently unimproved and dead ends at the railroad R.O.W. Furthermore, it is not being used as an access road by the City for emergency access purposes or for refuse disposal, for example. A street abandonment may provide an opportunity here for a much better use of the area by attracting not just the applicant’s enterprises, but also future businesses.
Proposed Conditions
1. Written confirmation from AEP establishing that transmission
lines will not adversely be affected by the proposed street abandonment and will be accessible to the company via a an easement if facilities are deemed to be in the abandonment.
Attachments: excerpt from zoning map, showing the general location with
the City of San Angelo; excerpt from zoning map, highlighting subject
property; aerial photo, highlighting subject property; citizen response letters; and draft ordinance. Presentation: Roxanne Johnston, Planner Reviewed by: Jeff Hintz, Interim Senior Planner ()
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company 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
RE: abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo,
WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner(s), subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,
Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:
The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as
7th Street), extending east from the east right-of-way line for North Poe Street and more particularly as follows:
BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern Heights
Addition, as said Lot and Block are shown on a subdivision plat of Eastland Heights Addition to the City of San Angelo, recorded on December 12, 1932.
THENCE in an eastward direction along the north boundary of said Lot 3 of Block 6
and continuing laterally across a 10 foot abandoned alley right-of-way which originally bisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.
THENCE continuing eastward along the northern border of Lots 2 and 1 of Block 3 of
the Eastland Heights Addition to the western portion of the railroad right-of-way located at the northeastern point of Lot 1 in a northeasterly direction to the south point of Lot 15 of Block 5 of said Eastland Heights Addition.
THENCE commencing in a westerly direction along the northern right-of-way line for
Ellis Street to the southwest corner of lot 9 of Block 5 of said Eastland Heights Addition.
THENCE southward to the northwest corner of Lot 3 of Block 6 of said Eastland
Heights Addition BEING THE POINT OF BEGINNING.
2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.
3. That the abandonment and conveyance provided for herein shall extend only to the
public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.
4. That the Mayor of the City of San Angelo is hereby authorized to execute and deliver
a quit claim deed conveying the above-described tract to the abutting property owner(s).
5. That the Grantee(s) shall pay all reasonable costs associated with procedures
necessitated by the request to abandon public right-of-way within the above-described tract, as well as a fee in compensation for the estimated market value of land in those portions of this right-of-way which were so dedicated with a subdivision plat of the Eastland Heights Addition.
6. That the terms and conditions contained in this ordinance shall be binding upon
Grantee(s) and assigns. INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING STREET SEGMENT, TO WIT: An approximately 42’ wide portion of the unimproved public right-of-way for Ellis Street, extending approximately 315’ eastward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company 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
RE: abandonment of public right-of-way for Ellis Street extending approximately 315’ east/westward between Blocks 5 & 6 of the Eastland Heights Addition, immediately adjacent to property owned by a railroad company in north central San Angelo,
WHEREAS, the City Council of the City of San Angelo, acting pursuant to law, deems it advisable to abandon and convey the herein described tract of land to the abutting property owner(s) and is of the opinion that said land is not needed for public use, and that same should be abandoned and quit claimed to the abutting property owners as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner(s), subject to the conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1. That the following described tract in the City of San Angelo, Tom Green County,
Texas be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject however, to the conditions and restrictions hereinafter more fully set out:
The east 315 feet of public-right-of-way remaining for Ellis Street (formally platted as
7th Street), extending east from the east right-of-way line for North Poe Street and more particularly as follows:
BEGINNING at a point in the northwest corner of Lot 3 in Block 6 of Eastern Heights
Addition, as said Lot and Block are shown on a subdivision plat of Eastland Heights Addition to the City of San Angelo, recorded on December 12, 1932.
THENCE in an eastward direction along the north boundary of said Lot 3 of Block 6
and continuing laterally across a 10 foot abandoned alley right-of-way which originally bisected Lots 3-6 from Lots 1,2 and 7 of Block 6 of said Eastland Heights Addition.
THENCE continuing eastward along the northern border of Lots 2 and 1 of
Block 3 of the Eastland Heights Addition to the western portion of the railroad right-of-way located at the northeastern point of Lot 1 in a northeasterly direction to the south point of Lot 15 of Block 5 of said Eastland Heights Addition.
THENCE commencing in a westerly direction along the northern right-of-way
line for Ellis Street to the southwest corner of lot 9 of Block 5 of said Eastland Heights Addition.
THENCE southward to the northwest corner of Lot 3 of Block 6 of said
Eastland Heights Addition BEING THE POINT OF BEGINNING.
2. That the abandonment and conveyance provided for herein is made and accepted subject to all present zoning and deed restrictions, if the latter exist, and all existing easements, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise.
3. That the abandonment and conveyance provided for herein shall extend only
to the public right, title, easement and interest and shall be construed to extend only to the interest which the governing body for the City of San Angelo may legally and lawfully abandon and vacate.
4. That the Mayor of the City of San Angelo is hereby authorized to execute and
deliver a quit claim deed conveying the above-described tract to the abutting property owner(s).
5. That the Grantee(s) shall pay all reasonable costs associated with procedures
necessitated by the request to abandon public right-of-way within the above- described tract, as well as a fee in compensation for the estimated market value of land in those portions of this right-of-way which were so dedicated with a subdivision plat of the Eastland Heights Addition.
6. That the terms and conditions contained in this ordinance shall be binding
upon Grantee(s) and assigns. INTRODUCED on the 4th day of June, 2013 and finally PASSED, APPROVED AND ADOPTED on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
____________________________________
Alvin New, Mayor
ATTEST:
________________________________ Alicia Ramirez, City Clerk Approved As To Content: Approved As To Form: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney
AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 24.484 ACRES LOCATED WEST/SOUTHWEST OF THE CITY EXTENDING NORTHWEST FROM MILLS PASS DRIVE BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; DESCRIBING THE TERRITORY ANNEXED; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING FOR AMENDMENT OF THE BOUNDARIES AND OFFICIAL MAP OF THE CITY; APPROVING A SERVICE PLAN THEREFORE; SUBJECTING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; DIRECTING NOTICE TO SERVICE PROVIDERS; DIRECTING PRECLEARANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING COMPLIANCE WITH OPEN MEETINGS ACT; AND, PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and WHEREAS, pursuant to Texas Local Government Code, Section 43.028, all of the owners of a tract of land containing 24.484 acres extending northwest from Mills Pass Drive, Tom Green County, Texas, located directly west of an 8.995 acre tract annexed to the City Limits on March 5, 2013 that comprised the Prestonwood Addition, Section Two, more fully described in Exhibit “A”, attached hereto and made a part hereof for all purposes (hereinafter the “Area” or “Territory”), has petitioned the City Council in writing to annex the Area into the corporate limits of the City of San Angelo; and, WHEREAS, the Area is (a) one-half mile or less in width; (b) contiguous to the City; and (c) vacant and without residents; and, WHEREAS, three public hearings have been held, the first on May 7th of 2013, the second on May 21st of 2013, and the third on June 4th 1913 as required by law and at San Angelo’s McNease Convention Center, where all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory hereinafter described; and WHEREAS, all notices have been issued as required by law and all hearings held within the time required by law; and
WHEREAS, the City Council accepted the Petition Requesting Annexation by Area Landowners, and directed Planning staff to proceed with the proposed annexation schedule, at a regularly held meeting of the City Council on April 2, 2013; and,
WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; TEXAS: Section 1. Findings of Fact. All of the above premises are hereby found to be true and correct and are incorporated into the body of this ordinance as if fully set forth. Section 2. Annexation. The Territory described in Exhibit “A”, attached hereto and incorporated herein for all purposes, said Territory lying adjacent to and contiguous with the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed into the City of San Angelo, Texas, and said Territory shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous with the Area annexed, are hereby altered, extended and amended so as to include said Area within the corporate limits of the City of San Angelo, Texas. Section 3. Amendment of Boundaries and Official Map of City. The official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned annexed Territory as part of the City of San Angelo, Texas. Section 4. Service Plan. The service plan attached hereto as Exhibit “B” is hereby approved and is incorporated herein for all purposes. The City of San Angelo makes an affirmative determination that this service plan provides for services to the annexed Territory which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this Territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed Territory. Section 5. Pro rata Share of Taxes. The annexed Territory being a part of the City of San Angelo for all purposes, the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo; and, Section 6. Rights, Privileges and Duties of Inhabitants. The inhabitants of the annexed Territory shall be entitled to the rights and privileges of the other citizens of the City of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 7. Filing of Ordinance and Preclearance. The City Clerk is hereby directed to file a certified copy of this Ordinance with the County Clerk of Tom Green County, Texas, the Voting Registrar of Tom Green County, the Tom Green County Appraisal District, The Texas Secretary of
State, and the Texas Comptroller of Public Accounts in the manner required by law. The City Secretary is further directed to notify any service providers of services in the annexed Area and to submit preclearance of the annexation with the United States Department of Justice pursuant to State law and the federal Voting Rights Act. Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption.
INTRODUCED on the 4th day of June, 2013, and finally PASSED, APPROVED AND ADOPTED
on this the 18th day of June, 2013.
THE CITY OF SAN ANGELO
by:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________
Alicia Ramirez, City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM A. J. Fawver, Planning Manager Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Meeting Date: June 4, 2013
To: Mayor and Council members
From: AJ Fawver, AICP, Interim Director of Development Services Jeff Hintz, Interim Senior Planner Subject: consider petition for possible annexation (to San Angelo’s City
limits) of certain properties situated southwest of San Angelo
Location: First of two required public comment periods for an area encompassing a vacant 24.484 acre 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 proposed Prestonwood Addition, Section Two.
Contacts: AJ Fawver, Jeff Hintz 657-4210
Caption: Public comments for and against annexation of certain properties situated immediately west/southwest of San Angelo and encompassing a vacant 24.484 acre 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 proposed Prestonwood Addition, Section Two.
Summary: City staff was presented with a petition for annexation of the property described above and specifically shown in the attached exhibits. A copy of the petition is also included within the exhibits. The property in question is entirely vacant and situated adjacent to a growing residential subdivision, known as the Prestonwood Addition, located south/southeast of Sam's Club and west of Bonham Elementary School. This subdivision, nearing the completion of its development, was annexed to the city in 2008 and incorporates both traditional single-family residences and zero lot line homes.
On March 5, 2013 a vacant 8.995 acre tract was annexed into the City Limits; this particular property subject to this annexation request is directly adjacent to this 8.995 acre tract. A zone change and subsequently was applied for and approved zoning, this 8.995 acres Single-Family Residential (RS-1) from its default of Ranch and Estate (R&E) pursuant to section 303.A of the Zoning Ordinance. A subdivision of this 8.995 acres was approved by the Planning Commission and is currently awaiting for conditions of approval to be met before it may be recorded. By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council initiated a process that may be completed as early as February 19, 2013.
The subject area of proposed annexation is uninhabited and free of any structures. The Local Government Code authorizes cities to annex sparsely occupied areas on petition of the area's landowner(s). This section (43.028) only applies to the annexation of areas that meet the following criteria:
(1) is one-half mile or less in width; (2) is within the ETJ (Extra-Territorial Jurisdiction) of the city; (3) is vacant and without residents, or on which fewer than three qualified voters reside; (4) is contiguous to the annexing city.
annexation calendar (no special meetings needed) first public hearing June 4, 2013 second public hearing June 18, 2013 introduce annexation July 16, 2013 ordinance, on first reading second and final reading August 6, 2013 of annexation ordinance
Analysis of Proposed Annexation:
It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:
"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."
This Plan provides guidance for annexation, many of which are relevant to this scenario. First, the plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is
vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the city limits all around San Angelo - and should not necessarily be annexed. However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract - in the context that the neighboring property under the same ownership which is developing currently - was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...". The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists."
Financial Impact: not applicable, yet Recommendation: N/A Attachments: legal description as provided by the applicant, of the proposed
area survey map as provided by the applicant petition as submitted to City staff Presentation: AJ Fawver, AICP, Planning Manager Publication: A legal notice was required for this and the next public hearing
(on June 18th) of this item. This notice was published in accordance with the Texas Local Government Code, on May 21, 2013.
City of San Angelo
Memo Date: May 22, 2013
To: Mayor and Council members
From: Ricky Dickson, Water Utilities Director
Subject: Agenda item for June 4, 2013 Council Meeting
Contact: Ricky Dickson 657-4209
Caption: Consideration of granting a variance to Sec.11.203 - Water Supply Stage - Drought Level II (C) Water of “new landscape” shall not be allowed as stated in Section 11.202 for “new landscape.”
Summary: The City of San Angelo entered Drought Level II beginning June 1, 2013. Under Drought Level II the watering of new landscape is only allowed once per week along with other restrictions as stated in the Water Conservation and Drought Contingency Plan.
Farmers Daughter Landscape is requesting a variance from the conditions of “watering new landscape” as set forth under Drought Level II. (See attached petition form Farmers Daughter)
History: The City Council has approved variances from the Water Conservation and Drought Contingency Plan.
Financial Impact: N/A
Other Information/ Recommendation:
Attachments: Water Conservation and Drought Contingency Plan
Petition for Variance from Farmers Daughter Landscape
Presentation: None
Reviewed by: Ricky Dickson, Water Utilities Director May 22, 2013
FARMER’S DAUGHTER LANDSCAPE 5433 BEN FICKLIN RD
SAN ANGELO, TEXAS 76904 PH 325-651-2665
Petitioner: Farmer’s Daughter Landscape For Lee Junior High 2500 Sherwood Way Purpose of water: Enabling sod at athletic field at Lee Junior High to complete root
establishment. Quantity at this time is unknown. (I will know before council meeting)
After June 1st I need approximately one more week of daily watering to get the sod rooted. Because of the severe weather in the North Texas area, the grower wasn’t able to cut and install the sod as scheduled. After one additional week, the school will be able to water once a week and the sod will continue to grow. Thank you for your consideration
Tam Honaker
City of San Angelo
Memo Date: June 5, 2013
To: Mayor and Council Members
From: Morgan Chegwidden, Budget Manager
Subject: Agenda Item for 6-4-13 Council Meeting
Contact: Morgan Chegwidden, 653-6291
Caption: Regular Item
Discussion and any action in connection thereto of the fiscal year 2012-2013 budget as it relates to ambulance fees.
Summary: Staff requests discussion and direction on use of the increased ambulance fees implemented in late 2012. Direction on how to utilize this funding source is one item from the current 2012-2013 budget that is still outstanding. At this time it is necessary to discuss utilizing these funds for immediate fire and ambulance needs.
History: On October 16, 2012 City Council authorized the increase to ambulance service fees. Staff presented options on how to utilize this revenue for equipment, vehicles, buildings, and other fire and ambulance needs. Allocation of the funds was postponed.
City Council discussed using this revenue to address fire and ambulance projects on May 14, 2013. A majority vote on how best to allocate these funds was not approved.
Financial Impact: Early trend data indicates $380,000 in new revenue this fiscal year. This revenue and any related expense is not budgeted and would require an amendment to the budget ordinance. Pending today’s direction from City Council, an amendment to the budget ordinance will be presented at a later City Council meeting.
Related Vision Item
(if applicable):
Financial Vision
Other Information/ Recommendation:
Staff recommends use of the funds for software, fire truck replacement, and fire training center debt service.
Attachments: N/A
Presentation: PowerPoint
Publication: No
Reviewed by Director:
Michael Dane
Approved by Legal: N/A
ARTICLE 8.100 GENERAL OFFENSES
Sec. 8.105 Noise From a Motor Vehicle
(a) It shall be unlawful to play, operate or use any device known as a stereo, compact disc player, radio, phonograph, loud speaker, sound truck, or any sound or music amplification system or any other instrument of any kind or character which emits loud, unusual, prolonged or raucous noises and is attached to or upon any motor vehicle, unless such person in charge of such vehicle shall have first applied to and received a permit from the chief of police or the chief's designee to operate any such vehicle so equipped.
(1) Denial of a Permit. Denial of a permit may be appealed to the city council by theapplicant. Written request for appeal must be received by the chief of police no later than ten(10) days from the denial of application for a permit.
(2) Requirements for Issuance of a Permit. In considering an application, the chief of police or the chief's designee may consider the type of motor vehicle, the time of day or nightrequested, the length of time for which the permit is requested, the location or locationswithin the city, and any other condition which may impact the public safety, health andwelfare of the citizens of San Angelo. The chief of police or the chief's designee may requirethe applicant to provide traffic control, security or any other requirement necessary for thepreservation of life, health and property. Any expenses incurred for traffic control andsecurity shall be borne by the applicant. No permit shall be issued for a period longer thantwelve (12) hours. The permit may be revoked at any time by the chief of police or the chief'sdesignee when the public safety, health and welfare makes such revocation necessary. Thepermit so given to any person shall not be transferable.
(b) Penalty. Any person who violates any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this code. Each day of such violation shall constitute a separate offense.
(Ordinance adopted 10/2/01)
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