City Council Agenda August 4, 2015

Transcription

1 City Council Agenda August 4, 2015 Notice is hereby given of a regular meeting of the City Council of City of San Angelo to be held on Tuesday, August 4, 2015 at 9:00 a.m. at the McNease Convention Center South Meeting Room, 501 Rio Concho Drive, San Angelo, Texas, for the purpose of considering the following agenda items. 1. Call to Order 2. Prayer and Pledge 3. Proclamations/Recognitions a. The 80th anniversary of the signing of the Social Security Act proclamation to be received by Ray Vigil with the Social Security Administration b. San Angelo s school crossing guards recognition to be received by Risk Manager Marion McMinn and School Crossing Guard Supervisor Richard Barron 4. Public Comment Issues or items that are not on the agenda may be raised by the public at this time. Citizens should speak from the podium, begin by stating their name and limit remarks to less than five minutes. Council members may request that a discussed item be placed on a future agenda. The Council takes public comment on all Regular Agenda items during the discussion of those items. 5. Consent Agenda a. Consider approving the following City Council meeting minutes: 1) July 21, 2015 Regular Meeting; 2) July 21, 2015 Special Joint Meeting; and 3) July 28, 2015 Budget Work Session b. Consideration of authorizing the sale of the following Lake Nasworthy property to current residential lake lot lease holder for the appraised value: Lot 17, Block 1,Group 15 (2366 Fisherman s Road) $50,500 c. Consider ratifying COSADC approval of the First Amendment to the Economic Development Performance Agreement between City of San Angelo Development Corporation (COSADC) and DeCoty Coffee Company, Inc (R.Peña) d. Consider approval and ratification of the City of San Angelo Development Corporation s resolution authorizing the use of sales and use tax funds for a project related to Section Recreational and Community Facilities as authorized under the Type B Corporation in Local Government Code Chapter 505 Subchapter D (R.Peña) e. Consider awarding bid (WU-07-15) to HD Supply Waterworks (San Angelo, TX) for one (1) year in the amount not to exceed $500,000, Budgeted in FY15 and FY16 for commercial and residential water meter inventory supplies (B.Riley/R.Pehl) f. Consider authorizing the City Manager to execute an interlocal agreement between Public Safety Communications and the Concho Valley Council of Governments (CVCOG) for E9-1-1 Public Safety Answering Point (PSAP) Services, being effective from September 1, 2015 to August 31, 2017 (J.Fant)

2 g. Consider awarding (PD Equature NG Voice Logging Recorder) to DSS Corp. (Southfield, MI) in the amount of $129,340, utilizing HGAC Contract # EC07-14 and authorizing the City Manager to negotiate and execute any necessary documents (J.Fant) h. Consider rejecting a submission by Concho Cruises & Marina (PL-01-15), for a resort development at Mary E Lee Park (A.Fawver) i. Consider approving paid time off for City employees who contribute a care share or greater to the United Way campaign (A.Wilson) j. Second Hearing and consider adopting the following ordinances: 1) An ordinance rezoning property generally located North of Twohig Avenue, West of Main Street, South of 2nd Street and East of Chadbourne Street from a combination of General Commercial (CG) and Central Business District (CBD) to a Planned Development (PD) District(R.Guerra) PD15-04: Shannon Downtown Medical Campus 2) An ordinance authorizing abandonment of public right-of-way in Miles Addition Blocks 21 & 21 ½ in San Angelo, Texas including an approximately 20 x alley running east to west, perpendicular to N. Main Street and authorizing the conveyance to abutting property owners (R.Guerra) 3) An ordinance amending Appendix A Fee Schedule, revising planning and related fees (M.Chegwidden) 6. Regular Agenda a. Consideration and direction regarding a proposed ordinance amending Chapter 8 of the City of San Angelo Code of Ordinances by adding an exception under section Noises Prohibited for noise occurring school, university or city owned property related to a school or university sponsored activity or event (Requested by Mayor Morrison, Guest Speaker; former SAISD Superintendent Dr. Carol Ann Bonds) b. Discussion and direction on the development and implementation of a mandatory animal spay/neuter (MSN) ordinance (Presentation by Neighborhood & Family Services Director Robert Salas) c. Discussion regarding the fiscal year budget preparation including consideration of a record vote to propose a property tax rate (Presentation by Budget Manager Morgan Chegwidden) d. First Public Hearing and consideration of a service plan and an Ordinance annexing (to San Angelo s City limits) of certain properties located south of Loop 306 and east of Knickerbocker Road (Presentation by Planning Manager Rebeca Guerra) e. Discussion and authorization for proposed Request For Qualifications (RFQ) for consultant services associated with updating the City s Zoning Ordinances, Chapter 12, Exhibit A (Presentation by Planning Manager Rebeca Guerra) f. First Public Hearing and consideration of replacing Article Solid Waste of the Code of Ordinances in its entirety (Presentation by Operations Director Shane Kelton) g. Update on the two (2) public boat ramp improvement projects at Lake Nasworthy parks (Requested by Councilmember Fleming, Presentation by Parks & Recreation Director Carl White)

3 h. Consideration of awarding proposal (WU-04-15) for the 2015 Water Treatment Plant Improvements Project to Red River Construction Co., of Wylie, Texas in the amount of $2,685,250, authorizing staff to negotiate a contract, and authorizing the City Manager or City Manager Designee to execute said contract and any related documents (Presentation by Water Utilities Director Bill Riley and City Engineer Russell Pehl) i. Discussion and recommendation regarding the rehabilitation of the Police Safety City facilities or the creation of a new facility (Presentation by Police Chief Tim Vasquez) j. Consideration of and action related to: 1) Selection of a uniform election date for Charter amendments 2) Propositions proposed by the Charter Review Committee for placement on an election ballot (Presentation by City Attorney Theresa James and City Clerk Bryan Kendrick) k. Discussion and direction regarding Appendix A of the Fee Schedule Sec. A8.007 Water billing charges related to late charges on delinquent utility bills (Requested by Mayor Morrison, Presentation by Water Utilities Director Bill Riley) l. Discussion and possible direction related to the new water connection process (Requested by Council Member Self, Presentation by Water Utilities Director Bill Riley) 7. Closed Session Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: Section (1)(a) to consult with attorney when the governmental body seeks the advice of its attorney about pending or contemplated litigation regarding Martifer-Hirschfeld Energy Systems, LLC ET. AL. Section (2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding West Texas Water Partnership 8. Follow Up and Administrative Issues a. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed b. Consideration of approving various Board nominations 1) Downtown Development Commission: Brenda Gunter (Council) to an unexpired term c. Announcements and consideration of Future Agenda Items 9. Adjournment CERTIFICATION I hereby certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of San Angelo, Texas, on the 30 th day of July 2015, at 4:00 p.m. /s/ Bryan Kendrick, City Clerk

4 All agenda items are subject to action. All contracts are presented in substantially the attached form. The City Council reserves the right to consider business out of posted order and/or meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. In compliance with the Americans with Disabilities Act, the City of San Angelo will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 48 hours prior to the meetings. Please contact the City Clerk s Office at 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.

5 On August 14, 1935, President Franklin D. Roosevelt signed the Social Security Act into law Social Security is a social insurance program under which workers earn coverage for retirement, survivors, and disability benefits by paying Social Security taxes on their earnings Social Security serves as vital financial protection for working men and women, children, those with disabilities, and the elderly Social Security also administers the Supplemental Security Income program, which is funded by general revenues and provides cash assistance to aged, blind, and disabled persons who have very limit means The Social Security program is the cornerstone of economic protection on which workers can build a comfortable retirement through pensions, insurance, savings, and other income Social Security is committed to providing the American public choices for conducting business with the agency. The Social Security website offers online services, applications, and program information for beneficiaries, employers, and the public mysocial Security allows people quick, convenient, and secure access to their personal Social Security record. A persona mysocial Security account is a valuable source of information beginning in employees working years and continuing throughout the time they receive Social Security benefits The City of San Angelo recognizes the importance of Social Security benefits to the welfare of its citizens and joins the Social Security Administration in celebrating its past and in building its future Therefore, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim, August 14, 2015; The great City of San Angelo joins the Nation in celebrating the 80 th anniversary of the signing of the Social Security Act In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of San Angelo to be affixed this 4 th day of August, Dwain Morrison Mayor of the City of San Angelo

6 School crossing guards are a special lot. They perform a spectacularly hazardous job by standing in the middle of streets often navigated by rushed or distracted drivers. They perform their assigned duty in hundred-degree heat, icy chills and sideways rain. They suffer abuses large and small, from road-raged motorists to obstinate schoolchildren. And why? So San Angelo s most precious treasures our children and grandchildren get safely to school and back home again. Because they love youngsters. And because they want to remain active in retirement and contribute to their community. The City of San Angelo s Risk Management Division employs 37 school crossing and relief guards and is always looking for new recruits. Guards are supervised by Richard Barron, a former teacher and crossing guard who has worked 16 years for the City. Crossing guard salaries are funded through vehicle registrations. Risk Management attempts to assign guards to schools in or near their neighborhoods, issuing each the tools of the trade: a reflective vest, a whistle, a stop sign, a flashlight, a raincoat and a traffic cone. Guards undergo training each August before school starts. These kind folks are too often unappreciated, but not today. Today we laud them in expressing our sincere gratitude for the service they provide to San Angelo s schoolchildren and to our public schools. Therefore, I, Dwain Morrison, Mayor of the City of San Angelo, on behalf of the City Council, do hereby recognize and applaud San Angelo s school crossing guards for their dedication and positive determination to make a difference in our community. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of San Angelo to be affixed this 18th day of August, Dwain Morrison Mayor of the City of San Angelo

7 City of San Angelo, Texas Regular City Council Meeting Tuesday July 21, 2015 Present: Mayor Dwain Morrison Mayor Pro tem Marty Self, SMD 2 Council Member Rodney Fleming, SMD 1 Council Member Johnny Silvas, SMD 3 Council Member Lucy Gonzales, SMD 4 Council Member Elizabeth Grindstaff, SMD 5 Council Member Charlotte Farmer, SMD 6 1. Call to Order With a quorum of the City Council Members present, Mayor Morrison called the regular session of the San Angelo City Council to order at 9:02 a.m. on Tuesday, July 21, 2015, in the San Angelo McNease Convention Center, 501 Rio Concho Drive, San Angelo, Texas Prayer and Pledge An invocation was provided by Mike Schmitz, a minister at House of Faith; and the pledges were led by Isabella Frerich (7 years old) and Ty Frerich (4 years old), the children of Assistant Director of Operations Patrick Frerich. 3. Public Comment Citizen Ramiro Hernandez expressed concern over loose/stray animals around the city and the level of staffing for animal control officers. Citizen John Sage expressed concern over the $25 late fees on water bills. City Manager Daniel Valenzuela introduced the new City Attorney Theresa James. Council Member Grindstaff Council Members Gonzales and Farmer Council Member Farmer announced the 2016 Annual Meeting for Ports-to-Plains will be held in San Angelo. Ms. Farmer also thanked Parks and Recreation Director Carl White for his dedication and hard work. Council Member Silvas expressed concerns over mosquito problems at a few locations. Ms. Silvas also expressed concerns over lighting/safety in the downtown area. Council Member Fleming asked for an update on the boat ramp project at Lake Nasworthy. Mayor Morrison expressed support for the possible future I-27 expansion. 4. Consent Agenda a. Approval of the July 7, 2015 City Council regular meeting minutes b. Adoption of a resolution awarding RFB:CFM (City Hall Auditorium Asbestos Abatement) to Jupe Environmental, Inc. for $24,900 and authorizing the City Manager to execute contract and all associated documents

8 c. Adoption of a resolution authorizing a tax resale deed (Quitclaim) to be executed by the Mayor on behalf of all taxing units in the Tax Foreclosure Judgment or Tax Warrant to the following properties: 1) Lot 1, Block 2, Mineola Addition; 1714 Hudson; Galilee Community Dev Corp ($1,500) 2) Lot 7, Block 76, Miles Addition; 126 W. 10th St; Legacy 4U, LLC ($2,500) d. Approval of premium renewal for Excess Workers' Compensation Insurance for policy year 7/1/2015-7/1/2016 to Midwest Employers Casualty Company for $74,656 e. Adoption of a resolution authorizing the City Manager to execute an agreement with the Department of State Health Services and accepting the FY2015 CPS/HAZARDS Public Health Emergency Preparedness (PHEP) Grant in the amount of $100,296 with the City providing a 10% Match of $10,030 f. Approval of authorizing the City Manager to execute a first amendment to the subrecipient agreement with MHMR increasing Home Investment Partnership (HOME) grant funds in the amount of $29,000 for the current program year g. Item 4g was moved to Regular Agenda h. Second hearing and adoption of the following ordinances: 1) an ordinance amending Appendix A Fee Schedule, revising permits & inspections fees 2) an ordinance amending the budget for grants and new projects Motion: Council Member Silvas made a motion, seconded by Council Member Farmer, to approve the Consent Agenda, as presented, with the exception of item 4g. The motion carried unanimously seven (7) ayes to zero (0) nays. 5. Regular Agenda Moved from Consent Agenda 4g: Approval of an increase to RFB WU Trench Repair to CM Construction (San Angelo, TX) by 25% of the original bid amount of $1,365, to $1,706,414 Council Member Farmer asked for more information in the interest of transparency regarding this item. Water Utilities Director Bill Riley presented background information. Motion: Council Member Farmer made a motion, seconded by Council Member Grindstaff, to approve the increase to RFB WU-01-14, as presented. The motion carried unanimously seven (7) ayes to zero (0) nays. a. Update from the West Texas Weather Modification Association This item was requested by Council Member Farmer; a presentation was made by Meteorologist Jonathon Jennings. A copy of the report is part of the permanent supplemental record. Finance Director Tina Carriger responded to a question from Council Member Farmer regarding the funding of this program. Ms. Farmer requested staff to look into the possibility of this project being funded through the water development portion of the half cent sales tax. No Action was taken on this item. b. Status update and direction from Council for Rain Water Harvesting This item was requested by Council Member Fleming; a presentation was made by City Engineer Russell Pehl. A copy of the report is part of the permanent supplemental record. Council Member Grindstaff asked that city staff work in congress with the Water Advisory Board. Consensus of City Council was reached to move forward on the development of this ordinance.

9 RECESS At 10:00 a.m., Mayor Morrison called a recess. RECONVENE At 10:16 a.m., Council reconvened, and the following business was transacted: c. Adoption of a resolution authorizing implementation of Public Works Department water and sewer design standards; and authorizing the Department to make revisions to the design standards as may be recommended and approved by the City Engineer from time to time A presentation was made by City Engineer Russell Pehl. A copy of the report is part of the permanent supplemental record. Motion: Council Member Farmer made a motion, seconded by Council Member Grindstaff, to adopt the resolution, as presented, with the addition of requirement of Council Approval of changes recommended by the City Engineer. The motion carried unanimously seven (7) ayes to zero (0) nays. d. Discussion of the proposed dog park and approval of matters related to location, construction and allocation of funds for development costs This item was requested by Council Member Farmer; a Presentation by Parks and Recreation Director Carl White. A copy of the report is part of the permanent supplemental record. Council Members Farmer, Fleming and Silvas spoke in support of this project. Council Member Grindstaff and Mayor Morrison expressed concern over the use of public funds to complete the funding of this project. Citizens John Bariou and Stephanie Trevino spoke in support of this project. Motion: Council Member Fleming made a motion, seconded by Council Member Farmer, to approve site option 1 A/C, as presented and provide the additional funding up to $12,000 if needed, to complete this project. The motion carried four (4) ayes to three (3) nays with Mayor Morrison, Council Members Grindstaff and Self casting the nay votes. e. Acceptance of the Charter Review Committee s recommendations of propositions to be placed on election ballot in November 2015 A presentation was made by Charter Review Committee. A copy of the report is part of the permanent supplemental record. Motion: Council Member Farmer made a motion, seconded by Council Member Silas, to accept the recommendations, as presented and direct the City Attorney to prepare ballot language for approved propositions in compliance with State Law. The motion carried unanimously seven (7) ayes to zero (0) nays. 6. Closed Session Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: Section (2) to consult with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding West Texas Water Partnership

10 Section (1)(a) to consult with attorney when the governmental body seeks the advice of its attorney about pending or contemplated litigation regarding the 2013 Sealcoat Program Section 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 (OneEnergy Renewables) RECONVENE At 12:06 p.m., Council reconvened, and the following business was transacted: RECESS At 12:07 p.m., Mayor Morrison called a recess to begin a special joint meeting with City of San Angelo Development Corporation. RECONVENE At 1:09 p.m., Council reconvened, and the following business was transacted: Regular Agenda Continued Mayor and Council by consensus decided to consider item 5k out of posted order. k. Discussion, consideration, and: 1) Approval of Modifications to the TIRZ Board Incentives Policy for FY2015 as it relates to distribution of monies and deadline for project completion; 2) Approval of Modifications to the TIRZ Board Incentives Agreement for FY2015 relating to same; 3) Postponement of Funding recommendations from the TIRZ Board for FY2015; and 4) Approval of Creating an additional application window for FY2015 A presentation was made by Planning & Development Administrator AJ Fawver. A copy of the report is part of the permanent supplemental record. Motion: Council Member Grindstaff made a motion, seconded by Council Member Fleming, to approve k1, k2, and k4, as presented and to postpone item k3. The motion carried five (5) ayes to two (2) nays with Mayor Morrison and Council Members Farmer casting the nay votes. f. Second public hearing for public comments for and against annexation into the city of certain properties located south of Loop 306 and east of Knickerbocker Road and described as approximately acres of land out of Casper Berberich Survey 177, Abstract No. 52 and Heinrich Zerbach Survey 178, Abstract No. 4210, City of San Angelo, Tom Green County, Texas and being out of certain tract described and recorded in Instrument No A presentation was made by Planning Manager Rebeca Guerra. A copy of the report is part of the permanent supplemental record. No Action was taken on this item. g. Postponement of discussion and authorization for proposed Request For Qualifications (RFQ) for consultant services associated with updating the City s Zoning Ordinances, Chapter 12, Exhibit A No Action was taken on this item. This item was postponed to a future meeting.

11 h. First public hearing and introducion of an ordinance rezoning property generally located North of Twohig Avenue, West of Main Street, South of 2nd Street and East of Chadbourne Street from a combination of General Commercial (CG) and Central Business District (CBD) to a Planned Development (PD) District PD15-04: Shannon Downtown Medical Campus A presentation was made by Planning Manager Rebeca Guerra. A copy of the report is part of the permanent supplemental record. Motion: Council Member Silvas made a motion, seconded by Council Member Self, to approve the introduction of the ordinance, as presented. The motion carried unanimously seven (7) ayes to zero (0) nays. Council Member Grindstaff left the meeting at 1:53 p.m. i. First public hearing and introduction of an ordinance authorizing abandonment of public right-ofway in Miles Addition Blocks 21 & 21 ½ in San Angelo, Texas including an approximately 20 x alley running east to west, perpendicular to N. Main Street and authorizing the conveyance to abutting property owners A presentation was made by Planning Manager Rebeca Guerra. A copy of the report is part of the permanent supplemental record. Motion: Council Member Silvas made a motion, seconded by Council Member Self, to approve the introduction of the ordinance, as presented. The motion carried unanimously six (6) ayes to zero (0) nays. j. Public hearing and approval of the 2015 Annual Action Plan for use of CDBG and HOME grant funds; authorizing City Manager to execute the required applications, certifications, annual funding agreements for $710, of CDBG and $254, of HOME grant funds, and related documents Motion: A presentation was made by Neighborhood & Family Services Director Robert Salas. A copy of the report is part of the permanent supplemental record Council Member Farmer made a motion, seconded by Council Member Silvas, to approve the 2015 Action Plan, as presented. The motion carried unanimously six (6) ayes to zero (0) nays. Council Member Silvas left the meeting at 1:56 p.m. l. First public hearing and introduction of an ordinance amending Appendix A Fee Schedule, revising planning and related fees Motion: A presentation was made by Budget Manager Morgan Chegwidden. A copy of the report is part of the permanent supplemental record Council Member Farmer made a motion, seconded by Council Member Silvas, to approve the introduction of the ordinance, as presented. The motion carried unanimously five (5) ayes to zero (0) nays. m. Discussion regarding the fiscal year budget preparation A presentation was made by Budget Manager Morgan Chegwidden. A copy of the report is part of the permanent supplemental record No Action was taken on this item. 7. Follow Up and Administrative Issues

12 a. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed No action was necessary on this item. b. Announcements and consideration of Future Agenda Items Mayor Morrison requested there be an item on the next regular meeting agenda to discuss the $25 late fee on water bills. 8. Adjournment Motion: Council Member Farmer made a motion, seconded by Council Member Self, to adjourn the meeting. The motion carried unanimously five (5) ayes to zero (0) nays. There being no further business, the meeting was adjourned at 2:11 p.m. THE CITY OF SAN ANGELO Dwain Morrison, Mayor ATTEST: Bryan Kendrick, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk s Office or a video of the entire meeting may be purchased from the Public Information Officer at (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

13 City of San Angelo, Texas Special Joint City Council Meeting with City of San Angelo Development Corporation Tuesday, July 21, 2015 Present: Mayor Dwain Morrison Mayor Pro tem Marty Self, SMD 2 Council Member Rodney Fleming, SMD 1 Council Member Johnny Silvas, SMD 3 Council Member Lucy Gonzales, SMD 4 Council Member Elizabeth Grindstaff, SMD 5 Council Member Charlotte Farmer, SMD 6 John Bariou, President Tommy Hiebert, Second Vice President Richard Crisp, Director Juan Flores Jr., Director Scott Tankersley, Director 1. Call to Order With a quorum of the City Council Members present, Mayor Morrison called the special session of the San Angelo City Council to order at 12:15 p.m. on Tuesday July 21, 2015; and With a quorum of the City of San Angelo Development Corporation Directors present, President Bariou called the special session of the San Angelo City Council to order at 12:15 p.m. on Tuesday July 21, 2015 in the San Angelo McNease Convention Center, 501 Rio Concho Drive, San Angelo, Texas Special Agenda a. Discussion of matters related to the issues, duties, and responsibilities of the City of San Angelo Development Corporation A presentation was made by Economic Development Director Roland Peña. A copy of the report is part of the permanent supplemental record. Discussion was held on the following items: Strategic Plan Goals, and staying strategic in the approach to economic development Organization Goals Business Retention and Expansion The Industrial Park The LVN-RN Bridge Program The I-27 expansion The protection of COSA-DC s ability to vet projects before they come to City Council for approval Upcoming opportunities

14 3. Adjournment Motion: Motion: Council Member Farmer made a motion, seconded by Council Member Silvas, to adjourn the meeting. The motion carried unanimously seven (7) ayes to zero (0) nays. Second Vice President Hiebert made a motion, seconded by Director Tankersley, to adjourn the meeting. The motion carried unanimously five (5) ayes to zero (0) nays. There being no further business, the meeting was adjourned at 1:06 p.m. THE CITY OF SAN ANGELO Dwain Morrison, Mayor ATTEST: Bryan Kendrick, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk s Office or a video of the entire meeting may be purchased from the Public Information Officer at (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

15 City of San Angelo, Texas Special City Council Meeting Tuesday July 28, 2015 Present: Mayor Dwain Morrison Council Member Rodney Fleming, SMD 1 Council Member Johnny Silvas, SMD 3 Council Member Lucy Gonzales, SMD 4 Council Member Charlotte Farmer, SMD 6 1. Call to Order With a quorum of the City Council Members present, Mayor Morrison called the special session of the San Angelo City Council to order at 8:35 a.m. on Tuesday, July 28, 2015, in the San Angelo McNease Convention Center, 501 Rio Concho Drive, San Angelo, Texas Prayer and Pledge An invocation was provided, and the pledges were led by Mayor Morrison. 3. Work Session Agenda All matters listed under the work session agenda were presented for discussion and future planning purposes only. No administrative or regulatory action was taken by the council. Public comment was not accepted during the work session agenda. a. Discussion and consideration of matters regarding the fiscal year budget preparation including but not limited to: 1) General Fund revenue estimates; 2) Funding Council priorities and goals; and 3) Other items needing Council direction A presentation was made by Budget Manager Morgan Chegwidden. A copy of the report is part of the permanent supplemental record. Responding to questions from City Council, Human Resources Director Lisa Marley spoke about the upcoming increase in health insurance costs. Responding to questions from City Council, Operations Director Shane Kelton and Fleet Services Superintendent Ryan Kramer spoke about the challenges facing fleet services/vehicle maintenance in the coming fiscal year. Responding to questions from City Council, Human Resources Director Lisa Marley spoke about the possibilities of employee raises in the coming fiscal year. No Action was taken on this item 4. Adjournment Motion: Council Member Morrison made a motion, seconded by Council Member Farmer, to adjourn the meeting. The motion carried unanimously five (5) ayes to zero (0) nays.

16 There being no further business, the meeting was adjourned at 9:43 a.m. THE CITY OF SAN ANGELO Dwain Morrison, Mayor ATTEST: Bryan Kendrick, City Clerk In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk s Office or a video of the entire meeting may be purchased from the Public Information Officer at (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

17 Requestor: Cindy S. Preas, Real Estate, Meeting Date: August 4, 2015 Item type: Consent Caption: Consideration of authorizing the sale of the following Lake Nasworthy property to current residential lake lot lease holder for the appraised value: Lot 17, Block 1, Group Fisherman s Road $50,500 Summary/History: N/A Financial Impact: Upon approval, proceeds from the sale of residential lake lots will be placed in the Lake Nasworthy Trust Fund Other Information/Recommendation: If the sale is approved at the appraised value, a title examination will be performed and legal staff will prepare a Real Estate Contract of Sale, Special Warranty Deed and Surrender of Lease, as previously approved by City Council. Staff recommends approval. Attachments: Appraisers Reconciliation of Values Presentation: None Approvals/Reviews: Reviewed by Dan Saluri, Deputy City Attorney

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23 Requestor: Robert Schneeman, Economic Development, (ext 3) Meeting Date: August 4, 2015 Item type: Consent Caption: Ratify COSADC approval of the First Amendment to the Economic Development Performance Agreement between City of San Angelo Development Corporation (COSADC) and DeCoty Coffee Company, Inc. Summary/History: On March 3, 2015 City Council approved an Economic Development Performance Agreement between COSADC and DeCoty Coffee Company, Inc. as recommended by COSADC under the Business Retention and Expansion Program (BREP) based on a total capital investment by the company in the amount of $1,679, Upon completion of the project, the actual capital investment totaled $1,512, still well in excess of the minimum required capital investment for the program. COSADC approved an amendment to that agreement at its meeting of July 22, 2015 reducing the required capital investment to the actual cost of $1,512, The attached amendment to the agreement is intended to more accurately reflect that investment. Financial Impact: N/A Other Information/Recommendation: Staff recommends approval of the proposal Attachments: First Amendment to the Economic Development Performance Agreement Excerpt from the March 3, 2015 City Council minutes Presentation: None Approvals/Reviews: Reviewed by Roland Peña, Director of Economic Development

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25 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN CITY OF SAN ANGELO DEVELOPMENT CORPORATION AND DECOTY COFFEE COMPANY, INC. This First Amendment to Economic Development Performance Agreement is entered into this day of, 2015, (the Effective Date) by and between the City of San Angelo Development Corporation, a Texas non-profit corporation ( COSADC ) and DeCoty Coffee Company, Inc., a Texas company qualified to transact business in Texas ( Company ). RECITALS: WHEREAS, on February 25 th, 2015 COSADC and Company originally executed a Performance Agreement), a copy of which is attached to this Amendment as Attachment 1, attached herein as for reference; and WHEREAS, under that agreement Company agreed to make a capital investment of $1,679,236.00; and and WHEREAS, Company has since made a capital investment in the amount of $1,512,632.00; WHEREAS, COSADC has determined that a capital investment in the amount of $1,512,632 meets the intent of the Agreement; NOW, THEREFORE, in consideration of the mutual benefits and promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COSADC and Company agree the agreement dated February 25 th, 2015 shall be amended as follows. AGREEMENT: PART 1: Section 4. MINIMUM PROJECT CAPITAL INVESTMENT shall be replaced in its entirety with the following: 4. MINIMUM PROJECT CAPITAL INVESTMENT: In consideration of COSADC agreeing to provide Company direct incentives, and as a precondition to Company becoming eligible for such direct incentives in accordance with the terms, provisions and conditions of this Agreement, Company shall cause a

26 minimum Project Capital Investment to be made in capital improvements and business tangible personal property at the Site in accordance with the following schedule and as further provided under Exhibit A, attached and made a part hereof for all purposes: A. From the Effective Date and no later than December 31, 2015, Company shall have made a minimum Project investment in capital improvements of $743,408.00, and a minimum Project investment in personal property of $769,224.00, for a total Project investment of at least One Million Five Hundred Twelve Thousand Six Hundred Thirty Two and 00/100 Dollars ($1,512,632.00); and B. As a further performance requirement of this Agreement, Company shall provide to COSADC, no later than March 31, 2016, certified copies of the rendition statements and property tax reports delivered to the Tom Green County Chief Appraiser pursuant to V.T.C.A. Tax Code for the 2013, 2014, and 2015 tax years that evidence the minimum capital investment in the Project required under this agreement. PART 2: Exhibit A Capital Investment Schedule shall be replaced in its entirety with the following: Page 2 of 3 Exhibit A Capital Investment Schedule Building / Facility Expansion - $743, Business Personal Property - $769,224.00

27 Total - $ 1,512, Note: The value of this item shall be determined by actual costs upon completion and verification by Economic Development staff. Tax rebates associated with the above costs shall be calculated based on the actual increase in real and personal property taxes as determined by the Tom Green County Appraisal District. PART 3: All other terms and conditions of the Agreement shall remain in full force and effect unless amended and changed by further amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Economic Development Performance Agreement to be executed by their respective officials thereunto duly authorized this the day and year first written above. CITY OF SAN ANGELO DEVELOPMENT CORPORATION ATTEST: John Bariou, Jr., President Bryan Kendrick, Corporate Secretary DECOTY COFFEE COMPANY, INC. Michael Agan, President & CEO APPROVED AS TO CONTENT APPROVED AS TO FORM Roland Peña, Director of Economic Development Theresa James, City Attorney Page 3 of 3

28 REPORT TO COSADC BOARD Requestor: Roland Peña, Economic Development, Meeting Date: August 4, 2015 Item type: Consent Agenda Caption: Approve and ratify the City of San Angelo Development Corporation s resolution authorizing the use of sales and use tax funds for a project related to Section Recreational and Community Facilities as authorized under the Type B Corporation in Local Government Code Chapter 505 Subchapter D. Summary/History: The City of San Angelo Development Corporation unanimously approved a resolution (5-0) in support of the City Council s approval of the development of a dog park ( Project ) for park and recreational use as part of the Red Arroyo Trail Project; continuation of private funding efforts; publication of notice of the Project; holding public hearing(s) as required; and, authorizing funding supplemental to private funding for the Project in a sum not to exceed $12,000. Should the City Council approve the resolution today, a public notice of the specific project shall be published 60 days prior to undertaking the project and at least one public hearing shall be held by the Development Corporation prior to expending funds on the Project in compliance with the requirements of the Development Corporation Act, Sections and of the Local Government Code. Financial Impact: $12,000 to supplement private funding. This does not include the annual maintenance costs which are estimated to be $8,000 annually and funded from other sources. Attachments: Resolution Presentation: N/A Approvals/Reviews: Economic Development Director Roland Peña, City Attorney Theresa James

29 A RESOLUTION OF THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION BOARD OF DIRECTORS, AUTHORIZING THE USE OF SALES AND USE TAX FUNDS FOR A PROJECT RELATED TO SECTION RECREATIONAL AND COMMUNITY FACILITIES AS AUTHORIZED UNDER THE TYPE B CORPORATION IN LOCAL GOVERNMENT CODE CHAPTER 505 SUBCHAPTER D. WHEREAS, A public dog park ranked #2 in the top facilities to consider in the 2012 Parks, Recreation and Open Space Master Plan, and WHEREAS, At the March 18, 2014 meeting, City Council approved a proposal for the development of a public dog park, including the use of private community funding alternatives, as part of the new Red Arroyo Trail Project, and WHEREAS, Private fundraising efforts have raised $66,000 toward the goal to secure $75,000 for development of San Angelo s first public dog park and although private funding efforts continue, they may fall short of the additional funds required in the amount of up to $12,000, and WHEREAS, the City of San Angelo Development Corporation is Type 4 B Development Corporation authorized to utilize half cent sales and use tax funds for the development of public projects that include development of land and facilities for public park purposes that include a public dog park, hereinafter referred to as Project WHEREAS, at least sixty (60) days prior to undertaking a project, a public notice of the specific project shall be published and at least one public hearing shall be held by the Development Corporation prior to expending funds on the Project in compliance with the requirements of the Development Corporation Act, Sections and of the Local Government Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION THAT: The City of San Angelo Development Corporation offers this Resolution in support of: City Council approval of development of a dog park ( Project ) for park and recreational use as part of the Red Arroyo Trail Project; continuation of private funding efforts; publication of notice of the Project; holding public hearing(s) as required; and, authorizing funding supplemental to private funding for the Project in a sum not to exceed $12,000. PASSED, APPROVED, and ADOPTED on this the 22nd day of July, CITY OF SAN ANGELO DEVELOPMENT CORPORATION ATTEST: By: John Barriou, President By: Bryan Kendrick, Corporation Secretary

30 Requestor: Bill Riley, Director of Water Utilities, Meeting Date: August 4, 2015 Item type: Consent Caption: Consider awarding bid (WU-07-15) to HD Supply Waterworks (San Angelo, TX) for one (1) yearin the amount not to exceed $500,000, Budgeted in FY15 and FY16 for commercial and residential water meter inventory supplies. Summary: The City solicited bids from five (5)businesses. Only one bid was received, which was from HD Supply Waterworks. HD Supply has provided the meters for the Automated Meter Register Replacement Project. History: This bid provides both residential and commercial water meters as well as Automated Meter Register (AMR) equipment to operate with the City s established AMR system. This equipment will be purchased as needed and stored as inventory until it is required for repairs or for the establishment of new residential or commercial customers. Financial Impact: Budgeted within Water Distribution Operating Budget and Meter Replacement Capital Improvement Funds Other Information/Recommendation: It is recommended the bid be accepted and the City Manager or City Manager Designee be authorized to negotiate and execute a contract and any related documents. Attachments: Bid Tab Presentation: None Approvals/Reviews: Reviewed by Bill Riley, Director of Water Utilities

31 City of San Angelo RFB: WU Water Meter Inventory / Due 7/15/15 2:00P.M. Local Time Bid Tab HD Supply Item No. Item Description Estimated Yearly Quantity Units Unit Cost Extended Cost Standard Production / Lead Time * 1 5/8" T10 Neptune Meter w/ AMR Register 1,000 EA $ $199, weeks 2 5/8" T10 Neptune Meter w/o AMR Register 1,000 EA $41.00 $41, weeks 3 5/8" AMR Register w/o Meter Body 500 EA $ $84, weeks 4 1" T10 Neptune Meter w/ AMR Register 100 EA $ $29, weeks 5 1" T10 Neptune Meter w/o AMR Register 100 EA $ $13, weeks 6 1" AMR Register w/o Meter Body 50 EA $ $8, weeks 7 2" Turbine T10 Neptune Meter w/ AMR Register 75 EA $ $56, weeks 8 2" Turbine T10 Neptune Meter w/o AMR Register 75 EA $ $47, weeks 9 2" Turbine AMR Register w/o Meter Body 50 EA $ $8, weeks 10 2" Compound T10 Neptune Meter w/ AMR Register 100 EA $1, $174, weeks 11 2" Compound T10 Neptune Meter w/o AMR Register 100 EA $1, $140, weeks 12 2" Compound AMR Register w/o Meter Body 50 EA $ $17, weeks 13 Repair Maintenance Program NONE $0.00 * Time is of the essense in the delivery of this product Total Base Bid: $820, Vendor Agrees to allow Piggy-Back Procurements Will you accept a City Purchasing Card (MASTERCARD) for payment? Will you offer a payment discount if a Purchasing Card is utilized? o If Yes, how much? Payment Terms/Discount: Net: % Discount for items not listed above: Yes XX Yes XX Yes No No No XX Required to complete the Bid Submission Included * Manufacturer Certificate of Compliance to Specification Included i. Specification sheet for each item Included * List of Repair Parts for each Meter (include price/discount) Included * Repair and Maintenance Program No longer Available by Neptune * Warrantee Statement Included Bidder Instructions: quote your best price F.O.B. destination on each item. Note: Should there be any differences between the unit price and the extended pricing calculations, the unit price will prevail. Bid Authorized Signature/Contact Information Sheet The vendor's signature on the bid or proposal constitutes an offer to sell under the terms and conditions contained in the bid WU The delivery of a Purchase Order with the valid signature of the procurement official constitutes acceptance of the offer to sell and consummates the binding contractual agreement. Invitation to Bid sent to: Benmark Supply HD Supply Waterworks HD Supply Waterworks Morrison Supply Neptune Techynology Group Inc Midland, TX Waco, TX Kyle, TX San Angelo, TX Tallassee, AL

32 Requestor: Jeff Fant, Police Department, Meeting Date: August 4, 2015 Item type: Consent Agenda Caption: Consider authorizing the City Manager to execute an interlocal agreement between Public Safety Communications and the Concho Valley Council of Governments (CVCOG) for E9-1-1 Public Safety Answering Point (PSAP) Services, being effective from September 1, 2015 to August 31, Summary/History: The City of San Angelo, Public Safety Communications, operates the local PSAP, more commonly known as the system. Whereas, the Concho Valley Council of Government serves as a regional planning commission (RPC) and political sub-division of the State of Texas with the responsibility of coordinating a regional strategic plans for emergency communications. The RPC operates under the oversight and funding of the Commission on State Emergency Communication (Commission). The Commission requires the RPC and the unit of local government to enter into an interlocal agreement with the local governmental unit relating to the planning, development, operation, and provision of services. The City of San Angelo/Public Safety Communications maintained this interlocal agreement for a number of years. The proposed agreement is substantially unchanged from previous versions with the exception of effective dates and source material for pertinent laws, rules and regulations. Financial Impact: There is no immediate financial impact associated with execution of this agreement. However, sharing of resources and equipment is contingent upon the interlocal agreement. Other Information/Recommendation: Staff recommends approval Attachments: Interlocal Agreement for E Public Safety Answering Point Services Presentation: None required Approvals/Reviews: Reviewed by the City Attorney s Office

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53 Requestor: Jeff Fant, Police Department, ext 2104 Meeting Date: August 4, 2015 Item type: Consent Caption: Consideration of awarding PD (Equature NG Voice Logging Recorder) to DSS Corp. (Southfield, MI) in the amount of $129,340, utilizing HGAC Contract # ECO7-14 and authorizing the city manager to execute any necessary documents. Summary/History: This radio/phone recording system currently in use was purchased in 2007 along with the current radio system. Due to end-of life issues and the pending upgrade of the radio system to P-25 standards, the current system will no longer support the required recording needs of public safety communications. Three alternative systems were evaluated. It was determined that the DSS, Equature NG recorder system provided the best value for the City. DSS also provides a competitive price through the HGAC contracting. In addition, DSS contracts with a local company (Western States Communications (WSC)) for all repairs and maintenance work on the system. Financial Impact: The total cost of the Equature NG Voice Logging Recorder system(s) is $129, with includes: Two (2) complete systems at PSC primary and redundant, One (1) complete system for Emergency Operation Center, Harris radio integration software, shipping and installation. Other Information/Recommendation: staff recommends purchasing the Equature NG voice logging recorder system from DSS Corporation using HGAC contract ECO7-14. Attachments: Standard Contract DSS Quote Staff evaluation (3 alternative systems) Interoperability/integration letter from Harris Radio. Presentation: N/A Approvals/Reviews: [include any Supervisory approvals or reviews example: Reviewed by Dan Saluri, Interim City Attorney]

54 DSS Corporation W. 10 Mile Road, Suite 200, Southfield, MI Ph Phone: Fax: SAN ANGELO DRAFT CONTRACT AGREEMENT CUSTOMER NAME: City of San Angelo Police Department ADDRESS: 323 E. Beauregard CITY/STATE/ZIP:San Angelo, TX ATTN: DSS Corporation (hereunder referred to as PROVIDER ), upon acceptance of this Agreement by an authorized officer of its corporation, agrees to furnish to the above-designated entity (hereinafter referred to as CUSTOMER ) under the terms and conditions contained herein, maintenance and service on the listed equipment. I. TERMS OF AGREEMENT This agreement is from the date of by PROVIDER, and shall remain in force for an initial period of one (1) year. The Maintenance Agreement shall be automatically renewed by CUSTOMER after the initial on one (1) year term and may be terminated upon sixty (60) days written notice by either party after the initial term of 5-years or (60) days prior to the end of the term. II. MAINTENANCE AGREEMENT CHARGE Formatted: Not Highlight Comment [JT1]: Jeff, I do not understand what the agreed term or termination period is intended to be based on what is written here. Is it a five year or 1 year term? Please clarify. a. This Maintenance Agreement charge is payable annually in advance at the beginning of each term. The Agreement price shall remain fixed during the initial term. b. Charges include all parts and labor not excluded in section c or d. c. Charges do not include consumable, expendable, supply items, such as, floppy discs, optical disks, CD disks, Dat Tapes, or Fire Wire Drives. The use of supplies other than those recommended by PROVIDER may cause adverse equipment performance. Maintenance required to correct inadequate performance or equipment malfunctions caused by inferior supplies shall be charged to the CUSTOMER at the current hourly maintenance rates. d. Charges do not include labor costs, installation charges, or equipment costs associated with system upgrades or changes to the PROVIDER configured system recommended or mandated by either party, unless an Equipment Maintenance Agreement covers the above. Changes to the PROVIDER configured systems made by the CUSTOMER, either in software or consequential damage for any delay or failure or performance under this Agreement. Solutions to Enable Intelligent Decisions

55 DSS Corporation W. 10 Mile Road, Suite 200, Southfield, MI Ph Phone: Fax: e. The changes will not be covered unless and until new Software or Equipment Maintenance Agreement is approved. f. All invoices are due and payable upon receipt. III. MAINTENANCE OF EQUIPMENT a. PROVIDER shall provide service on equipment covered by Maintenance Agreement 24 hours per day, seven days per week with a one hour response time. b. Upon notification of an equipment malfunction from the CUSTOMER, PROVIDER will assign a service technician to make necessary repairs. The customer shall permit the service technician free access to the equipment while making the repair, including relevant password for normal system use. c. Maintenance required due to fault of negligence of the CUSTOMER shall be charged at the current hourly rates. d. Preventative maintenance shall be performed on a scheduled basis according to data processing volume. e. Minor product upgrades and enhancements may be made available from time to time free of charge. Major upgrades and enhancement will also be made available for a fee. IV. EXCUSABLE DELAYS PROVIDER shall not be liable or deemed in default for any delay or failure in performance under this Agreement or interruption of service resulting directly from acts of God, acts of government, war or national emergence, accident, fires, riots, strikes, labor disputes, action or inaction where action is required by the CUSTOMER, damage to or delay of equipment in route, or for any indirect or consequential damage for any delay or failure or performance under this Agreement. V. DEFAULT In the event CUSTOMER fails to make the maintenance payment as herein provided or fails to observe or perform any term or conditions hereof, and such default shall continue for a period of twenty (20) days after PROVIDER shall have given written notice thereof, then PROVIDER may, at its option, and in addition and without prejudice to any other remedies, declare the entire amount of unpaid charges immediately due and payable, and/or terminate this Agreement. Solutions to Enable Intelligent Decisions

56 DSS Corporation W. 10 Mile Road, Suite 200, Southfield, MI Ph Phone: Fax: VI. TRANSFER OF MAINTENANCE SERVICE In the event that CUSTOMER relocates the equipment from the site shown herein, it shall be at the sole option of the PROVIDER to continue to provide maintenance under this Agreement, and this may result in additional cost to CUSTOMER. CUSTOMER should arrange for continuing maintenance with PROVIDER prior to relocation of equipment. VII. ASSIGNMENT This Agreement may not be assigned, transferred, sublet, or pledged by the CUSTOEMER without prior written consent of an authorized officer of the PROVIDER Corporation. However, this agreement may be assigned to an entity controlling, controlled by, or under common control with customer or any successor by merger. VIII. DISPUTES AND GOVERNING LAWS The laws of the State of Texas govern this Agreement. Any controversy or claim rising out of or relating to this Agreement, or the breach of this Agreement, shall be mediated if both parties agree within Tom Green County, Texas. Venue and jurisdiction for any claim between the parties is Tom Green County, Texas. The prevailing party, in addition to all other sums to which it may be entitled, is entitled to recover from the other party the reasonable expenses (including attorney fees) relevant to the claim. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan exclusive of its conflicts of lay provisions. IX. IX. SURVIVAL OF OBLIGATIONS All obligations accrued but unfulfilled prior to expiration or termination of this Agreement shall survive. X. ENTIRE AGREEMENT This document, the Special Premier Partner Quotation attached hereto as Exhibit A and the any other documents incorporated herein constitute the entire Agreement between the CUSTOMER and PROVIDER. This Agreement supersedes any prior proposals, agreements, commitments, or representations of any kind, whether oral or written, with respect to PROVIDER service. Formatted: Left, Indent: Left: 0.5", No bullets or numbering Solutions to Enable Intelligent Decisions

57 DSS Corporation W. 10 Mile Road, Suite 200, Southfield, MI Ph Phone: Fax: CONTRACT DATE: EQUIPMENT: SERIAL NUMBER: EQUIPMENT: SERIAL NUMBER: EQUIPMENT: SERIAL NUMBER: CONTRACT PRICE: $ DSS Corporation ACCEPTANCE Print Name: Title: Julie New Administrative Assistant Date: Signature: ACCEPTANCE Print Name: Solutions to Enable Intelligent Decisions

58 DSS Corporation W. 10 Mile Road, Suite 200, Southfield, MI Ph Phone: Fax: Title: Date: Signature: Solutions to Enable Intelligent Decisions

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60 Recorder Evaluation Proposal for Comm Center and EOC Due to our recent radio purchase/upgrade, we need to upgrade/purchase our radio/phone recorder system. The last time a recorder system was purchased was in 2007 when our department purchased the current radio system. At the time, the recorder system was included with the radio purchase. The reason for the upgrade is due to our radio system being upgraded to the P25 Phase 2 simulcast system. This will replace our current EDACS system. Our recorder system will not be able to support the P25 system. Since the recorder system was not included with this radio purchase, we decided to look at vendors that supported either DIR or HGAC contract pricing or companies that would allow us to piggy back recently won contracts. The three vendors we looked at were VISTA-COM, DSS CORP, and our current recorder system vendor EXACOM. I included John Welch from our I.T. department for any technical questions and insight. I also included Linda Waller, daytime dispatch supervisor, to help with the evaluation. However, Linda was only able to view Vista-COM s demo due to manpower issues. I did keep her informed on the other two vendors to allow her input. I will attempt to show what each vendor could provide and what quotes they provided, as well. At the conclusion, I will advise on my recommendation of who would be a better fit for our department s recorder system s needs. EXACOM ---- Proposed price: $121, per a recently won contract for us to piggy-back Exacom is our current vendor for our recorder system. The Exacom system was installed in 2007/2008 during the last radio upgrade. Exacom was chosen at that time due to the Abilene P.D. using the same system. Hindsight is the software that is being used right now. To upgrade the same vendor, we will be upgrading to the current software which is Hindsight-Net XPlus/G2. A newer software version will be coming out in the near future called G2+. Exacom will include the G2+ at no charge once it comes out. Exacom s proposal includes credit for our existing software, hardware, and channel licensing and a refresh discount. The proposal also includes additional cost for the 1 st year maintenance support. The proposal also includes changing our current recorder set-up. The proposal includes taking the new failover/redundant system and moving it to the EOC leaving the primary recorder system at the Communications Center. They further would include a configuration where whatever is recorded at the Comm Center will also be saved at the EOC site and vice-versa. Each site should also be accessed from the other. This is their proposal for addressing our fail-over/redundant needs. From watching the demo for the G2 software, the appearance is greatly different from our current version. There would need to be some training so as to show our dispatchers on how to pull up recordings as needed. The software also includes Quality Assurance reports for dispatch training and evaluation. Search capabilities are better and would allow for faster searches. Even though Exacom has been our current vendor the last 7 or 8 years, our main issue has been customer support. John Welch has indicated that on past issues a few days to get a response from Exacom. Further, it would take days, if not, weeks till a resolution could be determined for a particular problem. Granted, one of the reasons for that was due to our current software going End of Life. But trying to get someone to respond to our first inquiry is frustrating. Even during this process of trying to obtain pricing and a proposal has been time consuming. They by far have taken the longest to get me any information when requested compared to the other two vendors.

61 VISTA-COM ---- Proposed price: $116, per HGAC pricing Vista-Com is the first vendor that we met with. Vista-Com had two different recorder systems that we decided to look at. We travelled to Abilene to look at Taylor County S.O., who had the Eventide system, and the Abilene P.D., who had the Verint system. After looking at both systems, we decided to move forward and focus on the Eventide recorder system. Vista-Com s proposal consisted of having two recorders at the Comm Center and one recorder at the EOC site. This configuration was based on what we currently have and our department s need for a failover/redundant system. The proposal also includes the 1 st year of maintenance at no additional cost. Eventide s software is Lenux based, compared to the other two which are web based. This type of system will put less demand on our department s servers since we wouldn t have to worry about conflicts between windows software and our own software. The software appeared very user friendly and was easy to navigate through. The search capabilities were better than how we currently have to search. The proposal also includes the Quality Assurance software, like Exacom. The software has the capability of Screen Capture which will show what the dispatcher is typing while the call is being recorded. Software updates are included with a current maintenance plan. While we at first liked what we saw with Eventide, our concern was with the system as a whole. Even though the software seems fresh and current, John found that the hardware being used to run the system is at least 7 years old. Even with the system being Lenux based, eventually the hardware potentially would need to be upgraded at some point. The question would be when. It could be possible two years after install; the hardware would not be able to support the software. Or it could last the duration we own it. As for Customer Support, both Abilene P.D. and Taylor County S.O. representatives stated they have never had issues with response times to any incidents. I also wanted to point out that as I stated earlier, Abilene P.D. was using Exacom before going to Vista-Com. I asked why they moved away from Exacom and his immediate answer was the lack of Customer Support. DSS CORP ---- Proposed price: $123,600 per HGAC pricing DSS Corp. was recommended to me by Jacob Lopez with CVCOG. He advised they were looking into partnering with DSS for recorders in all their COG PSAPs. However, they still needed to look at other vendors, as well. After looking at two different demos of DSS s Equature recorder system, the proposal for us consisted of putting two recorders at the Comm Center and one recorder at the EOC. As with Vista-Com, this configuration was based on what we currently have and our department s need for a fail-over/redundant system. The proposal also included the 1 st year of maintenance at no additional cost. Software updates are included with a current maintenance plan. Training is available for all dispatchers for as long as the agency owns the Equature system. The Equature system is a Next Generation 911 system that utilizes ISSI integration. I did receive a letter from DSS showing that Harris has tested the Equature system in their labs and was certified to integrate with the Harris radio system. Just as the other two vendors, the Equature system can do what they can with your basic search parameters, Quality Assurance software, Screen Capture, and media transfers. However, DSS also offers what is called 100% Search Content. This allows the system to search for phonetic phrases. This would allow for faster searches instead of the user having to listen to each recording separately. The hardware used to put the system together is also current and not out of date. Also, DSS is not a vendor of the Equature system. They are the manufacturer of the Equature product. Whereas, Vista- Com and Exacom are authorized dealers, or resellers, of their respective products. As for customer support, DSS is partnered with Western States Communications (WSC). Currently, WSC provides maintenance for our Intrado 911 system. Since CVCOG maintains the 911 system, they hold the

62 maintenance contract with WSC. The communications department has had to rely on WSC many times in the past and their customer service is excellent. WSC has personnel that are local and can be at our site in under an hour, if needed. Most of the time, DSS will remote in and fix the problem if they are able to. Who to recommend? In the end, each recorder system will be able to meet our department s needs. What we were looking at was who could provide more and be willing to work with us and meet our needs for the future. Of the three, I believe DSS would be the better company to partner with. From their literature to their demos, DSS seems to be looking ahead and being prepared for whatever technology may need recorded.while researching recorder systems, the term Customer Support kept coming up with everyone I spoke to. With DSS being a partner with WSC, I can personally vouch for WSC. This was also a strong selling point with John and Linda. It is very hard to beat local support. DSS will also allow you to pay the cost of the system throughout a couple to several years depending upon agencies/cities budgetary concerns. DSS calls this the Premier Partner Program. As an example: If the total cost, after including maintenance cost, totals $200,000, the City of San Angelo can pay $50,000 a year for four years; or $40,000 a year for five years. This is an option in case the city doesn t want to pay a one lump sum. There are no interest or finance charges associated with this, either. Finally, DSS states the following, One thing we do guarantee is that you will get three times the value on your investment. This is why we offer a 100% Money Back Guarantee. I do have copies of the quotes and any literature if you would like to see them. John, Linda, and I all feel that DSS has more to offer out of the three and we should move forward to start a long term partnership with. However, time is of the essence. We will need to sign a commitment letter showing DSS we are only wanting to move ahead with their company by July 30, 2015 so as not to lose any incentives listed in the quote. Respectfully, Sgt. Carpenter

63 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: Wednesday, June 25, 2015 San Angelo Police Department 323 E Beauregard San Angelo TX Sgt. Chris Carpenter and Mr. John Welch Systems Analyst Thank you for investing your valuable time with DSS Corporation. WE appreciate the opportunity to partner with The San Angelo Police Department and the Emergency Operations Center. Our vision is to help others help themselves. Dispatch centers are under tremendous stress 24x7x365 and it is our job as your strategic partner to help improve dispatch operations. We do this by focusing our resources on NG9-1-1 Recording and Dispatch Improvement because like you, we understand that SECONDS SAVE LIVES. To be your strategic long term partner, we must provide a robust NG9-1-1 recording platform that is based on Simplicity.Reliablity.Speed. Your team s time is valuable and Equature is designed as a mission critical tool to save your team time. Dispatch Improvement tools are required today so your team can perform and improve every day. We understand the frustration with slashed training budgets, dispatch turnover, head count reduction andoftenno standardized training guidelines. Improving dispatch operations requires state of the art tools. Basically, your team is required to do more with less and as your partner it is our job to deliver them. We understand that we have to earn your TRUSTin order to establish a long term partnership. Here are the guidelines for a great partnership: 1. They must be mutually beneficial: We have to deliver state of the art solutions based on Simplicity.Reliablity.Speed so your team can perform their jobs better because Seconds. Save. Lives. Your agency has to provide feedback and suggestions to help make Equature better. 2. Must be easy to work together and be open to learn from each other: We have 40+ year relationships with our clients today and the key to that success is simplicity in working together. We all understand the problems with overseas support, foreign call centers and red tape. DSS Corporation is a U.S. based company and manufactures, sells, supports, trains and implements your solution A to Z. We work hard to make sure we are easy to work with. This is why we give our CEO s cell phone number out to guarantee your satisfaction ( ). 3. Partnerships must provide high value to both parties: Our Equature NG9-1-1 Recording and Dispatch Improvement platform is neither the least or the most expensive on the market. One thing we do guarantee is that you will get three times the value on your investment. This is why we offer a 100% Money Back Guarantee. Here are some key highlights about us: 1. DSS has been on the INC 500/5000 list of fastest growing companies in America for the last three years. Solutions to Enable Intelligent Decisions

64 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: DSS sponsors and chairs several NENA and APCO NG9-1-1 standard s committees. We wrote the logging service requirements for NENA which are a core component of NG9-1-1 Recording. We attend all ICE (Industry Collaboration Events) and have been a NENA NG partner since DSS focuses on a direct marketing model. We manufacture, sell, support, service and train all right here in the United States. We provide 24x7x365 Proactive Onsite Support anywhere in the U.S. within 4 hours. Our DSS Direct Advantage model allows us to build functionality faster based on our PSAP client s needs. WE would love to partner with your team but in the event you decide not to partner with us, please make sure you do three things. 1. Get a letter from the recording manufacturer,not a reseller,guaranteeing your system is NG9-1-1 ready, and will not require a fork lift upgrade. The last thing you want to do is buy twice! 2. Get a letter from the manufacturer, again not a reseller, guaranteeing that the product you are buying will not be SUNSET (obsoleted) within the next 10 years. 3. Make sure you receive a written 100% money back guarantee! We want you to be successful even if you decide not to partner with us. Sincerely yours, Gary Define II Gary Define II NG Industry Specialist DSS Corporation Solutions to Enable Intelligent Decisions

65 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: Why partner with DSS Corporation? 1. Next Generation Technology leader and Sole Source Partner 2. APCO/NENA PSAP Working Group Co-Leader, Michael Smith, DSS Chief Technologist 3. NENA NG Partner Program Member since All NENA Industry Collaboration Events (ICE) participant & committee member 5. ICE 8: Interoperability with Recording & Logging Components Michael Smith - Committee Chair 6. Deal directly with a US Based manufacturer not U.S. Regional Sales Office & Overseas manufacturer 7. Large enough to provide the BEST system and the BEST support 8. Small enough to be flexible 9. Open, standards based architecture, non-proprietary as required in the i3 published standards 10. Record all NG9-1-1 communication (Audio, Video, Chat, Image, Telematics, VoIP) and P25 radio year old stable company 12. The Ability to record, archive, and playback Camera/Video and eliminate future costs/expenses 13. DSS wants a long term partnership with the San Angelo Police Department and the Emergency Operations Center. We have a long time partnership with Western States Communications and are successfully integrated with the Harris Radio solution including their ISSI interface. Solutions to Enable Intelligent Decisions

66 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: Prepared by: Gary Define II Prepared for: San Angelo Police Department and EOC Implementation Schedule: (Estimated Days and DSS will meet the installation plan for SAPD) Day Milestone Responsibility 1 Purchase order received by DSS. SAPD 2 Pre-installation checklist created DSS 6 Kickoff Meeting and acceptance of pre-installation responsibilities DSS/SAPD 7 Sample Data Streams, interpretations and documentation are provided SAPD 8 All user and station data delivered to DSS. SAPD 8 Data entry completed DSS 10 System burn-in and testing completed DSS 10 System assembly completed - unit shipped DSS 22 System delivered to SAPD and EOC locations DSS 25 Confirm Installation Date and Site Readiness DSS/SAPD 30 Installation and testing begins DSS On-site training begins DSS DSS Corporation is committed to providing value to our Public Safety customers. Our goal is enter into a long-term, Win/Win partnership with The San Angelo Police Department. Our mission in providing this value, requires us to hire and retain top professionals. We have been fulfilling this mission for over 40 years.!! Solutions to Enable Intelligent Decisions

67 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: SPECIAL PREMIER PARTNER QUOTATION USING H-GAC CONTRACT NUMBER: EC07-14 FOR San Angelo PD and EOC Dispatch Improvement Solution from DSS Corporation QTY DESCRIPTION UNIT PRICE TOTAL Fully Redundant Equature Systems at San Angelo 1 Equature NG Voice Logging Recorder (40 channels) $32, $25, Equature NG Voice Logging Recorder (40 channels) $32, $25, ISSI/CSSI IP Radio Integration for Harris $20, $20, Redundant ISSI/CSSI IP Radio Integration for Harris $20, Included Total: $104, $70, Secondary Location: San Angelo Emergency Operations Center (EOC) 1 Equature NG Voice Logging Recorder (24 channels) $19, $16, *1 ISSI/CSSI IP Radio Integration for Harris $20, $20, Total: $39, $36, Solution includes: Unlimited users for Instant Retrieval, Instant Recall for any dispatcher, unlimited users for scenario reconstruction, and unlimited users for Redaction, call tagging, and Notes package. Bookmarking and NG Compliance (Text, video and pictures) is also standard with Equature. Per Site Options from DSS Corporation (Patent Pending mobile Capture is Per Device) Warranty: Parts Labor, onsite 1 Year Screen Capture 911 Positions (unlimited monitors) $1, Included Quality Assurance with Agent Scorecard Analysis $2, Included 100% Content Search across all Positions $7, $5, ANI/ALI Integration (requires ANI/ALI feed) $2, *Patent Pending Mobile Capture (Per Device) $ $ Training Unlimited while you own EQ Annual 24/7/365 Onsite 4- Hrs Onsite and Direct Manufacturers Support $15, From DSS Corporation and Western States Communications: Entire Solution Installation Total: All Servers $5, Shipping: $ *CTO Learning on Demand (2 Courses) $250per Dispatcher $5, Included Terms:100% percent due upon receipt of equipment Customer Acceptance: Date: Print Name: Title: Please fax to Gary Define II at (248) Please sign this document to lockover $47,250.00in incentives/discounts by July 30 th, This agreement is only enforceable upon the San Angelo PD sfinancial approval by the San Angelo City Council and Chief of Police to purchase Equature from DSS Corporation. Solutions to Enable Intelligent Decisions

68 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: Sgt. Carpenter, PURCHASING OPTION II: Our Premier Partner Program from DSS Corporation This Program allows you the San Angelo PD, the ability to purchase and partner with DSS Corporation without spending $123, upfront for the solution, as well as, paying upfront for the 4 additional years of maintenance. Premier Partner Program: Secure all of the above, with options, including service, support, and unlimited training and simply pay a yearly service contract with DSS Corporation. This agreement is for 5 years. The yearly contract payment is an agreement directly with DSS Corporation and includes zero (0) finance charges over the 5 year period. It is our way of making sure you receive technology and software to improve your dispatch operations today! 5 Year Service contract to include a new Equature solution with all the above software: $37, per year. Installation and shipping fee required. This annual agreement includes maintenance and can be paid off early with zero penalties! There are ZERO hidden fees. Zero financing costs, and is not a lease. It is our way of getting the solution you need in place without capitalizing the purchase. Premier Partner Agreement: Customer Acceptance: Date: Print Name: Title: Please fax to Gary Define II at (248) Solutions to Enable Intelligent Decisions

69 18311 W. Ten Mile Road Southfield, MI Telephone: Fax: DSS Manufacturers Partnership Promise 100% DSS Money Back Satisfaction Guarantee DSS Corporation is pleased to offer this Money Back Satisfaction Guarantee. As a manufacturer and developer of Next Generation Communication Capture Solutions, we are in direct contact with our customers and do not have to rely on the Reseller model of moving requests and concerns up the chain of command. You have a direct line to the top. We have over 20 years experience in servicing the Public Safety community and understand the needs and challenges you face each day. We have a long track record of success which allows us to offer the following guarantee. In the event the Equature NG911 Communication Capture system does not perform during the acceptance period to standard 911 recording features and functions then The San Angelo Police Department and San Angelo Emergency Operations Centercan terminate the agreement with 90 days notice to correct the issues and receive a full refund. We look forward to creating a long-term Business Partnership! Agreed: Printed Name: DSS Corporation: Date: Gary Define II Industry Specialist July 9 th, 2015 Please fax this signed page, as well as the above proposal page to our corporate team: Attn: Gary Define: to secure your discount levels and Performance Guarantee! We look forward to helping you achieve Dispatch Improvement. Solutions to Enable Intelligent Decisions

70 Requestor: AJ Fawver, AICP, CNU-A, Planning & Development Administrator Meeting Date: August 4, 2015 Item type: Consent Caption: Consideration of rejecting submission by Concho Cruises & Marina for PL-01-15, for a resort development at Mary E Lee Park. Summary/History: The Lake Nasworthy Master Plan, adopted by the City Council in December of 2013, identified five character zones ; areas which have magnet attractions, and for which are suggested programming of activities which enhance the zone. One of these zones was identified as Harbor Village a zone with potential for, among other things, a marina/restaurant/hotel. This area includes Mary E Lee Park as a key waterfront destination point for these activities. In early 2014, the consultant team and related staff focused on Mary E Lee Park and the completed market study; the market study was updated to reflect the recent building activity, title research was completed, discussions of land use/zoning were conducted, a property survey of the site was completed, and legal requirements of the property were assessed. Following discussions with the City Council, staff published an RFP (Request for Proposals) to solicit ideas for projects consistent with the Harbor Village concept. Evaluation would be based upon: (1) value to be realized from the project, (2) a maintaining and protecting of the nearby neighborhoods and the public accessibility to the beach/dock, (3) previous experience with success in similar projects, (4) timing and phasing, (5) creative use of incentives, (6) the development/business plan, and related items. Legal authority to utilize the park for this purpose was obtained via the Parks and Recreation Advisory Board and the City Council. This RFP was published March 9 th of 2015 and set to close on May 22 nd. A pre-submittal meeting was held on April 1 st and four attendees came to ask questions about the RFP. A few days prior to May 22 nd, no submittals had been received, and therefore an addendum was executed to extend the deadline to June 22 nd. Page 3 of the RFP outlined the instructions for submittals. Page 21 of the RFP outlined the required contents of a submission; in short, a Business Plan and Development Program, Preliminary Lease Term proposals, a Conceptual Site Plan and Operations, Proposed Incentives, Experience and Qualifications, and Project Timing. The attached Submission Acknowledgement outlines the invitations which were sent out for this proposal, and the proposals received. Only one submittal was received, absent the required proposal forms and the addressing of the required criteria; therefore, an unresponsive bidder. State law provides that the governing body of the city may reject any and all bids. There is no provision that would allow the delegation of this decision to city staff. However, in certain cities the staff will open the bids and provide a recommendation to the city council on whether the bid is responsive to the bid request and whether it should be accepted as the lowest responsible bid. The latter part of the window during which the RFP was open for submittals coincided with some challenging market circumstances; the site is an important location for the City and staff would suggest that, once the market has stabilized to a degree where more interest is likely, a second window for submittals should be established. Financial Impact: None at this time

71 Other Information/Recommendation: Staff recommends rejecting the submittal based on the lack of information meeting the requirements outlined for submittals. Attachments: Submission Acknowledgement Presentation: AJ Fawver, AICP, CNU-A, Planning & Development Administrator Approvals/Reviews: Reviewed by Purchasing Manager Julia Antilley, City Clerk Bryan Kendrick, and City Attorney Theresa James

72 City of San Angelo SUBMISSION ACKNOWLEDGEMENT RFP: PL-01-15/Resort Development Date: June 22, 2015 Proposals Received City State 1 Concho Cruise & Marina San Angelo Tx *REQUIRED PROPOSAL FORMS NOT TURNED IN, All CRITERIA NOT ADDRESSED. UNRESPONSIVE BIDDER Invitations Sent by To: 1 Bill Stonaker Wilson & Stonaker, LLC 2 Bob Mencke Hardin Capital, Inc. 3 Colton Wright Vista Property Co 4 Dale Ladner Omni Group, Ltd 5 David Lightfoot Lee Properties 6 Dennis Scifres Poynter Scifres Co 7 Dusty Renfro Gridiron Land Company 8 George Sakakeeny Colonial Square Ventures 9 Hap Baggett Synergy Properties Group 10 Haydn Cutler Haydn Cutler Company 11 Jared Chandler Chandler Hotel Group 12 Jay Holman Voyager Investments 13 Jerry Skibell Skibell Properties 14 Jim Poynter Poynter Scifres Co 15 Jim Ryffel Woodcrest Capital 16 Jim Wood Valquest Equity Partners 17 Mark Hardaway Greenway Investments 18 Mike Heatley Heatley Capital 19 Randy Perry N/A 20 Ron Berlin Berlin Interests 21 Scott Tarwater DePalma Hotels Southlake, TX Dallas, TX Dallas, TX Fort Worth, TX Oklahoma City, OK Dallas, TX Hudson Oaks, TX Dallas, TX Fort Worth, TX Fort Worth, TX Scottsdale, AZ Dallas, TX Dallas, TX Dallas, TX Fort Worth, TX Dallas, TX Dallas, TX Irving, TX Dallas, TX Dallas, TX Arlington, TX Y:\15-RFX\Planning\PL0115 Lk Nasworthy Development\PL0115 Acknowledgement & Wksheets

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74 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: Several addressed & unaddressed parcels, generally located North of Twohig Avenue, East of Main Street, South of 2 nd Street, and West of Chadbourne Street; more specifically being a part of Miles Acre lot a7 to a9, a19, all of Miles Acre lots A31, A32; part of lots 18 & 19, lots 20 to 24 J.N. Uptons Subdivision; lots 1 to 4, block 2 Frary Addition; lots 16 to 18, block 5; the west 55' of lot 2, the east 80' of lot 3, all of lot 4, the west 100' of lot 6, all of lots 7 to 13, all of lots 18 to 20 save & except the east 15' of the west 30' of lot 20, block 6; lots A and 1 to 10, block 14A; lot A & B, block 15A; lots 1 to 10, north 30' of lot 11 & 12, all of lots 13 to 20, block 21; lot 1, block 21.5; lot A, block 22A; lots 1 to 9, 12, lots 10 & 11 save & except the west 110', block 22.5, San Angelo Main Town Addition; lot A, block 1, Shannon Medical Center Downtown Campus, City of San Angelo, Tom Green County, Texas; a zone change from a combination of General Commercial (CG), and Central Business District (CBD) Zoning Districts to a Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY RE: PD15-04: Shannon Medical Center 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: Several addressed & unaddressed parcels, generally located North of Twohig Avenue, East of Main Street, South of 2 nd Street, and West of Chadbourne Street; more specifically being a part of Miles Acre lot a7 to a9, a19, all of Miles Acre lots A31, A32; part of lots 18 & 19, lots 20 to 24 J.N. Uptons Subdivision; lots 1 to 4, block 2 Frary Addition; lots 16 to 18, block 5;

75 the west 55' of lot 2, the east 80' of lot 3, all of lot 4, the west 100' of lot 6, all of lots 7 to 13, all of lots 18 to 20 save & except the east 15' of the west 30' of lot 20, block 6; lots A and 1 to 10, block 14A; lot A & B, block 15A; lots 1 to 10, north 30' of lot 11 & 12, all of lots 13 to 20, block 21; lot 1, block 21.5; lot A, block 22A; lots 1 to 9, 12, lots 10 & 11 save & except the west 110', block 22.5, San Angelo Main Town Addition; lot A, block 1, Shannon Medical Center Downtown Campus, City of San Angelo, Tom Green County, Texas; shall henceforth be permanently zoned as follows: Planned Development (PD) District for a medical facilities campus. The Director of the Planning & Development Department, or his/her designee, is hereby directed to correct zoning district maps in the office of the Planning & Development Department, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the herein above 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 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense. SECTION 5: That the following are approved as allowed uses for the property previously described: A. Hospitals. Such use provides medical and/or surgical care to patients and offers overnight care for said patients. B. Medical office buildings. Such use provides medical and/or surgical care to patients with no overnight care provided for said patients. C. Parking garages. Such use provides for a multi-story structure for parking for the exclusive use of staff, trainees, patients, and their visitors.

76 D. Housing facilities for staff or trainees. Such use shall provide living quarters for the exclusive use of staff and/or trainees. E. Housing facilities for visiting family of patients. Such use provides short-term (less than 30 days) living quarters for the visiting family of patients in care. F. Accessory uses. Such uses shall be functionally connected with the operation of a medical facilities campus and therefore are approved for the property previously described, so long as they remain accessory as defined in SECTION 8 below: I. parking for emergency vehicles that service the medical facilities; II. III. IV. offices to serve the allowed uses of the medical campus for the exclusive use of staff and/or trainees; laboratories for the exclusive use of staff and/or trainees; teaching facilities for the exclusive use of staff and/or trainees; V. maintenance facilities to service the medical campus for the exclusive use of staff and/or trainees; VI. VII. VIII. IX. food and beverage sales to exclusively service staff, trainees, patients, and their visitors; retail goods sales to exclusively service staff, trainees, patients, and their visitors; religious institutions and services to exclusively service staff, trainees, patients, and their visitors; day care to provide care, protection, and supervision for children and/or adults to exclusively service staff, trainees, patients, and their visitors; and X. meeting areas for medical-related discussion; SECTION 6: Building façade standards for the Shannon Medical Center- Downtown shall include the following: A. Building facades shall be consistent and unified in architectural style, color palette, materials, and detailed ornamental features as detailed in Exhibit A.

77 B. Building entrances shall be clearly defined through architectural details, materials, and/or ornamental features, and highly visible. C. Exterior materials shall be limited to the following: 1. Brick; 2. Stucco (cementitous finish only); 3. Architectural concrete masonry; 4. Hardiplank or similar cementitious siding; 5. Field stone, ledge stone, or other native veneer; 6. Cast stone (for lintels, trim elements, and ornamentation); and 7. Metal (for beams, lintels, trim elements, and ornamentation). D. Additional building façade material types may be approved at the discretion of the Director of the Planning & Development Department, or his/her designee. SECTION 7: Development standards for the Shannon Medical Center-Downtown shall include the following: A. Maximum floor area ratio for each lot shall not exceed 4.0. B. Setbacks (front, side, and rear) for all structures shall be 0 feet, or 10 if abutting a residential district or use. C. Outdoor storage shall not exceed5 percent of the total area of each lot. D. The following features shall be fully screened from public view: 1. Outdoor storage; and 2. Mechanical equipment. E. The following features shall be at least partially screened from street view by landscaping (as detailed in SECTION 11), by benches and other street furniture, or by the use of landscaping along with berms, walls, or decorative fences, as approved by the Planning Director: 1. Water quality control facilities; 2. Stormwater drainage facilities; 3. Metal buildings less than 1200 square feet; and 4. Areas where vehicles are moved, loaded, parked, or stored. F. Screening shall be of a natural material coordinating with building facadesshown in Exhibit A and listed in Section 6.C. of this ordinance or landscaping as detailed in SECTION 11 of this ordinance. G. Metal buildings less than 1200 square feet shall be allowed. H. Opaque metal fences shall not be allowed.

78 I. Decorative metal fencing shall be allowed. SECTION 8: Off-street parking standards for the Shannon Medical Center- Downtown shall be consistent with these standards as outlined in Chapter 9 of the Zoning Ordinance: A. Hospitals: 1 parking space per 4 patient beds, and 1 parking space per staff doctor, and 1 parking space per 4 employees. B. Medical office buildings: 1 parking space per 300 square feet. C. Housing facilities for staff or trainees: 1 parking space per residential unit. D. Housing facilities for visiting families of patients: 1 parking space per residential unit. E. Accessory uses shall not require off-street parking. SECTION 9: Loading space standards for the Shannon Medical Center Downtown shall be as follows: A. Every nonresidential building having at least 20,000 square feet of gross floor area shall have a minimum of one off-street loading space, with one additional off-street loading space for each additional 60,000 square feet of gross floor area or major fraction thereof. B. Each required off-street loading space shall be not less than 10 in width, 45 in length, and 14 in height. C. Each required off-street loading space shall be located entirely outside of public rights-of-way for streets and alleys and entirely on the same lot as the building to which it is accessory. D. No open area in a required off-street loading area shall be consistently encroached upon by any other use. E. In no case shall off-street parking spaces be used to satisfy off-street loading space requirements. F. Off-street loading space off of an alley shall not requiring screening as detailed in Section 7.E. SECTION 10: All signage for the Shannon Medical Center Downtown shall conform to the following:

79 A. Off-site signage shall not be permitted. B. Freestanding pole signs shall not be permitted. C. Freestanding signs shall not exceed 30 feet in height or 75 square feet in area. D. All signage shall be of materials and colors as shown in Exhibit B or of a natural material and color coordinating with building facades shown in Exhibit A and listed in Section 6.C. of this ordinance. E. Freestanding monument signs: I. maximum signage area shall not exceed 1.5 square feet per 1 linear foot of street frontage per lot; II. III. IV. may be placed at any angle; must be set back at least 5 feet from any internal side lot line; may have a setback of 0 feet from any right-of-way pavement edge; V. shall not exceed 3 feet in height if placed within 10 feet of any right-ofway pavement edge; VI. shall not exceed 3 feet in height if placed within a 30 foot sight triangle of theintersection of two converging property lines; F. Attached signs (canopy, awning, fascia, projecting, sloping roof signs): I. maximum signage area may be up to 25 percent of the area of the wall to which the sign(s) is(are) attached; II. III. shall not extend more than 5 feet above the roofline of the building to which it is attached; shall not extend more than 5 feet above the top of the wall to which it is attached; IV. signs projecting over any public rights-of-way that are larger than 16 square feet must be approved by the City Council after notice and public hearing to consider any potentially detrimental effects; V. signs projecting over the public rights-of-way that are less than 16 square feet shall maintain a distance of at least 18 inches from the curb line or street edge, if no curb exists;

80 VI. signs projecting over the public rights-of-way that are less than 16 square feet shall maintain a minimum height of 9 feet from the grade level to the bottom of the sign; SECTION 11: Landscaping standards for the Shannon Medical Center Downtown shall be as follows: A. Xeriscaping and water use reduction strategies shall be incorporated into overall landscape design through the use of drought tolerant plant species native and well suited to West Texas. B. Landscaped areas may include planters, brick, stone, natural forms, or other landscape features that provide a park-like setting. C. Landscaped areas, or plants, adjacent to pavement must be protected with a concrete curb or equivalent barrier such as: 1. Asphalt curbs; 2. Railroad ties (anchored); 3. Rock or stone curbs (anchored); or 4. Wheelstops (anchored). D. Landscaping plant material shall be of healthy stock, be native and naturalized, and have low water requirements. E. Dying or diseased landscaping plant material shall be replaced with an equivalent plant material. F. Adequate soil depth and width to encourage healthy growth shall be provided. G. Shannon Medical Center Downtown shall be responsible for the irrigation of all required landscape areas and plant materials, utilizing one or a combination of the following methods: 1. An automatic or manual underground irrigation system; 2. A drip irrigation system; 3. A rainwater capture system or equivalent; or 4. Any other comparable method. H. Landscaped areas planted with native grasses and wildflowers may use a temporary and above ground irrigation system and shall be required to provide irrigation only for the first 2 growing seasons. I. Irrigation methods used shall:

81 1. Provide a moisture level in an amount and frequency adequate to sustain growth of the plant material on a permanent basis; and 2. Be maintained and kept operational at all times to provide for efficient water distribution. J. No irrigation shall be required for undisturbed natural areas or undisturbed existing trees. K. On-ground parking lots shall have no less than 20 percent of the square footage landscaped. L. Parking lot landscaping shall be located entirely within the boundaries of the parking lot as follows: 1. Landscaping boundaries; 2. Landscaping medians; 3. Landscaping islands; and 4. Landscaping peninsulas. M. All landscaping plants located in or immediately adjacent to vehicular use areas shall, at maturity, be as follows: 1. Shrubs and other plant material shall be a maximum of 36 inches in height. 2. Trees shall have a minimum 72 inch clearance from grade to the lowest branches. SECTION 12: Except as otherwise specified or limited elsewhere in this ordinance, the use and development of the Shannon Medical Center Downtown shall generally conform to Central Business (CBD) District zoning standards. All activities shall be limited to those associated with the operation of a medical facilities campus as determined by the Director of the Planning & Development Department, or his/her designee, for the City of San Angelo. INTRODUCED on the 21 st day of July, 2015 and finally PASSED, APPROVED AND ADOPTED on this the 4 th day of August, THE CITY OF SAN ANGELO by: Dwain Morrison, Mayor

82 ATTEST: by: Bryan Kendrick, City Clerk Approved As To Content: Approved As To Form: Rebeca Guerra, Planning Manager Dan Saluri, Interim City Attorney

83 AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE FOLLOWING ALLEY, TO WIT: An undeveloped 20- foot wide alley totaling 8,589 square feet in Block 21 & 21 1/2, Maintown or Main Part of the City of San Angelo, Per the Map of Record of Miles Addition, Numbers 1 & 2, recorded in Volume X, Page 334, Deed Records of Tom Green County, Texas; 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 a public right-of-way beingan approximately 20-foot wide x foot long alley running east to west, perpendicular to North Main Street located in Blocks21 and 21 ½ of the Miles Addition Numbers 1 and 2. WHEREAS, the City Council of the City of San Angelo, Texas, acting pursuant to law, deems it advisable to abandon and convey the hereinafter described tract of land to the abutting property owner 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 owner as hereinafter provided; and WHEREAS, the City Council of the City of San Angelo, Texas is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying same to the abutting property owner, subject to conditions and restrictions contained herein; NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF 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: Being an area of 8589 Square Feet of land of an existing 20 Alley in Block 21 and Block 21 ½, Main Town or Main Part of the City of San Angelo, Tom Green County, Texas as per the map of record of Miles Additions Numbers 1 & 2 recorded in Volume X, Page 334, Deed Records of Tom Green County, Texas and said 8589 Square Feet tract also being adjacent to Lots 2 through 19 of Block 21 and Lot 1 of said Block 21 ½, and said 8589 Square Feet tract being more particularly described by metes and bounds as follows: Beginning at a ½ iron rod with cap set for the northwest corner of this tract in the south line of said Lot 2 and north line of said existing alley and said beginning corner being 3.67 feet S W. from the southwest corner of said Lot 3 of said Block 21;

84 Thence with the north line of this tract and said existing alley and the south line said Lots 2 through 10 of said Block 21 and said Lot 1 of Block 21 ½, N E feet to a ½ iron rod with cap set for the northeast corner of this tract and said existing alley and the southeast corner of said Lot 1 of said Block 21 ½ and being in the west line of North Main Street; Thence with the east line of this tract and said existing alley and the west line of said North Main Street, S W feet to a ½ iron rod with cap set for the southeast corner of this tract and said existing alley and the northeast corner of said Lot 11 of Block 21; Thence with the south line of this tract and said existing alley and the north line of said Lots 11 through 19, S W feet to a ½ iron rod with cap set for the southwest corner of this tract; Thence with the west line of this tract and across said existing alley, N W feet to the place of beginning and containing an area of 8589 Square Feet of land. 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 owners. 5. That the terms and conditions contained in this ordinance shall be binding upon Grantees and assigns. 6. That the Grantees shall pay all reasonable costs associated with procedures necessitated by the request to abandon this public right-of-way. 7. That the owner of the property provide the Planning Division and Engineering Services a utility plan showing the proposed realignment for the existing utilities (water, sewer, electric, and gas) prior to the alley abandonments final approval.

85 INTRODUCED on the 21 st day of July, 2015 and finally PASSED, APPROVED AND ADOPTED ON this the 4 th day of August, CITY OF SAN ANGELO, TEXAS ATTEST: by: Dwain Morrison, Mayor by: Bryan Kendrick,City Clerk Approved As To Content: Approved As To Form: Rebeca Guerra, Planning Manager Dan Saluri, Interim City Attorney

86 AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING APPENDIX A FEE SCHEDULE, BY RESTATING ARTICLE A9.000, PLANNING AND RELATED FEES, IN ITS ENTIRETY FOR PURPOSES OF ADOPTING THE DESIGNATION OF FEES AND FEE AMOUNTS FOR PLANNING RELATED SERVICES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of San Angelo seeks to provide for reasonable planning and related fees for purposes of recouping the costs incurred by City in providing those services; and, WHEREAS, the planning fees no longer reflect actual costs incurred for rendering services; and, WHEREAS, the City Council finds that the fees to be adopted as set forth in this ordinance are reasonable and prudent in light of the municipal staff effort and resources that must be expended to provide the services; and, WHEREAS, after careful study and due consideration of the financial impact of the costs incurred by the City for planning related services, the City Council has determined that the public welfare would be best served by amendment of the Appendix A Fee Schedule, Article A9.000, Planning Related Fees, to more accurately reflect the actual costs incurred by the City for providing those services; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: Section 1) The foregoing recitals are incorporated into this Ordinance by reference as findings of fact fully set forth in this Section. Section 2) Appendix A Fee Schedule, of the City of San Angelo Code of Ordinances is hereby amended by restating Article A9.000 Planning Related Fees, in its entirety to read and state as follows:

87 ARTICLE A9.000 PLANNING RELATED FEES Sec. A9.001 Trailer coach park license fee; transfer fee The annual license fee for each trailer coach park shall be fifty dollars ($50.00). The fee for the transfer of the license shall be five dollars ($5.00). Sec. A9.002 Planning and development fees Applications for change of zoning classification (not including planned development districts and certain exceptions specified below in this same section), applications for special use approval, and applications for conditional use approval: (1) Zone change: $ (2) Special use: $ (3) Conditional use: $ (4) Rehearing requiring renotification: $ (5) Sign deposit (per sign): $ (6) Sign deposit refund (per sign): $ Sec. A9.003 Planned development fees (a) $ Application for zone change to a PD district, requiring an area of 1.0 acre or more: (b) Zone change sign deposit (per sign): $ (c) Refund from sign deposit (per sign): $ (d) Application for site plan review of proposed development in PD district: $ (e) Application to amend PD ordinance: $ Sec. A9.004 Zoning Board of Adjustment application fees (a) Request for variance or adjustment from zoning regulations: $ (b) Request for appeal of decision made by an administrative official: $

88 Sec. A9.005 subdivisions) Preliminary plats, final plats and replats (except for administrative (a) Preliminary plats: $ (b) Final plats: $ (c) Replats: $ (d) Supplemental fee for replats requiring re-notification: $ Sec. A9.006 Final plats or replats of administrative subdivisions (a) Any size of subdivision or resubdivision: $ (b) Supplemental fee for replats requiring notification: $ Sec. A9.007 Miscellaneous planning fees (a) Request for expansion of nonconforming use: $ (b) Request for consideration of sign variance: $ (c) Request for temporary permit: $ (d) Request for street name change: $250.00*. *Plus cost of official City of San Angelo signage. (e) Request for release of easement: $ (f) Request for right-of-way abandonment or encroachment: $ (g) Request for Design & Historic Review Commission review: $ (h) Request for comprehensive plan amendment: $ (i) Request for zoning verification letter: $ (j) Request for annexation: $1,

89 Sec. A9.008 Conveyance of property interest in right-of-way abandoned by city The following fees shall be required for conveyance (by quit-claim deed) of interest in rights-ofway abandoned by the city council: (1) For improved streets and alleys: Three-quarters (3/4) the average assessed value of abutting land, by square foot, according to the most recently approved property tax roll compiled by the Tom Green County appraisal district, multiplied by the square feet of land in the right-of-way abandoned and thence conveyed to the applicant as an abutting owner of property, plus appropriate administrative fees charged on an hourly basis. (2) For unimproved streets and alleys: One-half (1/2) the average assessed value of abutting land, by square foot, according to the most recently approved property tax roll compiled by the Tom Green County appraisal district, multiplied by the square feet of land in the right-of-way abandoned and thence conveyed to the applicant as an owner of abutting property, plus appropriate administrative fees charged on an hourly basis. (3) For streets and alleys where significant easements for access by the public and/or utilities are reserved: One-half (1/2) the cost applicable to either circumstance described in subsection (1) or (2) above, plus appropriate administrative fees charged on an hourly basis. Sec. A9.009 Fees for sign placement or erection (a) No application for a sign permit shall be processed until the appropriate fee is paid. The fee shall be computed as follows: (1) Wall signs: $30.00 per wall face. (2) Portable signs: $ (3) Off-Site billboard signs: $ (4) Freestanding or pole signs: (a) 2-50 square feet: $ (b) 51+ square feet: $ Section 3) 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.

90 Section 4) This Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of 2015, and finally PASSED, APPROVED and ADOPTED on this the day of, CITY OF SAN ANGELO ATTEST: Dwain Morrison, Mayor Bryan Kendrick, City Clerk Approved as to content: Approved as to Form: Rebecca A. Guerra, Planning Manager Theresa James, City Attorney

91 AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, CHAPTER 8 OFFENSES AND NUISANCES, SECTION NOISES PROHIBITED, BY ADDING AN EXCEPTION FOR NOISE OCCURRING ON SCHOOL, UNIVERSITY OR CITY OWNED PROPERTY RELATING TO A SCHOOL OR UNIVERSITY SPONSORED ACTIVITY OR EVENT WHEREAS, pursuant to City of San Angelo ordinance, it is unlawful for any person to make, create, continue or cause to be made, created or continued any unnecessary, loud, unusual or prolonged noise which disturbs, or is calculated to disturb, persons in the immediate vicinity thereof; and, WHEREAS, the San Angelo Independent School District and other independent school districts, parochial schools, various private primary or secondary schools and universities including Angelo State University regularly sponsor out-of-doors activities or events on school, university or city owned property for students, their families, and community members, such as band and athletic activities and events; and, WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City of San Angelo that an exception be made to the city s noise ordinance for school and university sponsored activities or events occurring on school, university or city owned property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: Section 1. The Code of Ordinances of the City of San Angelo, Texas, Chapter 8 Offenses and Nuisances, Section Noises Prohibited, is amended by adding a new subparagraph (e) to read as follows: (e) It shall be an exception that noise which might otherwise be unlawful to make under this section occurs on independent school district, parochial school, private primary or secondary school, university or city owned property between the hours of 6:30 a.m. and 11:30 p.m., and is part of a school or university sponsored activity or event.

92 Section 2. This Ordinance shall become effective from the date it is passed, approved and adopted. INTRODUCED on the day of, 2015, and finally PASSED, APPROVED and ADOPTED on this the day of ATTEST: CITY OF SAN ANGELO Bryan Kendrick, City Clerk Dwain Morrison, Mayor Approved as to content: Approved as to form: Rick Weise, Assistant City Manager Theresa James, City Attorney

93 Requestor: Robert Salas, Neighborhood & Family Services Meeting Date: August 4, 2015 Item type: Regular Caption: Discussion on the development and implementation of a mandatory animal spay/neuter (MSN) ordinance. Summary/History: San Angelo has a pet overpopulation problem. Since January 2014, over 10K animals have entered the shelter and of those, over 7K were euthanized. Although the current shelter management has succeeded in reducing the euthanasia rate recently, the sheer number of animals continually entering the shelter overloads the shelter facilities and staff and drives up costs. While some of those animals were put down because they were feral and/or diseased, the vast majority of those deaths could have been avoided had pet owners spayed or neutered their dogs and cats to prevent unwanted litters. Besides saving tax payer money, spay/neutering animals has several benefits: Spaying prevents breast cancer, which is fatal in about 50 percent of dogs and 90 percent of cats Neutering eliminates the risk of testicular cancer, which is common in dogs Neutered dogs won t roam from home in search of a mate o About 85 percent of companion animals hit by cars are not fixed Neutered pets behave better, focusing their attentions on their human families. A female cat and her offspring theoretically can produce 420,000 cats in 7 years. A female dog and her offspring can produce 67,000 dogs in 6 years. In order for the city to begin to slow down the over breeding situation, Animal Control needs all the tools available to combat the problem. One of those tools is a Mandatory Spay/Neuter (MSN) ordinance. An effective ordinance would have the following characteristics: The ordinance would require all dogs & cats over 4 months of age to be spayed/neutered & microchipped o Ordinance would affect all animals leaving the shelter There would need to be exceptions. Some of those exceptions could include: o Breeders with current breeder s permit and a veterinarian health statement that verifies a microchip with number o Medical reasons with documented recommendations from a veterinarian in the animal`s medical record o Competition animals with the proper documentation to demonstrate an animal s activity o Law enforcement dogs Enforcement would need to be secondary enforcement o Animal Control Officers would check when responding to other situations, such as dog at large or chained animal, etc Need to provide low cost operation options for low income families Fines for violations of the ordinance would need to be established and enforced

94 Would need to allow time for citizens to get ready for the ordinance o Veterinarians may get inundated with appointments, so we would need to provide time for veterinarians to deal with the increased demand for SN operations o Recommend up to six months Financial Impact: None at this time. Other Information/Recommendation: Staff is requesting direction on council s desire to pursue the development and introduction of a MSN ordinance. Attachments: None Presentation: PP by Bob Salas Approvals/Reviews: N/A

95 Mandatory Spay/Neuter Ordinance Discussion Aug 4, 2015

96 The Problem Since Jan, 2014 o Over 10K entered o Over 7K put down One unaltered female cat + offspring = 420K in 7 yrs One unaltered female dog + offspring = 67K in 6 yrs High cost to maintain animal control facilities and staff Tools available o 4 ACO positions o Educational efforts = SNIP o Adoption/euthanasia Need more tools mandatory spay/neuter ordinance

97 Benefits of S/N Safe, simple surgeries that prevent animals from reproducing o Females are spayed; males are neutered. Reduces or eliminates risk of certain types of cancer. Helps eliminate undesirable behaviors o Pets behave better, focusing their attentions on their human families o Fighting, spraying, and roaming. 85% companion animals hit by cars are not fixed

98 Ordinance Animals over 4 months - S/N & micro-chipped Recommended exceptions: o Breeders with current breeder s permit and microchip info o Medical reasons o Competition animals o Law enforcement/specialty dogs Need to provide low cost options Fines need to be established and enforced Would need to allow time for citizens to get ready for the ordinance 6 months Secondary enforcement

99 Requestor: Morgan Chegwidden, Finance, Meeting Date: August 4, 2015 Item type: Regular Caption: Discussion regarding the fiscal year budget preparation including consideration of a record vote to propose a property tax rate. Summary/History: Council priorities and goals: As discussed last meeting, resources exist to continue making progress on each of the five priorities. However, further action needs to be taken to fully realize these benefits to our community. Water infrastructure and long term water supply No requirements are necessary this operating budget cycle. Staff will continue working outside of budget cycle to finalize the water rate study and present a proposal to Council this fall. Streets: renewed infrastructure For this budget cycle, we were asked to consider a funding request of $115,000 to address inflation on street maintenance expenses. Although substantial progress has occurred in street maintenance, issues regarding reconstruction of failed or failing streets will be addressed outside of this budget cycle when results of street survey are finalized this fall. Salaries: adjustment to market within a three-year period, possibly four Funding has been set aside to address this goal and the specific parameters by which to assign raises can be discussed. Recall that police civil service pay raises have already been addressed this budget cycle through the existing meet and confer agreement. Improved development process As discussed last meeting, funding has been added for various items which will improve the development process. Additional funding of $46,941 is recommended this budget cycle for board training, staff training, personnel, and more. Police station: replace with new or refurbished No requirements are necessary this operating budget cycle. Staff will continue working through project details and report back to the Council with action items. Other items needing Council direction: Health insurance Due to increased regulatory requirements of the Affordable Care Act as well as increased claims experience, staff recommends an increase in the employer contribution at an estimated cost of $457,379. Pay as you go capital As discussed last meeting, staff proposes pay as you go capital be reinstated atan increase of $500,000 each year for the next three years to replenish funding. By reinstating these funds, Council would have resources for a variety of General Fund projects such as traffic signal improvements, facilities improvements, Fort Concho officers quarters, recreation center air conditioning, parks, animal shelter improvements, and more. Vehicle maintenance In an effort to improve management of the City s fleet, a proposal has been developed at a cost to the General Fund of $340,158.

100 Services lacking adequate staff and/or financial resources. This agenda item is also to satisfy the state comptroller s recommended practice for the Council to consider taking a record vote to propose a property tax rate for fiscal year A record vote is recommended if the proposed tax rate will raise more funds than taxes received during the previous fiscal year. The proposed increase in revenue is due to properties which have been re-appraised and also new property that has been added to the tax roll. Financial Impact: None at this time. Other Information/Recommendation: Staff recommends a record vote be taken at the current tax rate of / $100 valuation. Attachments: Calendar Spreadsheet Presentation: Presentation Approvals/Reviews: Tina Carriger, Finance Director

101 City of San Angelo Budget Preparation FY Budget Calendar Items with an asterisk (*) require participation from divisions Regularly scheduled City Council meeting dates are in red APRIL MAY S M T W T F S S M T W T F S Budget Training HOLIDAY Distribute expense budget* Revenue budget open* Provide personnel request forms* Revenue budget due* Personnel requests due* Pay plan due Expenditure budget due* Budget Book Sheets due* Target increases due* HOLIDAY 1st draft budget April - Budget staff will offer budget training, distribute budget manual, instructions, and personnel request forms. April 1-2 Budgeters must submit the revenue budget and personnel requests by April 15. JUNE May - Budget staff will expense packets to division managers by May 1. Included in this packet are target increase request forms and budget book sheets. Budget staff will offer budget interviews March Division managers must submit all documents by May 15. JULY S M T W T F S S M T W T F S HOLIDAY Staff Budget Reviews* Staff Budget Reviews* City Council Budget Discussion City Council budget discussion* City Council Budget Discussion Draft budget published City Council Budget Workshop June - City Council will discuss the budget at the June 2 and June 16 regular meetings. Dept directors may need to answer questions/present information at these City Council meetings. Staff budget reviews will occur with dept directors June July - City Council will discuss the budget at the July 7 and July 21 regular meetings. Council will convene a special budget workshop July 28. Dept directors may need to answer questions or present information at these meetings. As of 7/24/2015 Page 1 of 2

102 City of San Angelo Budget Preparation FY Budget Calendar Items with an asterisk (*) require participation from divisions Regularly scheduled City Council meeting dates are in red AUGUST SEPTEMBER S M T W T F S S M T W T F S Approval of budget ordinance Intro of tax levy ordinance City Council budget discussion HOLIDAY Record vote to propose tax rate Approval of tax levy ordinance Introduction of budget ordinance 1st hearing of tax levy August - City Council will discuss the budget at the August 4 regular meeting. A record tax vote will be taken at this meeting. An introduction and public hearing of the proposed budget ordinance will be presented at the August 18 City Council meeting. The first public hearing on the proposed tax levy will also be held at the August 18 meeting. September - City Council will approve the proposed budget on September 1. Budget staff will also introduce the proposed tax levy at this meeting. On September 15, the City Council will hold a second reading and approve the tax levy. As of 7/24/2015 Page 2 of 2

103 City of San Angelo Budget General Fund Proposed Items CMO Revenue Over/(Under) Expenditures 3,065,939 Council Goal - Streets (115,000) Council Goal - Salaries (1,561,473) Council Goal - Dev Process (46,941) Other - Health Insurance (457,379) Other - Pay-as-you-go Capital (500,000) Other - Vehicle Maint (340,158) Other Revenue Over/(Under) Expenditures 44,988 FIN

104 City Council August 4, 2015

105 Budget

106 Budget

107 Budget Progress on Council priorities and goals: Streets: renewed infrastructure: Action this budget cycle consider funding request for additional $115,000; Revisit later street survey results.

108 Budget Progress on Council priorities and goals: Salaries: adjustment to market: Action this budget cycle options for raises for civilians and fire civil service, estimated impact of $1,561,473.

109 Budget Progress on Council priorities and goals: Improved development process: Action this budget cycle consider funding request for additional $46,941.

110 Other items: Health Insurance: Budget Increased expenses to meet regulatory requirements due to Affordable Care Act; Increased allocation needed to fund claims experience; Propose increasing employer contribution of $457,379.

111 Other items: Pay as you go capital: Budget Reduced last budget cycle to fully fund street maintenance; Intended to be a short-term solution; Funds medium capital projects; Proposal to replenish the fund by $500,000 each year for the next three years.

112 Other items: Vehicle Maintenance: Budget Improve management of the City s fleet; Recommend approval at a cost of $340,158 to the General Fund.

113 Budget General Fund Revenue Over Expenditures 3,065,939 Council Goal Streets (115,000) Council Goal Salaries (1,561,473) Council Goal Dev Process (46,941) Other Health Insurance (457,379) Other Pay-as-you-go Capital (500,000) Other Vehicle Maint Other Remaining Revenue Over Expenditures 385,146

114 Budget Consideration of a record vote to propose a property tax rate: A record vote should be taken when the proposed tax rate will raise more funds than taxes received during the previous year; Current tax rate: $0.776 / $100 valuation: $0.696 for Maintenance & Operations; $0.080 for Debt Service.

115 City Council August 4, 2015

116 Memo Meeting Date: August 4, 2015 To: From: Subject: Mayor and City Council members Rebeca A. Guerra, AICP, LEED-AP, CPD Planning Manager FirstReading of Ordinance for possible annexation (to San Angelo s City limits) of certain properties situated south of San Angelo Location: An area encompassing an unaddressed acre tract located South of Loop 306 and East of Knickerbocker Road Caption: First Public Hearing and consideration of an Ordinance annexing acres situated immediatelysouth/southeast of San Angelo, generally located south of Loop 306 and east of Knickerbocker Road and specifically described as approximately acres of land out of Casper Berberich Survey 177, Abstract No. 52 and Heinrich Zerbach Survey 178, Abstract No. 4210, City of San Angelo, Tom Green County, Texas and also being out of certain acre tract described and recorded in Instrument No , Official Public Records of Tom Green County, Texasand said acre tract being more particularly described by metes and bounds, in Tom Green County, Texas.

117 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 south of Loop 306 and east of Knickerbocker Road. On March 26, 2015, the Planning Division received a petition to annex from the property owner, Kevin Collins.By accepting the petition and adopting a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council will initiate a process that may be completed as early as August 18, On June 2, 2015, City Council voted to accept the Petition to Annex. On July 7, 2015, and July 21, 2015, City Council held two public comment hearings for the proposed annexation. 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) Petition to annex June 2, 2015 First public hearing July 7, 2015 Second public hearing July 21, 2015 Introduce annexation August 4, 2015 Ordinance, on First Reading Second and final reading August 18, 2015 of annexation Ordinance 2

118 Analysis of Proposed Annexation: The City of San Angelo s Annexation Plan (updated in 2009) is categorized into three timeframes in which annexations should occur. The first of these three is the Immediate time frame ranging from 0-5 years. Second, is the Intermediate which suggests annexations that could occur 5-10 years from the date the annexation plan was updated. Finally, we have the Long-Term timeframe which recommends annexations that could occur 20 or more years from the date the annexation plan was updated. The proposed site for annexation fits within the Intermediate time frame of the City s approved Annexation Plan. The Comprehensive Plan recommends focusing intermediate annexation efforts on areas that can be served by extending the existing water distribution system, and avoiding annexation of areas where development would necessitate extensive improvements to water tanks and transmission lines. The area included in this annexation petition is located within 200 feet of an existing water main and will not require extensive improvements to existing to water tanks and transmission lines. San Angelo s Comprehensive Plan suggests that municipal annexation should be used to direct urban growth into areas adjacent to existing City limits, where infrastructure for transportation and utilities are already in place. This site sits south of Loop 306 and east of Knickerbocker Road and is designated on the Comprehensive Plan s Future Land Use Map as Neighborhood. The Comprehensive Plan states that the intent of an annexation is to ensure that new housing and business activity is incorporated within the City limits of San Angelo in way which minimizes up-front municipal expenditures (for capital improvements in newly annexed areas) but maximizes suitability of such development within the urban context of San Angelo. In addition, the Comprehensive Plan recommends balancing short-term costs of making measured capital improvements in possible annexation areas, with long-term costs of continuously not annexing these same areas. The Comprehensive Plan also states thatthe intent for the future growth of Neighborhoods is to promote vibrant and viable neighborhoods, improve neighborhood connectivity with and between neighborhoods, improve relationships between adjacent commercial and residential land use adjacencies, grow new neighborhoods in San Angelo in a reliably sustainable manner, promote neighborhood organization and outreach, and improve access to open space for all residents. The Subdivision Ordinance recommends providing developers and land sub-dividers with a guide to the development and subdivision of land so there are protections and to provide for the public health, safety, and general welfare of the City of San Angelo. The Subdivision Ordinance also states that it was adopted in order to provide orderly, safe and efficient development of the City and surrounding area, to provide streets that insure safe, convenient and functional systems for vehicular and pedestrian circulation, and to provide for efficient use and extension of municipal utilities. 3

119 The proposed acres of land being considered for annexation is located adjacent to the Bentwood Country Club and all of the requested area for annexation is still vacant. To the west of this area is a golf course and residential development and it is expected that future residential development will extend within the requested area for annexation. Utilities Analysis of Proposed Annexation: The City would not be responsible for extending service mains or infrastructure. This would be the responsibility of the developer and/or owners of the proposed annexed property. o Water Land Development and Subdivision Ordinance, Chapter 11.II.F:Developers of new subdivisions, owners of property within existing subdivisions, and owners of unplatted property, whose land is located outside of the city limits but within the city s extraterritorial jurisdiction and who request extension of city water service to said property or properties, shall voluntarily request in writing that the City of San Angelo annex the area proposed to be serviced. If the City Council agrees to initiate proceedings on the requested annexation, such annexation shall be completed prior to, or concurrent with, approval of the new subdivision and/or extension of City utilities to the existing subdivisions and/or unplatted properties. Land Development and Subdivision Ordinance, Chapter 11.I.A: As a prerequisite for approval of a plat of a new subdivision or Replat of an existing subdivision by the City, the developer shall be required to install water transmission and distribution mains and service laterals within and/or adjacent to such new subdivisions as specified and required by the City Water Utility System. o Sewer Land Development and Subdivision Ordinance, Chapter 12.I.A: As a prerequisite for approval of a plat of a new subdivision or Replat of an existing subdivision by the City, the developer shall be required to install wastewater mains (either one-site, off-site, standard size, oversize, gravity, or pressure), manholes, and/or lift stations (either one-site, off-site, standard size or oversize), within and/or adjacent to such subdivisions as required by this Chapter and the current Construction Standards of the City of San Angelo, whichever is more stringent. The development may utilize on-site waste disposal only when the development conforms to the On-Site Waste Disposal Ordinance as it exists, or may be amended. 4

120 The developer and/or owner would be responsible for the extension of water and sewer utilities; therefore, the improvements would be installed at their expense and by the approval of the City. However, the size of the utilities may require some financial participation by the City for oversized mains and/or infrastructure per the citations below. o Water Land Development and Subdivision Ordinance, Chapter 11.I.C.2: Oversized Water Facilities. In the case of oversized water facilities installation, the following shall apply: The Department of Public Works shall pay the difference of cost in pipe size required to oversize. The Department of Public Works shall purchase the oversized pipe under the competitive bids in accordance with the statutes of the State of Texas and the City Code of the City of San Angelo. The oversized pipes shall be furnished to the job site by the Department of Public Works, upon request by the developer. The developer shall be billed for the required size pipe cost and prompt payment of the developer s share shall be made. The City of San Angelo shall have no liability for the original payment for construction of facilities by the construction contractors. Upon the completion of such construction, pursuant to contract or contracts for construction, the City shall not be a signatory party to such contract or contracts; provided, however, that such construction shall nevertheless be subject to progress inspection by the Department of Public Works and shall be in compliance with all plans and specifications as stated in the Water System Standards. o Sewer Land Development and Subdivision Ordinance, Chapter 12.III.A Oversized Facilities Reimbursement. Should the payment by the developer include payment for oversized main(s) and/or oversized lift station(s) required by the Department of Public Works, the developer shall be reimbursed by the City for a portion of the cost of oversized main(s), and the developer shall be reimbursed by the City for that portion of the cost of the oversized lift station(s) of sufficient size only to service the maximum estimated wastewater and other liquid sewerage disposal of such new subdivision. Reimbursable amounts shall be payable by the City to the developer regardless of the subsequent tie-on to use of such oversized facilities by other and additional users. Any facility that is oversized and requires payment from the City for oversizing, then sealed competitive bids will be required if, the total cost of the project equals or exceeds the limits as allowed by State statute or City requirements. The other method of City 5

121 participation will be for the City to supply the size main required, and the City to bill the developer or contractor for the size main that will be used by the development. Attachments: Aerial Map Future Land Use Map Zoning Map Major Thoroughfare Plan Utility Map Notification Map Approved Annexation Plan List of individuals and entities notified Newspaper publication Petition, as provided by the applicant Survey Map, as provided by the applicant Exhibit A (Legal Description and Survey) Exhibit B (Service Plan) Draft Ordinance Notification: Notifications for this request were sent out within a 200-foot radius of the proposed site. Two (2) letters were mailed to adjacent property owners on April 21, As of July 21, 2015, there are zero (0) responses in favor and zero (0) responses in opposition of the request. In addition, notifications to Verizon, the Independent School District, Suddenlink, Tom Green County, Republic, Atmos Energy, AEP, and the San Angelo Fire Department were also mailed.as of July 10, 2015, there have been zero (0) responses regarding the request. Publication: A legal notice was required for the hearing of this item. This notice was published in accordance with the Texas Local Government Code on July 21,

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129 List of individuals and entities notified 1. BENTWOOD CC LLC 2. SHEEN TERRELL C 3. AEP Texas 4. Atmos Energy 5. San Angelo Fire Department 6. San Angelo ISD 7. Republic Services, Inc. 8. SKG Engineering, Inc. 9. Suddenlink Communications 10. Tom Green County 11. Verizon 14

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134 Exhibit B (Service Plan) Service Plan for extension of municipal services to an area described as follows: Generally located south of Loop 306 and east of Knickerbocker Road and specifically described as approximately acres of land out of Casper Berberich Survey 177, Abstract No. 52 and Heinrich Zerbach Survey 178, Abstract No. 4210, City of San Angelo, Tom Green County, Texas City of San Angelo, Tom Green County, Texas and also being out of certain acre tract described and recorded in Instrument No , Official Public Records of Tom Green County, Texas and said acre tract being more particularly described by metes and bounds, in Tom Green County, Texas. SERVICE PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas. Patrolling, radio and dispatch responses to calls, traffic enforcement, and other routine police services will be provided. The typical response time within City limits is less than 3.5 minutes for emergency calls. 2. FIRE PROTECTION AND EMERGENCY SERVICES The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. The City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. Topography, land use, and population density will not affect fire or emergency services. These newly annexed areas cannot be served with existing resources. New hydrant locations are needed. 19

135 3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Republic Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City s contractor has access to such property requested to be serviced. The same regular solid waste collection services now provided within the City will be extended (as appropriate) to the newly annexed area after the effective date of annexation. 4. MAINTAINING WATER AND WASTEWATER FACILITIES Any and all water or wastewater facilities owned or maintained by the City of San Angelo, Texas at the time of annexation shall continue to be maintained by the City of San Angelo. The City of San Angelo shall be notified of any and all existing water and wastewater facilities in the newly annexed area subsequent to annexation. City of San Angelo wastewater services cannot be provided in the newly annexed areas at the effective date of annexation. City of San Angelo water services cannot be provided in the newly annexed areas at the effective date of annexation. Water and wastewater mains and services will be required to be extended per the City of San Angelo Code of Ordinance subsequent to annexation. The developer/owner shall prepare and submit plans for approval, illustrating the proposed installation of a water main and required service connections and complete the installation in accordance with the approved version of these plans. The developer/owner shall prepare and submit plans for approval, illustrating the proposed installation of a sewer main and required service connections and complete the installation in accordance with the approved version of these plans. 5. MAINTAINING ROADS, STREETS, AND ALLEYWAYS Any and all roads, streets, or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and 20

136 alleyways are maintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). As new development occurs within the newly annexed area, the developers of property will be required to construct streets in accordance with the City s subdivision policies in place at the time of development. The Public Works Department will maintain public roads and streets at a level of comparable services available in other parts of the City of San Angelo, Texas (including emergency pavement repair, preventative street maintenance, right-of-way mowing). 6. MAINTAINING PARKS, PLAYGROUNDS, AND SWIMMING POOLS In the event any such parks, playgrounds, or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. If such facilities are included, they cannot be adequately maintained unless the proper funding, from City Council, is in place. The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. Noparks, playgrounds, and/or swimming pools exist within the proposed annexation area at the effective date of annexation. Upon annexation, the owners and residents of property located within the annexed area shall be entitled to the use of all municipal parks and recreational facilities, subject to the same restrictions, fees, and availability that pertains to the use of those facilities by other citizens of the City. Private parks, playgrounds, and/or swimming pools will remain under private ownership and will be maintained under private ownership and responsibility. 21

137 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS (OPERATIONS) The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation.in the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. Subject to funding by the City Council. Upon annexation, the owners and residents of property located within the newly annexed areas shall be entitled to the use of all municipal facilities, buildings, and services, subject to the same restrictions, fees, and availability that pertains to the use of those facilities and services by other citizens of the City. 22

138 CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 3 YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL SERVICES AND/OR SOLID WASTE COLLECTION The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 3 years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES During the next 3 years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains can be extended for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density, and topography. SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory s annexation. 23

139 AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS ACRES OF LAND OUT OF CASPER BERBERICH SURVEY 177, ABSTRACT NO. 52 AND HEINRICH ZERBACH SURVEY 178, ABSTRACT NO. 4210, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS AND ALSO BEING OUT OF CERTAIN ACRE TRACT DESCRIBED AND RECORDED IN INSTRUMENT NO , OFFICIAL PUBLIC RECORDS OF TOM GREEN COUNTY, TEXAS AND SAID ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, IN TOM GREEN COUNTY, TEXAS AS DESCRIBED IN EXHIBIT A, 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 , all of the owners of a tract of land containing acres situated immediately south/southeast of San Angelo, Texas, generally located south of Loop 306 and east of Knickerbocker Road, more fully described in Exhibit A, attached hereto and made a part hereof for all purposes (hereinafter the Area or Territory ), have 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 on the annexation have been held, the first on July 7, 2015, the second on July 21, of 2015, and the third on August 4, of 2015, 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 public hearings have been held within the time required by law pursuant to notices duly posted and published; 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 June 2, 2015; and, 24

140 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; and all required legal conditions for annexation have been met. 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 the extension of 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. 25

141 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. adoption. Effective Date. This ordinance will become effective sixty (60) days from and after its INTRODUCED on the day of, 2015, and finally PASSED, APPROVED, AND ADOPTED on this the day of, THE CITY OF SAN ANGELO ATTEST: by: Dwain Morrison, Mayor by: Bryan Kendrick, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Rebeca A. Guerra, AICP, LEED-AP, CPD Planning Manager Theresa James City Attorney 26

142 Requestor: Rebeca A. Guerra, AICP, LEED-AP, CPD, Planning & Development Services Department Meeting Date: July 21, 2015 Item type: Regular Caption: Discussion and authorization for the Planning & Development Services Department to prepare a Request For Qualifications (RFQ) to allow for a consultant to provide services for the purposes of amending Chapter 12, Exhibit A (Zoning Ordinance) of the Code of Ordinances for the City of San Angelo. Summary/History: The Planning & Development Services Department seeks to request statement of qualification proposals from qualified consultants to provide professional planning services associated with updating the City s Zoning Ordinance. The updated Zoning Ordinance should incorporate recommendations included in the 2009 Comprehensive Plan. As part of its goal setting workshop for the year, City Council identified improvement of the development processes as an important objective for staff to address. Given that the Zoning Ordinance was last updated in the year 2000, a comprehensive examination and amendment of the current Ordinance will serve to meet Council s objective by eliminating contradictions and redundancies in the text, while also incorporating new standards and design principles to address current development needs and trends. The professional consulting firm selected for this assignment will work closely with City staff, the Development Task Force, and the Planning Commission, to update the Zoning Ordinance. The Planning Division will serve as the point of contact for this project and will be responsible for coordinating and implementing the proposed Zoning updates. Planning staff may be responsible for updating specific sections of the Ordinance simultaneously. These updates will be incorporated into the draft document for final approval. This will require close coordination between the consultant and the Planning staff. The following are major components of the Zoning Ordinance that are expected to be incorporated into the update: Restructure and consolidate the zoning districts into a more concise set of districts; Review the permitted and conditional uses in each district and reconfigure the use table accordingly; Evaluate and revise as necessary the development standards for each district; Consider the potential for overlay districts; Incorporate the recommendations of the City Center Strategic Plan for introducing a form-based code for the Downtown Development District; Introduce Urban Design Review standards; Update standards relating to accessory structures; Review all definitions and revise accordingly; Include a district incorporating the recommendations of the Lake Nasworthy Master Plan and Development Strategy Partner with Gateway Planning to create unique standards for the study area identified in the Lake Nasworthy Master Plan relevant to the features specific to this area; Review and revise the buffer and minimum yard requirements;

143 Ensure consistency throughout the Zoning Ordinance between different sections; Eliminate contradictions and redundancy; Incorporate minimum building façade requirements for all new nonresidential construction; Introduce landscape requirements which incorporate xeriscaping, water saving principles, and open space; Investigate opportunities to streamline approval processes, incorporating administrative options where possible; Create or modify regulations for uses which are newer (such as weekend rentals or mobile grooming services) or for which technology has changed the processes (such as small manufacturing uses or home occupations); Examination of options for regulating civic uses in a way that does not impede development (such as parks or schools); and A variety of other zoning issues will be identified as the update process moves forward. Once qualifications have been received, a selection committee will choose finalists for one or more interviews. Scoring sheets by each committee member will be utilized to make a final decision, at which time staff will approach City Council to seek approval to negotiate terms and discuss funding in more detail. Once negotiations are complete, staff will seek City Council approval to execute a contract. The consultant will prepare the updated Zoning Ordinance in a format agreed upon by the City. Throughout the course of updating the Zoning Ordinance the consultant shall provide draft versions for review at various stages throughout the project. This process will also include opportunities for the public to participate in community meetings and provide commentary. The specific deliverables will be subject to further discussion with the selected consultant and will be carefully articulated within the contract. Financial Impact: Not known at this time. Other Information/Recommendation: Staff recommends authorizing the Planning & Development Services Department to prepare a Request For Qualifications (RFQ). Attachments: N/A Approvals/Reviews: Reviewed by Rick Weise, Assistant City Manager

144 Requestor: Shane Kelton, Operations, Meeting Date: August 4, 2015 Item type: Regular Caption: First Public Hearing and consideration of replacing Article Solid Waste of the Code of Ordinances in its entirety. Summary/History: The City of San Angelo entered into a Special Exclusive Contract for Solid Waste Collection and Disposal with Republic Services of Texas, ltd. on July 24, 2014 effective August 1, The new collection service for solid waste and recyclables began July 20, Subsequently, a change to the existing Solid Waste Ordinance needs to occur to align with the new solid waste and recyclables collection contract and services. Article as it currently exists will be deleted in its entirety and replaced with a revised version that is more concise and representative of the new services. Some of the more substantial items addressed by the revision include: storage locations of residential and Non- Residential containers; time allowances for cart placement for collection services on residential containers; custodial responsibilities for residential and Non-Residential containers; and permitting logistics for commercial haulers. As the program moves forward and matures, staff will have a better indication if further revisions to the Ordinance will be necessary. Such amendments will be brought to council at a later date as appropriate. Financial Impact: None Other Information/Recommendation: Staff recommends approval of the revised Article Solid Waste of the Code of Ordinances as presented. Attachments: Current Article Solid Waste of the Code of Ordinances Revised Article Solid Waste of the Code of Ordinances Exhibit A Presentation: None Approvals/Reviews: Ricky Dickson, Executive Director of Public Works

145 Page 1 of 7 7/30/2015 CHAPTER 11 UTILITIES ARTICLE SOLID WASTE * ARTICLE SOLID WASTE* Sec Duties of customer (a) Generally. (1) To provide containers. Every customer shall provide and use approved containers sufficient in number to hold the garbage and trash normally accumulating on the premises of said customer. (2) To secure containers. Every customer shall keep all garbage and trash containers used by it securely closed in such manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (b) Specifications for garbage containers. (1) Garbage containers must meet the following requirements: The container shall be a watertight receptacle of a durable grade of material, not to exceed thirty (30) gallons in capacity, and the combined weight of the garbage and container shall not exceed sixty (60) pounds. It shall be provided with a suitable, close-fitting cover. (2) The container must not have inside structures, such as inside bands or reinforcing angles or anything within the container to prevent the free discharge of the contents. Sturdy cardboard containers or cartons may be used as containers up to their level capacity for material defined as trash, but they will be collected with their contents. (c) Placement of containers for residential collection. It shall be the duty of each customer of residential premises in the city to place garbage and trash containers at locations as follows: (1) Premises on alleys. If the premises from which garbage and trash are to be collected are adjacent to a dedicated public alley, the customer shall place all containers adjacent to the alley at a location on the premises and easily accessible to the collector from outside said premises. (2) Other premises. In the event there is no alley adjacent to the premises, the customer shall place all containers for collection at curbside on the street on which said premises are addressed. (3) Designation of collection point. In the event it is not practical to place containers for collection at locations hereinabove provided, the city sanitation inspector or his duly authorized representative shall designate the point most easily accessible for collection in such instances. (4) Time of placement. All containers shall be placed at the hereinabove prescribed locations not later than seven o clock (7:00) a.m. on the day of scheduled collection.

146 Page 2 of 7 7/30/2015 (d) Bulky trash, brush, etc., for residential collection. In the event trash is of such a nature that it cannot be placed in approved containers, it shall be placed in bundles or disposable containers having an outside dimension of not more than four feet (4') and shall be placed for collection as provided in subsection (c) hereof. Brush shall be cut in lengths not to exceed four feet (4') and shall be trimmed and stacked at curbside to a height of not more than three feet (3') with the larger ends placed toward the curb or street. All vines and thorny bushes shall be placed in disposable containers. No bundle, container, or other item shall weigh more than sixty (60) pounds. Discarded furniture or appliances not exceeding four feet (4') in length and eighty (80) pounds in weight need not be in a container. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Collection service; fees and charges (a) Use of collection service required; exceptions. It shall be the duty of all residential and commercial customers to subscribe to a commercial garbage collection service that is licensed by the city. Those commercial customers that generate special types of garbage that are not covered by an exclusive contract entered into pursuant to this article shall be allowed to use any other garbage collector duly permitted pursuant to this article. The city council may authorize an individual to dispose of his own garbage and trash where hardship is shown. The city manager shall cause an investigation to be made of the circumstances surrounding any application for exception and shall report to the city council on the results of his investigation. A list of such exempt persons shall be kept and given to any city garbage company monthly. The city council may revoke said exemption at any time. (b) Residential service. The residences of the city and small professional and business firms who receive twice-a-week regular service have been divided into fair and reasonable types according to their structure and uses, for the purposes of collection of garbage and trash. Fair and reasonable charges for service where pickups are made from alleys or from front or side-line street curbs shall be charged as provided for in the fee schedule found in appendix A of this code. (c) Inspection charge; reports. In addition to the above specified amounts, the city shall charge an inspection fee as provided for in the fee schedule found in appendix A of this code for each customer of all licensed garbage haulers. In all cases wherein the city acts as collecting agent for a licensed garbage hauler, the city shall include such additional fee in the monthly bills for garbage collection. The funds thus obtained shall be retained by the city and shall be separate and distinct from any funds retained by the city according to the terms of any contract existing between the city and such garbage hauler. All private garbage haulers shall submit to the water utilities department a monthly report of the number of customers served by such private garbage haulers and shall remit therewith a sum as provided for in the fee schedule found in appendix A of this code. In the event any private garbage hauler fails or refuses to submit such report and remittance, the city council may immediately revoke the permit granted to such private garbage hauler under the provisions of this code. (d) Landfill surcharge. (1) In addition to the above specified amounts, the city will charge a landfill surcharge as provided for in the fee schedule found in appendix A of this code for each commercial customer of all licensed garbage haulers. In all cases in which the city acts as collecting agent for a licensed garbage hauler, the city shall include such additional fees in the

147 Page 3 of 7 7/30/2015 monthly bills for garbage collection. All private garbage haulers shall submit to the water utilities department a monthly report of the number and type of customers served by such haulers and shall remit therewith a sum as provided for in the fee schedule found in appendix A of this code. In the event any private garbage hauler fails or refuses to submit such report and remittance, the city council may immediately revoke the permit granted to such private garbage hauler under the provisions of this code. (2) All funds collected hereby shall be retained by the city and shall be separate and distinct from any funds retained by the city under any contract between the city and any garbage hauler. (3) The purpose of this surcharge is to defer the expense of engineering, testing and maintaining the city s landfill in accordance with all state and federal rules, regulations and permits, and for future landfill development and expansion. (e) State landfill surcharge fee. (1) In addition to the above specified amounts, the city will charge a state landfill surcharge fee as provided for in the fee schedule found in appendix A of this code for each residential customer, for each commercial dumpster (box), and for each commercial roll-off container. In all cases in which the city acts as collecting agent for a licensed garbage hauler, the city shall include such additional fees in the monthly bills for garbage collection. (2) All private garbage haulers shall submit to the water utilities department a monthly report of the number and type of customers served by such haulers and shall remit therewith a sum as provided for in the fee schedule found in appendix A of this code for each residential customer, for each commercial dumpster (box), and for each commercial roll-off container. In the event any private garbage hauler fails or refuses to submit such report and remittance, the city council may immediately revoke the permit granted to such private garbage hauler under the provisions of this code. (3) All funds collected hereby shall be retained by the city and shall be separate and distinct from any funds retained by the city under any contract between the city and any garbage hauler. The charges set forth under this subsection will be identified in the water bill as a state surcharge fee. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Collector s permit; duties of collectors (a) Permit required. No person shall empty garbage and trash containers or receptacles, or convey or transport the contents thereof on the streets, alleys or public thoroughfares of the city for hire, without having first obtained a written permit from the council. (b) Application for permit; insurance. Any person desiring a permit for the collection, removal and disposal of garbage and trash shall make application for such permit to the council, who shall make or cause to be made such investigations as may be considered necessary in order to determine whether or not the public convenience and necessity requires the granting of such permit and whether the applicant is a fit and proper person to conduct such business. Among other things, the application shall consist of the following:

148 Page 4 of 7 7/30/2015 (1) The application shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the number of vehicles the applicant desires to operate; the class, size and design of each vehicle; the financial status and responsibility of the applicant; his ability to respond in the event of damages to persons or property by reason of the negligent operating of a vehicle on a street or public thoroughfare of the city; the nature and character of the service the applicant proposes to render; the experience he has had in rendering such service; the patrons from whom he proposes to render the service; and such other information as may be required. (2) No permit shall be issued to any applicant hereunder unless and until such applicant has obtained a policy of public liability insurance and has filed with the city clerk a certificate evidencing such policy. Such policy shall: (A) Include the city as a named insured; (B) Provide at least thirty (30) days written notice to the city as a condition precedent to cancellation; (C) Insure the public against any loss or damage that may result to any person or property arising out of the applicant s operation under the permit; and (D) Provide a minimum amount of recovery in such policy as to each and every vehicle to be not less than the following amounts: (i) For injury to or death of one person in any one accident: $25, (ii) For injury to or death of two (2) or more persons in any one accident: $50, (iii) For damage to or destruction of property in any one accident: $10, The termination or cancellation of the policy of insurance required herein shall automatically revoke the permit granted under the provisions of this code. (c) Issuance of permit; transfer; revocation. Permits shall be issued to qualified applicants for a period of one year; provided, however, that qualified holders of a permit shall be required to pay an initial permit fee as provided for in the fee schedule found in appendix A of this code for the first year. Thereafter an annual fee as provided for in the fee schedule found in appendix A of this code shall be charged. All permits granted shall be nontransferable and may be revoked by the council after ten (10) days notice and a hearing before the council upon a finding by the council that the holder thereof is operating under his permit in such a manner as to be detrimental to the public safety, health or the general welfare of the city. (d) Special contracts. Because of the large investment in special equipment required to properly collect the garbage and trash of residential customers, public convenience and necessity requires the council to, from time to time, enter into an exclusive or nonexclusive contract with an established garbage collection company for the collection of garbage and trash of residential customers. Said contract may extend for a period of not more than twenty (20) years, subject to termination prior to its expiration for cause. Said contract may provide that the city will bill the customer for collection charges through its water department and remittance to the city under such contract shall be in lieu of any permit fees provided in this section, and such contract shall likewise be in lieu of the permit required by this section. (e) Duties of collectors.

149 Page 5 of 7 7/30/2015 (1) All trucks used to haul garbage or trash shall have a completely covered bed which will fully contain the contents thereof. (2) The collection, removal and disposal of all garbage, trash and debris shall be carried on in a systematic, efficient manner to keep the entire city in a clean and sanitary condition. (3) Collectors shall make collections of garbage and trash of residential customers with a frequency of not less than twice each week and as of commercial, industrial or institutional customers as required, but in no event less than once a week. (4) Collectors shall dispose of garbage, trash and debris only at landfills or dumps designated by the city. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Disposal (a) Generally. (1) Each person and licensed collector who dumps or disposes of garbage, trash and other refuse at any landfills or dumps within the city limits shall place or dump such garbage, trash and refuse upon said fills or dumps only at sites and locations as designated by the city. In any event, dumping shall be allowed only at attended and controlled locations. (2) Each person or licensed collector who desires to dispose of waste, garbage, trash and refuse at any city landfill or dump shall pay the charges as provided for in the fee schedule found in appendix A of this code for the privilege of using such areas. (3) The landfill operator will weigh all loads, including loads brought into the area with their own equipment, and shall keep records indicating point of origin and weight of all loads; provided, however, the weight of loads brought in cars, pickup trucks or trailers shall be estimated by the operator, for such records. (4) Persons shall be allowed to dispose of refuse at the city landfill at the city resident rate only upon presentation to the landfill attendant of a recent water bill, valid Texas driver s license or other document showing the person s name and address, and provided said address is located within the limits of the city. (5) The landfill operator shall remit to the city a fee as provided for in the fee schedule found in appendix A of this code for garbage collected by the operator in the city, a separate fee as provided for in the fee schedule found in appendix A of this code for waste in specified categories deposited in the landfill by or for city residents, as applicable, and a separate fee as provided for in the fee schedule found in appendix A of this code for waste in such specified categories deposited in the landfill by or for non-city residents who live within Tom Green County, and a separate fee as provided for in the fee schedule found in appendix A of this code for waste in such specified categories deposited in the landfill by or for people living outside Tom Green County. The landfill operator shall remit to the city a separate fee for car tires, for truck tires, for off-road tires and for bulky items deposited in the landfill by or for city residents as provided for in the

150 Page 6 of 7 7/30/2015 fee schedule; and a separate fee for car tires, for truck tires, for-off road tires and for bulky items deposited in the landfill by or for non-city residents as provided for in the fee schedule found in appendix A of this code. (6) In addition to the above specified amounts, the city will charge a state landfill surcharge fee on uncompacted waste as provided for in the fee schedule found in appendix A of this code for all waste, garbage, trash or refuse brought into the landfill. (7) The landfill operator shall remit to the city all state landfill surcharge fees collected. Any billing or documentation will identify the above charge as a state surcharge fee. (b) City operations or services. Said charges shall not apply to waste, garbage, trash, or debris resulting from city operations or services. (c) Governmental entities within county. Any solid waste collected by, or under contract with, a governmental entity outside the city limits but within Tom Green County shall be authorized to dump at the city landfill only under special contract arrangements with the city at the rate provided for in the fee schedule found in appendix A of this code plus the state landfill surcharge fees specified above. (d) Other counties. Any solid waste collected by, or under contract with, the following counties or a governmental entity within the following counties: Sterling, Coke, Runnels, Concho, Menard, Schleicher, Sutton, Irion and Crockett, shall be authorized to dump at the city landfill only with prior approval of the city council at the rate provided for in the fee schedule found in appendix A of this code plus the state landfill surcharge fees specified above. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Commercial, institutional and industrial customers (a) Location of containers. It shall be the duty of the owner or person otherwise in control of the commercial, institutional or industrial premises within the city to cause all garbage and trash accumulated on said premises within the city to be placed at a location on the premises which is readily accessible to the collector and approved by the city sanitation inspector. Commercial-type containers shall be placed at a location on the premises arranged by the customer and collector, said containers to be sufficient in size and number to handle all trash and garbage generated. (b) Frequency of collection. The collection and removal of garbage and trash from houses, buildings and premises used for commercial, institutional or industrial purposes shall be made as often as necessary in order to maintain such premises free of accumulations of garbage and trash. In this regard, garbage collection shall be made not less than one time each week. (c) Collection and disposal. Collection of garbage and trash from commercial, institutional or industrial premises shall be performed by a licensed collector. Charges for collection shall be a matter of contract between the customer and collector, based on the quantity and frequency of collection. (d) Special contracts. Because of the large investment in special equipment required to properly collect the garbage and trash of commercial customers, public convenience and necessity requires the council to, from time to time, enter into an exclusive or nonexclusive contract with an established garbage collection company for the collection of garbage and trash of commercial customers. Said contract may extend for a period of not more than twenty (20) years, subject to termination prior to its

151 Page 7 of 7 7/30/2015 expiration for cause. Said contract may provide that the city will bill the customer for collection charges through its water department and remittance to the city under such contract shall be in lieu of any permit fees provided in this article, and such contract shall likewise be in lieu of the permit required by this article. Fair and reasonable charges for the collection of garbage and trash of commercial customers shall be charged as provided for in the fee schedule found in appendix A of this code. (e) Exceptions. Notwithstanding the foregoing, a commercial, institutional or industrial business may, by obtaining a permit from the sanitation inspector, haul its own garbage, trash and debris, provided it uses its own employees and vehicles for hauling, and those vehicles conform to the requirements of vehicles used by licensed collectors as set forth in this article; provided, however, no business engaged in food handling, such as a restaurant, quick food or take-out food business, may haul its own garbage but must subscribe to a licensed hauler to insure the orderly and regular removal of rapidly deteriorating garbage. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Sanitation inspector The city manager shall appoint a sanitation inspector who shall hold office for the duration of his appointment or unless removed at will by the city manager. It shall be the duty of the sanitation inspector or his designee to regularly inspect the streets and alleys of the city, and to enforce the provisions of this code regulating the collection and removal of garbage and trash. The sanitation inspector or his designee shall have the authority to issue citations to any third persons, firms or corporations who shall violate such laws. In the event the violator is a firm or corporation, such citation shall be issued to the owner, operator or manager of such firm or corporation. Such citation shall command the person so named to appear in the municipal court within ten (10) days to answer the charge stated therein. (1996 Code, sec ; Ordinance adopted 8/26/05) ARTICLE SOLID WASTE* Sec Penalty The penalty provisions of section of this code shall be applicable in all cases of violations of this article. (1996 Code, sec ; Ordinance adopted 8/26/05)

152 Exhibit A Delete Chapter 11 Utilities, Article Solid Waste and replace with the following: CHAPTER 11 UTILITIES ARTICLE SOLID WASTE Division 1. Generally Sec Definitions For the purposes of this Article, the terms listed below shall have the following meanings: Disposal or Disposal Services : The dumping or disposition of Solid Waste into or onto a Disposal Facility so that the waste or any constituent thereof is introduced into the environment. Disposal Facility : A sanitary landfill or other Solid Waste disposal facility permitted by the Commission and/or other applicable regulatory agency with jurisdiction and utilized for the receipt or final disposition of Solid Waste. Non-Residential : The designation for any waste generator beyond a private residence including but not limited to commercial businesses, industrial businesses, contractors, rental property, and multi-family residential property. Recyclables : Material that has been recovered or diverted from the non-hazardous Solid Waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials. Recyclables is not Solid Waste. However, Recyclables may become Solid Waste at such time, if any, as is abandoned or disposed of rather than recycled, whereupon it shall be Solid Waste with respect only to the person actually abandoning or disposing of the material. For the purposes of this Article, Recyclables will not include brush, tires, or white goods or appliances. Solid Waste : Any garbage, rubbish, debris, sludge from a wastewater treatment plant, water supply treatment plant, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, Non-Residential, mining, and agricultural operations and from community and institutional activities. Sec Solid Waste Administrator The City Manager shall appoint a Solid Waste Administrator who shall hold office for the duration of his appointment or unless removed at will by the City Manager. It shall be the duty of the Solid Waste Administrator or his designee to regularly inspect the streets and alleys of the city, and to enforce the provisions of this code regulating the collection and removal of Solid Waste. The Solid Waste Administrator or his designee shall have the authority to issue citations to any third persons, firms or corporations who shall violate such laws. In the event the violator is a firm or corporation, such citation shall be issued to the owner, operator or manager of such firm or corporation. Such citation shall command the person so named to appear in the municipal court within ten (10) days to answer the charge stated therein.

153 Sec Penalty The penalty provisions of Sec of this code shall be applicable in all cases of violations of this article. Each day of such violation shall constitute a separate offense. Secs Reserved Division 2. Collections Sec Duties of the residential customer (a) Generally. (1) Subscribe to a waste service. It shall be the duty of all residential customers within the city limits of the City of San Angelo to subscribe to a commercial Solid Waste collection services that is contracted by the city in accordance with this chapter and appendix A. (2) Use provided containers. Solid Waste and Recyclables containers used must be provided by the city s contracted Provider. (3) Store containers. Customers shall keep all Solid Waste and Recyclables containers inside garages, carports, or other parking structures, or outside in the immediate vicinity of such structure. (4) Secure containers. Every customer shall keep all Solid Waste and Recyclables containers used by it securely closed in such manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (5) Maintain collection site. It shall be the responsibility of the residential customer to ensure the collection site is clean and free of loose Solid Waste and debris. (b) Placement of containers for residential collection. It shall be the duty of each customer of residential premises in the city to place Solid Waste and Recyclables containers at locations designated by the City for pickup as follows: (1) Time of placement. All containers shall be placed at the hereinabove prescribed locations no earlier than the evening prior to, nor later than seven o clock (7:00) a.m. on the day of scheduled collection (2) Retrieval of Containers. All containers must be retrieved from the collection location by noon (12:00) p.m. the day following the collection day. Sec Duties of the Non-Residential customer (a) Generally. (1) Should a Non-Residential entity within the city limits of the City of San Angelo need Solid Waste collection, it shall be the duty of such Non-Residential customer to subscribe to a commercial Solid Waste collection service. Collection of acceptable Solid Waste from Non-Residential premises shall be performed by the City s contracted Provider. Charges for collection shall be a matter of contract between the customer and Provider, based on

154 the quantity and frequency of collection and in accordance with this chapter and appendix A. (2) To store containers. It shall be the duty of the owner or person otherwise in control of the Non-Residential premises within the city to cause all Solid Waste accumulated on said premises within the city to be placed at a location on the premises which is readily accessible to the Provider and approved by the city Solid Waste Administrator. (3) To secure containers. It shall be the responsibility of the Non-Residential customer to ensure Non-Residential containers are secure and contain all Solid Waste for disposal at all times. All contents in and around a Non-Residential container are the responsibility of the Non-Residential customer regardless of origination. (4) To maintain the collection site. It shall be the responsibility of the Non-Residential customer to keep the Non-Residential collection site clean and free of loose Solid Waste. (b) Specifications for Non-Residential Solid Waste containers. (1) Solid Waste containers used must be provided by the City s contracted Provider. (2) Size of containers available from the City s contracted provider and frequency of collections are variable provided that said containers be sufficient in size and number to handle all Solid Waste generated and the collection and removal of Solid Waste shall be made as often as necessary in order to maintain such premises free of accumulations of Solid Waste. In this regard, Solid Waste collection shall be made not-less-than one time each week. (c) Exceptions. (1) Notwithstanding the foregoing, a Non-Residential business may, with authorization from the Solid Waste Administrator, haul its own Solid Waste,, provided it uses its own employees and vehicles for hauling, and those vehicles conform to the requirements of vehicles used by permitted collectors as set forth in this article; provided, however, no business engaged in food handling, such as a restaurant, quick food or take-out food business, may haul its own Solid Waste but must subscribe to a permitted hauler to insure the orderly and regular removal of rapidly deteriorating Solid Waste. (2) Those Non-Residential customers that generate special types of Solid Waste that are not covered by an exclusive contract entered into pursuant to this article shall be allowed to use any other Solid Waste collector duly permitted pursuant to this article. (d) Charges; reports. In addition to the above specified amounts, the city may charge an additional fee as approved by city council for each customer of all permitted Solid Waste haulers. In all cases wherein the city acts as collecting agent for a permitted Solid Waste hauler, the city shall include such additional fee in the monthly bills for Solid Waste collection. In all cases wherein the Provider acts as the collecting agent, the Provider shall include such additional fee in addition to the rates for service in the monthly bills for Solid Waste collection. Sec Authority for Exception The Solid Waste Administrator shall have the authority to review and approve any deviation from the requirements of this Division. Secs Reserved

155 Sec Permits Division 3. Collectors (a) Permit or Special Contract required. No person shall commercially empty Solid Waste or recyclable containers or receptacles, or convey or transport the contents thereof on the streets, alleys or public thoroughfares of the city for hire, without having first obtained a written permit from the Solid Waste Administrator or entered into a Special Contract with the City. (b) Application for permit; insurance. Any person desiring a permit for the collection of Solid Waste shall make application for such permit to the city Solid Waste Administrator who shall conduct such investigations necessary to determine whether or not the public convenience and necessity requires the granting of such permit and whether the applicant is a fit and proper person to conduct such business. Among other things, the application shall consist of the following: 1. The name and address of the applicant; 2. The trade name under which the applicant does or proposes to do business; 3. The number of vehicles the applicant desires to operate; the class, size and design of each vehicle; 4. The nature and character of the service the applicant proposes to render; 5. The experience the applicant has had in rendering such service; and 6. Such other information as may be required by the Solid Waste Administrator. (c) Insurance required. No permit shall be issued to any applicant until such applicant has obtained a policy of public liability insurance and has filed with the city s Risk Management Department a certificate evidencing such policy. Such policy shall adhere to the requirements provided by the Risk Management Department. The termination or cancellation of the policy of insurance required herein shall automatically revoke the permit granted under the provisions of this Article. (d) Issuance of permit; transfer; revocation. Permits shall be issued to qualified applicants after review and authorization by the Solid Waste Administrator. All permits granted shall be nontransferable and may be revoked by the council after ten (10) days notice and a hearing before the council. (e) Appeal of denial or revocation. 1. An appeal from any act of denial or revocation of any permit shall be filed with the City Manager within five (5) business days from the date of denial or revocation. 2. Such appeal shall be taken by filing with the City Manager a written statement setting forth fully the grounds for the appeal. 3. The City Manager shall issue a decision on the denial or revocation in writing within 5 business days of receipt of the appeal. 4. The revocation or denial is not stayed pending the City Manager s decision. 5. The decision and order of the City Manager on such appeal shall be final and conclusive. (f) Term and fees. Initial permits shall be for a period of one year; provided, however, that qualified holders of a permit shall be required to pay an initial permit fee as provided for in the fee schedule found in appendix A of this code for the first year. Thereafter, an annual fee as provided for in the fee schedule found in appendix A of this code shall be charged.

156 Sec Duties of collectors. (a) All trucks used to haul Solid Waste or Recyclables shall have a completely covered bed which will fully contain the contents thereof. (b) The collection, removal and disposal of all Solid Waste or Recyclablesshall be carried on in a systematic, efficient manner to keep the entire city in a clean and sanitary condition. (c) Collectors shall dispose of Solid Waste or Recyclables only at landfills or dumps designated by the city. (d) At the discretion of the Solid Waste Administrator, all permitted Solid Waste haulers shall submit to the Solid Waste department a monthly report of the number of customers served and the fees as provided for in the fee schedule found in appendix A of this code. In the event any permitted Solid Waste hauler fails or refuses to submit such report and remittance of fees, the Solid Waste Adminstrator may immediately revoke the permit granted to such permitted Solid Waste hauler under the provisions of this code. Sec Disposal (a) Generally. 1. Each person and permitted collector who dumps or disposes of Solid Waste or Recyclables at any landfills or dumps within the city limits shall place or dump such Solid Waste or Recyclables only at sites and locations as designated by the city. In any event, dumping shall be allowed only at attended and controlled locations. 2. Each person or permitted collector who desires to dispose of Solid Waste or Recyclables shall provided to the Solid Waste Administrator any requested information related to a permit issued under this Article. A refusal to submit requested information within 10 business days of the request shall result in a revocation of the permit. Sec Special contracts Because of the large investment in special equipment required to properly collect the Solid Waste of residential and Non-Residential customers, public convenience and necessity requires the council to, from time to time, enter into an exclusive or nonexclusive contract with an established Solid Waste or recyclable collection company for the collection of Solid Waste or Recyclables of residential and Non-Residential customers. The contract may provide that the city may bill the customer for collection charges through its billing department. Payment to the city under such contract shall be in lieu of any permit fees provided in this article, and such contract shall likewise be in lieu of the permit required by this article. Fair and reasonable charges for the collection of Solid Waste or Recyclables of customers shall be charged as provided for in the fee schedule found in appendix A of this code. Secs Reserved

157 AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, REPLACING IN ITS ENTIRETY CHAPTER 11 UTILITIES, ARTICLE SOLID WASTE OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AS SET OUT BELOW; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on the 24 th day of July 2014 the City of San Angelo entered into a Special Exclusive Contract for Solid Waste Collection and Disposal services( Contract ); and WHEREAS, the current provisions of Chapter 11 Utilities, Article Solid Waste are no longer sufficient to ensure proper compliance with the requirements of the Contract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: SECTION 1. THAT Chapter 11 Utilities, Article Solid Waste of the Code of Ordinances, City of San Angelo, Texas is hereby repealed in its entirety and replaced as set out in Exhibit A attached hereto and made part of this ordinance for all purposes. SECTION 2. THAT any person, firm or corporation violating 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 of this Code. Each day of such violation shall constitute a separate offense. SECTION 3. THAT the terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. SECTION 4. THAT this Ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by law.

158 INTRODUCED on the 4 th day of August, 2015 and finally PASSED, APPROVED AND ADOPTED on this the 18 th day of August, THE CITY OF SAN ANGELO ATTEST: Dwain Morrison, Mayor Bryan Kendrick, City Clerk APPROVED AS TO FORM Theresa James, City Attorney Page 2 of 2

159 Requestor: Carl White, Parks and Recreation Department, Meeting Date: August 4, 2015 Item type: Regular Agenda Caption: Update on the 2 public boat ramp improvement projects at Lake Nasworthy parks Summary/History: Middle Concho Park this is the main boat ramp at Middle Concho Park, just past the entrance gate (see attached image of planned improvements). This project includes a 4-lane ramp, parking, lighting and a new restroom facility. We were awarded a Texas Parks and Wildlife Department (TPWD) grant for this project late in Council approved applying for and accepting this grant, as well as allocating the matching funds late in We are still waiting for the grant documents and have been promised them in the near future. Staffing shortages, as well as other reasons at the State level, have been cause for delay. We also had to win the US Army Corps of Engineers approval for the work. The total cost of this project is $471,000. The City match of $117,750 is already committed. Spring Creek Park this is the main boat ramp near Spring Creek Marina (see attached image). This project includes a new ramp and some parking. The total cost for this project is $125,000 (funding is $110,000 from the City, Lake Nasworthy Operations Capital Account, and $15,000 from the Convention and Visitors Bureau, CVB). The CVB paid for the design work. Council approved the funding for this project at the July 15, 2014 meeting. We are finalizing the design, specifications and bid packet so we can advertise the project. We anticipate bidding the project out this summer, seeking Council s approval for the project shortly thereafter and constructing the project as soon as possible. Our goal is to have this new ramp ready well before the 2016 drag boat races in June. Financial Impact: There is no new financial impact with this update. Total funding (Lake Nasworthy Operations Capital Account) previously committed for both projects is $227,750. Attachments: relevant excerpts of the minutes of the January 17, 2012, October 16, 2012 and July 15, 2015 and City Council meetings Presentation: Verbal Approvals/Reviews: Rick Weise, Assistant City Manager

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167 Requestor: Russell Pehl, City Engineer, x1201 Meeting Date: August 4, 2015 Item type: Regular Caption: Consideration of awarding proposal WU for the 2015 Water Treatment Plant Improvements Project to Red River Construction Co. of Wylie, Texas in the amount of $2,685,250.00, authorizing staff to negotiate a contract, and authorizing the City Manager or City Manager Designee to execute and award said contract and any related documents. Summary/History: This project includes four interrelated improvement tasks at the City s existing, conventional water treatment facility. The four tasks include: 1) Replace and upgrade underdrain caps and filtration media on gravity filters 2) Replace and upgrade backwash drain valves on gravity filters 3) Replace and upgrade drain valves on plant clarifiers 4) Recoat piping network in the gravity filter pipe gallery On July 14, proposals were received from four contractors and they are, in their respective bid evaluation rankings, as follows: 1) Red River Construction Co. 2) Purcell Contracting, LTD 3) J.C. Roberts Construction Co. 4) Texas Water & Soil Co. The highest ranked proposer based on overall cost to thecity, the respondent s reputation for products and services, and the respondent s past relationship with the City of San Angelo is Red River Construction Co. of Wylie, Texas. There were no exception to the specifications noted in any of the proposals. Financial Impact: $2,685, from the Water Utility CIP funds. Recommendation: Staff recommends award. Attachments: Acknowledgement Ranking Justification Proposal Fee Scoring Presentation: None. Approvals/Reviews: Reviewed by Bill Riley, Director ofwater Utilities Reviewed by Ricky Dickson, Executive Director of Public Works

168 C I T Y O F S A N A N G E L O Aknowledgements RFP NO: WU / 2015 Water Treatment Plant Improvements Proposals Received: City State 1 Red River Construction Co. Wylie TX 2 Purcell Contracting, LTD Meridian TX 3 JC Roberts Construction Co. Midland TX 4 Texas Water & Soil Co. San Angelo TX Bids Mailed To: City State 1 Archer-Western Contr. Irving TX 2 Bar Constructors Lancaster TX 3 Barnard Construction Company, Ltd. Bozeman MT 4 Boyer, Inc. Houston TX 5 BRH-Garver Construction, LP Houston TX 6 Bryan Construction Bryan TX 7 Cajun Constrctors, Inc. Baton Rouge LA 8 Craig, Sheffield and Austin Houston TX 9 Eagle Contracting Keller TX 10 Garney Companies, Inc. Kansas City MO 11 Gracon Construction Mesquite TX 12 Lambda Construction San Antonio TX 13 Laughlin-Thyssen, Inc. Houston TX 14 Oscar Renda Contracting Roanoke TX 15 PCL Construction, Inc. Irving TX 16 Purcell Contracting Meridian TX 17 Red River Construction Wylie TX 18 Western Summit Constructors Fort Worth TX 19 Alsay Incorporated San Antonio TX 20 American Ductile Iron Pipe Dallas TX 21 Barnard Construction Company, Ltd. Bozeman MT 22 Benmark Supply Midland TX 23 Darnell Construction, LLC San Angelo TX 24 Dickson Underground Utility Construction, LLCSan Angelo TX 25 Housley Communication Inc San Angelo TX 26 Roberts Construction San Angelo TX 27 S.W. Sdidel Construction Christoval TX 28 SJ Louis San Antonio TX 29 Utility Contractor of America Wolfforth TX 30 Western Industrial Supply Amarillo TX 31 Wright Construction Co., Inc. Grapevine TX 32 Morrison Supply San Angelo TX

169 City of San Angelo Proposed Fee Scorings RFP NO: WU / 2015 Water Treatment Plant Improvements Red River Construction Purcell Contracting J.C. Roberts Construction Texas Water & Soil 1 Base Bid $ 2,437, $ 2,559, $ 2,982, $ 3,563, Ranking by Price Amount over lowest base bid $ $ 121, $ 544, $ 1,125, Percent over lowest base bid 0.00% 4.98% 22.34% 46.18% 5 Max Points Points Scored

170 City of San Angelo Engineering Services Memo To: From: Julia Antilley, Purchasing Manager Joe Mangrem, Project Engineer Engineering Services Date: July 20, 2015 Re: RFCSP: WU / 2015 Water Treatment Plant Improvements Project After reviewing the responses submitted for RFCSP: WU / 2015 Water Treatment Plant Improvements Project, the four -member committee (consisting of myself, Russell Pehl City Engineer, Bill Riley Water Utilities Director and Allison Strube Project Engineer) scored the submissions as reflected below. 1. Red River Construction, Co., Wylie, Texas 380 points: Red River Construction was the lowest bidder on this project and has a strong reputation for performing municipal treatment plant improvement projects for cities of a similar size as San Angelo. Red River has not completed a previous project with COSA. 2. Purcell Contracting, Ltd., Meridian, Texas 366 points: Purcell Contracting was the 2 nd lowest bidder on this project and has a strong reputation for performing municipal treatment plant improvement projects for cities of a similar size as San Angelo. Purcell has not completed a previous project with COSA. 3. J.C. Roberts Construction Co., Inc., Midland, Texas 317 points: J.C. Roberts was the 3 rd lowest bidder on this project and has a strong reputation for performing municipal treatment plant improvement projects for cities of a similar size as San Angelo. J.C. Roberts has not completed a previous project with COSA. 4. Texas Water & Soil Co., Inc., San Angelo, Texas 251 points: Texas Water & Soil was the 4 th lowest bidder on this project and has a strong reputation for performing municipal treatment plant improvement projects for Cities of a similar size as San Angelo. Texas Water & Soil has not completed a previous project with COSA. As a result of the rankings, the committee recommends that Red River Construction, Co., of Wylie, Texas be approved for negotiating a contract for the construction of the 2015 Water Treatment Plant Improvements Project for the City of San Angelo. If a satisfactory contract cannot be reached negotiations with the next most qualified provider is recommended. y:\engineering\projects\water\wtp\2015 wtp improvements\2bid\evaluations & award\pur_written justification.docx 1

171 Requestor: Tim Vasquez, Police Department, Meeting Date: August 4, 2015 Item type: Regular Agenda Caption: Presentation and discussion of the Police Safety City facilities by the Safety City of San Angelo Committee. Summary/History: The exact date of the original opening of Safety City is undetermined, however a number of officers have indicated they attended the facility as a child, making the current location/facility over 40 years old. Interest in refurbishing the current site or finding the funds to create a new Safety City has gathered support over the past few years. Safety City of San Angelo (SFSA) was formally created in response to this growing support and has now received it 501c3 status. At the current time, SFSA envisions a community facility equipped with a community room and training areas specifically for bicycle safety, fire safety, internet safety, school bus safety, water safety, and a host of other safety programs that will benefit our community. A number of similar facilities can be found throughout the nation. Both Abilene and Frisco boast facilities similar to the concept SFSA is considering. Consideration for naming the facility honor of Sergeant Korby Kennedy has been raised; however this decision has not yet been finalized by any group. Sgt. Kennedy was a member of Safety City of San Angelo and instrumental in both growing the concept of a new safety city facility and teaching kids bicycle safety. Financial Impact: There is no financial impact identified at this time Other Information/Recommendation: [Staff recommendation] Attachments: Photographs of current facility, concept drawings and photos of similar concepts Presentation: PowerPoint Approvals/Reviews: None required

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176 Requestor: Bryan Kendrick, City Clerk, Meeting Date: August 4, 2015 Item type: Regular Caption: Consideration of and action related to: 1) Selection of a uniform election date for Charter amendments 2) Propositions proposed by the Charter Review Committee for placement on an election ballot Summary/History: On September 16, 2014, the City of San Angelo Charter Review Committee was established at the direction of the City Council to review the City s Charter and make recommendations for Charter amendments as seen necessary or desirable by the Committee. Council appointed members to the Committee on October 21st and November 4th, The Committee has held public meetings in its review of the City Charter on a monthly schedule July, In addition, three town hall meetings have been conducted by individual Committee members. Committee members have also appeared on local public forums to inform the public of the Charter amendments under consideration for proposal by the Committee. Additional public comments have been taken by the Committee through a survey posted on the City website that listed the Charter amendments under consideration. The Committee went through an extensive review of the City Charter and the public opinions expressed to the Committee members regarding each proposed amendment, the Committee submitted propositions for amendment of the City Charter and recommended that the City Council direct that each of the recommended propositions be placed on the ballot for the election to be held on November 3rd, On July 21, 2015, the City Council accepted the Charter Review Committee s recommendations, as presented, and directed the City Attorney to prepare ballot language for approved propositions in compliance with State Law. Financial Impact: The cost of Charter Election if held in November 2015 would be estimated at $30,000, not currently budgeted. The cost of holding the Charter Election with the regular May 2016 Election, would require no additional funding. Other Information: DRAFT Order Election Charter Proppositions Resolution Attachments/Presentation: PowerPoint

177 CITY COUNCIL August 4, 2015

178 SECTION 8. TERM OF OFFICE The Mayor and each Council member shall serve a term of two (2) years and until his successor is elected and qualified unless sooner removed from office by death, resignation or recall, except that the term of the City Council members elected in 1977 shall be for one (1) year. At the regular municipal election in 1978, three (3) council members shall be elected for one (1) year terms and three (3) council members shall be elected for two (2) year terms. Thereafter all terms shall be for two (2) years. If a City Council Member ceases to be a resident of the district from which he was elected, he shall be deemed to have automatically resigned from office. PROPOSED SECTION 8: Section 8. Term of Office: The Mayor and each Council Member shall serve a term of four (4) years and until his successor is elected and qualified unless sooner removed from office by death, resignation or recall, to become effective in the general election to be held for Mayor and Single Member Districts 2, 4 and 6 in 2017; and, in the general election to be held for Single Member Districts 1, 3 and 5 in 2019, except that Council Members for Single Member Districts 1, 3 and 5 shall be elected for three year terms in the 2016 general election. If a City Council Member ceases to be a resident of the district from which he was elected, he shall be deemed to have automatically resigned from office. PROPOSED SECTION 8: (Addition of a new subpart) Section 8: Term of Office (New subpart) No person shall serve as Mayor or Council Member for more than eight consecutive years, excluding service for any partial term.

179 SECTION 8. BALLOT LANGUAGE PROPOSITION NO. 1 YES NO Shall Section 8 of the City Charter be amended to provide for four year, staggered terms for Mayor and Council Members? YES NO PROPOSITION NO. 2 Shall Section 8 of the City Charter be amended to provide term limits of eight consecutive years excluding partial terms for Mayor or Council Member?

180 SECTION 9. QUALIFICATIONS A. In addition to the requirements prescribed by law, the following shall be the qualifications for the Members of the City Council: 1. Candidates for the City Council shall have been City residents for the 12 months next preceding the election and Candidates for Single Member District representatives shall have been residents of their respective districts for 6 monthsnextpreceding the election. 2. No Member shall be an employee of the City. 3. All candidates must possess the qualifications of a voter. 4. No person shall be eligible for the City Council who, at the time of taking office, is delinquent in payment of a valid tax levy, assessment paving lien or contractual debt or is indebted to the City in any sum of money on judgment. 5. No Member shall have an interest in the profits or emoluments of any contract, job, work or service for the City. 6. No Member shall have an interest in the sale to the City of any supplies, equipment or material. B. Any Member who shall cease to possess any of the qualifications herein requiredshall forfeit his office. C. Any contract in which a Member is or becomes interested may be declared void by the Council. D. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement indicating that he or she is in compliance with the above stated qualifications and requirements. E. Each person subject to this provision shall file with the City Clerk a signed, sworn, updated revision of this statement, annually, while in office. PROPOSED SECTION 9 A. In addition to the requirements prescribed by law, the following qualifications for candidates seeking election to the offices of Council Member or Mayor, and for holding those offices are as follows: must be 18 years of age or older at the time of the election; must be a resident of the City (Mayor) and resident of Single Member District (Council Member); must not be an employee of the City; and, must not hold any other elected office. B. The Mayor or any Council Member who shall cease to possess any of the qualifications herein required shall forfeit his office. C. Any city contract in which a Mayor or Council Member is or becomes interested may be declared void by duly adopted resolution of the Council. D. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement averring that he or she is in compliance with the above stated qualifications and requirements, which sworn statement shall be updated and filed with the City Clerk annually during the person s term of office. PROPOSED SECTION 9: (Addition of a new subpart) Section 9 Qualifications (New subpart) Any question of city council regarding conflict of interest of the Mayor or of a Council Member shall be referred to the City Attorney for a legal opinion.

181 SECTION 9. BALLOT LANGUAGE YES NO PROPOSITION NO. 3 Shall Section 9 be amended to provide qualifications for candidates seeking election to the offices of Council Member or Mayor include that the candidate must be 18 years of age or older at the time of the election, must be a resident of the City (Mayor) and resident of Single Member District (Council Member), must not be an employee of the City, and must not hold any other elected office; and, that those qualifications continue to apply for holding those offices? YES NO PROPOSITION NO. 4 Shall Section 9 be amended to add a provision that any question of City Council regarding conflict of interest of the Mayor or of a council Member be referred to the City Attorney for a legal opinion?

182 SECTION 10. COMPENSATION AND ATTENDANCE The compensation of the Mayor shall be eighteen hundred ($1,800.00) dollars, and of each Council member shall be fifteen hundred ($1,500.00) dollars per annum, payable in monthly installments, provided that if Chapter Two of this proposed Charter is adopted and becomes a part of this Charter the compensation of the Mayor shall be six hundred ($600.00) dollars per annum and of each Council member shall be five hundred ($500.00) dollars per annum, payable in monthly installments, provided, however, that in either event the Mayor or either Council member shall forfeit ten ($10.00) dollars of his salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away from the city at the time the meeting is held. PROPOSED SECTION 10 Section 10 Compensation and Attendance: The compensation of the Mayor shall be forty-two hundred dollars ($4,200.00), and of each Council member shall be thirty-six hundred dollars ($3,600.00) per annum, payable in equal monthly installments, provided however that the Mayor or Council Member shall forfeit ten ($10.00) dollars of his/her salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away fromthecity at thetimethemeeting is held.

183 SECTION 10. BALLOT LANGUAGE YES NO PROPOSITION NO. 5 Shall Section 10 be amended to provide for an increase in annual compensation for Mayor and Council Members to forty-two hundred dollars ($4,200.00) for Mayor, and thirty-six hundred dollars ($3,600.00) for Council Member, payable in monthly installments of $350 for Mayor and $300 for Council Member?

184 SECTION 14. VACANCIES Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on a Saturday within 90 days following the creation of the vacancy; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur. PROPOSED SECTION 14 Section 14. VACANCIES: Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on the first uniform election date under state law, no sooner than 30 days after ordering the election; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur.

185 SECTION 14. BALLOT LANGUAGE YES NO PROPOSITION NO. 6 Shall Section 14 of the Charter be amended to provide that when a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, and the vacant office is not filled by a unanimous vote of the remaining Mayor and/or City Council members as provided for and an election is required, that the election be held on the first uniform election date under state law, no sooner than 30 days after ordering the election; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur?

186 SECTION 27. COMPENSATION AND DURATION OF OFFICE PROPOSED SECTION 27 The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council. Section 27. Compensation and Duration of Office: The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council. A vote of two-thirds of the City Council (5 of 7 members) shall be required to remove a City Manager from office.

187 SECTION 27. BALLOT LANGUAGE PROPOSITION NO. 7 YES NO Shall Section 27 of the Charter be amended to increase the compensation payable to the Mayor and Council Members?

188 SECTION 47. INITIATIVE AND REFERENDUM Any proposed ordinance may be submitted to the Council for adoption, and any ordinance or resolution passed by the Council may be submitted to the people for repeal. In either event the ordinance or resolution proposed to be adopted or repealed shall be set out in written or printed instrument which shall be filed with the City Clerk, and at the time of filing such written or printed instrument, and attached thereto, there shall be filed a statement signed by not less than five (5) voters of the City stating that they have proposed such ordinance or resolution for adoption or repeal, as the case may be, before any signatures are procured to the petitions hereafter provided for. In the event the ordinance or resolution is one proposed to be adopted, such voters shall be regarded as the initiating committee and in the event it is desired to repeal an ordinance or resolution already existing, such voters shall be regarded as the referring committee. Before any such ordinance or resolution may be submitted to the Council for action, it shall be necessary that a petition signed by not less than 25% of the number voting at the last regular municipal mayoral election shall be presented to the Council referring to such resolution or ordinance and requesting its adoption or repeal, as the case may be, subject to the following rules: A. All such petitions circulated for signatures shall be uniform in character; B. The signatures need not be on the same page but to each page shall be attached an affidavit by the circulator of that page, stating: (1) the number of signatures on the page, and (2) that the signatures are genuine, and (3) that the signatures were made in the presence of the affiant; C. In order for a petition signature to be valid, a petition must comply with state law; D. The petition shall be submitted to the City Clerk for verification of signatures within sixty (60) days from the date of filing the statement of the initiating or referring committee; E. Within thirty (30) days thereafter, the City Clerk shall certify to the validity and sufficiency of the signatures; a discrepancy between signature and address on the petition and the name or address on the voter registration list shall not be grounds for invalidation of a signature if the voter registration number is the same; F. In the event the City Clerk shall determine there to be a sufficient number of valid signatures, the petition shall be certified and delivered to the Council; G. If the City Clerk should find that an insufficient number of valid signatures have been submitted, the Secretary [Clerk] shall immediately notify the committee by certified mail specifying the deficiency; within ten (10) days following receipt of said notice, the committee may file an amended petition. Within ten (10) days after receipt of the amended petition, the City Clerk shall certify to the Council that the petitions are sufficient or insufficient and, if they are sufficient, shall deliver the same to the Council; H. Once the Council shall receive a petition duly certified to be valid, the Council shall cause a copy of the proposition presented to be printed in a newspaper of general circulation in the City at least once prior to consideration of the proposition in public hearing and the City Clerk shall mail to each of the members of such initiating committee or referring committee a notice of the time of the regular meeting of the Council when such ordinance or resolution and its adoption or repeal shall be considered or a time then set by such Council for its consideration, which hearing and consideration shall be open to the public, and the public shall be permitted to present arguments for or against such proposed ordinance or resolution. After such presentation of the petition and public hearing, the Council shall, within thirty (30) days from the date of the submission of such petition, take final action upon the same by either adopting or rejecting the ordinance or resolution thus sought to be referred, and in either event, the action of the Council shall be noted in the minutes. If the Council refuses to pass or repeal the proposed ordinance or resolution or passes the same in a form amended from that presented in the petition, or repeals only a part of such ordinance or resolution, instead of repealing the same in the manner set out in such petition or reference, then in either event, such initiating committee or such referring committee, or a majority thereof, may require that such ordinance or resolution, either in its original or amended form, be submitted to a vote of the voters.

189 SECTION 47. (CONTINUED) INITIATIVE AND REFERENDUM When an ordinance or resolution proposed by petition is to be submitted to the voters for adoption or repeal, after the Council has acted upon same, as provided for in the preceding paragraph, then such initiating or referring committee, as the case may be, upon a majority vote of such committee, shall certify their desire to have the same submitted for adoption or repeal, within twenty (20) days after the Council shall have taken action on the same, and shall file such certificate and statement with the City Clerk. After receipt of such certificate and the certified copy of the proposed ordinance or resolution, the City Clerk shall present such certificate and certified copy of the proposed ordinance or resolution to the Council at its next regular meeting. If any election is to be held, Council shall order a special election in accordance with state law to submit such to the voters. The form of the ballot for use in an election held for the adoption of any initiated ordinance shall state the title of the ordinance and contain a succinct statement of its nature and purpose and below such statement, in separate lines, there shall be printed the words: FOR THE ORDINANCE - AGAINST THE ORDINANCE. If a majority of the voters in such election shall vote in favor thereof, it shall thereupon become an ordinance of the City when the result of such election shall have been declared. The form of ballot for use in an election held for the repeal of any referred ordinance or resolution shall state the title of the ordinance or resolution and contain a succinct statement of the nature and purpose of the ordinance or resolution sought to be repealed, and below such statement, in separate lines, there shall be printed the words: FOR THE REPEAL OF THE ORDINANCE (OR RESOLUTION) - AGAINST THE REPEAL OF THE ORDINANCE (OR RESOLUTION). If a majority of the voters in such election shall vote in favor of the repeal of such ordinance or resolution, then the same shall be considered repealed, when the result of such election shall be declared. Provided, however, that nothing contained in this section shall affect the manner of calling elections to determine whether or not franchises shall be granted. The foregoing Section providing the remedy of Initiative and Referendum shall not apply in such a way as to bring about the repeal of any Ordinance or Resolution on the authority of which any sale, contract or conveyance shall have been made by said City. PROPOSED SECTION 47 (three propositions) Amend paragraph C. to read as follows: C. Each signer shall state a place of residence within the City. Amend paragraph G to read as follows: G. If the City Clerk should find that an insufficient number of valid signatures have been submitted, the City Clerk shall immediately notify the committee specifying the deficiency; within ten (10) days following receipt of said notice, the committee may file an amended petition. Within ten (10) days after receipt of the amended petition, the City Clerk shall certify to the Council that the petitions are sufficient or insufficient and, if they are sufficient, shall deliver the same to the Council; Add a new paragraph I. to read as follows: I. No ordinance adopted by initiative or repealed by referendum shall be substantially changed or readopted for six months, except by a supermajority vote.

190 SECTION 47. BALLOT LANGUAGE YES NO YES NO YES NO PROPOSITION NO. 8 Shall Subpart C of Section 47 of the Charter be amended to delete the requirement that each signer on a petition for initiative or referendum state a voter registration number? PROPOSITION NO. 9 Shall Subpart G of Section 47 of the Charter be amended to delete the requirement that should the City Clerk find that an insufficient number of valid signatures have been submitted on an initiative or referendum petition, the City Clerk shall immediately notify the committee by certified mail, so that other more timely means of notification might be utilized?. PROPOSITION NO. 10 Shall Section 47 of the City Charter be amended by adding a new Subpart I to read as follows: I. No resolution adopted by initiative or repealed by referendum shall be substantially changed or readopted for six months, except by a supermajority vote of 5 of seven members of the City Council?

191 SECTION 48. RECALL Each signer of a recall petition shall state a place of residence within the City and voter registration number. PROPOSED AMENDMENT TO SECTION 48 Each signer of a recall petition shall state a place of residence within the City.

192 SECTION 48. BALLOT LANGUAGE PROPOSITION NO. 11 YES NO Shall Section 48 of the Charter be amended to delete the requirement that each signer on a petition for recall state a voter registration number?

193 SECTION 60. CHIEF OF POLICE There is hereby created the elective office of Chief of Police for the City of San Angelo. PROPOSED SECTION 60 The City Manager shall appoint a Chief of Police, subject to the approval of City Council, who shall be the administrative head of the City of San Angelo Police Department and shall be responsible to the City Council for administration of the Police Department.

194 SECTION 60. BALLOT LANGUAGE PROPOSITION NO. 12 YES NO Shall Section 60 of the Charter be amended by deleting the elective office of Chief of Police and providing for appointment of a Chief of Police subject to approval of City Council and deleting the two year durational City residency qualification?

195 SECTION 61. QUALIFICATIONS The Chief of Police shall have been a resident of the City of San Angelo for a period of at least two years immediately prior to his election and shall possess the qualifications of electors in said city. PROPOSED SECTION 60 The Chief of Police shall possess the qualifications of electors under Article 6 of the Texas State Constitution.

196 SECTION 61. BALLOT LANGUAGE PROPOSITION NO. 13 YES NO Shall Section 61 of the Charter be amended by deleting the two year durational City residency qualification for Chief of Police and providing that the Chief of Police possess the qualifications of electors under Article 6 of the Texas State Constitution?

197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN SAID CITY ON THE 3RD DAY OF NOVEMBER, 2015, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF SAN ANGELO, TEXAS, THE ADOPTION OR REJECTION OF CERTAIN PROPOSITIONS EACH PROVIDING FOR AMENDMENT TO THE HOME RULE CHARTER OF THE CITY OF SAN ANGELO; MAKING PROVISION FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS RESOLUTION; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Angelo, Texas, having appointed a Charter Review Committee to make recommendations to the City Council for Charter amendments, and having considered each recommendation made by the Committee, pursuant to the provisions of Texas Local Government Code Section 9.004, has determined that it is in the best interest of the citizens of the City of San Angelo to submit to the qualified voters of the City for their adoption or rejection certain propositions for amendment to the City of San Angelo Home Rule Charter; and WHEREAS, the meeting at which this resolution was considered was open to the public as required by law, and public notice of the time, place and purpose of said meeting was given as required by Title 5, Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That a special election is hereby ordered for the 3 rd day of November, 2015, being the next uniform election date which is not less than sixty-two (62) days from the date of this resolution, for the purpose of submitting to the qualified voters of the City for their approval or disapproval certain propositions for amendments to the Home Rule Charter of the City of San Angelo, Tom Green County, Texas, as set forth on Exhibit A attached hereto and made a part of this Resolution for all purposes as though set out herein word for word with the current 1

198 Charter section or subpart of Charter section set forth in its entirety and followed by the same Charter section or subpart of section as amended by the proposition. Section 3. That voting at and on said election shall be by use of official ballots which shall conform to the Texas Election Code, as amended, so as to permit the electors to vote YES or NO on each proposition, with the official ballots to contain such other provisions, markings and language as required by law, and with the Proposition and the instructions for use thereof to be expressed substantially as follows: CHARTER AMENDMENT ELECTION CITY OF SAN ANGELO COUNTY OF TOM GREEN, TEXAS November 3, 2015 OFFICIAL BALLOT Place a mark in the space provided beside the statement indicating the way you desire to vote: PROPOSITION NO. 1 YES NO Shall Section 8 of the City Charter be amended to provide for four year, staggered terms for Mayor and Council Members? 2

199 PROPOSITION NO. 2 YES NO Shall Section 8 of the City Charter be amended to provide term limits of eight consecutive years excluding partial terms for Mayor or Council Member? PROPOSITION NO. 3 YES NO Shall Section 9 be amended to provide qualifications for candidates seeking election to the offices of Council Member or Mayor include that the candidate must be 18 years of age or older at the time of the election, must be a resident of the City (Mayor) and resident of Single Member District (Council Member), must not be an employee of the City, and must not hold any other elected office; and, that those qualifications continue to apply for holding those offices? PROPOSITION NO. 4 YES NO Shall Section 9 be amended to add a provision that any question of City Council regarding conflict of interest of the Mayor or of a council Member be referred to the City Attorney for a legal opinion? PROPOSITION NO. 5 YES NO Shall Section 10 be amended to provide for an increase in annual compensation for Mayor and Council Members to forty-two hundred dollars ($4,200.00) for Mayor, and thirty-six hundred dollars ($3,600.00) for Council Member, payable in monthly installments of $350 for Mayor and $300 for Council Member? 3

200 PROPOSITION NO. 6 YES NO Shall Section 14 of the Charter be amended to provide that when a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, and the vacant office is not filled by a unanimous vote of the remaining Mayor and/or City Council members as provided for and an election is required, that the election be held on the first uniform election date under state law, no sooner than 30 days after ordering the election; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur? YES PROPOSITION NO. 7 Shall Section 27 of the Charter be amended to increase the compensation payable to the Mayor and Council Members? NO PROPOSITION NO. 8. Shall Subpart C of Section 47 of the Charter be amended to delete the requirement that each signer on a petition for initiative or referendum state a voter registration number? PROPOSITION NO. 9 YES NO Shall Subpart G of Section 47 of the Charter be amended to delete the requirement that should the City Clerk find that an insufficient number of valid signatures have been submitted on an initiative or referendum petition, the City Clerk shall immediately notify the committee by certified mail, so that other more timely means of notification might be utilized?. 4

201 PROPOSITION NO. 10 YES NO Shall Section 47 of the City Charter be amended by adding a new Subpart I to read as follows: I. No resolution adopted by initiative or repealed by referendum shall be substantially changed or readopted for six months, except by a supermajority vote of 5 of seven members of the City Council? PROPOSITION NO. 11 YES NO Shall Section 48 of the Charter be amended to delete the requirement that each signer on a petition for recall state a voter registration number? PROPOSITION NO. 12 YES NO Shall Section 60 of the Charter be amended by deleting the elective office of Chief of Police and providing for appointment of a Chief of Police subject to approval of City Council and deleting the two year durational City residency qualification? PROPOSITION NO. 13 Shall Section 61 of the Charter be amended by deleting the two year durational City residency qualification for Chief of Police and providing that the Chief of Police possess the qualifications of electors under Article 6 of the Texas State Constitution? Section 4. That Early Voting by personal appearance shall be conducted each weekday, day,, 2015, through day, 2015, from A.M. to P.M., each weekend, Saturday,, 2015from A.M. 5

202 to P.M., and Sunday,, 2015 from P.M. to P.M., and each weekday, day,, 2015 to day, 2, 2015 from A.M. to P.M., at the Tom Green County Election Office, located on the second floor of the Judge Edd B. Keyes Annex Building, 113 Beauregard Avenue, San Angelo, Texas. Application for ballot by mail shall be mailed to: City Clerk, City of San Angelo c/o Vona Hudson, Tom Green County Elections Administrator Judge Edd B. Keyes Annex Building 113 West Beauregard Ave. San Angelo, Texas Applications for ballot by mail must be received no later than the close of business on Tuesday, October 30, Section 5. Said election shall be conducted and the results canvassed and announced as prescribed by the General Election Laws of the State of Texas, as amended, and only duly qualified electors shall be qualified to vote. Section 6. That the City Clerk is directed and required to publish a notice of said election in a newspaper of general circulation published in San Angelo, Texas, on the same day in each of two successive weeks, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election, and said notice shall include a substantial copy of the proposed amendments. Section 7. The terms and provisions of this Resolution shall be deemed to be severable in that if any portion of this Resolution shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Resolution. Section 8. This Resolution shall be effective from and after the date of adoption. 6

203 PASSED, APPROVED and ADOPTED on the day of August, THE CITY OF SAN ANGELO ATTEST: Dwain Morrison, Mayor Bryan Kendrick, City Clerk Approved as to Content: Bryan Kendrick, City Clerk Approved as to Form: Theresa James, City Attorney 7

204 EXHIBIT A PROPOSITIONS CITY OF SAN ANGELO GENERA ELECTION NOVEMBER 3, Section 8 TERM OF OFFICE CURRENT SECTION 8: Section 8. Term of Office: The Mayor and each Council member shall serve a term of two (2) years and until his successor is elected and qualified unless sooner removed from office by death, resignation or recall, except that the term of the City Council members elected in 1977 shall be for one (1) year. At the regular municipal election in 1978, three (3) council members shall be elected for one (1) year terms and three (3) council members shall be elected for two (2) year terms. Thereafter all terms shall be for two (2) years. If a City Council Member ceases to be a resident of the district from which he was elected, he shall be deemed to have automatically resigned from office. PROPOSED SECTION 8: Section 8. Term of Office: The Mayor and each Council Member shall serve a term of four (4) years and until his successor is elected and qualified unless sooner removed from office by death, resignation or recall, to become effective in the general election to be held for Mayor and Single Member Districts 2, 4 and 6 in 2017; and, in the general election to be held for Single Member Districts 1, 3 and 5 in 2019, except that Council Members for Single Member Districts 1, 3 and 5 shall be elected for three year terms in the 2016 general election. If a City Council Member ceases to be a resident of the district from which he was elected, he shall be deemed to have automatically resigned from office. 2, CURRENT SECTION 8: (No term limits are currently provided for.) 8 PROPOSED SECTION 8: (Addition of a new subpart)

205 No person shall serve as Mayor or Council Member for more than eight consecutive years, excluding service for any partial term. 3. CURRENT SECTION 9 SECTION 9. QUALIFICATIONS: A. In addition to the requirements prescribed by law, the following shall be the qualifications for the Members of the City Council: 1. Candidates for the City Council shall have been City residents for the 12 months next preceding the election and Candidates for Single Member District representatives shall have been residents of their respective districts for 6 months next preceding the election. 2. No Member shall be an employee of the City. 3. All candidates must possess the qualifications of a voter. 4. No person shall be eligible for the City Council who, at the time of taking office, is delinquent in payment of a valid tax levy, assessment paving lien or contractual debt or is indebted to the City in any sum of money on judgment. 5. No Member shall have an interest in the profits or emoluments of any contract, job, work or service for the City. 6. No Member shall have an interest in the sale to the City of any supplies, equipment or material. B. Any Member who shall cease to possess any of the qualifications herein required shall forfeit his office. C. Any contract in which a Member is or becomes interested may be declared void by the Council. D. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement indicating that he or she is in compliance with the above stated qualifications and requirements. E. Each person subject to this provision shall file with the City Clerk a signed, sworn, updated revision of this statement, annually, while in office. 9

206 PROPOSED SECTION 9 A. In addition to the requirements prescribed by law, the following qualifications for candidates seeking election to the offices of Council Member or Mayor, and for holding those offices are as follows: must be 18 years of age or older at the time of the election; must be a resident of the City (Mayor) and resident of Single Member District (Council Member); must not be an employee of the City; and, must not hold any other elected office. B. The Mayor or any Council Member who shall cease to possess any of the qualifications herein required shall forfeit his office. C. Any city contract in which a Mayor or Council Member is or becomes interested may be declared void by duly adopted resolution of the Council. D. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement averring that he or she is in compliance with the above stated qualifications and requirements, which sworn statement shall be updated and filed with the City Clerk annually during the person s term of office. 4. CURRENT SECTION 9 SECTION 9. QUALIFICATIONS: (There is no practice provided for Council to address conflicts of interest.) PROPOSED SECTION 9: (Addition of a new subpart) Any question of City Council regarding conflict of interest of the Mayor or of a Council Member shall be referred to the City Attorney for a legal opinion. 5. CURRENT SECTION 10 SECTION 10. COMPENSATION AND ATTENDANCE: 10

207 The compensation of the Mayor shall be eighteen hundred ($1,800.00) dollars, and of each Council member shall be fifteen hundred ($1,500.00) dollars per annum, payable in monthly installments, provided that if Chapter Two of this proposed Charter is adopted and becomes a part of this Charter the compensation of the Mayor shall be six hundred ($600.00) dollars per annum and of each Council member shall be five hundred ($500.00) dollars per annum, payable in monthly installments, provided, however, that in either event the Mayor or either Council member shall forfeit ten ($10.00) dollars of his salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away from the city at the time the meeting is held. PROPOSED SECTION 10 Section 10 Compensation and Attendance: The compensation of the Mayor shall be forty-two hundred dollars ($4,200.00), and of each Council member shall be thirty-six hundred dollars ($3,600.00) per annum, payable in equal monthly installments, provided however that the Mayor or Council Member shall forfeit ten ($10.00) dollars of his/her salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away from the city at the time the meeting is held. 6. CURRENT SECTION 14 SECTION 14. VACANCIES: Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on a Saturday within 90 days following the creation of the vacancy; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur. PROPOSED SECTION 14 Section 14. VACANCIES: Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the 11

208 unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on the first uniform election date under state law, no sooner than 30 days after ordering the election; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur. CURRENT SECTION 27: SECTION 27. COMPENSATION AND DURATION OF OFFICE: The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council. PROPOSED SECTION 27 Section 27. Compensation and Duration of Office: The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council. A vote of twothirds of the City Council (5 of 7 members) shall be required to remove a City Manager from office. CURRENT SECTION 47, Subparts C and G: SECTION 47. INITIATIVE AND REFERENDUM: C. In order for a petition signature to be valid, a petition must comply with state law; G. If the City Clerk should find that an insufficient number of valid signatures have been submitted, the Secretary [Clerk] shall immediately notify the committee by certified mail specifying the deficiency; within ten (10) days following receipt of said notice, the committee may file an amended petition. Within ten (10) days after receipt of the amended petition, the City Clerk shall certify to the Council that the petitions are sufficient or insufficient and, if they are sufficient, shall deliver the same to the Council; PROPOSED SECTION 47, Subparts C, G and new I (three propositions) Amend paragraph C. to read as follows: C. Each signer shall state a place of residence within the City. 12

209 Amend paragraph G to read as follows: G. If the City Clerk should find that an insufficient number of valid signatures have been submitted, the City Clerk shall immediately notify the committee specifying the deficiency; within ten (10) days following receipt of said notice, the committee may file an amended petition. Within ten (10) days after receipt of the amended petition, the City Clerk shall certify to the Council that the petitions are sufficient or insufficient and, if they are sufficient, shall deliver the same to the Council; Add a new paragraph I. to read as follows: I. No resolution adopted by initiative or repealed by referendum shall be substantially changed or readopted for six months, except by a supermajority vote. CURRENT SECTION 48: SECTION 48. RECALL (subparagraph requiring voter registration number on petition for recall) Each signer of a recall petition shall state a place of residence within the City and voter registration number. PROPOSED SECTION 48 (Subparagraph requiring statement of place of residence on recall petition.) Each signer of a recall petition shall state a place of residence within the City. CURRENT SECTION 60: SECTION 60. CHIEF OF POLICE: There is hereby created the elective office of Chief of Police for the City of San Angelo. PROPOSED SECTION 60 The City Manager shall appoint a Chief of Police subject to the approval of City Council who shall be the administrative head of the City of San Angelo Police Department and shall be responsible to the City Council for administration of the Police Department. 13 CURRENT SECTION 61:

210 SECTION 61 QUALIFICATIONS: The Chief of Police shall have been a resident of the City of San Angelo for a period of at least two years immediately prior to his election and shall possess the qualifications of electors in said city. PROPOSED SECTION 61 The Chief of Police shall possess the qualifications of electors under Article 6 of the Texas State Constitution. 14

211 Requestor: Bill Riley, Water Utilities, Meeting Date: August 4, 2015 Item type: Regular Caption: Discussion and direction regarding Appendix A of the Fee Schedule Sec. A8.007 Water billing charges related to late charges on delinquent utility bills Summary/History: The City currently charges a late fee of $25 to any utility account deemed to be delinquent as per Section of the City s Code of Ordinances. CHAPTER 11 - UTILITIES Sec Billing (a) Generally. Water utilities customers will be billed once each month for water furnished, and within twenty-eight (28) days after the billing date shall remit the amount thereof to the water utilities department of the city. (1) Delinquent accounts; other charges. (A) Any water utilities bill not paid within twenty-eight (28) days after the billing date shall be deemed delinquent and a late charge as provided for in the fee schedule found in appendix A of this code shall be added to the account for the expense of handling the delinquent account. (B) The city manager or his designated agent shall be authorized to discontinue water service to any customer whose account is not paid in full within twenty-eight (28) days of the billing date of the account. Any customer whose water service has been discontinued due to a delinquency shall be required to pay the accrued bill and the late charge, plus a reconnect charge as provided for in the fee schedule found in appendix A of this code, before water service will be reactivated for the account. APPENDIX A FEE SCHEDULE Sec. A8.007 (a) Water billing charges Delinquent accounts; other charges. (1) Any water utilities bill not paid within twenty-eight (28) days after the billing date shall be deemed delinquent and a late charge of twenty-five dollars ($25.00) shall be added to the account for the expense of handling the delinquent account. (2) Any customer whose water service has been discontinued due to a delinquency shall be required to pay the accrued bill, the twenty-five dollars ($25.00) late charge, plus a reconnect charge of thirty dollars ($30.00), before water service will be reactivated for the account. (3) A charge will be added to a customer s account for each returned check as provided in section of the Code of Ordinances and section A hereof

212 Requestor: Bill Riley, Water Utilities, Meeting Date: August 4, 2015 Item type: Regular Caption: Discussion of the City s Process for making application for a new water service connection. Summary/History: Current policy requires a new customer to appear in person to apply for a new water connection. They are also required to provide proper identification including a social security card and driver's license. There are several reasons for this requirement including reducing the potential threat of identity theft as well as increasing our chances of collecting an outstanding debt in the unfortunate event of non-payment.

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