NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, February 17, 2015 McNease Convention Center, South Meeting Room 501 Rio Concho Drive San Angelo, TX 76903
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES. ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK, ROOM 208, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 7:00 P.M. every day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate” Thank You!
I. OPEN SESSION (9:00 A.M.) A. Call to Order B. Prayer and Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” C. Proclamations “March to Save Water” to be received by the San Angelo Water Warriors, 3rd Graders from Fort Concho Elementary “Spay Neuter Month” to be received by Concho Valley PAWS Executive Director Jenie Wilson, and Board President Leighann Webb D. Recognitions “Lakeview High School Girls Basketball Team” for their accomplishments this season E. Public Comment The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent Agenda may be identified and requested for consideration by the Council at this time. The Council may request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular Agenda for public comment. On public hearing items, public input will be received on each item immediately following the Council discussion and prior to any action on the item. Each member of the public should make their remarks from the podium and begin by stating their name. Remarks by each citizen will be limited to three to five minutes, unless waived by a council member for all speaking on that matter. No individual will be allowed to speak more than once on any one subject until every citizen wishing to comment has done so.
II. CONSENT AGENDA 1. Consideration of approving the February 3, 2015 City Council Regular meeting minutes
City Council Agenda Page 1 of 5 February 17, 2015 2. Consideration of approving a lease agreement between the City of San Angelo and the Trustees of the First United Methodist Church San Angelo for the building and grounds at 312 West Ave. A, for Boy Scout Programs and authorizing the City Manager to execute said agreement (C.White) 3. Consideration of approving the purchase of Mobile Data Terminals using purchasing contracts DIR-TSO-2520 and TCPN-Technology Solutions R5106 in the amount of $108,571.70 and authorizing the City Manager or his designee to execute any necessary related documents (S.Farris/V.Hancock) 4. Consideration of adopting a Resolution authorizing the San Angelo Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant Program (JAG) – (T.Vasquez)
5. Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: – (C.Preas) a. Lot 11, Block 48, Fairview Addition; Suit No. D-12-0187-TAX; $1,300 (Gonzales) 6. Consideration of adoption of the following Resolutions: - (B.Kendrick) a. A Resolution calling and ordering the General Election for May 9, 2015 A Resolution of the City Council of the City of San Angelo, Texas, ordering that a General Election be held in said City on the 9th day of May, 2015, for the purpose of electing a Mayor at large and three Council Members for Single Member Districts Two, Four and Six respectively, for two year terms; designating locations of polling places; providing for dates, times and place for early voting by personal appearance; authorizing a Joint Election with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District and Wall Independent School District; making tentative provisions for a Runoff Election; making provisions for the conduct of the Election, Early Voting and other provisions incident and related to the purpose of this Resolution; ordering publication; providing for severability; and providing for an effective date Una Resolución del Consejo de la Ciudad de San Angelo, Texas, ordenando una Elección General para la elección de oficiales municipales que se celebrará el 9 de Mayo de 2015; con el fin de elegir a un Alcalde en general y tres Miembros del Consejo de la Ciudada Para Distrito de Miembro Únicos Dos, Cuatro y Seis, respectivamente, para términos de dos años; la designación de ubicaciones de centros electorales; proporcionar las fechas, horarios y lugar para la votación temprana en persona; autorizando una Elección Conjunta con los Distritos Escolares Independientes de Grape Creek, San Angelo, Veribest y Wall; adoptar disposiciones provisionales para una Elección de Desempate; adoptar disposiciones para la realización de las Elecciones, la Votación Temprana y otros incidentes relacionado con el propósito de la presente Resolución; ordenar publicación; proporcionar para divisibilidad; y proporcionar una fecha de vigencia b. A Resolution authorizing the City Manager to execute an Interlocal Agreement for Joint Election providing for holding of a joint election to be administered by Tom Green County Election Administration A Resolution authorizing the City Manager to execute an Interlocal Agreement for Joint Election providing for holding of a joint election with grape creek independent school district, San Angelo Independent School District, Veribest Independent School District and Wall Independent School District on May 9, 2015, said Election to be administered by Tom Green County Election Administration pursuant to Master Interlocal Agreement between Tom Green County Election Administration, City, Veribest Independent School District, and Wall Independent School District 7. Second public hearing and adoption of amending the Animal Control Ordinances of the City of San Angelo by amending Chapter 3, entitled “Animal Control”, of the San Angelo Code of Ordinances to add new defined terms under Article 3.01; to address impoundment and release of free-roaming community cats under Article 3.05; to add a new article 3.10, entitled “Free-roaming Community Cats” allowing and City Council Agenda Page 2 of 5 February 17, 2015 regulating free-roaming community cats and establishing requirements for free-roaming community cat caregivers (R.Salas) 8. Second public hearing and adoption of an Ordinance amending the 2014-2015 budget for new projects, incomplete projects, capital projects, and grants (M.Chegwidden) III. REGULAR AGENDA: F. EXECUTIVE/CLOSED SESSION Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: • Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding (a) potential sites for a Police Department Administration Building, and (b) real property located in the Lasker Addition, City of San Angelo G. PUBLIC HEARING AND COMMENT 9. Consideration of the following Water Conservation Proposals: a. Presentation by the San Angelo Water Warriors at 3rd Grade Fort Concho Elementary b. Presentation by Water Utilities Director Bill Riley 10. Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas, in support of the application of Dischinger Development, LLC to be made to the Housing Tax Credit Program through the Texas Department of Housing and Community Affairs for an award and allocation of 2015 Low Income Housing Tax Credit Program funds for the construction of eighty (80) affordable housing apartment units for low to moderate income citizens, known as Outlook at Valleyview, to be located at 2900 Valleyview Blvd (Presentation by Neighborhood Services Director Robert Salas) 11. Presentation of the Quarterly Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB)
(Presentation by CVB Vice President Pamela Miller and Vice President for Economic Development Michael Looney) 12. Consider adoption of an Ordinance authorizing the issuance and sale of City of San Angelo, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2015; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject (Presentation by Finance Director Tina Bunnell) 13. Consider adoption of a Resolution providing for the substitution of the paying agent/registrar for certain of the City's outstanding debt issues; appointing a paying agent/registrar and authorizing execution of paying agent/registrar agreements; and enacting other provisions relating to the subject (Presentation by Finance Director Tina Bunnell) 14. Second Public Hearing and consideration of an Ordinance annexing (to San Angelo’s City limits) of certain properties situated immediately north/northeast of San Angelo, generally located on the northwest corner of Old Ballinger Highway and U.S. Highway 277, and specifically described as 175.000 acres of a 501.327 acre tract out of the J. Pollan Survey 3 (Abstract No. 5130), J. Pointevent Survey 1113 (Abstract 4873) and J.A. Eggleston Survey 2 (Abstract No. 4984), and the Olsen Subdivision recorded in Volume H, Page 539, District Court Minutes, Tom Green County, Texas, and described in Exhibit “A,” attached (Presentation by Planning Manager Rebeca Guerra) 15. Presentation and discussion concerning buoys at Lake Nasworthy
City Council Agenda Page 3 of 5 February 17, 2015 (Presentation by Lake Nasworthy’s Homeowners Association) 16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z14-37: Jeff Caloway 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: 428 Montague Avenue, located approximately 240 feet southeast of the intersection of Montague Avenue and the Houston Harte Expressway Frontage Road; and an unaddressed tract, located at the southeast corner of Montague Avenue and the Houston Harte Expressway Frontage Road; more specifically occupying 2.790 Acres of the G Schubitz Survey, Abst: A-1854 S-0326; and 1.861 Acres of the G Schubitz Survey, Abst: A-1854 S-0326 in PaulAnn Neighborhood, a request for approval a zone change from Office-Warehouse (OW) to General Commercial (CG); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager Rebeca Guerra) 17. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z14-39: Gilbert Arocha 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: 217 and 217.5 West Avenue C, located approximately 230 feet southwest of the intersection of West Avenue C and Hill Street; more specifically occupying the Fort Concho Addition, Block 20 1/2, the east 60 feet of Lot 7, and Block 20, the east 60 feet of Lot 7, in central San Angelo, a request for approval of a zone change from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY (Presentation by Planning Manager Rebeca Guerra)
18. First Public Hearing and consideration of introducing an Ordinance amending Chapter 10, entitled “Traffic Control”, Article 10.03, entitled “Operation Of Motor Vehicles”, of the Code Of Ordinances, City of San Angelo, Texas, altering the maximum speed limit on Sherwood Way beginning at the intersection of Clark Street and extending west to three hundred (300) feet west of the intersection of Southland Boulevard, with such street being located in the City of San Angelo, Texas; providing for severability; providing for a penalty and providing for an effective date (Presentation by Operations Assistant Director Patrick Frerich) 19. Consideration of approving the negotiated contract with Mid-Tex of Midland, Inc to construct the concession building (PK-03-14) and related site work in "The Bosque" in the amount of $371,264 and authorizing the City Manager or his designee to execute said contract (Presentation by Construction Manager David Knapp) 20. Consideration of selecting Harris Miniature Golf Courses, Inc. to provide Design /Construction services for the Putt-Putt Golf Course (PK-01-14) project at "The Bosque", and authorizing the City Manager or his designee to negotiate said contract (Presentation by Construction Manager David Knapp) 21. Discussion and possible direction to staff regarding used tire nuisance, abatement, and disposal and related issues
City Council Agenda Page 4 of 5 February 17, 2015 (Requested by Councilmember Silvas) 22. Presentation, discussion, and possible action regarding the recommendations of the Downtown Master Developer, Catalyst Urban Development, as they relate to: a. Downtown redevelopment strategies with specific examples for each concept; and b. Public/private partnerships and other tools available to incentivize projects within the Downtown Development District in a manner consistent with the adopted Downtown Master Development Strategies document; (Presentation by Paris Rutherford, Principal, Catalyst Urban Development)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
23. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed 24. Consideration of approving various Board nominations by Council and designated Councilmembers: a. Development Corporation: Tony Villarreal (SMD1) to a 3rd full term February 2017, Tommy Hiebert (SMD2) to a 1st full term February 2017, Juan Flores (SMD3) to a 1st full term February 2017, John E. Bariou, Jr. (SMD4) to a 3rd full term February 2017, Scott Tankersley (SMD6) to a 3rd full term February 2017, and Daniel Anderson (Mayor) to a 2nd full term February 2017 b. Parks and Recreation Advisory Board: Francis Jelensperger (SMD1) to an unexpired term December 2015 25. Announcements and consideration of Future Agenda Items a. City Council Strategic Planning Session on February 26, 2015 26. Adjournment
The City Council reserves the right to consider business out of the posted order, and at any time during the meeting, reserves the right to adjourn into executive session on any of the above posted agenda items which are not listed as executive session items and which qualify to be discussed in closed session under Chapter 551 of the Texas Government Code.
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Friday, February 13, 2015, at 3:30 P.M.
/s/______Bryan Kendrick, City Clerk
City Council Agenda Page 5 of 5 February 17, 2015
The San Angelo Water Warriors believe that every drop of water counts!
They are a part of the Texas Research Institute of Young Scholars (TRIYS Project) where they have researched all year, and are taking large steps to help San Angelo save water!
They want to make a proclamation that during the month of March everyone in San Angelo focuses on saving water.
They want San Angelo “March to Save Water!” Please xeriscape your yard, install a rainwater harvesting system, or install water efficient shower heads / toilets.
Remember: Every drop matters!
Therefore, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim the month of March, 2015 as
“MARCH TO SAVE WATER”
In San Angelo, Texas, and encourage the community in the support and participation of all citizens to focus on saving water
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 17th day of February, 2015.
______Dwain Morrison Mayor of the City of San Angelo
In fiscal year 2013, more than 9,000 unwanted animals entered the City of San Angelo’s Animal Shelter. Of those, nearly 7,000 – or 75 percent – were euthanized. The cause of this situation is not that there are too few homes in San Angelo willing to adopt pets; it’s that our community has a pet overpopulation problem. Frankly, this is an issue we can fix.
This month, the City of San Angelo teamed with Concho Valley PAWS to launch an initiative aimed at reducing the number of unwanted animals who enter the shelter and are eventually put down. This effort was purposely rolled out to coincide with National Spay/Neuter Month.
Dubbed the Spay Neuter Initiative Program – or, appropriately, SNIP – this partnership will seek to persuade the public of the need to alter pets and will educate citizens of the many benefits to their pets of doing so. Further, SNIP will raise awareness of the options for obtaining low-cost spaying and neutering through Concho Valley PAWS’ voucher program, which is detailed at ConchoValleyPAWS.org. Many of those vouchers will be used on National Spay Day on February 24th.
SNIP will sound a constant drumbeat of messages and information in a move to change the local culture regarding spaying and neutering, much as San Angelo has changed attitudes about water use and conservation. Citizens will soon have branded into their consciousness this tagline: It’s the snip that saves. Money. Time. And lives.
And so, the City of San Angelo commends Concho Valley PAWS for working with us to reduce the community’s pet overpopulation problem in a positive and productive fashion.
Therefore, I, Dwain Morrison, Mayor of the City of San Angelo, Texas, on behalf of the City Council, do hereby proclaim February 2015 as
“National Spay/Neuter Month”
In San Angelo, Texas.
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 17th day of February, 2015.
______Dwain Morrison Mayor of the City of San Angelo
The Lake View Maidens Basketball Team won the Sonora Tournament; they were finalists in the Breckenridge Tournament, in which weather cancelled the final;
This year they have a 6-2 District record, which is the most district wins since 1999 and holds top 20 state rankings in both the TABC(#18) & TGCA (#14) for the first time in school history;
This year’s 25 wins was most in school history, and they made their first play-off appearance since 1999;
This historical season is a reason for recognition of the student athletes of the Lake View Maidens Basketball Team;
Therefore, I, Dwain Morrison, Mayor of the City of San Angelo, on behalf of the City Council, do hereby recognize and applaud
“The Lake View Maidens Basketball Team”
not only for their outstanding and impressive victories, but also for their commitment to each other and the program
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 17th day of February 2015.
______Dwain Morrison Mayor of the City of San Angelo CITY COUNCIL MINUTE RECORD The City of San Angelo Page 393 Tuesday, February 3, 2015 Vol. 105
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:06 A.M., Tuesday, February 3, 2015, in the San Angelo McNease Convention Center, 501 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:
Mayor, Dwain Morrison Councilmember Rodney Fleming Councilmember Marty Self Councilmember Johnny Silvas Councilmember Don Vardeman Councilmember Elizabeth Grindstaff Councilmember Charlotte Farmer were present and acting, with the exception of Councilmember Marty Self, thus constituting a quorum. Whereupon, the following business was transacted: An invocation was given by David Deanda, Pastor of Oasis Baptist Church and pledge was led by Shay West (4th grade), Jacey West (2nd grade), Davis Bailey (3rd grade), and Truett Bailey (1st grade) from San Angelo Catholic School
PROCLAMATIONS AND RECOGNITIONS “American Heart Month” was received by Jamie Muth, Corporate Market Director American Heart Association along with Mary Solomon, Community Medical Center, the Working on Wellness Champions; Morgan Chegwidden and AJ Deardorff
“National Catholic Schools Week”, was received by Lacy Bailey, ACS School Board President and Mia West, ACS School Board Secretary
“Winners of the SNAPS photo contest” was received by Anthony Wilson, Carrie Gamboa and the Alejandro Castanon, Chairman of the Public Art Commission
“Tina Bunell” for being recognized as one of Lamar University’s 40 under 40
“Maryann Vasquez” retiring after 21 years of service to the City of San Angelo PUBLIC COMMENT No public comments were made.
CONSENT AGENDA
APPROVAL OF THE JANUARY 20, 2015 CITY COUNCIL REGULAR MEETING MINUTES
APPROVAL OF DECLARING THE REMNANT OF LOT 8, BLOCK 5 OF MONTERREY ADDITION, PURCHASED FOR ROADWAY USE, SURPLUS FOR THE PURPOSE OF DISPOSING OF SURPLUS PROPERTY FOR THE FAIR MARKET VALUE AND AUTHORIZING THE CITY MANGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEY THE SURFACE ESTATE ONLY IN THE Page 394 Minutes Vol. 105 February 3, 2015
SURPLUS PROPERTY BY SPECIAL WARRANTY DEED TO THE ADJACENT PROPERTY OWNER, RESERVING UNTO THE CITY OF SAN ANGELO ALL MINERAL INTERESTS, SURFACE AND GROUND WATER RIGHTS - (C.PREAS)
ITEM # 3 – PULLED TO REGULAR AGENDA
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ACCEPTING FEDERAL GRANT FUNDS FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO THE STATE OF TEXAS, TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES, DISTRIBUTED THROUGH THE AREA AGENCY ON AGING OF CONCHO VALLEY COUNCIL OF GOVERNMENTS, FOR VENDOR STATUS FOR THE FISCAL YEAR 2015 “CONGREGATE MEAL PROGRAM” COORDINATED BY THE PARKS & RECREATION DEPARTMENT, SENIOR SERVICES DIVISION, PAYABLE AS REIMBURSEMENTS ESTIMATED TO BE $116,328.96, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VENDOR AGREEMENT WITH THE AREA AGENCY ON AGING OF THE CONCHO VALLEY AND RELATED DOCUMENTS - (C.WHITE)
ITEM # 5 – PULLED TO REGULAR AGENDA
APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN COSADC AND KSA ENGINEERS, INC. FOR COMPLETION OF PHASE III OF THE AEP QUALITY SITE CERTIFICATION PROGRAM IN AN AMOUNT NOT TO EXCEED $134,677.00, IN SUBSTANTIALLY THE ATTACHED FORM AND RATIFYING THE AUTHORIZATION FOR EXECUTION BY THE COSADC BOARD PRESIDENT – (R.PEÑA)
Motion, to approve the Consent Agenda, with the exception of items #3 and #5, was made by Councilmember Silvas and seconded by Councilmember Farmer. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
CONSIDERATION OF ADOPTING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, IN SUPPORT OF THE APPLICATION OF DISCHINGER DEVELOPMENT, LLC TO BE MADE TO THE HOUSING TAX CREDIT PROGRAM THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR AN AWARD AND ALLOCATION OF 2015 LOW INCOME HOUSING TAX CREDIT PROGRAM FUNDS FOR THE CONSTRUCTION OF EIGHTY (80) AFFORDABLE HOUSING APARTMENT UNITS FOR LOW TO MODERATE INCOME CITIZENS, KNOWN AS OUTLOOK AT VALLEYVIEW, TO BE LOCATED AT 2900 VALLEYVIEW BLVD
A Presentation was made by Neighborhood Services Director Robert Salas, and is part of the supplemental record.
Mayor Morrison clarified the property is currently zoned for the proposed use.
Councilmember Fleming acknowledged opposition but spoke in support of the development.
Councilmember Farmer expressed concerns about the oversaturation of properties utilizing the Housing Assistance Program (HAP)
Councilmember Silvas spoke in support of this development. Minutes Page 395 February 3, 2015 Vol. 105
Public comments were made by multiple members of the public, speaking in opposition of this item and citing the following concerns:
• Responsibility for ongoing maintenance • Exponential increase in traffic in the neighborhood • Safety/Security issues • Waiver of Fees • Increasing the backlog of permit applications • Lack of public information about the plan for this development • Location of property
City Manager Daniel Valenzuela spoke concerning holding public stakeholder meetings on these types of projects going forward. Councilmembers Grindstaff and Farmer spoke in support of making the stakeholder meetings mandatory for these types of developments.
Motion, to postpone this item to a future agenda after the opportunity for a public stakeholders meeting, was made by Councilmember Farmer and seconded by Councilmember Fleming. Motion carried unanimously. RECESS At 10:15 A.M., Mayor Morrison called a recess. RECONVENE At 10:39 A.M., Council reconvened, and the following business was transacted:
ADOPTION OF THE FOLLOWING RESOLUTIONS AUTHORIZING THE ADOPTION OF INVESTMENT POLICIES FOR THE CITY OF SAN ANGELO AND LAKE NASWORTHY:
a. A RESOLUTION OF THE SAN ANGELO CITY COUNCIL AUTHORIZING THE ADOPTION OF CITY OF SAN ANGELO, TEXAS INVESTMENT POLICY AND INVESTMENT STRATEGY 2014
b. A RESOLUTION OF THE SAN ANGELO CITY COUNCIL AUTHORIZING THE ADOPTION OF THE LAKE NASWORTHY INVESTMENT POLICY AND INVESTMENT STRATEGY FOR 2014
A Presentation was made by Finance Director Tina Bunnell, and is part of the supplemental record.
Motion to adopt the resolutions, as presented, was made by Councilmember Farmer and seconded by Councilmember Vardeman. Motion carried unanimously.
APPROVAL OF THE FIRST PUBLIC HEARING AMENDING THE ANIMAL CONTROL ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING CHAPTER 3, ENTITLED “ANIMAL CONTROL”, OF THE SAN ANGELO CODE OF ORDINANCES TO ADD NEW DEFINED TERMS UNDER ARTICLE 3.01; TO ADDRESS IMPOUNDMENT AND RELEASE OF FREE-ROAMING COMMUNITY CATS UNDER ARTICLE 3.05; TO ADD A NEW ARTICLE 3.10, ENTITLED “FREE-ROAMING COMMUNITY CATS” ALLOWING AND REGULATING FREE-ROAMING COMMUNITY CATS AND ESTABLISHING REQUIREMENTS FOR FREE-ROAMING COMMUNITY CAT CAREGIVERS.
A Presentation was made by Neighborhood & Family Services Director Robert Salas, and is part of the supplemental record
Animal Services Manager Julie Parsons clarified the difference between micro chipping and ear notching feral Page 396 Minutes Vol. 105 February 3, 2015 cats.
Councilmember Grindstaff spoke in support of this program.
Citizens Dr. Brian May, Dr. Mary Anne White, and Kristin Stanley spoke in support of this program.
Motion to approve the first public hearing, as presented, was made by Councilmember Farmer and seconded by Councilmember Grindstaff. Motion carried unanimously.
DISCUSSION OF PROPOSING AN ORDINANCE DESIGNATING TRUCK ROUTES WITHIN THE CITY LIMITS OF THE CITY OF SAN ANGELO AND PROVIDING DIRECTION TO STAFF
A Presentation was made by Assistant Director of Operations Patrick Frerich, and is part of the supplemental record
Councilmember Farmers asked for these routes to be included in GPS Mapping services.
Mayor Morrison recommended the ordinance address only a gross vehicle weight of 33,000 lbs and above
Citizen Jim Turner advised staff to involve the GIS department of the City of San Angelo, regarding the GPS mapping component.
Discussion was held and recommendations were made by consensus of the City Council to create a truck routes ordinance that is clear, sensible and enforceable; allowing for the proper routing of trucks through the city in a safe and efficient manner.
DISCUSSION OF ITEMS RELATED TO THE 2015 CHARTER REVIEW COMMITTEE OF THE CITY OF SAN ANGELO
A Presentation by Chairman Trinidad Aguirre and Vice Chairman Harry Thomas, and is part of the supplemental record
No action was taken on this item.
APPROVAL OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2014-2015 BUDGET FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS
A Presentation was made by Budget manager Morgan Chegwidden, and is part of the supplemental record.
Motion to approve the first public hearing, as presented, was made by Councilmember Grindstaff and seconded by Councilmember Silvas. Motion carried unanimously. EXECUTIVE/CLOSED SESSION At 11:52 A.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open under the following sections: Section 551.071(2) to consult with its 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: • To consult with its attorney regarding West Texas Water Partnership; and • Matters related to Development Agreements between the City of San Angelo, City of San Angelo Development Corporation, and Martifer-Hirschfeld Energy Systems, LLC.) Minutes Page 397 February 3, 2015 Vol. 105
Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding potential sites for: • A Police Department Administration Building; and • Relocation of the Accounting Department Section 551.074(a)(1) to deliberate the appointment of the City Clerk RECONVENE At 1:44 P.M., Council reconvened, and the following business was transacted: Councilmember Silvas left the meeting at 1:44 P.M. FOLLOW UP AND ADMINISTRATIVE ISSUES CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION No action was taken on matters discussed in Executive/Closed Session. ANNOUNCEMENTS AND CONSIDERATION OF FUTURE AGENDA ITEMS Interim City Clerk Bryan Kendrick distributed the proposed February 17, 2015 Agenda and City Manager Daniel Valenzuela solicited Council comments and suggestions. Councilmember Grindstaff thanked staff for assisting with a neighborhood public meeting held for Single Member District 5 on February 2, 2015. Councilmember Farmer mentioned City staff is working on holding a trash committee meeting regarding excessive trash around the city and encouraged participation. Ms. Farmer gave a letter regarding a Code Enforcement complaint and asked for follow-up on that issue. Ms. Farmer also asked for the Sales Tax Compliance Audit to be made public, possibly at a future meeting. Councilmember Fleming requested the stakeholders meeting for item #3 be posted on the City’s website. ADJOURNMENT Motion, to adjourn, was made by Councilmember Grindstaff and seconded by Councilmember Fleming. Motion carried unanimously. The meeting adjourned at 1:50 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 Page 398 Minutes Vol. 105 February 3, 2015 meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.) City of San Angelo Parks & Recreation
Memorandum
Date: February 13, 2015
To: Mayor and Councilmembers
From: Carl White, Parks and Recreation Director
Subject: Agenda Item for February 17, 2015, Council Meeting
Contact: Carl White, Parks and Recreation Director, 234-1724
Caption: Consent Agenda Item
Consideration of approving a lease agreement between the City of San Angelo and the Trustees of the First United Methodist Church San Angelo for the building and grounds at 312 West Ave. A, for Boy Scout Programs and authorizing the City Manager to execute said agreement.
Summary: Staff recommends approving a lease agreement with the Trustees of the First United Methodist Church San Angelo for the building and grounds at 312 West Ave. A, and authorizing the Mayor or City Manager to execute the agreement.
The basic parameters of the proposed lease include the following:
• Five-year lease with no renewal option. • Lease of the building at 312 West Ave. A, and use of the adjacent grounds and parking area. • Requirements to provide utilities at lessee’s expense. • Requirements to provide maintenance of the building at lessee’s expense. • Standard insurance coverage. History: First United Methodist Church has leased the property for several years. Most recently, they have leased it from 1999 to 2004, 2005 to 2009 and 2010 to 2014.
Financial Under the proposed lease agreement, there would be no cost to the City. Impact:
Attachments: Letter of proposal, existing lease and proposed lease agreement.
Presentation: N/A
1
Publication: N/A
Reviewed by: Rick Weise, Assistant City Manager
Approved by February 2, 2015 Legal:
Map showing general area of the proposed leased property – grounds and building (lines are descriptive only, not exact).
2
City of San Angelo
Memo
Date: 1/29/2015
To: Mayor and Council members
From: Vernon Hancock
Subject: Agenda Item for 2/17/2015 Council
Contact: Brian Dunn, Fire Department 657-4355
Caption: Consent Agenda
Consideration of approving the purchase of Mobile Data Terminals using purchasing contracts DIR-TSO-2520 and TCPN-Technology Solutions R5106 in the amount of $108,571.70 and authorizing the City Manager or his designee to execute any necessary related documents.
Summary: Mobile Data Terminals are required to relay dispatch information to units’ enroute to scene and provide mapping and incident information. The replacements will provide a higher bandwidth and operating systems allowing patient side care reporting, 12 lead EKG capability and electronic Pre-Incident Plan information while maintaining required levels of computer security. History: Council approved project funding on August 5, 2014 ($182,600 Fire Mobile Data Terminals). Minute reference (page 620, Vol. 105)
Financial Impact: Funding for the Fire Mobile Data Terminals is in the FY 2014-2015 Budget using account # 502-9000-800-07-44, this portion of project cost is $108,571.70.
Related Vision Item San Angelo will have a quality infrastructure system when… (if applicable): Infrastructure Vision • Add technology development to CIP
Other Information/ Staff recommends approval for purchase. Recommendation:
Attachments: FD-FVTC051-quote.pdf ,FD 08-05 Min page 8.pdf , FD LSR Mobile Data.pdf
Presentation: N/A
Publication: N/A
Reviewed by Brian Dunn, 01/26/2015 Director:
Approved by Legal:
OE400SPS
QUOTE NO. ACCOUNT NO. DATE FVTC051 0410780 1/15/2015
SHIP TO: SAN ANGELO FIRE DEPARTMENT BILL TO: Attention To: PETER HAIDINGER CITY OF SAN ANGELO 301 W 1ST ST 72 W COLLEGE AVE
SAN ANGELO , TX 76903-5786 Accounts Payable Contact: PETER SAN ANGELO , TX 76903-5814 HAIDINGER 325.657.4355
Customer P.O. # TOUGHPAD ROLLOUT Customer Phone #325.657.4210 QUOTE
ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE Net 30 Days-Govt ALEX PAS 877.837.2705 FEDEX Ground STATE State/Local QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 30 3445347 PAN TP FZ G1 I5-4310U 128GB 8GB W8.1 2,384.89 71,546.70 Mfg#: FZ-G1FA3JXBM Contract: Texas Panasonic DIR TSO 2520 DIR-TSO-2520 32 3035798 HAVIS PAN FZ-G1 DOCK STATION 528.89 16,924.48 Mfg#: DS-PAN-702-2 Contract: TCPN - Technology Solutions R5106 R5106 21 2619910 HAVIS QUICK RELEASE SLIDE F/KB MOUNT 41.38 868.98 Mfg#: C-KBM-102 Contract: TCPN - Technology Solutions R5106 R5106 24 3253961 IKEY BLUETOOTH KEYBD W/ RED LED/PAD 308.44 7,402.56 Mfg#: BT-80-TP Contract: TCPN - Technology Solutions R5106 R5106 16 1910222 HAVIS BASE, VMT, HDM, FXADP, PLT, 1H 49.98 799.68 Mfg#: C-HDM-134 Contract: TCPN - Technology Solutions R5106 R5106 16 1896037 HAVIS FIXED ADAPT, HEAVY DUTY MOUNT 9.00 144.00 Mfg#: C-HDM-301 Contract: TCPN - Technology Solutions R5106 R5106 16 2115560 HAVIS DEVMT, MNTRKYB, UNVMT 117.85 1,885.60 Mfg#: C-MKM-101 Contract: TCPN - Technology Solutions R5106 R5106 30 1974399 PANASONIC 1-3YR PROT PLUS COMPUTRACE 299.99 8,999.70 Mfg#: CF-SVCLTPPCTC3Y Contract: Texas Panasonic DIR TSO 2520 DIR-TSO-2520 Electronic distribution - NO MEDIA
SUBTOTAL 108,571.70 FREIGHT 0.00 TAX 0.00
108,571.70
Please remit payment to: CDW Government CDW Government 75 Remittance Drive 230 North Milwaukee Ave. Suite 1515 Vernon Hills, IL 60061 Fax: 312.705.7786 Chicago, IL 60675-1515
This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager.
CITY OF SAN ANGELO OFFICE OF THE CITY ATTORNEY LYSIA H. BOWLING
Legal Services Request
To: Lysia H. Bowling, City Attorney Date Submitted To Legal: ______
From: ______Name, Title of Submitter, & Extension No. (Signature of Department Director and Title)
Type Of Request: Resolution Ordinance Legal Opinion Real Estate Transaction
Agreement/Contract – Is council approval required? YES NO
Please explain: ______
NOTE: Agenda items should be submitted to Legal according to City Clerk’s Agenda Submittal Calendar (Please refer to schedule available on the intranet)
Please do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as the history of the item or opinions on the sam e or sim ilar issues, the existen ce of relevant memos, correspondence, etc. Please attach the pertinent documentary information relating to the subject as follows: If this request is for the Agenda, please include a draft cover memo to be submitted to council. If this item has already been approved by council, please include a copy of the minutes. If this request is for review, approval, or preparation of a contract/agreement, please include a draft of the document. (hard copy & email electronic version in Word format) If this is an amendment of a contract/agreement, please also attach a copy of the original contract/agreement and all previous amendments. If this is a request for a legal opinion or for the preparation of an ordinance, please include all research and other material. NOTE: The above listed information must be submitted prior to legal review.
Purpose of Request: Please explain in detail the legal issue, concern, or question pertaining to your request.
Relevant names and contact information and/or comments:
Relevant Names & Contact Information
For Legal Dept. Use Only: Receipt Date:______Assigned to:______File #______Close Date:______
Complete Form and forward to the Office of the City Attorney
City of San Angelo
Memo
Date: 1/30/15
To: Mayor and Councilmembers
From: TIM VASQUEZ, POLICE DEPARTMENT
Subject: Agenda Item for February 17, 2015 Council Meeting
Contact: Ryan Jansa, Police Department, 657-4262
Caption: CONSENT
CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE SAN ANGELO POLICE DEPARTMENT TO APPLY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG)
Summary: The State of Texas announced that federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The City of San Angelo Police Department is asking for authorization to apply for funds from this program for the CSI Technology Program. This program will allow the Police Department to purchase evidence drying cabinets, cameras, and Ipads for the Crime Scene Investigators. The evidence drying cabinets are ventilated, filtered enclosures designed to safely and efficiently dry and store various article of physical evidence that contain physiological fluids and need to be air dried prior to analysis. The Police Department currently uses an old jail cell with no ventilation to perform this function. The cameras currently used by the CSI’s are standard consumer level cameras with a single lens. The new cameras will be professional cameras and include multiple lenses and flashes for different situations. The Ipads will include programs to create diagrams of crime scenes and produce documents in evidence collection during search warrants. They will also be used to view photos taken by the CSI at the crime scene. This will allow the Detective to see what photos have been collected and if more need to be taken before leaving the scene.
History: The San Angelo Police Department was awarded funds from this grant in 2013 and 2014 to purchase equipment to help prevent and control crime.
Financial Impact: There is no requirement for matching funds. The San Angelo Police Department will apply for $47,400 from the grant and awarded these funds will increase the Police Department budget.
Related Vision Item None (if applicable):
Other Information/ Staff recommends approval of the stated caption. The grant application must be Recommendation: submitted by February 27, 2015 to be eligible for review
Attachments: Resolution
Presentation: None
Publication: None
Reviewed by Chief Tim Vasquez, Police Department, 1/30/15 Director:
Approved by Legal:
A RESOLUTION APPROVING THE SAN ANGELO POLICE DEPARTMENT TO APPLY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG)
WHEREAS, the City Council of the City of San Angelo finds it in the best interest of the citizens of San Angelo, Texas that the CSI Technology Program be operated for the 2015-2016; and
WHEREAS, the City Council of the City of San Angelo agrees to provide no matching funds for the said project as required by the Edward Byrne Memorial Justice Assistance Grant Program (JAG) grant application; and
WHEREAS, the City Council of the City of San Angelo agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City Council of the City of San Angelo assures that the funds will be returned to the Criminal Justice Division in full.
WHEREAS, the City Council of the City of San Angelo designates the City Manager as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Angelo approves submission of the grant application for the CSI Technology Program to the Office of the Governor, Criminal Justice Division.
PASSED, APPROVED, AND ADOPTED this ___ day of __ __ , 2015.
Grant Number: ______
CITY OF SAN ANGELO
BY: ______Dwain Morrison, Mayor
ATTEST:
BY: ______Bryan Kendrick, City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
______Tim Vasquez, Police Chief Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Date: February 9, 2015
To: Mayor and Councilmembers
From: CINDY S PREAS, Real Estate Administrator
Subject: Agenda Item for February 17, 2015 Council Meeting
Contact: Cindy S. Preas, Real Estate Division, 657-4212
Caption: CONSENT
Consideration of adopting a Resolution of the City of San Angelo authorizing the mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest of the City of San Angelo, and all other taxing units interested in the Tax Foreclosure Judgment or Tax Warrant: Lot 11, Block 48, Fairview Addition; Suit No. D-12-0187-TAX; $1,200 (Gonzales)
Summary: The subject property was auctioned at Sheriff’s Sale. No offers were received causing subject properties to be stuck-off to the City, as Trustee for itself and the other taxing entities.
History: The attached Property Analysis reflects amounts of delinquent taxes, accrued penalties, interest, attorney fees and costs for delinquent years of, together with additional penalties and interest at the rates prescribed by Chapter 33, Tex. Property
Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance will be distributed according to the judgment or tax warrant on the Sheriff’s Return; and (3) Property will be reinstated back onto tax roll.
Related Vision Item Neighborhood Vision – Attract reinvestment (if applicable):
Other Information/ Staff recommends approval. Recommendation:
Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map
Presentation: N/A
Publication: N/A
Reviewed by Tina Bunnell, Finance Director Director:
A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE MAYOR TO EXECUTE A TAX-RESALE (QUITCLAIM) DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE CITY OF SAN ANGELO, AND ALL OTHER TAXING UNITS INTERESTED IN THE TAX FORECLOSURE JUDGMENT
WHEREAS, by Sheriff’s Sale, the properties described below were struck-off to the City of San Angelo, Trustee, pursuant to a delinquent tax foreclosure decree of the 391st Judicial District, Tom Green County, Texas; and
WHEREAS, offer has been made for the purchase of said properties pursuant to Section 34.05, Texas Tax Code Ann.(Vernon, 1982); and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO that its Mayor, Dwain Morrison, is hereby authorized to execute a Tax-Resale (quitclaim) Deed conveying the following described real properties to the following as specified below, all of the right, title, and interest of the City of San Angelo, and all other taxing units interested in the tax foreclosure judgment, located in San Angelo, Tom Green County, Texas:
Conveying to:
Carlos Gonzales ($1,300.00): Lot 11, Block 48, Fairview Addition, City of San Angelo, Tom Green County, Texas, as described in a deed recorded in Volume 303, Page 450, Deed Records, Tom Green County, Texas. Acct. #10-22600-0048-011-00
APPROVED AND ADOPTED ON THE DAY OF , 2015.
THE CITY OF SAN ANGELO
Attest: ______Dwain Morrison, Mayor ______Bryan Kendrick, City Clerk
Approved As to Content: Approved As to Form:
______Cindy S. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
OFFICE OF THE Memo City Clerk
To: Mayor and Councilmembers From: Bryan Kendrick, City Clerk Date: February 13, 2015 Re: Consent Agenda Item for February 17, 2015
Caption: Consideration of adoption of the following resolutions: a. A Resolution calling and ordering the General Election for May 9, 2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 9TH DAY OF MAY, 2015, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE AND THREE COUNCIL MEMBERS FOR SINGLE MEMBER DISTRICTS TWO, FOUR AND SIX RESPECTIVELY, FOR TWO YEAR TERMS; DESIGNATING LOCATIONS OF POLLING PLACES; PROVIDING FOR DATES, TIMES AND PLACE FOR EARLY VOTING BY PERSONAL APPEARANCE; AUTHORIZING A JOINT ELECTION WITH GRAPE CREEK INDEPENDENT SCHOOL DISTRICT, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, VERIBEST INDEPENDENT SCHOOL DISTRICT AND WALL INDEPENDENT SCHOOL DISTRICT; MAKING TENTATIVE PROVISIONS FOR A RUNOFF ELECTION; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION, EARLY VOTING AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS RESOLUTION; ORDERING PUBLICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE UNA RESOLUCIÓN DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, ORDENANDO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 9 DE MAYO DE 2015; CON EL FIN DE ELEGIR A UN ALCALDE EN GENERAL Y TRES MIEMBROS DEL CONSEJO DE LA CIUDADA PARA DISTRITO DE MIEMBRO ÚNICOS DOS, CUATRO Y SEIS, RESPECTIVAMENTE, PARA TÉRMINOS DE DOS AÑOS; LA DESIGNACIÓN DE UBICACIONES DE CENTROS ELECTORALES; PROPORCIONAR LAS FECHAS, HORARIOS Y LUGAR PARA LA VOTACIÓN TEMPRANA EN PERSONA; AUTORIZANDO UNA ELECCIÓN CONJUNTA CON LOS DISTRITOS ESCOLARES INDEPENDIENTES DE GRAPE CREEK, SAN ANGELO, VERIBEST Y WALL; ADOPTAR DISPOSICIONES PROVISIONALES PARA UNA ELECCIÓN DE DESEMPATE; ADOPTAR DISPOSICIONES PARA LA REALIZACIÓN DE LAS ELECCIONES, LA VOTACIÓN TEMPRANA Y OTROS INCIDENTES RELACIONADO CON EL PROPÓSITO DE LA PRESENTE RESOLUCIÓN; ORDENAR PUBLICACIÓN; PROPORCIONAR PARA DIVISIBILIDAD; Y PROPORCIONAR UNA FECHA DE VIGENCIA b. A Resolution authorizing the City Manager to execute an Interlocal Agreement for Joint Election providing for holding of a joint election to be administered by Tom Green County Election Administration A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR JOINT ELECTION PROVIDING FOR HOLDING OF A JOINT ELECTION WITH GRAPE CREEK INDEPENDENT SCHOOL DISTRICT, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, VERIBEST INDEPENDENT SCHOOL DISTRICT AND WALL INDEPENDENT SCHOOL DISTRICT ON MAY 9, 2015, SAID ELECTION TO BE ADMINISTERED BY TOM GREEN COUNTY ELECTION ADMINISTRATION PURSUANT TO MASTER INTERLOCAL AGREEMENT BETWEEN TOM GREEN COUNTY ELECTION ADMINISTRATION, CITY, VERIBEST INDEPENDENT SCHOOL DISTRICT, AND WALL INDEPENDENT SCHOOL DISTRICT Page 2 February 13, 2015
Summary/History: The ordering of the General Election is a routine action required by the Election Code 3.005(a) to set the date of the election, possible runoff, and place for early voting. The General Election will be conducted to fill full terms for Mayor, Single Member Districts 2, 4, and 6. The Interlocal Agreement provides for the holding of a joint election with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District, and Wall Independent School District on May 9, 2015, said election to be administered by Tom Green County Election Administration with provision for shared election services, This has proven to be the most efficient method of conducting the elections and is in the best interest of the citizens of the City of San Angelo. Financial Impact: The expense of the election is shared with the other entities. Staff negotiated and executed a Master Joint Election Services Agreement with Tom Green County for this and subsequent elections until 2022. The master agreement outlines that the Elections Administrator will continue to hold elections for the municipality on the May uniform election date, and participating entities agreed to purchase additional equipment and hire additional personnel for the conduct of said elections. The Historical cost for previous elections has been under $25,000, if a runoff is not necessary. Current budget has been historically sufficient. The last time a runoff election was held was in 2013, the total election cost was $55,633.00, including the runoff election related publications. If warranted, a budget amendment will be submitted for additional funds in account 101-0500-411.06-16 Other Information/Recommendation: Staff recommends adoption of the resolutions.
Attachments: Resolution Ordering Election: English and Spanish Resolution for the Interlocal Agreement Exhibit A - Interlocal Agreement Presentation: None Responsible Staff Contact Information: Bryan Kendrick, City Clerk, 325.657.4405 City Attorney’s Office Review: Approved by Dan Saluri, Interim City Attorney
City Hall, 72 W. College Ave., San Angelo, TX 76903 website: www.cosatx.us
UNA RESOLUCIÓN DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, ORDENANDO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 9 DE MAYO DE 2015; CON EL FIN DE ELEGIR A UN ALCALDE EN GENERAL Y TRES MIEMBROS DEL CONSEJO DE LA CIUDADA PARA DISTRITO DE MIEMBRO ÚNICOS DOS, CUATRO Y SEIS, RESPECTIVAMENTE, PARA TÉRMINOS DE DOS AÑOS; LA DESIGNACIÓN DE UBICACIONES DE CENTROS ELECTORALES; PROPORCIONAR LAS FECHAS, HORARIOS Y LUGAR PARA LA VOTACIÓN TEMPRANA EN PERSONA; AUTORIZANDO UNA ELECCIÓN CONJUNTA CON LOS DISTRITOS ESCOLARES INDEPENDIENTES DE GRAPE CREEK, SAN ANGELO, VERIBEST Y WALL; ADOPTAR DISPOSICIONES PROVISIONALES PARA UNA ELECCIÓN DE DESEMPATE; ADOPTAR DISPOSICIONES PARA LA REALIZACIÓN DE LAS ELECCIONES, LA VOTACIÓN TEMPRANA Y OTROS INCIDENTES RELACIONADO CON EL PROPÓSITO DE LA PRESENTE RESOLUCIÓN; ORDENAR PUBLICACIÓN; PROPORCIONAR PARA DIVISIBILIDAD; Y PROPORCIONAR UNA FECHA DE VIGENCIA
EN TANTO QUE, el Consejo de la Ciudad de San Angelo, Texas (en adelante referido como “La Ciudad”), en virtud con las disposiciones de la Constitución del Estado de Texas, Código de Elección de Texas, y Carta de la Ciudad de San Angelo, determina, con el propósito de elegir a los siguientes oficiales de dicha ciudad: un Alcalde en General; un Concejal de La Ciudad de Distrito Unico Numero Dos; un Concejal de la Ciudad de Distrito Único Numero Cuatro; y un Concejal de la Ciudad de Distrito Único Numero Seis por los votantes calificados de la Ciudad de San Angelo elegible para votar por dichos oficiales; y
EN TANTO QUE, si cualquier candidato para una oficina en la elección municipal general falla de recibir una mayoría de los votos lanzó para tal oficina, entonces en ese acontecimiento, será el deber de La Ciudad para pedir una elección de desempate para cada posición a la que nadie recibió la mayoría de los votos lanzó por dicha oficina tal como se exige por la Sección 45 de la Carta de la Ciudad; y
EN TANTO QUE, la Ciudad firmó un Acuerdo Maestro Interlocal con el Condado de Tom Green y el Condado de Tom Green Administración de Elecciones, et. al., que prevé para el Condado de Tom Green para proporcionar servicios en la conducta de elecciones conjuntas en los días de elecciones uniformes en mayo, con una fecha de vigencia del 6 de diciembre de 2011, y renovando anualmente de forma automática a través de 31 de diciembre 2022; y
EN TANTO QUE, la elección del 9 de mayo de 2015, se llevará a cabo de forma conjunta con los Distritos Escolares Independientes de Grape Creek, San Angelo, Veribest y Wall en virtud de acuerdos interlocal con cada uno de los distritos escolares independientes según lo autoriza la Sección 271.002 del Código Electoral de Texas y por La Ciudada, y
EN TANTO QUE, la reunión en la cual esta Resolución se considera está abierta para el público como requerido según la ley y fue dado aviso público del tiempo, lugar, y proposito de dicha reunión como lo requiere el Título 5, Capítulo 551, del Código Gobierno de Texas.
AHORA, POR LO TANTO, SERÁ RESUELTO POR LA CIUDAD QUE:
Sección 1. Que todas las premisas mencionadas anteriormente son verdaderas y correctas y están incorporadas en el cuerpo de esta Resolución como si estuvieran establecidos en su totalidad.
Sección 2. Que La Ciudad ordena una elección de oficiales para la Ciudad de San Angelo, Texas, que se celebrará el segundo sábado de mayo, 2015, el mismo ser el día 9 de mayo, 2015, que no es menos de setenta (70) días de la fecha de la adopción de esta Resolución, entre las horas de 7:00 de la mañana y 7:00 de la tarde, para el propósito de elegir a los oficiales municipales siguientes: Un Alcalde en General; un Concejal de La Ciudad de Distrito Unico Numero Dos; un Concejal de la Ciudad de Distrito Único Numero Cuatro;y un Concejal de la Ciudad de Distrito Único Numero Seis.
Sección 3. Las elecciones generales ordenadas ser sostenidas el día 9 de mayo, 2015, se celebrarán conjuntamente con los Distritos Escolares Independientes de Grape Creek, San Angelo, Veribest y Wall en virtud de acuerdos interlocal con cada distrito.
Sección 4. En caso de que en las elecciones generales aquí pedido para cualquier oficina, si ningún candidato recibe una mayoría de los votos lanzó para la oficina, y La Ciudad ordena una segunda votación/elección de desempate para cada posición, allí será sostenido una segunda votación en virtud de Sección 45 de la Carta de la Ciudad, el sábado, día 27 de Juno, 2015, de las 7:00 de la mañana hasta las 7:00 de la tarde, que no podrá ser anterior a veinte (20) días, o cuarenta y cinco (45) días después de la fecha en que se ha completado el escrutinio de la elección principal. (EC 2.025)
Sección 5. Votación en y sobre dicha elección será por el uso de boletas de escaneo digital, y las boletas oficiales para dichas elecciones se ajustarán a El Código Electoral de Texas, como enmendado, con el fin de permitir a los votantes a votar por el candidato de su selección con la boleta oficial que contienen tales otras disposiciones, marcas y lengua como requerido por la ley.
Sección 6. Votación temprana en persona se llevarán a cabo cada día de la semana, a partir del 27 de abril del 2015 hasta el 1 de mayo del 2015 de las 08:00 de la mañana hasta las 7:00 de la tarde; y cada día de la semana a partir del 4 de mayo del 2015 hasta el 5 de mayo del 2015 de las 7:00 de la mañana hasta las 7:00 de la tarde. La Ciudad de San Angelo utilizará la ubicación de la rama de votación temprana, mostrada en el Anexo “A”, adoptado como parte de la presente resolución y designado por el Condado de Tom Green como se indica en el Artículo 42.002 del Código Electoral, titulado “Uso Obligatorio de los Precintos del Condado”.
La solicitud para una boleta postal será enviado a:
Oficinista de La Ciudad de San Angelo c/o Vona Hudson, Administradora de Elecciones del Condado de Tom Green Judge Edd B. Keyes Building
Las solicitudes para las boletas postales deben ser recibidas no más tarde de la hora de cierre de los negocios el jueves dia 30 de abril del 2015, sin excepción alguna.
Sección 7. Los lugares de votación del día de las elecciones donde los votantes elegibles deberán emitir sus votos serán en los lugares designados en el Anexo "A", adoptado como parte de esta resolución y designado por el Condado de Tom Green como se indica en el Artículo 42.002 del Código Electoral, titulado “Uso Obligatorio de los Precintos del Condado”.
SecciónLas elecciones dichas deben ser conducidas y los resultados escrutinio y anunciado como prescritas por las leyes de elecciones generales del estado de Texas, en su forma enmendada, y sólo los electores debidamente calificados serán calificados para votar.
Sección 9. El Oficinista de la Ciudad es dirigido y se requiere publicar el aviso de la elección dicha como requerido según la ley.
Sección 10. Que los términos y disposiciones de esta Resolución se considerará separable en si cualquier parte de esta Resolución deberá ser declarada inválida, el mismo no afectará la validez de las demás disposiciones de esta Resolución .
Sección 11. Esta Resolución debe ser eficaz en y después de la fecha de adopción.
PASADO, APROBADO Y ADOPTADO el día __ de febrero del 2015.
LA CIUDAD DE SAN ANGELO
ATESTIGUAR: Dwain Morrison, Alcalde
Bryan Kendrick, Oficinista de La Ciudad
Anexo “A”
LUGARES DE VOTACIÓN PARA EL LUNES 9 DE MAYO, 2015 ELECCIONES GENERALES Y FECHAS DE LA ELECCIÓN UNIFORMES SUBSECUENTES Y RELACIONADOS CON LAS FECHAS DE VOTACIÓN TEMPRANA
(Votación Temprana)
(27 de abril hasta el 1 de mayo, 2015) (desde las 8 de la manana hasta las 5 de la tarde)
(el 4 y 5 de mayo, 2015) (desde las 7 de la manana hasta las 7 de la tarde)
Edd B. Keyes Building, 113 W. Beauregard, Segundo Piso
Durante la votación temprana, cualquier votante puede ir a este lugar y votar sobre los asuntos para los cuales son elegibles
############################
(Dia de las Elecciones) (el 9 de mayo, 2015 (desde las 7 de la mañana hasta las 7 de la tarde)
Angelo Bible Church - 3506 Sherwood Way Belmore Baptist Church - 1214 S. Bell St. Calvary Baptist Church - 2401 Armstrong St. Christoval Community Center - 20022 Main St., Christoval Community Hospital - 3501 Knickerbocker Rd. Concho Valley Transit District - 510 N. Chadbourne St. First Assembly of God Church - 1442 Edmund Blvd. Grape Creek ISD Admin. Bldg. - 8207 US Hwy 87 N Keating Paint & Body Shop - 5050 N. Chadbourne St. Paulann Baptist Church - 2531 Smith Blvd. Plaza del Sol Apts. - 4375 Oak Grove Blvd. SA (Public) Housing Authority - 420 E. 28th St. Southgate Church of Christ - 528 Country Club Rd. Southside Recreation Center - 2750 Ben Ficklin Rd. St. Ambrose Catholic Church - 8602 Loop 570, Wall St. Paul Presbyterian Church - 11 N. Park St. Veribest Baptist Church - 50 FM 2334, Veribest Wesley - 301 W 18th St. TXDOT - 4502 Knickerbocker Rd. Bldg E
Durante el día de las elecciones generales, cualquier votante puede ir a cualquiera de estas ubicaciones y votar sobre los asuntos para los cuales son elegibles
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 9TH DAY OF MAY, 2015, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE AND THREE COUNCIL MEMBERS FOR SINGLE MEMBER DISTRICTS TWO, FOUR AND SIX RESPECTIVELY, FOR TWO YEAR TERMS; DESIGNATING LOCATIONS OF POLLING PLACES; PROVIDING FOR DATES, TIMES AND PLACE FOR EARLY VOTING BY PERSONAL APPEARANCE; AUTHORIZING A JOINT ELECTION WITH GRAPE CREEK INDEPENDENT SCHOOL DISTRICT, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, VERIBEST INDEPENDENT SCHOOL DISTRICT AND WALL INDEPENDENT SCHOOL DISTRICT; MAKING TENTATIVE PROVISIONS FOR A RUNOFF ELECTION; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION, EARLY VOTING AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS RESOLUTION; ORDERING PUBLICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of San Angelo, Texas (hereinafter referred to as the “City”), pursuant to provisions of the Texas State Constitution, Texas Election Code and City Charter for the City of San Angelo does determine to call a general election for the purpose of electing municipal officers for the following positions: Mayor at large; one City Councilmember from Single Member District 2; one City Councilmember from Single Member District 4; and one City Councilmember from Single Member District 6; by the qualified voters of the City of San Angelo eligible to vote for said officers; and
WHEREAS, should any candidate for an office in the general municipal election fail to receive a majority of all the votes cast for such office, then in that event, it shall be the duty of the City Council to order a runoff election for each position to which no one received a majority of all votes cast for such office as required by Section 45 of the City Charter; and
WHEREAS, the City entered into a Master Interlocal Agreement with Tom Green County and Tom Green County Election Administration, et. al., which makes provision for Tom Green County to provide services in the conduct of joint elections on uniform election days in May, having an effective date of December 6, 2011, and automatically renewing annually through December 31, 2022; and
WHEREAS, the election on May 9, 2015, will be held jointly with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District and Wall Independent School District pursuant to interlocal agreements entered into with each of those independent school districts as authorized under Section 271.002 of the Texas Election Code and by the City Council; and
WHEREAS, the meeting at which this Resolution is considered is 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 THAT:
Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if herein set forth in their entirety.
Section 2. The City Council orders a general election of officers for the City of San Angelo, Texas, to be held on the second Saturday of May, 2015, the same being the 9th day of May, 2015, which is not less than seventy (70) days from the date of the adoption of this Resolution (EC 3.005), between the hours of 7:00 A.M. and 7:00 P.M., for the purpose of electing the following municipal officers: Mayor, one City Councilmember from Single Member District 2; one City Councilmember from Single Member District 4; and one City Councilmember from Single Member District 6.
Section 3. The general election ordered to be held on Saturday, May 9, 2015, shall be held jointly with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District and Wall Independent School District pursuant to interlocal agreements entered into with each of those districts. (EC 271.002).
Section 4. In the event that in the general election herein ordered for any office, no candidate receives a majority of all the votes cast for such office, and the City Council calls for a run-off election for each such position, there shall be held a run-off election pursuant to Section 45 of the City of San Angelo City Charter, to be held on Saturday, June 27, 2015, between the hours of 7:00 A.M. and 7:00 P.M., which shall not be earlier than the 20th day or later than the 45th day after the date the final canvass of the main election is completed. (EC 2.025)
Section 5. Voting at and on said election shall be by use of digital scan ballots, and the official ballots for said election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote for the candidate of their choice, with the official ballot to contain such other provisions, markings and language as required by law.
Section 6. Early voting by personal appearance shall be conducted each weekday, April 27, 2015 through May 1, 2015, from 8:00 A.M. - 5:00 P.M., and May 4, 2015 through May 5, 2015, from 7:00 A.M. – 7:00 P.M. The City of San Angelo will utilize the early voting branch location, shown on Exhibit “A”, adopted as part of this Resolution, and designated by Tom Green County as outlined in the Election Code Section 42.002 entitled “Required Use of County Precincts”.
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 Building 113 W. Beauregard Ave. San Angelo, Texas 76903
Applications for ballot by mail must be received no later than the close of business on Thursday, April 30, 2014.
Section 7. The election day polling places where qualified voters shall cast ballots will be at the locations designated on Exhibit “A”, adopted as part of this Resolution, and designated by Tom Green County as outlined in the Election Code Section 42.002 entitled “Required Use of County Precincts”.
Section 8. Said elections 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 9. The City Clerk is directed and required to publish notice of said elections as required by law.
Section10. 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 11. This Resolution shall be effective from and after the date of adoption.
PASSED, APPROVED and ADOPTED on the day of February, 2015.
THE CITY OF SAN ANGELO
ATTEST: Dwain Morrison, Mayor
Bryan Kendrick, City Clerk
Approved as to Content: Approved as to Form:
______Bryan Kendrick, City Clerk Dan T. Saluri, Interim City Attorney Exhibit “A”
POLLING PLACES FOR MAY 9, 2015 GENERAL ELECTION AND SUBSEQUENT UNIFORM ELECTION DATES AND RELATED EARLY VOTING DATES
Early Voting (Votacion Adelantada) April 27 - May 1, 8 am to 5 pm (27 de abril hasta el 1 de mayo, desde las 8 hasta las 5) May 4-5, 7 am to 7 pm (El 4 y 5 de mayo, desde las 7 hasta las 7)
Edd B. Keyes Building, 113 W. Beauregard, 2nd floor (Piso Segundo) During early voting, any voter may go to this location and vote on all the issues for which they are eligible. (Durante la votación temprana , cualquier votante puede ir a este lugar y votar en todos los temas para los cuales son elegibles) Election Day (Dia de las Elecciones) May 09, 2015, 7 am to 7 pm (el 9 de mayo, 2015, desde las 7 hasta las 7) Angelo Bible Church - 3506 Sherwood Way Belmore Baptist Church - 1214 S. Bell St. Calvary Baptist Church - 2401 Armstrong St. Christoval Community Center - 20022 Main St., Christoval Community Hospital - 3501 Knickerbocker Rd. Concho Valley Transit District - 510 N. Chadbourne St. First Assembly of God Church - 1442 Edmund Blvd. Grape Creek ISD Admin. Bldg. - 8207 US Hwy 87 N Keating Paint & Body Shop - 5050 N. Chadbourne St. Paulann Baptist Church - 2531 Smith Blvd. Plaza del Sol Apts. - 4375 Oak Grove Blvd. SA (Public) Housing Authority - 420 E. 28th St. Southgate Church of Christ - 528 Country Club Rd. Southside Recreation Center - 2750 Ben Ficklin Rd. St. Ambrose Catholic Church - 8602 Loop 570, Wall St. Paul Presbyterian Church - 11 N. Park St. Veribest Baptist Church - 50 FM 2334, Veribest Wesley - 301 W 18th St. TXDOT - 4502 Knickerbocker Rd. Bldg E
On Election Day, any voter may go to any one of these locations and vote on all the issues for which they are eligible. (El día de elección, cualquier votante puede ir a cualquiera de estos lugares y votar sobre todas las cuestiones para los cuales son elegibles.)
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR JOINT ELECTION PROVIDING FOR HOLDING OF A JOINT ELECTION WITH GRAPE CREEK INDEPENDENT SCHOOL DISTRICT, SAN ANGELO INDEPENDENT SCHOOL DISTRICT, VERIBEST INDEPENDENT SCHOOL DISTRICT AND WALL INDEPENDENT SCHOOL DISTRICT ON MAY 9, 2015, SAID ELECTION TO BE ADMINISTERED BY TOM GREEN COUNTY ELECTION ADMINISTRATION PURSUANT TO MASTER INTERLOCAL AGREEMENT BETWEEN TOM GREEN COUNTY ELECTION ADMINISTRATION, CITY, VERIBEST INDEPENDENT SCHOOL DISTRICT, AND WALL INDEPENDENT SCHOOL DISTRICT WHEREAS, Texas Election Code Section 31.092 provides that the county election officer may contract with the governing body of a political subdivision situated wholly or partly in the county served by the officer to perform election services in any election ordered by an authority of the political subdivision; and,
WHEREAS, entering into an interlocal agreement providing for holding of a joint election with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District, and Wall Independent School District on May 9, 2015, said election to be administered by Tom Green County Election Administration with provision for shared election services, is the most efficient method of conducting the elections and is in the best interest of the citizens of the City of San Angelo:
NOW THEREFORE, BE IT RESOLVED THAT:
The City Council for the City of San Angelo hereby authorizes the City Manager, or his designee to enter into an Interlocal Agreement with Grape Creek Independent School District, San Angelo Independent School District, Veribest Independent School District, and Wall Independent School District, providing for holding of a joint election on May 9, 2015, said election to be administered by Tom Green County Election Administration, in substantially the form of Exhibit “A” to this resolution. The City Manager, or his designee is further authorized to execute such other documents as may be necessary or convenient to carry out the purposes of this resolution.
APPROVED AND ADOPTED on this 17th day of February, 2015.
THE CITY OF SAN ANGELO
______Dwain Morrison, Mayor ATTEST:
______Bryan Kendrick, City Clerk
Approved as to Content Approved as to Form:
______Bryan Kendrick, City Clerk Dan Saluri, Assistant City Attorney Sr. EXHIBIT “A”
TO INTERLOCAL AGREEMENT FOR JOINT ELECTION
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INTERLOCAL AGREEMENT FOR JOINT ELECTION
WHEREAS, Chapter 271 of the Texas Election Code authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; and,
WHEREAS, Tom Green County, Tom Green County Election Administration, City of San Angelo, Veribest Independent School District and Wall Independent School District entered into a Master Interlocal Agreement for Joint Elections effective December 6, 2011, providing for election services to be provided by Tom Green County Election Administration, in anticipation of the holding joint elections in May of each year from and after May, 2012, through May of 2022 (hereinafter “Master Interlocal Agreement”); and,
WHEREAS Veribest Independent School District, Wall Independent School District, Grape Creek Independent School District, and San Angelo Independent School District, all in Tom Green County, desire to hold elections on May 9, 2015, for election of officers and it would be for the benefit of each of said parties and the citizens and voters thereof, to hold the elections jointly:
NOW THEREFORE THIS AGREEMENT is made by and between the following named entities: City of San Angelo,,("City"), Veribest Independent School District, Wall Independent School District, Grape Creek Independent School District, and San Angelo Independent School District (collectively “School Districts”), of Tom Green County, acting by and through the authority of each of their governing bodies and, pursuant to Chapter 271 of the Texas Election Code, agree as follows:
1. The entities party to this Agreement, City of San Angelo, Veribest Independent School District, Wall Independent School District, Grape Creek Independent School District, and San Angelo Independent School District, will hold a joint election for the election of City Mayor and City Council Members Single Districts 2, 4 and 6, and for School Board Trustees for each of their governing bodies respectively, on May 9, 2015 (hereafter referred to as the “Joint Election”).
2. The Joint Election shall be conducted in accordance with the terms of the Master Interlocal Agreement, under the coordination, supervision and handling of Tom Green County, Tom Green Election Administration. A copy of the Master Interlocal Agreement is attached hereto as Exhibit “A”, the provisions of which are adopted by reference thereto as if fully set forth herein.
3. Each entity not a party to the Master Interlocal Agreement shall be responsible for paying the Tom Green County Election Administration an administrative fee and its proportionate share of expenses directly attributable to the election services for conducting the elections as determined by the Election Administrator and provided for in the Master Interlocal Agreement.
4. Each entity will be responsible for canvassing its respective precinct returns for the Joint Election.
5. If a participating entity determines not to participate in the Joint Election to be held on Saturday, May 9, 2015, because it has no contested positions, the nonparticipating entity shall promptly notify the Tom Green County Election Administration and the other parties to this Interlocal Joint Election Agreement, and this Agreement shall be automatically amended to delete the nonparticipating entity as a party to this Agreement.
6. In all respects, said elections shall be conducted in accordance with the Texas Election Code.
7. Each entity to this Interlocal Agreement will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies.
8. The voting system for the Joint Election is expected to be the same as described in the Master Interlocal Agreement.
9. Common polling places shall be utilized in the voting precincts wherein City and School Districts have candidates on the ballot. The Tom Green County Elections Administrator's Office shall be designated as the site for early voting by personal appearance.
10. Those persons appointed by the Tom Green County Elections Administrator’s Office shall be appointed to serve as election officers.
11. The Tom Green County Elections Administrator shall be appointed as the Early Voting Clerk for the joint election and the City Clerk as the Deputy Early Voting Clerk for personal appearance early voting.
12. A joint ballot and a single set of ballot boxes will be used at common polling places.
13. Election forms and records maintained at common polling places shall be combined.
14. In connection with the performance of this Agreement, no contracting party shall be deemed liable to third parties for a default of another contracting party in connection with the holding of the joint election, including the failure by another contracting party to pay any expenses hereunder.
15. This Agreement shall be interpreted under and governed and enforced according to the laws of the State of Texas. All obligations of the parties created hereunder are performable in Tom Green County, Texas.
16. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts 17. No amendment, modification or alteration of the term hereof shall be binding unless the same is in writing, dated subsequent to the date of this Agreement and duly executed by authority of the governing body for each entity.
18. In connection with this Agreement, all notices, inquiries and communications shall be to the following persons or offices:
City Clerk Bryan Kendrick City of San Angelo 72 W. College Ave San Angelo, Texas 76903
Superintendent of Schools–Veribest I.S.D. Bobby Fryar P.O. Box 490, 10062 FM HWY 380 Veribest, TX 76886
Superintendent of Schools– Wall I.S.D. Walter Holik, Jr. P.O. Box 259 Wall, TX 76957
Superintendent of Schools– Grape Creek I.S.D. Barbie McMath 8207 US Hwy. 87 North San Angelo, TX 76901
Superintendent of Schools– San Angelo I.S.D. Dr. Carol A. Bonds 1621 University San Angelo, Texas 76904
Elections Administrator Vona Hudson Tom Green County Judge Edd B. Keyes Annex Building 113 W. Beauregard Avenue San Angelo, Texas 76903
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts WITNESS the following signatures and seals and EXECUTED in multiple
originals on the _____day of ______, 2015.
CITY OF SAN ANGELO
BY:______Daniel Valenzuela, City Manager ATTEST: Date:
______Bryan Kendrick, City Clerk
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts VERIBEST INDEPENDENT SCHOOL DISTRICT
BY: ______
______ATTEST: President Board of Trustees
______Date:
______, Secretary
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts WALL INDEPENDENT SCHOOL DISTRICT
BY: ______
______ATTEST: President Board of Trustees
______Date:
______, Secretary
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts GRAPE CREEK INDEPENDENT SCHOOL DISTRICT
BY: ______
Mike Diaz ATTEST: President Board of Trustees
______Date:
Butch Hasty, Secretary
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts SAN ANGELO INDEPENDENT SCHOOL DISTRICT
BY: ______Lanny Layman President, Board of Trustees ATTEST:
______Date: Gerard Gallegos, Secretary
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts APPROVED AS TO CONTENT APPROVED AS TO FORM:
______Bryan Kendrick, City Clerk Dan Saluri, Sr., Assistant City Attorney
APPROVED AS TO CONTENT
Vona Hudson, Tom Green County Elections Administrator
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts EXHIBIT “A” TO INTERLOCAL AGREEMENT FOR JOINT ELECTION
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Interlocal Agreement for Joint Election: Tom Green County, City of San Angelo and Veribest, Wall, Grape Creek and San Angelo Independent School Districts
City of San Angelo
Memo
Date: January 21, 2015
To: Mayor and Councilmembers
From: Robert Salas, Neighborhood & Family Services
Subject: Agenda Item for 2/3/2015 Council Meeting
Contact: Robert Salas 655-0824
Caption: Regular
First public hearing and consideration of amending the Animal Control Ordinances of the City of San Angelo by amending Chapter 3, entitled “Animal Control”, of the San Angelo Code of Ordinances to add new defined terms under Article 3.01; to address impoundment and release of free-roaming community cats under Article 3.05; to add a new article 3.10, entitled “Free-roaming Community Cats” allowing and regulating free-roaming community cats and establishing requirements for free-roaming community cat caregivers.
Summary: On January 15, 2015, the Animal Shelter Advisory Committee (ASAC) approved several changes to Chapter 3 of the City’s Code of Ordinance as they relate to free- roaming cats feral or domesticated. This will be the first public hearing on the proposed changes in attached ordinance.
History: The ASAC heard testimony from citizens concerned about feral and roaming domesticated cats (termed free-roaming community cats) and the city’s current procedures set to handle these issues. Citizen input was overwhelmingly supportive of establishing a Trap-Neuter-Return-Maintain (TNRM) program to better handle the free- roaming cat population. Free roaming cats can and have been a nuisance in the city. Historically, the city’s Animal Control Division has followed a process in which cats are trapped and if unadoptable, euthanized. However, this current process has not had a significant impact on reducing the cat population. TNRM programs across the nation have shown effectiveness at reducing free roaming cat populations. Staff believes that a TNRM program in San Angelo may help solve the problem in the long run through a steady TNRM process.
A TNRM program involves humanely trapping free-roaming community cats, having them vaccinated, spayed/neutered, and eartipped before returning them to their outdoor home. As a result, the birth of new kittens in the colony slows down and eventually ends when all the cats are spayed/neutered. In addition, socialized cats and kittens are spayed/neutered and then often put up for adoption, causing an immediate reduction in the population size.
Financial Impact: No immediate impact to the city’s budget. Potential long term savings due to reduction of free roaming cat population. Related Vision Item (if Neighborhood Vision – Establish appropriate regulations to protect neighborhoods. applicable): Other Information/ Staff recommends approval of the amendments to the ordinance. Recommendation: Attachments: Ordinance with proposed changes
Presentation: PP slides
Publication: None.
Reviewed by Director: Robert Salas, Neighborhood & Family Services. Approved by Legal: 12/5/2014
AN ORDINANCE OF THE CITY OF SAN ANGELO, TEXAS, AMENDING CHAPTER 3, ENTITLED “ANIMAL CONTROL”, OF THE SAN ANGELO CODE OF ORDINANCES, MORE PARTICULARLY BY AMENDING ARTICLE 3.01, ENTITLED “GENERAL PROVISIONS”, TO ADD NEW DEFINED TERMS; AMENDING ARTICLE 3.05, ENTITLED “IMPOUNDMENT”, TO ADDRESS IMPOUNDMENT AND RELEASE OF FREE-ROAMING COMMUNITY CATS; AND TO ADD A NEW ARTICLE 3.10, ENTITLED “FREE-ROAMING COMMUNITY CATS” IN ORDER TO ALLOW AND REGULATE FREE-ROAMING COMMUNITY CATS, AND ESTABLISHING REQUIREMENTS FOR FREE-ROAMING COMMUNITY CAT CAREGIVERS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, rampant growth of the feral, stray and free-roaming cat population within the City of San Angelo (“City”) poses a significant health and safety risk to the citizens of the City; and
WHEREAS, the City endorses the potential for trap-neuter-return-maintain (TNRM) policies as a mechanism to stabilize and reduce existing feral and free roaming cat populations and address potential disease concerns by establishing rules and regulations for free-roaming community cat colony caregivers to ensure feral and free roaming cats are spayed or neutered and provided appropriate vaccinations; and
WHEREAS, an effective TNRM program should have codified requirements for the management of free-roaming community cat colonies including procedures for keeping adequate records, remedying nuisance situation, and the enforcement of the TNRM program’s requirements; and
WHEREAS, an effective TNRM program requires a clear delineation of the responsibilities of free-roaming community cat colony caregivers and as distinct from the responsibilities of the owners of domestic cats; and WHEREAS, the public health and welfare requires methods to ensure that feral and free roaming cats are immunized against disease, provided with veterinary care when feasible, and safely neutered under the care of a veterinarian; and
WHEREAS, it is in the public interest to protect environmentally sensitive areas from damage due to free-roaming community cat colonies; and
WHEREAS, it is in the legitimate interest of the City of San Angelo to protect the health, safety, and welfare of feral cats and residents by setting reasonable standards for the management of feral and free roaming cats; and
WHEREAS, City recognizes the need for innovation in addressing the issues presented by feral and free roaming cats, recognizes the need for free-roaming community cat caregivers, and acknowledges that, if properly managed, euthanasia of feral and free roaming cats will no longer be necessary.
WHEREAS, City Council after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City and its citizens to amend its Animal Control Ordinance as hereinafter set forth.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS:
Section 1) THAT, the recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2) THAT, Chapter 3, entitled “Animal Control” is amended in the following particulars:1
“CHAPTER 3
ANIMAL CONTROL
ARTICLE 3.01 GENERAL PROVISIONS
1 Words or figures stricken through shall be deleted. Underscored words or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Sec. 3.01.001 Definitions
As used in this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:
Altered Animal. An animal rendered unable to procreate by vasectomy, tubal ligation, spay or neutering.
Animals. Any living vertebrate creature.
Animal Breeder. An owner of an unaltered dog or cat that sells, trades, or gives away the offspring of the unaltered dog or cat.
Cat. All members of the feline family of either sex including one neutered or sterilized.
Free-Roaming Community Cat: A cat that is abandoned, stray, lost or feral and cared for by a free- roaming community cat caregiver pursuant to this Chapter.
Free-roaming Community Cat Caregiver: A person who, in accordance with the Trap-Neuter-Return- Maintain Program defined in this Chapter:
(1) Provides care, including food, water, and shelter where possible, makes provisions for appropriate vaccinations, and medical care to a free-roaming community cat; or
(2) Has temporary custody over a free-roaming community cat.
A Free-roaming free-roaming community cat caregiver shall not be considered the owner or keeper of a free-roaming community cat.
Free-roaming Community Cat Colony: Any number of cats that congregate, more or less, together as a group and are managed by a free-roaming community cat caregiver. While not every cat in a colony may be feral or stray, any cat that congregates with free-roaming community cats is deemed part of a free-roaming community cat colony.
Dog. All members of the canine family of either sex including one neutered or sterilized, except that a dog used for law enforcement by a governmental entity is an instrumentality of the law enforcement officer and is subject only to the rabies provisions of this chapter or as mandated by state law.
Ear Tipping: The surgical removal of one third (1/3) of the end of a cat’s left ear under general anesthesia. This procedure is performed by, or under the direct supervision of, a licensed veterinarian typically during the sterilization process. Ear tipping is a widely accepted means of identifying if a free-roaming community cat is already sterilized, as it prevents that cat the stress of another unnecessary surgery. It is preferable that female cats are ear tipped on the left ear and male cats have their right ear tipped.
Harbors or Harboring. The act of keeping or caring for an animal.
Multi-Pet Owner. A person who keeps or harbors more than seven dogs, other than puppies under four months of age.
Neutered. Surgically sterilized sexually, that is, spayed or castrated.
Nuisance: For purposes of Article 3.10, conduct by domesticated or free-roaming community cats that cause property damage or that disturb the peace. Stray, free-roaming or free-roaming community cats may create a nuisance by (a) habitually or continually howling, crying, or screaming, or (b) habitually and significantly destroying, desecrating or soiling property against the wishes of the owner of the property, or (c) causing significant damage to natural resources.
Owner. Any person, firm, corporation, company or association who has, harbors, keeps or causes or permits to be harbored or kept, or has in his care or who permits a dog, or cat or other animal to remain on or about his premises for a period of three (3) days or more. A person, firm, corporation, company or association shall not be deemed the owner or custodian of an animal when the animal is free-roaming native wildlife or a free-roaming community cat.
Pot Bellied Pig. The common name of animals otherwise scientifically known as Sus Scrofa Domestica.
Prohibited Animal. An animal including but not limited to the following:
(1) Any animal protected or endangered according to state or federal laws. (2) Class Reptilia: All venomous snakes, venomous lizards and other venomous animals within the Class Reptilia and animals in the Order Crocodilia.
(3) Class Mammalia: Order Carnivora, Family Felidae (Ocelots, panthers, bobcats, margay, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the Family Canidae (wolves, dingoes, coyotes, foxes and jackals), except domesticated dogs; Family Hyaenidae (hyenas); Family Mustelidae, (weasels, skunks, martins, mink and badgers) except ferrets; Family Procyonidae (raccoon); Family Ursidae (bears); and Order Marsupialia (kangaroos and common opossums); Order Edentata (anteaters) except armadillos; Order Proboscidea (elephants); Order Primate (monkeys, chimpanzees and gorillas); Order Rodentia (porcupines); Order Ungulata (antelope, deer, bison and camels); and Order Artiodactyla, Family Suidae (wild boars) and Family Tayassuidae (javelina).
Temporary. Only the time necessary to carry out the authorized activity.
Trap-Neuter-Return-Maintain: The process of humanely trapping, sterilizing, vaccinating for rabies, ear tipping, returning free-roaming community cats to their original location, and maintain the free- roaming community cat colony.
Unaltered animal. An animal that has not been rendered unable to procreate by vasectomy, tubal ligation, spay or neutering.
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ARTICLE 3.05 IMPOUNDMENT
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Sec. 3.05.002 Impoundment periods for non-identifiable and owner identifiable animals or free-roaming community cats
(a) An impounded animal not exhibiting an identification tag or microchip shall be kept for three (3) business days excluding the date of impoundment. (b) An impounded animal exhibiting an identification tag or microchip shall be kept for seven (7) business days excluding the day of impoundment, during which period the animal services manager or designee will notify the owner identified on such tag or microchip by personal contact or mail to the address identified on the tag or microchip of the impounded animal. If the owner of an impounded animal does not claim the animal within the prescribed seven (7) business days, disposition of the animal will be made as provided under section 3.05.005.
(c) An ear tipped cat shall not be impounded under this section unless a complaint has been lodged against the cat pursuant to other applicable sections of this Chapter or if it has been trapped.
(d) Immediately upon impounding an ear tipped cat, the Animal Services Division shall make reasonable effort to notify the appropriate free-roaming community cat sponsoring organization and inform the organization of the conditions under which the ear tipped cat may be redeemed. If the appropriate free-roaming community cat sponsoring organization is unknown or cannot be located, the ear tipped cat shall be assigned an impoundment identification number and kept and for the appropriate impoundment period described in this Section.
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Sec. 3.05.004 Redemption of impounded owner identifiable animals or free-roaming community cats
(a) The owner or free-roaming community cat caregiver of any impounded animal shall redeem such animal during normal hours of operation of the city animal shelter in accordance with the procedures established under this section.
(b) No impounded animal shall be redeemed unless approved for redemption by the director of animal services. To obtain approval for redemption, the owner or free-roaming community cat caregiver shall:
(1) Present proof of participation in a free-roaming community cat colony or ownership, current registration, current rabies vaccination, and alteration of the animal; and (2) Pay all applicable fees, costs and expenses incurred in the seizure, impoundment and redemption of the animal, including but not limited to an impoundment fee, daily boarding fees, and fees for alteration, vaccination and registration.
(c) No impounded animal or free-roaming community cat shall be redeemed without current annual registration or proof of participation in a free-roaming community cat colony and current rabies vaccination and shall be registered and vaccinated before redemption by the owner or free- roaming community cat caregiver. If the owner or free-roaming community cat caregiver fails to provide proof of current registration or proof of participation a free-roaming community cat colony or current rabies vaccination, the director of animal services shall register and vaccinate such impounded animal, as required.
(d) If the owner or free-roaming community cat caregiver fails to provide proof of alteration and the animal is unaltered, the director shall transfer the animal to a designated veterinary facility for alteration. If an animal is transferred for alteration, the director of animal services will inform the owner or free-roaming community cat caregiver of the name and location of the veterinary facility and the date and time of release. Animals will only be released to the owner or free-roaming community cat caregiver upon presentation to the veterinary facility of redemption approval.
(e) No unaltered impounded animal shall be redeemed, except under the following circumstances:
(1) The owner or free-roaming community cat caregiver pays an unaltered animal fee as provided for in the fee schedule under appendix A, section A1.006 of this code (unaltered animal fee);
(2) The owner or free-roaming community cat caregiver obtains a waiver from the health director of the unaltered animal fee as provided for in the fee schedule under appendix A, section A1.006 of this code (unaltered animal fee); or
(3) The owner obtains a letter from a veterinarian stating health reasons as a waiver of alteration of the unaltered impounded animal.
(4) Consideration may be given, but does not guarantee waiver to alteration, if the owner provides proof of registration of the unaltered impounded animal from a nationally recognized kennel association. This exception to the requirement of alteration may not be invoked more than two (2) times for the same owner.
Sec. 3.05.005 Disposition of animals upon expiration of impoundment period
(a) Upon expiration of the impoundment periods prescribed under section 3.05.002 of this article, an impounded animal is eligible for adoption in accordance with sections 3.02.041 through 3.02.044 of this chapter.
(b) The director of animal services has the discretion to humanely euthanize any impounded animal that remains in the city animal shelter after expiration of the impoundment period and is not adopted.
(c) Animal Services shall not purposefully release for adoption any animal that has previously caused a nuisance, bitten a person, is aggressive or is potentially dangerous.
* * * * *
ARTICLE 3.10 FREE-ROAMING COMMUNITY CATS
Sec. 3.10.001 Trap-Neuter-Return-Maintain Program
(A) Organizations or individuals that engage in Trap-Neuter-Return-Maintain are required to register through a sponsoring organization. Organizations performing or supporting Trap-Neuter- Return-Maintain in the City of San Angelo shall identify and nominate a free-roaming community cat sponsoring organization, which may be approved and recognized by the Animal Shelter Advisory Committee. (B) Responsibilities of a free-roaming community cat sponsoring organization: 1. A free-roaming community cat sponsoring organization shall make available to the public information about Trap-Neuter-Return-Maintain and free-roaming community cats, 2. A free-roaming community cat sponsoring organization shall notify the appropriate free-roaming community cat caregiver when notified by the Animal Services Division about an impounded ear tipped cat, 3. A free-roaming community cat sponsoring organization shall provide a point of contact to the Animal Services Division for the coordination of Trap-Neuter-Return- Maintain, calls about at large cats, and calls about complaints related to free-roaming community cats, 4. A free-roaming community cat sponsoring organization shall encourage free- roaming community cat caregivers to vaccinate free-roaming community cats for FVRCP, 5. A free-roaming community cat sponsoring organization shall encourage free- roaming community cat caregivers to provide microchip implants for free-roaming community cats. (C) Responsibilities of a free-roaming community cat caregiver: 1. Free-roaming community cats must be trapped using humane trapping techniques, 2. Free-roaming community cats must be assessed by a veterinarian and deemed healthy at the time of spay/neuter surgery, 3. Free-roaming community cats must be spayed or neutered, 4. Free-roaming community cats must be vaccinated for rabies, 5. Free-roaming community cats must be ear tipped, 6. Free-roaming community cats must be fed at least one hundred fifty (150) feet away from primary and secondary schools and daycare facilities, 7. Free-roaming community cats must be kept away from and may not be fed in designated wildlife areas, 8. Free-roaming community cat bites must be reported to the Animal Services Division as required by state law, 9. Free-roaming community cat caregivers must obtain written authorization from appropriate property owners to be on private property to provide free-roaming community cat colony care, and 10. Free-roaming community cat caregivers must obtain proper medical attention required for any free-roaming community cat. (D) Responsibilities of Animal Services Division: 1. Persons that contact the Animal Services Division about stray or free-roaming community cats shall be provided information about Trap-Neuter-Return-Maintain and referred to an appropriate free-roaming community cat sponsoring organization, 2. Animal Services Division shall scan all impounded cats for a microchip, 3. The Animal Services Division, along with the Animal Shelter Advisory Committee and free-roaming community cat sponsoring organizations, may develop policies and procedures for humane trapping and disposition of free-roaming community cats for the purpose of eliminating a public health or safety threat, a nuisance, or for the welfare of the animal.
Sec. 3.10.002 Nuisance
(A) A free-roaming community cat causing a nuisance may be impounded and handled consistent with the protocol for a domestic cat which is creating a nuisance or returned to the free- roaming community cat caretaker for identification of alternative solutions. A free-roaming community cat shall not be returned to the location from which it has been twice removed as a nuisance. Free-roaming community cats repeatedly trapped on private property or that otherwise continue to cause a nuisance will be reported to the appropriate free-roaming community cat sponsoring organization.
(B) A property owner may humanely abate a nuisance caused by a free-roaming community cat on the owner’s private property.
(C) The creation of free-roaming community cat colonies does not diminish the right of individual private property owners to trap and have Animal Services Division remove stray animals from their property in accordance with established procedures of the Animal Services Division.
(D) The free-roaming community cat caretaker of a free-roaming community cat repeatedly reported as a nuisance will be provided thirty (30) days to resolve the issue. In the event the free- roaming community cat caretaker is unable to resolve the problem, the Animal Shelter Director, along with the appropriate free-roaming community cat sponsoring organization, will discuss the disposition of the free-roaming community cat.
Sec. 3.10.003 Liability.
Nothing in this article shall be construed as an assumption of liability by the City of San Angelo for any injuries (including death) to persons, pets, or property, or any other claim which may result from the maintenance of a free-roaming community cat colony pursuant to this Article.” Section 3) THAT, the following penalty clause is adopted with this amendment:
PENALTY:
Any person who violates any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.
Section 4) THAT, the following severability clause is adopted with this amendment:
SEVERABILITY:
That the terms and provisions of this ordinance shall be deemed to be severable in that if any portion of this ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this ordinance.
Section 5) THAT, this Ordinance shall be effective on, from and after the date of adoption.
INTRODUCED on the day of 2014, and finally PASSED, APPROVED and ADOPTED on this the day of , 2014.
CITY OF SAN ANGELO
BY: Dwain Morrison, Mayor ATTEST:
Brian Kendrick, City Clerk
Approved as to content: Approved as to form:
Robert Salas, Director of Lysia H. Bowling, City Attorney Neighborhood and Family Services
City of San Angelo
Memo
Date: January 22, 2015
To: Mayor and Councilmembers
From: Morgan Chegwidden, Budget Division
Subject: Agenda Item for February 3, 2015 Council Meeting
Contact: Morgan Chegwidden, Budget Division, 653-6291
Caption: Regular Item
First public hearing and introduction of an ordinance amending the 2014-2015 budget for new projects, incomplete projects, capital projects, and grants.
Summary: This proposed amendment contains the following items (additional information attached): • Additional Full Time Equivalents • WIC Programs • Increased Group Insurance • North Chadbourne Streetscape Project • Building Improvements Requested by State Office Building Tenants • Solid Waste Billing Charge • Fort Concho Computers
History: See attached Budget Amendment Request Memorandums
Financial Impact: $939,776 (see attached detail on Exhibit A of the ordinance)
Related Vision Item N/A (if applicable):
Other Information/ Staff recommends approval. Recommendation:
Attachments: Ordinance including Exhibit A, additional information, and department request memos
Presentation: Yes
Publication: N/A
Reviewed by Tina Bunnell, Director of Finance, January 28, 2015 Director:
Approved by Legal: N/A
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015, FOR NEW PROJECTS, INCOMPLETE PROJECTS, CAPITAL PROJECTS, AND GRANTS.
WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and
WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and
WHEREAS the resources necessary for these changes are available;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:
The City’s budget for fiscal year 2014-2015 be amended by the amounts contained in Exhibit A.
INTRODUCED on the 3rd day of February, 2015, and APPROVED and ADOPTED on this the 17th day of February, 2015.
CITY OF SAN ANGELO, TEXAS
______Dwain Morrison, Mayor
ATTEST:
______Bryan Kendrick, Interim City Clerk
Approved as to Content and Form:
______Tina Bunnell, Director of Finance
City of San Angelo
Proposed Budget Amendment Exhibit A
Total Total Net Fund Description Revenue Expense Benefit/(Cost) Amendment Amendment
101 General 0 104,922 (104,922) 103 Intergovernmental 58,687 58,687 0 106 TIRZ 506,583 506,583 0 201 State Office Building 50,000 50,000 0 203 Texas Bank Sports 4,556 4,556 0 Complex
230 Solid Waste 0 194,319 (194,319)
420 Fort Concho 17,193 17,193 0 440 Fairmount Cemetery 3,516 3,516 0
Totals 640,535 939,776 (299,241)
City of San Angelo Proposed Budget Amendment Additional Information
Net Benefit/ Project/Need Source of Funding Revenue Expense (Cost)
Additional Full Time General Fund – 0 166,055 (166,055) Equivalents Fund Balance; Solid Waste Revenue Over Expenditure
WIC Programs Department of State 47,571 47,571 0 Health Services Peer Counseling Grant
Increased Group General Fund 31,878 31,878 0 Insurance Operating Budget
North Chadbourne Federal Transit 506,583 506,583 0 Streetscape Project Administration New Freedom Grant
Building Improvements Reimbursement from 50,000 50,000 0 Requested by State tenants Office Building Tenants
Solid Waste Billing Solid Waste 0 133,186 (133,186) Charge Revenue Over Expenditure
Fort Concho Computers Fort Concho 4,503 4,503 0 Donations
Totals 640,535 939,776 (299,241)
SAN ANGELO WATER WARRIORS 3RD GRADE FT. CONCHO ELEMENTARY
Taelye Self Cullen Honea Marshall Flook Seth Mariano WE ARE THE SAN ANGELO WATER WARRIORS!
We are in a competition called the Texas Research Institute for Young Scholars (TRIYS) WE ARE ON A MISSION TO HELP SAN ANGELO TO SAVE WATER!
Water departments across America in drought conditions are looking for creative ways to get their customers to use less water They have realized that nothing gets the people more excited than saving money on their water bill! We are asking the Water Department to give a rebate or a credit on the water bill when residents: Harvest Rainwater Xeriscape their yard Install water saving shower heads or toilets Or use less than the maximum allowed usage per customer per month Tymn Combest, Superintendent of the City of San Angelo Water Quality Department says,
“Harvest rainwater by installing a rain barrel or gutter attachment system. It would need to be approved by a Customer Service Inspector before it would be approved for a rebate. The inspector would ensure the system was installed correctly with no cross connection to the city water system.” “Xeriscape your yard – A “per square foot” rebate could be offered to residents. Xeriscaping can offer the biggest water savings of anything a resident can do.” “Note: You also could offer a rebate for "water saving" shower heads or toilets. Also, some cities give away shower heads and faucet screens because they are cheap and help save water.” TEXAS WATER DEVELOPMENT BOARD • In Texas, rainwater harvesting is not only allowed, it is actively promoted by the state • Rainwater is superior quality: zero hardness, sodium free, and nearly neutral ph • Apart from costs to collect and store the water, rainwater harvesting is free • Rainwater harvesting eliminates the need for costly treatment and distribution systems • Some cities and counties offer rebates and financial incentives to promote rainwater harvesting THE BENEFITS OF XERISCAPING
Lawns and trees are the biggest users of water for most residents. Xeriscaping can cut your water usage by over 50 percent, reduce lawn maintenance, and save thousands of gallons of municipal drinking water per year. Xeriscaping is a long term benefit. Once done, it saves water for years into the future. We must change the way we think in West Texas! When you Xeriscape your yard, you don’t have to push the lawnmower in the hot weather. Benefits Water Saving Shower Heads or Toilets
According to the EPA, a water saving shower head has helped consumers save a total of 757 billion gallons of water O ver $14.2 billion in water and energy bills An average family spends $1,100 per year in water costs, but can save $350 on Water saving shower heads or toilets OUR RESEARCH
• Las Vegas, Nevada – Says “Goodbye to grass!” The Southern Nevada Water Authority pays its customers to remove water guzzling lawns. • This has been the most popular water rebate • Roughly 143 million square feet of ornamental lawns have been converted so far • Pays $1.50 each square foot of grass of removed grass, up to 5,000 sq ft. After that the rebate drops $1 per square feet • SNWA estimates the replacement of a single square foot of grass saves about 55 gallons of water each year SAVE THE RAIN CAMPAIGN SAYS:
How much water can a system save? Depending on your normal usage, it can save 30 to 50% of the treated drinking water from the mains in houses and up to and up to 80% of the treated drinking water in a business or commercial building. How much would this save on water bills? Depending on your normal usage, it can save 30 to 50% for the domestic user and 80% for the commercial user of the treated drinking water from the mains. Having metered water is the best way of appreciating the difference. Who wouldn’t be excited about saving 30% - 50% on their next water bill? Listen to what some of our city leaders are saying…
City Councilman Marty Self says, “You are very tiny, but very smart and good hard workers.” Toni Fox Says…
“Water is Life-Every Drop Counts” Tymn Combest – Says…….
The two most important things the citizens of San Angelo can do to help with the water shortage is implement a rain harvesting system and xeriscape. Those two things will provide the most benefit of anything that can be done.
-- Tymn Combest [email protected] 325.226.0785 There are no more available water sources in our area. With City Council Vision and Support, San Angelo could become the RAINWATER HARVESTING LEADER in Texas!
Thank You!
Questions? Rainwater Harvesting February 17, 2015 Examples of Barrels and Tanks Simple Rain Harvest Systems
• Volumes typically under 100 gallons • Inexpensive and easy to install • Easier to blend in with landscape • Typically used to water plants and foundations Larger Tank System Home of Anthony Wilson - Public Information Officer • Composite shingle roof • Two 1500 gallon tanks with xeriscape • Primary Use – Watering xeriscape lawn Whole House System (next slide) • House is entirely on rainwater • Total catchment surface – 3,700 sq.ft. • Total storage – 12,500 gallons • 1” rain catches 2,200 gallons • Annual harvest – 44,000 gallons • Disinfection – household bleach and carbon filtration • Cost of gutters, tanks, and pump - $8,000 • Physical disconnect from the public water system • Main use – entire house and yard Whole House System Home of Tymn Combest, Water Quality Superintendent COSA Current Projects • Southside Recreation Center • 15,000 gallon storage capacity COSA Current Projects • Water Production Plant • 5,000 gallon and 1,500 gallon tanks • 1,640 sq.ft. surface area • Harvest potential – 20,000 gallons per year Uses For Captured Water • Water Quality Department - Laboratory Use • WQ Lab uses water for QC tests and drinking water • Future use – distilled water wash of city vehicles Potential COSA Locations
The two top buildings have the potential to capture over 200,000 gallons per year each. End of Presentation
City of San Angelo
Memo
Date: February 11, 2015
To: Mayor and Councilmembers
From: Robert Salas, Neighborhood & Family Services
Subject: Agenda Item for 02/17/2015 Council Meeting
Contact: Robert Salas, Neighborhood & Family Services, 655-0824
Caption: Regular
Consideration of adopting a Resolution of the City Council of the City of San Angelo, Texas, in support of the application of Dischinger Development, LLC to be made to the Housing Tax Credit Program through the Texas Department of Housing and Community Affairs for an award and allocation of 2015 Low Income Housing Tax Credit Program funds for the construction of eighty (80) affordable housing apartment units for low to moderate income citizens, known as Outlook at Valleyview, to be located at 2900 Valleyview Blvd Summary: Each year, the Texas Department of Housing and Community Affairs (TDHCA) makes funding available for single and multi-family rental construction projects through a very competitive project selection process. This year , we have LDG Development, LLC, a for profit developer interested in competing for TDHCA funding to build the Valleyview Apartments, an 80-unit affordable rental apartment complex located at 2900 Valleyview Blvd.
History: LIHTC projects are awarded funding through a complex point system which includes monetary and non-monetary city government support. Each project is awarded points by amount of city contributions. LDG is asking council for a general resolution of support in order to make the Valleyview Apt project more competitive.
Financial Impact: None
Related Vision Item (if Neighborhood Vision – to help foster a sense of community and ensure safer applicable): neighborhoods.
Other Information/ None Recommendation:
Attachments: Resolution
Presentation: None
Publication: None
Reviewed by Director: Robert Salas, Neighborhood & Family Services.
Approved by Legal: January 26, 2015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, IN SUPPORT OF THE APPLICATION OF DISCHINGER DEVELOPMENT, LLC TO BE MADE TO THE HOUSING TAX CREDIT PROGRAM THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR AN AWARD AND ALLOCATION OF 2015 LOW INCOME HOUSING TAX CREDIT PROGRAM FUNDS FOR THE CONSTRUCTION OF EIGHTY (80) AFFORDABLE HOUSING APARTMENT UNITS FOR LOW TO MODERATE INCOME CITIZENS, KNOWN AS OUTLOOK AT VALLEYVIEW, TO BE LOCATED AT 2900 VALLEYVIEW BLVD.
WHEREAS, the City of San Angelo, Texas, has a Community Development Program, implemented pursuant to Article 1.06 of the City of San Angelo Code of Ordinances, adopted pursuant to the Texas Community Development Act of 1975, Texas Local Government Code Chapter 373; and,
WHEREAS, one of the primary goals of the Community Development Program is to improve the living and economic conditions of persons of low and moderate income; and,
WHEREAS, Dischinger Development, LLC (DD) intends to submit to the Housing Tax Credit (HTC) Program through the Texas Department of Housing and Community Affairs (TDHCA) for an award and allocation of 2015 competitive nine percent (9%) HTC Program funds for the construction of eighty (80) affordable housing apartment units for low to moderate income citizens, to be known as Outlook at Valleyview, to be located at 2900 Valleyview Blvd, in the City of San Angelo (the “Project”); and,
WHEREAS, consistent with the primary goals of the Community Development Program the City of San Angelo has previously supported federal assistance to encourage construction of qualified Housing Tax Credit development projects; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SAN ANGELO, TEXAS, THAT:
Section 1. The City Council for the City of San Angelo adopts the foregoing recitals as true and correct, and hereby affirms that it supports the application of Dischinger Development, LLC to the Housing Tax Credit (HTC) Program through the Texas Department of Housing and Community Affairs (TDHCA) for an award and allocation of 2015 competitive nine percent (9%) HTC Program funds for the construction of eighty (80) affordable housing apartment units for low to moderate income citizens, known as Outlook at Valleyview, to be located at 2900 Valleyview Blvd. in the City of San Angelo, Texas.
Section 2. That this resolution shall take effect immediately from and after its adoption.
PASSED, APPROVED, AND ADOPTED this day of , 2015.
CITY OF SAN ANGELO
______Dwain Morrison, Mayor ATTEST:
BY: ______Bryan Kendrick, Interim City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
______Robert Salas, Neighborhood & Family Lysia H. Bowling, City Attorney Services Director
ROUNDING OUT 2014 • Collaboration between Chamber and COSADC has been formalized and is very effective. • Marketing & Recruitment is staffing a permanent field office at the Business Resource Center. • The collaborative BRC team continues to work closely with Downtown San Angelo, Inc. and Concho Valley Workforce. PROSPECTIVE TRANSACTIONS • COSADC and Chamber Marketing & Recruitment are working closer than ever to continue our cohesive, organized and assertive and measurable recruitment of employers in the region and out of state. • This employer target list consists of Targeted Industries that will provide competitive pay structures and add to the diversity of our employer base. PROSPECTIVE EMPLOYERS FROM OUT OF STATE • Heavy Equipment Company that assembles heavy construction equipment like cranes and earth movers. • 150 person contact center relocating from out of state. • Artisanal organic dairy food producer. PROSPECTIVE EMPLOYERS IN STATE, BUT OUTSIDE OF REGION • Energy Brokerage Firm • Full-Service Homebuilder & Commercial Contractor BUSINESS RETENTION & EXPANSION • Collaborated with COSADC to standardize the basic BREP eligibility qualifications. • Hosted instructional meetings at the BRC, led by Robert Schneeman, where we discussed with our partners the variety of advantages of the BREP and how to properly discuss them when meeting with a potentially eligible candidate employer. SAN ANGELO BUSINESS & INDUSTRIAL PARK INDUSTRIAL PARK - FOURTH QUARTER • Assembled marketing materials (aerials, plat maps, surveys, utility availability, etc...) along with information and data produced by the Certification program that is presently underway. • UAV overflights of the Center have been completed and are now in editing and narration phase. • The certification of the Park is approximately 70% complete. INDUSTRIAL PARK - FOURTH QUARTER • Upon receipt of remaining collateral materials and Certification details, assemble all materials into print marketing packages for tours and mail delivery. • Certification information to be incorporated into marketing materials to create the micro-website dedicated to the promotion of the Park and regional strengths. FOURTH QUARTER TRADE SHOW MARKETING • ICSC TEXAS Conference and Deal Making Report. • November 12 – 14, 2014 - Dallas, Texas. • 993 booths in the convention center, approximately 35% were representatives from Texas Economic Development Corporations and Chambers of Commerce. • San Angelo booth was visited over the course of the conference by approximately 220 individuals and groups. ICSC DALLAS – NOVEMBER 2014
Interview with Adrian Arriaga, Capital Markets Overview With Ken developer and TREC Becker, Sweetwater, Texas Commissioner Economic Development Director ICSC DALLAS – NOVEMBER 2014 City Council February 17, 2015 SAN ANGELO CONVENTION & VISITORS BUREAU CONVENTION ACTIVITIES 2014 4th Quarter October-December
• Assisted with 19 conventions, meetings, sporting events or motor coach tours • Projected attendance: 51,620 • Projected room nights: 2,492 • Average length of days spent: 3 days • Total Economic Impact: $6,276,230 2014 End of Year-Visitor Center Sign In
9,605 Out of Town Visitors Top 10 Texas Cities (in ascending order)
• Houston Austin • San Antonio Lubbock • Odessa Fort Worth • Abilene Amarillo • Midland Dallas Advertising
• Billboard
• On-Line
• Television Tradeshows/Events
• Texas State Fair
• Albuquerque Balloon Festival
• YMRC Your Military Reunion Connection
• Texas Municipal League
• TEAMS Sports Conference
• Lucas Oil Nationals Top 5 Out of State
• New Mexico
• Florida
• Oklahoma
• Colorado Top 5 International
• Canada
• United Kingdom
• Germany
• Japan
• South Korea 2014 Concho Christmas Celebration Survey Recap
• Total Cars 15, 092 • Surveys Returned 7, 219 47.83% • 26% were from outside of San Angelo • 74% In Town • 268 other Texas Cities, 30 other States and Mexico • Hotel Room Nights 572 • Camping Nights 221 Top Visitation within Texas came from (In descending order) • Ballinger • *Odessa • El Dorado • Mertzon • *Midland • Snyder • *Del Rio • Sonora • Big Lake • Sterling City • Big Spring • *Lubbock • *Brady * Signifies Billboard
City of San Angelo
Memo
Date: February 5, 2015
To: Mayor and Councilmembers
From: Tina Bunnell, Director of Finance
Subject: Agenda Item for February 17, 2015 Council Meeting
Contact: Tina Bunnell, Director of Finance, 657-4270
Caption: REGULAR Item
Consider adoption of an ordinance authorizing the issuance and sale of City of San Angelo, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2015; levying an annual ad valorem tax and providing for the security for and payment of said certificates; approving the official statement; providing an effective date; and enacting other provisions relating to the subject.
Summary: Adopt an ordinance for the issuance of Series 2015 Certificates of Obligation. Series 2015 certificates are associated with the following projects related to Public Safety:
1. Fire Training Center, 2. Fire Station #4, 3. P-25 Radio Equipment and Expansion, and 4. Communication Technology Upgrade.
History: Publication of notice of intention to issue combination tax and limited surplus revenue Certificates of Obligation was approved by the City Council on January 6, 2015. Financial Impact: Debt service obligation associated with issuance: $13,650,000
Related Vision Item (if applicable):
Other Information/ Staff recommends approval of ordinance to issue 2015 Certificates of Obligation. Recommendation:
Attachments: 2015 Series Ordinance
Presentation: Power Point presentation
Publication: None
Reviewed by Michael Dane, Assistant City Manager, February 5, 2015 Director:
Approved by Legal:
ORDINANCE NO. ______
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN ANGELO, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; APPROVING THE OFFICIAL STATEMENT; PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS § COUNTY OF TOM GREEN § CITY OF SAN ANGELO §
WHEREAS, the City Council of the City of San Angelo, Texas (the "Issuer"), deems it advisable to issue Certificates of Obligation in the amount and for the purposes hereinafter set forth;
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Subchapter B, Chapter 1502, Government Code;
WHEREAS, the City Council has heretofore passed a resolution authorizing and directing the City Clerk to give notice of intention to issue Certificates of Obligation, and said notice has been duly published in a newspaper of general circulation in said City, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code;
WHEREAS, the City received no petition from the qualified electors of the City protesting the issuance of such Certificates of Obligation;
WHEREAS, it is considered to be to the best interest of the City that said interest-bearing Certificates of Obligation be issued; and
WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov’t Code Ann. ch. 551; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The certificates of the City of San Angelo, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $13,650,000 for paying all or a portion of the Issuer's contractual obligations incurred in connection with or a portion of the City's contractual obligations to be incurred in connection with: (i) acquiring, constructing, installing and equipping public safety facilities and equipment consisting of a fire station, fire training facility, equipment and vehicles for the fire and police departments, radio tower, and communications equipment and software; and (ii) legal, fiscal, design and other professional fees in connection with such projects (collectively, the "Project").
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND INTEREST RATES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated: "CITY OF SAN ANGELO, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2015," and initially there shall be issued, sold, and delivered hereunder one fully registered certificate, without interest coupons, dated February 15, 2015, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with certificates issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial certificate being made payable to the initial purchaser as described in Section 9 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates shall mature and be payable serially on February 15 in each of the years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OF CERTIFICATE set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the rates per annum, as set forth in the following schedule:
Principal Interest Principal Interest Years Amount Rates Years Amount Rates 2016 2,820,000 2026 300,000 2017 1,035,000 2027 310,000 2018 1,055,000 2028 320,000 2019 1,075,000 2029 325,000 2020 1,095,000 2030 335,000 2021 1,120,000 2031 345,000 2022 1,140,000 2032 355,000 2023 280,000 2033 375,000 2024 290,000 2034 385,000 2025 295,000 2035 395,000
The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate" shall mean any of the Certificates.
Section 3. CHARACTERISTICS OF THE CERTIFICATES.
(a) Appointment of Paying Agent/Registrar. The Issuer hereby appoints BOKF, N.A. dba Bank of Texas, Austin, Texas, to serve as paying agent and registrar for the Certificates (the "Paying Agent/Registrar"). The Mayor or City Manager is authorized and directed to execute and deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented at this meeting.
(b) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept at the corporate trust office of the Paying Agent/Registrar books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided within three days of presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the
2 registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate.
(c) Authentication. Except as provided in subsection (i) of this section, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts.
(d) Payment of Principal and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice.
(e) Payment to Registered Owner. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Registration Books as the absolute owner of such Certificate for the purpose of payment of principal and interest with respect to such Certificate, for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall
3 receive a Certificate certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance.
(f) Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(g) Substitute Paying Agent/Registrar. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar.
(g) Book-Entry Only System. The Certificates issued in exchange for the Certificates initially issued to the purchaser or purchasers specified herein shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities thereof and the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company of New York ("DTC"), and except as provided in subsections (i) and (j) of this Section, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC.
(h) Blanket Letter of Representations. The previous execution and delivery of the Blanket Letter of Representations with respect to obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable to the Certificates. Notwithstanding anything to the contrary contained herein, while the Certificates are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict.
(i) Certificates Registered in the Name of Cede & Co. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Certificates, as shown on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC Participant or any other person, other than a
4 registered owner of Certificates, as shown in the Registration Books of any amount with respect to principal of or interest on the Certificates. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(j) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance.
(k) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC.
(l) General Characteristics of the Certificates. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the Registered Owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificates initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Certificate, in the FORM OF CERTIFICATE set forth in this Ordinance.
(m) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entire principal amount of the Certificates, payable in stated installments to the order of the initial purchaser of the Certificates or its designee, executed by manual or facsimile signature of the Mayor and City Clerk, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Certificate, the Paying Agent/Registrar shall insert the Delivery Date on Certificate No. T-1, cancel each of the initial Certificates and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to participate in DTC's FAST System,
5 pursuant to an agreement between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive Certificates in safekeeping for DTC.
Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance.
(a) Form of Certificate.
NO. R- PRINCIPAL UNITED STATES OF AMERICA AMOUNT STATE OF TEXAS $______CITY OF SAN ANGELO, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2015
Interest Rate Delivery Date Maturity Date CUSIP No. ______February 15, ____
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the City of San Angelo, in Tom Green County, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30- day months) from the Delivery Date specified above at the Interest Rate per annum specified above. Interest is payable on August 15, 2015, and semiannually on each February 15 and August 15 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of BOKF, N.A. dba Bank of Texas, Austin, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying
6 Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due.
THIS CERTIFICATE is one of a series of Certificates dated February 15, 2015, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $13,650,000 for paying all or a portion of the Issuer's contractual obligations incurred in connection with (i) acquiring, constructing, installing and equipping public safety facilities and equipment consisting of a fire station, fire training facility, equipment and vehicles for the fire and police departments, radio tower, and communications equipment and software; and (ii) legal, fiscal, design and other professional fees in connection with such projects.
ON FEBRUARY 15, 2024, or on any date thereafter, the Certificates of this series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption.
IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either been deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available funds sufficient to redeem all the Certificates called for redemption, such notice may state that it is conditional, and
7 is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow agent at or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of redemption was given that such moneys were not so received and shall rescind the redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Certificates or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
8 IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this Certificate is additionally secured by and payable from a limited pledge of the Surplus Revenues of the Issuer's waterworks and sewer system remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are payable from all or part of said revenues, all as provided in the Certificate Ordinance.
THE ISSUER HAS RESERVED THE RIGHT to amend the Certificate Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners of a majority in aggregate principal amount of the outstanding Certificates.
BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor of the Issuer (or in his absence, by the Mayor Pro Tem) and countersigned with the manual or facsimile signature of the City Clerk of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate.
(signature) (signature) City Clerk Mayor
(SEAL)
(b) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
9 Dated: . BOKF, N.A. dba BANK OF TEXAS Austin, Texas Paying Agent/Registrar
By: Authorized Representative
(c) Form of Assignment.
ASSIGNMENT (Please print or type clearly)
For value received, the undersigned hereby sells, assigns and transfers unto:
Transferee's Social Security or Taxpayer Identification Number: Transferee's name and address, including zip code: the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: .
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an NOTICE: The signature above must correspond with eligible guarantor institution participating in a the name of the registered owner as it appears upon securities transfer association recognized signature the front of this Certificate in every particular, guarantee program. without alteration or enlargement or any change whatsoever.
(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this .
Comptroller of Public Accounts of the State of Texas
10 (COMPTROLLER'S SEAL)
(e) Initial Certificate Insertions.
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except that:
A. immediately under the name of the Certificate, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE CITY OF SAN ANGELO, TEXAS, in Tom Green County, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 15 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule:
Years Principal Installments Interest Rates
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360- day year of twelve 30-day months) from the Delivery Date specified above at the respective Interest Rate per annum specified above. Interest is payable on August 15, 2015, and semiannually on each February 15 and August 15 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full."
C. The Initial Certificate shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer as a separate fund or account and the funds therein shall be deposited into and held in an account at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be accounted for separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Certificates. All amounts received from the sale of the Certificates as accrued interest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing
11 body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principal matures (but never less than 2% of the original amount of said Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Certificates are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
(b) The Certificates are additionally secured by a limited pledge, not to exceed $1,000, of revenues of the Issuer's waterworks and sewer system that remain after the payment of all maintenance and operation expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are secured by a lien on all or any part of the net revenues of the Issuer's waterworks and sewer system, constituting "Surplus Revenues". The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to subsection (a) of this section, to the extent necessary to pay the principal and interest on the Certificates. Notwithstanding the requirements of subsection (a) of this section, if Surplus Revenues or other lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent and by the amount of the Surplus Revenues or other lawfully available funds then on deposit in the Interest and Sinking Fund.
(c) Article 1208, Government Code, applies to the issuance of the Certificates of Obligation and the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Certificates of Obligation are outstanding and unpaid, the result of such amendment being that the pledge of the taxes and Surplus Revenues granted by the Issuer under this Section and Section 8, respectively, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Certificates of Obligation a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur.
Section 6. DEFEASANCE OF CERTIFICATES.
(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be
12 secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Certificates.
(d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by such random method as it deems fair and appropriate.
Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of
13 such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any such Certificate shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates.
Section 8. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed by the Certificates (the "Project") are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any)
14 is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Certificates, other than investment property acquired with –
(A) proceeds of the Certificates invested for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates;
(7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings);
(8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and
(9) to assure that the proceeds of the Certificates will be used solely for new money.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Certificateholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code.
(c) Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings
15 are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code.
(d) The Issuer hereby authorizes and directs the Mayor, City Manager and Finance Director to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates.
(e) Allocation Of, and Limitation On, Expenditures for the Project. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records in accordance with the requirements of the Internal Revenue Code. The Issuer recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the Issuer recognizes that in order for proceeds to be expended under the Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Issuer agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest.
(f) Disposition of Project. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax- exempt status of the Certificates. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest.
(g) Reimbursement. This Ordinance is intended to satisfy the official intent requirements set forth in section 1.150-2 of the Treasury Regulations.
Section 9. SALE OF CERTIFICATES AND APPROVAL OF OFFICIAL STATEMENT; FURTHER PROCEDURES.
(a) The Certificates are hereby sold and shall be delivered to ______(the "Purchaser"), for cash for the par value thereof and accrued interest thereon to date of delivery (accrued interest to be deposited into the Interest and Sinking Fund, plus a cash premium of $______($______premium to be deposited into the Construction Fund and $______premium to be applied to costs of issuance). The Certificates shall initially be registered in the name of such Purchaser or its designee. It is officially found, determined, and declared that the Certificates have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement prepared
16 and distributed in connection with the sale of the Certificates, and that the terms of this sale are the most advantageous reasonably obtainable. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the governing body of the Issuer, and their use in the offer and sale of the Certificates is hereby approved.
(b) The Issuer hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated February 10, 2015, prior to the date hereof is hereby ratified and confirmed.
(c) The Mayor, City Manager, City Clerk and Finance Director, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such documents, certificates and instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale of the Certificates and the Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. In addition, if bond insurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor, and the Mayor is hereby authorized to execute such engagement letter.
Section 11. INVESTMENT AND SECURITY OF FUNDS. (a) Interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other certificate proceeds for the Project; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,
17 however, that any interest earnings on certificate proceeds that are required to be rebated to the United States of America pursuant to Section 9 hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section.
(b) The Issuer may place proceeds of the Certificates (including investment earnings thereon) and amounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer hereby covenants that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which the Certificates are issued.
(c) All deposits authorized or required by this Ordinance shall be secured to the fullest extent required by law for the security of public funds.
Section 12. CONSTRUCTION FUND.
The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate fund to be entitled the "Series 2015 Certificate of Obligation Construction Fund" for use by the Issuer for payment of all lawful costs associated with the acquisition and construction of the Project as hereinbefore provided. Upon payment of all such costs, any moneys remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund and used in the manner described in Section 5 of this Ordinance.
Section 13. COMPLIANCE WITH RULE 15c2-12.
(a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports.
(i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by the MSRB, (A) within six months after the end of each fiscal year ending in or after 2015, financial information and operating data with respect to the Issuer of the general type included in the final Official under Tables 1-6 and 8 through 15; and (B) within 12 months after the end of each fiscal year ending in or after 2015, audited financial statements, if the Issuer commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the Issuer will provide unaudited financial information of the type in the numbered tables described above by the required time and will provide the Issuer's annual audited financial statements when and if such audited financial statements become available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit B to the Official Statement or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial
18 information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document that is available to the public on the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(c) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Certificateholders;
3. Certificate calls;
4. Release, substitution, or sale of property securing repayment of the Certificates;
5. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; and
6. Appointment of a successor or additional trustee or the change of name of a trustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the following events with respect to the Certificates, without regard to whether such event is considered material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial difficulties;
3. Unscheduled draws on credit enhancements reflecting financial difficulties;
4. Substitution of credit or liquidity providers, or their failure to perform;
5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates;
6. Tender offers;
7. Defeasances;
19 8. Rating changes; and
9. Bankruptcy, insolvency, receivership or similar event of an obligated person.
(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (b) of this Section by the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments.
(i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes Certificates no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws.
(v) Should the Rule be amended to obligate the Issuer to make filings with or provide notices to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect to the Certificates in accordance with the Rule as amended. The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in
20 aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided.
Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principal amount 51% of the aggregate principal amount of then outstanding Certificates that are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Certificates so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Certificates or any of them or impose any condition with respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of Certificates necessary for consent to such amendment.
21 (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the proposed amendment and cause notice of the proposed amendment to be published at least once in a financial publication published in The City of New York, New York or in the State of Texas. Such published notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates.
(d) Whenever at any time within one year from the date of publication of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Certificates then outstanding that are required for the amendment, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment.
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Certificate during such period. Such consent may be revoked at any time after six months from the date of the publication of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted revocation, consented to and approved the amendment.
(g) For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely upon the registration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar.
Section 15. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Certificates when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Certificates, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the City.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the
22 Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Registered Owners of Certificates then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers or employees of the City or the City Council.
Section 16. APPROPRIATION. To pay the debt service coming due on the Certificates, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose.
Section 17. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council.
Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect.
(Execution Page Follows)
23 APPROVED AND ADOPTED ON THE 17th DAY OF FEBRUARY, 2015.
THE CITY OF SAN ANGELO, TEXAS
Dwain Morrison, Mayor Attest:
______Bryan Kendrick, City Clerk
Approved As to Form: Approved As to Content:
Leroy Grawunder, Jr. Michael Dane, Assistant City Manager/ McCall, Parkhurst & Horton L.L.P. Chief Financial Officer
[CITY SEAL] EXHIBIT A
Annual Financial Statements and Operating Data
The following information is referred to in Section 13(b) of this Ordinance:
The financial information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below:
-- Tables 1 through 6, inclusive, and 8 through 15, inclusive
-- APPENDIX B (FINANCIAL INFORMATION OF THE TYPE IN THE NUMBERED TABLES DESCRIBED ABOVE FOR THE LAST COMPLETED FISCAL YEAR WHICH WILL BE UNAUDITED, UNLESS AN AUDIT IS PERFORMED IN WHICH EVENT THE AUDITED FINANCIAL STATEMENTS WILL BE MADE AVAILABLE)
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph above.
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A-1
City of San Angelo
Memo
Date: February 5, 2015
To: Mayor and Councilmembers
From: Tina Bunnell, Director of Finance
Subject: Agenda Item for February 17, 2015 Council Meeting
Contact: Tina Bunnell, Director of Finance, 657-4270
Caption: REGULAR Item
Consider adoption of a resolution providing for the substitution of the paying agent/registrar for certain of the City's outstanding debt issues; appointing a paying agent/registrar and authorizing execution of paying agent/registrar agreements; and enacting other provisions relating to the subject.
Summary: Adopt a resolution to change the City’s paying agent for the issuance of Series 2015 Certificates of Obligation as the City’s paying agent on previous issues has had an increase in fees. The paying agent is responsible for accepting payments from the issuer of a security and then distributing the payments to the holders of the security.
History: Publication of notice of intention to issue combination tax and limited surplus revenue Certificates of Obligation was approved by the City Council on January 6, 2015. Financial Impact: Savings of $400 in fees per payment made to the paying agent.
Related Vision Item (if applicable):
Other Information/ Staff recommends approval of resolution providing for the substitution of the paying Recommendation: agent.
Attachments: Substitution of Paying Agent Resolution
Presentation: None
Publication: None
Reviewed by Michael Dane, Assistant City Manager, February 5, 2015 Director:
Approved by Legal:
RESOLUTION NO. ______
RESOLUTION PROVIDING FOR THE SUBSTITUTION OF THE PAYING AGENT/REGISTRAR FOR CERTAIN OF THE CITY'S OUTSTANDING DEBT ISSUES; APPOINTING A PAYING AGENT/REGISTRAR AND AUTHORIZING EXECUTION OF PAYING AGENT/REGISTRAR AGREEMENTS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
THE STATE OF TEXAS § COUNTY OF TOM GREEN § CITY OF SAN ANGELO §
WHEREAS, the City of San Angelo, Texas (the "City"), has issued and currently has outstanding the bonds and certificates of obligation set forth on Exhibit A attached hereto (the "Outstanding Obligations");
WHEREAS, this City Council has determined it is necessary and in the best interests of the City to change the paying agent/registrar for the Outstanding Obligations and appoint a substitute paying agent/registrar for the Outstanding Obligations;
WHEREAS, the ordinances and paying agent/registrar agreements for each series of the Outstanding Obligations authorize the City to terminate the existing paying agent/registrar agreements and appoint a substitute paying agent/registrar; and
WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:
1. The existing paying agent/registrar agreement between the City and The Bank of New York Mellon Trust Company, N.A. ("Bank of New York") , shall be terminated, such termination to be effective 120 days after notice of termination is provided to Bank of New York or such earlier date as may be agreed to by Bank of New York ("Termination Date"). The City Clerk is hereby authorized and directed to deliver or cause to be delivered a notice of such termination to Bank of New York in accordance with the ordinances authorizing the Outstanding Obligations.
2. BOKF, N.A. dba Bank of Texas, Austin, Texas ("Bank of Texas") is hereby appointed to serve as paying agent and registrar for the Outstanding Obligations, such appointment to be effective upon the Termination Date. The Mayor or City Manager is authorized and directed to execute and deliver in the name and on behalf of the Issuer a paying agent/registrar agreement with Bank of Texas, in substantially the form presented at this meeting, for each series of the Outstanding Obligations. The City Clerk is hereby authorized and directed to deliver or cause to be delivered a notice of such appointment in accordance with the ordinances authorizing the Outstanding Obligations.
3. The Mayor, the City Clerk and the City Manager shall be and they are hereby expressly authorized and directed to do and perform all such acts and things and to execute and deliver in the name and on behalf of the City such documents and certificates as may be necessary or desirable in order to carry out the terms and provisions of this Resolution.
4. This Resolution shall become effective immediately upon adoption. APPROVED AND ADOPTED ON THE 17th DAY OF FEBRUARY, 2015.
THE CITY OF SAN ANGELO, TEXAS
Attest: Dwain Morrison, Mayor
[CITY SEAL] Bryan Kendrick, Interim City Clerk
Approved As to Form: Approved As to Content:
Leroy Grawunder, Jr. Michael Dane, Assistant City Manager/ McCall, Parkhurst & Horton L.L.P. Chief Financial Officer Exhibit A
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2005, dated October 1, 2005
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2005, dated September 15, 2006
General Obligation Refunding Bonds, Series 2007, dated July 15, 2007
Combination Tax and Revenue Certificates of Obligation, Series 2007-A, dated July 15, 2007
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2008, dated August 1, 2008
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2009, dated June 15, 2009
General Obligation Refunding Bonds, Series 2009, dated June 15, 2009
General Obligation Refunding Bonds, Series 2011, dated April 1, 2011
Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2011A, dated June 1, 2011
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2011B, dated August 1, 2011
General Obligation Refunding Bonds, Series 2012, dated November 1, 2012 Memo
Meeting Date: February 17, 2015
To: Mayor and City Council members
From: Patrick Howard, AICP Director, Planning & Development Services Department
Subject: Second Reading of Ordinance for possible annexation (to San Angelo’s City limits) of certain properties situated north of San Angelo
Location: Area encompassing an unaddressed 175-acre tract located north and northwest of Old Ballinger Highway and U.S. Highway 277, as shown in attached “Exhibit A”
Presenter: Rebeca A. Guerra, AICP, LEED-AP, CPD Planning Manager
Caption: Second Public Hearing and consideration of an Ordinance annexing 175.000 acres situated immediately north/northeast of San Angelo, generally located on the northwest corner of Old Ballinger Highway and U.S. Highway 277, and specifically described as 175.000 acres of a 501.327 acre tract out of the J. Pollan Survey 3 (Abstract No. 5130), J. Pointevent Survey 1113 (Abstract 4873) and J.A. Eggleston Survey 2 (Abstract No. 4984), and the Olsen Subdivision recorded in Volume H, Page 539, District Court Minutes, Tom Green County, Texas, and described in Exhibit “A.”
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 near the City’s landfill site. The site, part of a larger 501.327-acre tract, is the subject of a Development Agreement with an effective date of August 30, 2011. The agreement stipulated that the owner of the property utilize it for agricultural, wildlife management, timber land, or single-family purposes only. In the event that the Development Agreement expired, or that the property owner chose to terminate the agreement, then the City would annex the property, in whole or in part or for full or limited purposes. On November 3, 2014, the Planning Division received a petition to annex from Michael J. Block, Trustee for the Wilbert B. Block Family Trust and attorney for Doris S. Block.
By acceptance of the petition and the adoption of a calendar of annexation proceedings as prescribed under Chapter 43 of the Texas Local Government Code, City Council has initiated a process that may be completed as early as January 20, 2015.
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.
On November 18, 2014, City Council voted to accept the Petition to Annex. On December 2nd and 16th of 2014, City Council held two public comment hearings for the proposed annexation. A representative for the proposed buyer of the site, Fred Partlo, briefly discussed the issue at the December 2nd meeting.
Annexation Calendar: (no special meetings needed)
Petition to annex November 18, 2014
First public hearing December 2, 2014
Second public hearing December 16, 2014
Introduce annexation January 6, 2015 Ordinance, on First Reading
Second and final reading February 17, 2015 (postponed from 1/20/15) of annexation Ordinance
Analysis of Proposed Annexation:
It is essential that the foundation statement of the 2009 Comprehensive Plan be considered in context of considering annexations, specifically that:
"Rapid land use expansion and recent annexations have affected the identity of the City and established a new development pattern that is fiscally unsustainable."
The Comprehensive Plan provides guidance for annexation, many of which are relevant to this scenario. First, the Plan establishes a goal stating that the City should "annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction." This excerpt is relevant in this situation, because the area is vacant, and thus, no such development is in place. However, this argument alone is not compelling enough on its own - as vacant property is currently in place outside the City limits all around San Angelo - and should not necessarily be annexed.
However, the Subdivision Ordinance requires that development that seeks to utilize San Angelo's water service petition for annexation before such service can be extended. It appears in this case that such a purposeful and specifically-situated tract was created specifically to pursue annexation in order to develop. As such, the second goal outlined in this Plan advises to "balance short-term costs of making measured capital improvements in possible annexation areas with the long-term costs of not annexing these same areas." More specifically, "recognize that determining best areas for annexation involves anticipating realistic potential for development around the urban fringe, annexing the most promising such areas...."
The Comprehensive Plan goes on to state that it is important to "identify specific areas where...annexation may be useful for incorporating expected new development...within City limits, especially where an infrastructure of water utilities already exists." In this area a network of water and sewer mains available for extension are in existence. The City would not be responsible for building or improving street infrastructure. This would be the responsibility of the developer and/or owners of the proposed annexed property. It appears that 50th St would have to be extended across this property. The Major Thoroughfare Plan shows it extending to meet with Old Ballinger Highway. Old Ballinger Highway is approximately 26 feet wide where it adjoins the property. This street is classified as an arterial, which is projected to be 64 feet wide. The developer would need to improve half of this street and widen it by approximately19 feet.
The Future Land Use map of the Comprehensive Plan designates the subject property as “Industrial.” The Plan maintains that “these areas are dedicated to aspects of supporting the local economy while mitigating some of their potentially undesirable secondary effects on nearby residences.” One of the Plan’s Action Steps states that the City should “cluster industrial…businesses into several large areas by specifying boundaries within which such uses may be incentivized to locate, maintain and thrive, while establishing increased business diversity.” The proposed annexation site lies at the northwest corner of an area where the Future Land Use designations are, predominantly, Industrial. Much of the immediate area is vacant, however, there is a landfill site nearby. The boundary created by these Industrial sites appears to satisfy the Plan’s Action Step of creating large areas which would allow for more intense uses typical of Industrial development.
The applicant submitted an application for a Rezoning to the Heavy Manufacturing (MH) District on December 14, 2014. It is scheduled to be heard by the Planning Commission on January 26, 2015. As with all lands which are first brought into City limits, this site, should it be successfully annexed on January 20, 2015, will have a zoning designation of Ranch & Estate District. The Heavy Manufacturing District would appear to be consistent with a Future Land Use designation of “Industrial.” Some of the uses which may be permitted in the Heavy Manufacturing District include: Waste- Related uses, Manufacturing & Production (both light and heavy), Warehouse & Freight Movement, and Wholesale Trade.
This item was postponed at the January 20, 2015, City Council meeting.
Additional Information:
The City's obligation to this area, if annexed, is outlined in the attached Service Plan, required as preparation of an annexation ordinance.
Notification of and request for feedback regarding this proposed annexation was made to numerous internal groups, including the Police, Fire, Water Utilities, Parks, and Engineering Services departments. Comments from Parks, Engineering Services, and Water Utilities were received from these parties. The Parks Department indicated that they had no objection with the proposed annexation and no additional services would be required as a result of the site’s inclusion into the City’s boundaries. Engineering Services indicated that it appears that 50th Street would have to be extended across this property. The Major Thoroughfare Plan shows this street extending to eventually meet with Old Ballinger Highway. Old Ballinger Highway is paved approximately 26 feet wide where it adjoins the property. This street is classified as an Arterial Road, which is required to be paved 64 feet in width. The developer of this property will be required to improve half of this street and widen it by approximately 19 feet. If the site is ultimately annexed, this issue will be addressed during the final platting stage. Comments from Water Utilities are delineated in full below.
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.
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 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.
Financial Impact: Not applicable, yet
Attachments: Aerial Map Future Land Use Map Zoning Map Major Thoroughfare Plan Sewer/Water Line Map Notification Map List of individuals and entities notified Petition, as provided by the applicant Survey map, as provided by the applicant Development Agreement Service Plan Ordinance
Notification: Notifications for this request were sent out within a 200-foot radius of the larger 500-acre site. Nineteen (19) letters were mailed on November 7, 2014. As of February 6, 2015, there were zero (0) responses in favor and zero (0) responses in opposition of the request.
Notifications to Verizon, the Independent School District, Suddenlink, Tom Green County, Republic, Atmos Energy, TxDOT, AEP, and the Quail Voluntary Fire Department were also mailed. A second certified letter was mailed to the Independent School District on December 4, 2014. As of February 6, 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 January 26, 2015.
LIST OF INDIVIDUALS / ENTITIES NOTIFIED
88 RANCH TRUST 4101 OLD BALLINGER HWY SAN ANGELO, TX 76905-8361
ANDRADE MARCO ANTONIO CARBAJAL 1618 E HARRIS AVE SAN ANGELO, TX 76905-6204
BLOCK MICHAEL J & MELAINE R 4101 SCHWARTZ ROAD SAN ANGELO, TX 76904-4128
DYER JAMES F III 17257 STATE HIGHWAY 166 FORT DAVIS, TX 79734-9999
HUNTLEY LLOYD RONALD & SANDRA LOU 5610 N US HIGHWAY 277 SAN ANGELO, TX 76905-8936
LOPEZ AVELARDO & RENA 3966 MOTL RD SAN ANGELO, TX 76903-8399
MARTIN SPROCKET & GEAR INC 3100 SPROCKET DR ARLINGTON, TX 76015-2898
MOTL GARY M/ELLWANGER REBECCA WRIGHT LIDICE 209 WESTWOOD SAN ANGELO, TX 76901-4830
MOTL MARVIN WILLIAM - DECEASED PO BOX 2431 SAN ANGELO, TX 76902-2431
PROBANDT KATHLEEN S ET AL 3110 COLLEGE HILLS CIR SAN ANGELO, TX 76904-4954
SCHWERTNER KAREN E 3825 E FM RD 2105 SAN ANGELO, TX 76905-8338
HERNANDEZ ROBERTO JR 3602 MOTL ROAD SAN ANGELO, TX 76905-8390 JANCA ALLEN 3825 FM HWY 2105 SAN ANGELO, TX 76905-8338
KAHLIG JAMES F 1902 KOBERLIN ST SAN ANGELO, TX 76905-5130
MC KINLEY DENNIS PO BOX 5200 SAN ANGELO, TX 76902-5200
OIL STATES ENERGY SERVICES LLC 333 CLAY ST STE 4620 HOUSTON, TX 77002-4000
SANTA ROSA SPORTS ARENA INC 1745 LOUISE DR SAN ANGELO, TX 76901-1060
SARTAIN VERNON L 3927 E FM RD 2105 SAN ANGELO, TX 76905-8338
VILLEDA ROBERTO 8784 RUNION RD SAN ANGELO, TX 76905-8832
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Verizon PO Box 1001 San Angelo, Texas 76902-1001
Suddenlink Communications 4272 W Houston Harte Expressway San Angelo, TX 76901
AEP Texas 930 W 19th Street San Angelo, TX 76903
Quail Valley Volunteer Fire Department 8461 Rust Road San Angelo, TX 76905
San Angelo ISD 1621 University Avenue San Angelo, TX 76904-5164
Tom Green County 113 W Beauregard Avenue San Angelo, TX 76903
Republic Services, Inc. 1422 Hughes Street San Angelo, Texas 76903
Republic Services, Inc. 201 Mire Street Scott, LA 70583
Atmos Energy 1730 North Main Street San Angelo, TX 76903
Texas Department of Transportation c/o Gil Wilson Rail Division 125 East 11th Street Austin, TX 78704
Plan for extension of municipal services to an area described as follows: GENERALLY DESCRIBED AS 175.000 ACRES OF LAND OUT OF 501.327 ACRE TRACT OUT OF THE J. POLLAN SURVEY NO.3 (ABSTRACT NO.5130), J. POINTEVENT SURVEY NO.1113 (ABSTRACT 4873) AND J.A. EGGLESTON SURVEY NO.2 (ABSTRACT NO.4984) AND THE OLSEN SUBDIVISION RECORDED IN VOLUME H, PAGE 539, DISTRICT COURT MINUTES, TOM GREEN COUNTY, TEXAS. , AND SAID 175.000 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS DESCRIBED IN EXHIBIT “A.”
SERVICES 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 which exhibit land use and population densities similar to that of the newly annexed area.
2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE
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. Furthermore, 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.
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.
4. MAINTAINING WATER AND WASTEWATER FACILITIES
During the next 3 years, the City Council of the City of San Angelo, Texas will make arrangements to extend water mains, to serve the newly annexed area. The City Council for the City of San Angelo, Texas believe that adequate sewer mains exist for point-of-use connection and serviceable extensions, to provide sewer service within the newly annexed territory, extending such mains pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such polices and/or ordinances may be amended.
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 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).
6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS
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. 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.
7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS
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.
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 exist 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.
Within 3 years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas.
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. AN ORDINANCE ANNEXING INTO THE CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS, ON PETITION OF PROPERTY OWNERS, TERRITORY GENERALLY DESCRIBED AS 175.000 ACRES OF LAND OUT OF 501.327 ACRE TRACT OUT OF THE J. POLLAN SURVEY NO.3 (ABSTRACT NO.5130), J. POINTEVENT SURVEY NO.1113 (ABSTRACT 4873) AND J.A. EGGLESTON SURVEY NO.2 (ABSTRACT NO.4984) AND THE OLSEN SUBDIVISION RECORDED IN VOLUME H, PAGE 539, DISTRICT COURT MINUTES, TOM GREEN COUNTY, TEXAS, AND SAID 175 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS 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 43.028, all of the owners of a tract of land containing 175.000 acres situated immediately north/northeast of San Angelo, Texas, generally located on the northeast corner of Old Ballinger Highway and Covington 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 December 2nd of 2014, the second on December 16th of 2014, and the third on January 6th 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 November 18, 2014; and,
WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and
WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo, Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; TEXAS:
Section 1. Findings of Fact. All of the above premises are hereby found to be true and correct and are incorporated into the body of this ordinance as if fully set forth; 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.
Section 8. Severability. If any part, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining parts of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no part thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other part hereof, and all provisions of this ordinance are declared to be severable for that purpose.
Section 9. Open Meeting Act Compliance. The City Council for the City of San Angelo hereby finds and declares that the meetings at which this ordinance was introduced and finally passed were open to the public as required by law and that public notice of the time, place and purpose of said meetings was given as require by the Open Meetings Act, Chapter 551 of the Texas Government Code.
Section 10. Effective Date. This ordinance will become effective sixty (60) days from and after its adoption.
INTRODUCED on the 6th day of January, 2015, and finally PASSED, APPROVED AND ADOPTED on this the 20th day of January, 2015.
THE CITY OF SAN ANGELO
by:______Dwain Morrison, Mayor ATTEST:
by:______Bryan Kendrick, Interim City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM
Patrick Howard, AICP, Director Lysia H. Bowling, City Attorney
STAFF REPORT
Meeting: February 17, 2015
To: City Council
From: Patrick B. Howard, AICP Director
Through: Rebeca A. Guerra, AICP, LEED-AP, CPD Planning Manager
Case: Z14-37
Request: Rezoning from Office Warehouse (OW) to General Commercial (GC)
Location: 428 Montague Avenue, located approximately 240 feet southeast of the intersection of Montague Avenue and the Houston Harte Expressway Frontage Road; and an unaddressed tract, located at the southeast corner of Montague Avenue and the Houston Harte Expressway Frontage Road. Legal Description: 2.790 Acres of the G Schubitz Survey, Abst: A-1854 S-0326; and 1.861 Acres of the G Schubitz Survey, Abst: A-1854 S- 0326.
Size: 4.651 acres
Caption First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
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Z14-37: Jeff Caloway
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: 428 Montague Avenue, located approximately 240 feet southeast of the intersection of Montague Avenue and the Houston Harte Expressway Frontage Road, more specifically occupying 2.790 Acres of the G Schubitz Survey, Abst: A-1854 S-0326; and 1.861 Acres of the G Schubitz Survey, Abst: A-1854 S-0326, in the PaulAnn neighborhood, a request for approval of a zone change from Office Warehouse (OW) to General Commercial (GC); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
General Information
Future Land Use: Transitional
Zoning: Office Warehouse (OW)
Existing Land Use: Vacant land
Surrounding Zoning / Land Use:
North: Office Warehouse (OW) Vacant Land Single Family Residential Single family dwellings (RS-1) West: Single Family Residential Single family dwellings (RS-1) South: Single Family Residential Single family dwellings (RS-1) East: General Commercial Vacant Land (CG) Shannon Medical Center
District: CMD#4 – Don Vardeman
Neighborhood: PaulAnn Neighborhood
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Thoroughfares/Streets: Per the Master Thoroughfare Plan (MTP), Montague Avenue is identified as Local Street. Local streets allow direct access to residential and commercial properties and similar traffic destinations. Direct access to abutting land is essential, for all traffic originates from or is destined to abutting land. Through traffic should be discouraged, volumes are low, and speed is slow. The MTP requires Montague Avenue to have a minimum paving width of 36 feet with a 4 foot wide sidewalk installed on one side of the street Right-of-Way or a minimum paving width of 40 feet with no such sidewalk; and a minimum right-of-way width of 50 feet. At present the paving width is approximately 30 feet wide with a 50-foot right-of-way. Per the MTP, the Houston Harte Expressway Frontage Road is identified as Local Street and requires that this street have a minimum paving width of 36 feet with a 4 foot wide sidewalk installed on one side of the street Right-of-Way or a minimum paving width of 40 feet with no such sidewalk; and a minimum right-of-way width of 50 feet. At present, the paving width is approximately 36 feet wide with an 80- foot right-of-way.
Recommendation:
The Planning Division recommends DENIAL of Rezoning request for General Commercial (CG) and APPROVAL of Rezoning request for Neighborhood Commercial (CN).
On January 26, 2015, the Planning Commission recommended APPROVAL of the applicant’s request for a Rezoning to Neighborhood Commercial by a
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unanimous 5–0 vote. The following is the complete excerpt of the minutes from the January 26, 2015, meeting for this case:
Senior Planner Santiago Abasolo outlined the case. The applicant proposed a Rezoning request from the Office Warehouse zoning district to the General Commercial zoning district. Staff recommended Neighborhood Commercial instead of General Commercial which appears to be consistent with a “Transitional” Future Land Use designation. Mr. Abasolo also indicated that the Neighborhood Commercial zoning district would also serve as a buffer and lower intensity development compatible with lower density areas to west and south.
Mr. Farmer asked the applicant what he was trying to develop on the site. Mr. Abasolo responded that the proponent had not informed Staff.
Jesse Calloway, the applicant, indicated that he is attempting to develop retail uses and a fast food restaurant and that Neighborhood Commercial zoning district meets his needs.
Mr. Calloway stated that he was in agreement with staff recommendation to rezone the subject properties to Neighborhood Commercial.
Mr. Smith made a Motion to deny the request for a General Commercial zoning district and to approve a Rezoning to the Neighborhood Commercial zoning district. Mr. Farmer seconded the Motion, and it was approved unanimously by a vote of 5-0.
History and Background:
On December 4, 2014, the applicant submitted an application for a Rezoning on the subject properties from Office Warehouse (OW) to General Commercial (CG). Staff has not yet been made aware of the applicant’s proposed use for the subject properties. However, the recommendation and analysis provided in this report reflects a more global examination of the subject site’s Future Land Use designation and its proximity to single-family residential. To this end, Staff is recommending that a Rezoning to the Neighborhood Commercial zoning district be considered for approval by the Commission, rather than the applicant’s request for General Commercial. In spite of not being informed as to the ultimate
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use for the properties, Neighborhood Commercial appears to be the most compatible and consistent zoning district for the site.
Analysis:
Section 212(G) of the Zoning Ordinance requires that the Planning Commission and City Council consider, at minimum, seven (7) factors in determining the appropriateness of any Rezoning request.
1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
The subject properties are designated “Transitional” on the Future Land Use (FLU) map of the City’s Comprehensive Plan (CP). The proposed General Commercial (CG) zoning district does not appear to be consistent with the Transitional FLU designation. The Transitional designation defines two types of transitional situations. The first type refers to the conversion of commercial corridor frontage from CG/CH zoning and related strip-style development, and the second addresses how Neighborhood Centers, Downtown, or other Commercial areas may be bridged to neighborhoods. In both cases, Transition Areas provide for a scaling back of activity from more intense areas to neighborhoods which should be more passive in character. In general, Transition Areas imply increased density and greater mix of uses than neighborhoods, but not as much as in Neighborhood Centers, Downtown, or other Commercial areas. These properties appear to be ideal for a lower intensity development consistent with the Neighborhood areas to the West and South. This Transitional area blends the more intense recommended Commercial area to the East of the subject properties with the recommended Neighborhood areas previously mentioned. Having Neighborhood areas directly adjacent to a Commercial area without some type of buffer development will not easily allow for the scaling back of intensive
commercial areas into neighborhoods. The Transitional area, as explained in the Comprehensive Plan, calls for “a graduate density and intensity of activity to maintain connectivity, improve pedestrian experience, and provide for increased housing and nonresidential options.”
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
The NC zoning district allows for a variety of uses including offices, restaurants, retail sales and service, and limited vehicle service, as well as community services and day care centers. The minimum lot area in the CN zoning district is
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6,000 square feet and the property is 202,597.56 square feet. The CN zoning district requires a minimum width of 50 feet and a minimum depth of 80 feet, and the properties are approximately 380 feet wide by 533 feet long. Section 509 of the Zoning Ordinance will require the erection of a 6-foot high opaque privacy fence along the south property lines abutting residential zoning districts and along the east property lines abutting any residential use. Any future nonresidential development in CN zoning district will require a 25 foot minimum front yard, and if the future use is adjacent to a residential district or use, the minimum required side and rear yards is 10 foot. For residential uses the minimum front yard varies from 15 to 25 feet and the minimum side yard varies from 0 to 20. Given the size of the subject properties, it would appear that any future development would be able to comply with these requirements.
3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
The General Commercial (CG) zoning district does not appear to be compatible with the residential areas to the west and south of the subject properties. The CG district allows for large scale residential and commercial developments with no height limitations that are out of scale with the surrounding residential areas single-story construction. Further, per the Future Land Use (FLU) map of the City’s Comprehensive Plan (CP), the surrounding areas are designated Transitional to the west and south, Residential to the west, south and north and Commercial to the East and North. A Neighborhood Commercial (NC) zoning designation for the subject properties appears to be compatible with Transitional and the surrounding area because it will allow the development of residential uses with a maximum height of 35 feet which is compatible with the adjacent residential areas. The Neighborhood Commercial district will also allow for the development of commercial and institutional uses with a maximum height of 35 feet, which will provide greater consistency with the surrounding area than the CG zoning district that does not have any height restrictions. The Neighborhood Commercial zoning designation requires a Maximum Floor Area Ratio (FAR) of 0.6 which is more compatible with the surrounding residential area than the FAR allowed in General Commercial district which is 2. A higher FAR translates into a more intense type of development that might not be compatible with the existing residential area and the proposed Transitional land development category of the Comprehensive Plan. Finally, the Neighborhood Commercial zoning designation, unlike the General Commercial zoning designation, requires that any Outdoor Display shall only be “allowed adjacent to a principal building and extending to a distance no greater than 5 feet from the wall.” In addition, storage is not permitted to block windows, entrances, and shall “impair the ability of pedestrians to use the building.” These requirements appear to be more compatible with the surrounding residential area than the regulations for the General Commercial zoning district,
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as CG would allow for up to 1,000 square feet or 10 percent of the total site area (whichever is greater) of Outdoor Storage.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
The property is currently vacant and is surrounded by residential designations to the west and south. The proposed type of development found in the Vision Plan seems to support the Neighborhood Commercial district designation. This proposed mixed use development with commercial uses along the Houston Harte frontage road and residential development along Montague Avenue will allow new development in the area linking the existing institutional and commercial areas with the existing residential developments.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
If the subject properties are rezoned as General Commercial, the adjacent residential areas may be affected by more noise created by the additional traffic generated from the more intense type of development allowed in the General Commercial zoning district. Any grading, drainage and stormwater issues would be reviewed by Engineering Staff at the building permit stage.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
The Future Land Use (FLU) map of the Comprehensive Plan recommends Neighborhood and Transitional land uses to the west and south of the subject properties. The Transitional FLU provides a buffer between the recommended Commercial land use to the east of the properties and the Neighborhood FLU to the west and south. A land use buffer provides a type of development compatible with the adjacent residential uses, while also allowing for a nonresidential development such as retail, offices, community services, restaurants, and other land used that will be supported by the surrounding residential areas. An NC zoning in this area acts as a land use buffer in that it creates an intermediate type of development between the recommended Commercial land uses to the east of the properties and the Neighborhood land uses recommended to the west and south or the subject properties. The Commercial land uses are intended to support large retail and office clusters that seek visibility and convenient access
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offered by frontage roads. The uses allowed in CG zoning district have no height limitation and the FAR is 2, which translate into larger types of development that do not seem to be supported by the demand generated by the existing land uses and recommended land uses in the Future Land Use map of the Comprehensive Plan. The CN district seems to better support the existing and future development demand recommended for this area. It also appears to fill the need for the type of less intense commercial development that will link the existing residential areas to the west and south of the subject properties with the commercial and institutional uses to the east of proposed rezoning area.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community. The proposed rezoning from the OW zoning district to the CG zoning district does not seem to fit the existing and proposed development patterns for the area. The existing and recommended residential areas surrounding the subject properties have not experienced the type development activity that would support a CG district adjacent to residential areas. The development patterns for these residential areas appear to better support a NC zoning district that would allow a more intense type of development than the existing and recommended residential uses to the south and west of the properties but a less intense type of development than the existing Institutional uses and the recommended Commercial land uses to the east of the properties.
Notification:
On January 11, 2015, nine (9) notifications were mailed out within a 200-foot radius of the subject site. As of February 6, 2015, there were 0 responses in favor and 0 responses in opposition of the request.
Action Requested:
The action requested is for City Council to DENY a Rezoning to the General Commercial (GC) zoning district and APPROVE Case Z14-37 for a Rezoning to the Neighborhood Commercial (CN) zoning district.
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Attachments: Aerial Map Future Land Use Map Zoning Map Major Thoroughfare Map Notification Map List of Individuals/Entities Notified Draft Ordinance
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LIST OF INDIVIDUALS / ENTITIES NOTIFIED
HENRY M A BRADSHAW BARBARA E REV LIVING MEDINA ROSALIO L TRUST 1906 SPAULDING 305 N 15TH 419 MONTAGUE AVE SAN ANGELO, TX 76905-5152 BALLINGER, TX 76821-2800 SAN ANGELO, TX 76905-4349
1930 ELLIS TRUST PITTMAN MICHAEL B GARCIA ANA I TORRES 1930 ELLIS 3806 E COURT ST PO BOX 23 SAN ANGELO, TX 76903-4318 DEER PARK, TX 77536-6192 BRONTE, TX 76933-0023
PHILLIPS VERA ALDEANE SISTERS CHARITY INCARNATE WORD SHANNON MEDICAL CENTER 2016 PULLIAM ST 4503 BROADWAY PO BOX 1879 SAN ANGELO, TX 76905-5148 SAN ANTONIO, TX 78209-6209 SAN ANGELO, TX 76902-1879
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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: 428 Montague Avenue, located approximately 240 feet southeast of the intersection of Montague Avenue and the Houston Harte Expressway Frontage Road, more specifically occupying 2.790 Acres of the G Schubitz Survey, Abst: A-1854 S-0326; and 1.861 Acres of the G Schubitz Survey, Abst: A-1854 S-0326, in the PaulAnn neighborhood, a request for approval of a zone change from Office Warehouse (CG) to Neighborhood Commercial (CN); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z14-37: Jeff Caloway
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: 428 Montague Avenue, located approximately 240 feet southeast of the intersection of Montague Avenue and the Houston Harte Expressway Frontage Road, more specifically occupying 2.790 Acres of the G Schubitz Survey, Abst: A-1854 S-0326; and 1.861 Acres of the G Schubitz Survey, Abst: A-1854 S-0326, in the PaulAnn neighborhood, a request for approval of a zone change from Office Warehouse (CG) to Neighborhood Commercial (CN), shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
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SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 17th day of February, 2015 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of March, 2015.
THE CITY OF SAN ANGELO
______Dwain Morrison, Mayor
ATTEST:
______Bryan Kendrick, Interim City Clerk
Approved As To Content: Approved As To Form:
______Patrick Howard, AICP, Director Lysia H. Bowling, City Attorney
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STAFF REPORT
Meeting: February 17, 2015
To: City Council
From: Patrick B. Howard, AICP Director
Through: Rebeca A. Guerra, AICP, LEED-AP, CPD Planning Manager
Case: Z14-39
Request: Rezoning from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1)
Location: 217 and 217.5 West Avenue C, located approximately 230 feet southwest of the intersection of West Avenue C and Hill Street
Legal Description: Fort Concho Addition, Block 20 1/2, the east 60 feet of Lot 7, and Block 20, the east 60 feet of Lot 7, in central San Angelo
Size: 0.165 acres
Caption: First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z14-39: Gilbert Arocha
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12
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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: 217 and 217.5 West Avenue C, located approximately 230 feet southwest of the intersection of West Avenue C and Hill Street; more specifically occupying the Fort Concho Addition, Block 20 1/2, the east 60 feet of Lot 7, and Block 20, the east 60 feet of Lot 7, in central San Angelo, a request for approval of a zone change from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
General Information
Future Land Use: Neighborhood
Zoning: Two-Family Residential (RS-2)
Existing Land Use: Vacant land
Surrounding Zoning / Land Use:
North: Two-Family Residential Single family dwellings, two (RS-2) dwellings West: Two-Family Residential Single family dwellings, two (RS-2) dwellings South: Two-Family Residential Single family dwellings, two (RS-2) dwellings East: Two-Family Residential Single family dwellings, two (RS-2) dwellings
District: CMD#3 – Johnny Silvas
Neighborhood: Fort Concho Neighborhood
Thoroughfares/Streets: Per the Master Thoroughfare Plan (MTP), West Avenue C is classified as a local street. A local street carries light neighborhood traffic at low speeds. The existing road has a right-of-way of approximately 80 feet and an existing paving width of 36 feet in compliance with the MTP.
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Recommendation:
The Planning Division recommends APPROVAL of a Rezoning request from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1).
On January 26, 2015, the Planning Commission recommended APPROVAL of the applicant’s request for a Rezoning to RM-1 by a unanimous 5–0 vote. The following is the complete excerpt of the minutes from the January 26, 2015, meeting for this case:
Planner Jeff Fisher introduced the request to Rezone the subject site from the RS-2 zoning district to the RM-1 zoning district on the two properties west of Hill Street and West Avenue C. The applicant owns the two properties to the east at the immediate corner of Hill Street and West Avenue C which are already zoned RM-1. His entire land holdings on the block equates to approximately 0.66 acres. The Future Land Use designation of the subject properties is “Neighborhood.” The applicant indicated that he wishes to develop three multifamily buildings over the four contiguous properties. Mr. Fisher showed photos of the area explained that about 1/3 of the units in the immediate area have two units on their associated parcels, so this area already contains a mixed use of dwellings. The applicant provided a conceptual site plan, elevations, and floor plan. Staff recommended approval as the request was an extension of an existing RM-1 zoning, and that the applicant is only proposing 75% of what would be permitted. Moreover, the buildings will be constructed to look like three large homes not large-scale apartments.
The meeting was opened for public comment. There was no public comment made. There were also no questions or comments made by the Commissioners.
A Motion was made by Commissioner Sammy Farmer to approve the Rezoning as requested to the Low Rise Multifamily Residential zoning district, seconded by Commissioner Ryan Smith. The Motion to approve carried unanimously with a vote of 5-0.
History and Background:
On December 8, 2014, the applicant submitted a Rezoning request for properties at 217 and 217 ½ West Avenue C in central San Angelo. He has requested to rezone these properties from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1) in order to be consistent with the two other properties he owns
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immediately to the east also zoned RM-1 at the southwest corner of Hill Street and West Avenue C. The subject properties comprise 0.16 acres and the properties to the east comprise 0.5 acres, for a total contiguous ownership of 0.66 acres. It is the applicant’s intent to erect multifamily housing units on all 4 properties. The site sits within a predominantly low density neighborhood with mainly single-family and two- family dwellings.
Planning Staff advised the applicant to submit a concept plan showing the proposed buildings, parking layout, driveways and access to the street(s) to assist the Planning Commission in providing their recommendation.
On January 21, 2015, the applicant submitted a site concept plan, building elevations and floor plans for 3 two-story quadraplex buildings, for a total of 12 units on the property. The quadraplex buildings look like large homes instead of one large apartment building, which will be more in keeping with the low density character of the area. Based on the floor plans submitted, each unit would be approximately 884 square feet and contain a living room, kitchen and 2-bedrooms. There would be 4 units per building, 2 on the first floor and 2 on the second floor, for a total of approximately 10,618 square feet on the property.
It is reiterated that these are conceptual plans only. Provided this zone change request is approved, final plans would be submitted through the site plan review process with the building permit application.
Analysis:
Section 212(G) of the Zoning Ordinance requires that the Planning Commission and City Council consider, at minimum, seven (7) factors in determining the appropriateness of any Rezoning request. The following analysis has been done for a proposed Rezoning to “Neighborhood Commercial.”
1. Compatible with Plans and Policies. Whether the proposed amendment is compatible with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.
The subject property is designated “Neighborhood” within the Future Land Use (FLU) map of the City’s Comprehensive Plan. Neighborhoods support promoting “an appropriate balance of use within each neighborhood’ and promotes “neighborhood diversity and security by encouraging a mix of age, income, and housing choices within San Angelo’s neighborhoods.” The properties are located within an established area of mainly single-family and two-family homes and there does not appear to be any multifamily housing, that is, more than 2 units per property, in the immediate area. Providing a small-scale multifamily housing development here would increase the diversity of housing stock and
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housing choices for residents in this area compatible with the City’s Comprehensive Plan policies. At the same time, the properties would not be bringing in an entirely new zone district to the area, as the properties immediately east also owned by the applicant at the corner of Hill Street and West Avenue C are already zoned RM-1 for multi-family housing. This zone change was originally passed by City Council on March 8, 1977, as an R-3 zone. The R-3 zone in 1977 allowed multifamily housing, and was the precursor to today’s RM-1 zone category now in place. Finally, there is a CG/CH zone block immediately northeast on the east side of Hill Street, as well as commercial corridors in close proximity, along South Irving Street to the east and northeast, West Washington Street to the south, and South Koenigheim Street to the west. An extension of the existing RM-1 zoning to the east would provide an effective transition between the commercial designated properties close by and the existing RS-2 zoning in the area. Given that the immediate adjacent properties owned by the applicant are already zoned RM-1 for multifamily, that the surrounding area is close to existing commercially-zoned properties, and that the Neighborhood designation calls for an appropriate balance of housing, it would appear that an RM-1 zone on the subject properties would be consistent with the City’s Comprehensive Plan policies.
2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.
The subject proposal would comply with the minimum lot area, minimum lot dimensions, the maximum floor area ratio for the site, calculated as the total building gross floor area divided by the lot area, 0.75, and the maximum density allowed, which would be 16 units on this property (see RM-1 Development Standards attached). The applicant is proposing 12 units inside 3 buildings, 75% of what he is allowed to build. The proposed buildings are two-stories in compliance with the maximum height in the RM-1 zone. The multifamily buildings are required to be setback 25 feet from the front property line at Hill Street, 10 feet from the side property lines to the north and south, and 20 feet from the rear property line to the west. The concept plan shows a front yard setback from Hill Street of 24’-10 29/32” and a side yard setback from West Avenue C of 9’-11 17/32”, slightly less than required. Should this zone change be approved, the applicant will be required to submit a revised concept plan showing a front yard setback of 25 feet and a side yard setback of 10 feet. As mentioned, these are 2- bedroom units. Section 511 of the Zoning Ordinance requires 1.75 spaces for every 2 bedroom unit, for a total of 21 parking spaces. The Ordinance also requires a 24-foot maneuvering area aisle width for 2-way traffic. The concept plan shows 19 parking spaces and an aisle width of approximately 18 feet. The final concept plan with the building permit application will be required to be revised to show 2 additional parking spaces and an aisle width of 24 feet for two- way traffic.
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3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.
As indicated, the lands immediately east, which will be part of the future development, are already RM-1 so the zone change would be an extension of what is already permitted. Any future development on the properties would be setback at least 40 feet from the homes immediately to the west because the shared lot line acts as a rear yard setback for these homes and for the subject property, both of which would be 20 feet each. Future development would also be setback at least 50 feet back from the homes to the south, as the subject properties require a 10 foot side yard setback, in addition to the 20 foot alley and the 20 foot rear setback of the homes to the south. To the north and east there is a minimum right-of-width of 80 feet across West Avenue C and Hill Street separating the properties from the homes to the north and east.
4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.
The applicant owns the 0.5 acres of land immediately east zoned RM-1 and has owned these properties since 1996. Now that the applicant plans to develop a multi-family housing development, adding these properties to the contiguous holdings would provide additional area necessary to facilitate the development for building(s), parking, driveways and maneuvering area. Moreover, given that there has not been any new construction on multi-family residential on the lots already zoned for this development, this would appear to indicate that some change is needed to in order facilitate the activity.
5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.
Any grading, drainage and stormwater issues would be reviewed by Engineering Staff at the building permit stage. The use being proposed with this amendment is not one which would be normally associated with creating adverse impacts on the natural environment.
6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.
Based on the policies cited above in the City’s Comprehensive Plan and the surrounding area, there appears to be a community need for more multi-family housing. Growth continues in San Angelo and more multi-family housing would
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provide additional accommodation to new residents and families coming as a result. The site is small enough and close enough to existing commercial development that it would not be encroaching into the existing low density residential area. It is being proposed as an extension of the existing RM-1 zoning immediately to the east.
7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.
West Avenue C which abuts the subject properties, and Hill Street which abuts the existing properties to the east, meet the minimum required paving width of 36 feet for existing local roads in the City’s Master Thoroughfare Plan. It would appear the existing road network can accommodate the 12 additional housing units.
Notification:
On January 12, 2015, 15 notifications were mailed out within a 200-foot radius of the subject site. As of February 6, 2015, there were two (2) responses, one (1) in favor and one (1) in opposition of the request (see attached).
Action Requested:
The action requested is for City Council to APPROVE Case Z14-39 for a Rezoning request from the Two-Family Residential (RS-2) zoning district to the Low Rise Multifamily Residential (RM-1) zoning district.
Attachments: Aerial Map Future Land Use Map Zoning Map Major Thoroughfare Map Notification Map List of Individuals/Entities Notified Response Letters Photos of Site and Surrounding Area Concept Site Plan Concept Building Elevations Concept Floor Plan Draft Ordinance
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LIST OF INDIVIDUALS / ENTITIES NOTIFIED
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Photos of Surrounding Area
Looking South at Subject Property Looking West at Subject Property
North East
West
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Concept Site Plan
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Concept Building Elevation
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Concept Floor Plans
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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: 217 and 217.5 West Avenue C, located approximately 230 feet southwest of the intersection of West Avenue C and Hill Street; more specifically occupying the Fort Concho Addition, Block 20 1/2, the east 60 feet of Lot 7, and Block 20, the east 60 feet of Lot 7, in central San Angelo, a request for approval of a zone change from Two-Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1); PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
RE: Z14-39: Gilbert Arocha
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:
217 and 217.5 West Avenue C, located approximately 230 feet southwest of the intersection of West Avenue C and Hill Street; more specifically occupying the Fort Concho Addition, Block 20 1/2, the east 60 feet of Lot 7, and Block 20, the east 60 feet of Lot 7, in central San Angelo, a request for approval of a zone change from Two- Family Residential (RS-2) to Low Rise Multifamily Residential (RM-1), shall henceforth be permanently zoned as follows: Low Rise Multifamily Residential (RM-1) District.
The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.
SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.
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SECTION 3: That the following severability clause is adopted with this amendment:
SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that, if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
SECTION 4: That the following penalty clause is adopted with this amendment:
PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.
INTRODUCED on the 17th day of February, 2015 and finally PASSED, APPROVED AND ADOPTED on this the 3rd day of March, 2015.
THE CITY OF SAN ANGELO
______Dwain Morrison, Mayor
ATTEST:
______Bryan Kendrick, Interim City Clerk
Approved As To Content: Approved As To Form:
______Patrick Howard, AICP, Director Lysia H. Bowling, City Attorney
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City of San Angelo
Memo
Date: January 5, 2015
To: Mayor and Councilmembers
From: Patrick Frerich, Assistant Director of Operations, Operations Department
Subject: Agenda Item for February 17, 2015 Council Meeting
Contact: Patrick Frerich, Operations Department, 657-4206
Caption: Regular item
First public hearing and consideration of introducing an ordinance reducing the speed limit on a portion of Sherwood Way.
AN ORDINANCE AMENDING CHAPTER 10, ENTITLED “TRAFFIC CONTROL”, ARTICLE 10.03, ENTITLED “OPERATION OF MOTOR VEHICLES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ALTERING THE MAXIMUM SPEED LIMIT ON SHERWOOD WAY BEGINNING AT THE INTERSECTION OF CLARK STREET AND EXTENDING WEST TO THREE HUNDRED (300) FEET WEST OF THE INTERSECTION OF SOUTHLAND BOULEVARD, WITH SUCH STREET BEING LOCATED IN THE CITY OF SAN ANGELO, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
Summary: This ordinance will lower the speed limit to 40 miles per hour on a portion of Sherwood Way, beginning at Clark street and extending west to approximately 300 feet west of Southland Blvd.
History: Sherwood Way is owned and maintained by the State of Texas, with traffic control regulated by the City of San Angelo Code of Ordinances, Article 10.03 OPERATION OF MOTOR VEHICLES, Division 2, Section 10.03.032. The Manual for Uniform Traffic Control Devices (MUTCD), allows posted speed limits to be within the 85th percentile of actual traffic speeds, with variations below the 85th percentile allowed, if appropriate, in areas where the roadway has a high driveway density and/or crash history. Studies of the roadway specified above reported 85th percentile speeds ranging from 46 to 49 miles per hour. Texas Department of Transportation recommends the speed limits for this roadway be reduced from 45 mph to 40 mph based on the high density of driveways and crash history along this segment.
Financial Impact: None. Texas Department of Transportation is responsible for all signage on this roadway, including speed limit signs. Related Vision Item None (if applicable): Other Information/ Staff recommends adoption of this Ordinance Recommendation:
Attachments: --Texas Department of Transportation Letter to City Manager and attachments --Ordinance --Map of Road Segments Presentation: n/a
Publication: n/a
Reviewed by Shane Kelton, Director of Operations Director:
Approved by Legal: February 9, 2015
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Mitchell N R L Southwest Blvd Aaron's Pontiac THU O AR Rent GMC X F To Own O Chicken Sherwood Way OAK CREEK DR R Express D D R Rosa's Cafe UICK BUICK ST B S T
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R A D E Red Arroyo C ¤£B67 Extending west,approximately 300 feet west of Southland Blvd. Document Path: K:\dept_operations\workarea\2015 proposed speed limit change sherwood dr.mxd
Proposed Speed Limit Change Area Streets Streets EXPRESSWAY ® HIGHWAY 1 inch = 300 feet MAJOR ROAD Proposed Speed Limit Change for Sherwood Way Segment PRIVATE ROAD GIS Division,City of San Angelo 2015
AN ORDINANCE AMENDING CHAPTER 10, ENTITLED “TRAFFIC CONTROL”, ARTICLE 10.03, ENTITLED “OPERATION OF MOTOR VEHICLES”, OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ALTERING THE MAXIMUM SPEED LIMIT ON SHERWOOD WAY BEGINNING AT THE INTERSECTION OF CLARK STREET AND EXTENDING WEST TO THREE HUNDRED (300) FEET WEST OF THE INTERSECTION OF SOUTHLAND BOULEVARD, WITH SUCH STREET BEING LOCATED IN THE CITY OF SAN ANGELO, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the regulation of traffic, motor vehicles and conveyances upon public streets, roadways and right-of-ways within the City Limits is essential and necessary to protect the traveling public and to preserve and protect the public safety of the City of San Angelo (“City”); and WHEREAS, the Texas Transportation Code authorizes municipalities to alter speed limits under certain conditions; and WHEREAS, an engineering and traffic study and survey has been made by the Texas Department of Transportation (“TxDOT”) to determine the maximum, reasonable and prudent speeds for vehicles traveling upon Sherwood Way to facilitate the most effective use of said street and the safe and effective movement of vehicular traffic thereon; and WHEREAS, the engineering and traffic study and survey performed by TxDOT establishes that that a prima facie speed limit of forty-five (45) miles per hour was unreasonable and unsafe for Sherwood Way proceeding from Clark Street to three hundred (300) feet west of Southland Boulevard; and WHEREAS, City Council finds it is necessary for the protection and safety for the citizens of the City of San Angelo to declare a reasonable and safe prima facie speed limit of forty (40) miles per hour for Sherwood Way proceeding from Clark Street to three hundred (300) feet west of Southland Boulevard; and WHEREAS, such reasonable and safe prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected giving notice of the new prima facie speed limit.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:
Section 1) THAT, the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.
Section 2) THAT, upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of the Texas Transportation Code, that a prima facie speed limit of forty (40) miles per hour for vehicles is hereby determined and declared to be reasonable and safe; and such speed limit is hereby fixed at the rate of speed indicated for vehicles traveling upon the named street or highway, or parts thereof, described as follows: (A) Along Sherwood Way beginning at the intersection with Clark Street and extending west to three hundred (300) feet west of the intersection with Southland Boulevard the prima facie speed limit is hereby set at a maximum of forty (40) miles per hour.
Section 3) THAT, the following severability clause is hereby adopted with this amendment:
SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.
Section 4) THAT, the following penalty clause is hereby adopted with this amendment:
PENALTY: Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense. Section 5) THAT, 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 , 2015.
CITY OF SAN ANGELO
ATTEST: BY: Dwain Morrison, Mayor
By: Bryan Kendrick, City Clerk
Approved as to Content: Approved as to Form:
Karl Bednarz, City Engineer Lysia H. Bowling, City Attorney
City of San Angelo
Memo
Date: 2/9 /2015
To: Mayor and Councilmembers
From: David Knapp, Construction Manager
Subject: Agenda Item for February 17 Council Meeting
Contact: David Knapp, Construction Management; 325-262-1357
Caption: REGULAR Agenda Item
Consideration of approving the negotiated contract with Mid-Tex of Midland, Inc to construct the concession building (PK-03-14) and related site work in "The Bosque" in the amount of $371,264 and authorizing the City Manager or his designee to execute said contract.
Summary: Staff recommends approving the negotiated contract with Mid-Tex of Midland, Inc to construct the concession building (PK-03-14) and related site work at "The Bosque" in the amount of $371,264 and authorizing the City Manager or his designee to execute said contract.
The Request for Proposal, RFP PK 03-14, for the construction of the Bosque Concession Building was advertised beginning November 25, 2014. A pre- proposal meeting was held on December 4 and 2 potential proposers attended. Proposals were due December 18 and Mid-Tex of Midland was the only proposal submitted by the deadline.
The 392 SF wood frame building with metal siding and almost 1300 SF metal roof for the building and covered seating areas would serve as the anchor for the concessionaire to operate the Bosque and manage food trucks, the miniature golf course, paddle boats, washers & bocce ball and other activities along the river while providing food, beverages and other sundries to the public.
The proposed project cost was $408,000.00 and includes site work, utilities and building construction. The negotiated price has been reduced to $371,264 which includes an additional $7,452 for Alternate #2 to provide 3 power pedestals for food truck use.
The proposed construction time is 120 days.
History: City Council authorized staff to complete the design and solicit a request for proposals for the construction of the concession building in the games court area, “The Bosque,” on February 18, 2014. Council approved the selection of San Angelo Host Events, Inc. as the concessionaire for "The Bosque" and to occupy the proposed concession building for operation on November 18, 2014. The City received proposals for the Design/Build contract for a new miniature golf course at The Bosque on January 6, 2015. After review and evaluation of these proposals, Staff will return to Council requesting approval to negotiate a contract. The City approved the selection of Mid-Tex of Midland, inc. thus allowing staff to negotiate a contract on January 6, 2015.
Financial Impact: The project will be funded by the River Improvement Funds approved for river bank stabilization and development including "The Bosque". There is approximately $900,000.00 available. The current proposal is for $371,264.
The remaining funds would be used for the proposed miniature golf course and other amenities in this area.
Related Vision Item Downtown and River Development (if applicable):
Other Information/ Staff recommends Council authorization to execute a contract with Mid-Tex of Recommendation: Midland, Inc. for the construction of the Concession Building in the amount of $371,264. Attachments: None
Presentation: Yes
Publication: RFP Advertised in the Standard-Times on November 25 and December , 2014 and posted on the City’s webpage.
Reviewed by Rick Weise, CMO and Carl White, Dir. Of Parks & Recreation Director:
Approved by Legal:
The Bosque Concession Building February 17, 2015 The Bosque Concession Building • Consideration of approving the negotiated contract with Mid-Tex of Midland, Inc to construct the concession building (PK-03-14) and related site work in "The Bosque" and authorizing the City Manager or his designee to execute said contract. The Bosque Concession Building Key elements to the success of “The Bosque”: • Current Development Phase II includes 3 elements • Concessionaire - to operate and manage “The Bosque” amenities including food trucks, miniature golf, concession building, etc. (authorized negotiations Nov. 2014) • Concession Building - the anchor to the Bosque development to provide food, beverage, etc. for concessionaire to operate (approval to execute contract Today) • Miniature Golf Course – to be built by the City (Design / Build RFP) but operated by the Concessionaire (approval to negotiate Today) The Bosque Concession Building The Bosque Concession Building The Bosque Concession Building • Phase II - Project Budget: 2014 • Concession $225,000 • Miniature Golf course $175,000 (Pending Negotiations) • Site work $ 50,000 • Utilities $ 70,000 • Design $ 30,000 • Contingency $100,000 • Total $650,000
• Presented to Council in February 2014 The Bosque Concession Building
• Proposed Construction: Mid-Tex of Midland, Inc. • Concession Bldg $221,983 • Site / Utilities $141,829 • Alternate #2 (Utility) $ 7,452 • Total $371,264
• Building Areas: $221,983 • Enclosed 392 SF ($575/SF – not accurate) • Small space requires full water, sewer and electrical utilities as does any other home or office building • Building includes restroom, 3 compartment sink and utility room mop sink • Roof Area 1,282 SF ($175/SF - more accurate) • Large Roof area creates outdoor spaces (usable space) for seating , etc. The Bosque Concession Building The Bosque Concession Building
• Proposed Construction: Mid-Tex of Midland, Inc. • Concession Bldg $221,983 • Site / Utilities $141,829 • Alternate #2 (Utility) $ 7,452 • Total $371,264
• Site / Utility Areas: $149,281 • Service Road (12’ w) 240 LF Change grade prep • Eliminate structural element for the road will limit access after rain events • Concession Area DG 3200 SF Could be reduced • Large open area for food trucks and seating • Utility Trenching 590 LF Plumbing / Electrical • Multiple trenches to bring utilities to the building The Bosque Concession Building The Bosque Concession Building The Bosque Concession Building • Phase II - Project Budget: February 2014 • Concession $225,000 $221,983 • Miniature Golf course $175,000 $175,000* • Site work $ 50,000 $149,281 • Utilities $ 70,000 • Design $ 30,000 $ 30,000 • Contingency $100,000 $ 75,000 • Total $650,000 $651,264
• Available Funds $900,000 • Phase II Expenses $ 651,264 • Phase III Funds (est.) $ 248,736 The Bosque Concession Building • Staff Recommendation: • Execute a contract with Mid-Tex of Midland, Inc. and begin construction on the Concession Building
• Approval to negotiate with Harris Miniature Golf Courses, Inc. for Design/Build contract at The Bosque. The Bosque Concession Building • Follow up: • Ask Approval to execute a contract for the Design and Construction of the miniature golf course with Harris Miniature Golf Courses, Inc.
• Begin planning for best use of remaining funds to improve the river experience at The Bosque
City of San Angelo
Memo
Date: 02/06/15
To: Mayor and Councilmembers
From: David Knapp, Construction Manager
Subject: Agenda Item for February 17 Council Meeting
Contact: David Knapp, Construction Management; 325-262-1357
Caption: REGULAR Agenda Item
Consideration of selecting Harris Miniature Golf Courses, Inc. to provide Design /Construction services for the Putt-Putt Golf Course (PK-01-14) project at "The Bosque", and authorizing the City Manager or his designee to negotiate said contract. Summary: The RFP was released in November 2014 requesting proposals from qualified candidates to design and construct a miniature golf course in the Bosque area along the river. Two proposals were received on January 7, 2015 from Harris Miniature Golf Courses, Inc. from New Jersey and Chapman Harvey Architects of Lubbock. Chapman Harvey Architects did not meet the criteria for a Design/Build contract, thus Harris Miniature Golf Courses, Inc. was the only qualified respondent. They have been working in the miniature golf industry for over 30 years and have completed several project in Texas. We will return to council after the contract is negotiated for approval to execute said contract.
History: Planning for Phase II development of "The Bosque" began soon after the completion of Phase I River Improvements. A committee was formed in 2013 to evaluate the needs for this area, develop a master plan and determine what key features would best enhance the area and expand on the successes of Phase I. Council gave direction to move forward with key components; establishing an agreement with a concessionaire to operate the concession stand and related functions, construction of the concession building and construction of the miniature golf. As we finalize negotiations with the concessionaire and the construction of the concession building, it is important to negotiate the contract with this contractor in order to coordinate both construction projects for a common Grand Opening.
Financial Impact: At the February 18, 2014 City Council Meeting, $175,000 was directed to be budgeted out of the River Improvement Funds for the development of a 18 hole miniature golf course at "The Bosque". Harris Miniature Golf Courses, Inc. proposal is within budget.
Related Vision Item Downtown River Development (if applicable):
Other Information/ Staff recommends Council authorization to proceed with negotiations with Recommendation: Harrison Miniature Golf, Inc. for the design and construction of the 18 hole miniature golf course in "The Bosque". Attachments: None Presentation: None
Publication: None
Reviewed by Rick Weise, ACM and Carl White, Dir. Of Parks & Recreation Director:
Approved by Legal:
City of San Angelo
Memo
Date: February 11, 2015
To: Mayor and Councilmembers
From: Robert Salas, Neighborhood & Family Services
Subject: Agenda Item for 2/17/2015 Council Meeting
Contact: James Flores, Code Compliance Manager, 657-4409
Caption: Regular
Discussion and possible direction to staff regarding used tire nuisance, abatement, and disposal and related issues
Summary: Staff led discussion on possible remedies under current ordinances addressing health, junk and unsightly, and nuisance issues leading up to the abatement and disposal of used tires for violations. This item is to discuss the issues and obtain council direction for staff action.
History: Historically, staff has received numerous complaints about vector breeding, especially mosquito where discarded tires have acted as breeding grounds due to the retention of water. Staff has remediated the problem by working with property owners and spraying through our Department of Operations. However, it has not proven effective in the long run. After discussing the issue with TCEQ experts, staff has obtained a clearer understanding of state requirements and possible options for local governments to abate and dispose of nuisance tires which we feel are covered under current ordinances.
Financial Impact: None.
Related Vision Item (if Neighborhood Vision – to help foster a sense of community and ensure safer applicable): neighborhoods.
Other Information/ This item is for discussion. Staff will require direction from council on any future Recommendation: actions and to help set the scope of those actions.
Attachments: None.
Presentation:
Publication: None.
Reviewed by Director: Robert Salas, Neighborhood & Family Services.
Approved by Legal: N/A
City of San Angelo
Memo
Date: 02/04/15
To: Mayor and Council members
From: Patrick Howard, AICP, Director of Planning & Development Services AJ Fawver, AICP, Planning & Development Services Administrator Subject: Agenda item for 02/17/15 Council meeting
Contact: Patrick Howard (325) 657-4210 AJ Fawver Paris Rutherford, Catalyst Urban Development, (214) 796-6063 Caption: REGULAR Agenda Item
Presentation, discussion, and possible action regarding the recommendations of the Downtown Master Developer, Catalyst Urban Development, as they relate to:
a. Public/private partnerships and other tools available to incentivize projects within the Downtown Development District in a manner consistent with the adopted Downtown Master Development Strategies document; and,
b. Endorsement of three strategic incentive models for future application as projects are identified within the Downtown Development District.
Summary: Pursuant to the active contract with Catalyst Urban Development, a discussion of incentives and other tools to influence strategic development within the Downtown Development District will take place on February 17th. The attached memorandum prepared by Catalyst Urban Development is organized into four sections: I. Workplace Infill II. Restaurant Infill III. Housing Infill IV. Development Incentives Sections I - III address specifics of the demand level, identifies ideal locations for the type of development, an implementation strategy, investment scenarios, and suggestions for financing. Section IV outlines various incentive types, which - in combination - could work to fill the existing economic gap for each project category. These sections together form a basis for policymaking to create synergy within the Downtown Development District; the discussion and ultimate feedback given on this approach will determine the direction the remainder of Phase II continues in.
History: Phase II of a contract in which Catalyst Urban Development would act as the City's Master Developer was executed in January of 2015. This phase moves into the "horizontal development positioning" - refining project concepts, analyzing approaches to mitigate an economic gap for projects, and marketing these concepts, for example. Task 2.3.2 of this contract addresses the presentation of ideas summarized in the items' caption to the City Council for discussion. The first task in Phase II was the completion of the attached memorandum. This memorandum outlines the refinement of the three project concept recommendations outlined in the Downtown Master Development Strategic Plan (adopted by Council on December 17 of 2013) and details specific issues associated with successfully introducing these project types into the Downtown Development District - which the market analysis from that same Plan showed a demand for. Task 2.1.2 required Catalyst Urban Development to attend a coordinated meeting to discuss these project types and related issues. On January 27th, meetings were coordinated between Catalyst and a variety of individuals representing local institutions, industries, associations, commissions, and businesses. This series of meetings ended with the Downtown Development Commission meeting that afternoon. Mr. Rutherford at that time presented to the DDC members an overview of the day's discussions and touched on the next steps, to include the February 17th meeting of the City Council.
Financial Impact: N/A
Other Information/ N/A Recommendation:
Attachments: Memorandum, dated 01/26/15, from Catalyst Urban Development to City Staff
Presentation: Paris Rutherford, Principal, Catalyst Urban Development
Publication: N/A
Reviewed by Patrick Howard, AICP, Director of Development Services (02/04/15) Director:
Approved by Legal: N/A
MEMORANDUM
Date: January 26, 2015
To: AJ Fawver Planning and Development Administrator; City of San Angelo Patrick Howard Director of Planning and Development Services; City of San Angelo
From: Paris Rutherford Principal; Catalyst Urban Development, LLC
Re: Task 2.1.1 – Update Memorandum
The following technical memorandum outlines a further analysis of the three catalytic project recommendations identified in the Downtown Master Development Strategy (Phase One) approved by the City of San Angelo in 2013. This memo outlines more specific issues associated with Phase Two tasks of the Strategy that may be taken to accomplish the goals for each redevelopment type as defined in the 2013 report.
Background
With its existing urban framework, historic buildings and cultural assets, Downtown San Angelo is well positioned to capitalize on its potential as a vibrant and dynamic mixed-use center of employment and entertainment. A stronger Downtown experience will benefit the regional profile of San Angelo as an employment and investment location and create momentum that will expand the City’s overall tax base, economic profile, quality of life, and identity as a distinct place rich with character. This potential for change in San Angelo is evidenced through countless examples of urban regeneration across the Country in large and small markets alike.
To achieve these goals, the Downtown Master Development Strategies Report prepared in 2013 suggested redevelopment in Downtown San Angelo should focus on three specific infill development types – workplaces, restaurants and housing. A thought leader in modern urban studies and planning, Jane Jacobs, famously identified that "you can't rely on bringing people downtown, you have to put them there." The development priorities proposed for Downtown San Angelo are rooted in that concept that a thriving downtown experience requires daytime population (workforce), nighttime population (housing), and commercial inducement (restaurants) that will put people downtown. While there are other worthwhile uses that can also strengthen downtown, these three priority uses were focused upon due to their relative simplicity to execute and the driving market factors identified in the Report (see pages 2-5 in the Analysis for discussion on primary economic drivers; see pages 6-15 on analysis of San Angelo’s trade area; see pages 16-22 for programming summary for each use; see pages 38-57 for redevelopment concepts for each use).
I. WORKPLACE INFILL – New Employment in Downtown
1.1 Employment Demand
The primary economic drivers in San Angelo’s trade area have been identified as the health care sector, ASU, Goodfellow AFB and the energy sector. These four drivers influence the San Angelo employment
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 1 market in meaningful ways, and provide long-term stability to San Angelo’s employment offerings. As the City and its marketing partners devise strategies to attract employment to the San Angelo market, special attention should be paid to the leveraging of these economic drivers towards new and creative employment infill within downtown. a. Demand Characteristics
The full San Angelo employment market has been identified and categorized on page 14 of the Report by industry and percentage of market capture. The following to list identifies the top categories (with their percentages of the total San Angelo workforce) that most easily relate to the type of building space that may be applied in downtown. Below each category are examples of such employers and primarily taken from the list of the top 20 employers within San Angelo as also identified in the Report.
1. Education services, health care and social assistance 24.9% Shannon Health System San Angelo ISD Angelo State University Baptist Retirement Center (Howard College)
2. Professional, scientific, management, administrative, and waste management 7.7% Performant DCS/HCS/VFI (SKG Engineering; Crenshaw, Dupree & Milam; Brockett & McNeel; Devon Energy)
3. Public Administration 6.7% City of San Angelo Tom Green County
4. Construction 5.8% Reece Albert (Templeton Construction)
5. Finance, insurance, real estate, rental and leasing services 5.5% BlueCross BlueShield of Texas (Wells Fargo, First Financial Bank, QualTrust FCU, San Angelo FCU, Citizens State Bank, First National Bank of Mertzon, Texas Bank)
6. Information 3.4% SITEL Verizon b. Basis Behind an Employment Attraction Policy
Targeted effort should be made in the analysis of these employment categories to determine synergies in use across other employment categories that could be capitalized downtown. For instance, the largest number of employees in SAISD is situated in or adjacent to downtown. Through strategic analysis, there are a host of related service companies that would benefit by being adjacent to these facilities. The fact that Goodfellow is in close proximity allows such synergies to be realized when
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 2 attracting related companies downtown. And providing an intown alternative to the location of flex office and light industrial facilities on the north side of downtown are another area of opportunity.
The addition of these new employees downtown from elsewhere in the City will bring regional benefits to downtown by increasing the daytime population and related impacts including added restaurant and housing demand. As such, specific research should be made identifying such potential across current employers within San Angelo to devise a strategy tailored to attracting these businesses to move into downtown--San Angelo’s only true urban place.
This is not to say that employment along the Loop or on the periphery of the City is negative. But, by orchestrating a policy to move businesses that are strategic to building synergies downtown allows a stronger collective impact than these same companies would provide simply coexisting with other land uses on the periphery. From the City’s perspective, such infill development in Downtown will introduce new daytime population that will further momentum in retail, service and restaurant investment, and will bring the added recognition that will strengthen San Angelo’s Downtown identity as a regional center of mixed-use experience that can advance the City’s brand itself.
1.2 Workplace / Workforce Infill Strategy a. Opportunity Sites
The opportunity sites analysis in the Downtown Master Development Strategy highlights four areas for new investment in employment uses. First, it identifies the existing office buildings in San Angelo to be equipped to handle more conventional office infill and should be marketed as such (albeit many are in need of improvement). Second, there are underutilized properties on the entire north side of downtown and around the railroad line that can accommodate larger footprint new development in which office may front the street with storage and parking behind. There are additional opportunities around Shannon Medical Center for new health-science infill development. And there are smaller sites along West Harris for infill of single user executive office buildings.
The map below identifies these potential workplace / workforce infill sites based on the physical analysis prepared in the report in which opportunity sites are hatched in red (see pages 28-42 of the Report for the full analysis leading to the identification of these general downtown opportunity sites). The yellow circles indicate opportunities for lower density flex office / light industrial infill, which at the time of the report anticipated immediate potential for energy sector uses. The orange circle identifies sites better suited for medium density office uses, including and not limited to medical uses.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 3
b. Demand Calculations
The Downtown Master Development Strategy identified the largest employment sectors, employers, and employment projections over the next 5-8 years. From the period between 2013 and 2023, the Census Bureau and ACS Survey identified an increase of 2,828 jobs in the San Angelo trade area. The analysis in the Report identifies 48% (excluding ASU and energy sector) of these jobs are tied to employment categories that can fill office space. When adding the potential measured at that time for employment growth related to ASU and the energy sector, an additional 5,818 jobs may be added. When combined, a total of 8,646 jobs have been reported as having possibility during this time period, with 48% (4,159 jobs) being office-oriented (as the capture pool for consideration downtown). Applying a potential capture rate of 25% as the goal for attracting such new growth downtown, and utilizing building area calculations associated with this number of people, the Report identified 220,936 sf of potential building space through 2025.
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For the purposes of calculating project applications, the following programming assumptions have been identified.
Traditional Office Space (30% of demand) 66,280 sf Light Industrial / Flex Office Space (70% of demand) 154,655 sf
Note: At the time of this memo, it is unclear how much of the baseline demand has filled in across the larger San Angelo trade area or within the Downtown area in particular. It is recommended that the City and Chamber identify this amount of office absorption through measurement of building permits and change in area office vacancy rates to further refine this opportunity analysis.
1.3 Implementation Strategy The City of San Angelo, in conjunction with the Chamber of Commerce and Downtown San Angelo Inc, should prepare a small business action plan that aims to provide certain amenities special to downtown employment uses that decrease operating expenses, increase efficiency, and add to a stronger workplace experience. These efforts would be economically incentivized to achieve initial catalytic investment. (see Development Incentives later in this memo)
1.4 Investment Scenarios There are two types of investment potential associated with Workplace / Workforce infill within downtown. These two approaches are defined below. a. Project Development – New Construction The development of new owner-occupant office and employment uses within downtown provides the largest opportunity for tax base growth, but at the highest cost and need for economic gap financing. The following scenario illustrates this point:
Program: 10,000 sf Development Cost (New Construction $200/sf): $2,000,000 Tenant Improvement Allowance ($20/sf): $200,000 Current Lease Rates: $18/sf Operating Costs: $8/sf Return on Costs Threshold: 8.5% Economic Gap Requiring Incentive: $950,000 b. Project Lease Requiring Acquisition and Renovation The acquisition, renovation and lease to third-party tenants in existing office or light industrial space within downtown provides needed daytime population within the core, and provides opportunities to upgrade existing older facilities and generate a stronger tax base. This carries with it the second highest cost of the three options, and generates the need for economic gap financing. The scenario below outlines this need.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 5
Program: 10,000 sf Development Cost (Renovation $50/sf): $500,000 Tenant Improvement Allowance ($20/sf): $200,000 Current Lease Rates: $15/sf Operating Costs: $8/sf Return on Costs Threshold: 8.5% Supportable Building Acquisition Price: $160,000
Note: Economic Gap would be difference between supportable acquisition price and market pricing, if any.
1.5 Gap Financing There are a range of both public and private tools that may be utilized to close the gaps described above. These range from simple grants, to various strategic loans with repayment mechanisms, to low cost senior debt. This collection of gap financing mechanisms is presented in the Development Incentives section of this document.
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II. RESTAURANT INFILL
2.1 Restaurant Infill Strategy The Downtown Master Development Strategy identified demand for six new restaurants over the next 10 years. (see page 25 of the report for the demand analysis). The Strategy suggests locating these restaurants along and near Chadbourne Street to create the critical mass needed for a more defined restaurant district. The map below identifies potential restaurant infill sites based on the physical analysis prepared in the report in which opportunity sites are hatched in red (see pages 28-42 of the Report for the full analysis leading to the identification of these general downtown opportunity sites). The specific sites identified for potential restaurant investment are targeted within the orange ellipse. These are presented for informational and programming purposes only and should not be considered mandates for redevelopment or acquisition.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 7
2.2 Implementation Strategy As part of the implementation effort, the following four steps are recommended. a. Strategized Programming -- The City and its downtown marketing partners, in coordination with existing restaurant owners, should document current cuisine options, and encourage a more diverse restaurant offering downtown through addition of new restaurant types. b. Coordinated Oversight -- Through this process, the City should help facilitate the creation of a Downtown Restaurant Association under the concept that a more coordinated and diversified restaurant offering in downtown will have a larger market impact and increase restaurant sales. c. Marketing Campaign -- Working with this Association, The City and its downtown marketing partners should create a marketing campaign for Downtown’s restaurant and entertainment establishments. Simultaneously, this group would prepare simple tenant improvement and signage criteria aimed to create a stronger visual presence for restaurants Downtown. d. Incentive Policy -- The strategy to attract new restaurants should include economic incentivizes if necessary to achieve initial catalytic investment.
2.3 Investment Scenarios In an effort to inform item (d) above, there are two investment scenarios that are summarized here for further review and consideration. a. Project Development – New Construction The development of new owner-occupied restaurants within downtown provides the largest opportunity for tax base growth as it combines new construction with operational gains. It also triggers the highest cost and need for economic gap financing in certain cases. A high-level summary of the potential economic gap is depicted below. More detailed financial analysis will occur in a later phase of this work effort.
Program: 5,000 sf Development Cost (New Construction $200/sf): $1,000,000 Tenant Improvement Allowance ($40/sf): $200,000 Current Lease Rates: $15/sf Operating Costs (Non-reimbursable CAM): $1.25/sf Return on Costs Threshold: 8.5% Economic Gap Requiring Incentive: $350,000 b. Project Lease Requiring Acquisition and Renovation The acquisition, lease and renovation of existing building stock within downtown for restaurant uses provides needed activity and opportunities to upgrade existing older facilities that generate a stronger tax base. This triggers the second highest cost of the three options, and may generate the need for economic gap financing. The scenario below outlines this need.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 8
Program: 5,000 sf Shell Development Cost (Renovation $20/sf): $100,000 Tenant Improvement Allowance ($40/sf): $200,000 Current Lease Rates: $15/sf Operating Costs (Non-reimbursable CAM): $1.25/sf Return on Costs Threshold: 9.0% Supportable Building Acquisition Price: $505,000
Note: Economic Gap would be difference between supportable acquisition price and market pricing, if any.
2.4 Gap Financing There are a range of both public and private tools that may be utilized to close the gaps described above. These range from simple grants, to various strategic loans with repayment mechanisms, to low cost senior debt. This collection of gap financing mechanisms is presented in the Development Incentives section of this document.
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III. HOUSING INFILL – Expanding the Nighttime Population in Downtown
3.1 Housing Infill Strategy The addition of urban housing units within downtown is fundamental to achieving the activity and reinvestment specified in the City of San Angelo’s various policy statements regarding downtown. Such housing infill brings three benefits to downtown. First, it delivers a nighttime population base that is present to frequent downtown restaurants and retail. Second, it adds new building massing that has a strong visual impact on the downtown form. And, the addition of housing allows downtown’s competitive position to be strengthened as it expands its use offering (while also combining with the first two benefits described here). a. Housing Infill Concept The Downtown Master Development Strategy has identified two areas suitable for immediate infill of various residential products within downtown. The neighborhoods surrounding the Arts Walk and Historic Fort Concho are ripe for lower density infill development that includes small lot single-family, attached single-family and townhomes, and lower density multifamily on primary corridors. The properties along the Concho River hold immediate potential for the infill of medium and higher density multifamily development, so long as these are implemented utilizing a higher quality standard of exterior masonry materials and architectural designs that compliment adjacent downtown structures. The addition of a new residential night-time population will further the goals for strengthened commercial development in downtown and provide a new population and activity that will help further Downtown’s identity as a regional mixed-use destination. b. Housing Infill Opportunity Sites The Downtown Master Development Strategy shows potential development areas for medium density housing (see pages 54-56). In the attached plan diagram, the yellow circle highlights lower density housing opportunities that can leverage the nearby cultural and historic amenities towards the creation of a more vibrant in-town community. The orange circle highlights medium density housing opportunities around the Concho River that can leverage this riverfront location to better connect downtown to the Arts and Historic District, provide new gateways into Downtown, and create a stronger Concho River zone. These are presented for informational and programming purposes only and should not be considered mandates for redevelopment or acquisition.
It should be noted that properties fronting the Concho River are ideally located to allow the creation of a medium density residential community with direct access to Downtown’s retail, restaurant and cultural user core, near the City’s employment anchors, and focused on strengthening the riverfront experience. Development on both sides of the river will leverage the City’s recent investments in the nearby public spaces and artwork, will provide pleasant views both to and from downtown, and provide a critical mass of ongoing residents that will further support downtown businesses. All developments should be designed to enhance the historic, cultural, and community features of the adjacent areas.
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3.2 Housing Infill Programming The Downtown Master Development Strategy identifies a total projected need of 2,452 new multifamily units over the next 10 years (see pages 25-27 in the report). Applying a 25% capture rate and segmenting total households to those that can afford rents that justify new construction, housing demand for downtown is shown as 613 multifamily units over this same time period.
3.3 Implementation Strategy In order to realize the investment in and development of the identified housing potential, several steps are recommended. a. Land Control – The City and the San Angelo Health Foundation control key properties identified within the housing strategy. The City should enter into a binding Letter of Intent with a qualified interested developer in which the land is offered for such development. b. Regulatory Consistency – As part of this process, the City would work with the developer to ensure zoning and other regulations are coordinated with project design in a manner that allows such infill urban housing to occur. c. Gap Financing – The City would work with the developer to identify any economic gaps and determine methods and agreements to close these gaps through gap financing techniques. City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 11
d. Public/Private Partnership – This effort would culminate in a public/private partnership and development agreement that defines the funding and land offering identified above, as well as what the development shall be.
3.4 Economic Gap Housing development in and around the riverfront will carry higher site costs and material standards inherent and necessary in this high-visibility area. Such development will also carry costs associated with maintaining a fully connected public access with accompanying improved open spaces. As these higher costs add higher risk to the initial investors, and given such ongoing development will require initial private successes to provide new comparables that future/on-going developments will require, the City and related groups such as the San Angelo Health Foundation may help mitigate this higher cost of development by making their lands available for purchase or ground lease at rates conducive to such initial development. Further, the downtown tax increment reinvestment program (and the other Urban Development Finance Tools identified in this document) should be focused to assist in the payback of certain site improvements that further the larger goal of interconnectivity and public spaces in these areas
3.5 Investment Scenario The development concept of new infill residential uses as identified in the Downtown Master Development Strategy (see page 56) carries with it an economic gap due to the factors described in the previous item. A high-level summary of this gap is depicted below. More detailed financial analysis will occur in a later phase of this work effort.
Program: 200 units Development Cost (New Construction $145/sf): $24,650,000 Current Lease Rates: $1.30/sf per month Operating Costs: $.57/sf per month Return on Costs Threshold: 8.0% Economic Gap Requiring Incentive: $3,700,000
3.6 Gap Financing There are a range of both public and private tools that may be utilized to close the gaps described above. These range from simple grants, to various strategic loans with repayment mechanisms, to low cost senior debt. This collection of gap financing mechanisms is presented in the Development Incentives section of this document.
For the purposes of illustrating an example of the market need for public/private partnering necessary to implement these catalytic investments, the Letter of Intent prepared by Catalyst Urban Development, LLC and delivered to the City of San Angelo in 2Q 2014 for the development of loft residential development on approximately 6.82 acres of City owned property along the Concho River
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 12 identified such need for gap financing. In this example, the LOI identified a diverse mixture of gap financing tools as outlined below.
(a) The City would enter in to a ground lease of its property with Developer
(b) The City would fund infrastructure improvements (presumably through TRZ financing)
(c) City would waive all municipal fees
(d) City would issue a tax exemption certificate for the materials required for the Public Infrastructure
(e) The City would provide an abatement of all City taxes for the Project over the initial 24 year lease term
(f) The City would assist the Developer in obtaining an abatement of county taxes over a 15 year period
(g) City would assist the Developer in obtaining all required permits and approvals
(h) Project grant
Note: This LOI has not been accepted by the City at the time of this memo. Its outline here does not identify any approval of its contents. Rather, these requests are simply identified here to provide one example of gap financing that has been advanced to the City in effort to implement the Downtown Master Development Strategy.
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IV. DEVELOPMENT INCENTIVES
A. Current Incentives The City of San Angelo has allowed a range of development incentives for projects that bring new business and create impactful improvements to downtown. A listing of these incentives follows.
1. Tax Increment Reinvestment
1.1 Focused Projects The following categories have been identified by the City as being target projects of focus with the TRZ. a. Office/Workforce Infill Goal: $138,623 80% ($110,898) for projects from $10,000 to $75,000, total 20% ($27,724) for projects up to $10,000, total b. Restaurant Infill Goal: $138,623 80% ($110,898) for projects from $10,000 to $75,000, total 20% ($27,724) for projects up to $10,000, total c. Housing/Hotel Infill Goal: $138,623 80% ($110,898) for projects from $10,000 to $75,000, total 20% ($27,724) for projects up to $10,000, total
1.2 Eligibility Projects that fall within these targets are eligible for the following incentive categories. a. Sales Tax on Construction Materials Cost of sales tax on locally purchased construction materials and equipment used on the project. b. Development Fee Reductions Cost of the following development fees. Preliminary Plat, Final Plat, Amended Plat and Replat application fees Abandonment of public right of way application fees Application fees for release of easements Dedication of a public right of way or easement Special Use, Conditional Use or Zone Change application fees Building Permit fees Off site sign demolition permit fees (removal of billboards) Permit fees for demolition of any non-historic building or structure Water tap fees c. Secondary Egress Costs involved in the installation of additional exits if required by International Fire or Building codes. d. Asbestos Abatement Costs involved in the abating of asbestos if required by International Fire or Building codes.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 14 e. Sprinkler & Monitored Smoke Alarm System Costs involved in the installation of a sprinkler or monitored smoke alarm system if required by International Fire or Building Codes. f. Paving Costs involved in approved paving (parking areas, driveways, sidewalks, and curbing) if required by City Code or International Fire or Building Codes. g. Outside Storage Screening Costs involved in the approved screening of outside storage areas. h. New Sign Installation Costs involved in approved new exterior signage. i. Landscape Installation Costs involved in approved new drought tolerant landscaping. j. Facade Improvement Costs involved in approved facade improvements on existing buildings. Buildings identified as resources in the 2006 and 2009 Historic Resources Survey are strongly encouraged to apply, at no cost to the applicant, for a Historic Overlay through the Design and Historic Review Commission. k. Property Tax In addition to the funding package items defined above, TIRZ funds could cover a portion of property taxes. Specifically, the increment between the original tax amount and the new tax amount following improvements beginning with the year a Certificate of Occupancy is granted may be eligible.
2. Tax Abatements
The City of San Angelo and Tom Green County may provide personal property and real estate tax abatements for periods of 5 to 7 years. Abatement levels range from 20% to 75% and are determined by the number of new jobs created and/or the amount of new investment in the community. All companies receiving the abatements must meet the minimum job creation level of 5 new jobs and no less than $250,000 in new valuation in either real estate and/or personal property.
2.1 Eligibility Businesses eligible for the tax abatements are shown below. Manufacturing Warehousing/distribution centers Home/regional administrative offices Data processing centers Telecommunications services
2.2 Alternative Concepts Tax abatement can be an effective reinvestment tool to help induce new activity within an area like San Angelo’s downtown. Given the eligible uses do not align exactly with the focus project types identified in the 2013 Master Development Strategies Report, the City may consider the addition of residential and restaurant/retail uses as eligible projects on a case by case basis depending on the level of impact they bring.
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3. Inventory Tax Exemptions All three taxing districts within San Angelo (City, County, and the San Angelo Independent School District) may provide 100% tax exemptions for inventory and work-in-process that will be shipped outside of the state of Texas and kept on site for less than 175 days. San Angelo is one of the few cities in Texas where all three taxing districts provide this incentive.
4. Tom Green County/San Angelo Enterprise Zone There are a limited number of projects selected state-wide, so job creation and job quality are important considerations for each project. Companies that are approved as designated projects within the zone are eligible for sales tax refunds of up to $2,000 per new employee over the 5 year period. The total amount of tax refunds is capped at $1,250,000 per company over the 5 years. An additional advantage to the program is a refund of state franchise taxes paid. The company receiving the benefits of the program must agree to hire 25% of their new employees from within the zone.
5. Sales Tax for Economic Development San Angelo voters approved a 1/2 cent increase in the sales tax for community and economic development projects. The San Angelo Development Corporation has established priorities for manufacturing, warehousing/distribution, telecommunications services, data processing, and home/regional offices. Loans and grants are available for buildings, land, equipment, training, site infrastructure, moving expenses, lease subsidies, and other expansion costs. The minimum job and investment thresholds are 5 new jobs and $125,000 in new investment. Job retention may also be considered. The project must meet state mandated NAICS codes and “a definition of primary employees.” Depending upon the wages and types of jobs created, the Development Corporation may provide assistance from $1,000 to $5,000/new job. High skill-high wage jobs may carry a higher incentive level. New and existing companies are eligible. Financial assistance may be provided through the following: Grants Loan participation(s) with local financial institutions
6. Main Street Design Assistance: San Angelo was designated a Texas Main Street City by the Texas Historical Commission (THC) in 2005. One benefit of this designation is free architectural design assistance provided by the design staff of the THC’s Main Street Program. Property owners within the Main Street district benefit from architectural services for rehabilitating storefronts, entire buildings, sign design and conducting building maintenance projects on historic structures. Services generally include on-site visits, architectural renderings, color selection and other design assistance related to building rehabilitation. These services are coordinated through the Downtown San Angelo, Inc. office.
7. Grow San Angelo Fund This fund is a partnership between the San Angelo Development Corporation and the Grow America Fund, Inc. (GAF). The Grow San Angelo Fund is an SBA 7(a) guaranty program administered by the National Development Council (NDC). NDC is one of the nation’s oldest not-for-profit corporations specializing in community, economic and public facility development. The Grow San Angelo fund is designed to help small businesses within the City of San Angelo obtain the financing required to grow their business. GSA will look to finance healthy, successful small businesses that need expansion capital.
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Other Assistance The Chamber of Commerce can provide coordination of services such as incentives, training, financing arrangements, find available land and buildings, and refer business owners to helpful services provided by Angelo State University, Small Business Development Center and the Concho Valley Center for Entrepreneurial Development.
B. Other Incentive Programs In addition to the incentives noted in the previous section, there are other programs and activities the City and private developers may undertake to bring new investment in downtown. A summary of these items and applicability to downtown follows below.
1. City-Sponsored Programs
1.1 Additional Tax Increment Financing Techniques Tax Increment Reinvestment Financing is an effective reinvestment tool that many cities utilize to help induce new activity within an area like San Angelo’s downtown. While the eligible costs identified the in the current TRZ project and finance plan above are a positive use of the TRZ policy, the following reflects additional techniques to apply tax increment financing that may also be useful. a. Infrastructure Storm sewer Sanitary sewer Water Electrical (overhead service or below grade service) b. Other Project Costs Pre-Development Costs (design and professional service fees, land carry, etc.) Special Financing Tool Expenses (HUD Section 108 loan carry costs, New Markets Tax Credits legal expense, Historic Tax Credit legal expense, etc.)
1.2 Land Cost Land assembly can be one of the most difficult challenges associated with development within downtown. The following programs have been utilized by other communities having similar goals. a. Public Land Donation The City owns key parcels within the downtown area that may be offered to the developer zero or below-market pricing as part of an incentive program to facilitate larger reinvestment. b. 380 Land Write-Down As many properties within downtown are privately owned and consist of existing cash-flowing improvements, the cost of assembly can be a major detriment to the redevelopment of property. Through the use of a 380 Agreement, and funded through the community and economic development funds program or other source. c. Industrial Development Program (NIFA) Through the Industrial Development Program, NIFA seeks to encourage the investment of private capital in order to stimulate economic activity, create jobs, provide adequate health care facilities and expand
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 17 the tax base throughout the state. NIFA has the authority to issue revenue (tax exempt) bonds or other debt instruments to raise funds used to finance eligible projects. The bond issues are repaid from the proceeds received by NIFA from the borrower under a revenue agreement (i.e. lease, loan agreement, installment sale contract, or possibly TRZ). Generally, the maximum bond amount is $10 million, unless the project qualifies as an "exempt facility" such as solid waste facilities, nonprofit hospitals or nonprofit nursing homes.
1.4 San Angelo Economic Development Corporation could be leveraged as a financing arm of the City, offering a variety of financial products to assist the growth of downtown businesses, or those relocating to downtown. For debt, SADC could initiate various loan sizes on below-market terms that include low interest rates, extended terms, or subordination to senior private financing. Loan amounts would be generally determined based on the number of jobs created by a project and could be limited to no more than 40% of total project cost. In addition to financing of capital improvement projects, financing products would include working capital and loan guarantees for smaller emerging companies, bridge loans, and capital for projects that are positioned to achieve policy goals. For equity, SADC could work with other community-focused capital groups such as the San Angelo Health Foundation, San Angelo Baptist Foundation and others to fund predevelopment activities associated with approved projects. The SADC would offer special financing during all stages of approved projects – pre-development, property acquisition, construction, and permanent; with repayment occurring through various loan programs; Federal, State and Local grants; and possibly TRZ funding augmentation. Potential programs would include those defined below. a. Pre-Development Incentives
Pre-Development Loans / Lines of Credit / Recoverable Grants with up to 12-month terms are available to pay early project pre-development expenses, organizational cash flow needs or leasehold improvements for approved projects.
Bridge Loan Program to provide bridge financing for contract receivables, primarily Federal, State and City grants. b. Project Development Finance Incentives
Acquisition Loans with up to three-year origination periods are available to pay purchase and closing costs associated with property acquisition.
Subordinate Term Loan Program A Subordinate Term Loan program could be created to provide financing to experienced developers of approved commercial, industrial and multifamily projects of all sizes in Downtown. Through this effort, the City could seek to fill funding gaps in projects that achieve specific policy goals.
Partner Bank Guarantee program could be available to any small business or non-profit located in or planning to locate to downtown San Angelo that is having difficulty accessing conventional financing. Through this program, the City could provide a guarantee of up to 50% of the loan amount through an approved partner bank with a maximum guarantee amount of $250,000.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 18
Construction Loans with up to two-year terms and origination periods are available to pay hard and soft construction costs for rental housing, for-sale housing, community facilities and commercial or mixed-use projects.
Mini-Permanent Loans with up to seven-year terms, amortized over a maximum 12-year schedule, are available to provide permanent financing for rental housing and community facilities. c. EB-5 Loan Program The Federal EB-5 program provides an opportunity for prospective immigrants to invest in U.S.-based commercial enterprises, qualifying the investors for residency status. For instance, the City of Dallas has set the minimum investment at $500,000, while other communities have set this at $50,000. For this program to occur, a relationship with a processing entity would be created to form the required “Regional Center” that identifies foreign investors and processes their applications for low-interest senior financing for large-scale, job-creating projects undertaken by strong governmental, corporate or institutional sponsors. The program is under the oversight of the United States Citizenship and Immigration Services (USCIS). Given the global interest in the West Texas energy sector, and for this program to implement, the City and the SADC would work with its regional West Texas neighbors to form a Regional Center that administers the program. d. Financial and Technical Assistance could be offered to existing and proposed tenants in downtown that could include flexible loans and lines of credit with competitive interest rates and minimal closing costs, pre-negotiated and comprehensive group insurance rates (health, life, business, property, etc.). It is assumed such a program would be executed in close working relationship with Downtown San Angelo Inc. e. Encourage and Support Non-Profit in addition to For-Profit Developers to ensure all levels of development activity are harnessed through the use of both public and private capital around the City’s stated redevelopment vision.
1.5 Leverage Available Federal Tax Credit, Grant and Loan Programs There are a range of available tax credit programs that can be used by both public and private developers and building owners to leverage financing. The City can make these programs known to the specific sponsors of approved projects. Some of these programs are identified below. a. New Markets Tax Credit New Markets Tax Credit (NMTC) funds community and economic development projects in distressed communities. If eligible, the City may encourage and support the use of such Credits to leverage private- sector equity and loan capital investment into community development projects to stimulate economic growth and create jobs. b. Low Income Housing Tax Credits Low Income Housing Tax Credits (LHTC) can be used to deliver affordable housing in the downtown area per specific public policy goals. While these credits are sometime controversial as they are set up to induce affordable housing, many communities realize such housing will occur regardless of public policy and by managing the zoning and communication for such new investment becomes more locally empowering.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 19 c. Historic Rehabilitation Tax Credits The Historic Rehabilitation Tax Credit program is an invaluable tool to reestablish the former state of downtown structures with a historic designation. They are available at the Federal and State levels. d. HUD 221(d)(4) Mortgage Insurance There have been recent successful applications of the HUD 221(d)(4) insurance program in which HUD provides mortgage insurance to private banks delivering construction debt. At such projects as The Boulevard, this program was used to allow private developers lower cost financing and the City may work with HUD more proactively to better position such projects to advance its policy goals in downtown. e. Economic Development Administration (EDA) investment policy is designed to establish a foundation for sustainable job growth and the building of durable regional economies throughout the United States. This foundation builds upon two key economic drivers - innovation and regional collaboration. Innovation is the key to global competitiveness, new and better jobs, a resilient economy, and the attainment of national economic goals. Regional collaboration is essential for economic recovery because regions are the centers of competition in the new global economy and those that work together to leverage resources and use strengths to overcome weaknesses will fare better than those that do not. EDA encourages its partners around the country to develop initiatives that advance new ideas and creative approaches to address rapidly evolving economic conditions. The City should research the range of grants and assistance available through the EDA. f. Housing and Community Development Act (CDA) is a law designed to encourage commercial banks and savings associations to help meet the needs of borrowers in all segments of their communities, including low- and moderate-income neighborhoods. The City may work closely with its community banking partners to identify approved projects that meet its policy goals around downtown.
City of San Angelo -- Downtown Redevelopment Strategy -- Phase Two Tasks ---- 20
From: [email protected] To: Kendrick, Bryan; Franco, Maria Subject: City of San Angelo, TX Boards and Commissions application Date: Thursday, February 5, 2015 3:47:08 PM
A new entry to a form/survey you have subscribed to has been submitted.
Form Name: Boards and Commissions application Date & Time: 02/05/2015 1:46 PM Response #: 16 Submitter ID: 1844 IP address: 75.111.154.90 Time to complete: 31 min. , 53 sec.
Survey Details
Page 1
NOTE: This application is information of public record.
Public Service opportunities are offered by the City of San Angelo without regard to race, color, national origin, religion, sex or disability.
1. Personal information Name: Francis Jelensperger Address: 2645 Vista del Arroyo Dr ZIP code: 76904 Home/mobile phone: 9147332880 Office/mobile phone: NA Resident of San Angelo 2014 since (year): City Council Single- Elizabeth Grindstaff Member District in which you reside: Registered San Angelo yes voter? (yes or no) Occupation/business retired affiliation: Occupation/business 2645 Vista del Arroyo address: Title/position: Principal FJJ Consulting Email: [email protected]
2. By executing this document, the applicant does hereby certify and affirm the truth and accuracy of the information contained herein. The applicant further authorizes the City Council, or its designee, to verify any information. The applicant agrees to release and hold harmless the City from all claims incident to the verification of information contained herein. (○) Yes
3. Date 2/5/2015
4. Applying for:
NOTE: Specific membership requirements apply to boards/commissions marked with an asterisk. See the bottom page at this link for more details. (○) Parks and Recreation Advisory Board
5. Recommended by: (Name): Elta Joyce Mc Affee
6. Based on your board selection, do you meet the membership criteria? (○) Yes
7. If so, which criteria? Lives in San Angelo
8. Tell us about yourself. Education and/or professional licenses: -Masters in Management Paris (France) -represented french ownership at Monarch Tile in San Angelo (1980-1981) -CEO of HDR Inc (Architecture and Engineering) in Omaha NE (1987-1998) -Pt Alstom transportation Inc in New York City (1998-2005) Current municipal and civic organization memberships (positions and dates): none Previous municipal experience (positions, dates, where): -Member Commission for revision City Charter in Omaha (NE) 1985 -Worked with different Municipalities, States as CEO of HDR -Worked with different State Agencies (transit) as Pt of Alstom Transportation -Member construction commission for Bronxville School re-construction project (NY) -Worked with City of NY Transit Agency as Parsons VP during "Sandy" What personal qualifications can you bring to the board? -Senior -Planning , Engineering and Construction background -Served on many non-profit groups as CEO of HDR in Omaha -Budget and Finance as former CFO (3 times during career) What is your personal vision for the City? -Make the City more attractive to tourists and retirees and retain existing businesses and citizens -Continue to provide activities dedicated to maintain healthy behavior for all citizens -Would like to contribute to help coordinate master Plan including this vision -Ultimately bring economic stability by attracting more retirees (planned community if possible) and more tourists. Why do you want to serve on this board? I believe I can bring a unique (worldwide)experience for development and sustainability including all citizens of San Angelo in a responsible fiscal environment. Is there anything else you would like to share about yourself? I am French and became a US citizen in 1989. I made a short stay in San Angelo in the early 80s and fell in love with the City. Back in Dallas, I met a young lady from San Angelo and I married her later. Her family is still in San Angelo. I feel at home which is strange for a guy born in Paris (France)
The City Council adopted the Code of Ethics for members of the City Council and for the City's boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. Therefore, all Members shall comply with the laws of the nation, the State of Texas, and the City of San Angelo in the performance of their public duties. If you been convicted of a MISDEMEANOR or FELONY, and/or placed on probation, fined or given a suspended sentence such as pretrial diversion or deferred adjudication in court within the last ten years, disclosure of such should be forwarded under separate cover. For a complete copy of the Code of Ethics, contact the City Clerk at 325-657-4405.
Thank you, City of San Angelo, TX
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