1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, March 19, 2013
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
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 210, 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
Nutrition Month, March 2013, to be accepted by Betty Teston, Big Country Academy of Nutrition &
Dietetics, local organization for Dietitians and members of the American Academy of Nutrition & Dietetics
(form)
Lutheran Schools Month, March 2013, to be accepted by by Ron Fritsche, Principal of Trinity Lutheran
School
D. Recognition
Rex Rogers, for winning the contest suggesting the name for the City’s government access channel SATV
E. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the February 26, 2013 City Council Special meeting minutes and the
March 5, 2013 City Council Regular meeting minutes
2. Consideration of adopting a Resolution awarding bid CFM-01-13for Pest Control Services to Bug
Express authorizing the City Manager to execute related documents (submitted by Construction &
Facilities Manager Ron Lewis)
City Council Agenda Page 1 of 5 March 19, 2013
2. 3. Consideration of approving a residential lease renewal located at Lot 104, Group Shady Point, 6678
Knickerbocker Road (Persely), and authorizing the Water Utilities Director to execute the same
(submitted by Interim Water Utilities Director Ricky Dickson)
4. 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:
a. 1944 & 1948 Magnolia Street, (Gonzalez), Lots 1 & 2, Block 2, Avondale, $1,000.00, Suit No.B99-0081-
T
b. 207 E Avenue L, (Perez), E 50’ x 238’ of a 1 acre Tract, Fisher Miller, $750.00, Suit No.TAX89-0388B
c. 725 Hughes Street, (Salinas), Lot 9, Block 2, Culwell, $950.00, Suit No. B-03-0087-T
d. 816 Volney, (Salinas) Portion of Lots 6-8, Block 28, Miles, 1,500.00, Suit No. B-05-0192-T
e. 111 E 13th Street, (Salinas), Lot 7, Block 57, Miles, $1,200.00, Suit No. B-97-0170-T
f. 329 13th Street, (Salinas), Lot 2, Block 2, Pecan Place, $750.00, Suit No.TAX90-0083B
g. 1916 Shelton, (Sanchez), S ½ of Lot 12, Block 3, Home Acres, $2,500.00, Suit No.B-00-0043-T
5. Consideration of adopting a Resolution allowing the City Manager or his designee to negotiate and
execute a contract with the Chamber of Commerce Convention & Visitors Bureau allocating Hotel
Occupancy Tax funds (submitted by Assistant City Manager/Chief Financial Officer Michael Dane)
6. Consideration of adopting a Resolution appointing election officials for the election to be held on May
11, 2013; and providing for an effective date (submitted by City Clerk Alicia Ramirez)
7. Consideration of adopting a Resolution authorizing the City Manager to execute an Interlocal
Cooperation Agreement with the San Angelo Independent School District (SAISD) providing for
construction by the City of recreational and park improvements, not to exceed $175,000.00, for public
use on property owned by the SAISD generally known as Bradford Elementary School, to be
maintained by the SAISD (submitted by Parks and Recreation Director Carl White)
8. Consideration of adopting a Resolution authorizing the City Manager to execute a first amended lease
agreement amending the original lease agreement between City of San Angelo and Howard County
Junior College District, including extending the original lease term and providing for additional
improvements to be made on leased premises (submitted by Assistant City Manager Rick Weise)
9. Consideration of adopting a Resolution endorsing certain legislative action in the Regular Session of
the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to
protect the traditional role of cities in the regulatory process (submitted by City Attorney Lysia H.
Bowling)
10. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
PD 13-01: West Company/Granger Macdonald
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: an unaddressed 9.8 acre property out of approximately 75 acres
currently described as Section 3, Arden Acres, which is located adjacent to and directly west of the
intersection of Northwest Drive and Green Hill Road. The property specifically occupies a proposed
Second Replat of Arden Acres, Section Three, Block 3, Tract 3 in western San Angelo, changing the
zoning classification from a combination of Single-Family Residential (RS-1) and General Commercial
(CH) to Planned Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING
A PENALTY
City Council Agenda Page 2 of 5 March 19, 2013
3. 11. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
Z 13-02: Debbie Clark
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: 2008 Beacon Street, located on the northeast corner of the
intersection of Beacon Street and Montague Avenue. This property specifically occupies the Avondale
Addition, Block 10, Lots 15-20, in central San Angelo, changing the zoning classification from a
Single-Family Residential (RS-1) to a Two-Family Residential (RS-2) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
12. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
Z 13-03: Tom Green County
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: 318 North Bell Street, located on the northeast corner of the
intersection of North Bell Street and Spaulding Street. This property specifically occupies the Bell
Addition, Block 9, 2.35 acres in the southwest corner of Block 9, in north central San Angelo,
changing the zoning classification from Single-Family Residential (RS-1) to Neighborhood
Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
13. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
Z 13-04: Abel Fernandez
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: 1006 East 14th Street, located approximately 170 feet from the
northeast intersection at East 14th Street and Wade Street. This property specifically occupies the Exall
Addition, Block 9, Lot 8 Exc. West 88.7’, in north central San Angelo, changing the zoning
classification from a Single-Family Residential (RS-1) to a Neighborhood Commercial (CN) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
14. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
Z 13-06: City of San Angelo Development Corporation
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
City Council Agenda Page 3 of 5 March 19, 2013
4. FOLLOWING PROPERTY, TO WIT: 1020, 1030, & 1040 Gateway Drive, located east of the
intersection of Gateway Drive and FM 380; more specially occupying the Gateway Addition, Section 1,
Block 3, Lots 1 and 2 and Tract A, in Section 1 being a 20.059 acres, in northeast San Angelo,
changing the zoning classification from Light Manufacturing (ML) to Heavy Manufacturing (MH)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
15. Second Hearing and consideration of adopting an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo (submitted Interim Director of
Development Services AJ Fawver)
Z 13-07: City of San Angelo Planning
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: An unaddressed tract of land located at the southwest end of
Twin Mountain Drive. This property specifically occupies approximately 24 acres of the G. Maurer
Survey 0182, Abstract 1649, west of Sections One-A and One-B of The Homestead, in southwest San
Angelo, changing the zoning classification from a Planned Development (PD) to a Single Family
Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
16. Second Hearing and consideration of adopting an Ordinance amending established boundaries of
Single Member District 1 (submitted by City Clerk Alicia Ramirez)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS
AMENDING THE ESTABLISHED BOUNDARIES OF SINGLE MEMBER DISTRICT NUMBER 1
FOR THE PURPOSE OF INCORPORATING NEWLY ANNEXED AREAS INTO SAID
DISTRICT, PROVIDING FOR PRECLEARANCE AND ALL OTHER NECESSARY ACTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE
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, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A.
Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings
be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies
with whom the City of San Angelo is conducting economic development negotiations and which the City of
San Angelo seeks to have, locate, stay or expand in San Angelo
G. PUBLIC HEARING AND COMMENT
17. Update on the design and construction activities for the Hickory Aquifer Water Supply Project
(Presentation by Interim Water Utilities Director Ricky Dickson and Hutch Musallam with Carollo
Engineers)
18. First public hearing and consideration of introducing an Ordinance amending the 2012-2013 Budget
for new projects, incomplete projects, capital projects and grants
AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, FOR
NEW PROJECTS, INCOMPLETE PROJECTS, AND GRANTS
(Presentation by Budget Analyst Steve Mahaffey)
City Council Agenda Page 4 of 5 March 19, 2013
5. 19. Public hearing and consideration of adopting a Resolution authorizing the adoption of the 2013-2018
Capital Improvement Plan for the City of San Angelo
(Presentation by Budget Analyst Laura Brooks)
20. Discussion of prohibiting commercial vehicles from using certain streets and parking in certain areas
within the San Angelo city limits and any action in connection thereto
(Presentation by City Engineer Clinton Bailey)
21. Consideration of granting a request for temporary placement of a mobile home, not to exceed one year,
during construction of a permanent home on the same 3 acre site. 1105 West 48th Street, located
approximately 320 feet east of the intersection of Lake Drive and West 48 Street; more specifically
occupying the Chandler Subdivision, Section 1, Block 1, Lot 2, in northwest San Angelo
(Presentation by Interim Director of Development Services AJ Fawver)
22. First Public Hearing and consideration of introducing an Ordinance amending the allocation method of
Hotel Occupancy Tax and related matters
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO,
TEXAS, CHAPTER 5 “BUSINESS AND COMMERCE”, ARTICLE 5.800 “HOTEL OCCUPANCY
TAX”, SECTION 5.805 “PURPOSE AND DISTRIBUTION OF TAX”, BY REPEALING SAID
SECTION IN ITS ENTIRETY AND ADOPTING A NEW SECTION 5.805 ENTITLED, “USE OF
REVENUE”, TO REMOVE THE MANDATED ALLOCATION OF REVENUE FOR USES ON A
FIXED PERCENTAGE BASIS AND TO PROVIDE FOR ALLOCATION OF REVENUE FOR USES
PERMITTED BY LAW AS CITY COUNCIL MAY DETERMINE WILL PROVIDE THE BEST
VALUE IN APPLICATION OF HOTEL OCCUPANCY TAX REVENUE TO THE CITIZENS OF
SAN ANGELO BY RESOLUTION FROM TIME TO TIME
(Presentation by Assistant City Manager/Chief Financial Officer Michael Dane)
23. Discussion and update on the housing data obtained by Hotel/Community Housing Committee
Members
(Requested by Councilmember Hirschfeld and presentation by City Manager Daniel Valenzuela)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
24. Consideration of and possible action on matters discussed in Executive/Closed Session, if needed
25. Consideration of approving a Board nomination by Council and designated Councilmember:
a. Planning Commission: Valerie Priess (Mayor) to an unexpired term January 2014
26. Consideration of nominating City Council Members to serve as representatives on the Concho Valley
Council of Government General Assembly
27. Announcements and consideration of Future Agenda Items
28. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Tuesday, March 12, 2013, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 5 of 5 March 19, 2013
6. City of San Angelo
Memo
Date: February 20, 2013
To: Mayor and Council Members
From: Ron Lewis, Construction and Facilities Maintenance
Subject: Agenda Item for March 19, 2013 Council Meeting
Contact: Ron Lewis, 481.2773
Caption: Consent
Adoption of a resolution awarding a contract for Pest Control Services between the
City of San Angelo and Bug Express, and authorizing the Mayor and/or City Manager
to execute said contract.
The City of San Angelo posted RFB:CFM-01-13 on the COSA website and
advertised twice in the San Angelo Standard Times Newspaper, and directly
Summary: notified 13 vendors for Pest Control Services. Ten vendors were located in San
Angelo. The bids were opened on February 1, 2013. Four vendors responded.
Bug Express provided the best value for the City of San Angelo. The initial term
of the contract is for three (3) years with two (2) options to extend for a period of
one (1) year each.
History: Construction and Facilities Maintenance and the Purchasing Department
prepared RFB: CFM-01-13 for Pest Control Services. Several calls where made
to current users of Bug Express. All had good reports to their service and one
mentioned they were on a first name basis with their service person. They work
well with scheduling and coordinating when having to gain access to large
numbers of housing unit.
Financial Impact: Total impact is $9,790.00 per year budgeted throughout several City
department accounts. Departments paying annually will receive a 5%
discount.
Related Vision Item Financial Vision: Review contracted services on annual basis to ensure highest
and best use of public funds.
(if applicable):
Other Information/ Staff recommends approval of the contract with Bug Express for Pest Control
Recommendation: Services.
Attachments: Resolution, Contract, RFB:CFM-01-13 Bid Tab
Presentation: NA
Publication: NA
Reviewed by Rick Weise, Assistant City Manager
Director:
Approved by Legal:
Adopted: 5/30/03
Revised: 6/21/10
7. CITY OF SAN ANGELO
BID TAB
CFM-01-13 PEST CONTROL SERVICE
February 1, 2013 / 2:00pm
Better Choice Bug Express Jim's Pest Control Thrash Pest Control
Bid Per Bid Per Bid Per Bid Per
Facilities Frequency Frequency Per year Frequency Per year Frequency Per year Frequency Per year
1 City Hall Monthly $ 50.00 $ 600.00 $ 21.00 $ 252.00 $ 350.00 $ 4,200.00 $ 50.00 $ 600.00
2 Community Development Building Monthly $ 30.00 $ 360.00 $ 21.00 $ 252.00 $ 150.00 $ 1,800.00 $ 50.00 $ 600.00
3 Water Billing & Collection Monthly $ 30.00 $ 360.00 $ 17.00 $ 204.00 $ 125.00 $ 1,500.00 $ 50.00 $ 600.00
4 Santa Fe Crossing Monthly $ 30.00 $ 360.00 $ 17.00 $ 204.00 $ 225.00 $ 2,700.00 $ 50.00 $ 600.00
5 Station 618 Monthly $ 30.00 $ 360.00 $ 20.00 $ 240.00 $ 155.00 $ 1,860.00 $ 50.00 $ 600.00
6 Carl Ray Center Monthly $ 15.00 $ 180.00 $ 20.00 $ 240.00 $ 102.50 $ 1,230.00 $ 50.00 $ 600.00
7 Southside Recreation Monthly $ 15.00 $ 180.00 $ 20.00 $ 240.00 $ 175.00 $ 2,100.00 $ 50.00 $ 600.00
8 Municipal Pool Monthly $ 15.00 $ 180.00 $ 20.00 $ 240.00 $ 102.50 $ 1,230.00 $ 50.00 $ 600.00
9 Nature Center Monthly $ 15.00 $ 180.00 $ 20.00 $ 240.00 $ 102.50 $ 1,230.00 $ 50.00 $ 600.00
10 Municipal Court Monthly $ 20.00 $ 240.00 $ 20.00 $ 240.00 $ 95.00 $ 1,140.00 $ 50.00 $ 600.00
11 Wastewater Treatment Plant Quarterly $ 50.00 $ 200.00 $ 55.00 $ 220.00 $ 225.00 $ 900.00 $ 200.00 $ 800.00
12 Police Dept Monthly $ 30.00 $ 360.00 $ 30.00 $ 360.00 $ 300.00 $ 3,600.00 $ 50.00 $ 600.00
13 Training Facility Monthly $ 20.00 $ 240.00 $ 45.00 $ 540.00 $ 125.00 $ 1,500.00 $ 50.00 $ 600.00
14 Building / 505 S. Chadbourne Monthly $ 15.00 $ 180.00 $ 15.00 $ 180.00 $ 125.00 $ 1,500.00 $ 50.00 $ 600.00
15 Gun Range Quarterly $ 30.00 $ 120.00 $ 50.00 $ 200.00 $ 200.00 $ 800.00 $ 150.00 $ 600.00
16 McNease Convention Center Monthly $ 30.00 $ 360.00 $ 30.00 $ 360.00 $ 350.00 $ 4,200.00 $ 50.00 $ 600.00
17 City Auditorium Monthly $ 30.00 $ 360.00 $ 20.00 $ 240.00 $ 150.00 $ 1,800.00 $ 100.00 $ 1,200.00
18 Coliseum Monthly $ 35.00 $ 420.00 $ 40.00 $ 480.00 $ 375.00 $ 4,500.00 $ 200.00 $ 2,400.00
Every 3 weeks
(17 billing
19 Animal Shelter periods) $ 35.00 $ 595.00 $ 25.00 $ 425.00 $ 155.00 $ 2,635.00 $ 100.00 $ 1,700.00
Spring &
summer every
Mo./Fall-Winter
every Other Mo
20 Public Safety Communications (9 mos) $ 30.00 $ 270.00 $ 35.00 $ 315.00 $ 92.50 $ 832.50 $ 50.00 $ 450.00
21 Central Fire Dept Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
22 Training Center Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
23 Station #2 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
24 Station #3 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
25 Station #4 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
26 Station #5 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
27 Station #6 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
28 Station #7 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
29 Station #8 Every Other Mo. $ 25.00 $ 150.00 $ 25.00 $ 150.00 $ 125.00 $ 750.00 $ 50.00 $ 300.00
30 Water Distribution And Collection Monthly $ 30.00 $ 360.00 $ 22.00 $ 264.00 $ 152.50 $ 1,830.00 $ 50.00 $ 600.00
31 Cemetery Office Quarterly $ 20.00 $ 80.00 $ 35.00 $ 140.00 $ 62.50 $ 250.00 $ 50.00 $ 200.00
32 Parks Dept. Quarterly $ 20.00 $ 80.00 $ 35.00 $ 140.00 $ 125.00 $ 500.00 $ 100.00 $ 400.00
33 Santa Fe Train Museum Quarterly $ 20.00 $ 80.00 $ 30.00 $ 120.00 $ 125.00 $ 500.00 $ 50.00 $ 200.00
34 Emergency Operations Center Monthly $ 20.00 $ 240.00 $ 17.00 $ 204.00 $ 125.00 $ 1,500.00 $ 50.00 $ 600.00
35 Ralph Chase State Services Center Monthly $ 25.00 $ 300.00 $ 25.00 $ 300.00 $ 300.00 $ 3,600.00 $ 50.00 $ 600.00
36 Texas Workforce Solutions Monthly $ 25.00 $ 300.00 $ 25.00 $ 300.00 $ 225.00 $ 2,700.00 $ 50.00 $ 600.00
37 Employee Health Clinic Monthly
C:Usersbryan.kendrickDesktop03-19-1302 PUR CFM-01-13Bid $ 20.00 $ 240.00 $ 22.00 $ 264.00 $ 92.50 $ 1,110.00 $ 50.00 $ 600.00
8. CITY OF SAN ANGELO
BID TAB
CFM-01-13 PEST CONTROL SERVICE
February 1, 2013 / 2:00pm
Better Choice Bug Express Jim's Pest Control Thrash Pest Control
38 Airport Terminal Monthly $ 20.00 $ 240.00 $ 18.00 $ 216.00 $ 155.00 $ 1,860.00 $ 50.00 $ 600.00
Semi-Monthly
39 Control Tower (24 per year) $ 20.00 $ 480.00 $ 15.00 $ 360.00 $ 205.00 $ 4,920.00 $ 50.00 $ 1,200.00
Semi-Monthly
40 Flight Services Station (24 per year) $ 20.00 $ 480.00 $ 15.00 $ 360.00 $ 305.00 $ 7,320.00 $ 50.00 $ 1,200.00
41 Water Quality Lab Quarterly $20.00 $ 80.00 $25.00 $ 100.00 $102.50 $ 410.00 $50.00 $ 200.00
GRAND TOTAL $ 1,040.00 $ 10,415.00 $ 1,050.00 $ 9,790.00 $ 6,780.00 $ 74,507.50 $ 2,600.00 $ 25,250.00
Current number of certified pest control technicians: 2 10 2 5
none we have
Annual in already placed
Annual pay advance - 5% discounts in the 20% discount
List any discounts available (annual pay, etc.): 10% off discount bid for annual pay
Vendor Agrees to allow Piggy-Back Procurements Yes Yes Yes Yes
Will you accept Credit Card Payments? Yes Yes n No
If you accept Credit Card Payments, will you offer a discount? No No n/a n/a
If so, how much and what are the terms? N/a n.a n/a n/a
Invitation to Bids Mailed To:
A&A Pest San Angelo, TX Hi-Tech Pest Defense San Angelo, TX
A Ban Exterminators San Angelo, TX Orkin Pest Control Abilene, TX
B Better Choice Pest Control Tom Bean, TX Terminix International San Angelo, TX
Affordable Pest Control San Angelo, TX Pioneer Termite & Pest Control San Angelo, TX
Bug Experts Pest Control San Angelo, TX Rex Pest Control San Angelo, TX
Bug Express San Angelo, TX Rhino Pest Control Mertzon, TX
Farmers Daughter Landscape San Angelo, TX
C:Usersbryan.kendrickDesktop03-19-1302 PUR CFM-01-13Bid
9. City of San Angelo
Memo
Date: March 8, 2013
To: Mayor and Councilmembers
From: Will Wilde, Water Utilities Director
Subject: Consent Item for March 19, 2013 Council Meeting
Contact: Ricky Dickson, Interim Water Utilities Director, 657-4209
Caption: Consideration of approving a residential lease renewal with David and Kerry Persely,
at Lot 104, Group Shady Point, 6678 Knickerbocker Road; and authorizing the Water Utilities Director
to execute the same.
Summary: The leaseholder’s current lease expires in 2043 and they would like to execute a new 40 year lease for
financing purposes.
History: Lease fees are current and there are no issues with the lease on this tract.
Financial Impact: Current lease fees: 2013-2016 $450.00
2017-2043 Market Value
New lease fees: 2013-2016 $540.00
2017-2053 Market Value
Related Vision Item (if applicable): None.
Other Information/Recommendation: It is recommended that the lease renewal be approved
and the Water Utilities Director be authorized to execute the lease. Staff recommends approval.
Attachments: Lease Renewal Agreement (Persely)
Presentation: None.
Publication: None.
Reviewed by Service Area Director: Ricky Dickson, Interim Water Utilities Director
March 8, 2013
10. LAKE NASWORTHY RESIDENTIAL LOT LEASE
This lease is made and entered into by and between the CITY OF SAN ANGELO, a
Texas municipal corporation, ("Lessor"), whose address is 72 W. College Avenue, San Angelo,
Tom Green County, Texas 76903, and David and wife, Kerry Persely, whose address is 6678
Knickerbocker Road, San Angelo, Texas 76904 ("Lessee").
I. DEMISE OF LEASED PREMISES
1.1 In consideration of the mutual covenants, conditions and agreements set forth in this
lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from
Lessor, the following described real property (hereinafter called "leased premises") situated in
San Angelo, Tom Green County, Texas:
Lot 104, Group Shady Point, Lake Nasworthy Addition, according
to the map or plat of said Lake Nasworthy Campsites in the
custody of the Water Utilities Department of the City of San
Angelo (also commonly known as 6678 Knickerbocker Road).
II. TERM, FEES AND RENT
FIXED COMMENCEMENT AND TERMINATION DATE
2.1 This lease is granted for a period of forty (40) years having an effective date beginning
March 1, 2013 and ending April 30, 2053, in consideration of the initial payment of $150.00,
which payment includes the granting fee, receipt of which payment is hereby acknowledged, and
the further consideration of Lessee's payment of future annual rent in accordance with
subsequent paragraphs hereof and Lessee's compliance with the stipulations and conditions
hereinafter set forth.
TIME AND MANNER OF PAYMENT
2.2 Lessee shall pay annual rent to Lessor at the San Angelo Water Utilities Department, 72
W. College Avenue, San Angelo, Texas, 76903, or at such other place as Lessor may from time
to time designate by written notice to Lessee. Such rent shall be paid annually on or before July 1
during the term of this lease in accordance with the following schedule:
Dates Annual Rent
For the Years 2013 Through 2016 $540.00
For the Years 2017 Through 2052 * Market Value
1
11. * Annual rent shall be the appraised market value of the leased premises multiplied by a factor of
0.08. Such appraised market value shall be determined and adjusted in accordance with
applicable City ordinances in effect at the time of execution of this lease.
DELINQUENT PAYMENTS
2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after
the date that the rent is due in accordance with established ordinances, provided however, that
this provision for late charges or interest shall not be construed as a waiver of the right of Lessor
to terminate this lease at its option as authorized herein.
HOLD OVER
2.4 Any holding over by Lessee of the herein leased premises after the expiration of this
lease shall operate and be construed only as a tenancy from month to month, terminable at the
will of Lessor.
III. DEBTS RELATED TO LEASED PREMISES
UTILITIES
3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such
charges may be deemed a default at the option of Lessor.
TAXES
3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general
and special assessments, and other charges of every description which during the term of this
lease may be levied on or assessed against the leased premises and all interest therein and all
improvements and other property thereon, whether belonging to Lessor or Leaser to which either
of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the
public officer charged with the collection thereof not less than fifteen (15) days before the same
shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such
taxes, charges and assessments. Failure to pay such taxes and special assessments as provided
herein may be deemed a default at the option of Lessor.
WATER, SEWAGE, PAVING IMPROVEMENTS
3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of
the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines
as established by and in accordance with city policies then in existence.
3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet
of the leased premises, Lessee will tie on to such service at its own expense at the price
established for that specific Lake Nasworthy area.
2
12. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee
shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.
IV. RULES AND REGULATIONS
4.1 The rules and regulations provided in those certain ordinances of the City Council of the
City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake
Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore
or hereafter are expressly incorporated herein by reference as terms and conditions of this lease.
This lease is expressly made subject to any ordinances adopted in the future by the Council for
the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety,
sanitation, and ecological requirements. This lease will be managed by the Water Utilities
Department of the City of San Angelo subject to the approval of the Council.
V. USE OF LEASED PREMISES
CONSTRUCTION BY LESSEE
5.1 The premises shall be used only for a single family residence and lawful uses incidental
thereto, and in this connection the following shall be applicable:
a. No structure shall be constructed in excess of two stories in height.
b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot
elevation line.
c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on
the leased premises, and no garage or other accessory building shall be used as a
residence.
d. All structures shall have a foundation that complies with Lessor's building code.
e. No outside toilets shall be constructed or maintained on leased premises, and all
plumbing shall be connected with a sanitary sewer or with a septic tank which complies
in all respects to all state, county and city sanitation regulations and requirements. No
septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2
foot elevation line nor nearer than five (5) feet to any property line. All wastewater
facilities shall conform to all of the City's wastewater ordinances, where applicable. No
sewer or drain shall empty into the lake or be constructed so as to flow or wash into the
lake. No concrete storm drains may be constructed without the prior approval of the
Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or
Council, as applicable.
f. No structure shall be constructed closer than five (5) feet to any property line.
3
13. g. No trees may be removed from the leased premises without the prior written consent of
the Water Utilities Director.
h. No improvements or construction work of any kind, including but not limited to,
houses, boathouses, piers, pump houses, water wells, storage buildings, fences,
excavations, fills, and other types of structures or improvements, shall be built or
performed on leased premises without prior approval of the Water Utilities Department,
Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.
i. Lessee agrees to comply with all provisions of the Official Code of the City of San
Angelo ("Code"), as such now exists or may hereafter be amended including, but not
limited to, those provisions regarding building permits and permit fees; inspections and
fees therefore; building, plumbing, electrical, and fire standards or requirements; and the
regulation of septic tanks.
j. After any permit is granted, Lessee expressly agrees that all improvements or
construction work shall be built or performed in strict compliance with the terms of the
permit and approval granted, that construction shall commence within six (6) months
following the date of the permit, and that all construction shall be completed within one
(1) year of the date of the permit.
k. Lessee may request from the Council a variance or deviation from any term or
condition contained herein.
l. The Council, prior to granting any extension of an existing lease or a new lease
covering the leased premises shall have the right to review the leased premises and
improvements thereon and submit in writing to the Lessee the requirements, if any, which
shall attach to and become a part of this lease, necessary for compliance with the
above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply
with said requirements may be deemd a default at the option of Lessor.
RESERVATIONS AND EASEMENTS
5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and
deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way
easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole
transmission lines on said premises, or any part thereof, and in such event this lease shall be
subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral
leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents
or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of
laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other
throughways.
VI. ENCUMBRANCE OF LEASEHOLD ESTATE
ENCUMBERING LEASEHOLD INTEREST ONLY
4
14. 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request
Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate,
personal property or improvements made by Lessee which may be removed from the realty
without injury to the realty; provided however, that no mortgagee nor anyone who claims by,
through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust,
acquire any greater or more extended rights than Lessee has under this lease but such mortgage
or deed of trust shall be in every respect subject, subservient and subordinate to all of the
conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee
under any such deed of trust or mortgage shall have the right to assume this lease and perform its
terms and conditions to protect itself.
NOTICES TO LENDER
6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust
has been given and executed by Lessee and furnish Lessor with the address to which it desires
copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated
agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or
serves on Lessee under the terms of this lease after receipt of such a notice from the lender or
mortgagee.
VII. CONDITION OF PREMISES
NO WARRANTY
7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE
CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON,
INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.
AVAILABILITY AND USE OF LAKE WATER
7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level
of water in Lake Nasworthy.
Lessee can use water from the lake, river, and/or wells on the premises for domestic
purposes and water of existing trees and shrubs; but no water will be removed from the premises.
Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative
manner, and any abusive use of water shall be grounds for denying the use of water to the
Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw
water usage, as the case may be.
VIII. REPAIRS AND MAINTENANCE
LESSEE'S DUTY TO REPAIR AND MAINTAIN
5
15. 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected
or placed on the leased premises in good and tenantable condition, to maintain its appearance,
and to landscape and keep said premises cleared of all objectionable matter, things, and
vegetation. Leased premises shall not be used for the outside storage of usable materials for
unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a
manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor
shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the
cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual
rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30)
days from the date on which the work was completed, and continuing until such cost is paid in
full.
DAMAGE OR DESTRUCTION
8.2 The parties hereto acknowledge that the leased premises are within an area subject to
overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any
of its agents or employees shall be liable to Lessee for any damages caused in any manner,
negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks
which serve as its sources of supply or diversion channels, nor by reason of any work deemed
necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or
diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or
any agent thereof) deems it necessary to enter on the leased premises for any of the above
purposes, its judgment shall be conclusive.
IX. SUSPENSION OF PRIVILEGES
HEALTH MATTERS
9.1 It is expressly understood and agreed that Lessor may at any time, without notice to
Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length
of time as in its sole judgment is necessary for the purpose of suppressing or arresting an
epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension
of privileges is necessary to protect the health of the water consumers of San Angelo, Texas. In
the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked,
Lessor shall pay Lessee an amount equal to the market value of any structures or improvements
hereto made or erected on leased premises in compliance with the terms of this lease.
PUBLIC PURPOSES
9.2 If Lessor shall deem that leased premises are required for any public purpose or that
condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety
(90) days written notice of such termination to Lessee and any mortgagee who has notified the
Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to
promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the
expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay
6
16. Lessee an amount equal to the market value of any structures or improvements hereto made or
erected on leased premises in compliance with the terms of this lease.
X. RELEASE
10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all
claims for damages of any kind by reason of the condition of the premises hereby leased, or any
improvements thereon or any damages incurred in the enjoyment or exercise of the privileges
granted hereunder, or for damage to its person or property caused by the opening of the gates at
Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high
water, or any fluctuating water levels which may arise in the use and operation of Lake
Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and
Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any
other purpose.
XI. INDEMNIFICATION
11.1 LESSEE FURTHER AGREES FOR LESSEE AND LESSEE’SSUCCESORS IN
INTEREST TO INDEMNIFY AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND
EMPLOYEES, FREE AND HARMLESS FROM ANY CLAIMS FOR DAMAGES OR
INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY, OR ANY LIABILITY
INCURRED AS A RESULT OF THE EXERCISE OF THE PRIVILEGES CONFERRED BY
THIS LEASE, AND AGREES TO REIMBURSE LESSOR FOR ANY EXPENSES
INCURRED IN THE DEFENSE OF ANY SUCH CLAIM, INCLUDING REASONABLE
ATTORNEY'S FEES AND COURT COSTS ACTUALLY INCURRED. NOTHING HEREIN
SHALL REQUIRE THE INDEMNIFYING PARTY TO INDEMNIFY, DEFEND OR
HOLDHARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY’S
OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNIFICATION
SHALL SURVIVE THE TERM OF THIS LEASE AS LONG AS ANY LIABILITY COULD
BE ASSERTED.
XII. TRANSFER, ASSIGNMENT, AND SUBLETTING
12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the
prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee
may not sublet the leased premises, in whole or in part, without the prior written consent of the
Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly
executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the
original shall be recorded in the office of the County Clerk of Tom Green County, Texas. It is
agreed, however, that each such transfer, assignment or sublease shall bind the transferee,
assignee or sublessee to the obligations of Lessee to Lessor as set forth in this lease and shall not
release Lessee from Lessee's obligations under the lease.
XIII. DEFAULT AND REMEDIES
DEFAULT
7
17. 13.1 (a) Any breach of this lease by Lessee, other than the non-payment of rent, may result in
irreparable damage to Lessor for which Lessor will not have an adequate remedy at law. If
Lessee should default with respect to any of its obligations hereunder except with respect to the
non-payment of rent, and should fail within 60 days after written notice of such default from the
Lessor to cure such default, then Lessee agrees that that Lessor shall be entitled to immediately
seek relief by action or proceeding at law for damages, for specific performance and injunction,
without any requirement to post a bond or other security.
(b) In addition to, and independent of, the provisions of subsection (a), above, should
Lessee violate any provision of this Lease, other than the non-payment of rent, and fail or refuse
to cure such violation within 60 days after written notice of such default from Lessor, then
Lessor or Lessor’s agents may enter the premises as reasonably necessary to perform the work
required as determined by Lessor to cure the default and the costs thereof shall be deemed to be
additional rent, immediately due and payable upon written notice to Lessee of the sum of
expenses, costs, and fees so incurred by Lessor, including an assessment for the cost related to
Lessor’s employee time in curing the default, if any. LESSEE HEREBY WAIVES ANY
CLAIM FOR TRESSPASS OR DAMAGES RELATING TO LESSOR OR LESSOR’S
AGENTS OR EMPLOYEES ENTRY ONTO THE LEASEHOLD PREMISES PURSUANT TO
THE PROVSIONS OF THIS LEASE.
(c) A breach of this lease by Lessee for non-payment of rent shall result in termination of
this lease should Lessee within 60 days after written notice of default setting forth the amount
past due fail to cure such default by making payment of the full amount due Lessor.
POSSESSION
13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the
Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take
forceful possession of said premises and eject all parties therefrom without being guilty of
trespass; and all damages occasioned thereby are hereby waived.
REMOVAL OF IMPROVEMENTS
13.3 All buildings and other improvements placed on the property by Lessee (except trees,
shrubs, flowers and plants) which may be removed without injury to the realty shall remain the
property of Lessee. It is understood and agreed, however, that buildings and improvements shall
be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any
amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor
shall have the right to sell such buildings and improvements and apply the proceeds to the
amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs
incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on
the premises after the expiration of ninety (90) days following the termination of this lease,
however terminated, shall be deemed abandoned by Lessee and shall become the property of
Lessor.
8
18. OTHER REMEDIES
13.4 (a) Any termination of this lease shall not relieve Lessee from the payment of any sum or
sums that are due and payable to Lessor under the lease, or any claim for damages then or
previously accruing against Lessee under this lease, and any such termination shall not prevent
Lessor from enforcing the payment of any such sum or sums or claim for damages by any
remedy provided for by law, or from recovering damages from Lessee for any default under the
lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and
held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have
the right to pursue any one or all of such remedies or any other remedy or relief which may be
provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of
the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of
any succeeding or preceding breach of the same or any other covenant, condition, or restriction
contained in this lease.
(b) The remedies provided herein shall not be exclusive of other remedies. A failure by
the Lessor to take action on any past violation shall not constitute a waiver of the Lessor’s right
to take action on any subsequent violation.
XIV. MISCELLANEOUS
RELATIONSHIP OF LESSOR AND LESSEE
14.1 The relationship between Lessor and Lessee at all times shall remain solely that of
landlord and tenant and shall not be deemed a partnership or joint venture.
PARTIES BOUND
14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease
and their respective heirs, executors, administrators, legal representatives, successors and
assigns.
HEADINGS
14.3 The paragraph headings contained herein are for convenience and reference and are not
intended to define, extend or limit the scope of any provisions of this lease.
SUPERSEDES PRIOR AGREEMENTS
14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.
ENTIRE AGREEMENT/AMENDMENTS
14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound
by any agreement, condition or stipulation, understanding or representation made by any of
9
19. Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such
is in writing and signed by both parties.
VIOLATIONS OF LEASE
14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT
THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT,
SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE.
FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE
CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.
TEXAS LAW TO APPLY
14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of
this lease. This lease has been executed in Texas, and all obligations hereunder are performable
in Tom Green County, Texas.
INVALID OR ILLEGAL PROVISIONS
14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such
holding shall not affect the validity of any remaining provision of this lease or any provision’s
application to other persons not similarly situated or to other circumstances.
REIMBURSEMENT OF LESSOR’S EXPENSES
14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to,
attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease,
which include, but are not limited to, collection of rental fees and collection of utility payments,
taxes and other legitimate assessments.
NOTICES
14.9 All notices concerning this lease shall be in writing and delivered to the parties at the
addresses below:
LESSEE: David and Kerry Persely
6678 Knickerbocker Road
San Angelo, Texas 76904
LESSOR: City of San Angelo
Attn: Water Utilities Director
72 W. College Avenue
San Angelo, Texas 76903
[SIGNATURE PAGE TO FOLLOW]
10
20. EXECUTED in duplicate originals on the _____day of _____________________, 2013
by:
LESSEE
David Persely
Kerry Persely
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________,
2013 by David and Kerry Persely.
Notary Public, State of Texas
CITY OF SAN ANGELO, LESSOR
BY:
RICKY DICKSON
Water Utilities Department
STATE OF TEXAS §
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on the _____day of ________________,
2012, by Ricky Dickson, Interim Director of Water Utilities of the City of San Angelo, a Texas
home rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
11
21. City of San Angelo
Memo
Date: March 4, 2013
To: Mayor and Councilmembers
From: Cindy M. Preas, Real Estate Administrator (657-4407)
Subject: Agenda Item for March 19, 2013 Council Meeting
Contact: Diana Farris, Property Specialist (657-4407)
Caption: Consent Item
Consideration of adopting a Resolution of the City of San Angelo authorizing the
mayor to execute a tax-resale (quitclaim) deed conveying all right, title and interest
of the City of San Angelo, and all other taxing units interested in the tax
foreclosure judgment:
1944 & 1948 Magnolia Street, (Gonzalez), Lots 1 & 2, Block 2, Avondale, $1,000, Suit
No.B99-0081-T
207 E Avenue L, (Perez), E 50’ x 238’ of a 1 acre Tract, Fisher Miller, $750, Suit
No.TAX89-0388B
725 Hughes Street, (Salinas), Lot 9, Block 2, Culwell, $950, Suit No. B-03-0087-T
816 Volney, (Salinas) Portion of Lots 6-8, Block 28, Miles, 1,500, Suit No. B-05-0192-T
111 E 13th Street, (Salinas), Lot 7, Block 57, Miles, ($1,200) Suit No. B-97-0170-T
th
329 13 Street, (Salinas), Lot 2, Block 2, Pecan Place, $750, Suit No.TAX90-0083B
1916 Shelton, (Sanchez), S ½ of Lot 12, Block 3, Home Acres, $2,500, Suit No.B-00-
0043-T
Summary: The subject properties were auctioned at Sheriff’s Sale. No offers were received
causing subject properties to be stuck-off to the City, as Trustee for itself and the
other taxing entities.
History: The attached Property Analysis reflects amounts of delinquent taxes, accrued
penalties, interest, attorney fees and costs for delinquent years of, together with
additional penalties and interest at the rates prescribed by Chapter 33, Texas
Property Tax Code.
Financial Impact: Upon approval: (1) The City will retain a $500 Administration fee; (2) The balance
will be distributed according to the judgment on the Sheriff’s Return; and (3)
Property will be reinstated back onto tax roll.
Related Vision Item Financial Vision – Examine liquidation of unused or underperforming city-owned
properties
(if applicable):
Neighborhood Vision – Attract reinvestment
Other Information/ Staff recommends approval.
Recommendation:
Attachments: Property Analysis, Resolution, Tax-Resale Deed and Property Location Map
Adopted: 5/30/03
Revised: 6/21/10
22. Presentation: N/A
Publication: N/A
Reviewed by Lysia H. Bowling, City Attorney
Director:
Approved by Legal:
23. 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 delinquent tax foreclosure decrees of the 119th and 340th
Judicial Districts, Tom Green County, Texas; and
WHEREAS, offers have been made for the purchase of said properties pursuant to Section
34.05, Texas Tax Code Ann.(Vernon, 1982); and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN ANGELO that its Mayor, Alvin New, is hereby authorized to execute a Tax-Resale
(quitclaim) Deed conveying the following described real properties to the following as specified
below, all of the right, title, and interest of the City of San Angelo, and all other taxing units
interested in the tax foreclosure judgment, located in San Angelo, Tom Green County, Texas:
Conveying to:
CARLOS GONZALEZ, a single person; ($1,000):
Lots 1 & 2, Block 2, Avondale Addition, City of San Angelo, Tom Green County, Texas,
according to the map or plat thereof, recorded in Volume 1, Page 86, Plat Records of
Tom Green County, Texas.
Account #02-12400-0002-001-00
#02-12400-0002-002-00
GILBERT PEREZ, JR., a single person; ($750):
The East 50’ x 238’ of a 1.00 acre Tract described in Volume 39, Page 621, Deed
Records, said East 50’ being described in Volume 361, Page 196, Deed of Tom Green
County, Texas.
Account #38-00205-0013-000-00
RICHARD SALINAS, a married person as his sole and separate property; ($1,200):
Lot 9, Block 2, Culwell Addition, City of San Angelo, Tom Green County, Texas, as
described in deed recorded in Volume 648, Page 622, Deed Records of Tom Green
County, Texas.
Account #07-19800-0002-008-00
RICHARD SALINAS, a married person as his sole and separate property; ($1,200):
Lot 7, Block 57, Miles Addition to the City of San Angelo, Tom Green County, Texas, as
described in Volume 85, Page 576, Deed Records, Tom Green County, Texas.
Account #19-34200-0057-007-00
24. RICHARD SALINAS, a married person as his sole and separate property; ($1,500):
A portion of Lots 6, 7 and 8, Block 28, Miles Addition, an addition to the City of San
Angelo, Tom Green County, Texas, as described in deed dated March 20, 1974 from
Donald Nelson Holley, et ux. To George Jones, Sr., et ux., in Volume 611, Page 583,
Deed Records of Tom Green County, Texas.
Account #18-34200-0028-009-00
RICHARD SALINAS, a married person as his sole and separate property; ($750):
Lot 2, Block 2, Pecan Place, being more particularly described in Volume 251, Page 235,
Deed Records of Tom Green, Texas.
Account #21-38600-0002-002-00
MARIA ROSA SANCHEZ, a single person, and LILLIANA SANCHEZ, a single person;
($2,500):
The South one-half of Lot 12, Block 3, Home Acres Addition, City of San Angelo, Tom Green
County, Texas, as described in Volume 288, Page 55, Deed Records of Tom Green County,
Texas.
Account #15-28100-0003-029-00
APPROVED AND ADOPTED ON THE DAY OF , 2013.
THE CITY OF SAN ANGELO
_______________________________
Alvin New, Mayor
Attest:
______________________________
Alicia Ramirez, City Clerk
Approved As to Content: Approved As to Form:
______________________________ ______________________________
Cindy M. Preas, Real Estate Administrator Lysia H. Bowling, City Attorney
25.
26. PROPERTY ANALYSIS
For Tax Resale Property
Legal Description: Lots 1 & 2, Block 2, Avondale Addition, City of San Angelo, Tom Green County,
Texas, according to the map or plat thereof, recorded in Volume 1, Page 86, Plat
Records of Tom Green County, Texas.
Improved/Unimproved Unimproved
Tax Suit Number: B99-0081-T
Location: 1944 & 1948 Magnolia Street
Parcel Size/Dimensions: 50' x 130'
City of San Angelo vs. J.F. Kite, Addie Kite, Mrs. N.E. Hicks Account #1391
Tax ID Number: #02-12400-0002-001-00 #02-12400-0002-002-00
Tax Warrant Date: October 26, 1999
Date of Sheriff's Sale: December 7, 1999
Sheriff's Deed Recorded: January 6, 2000
Years Held in Trust 13 YRS
Adjudge Value: $ 1,800.00 Purchased under Urban Redevelopment No
Amount of Offer: $ 1,000.00
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee $ 1,820.00 100.00% $ 500.00 $ 500.00
District Clerk $ - 0.00% $ -
Sheriff's Fee $ - 0.00% $ -
Attorney Fee $ - 0.00% $ -
Municipal Liens $ - $0.00 0.00% $0.00 $0.00
Taxes $ - $0.00 0.00% $0.00 $0.00
Total $2,320.00 $ - $500.00 100.00% $ 500.00 $1,000.00
Actual Total Amt Due $2,320.00
Amount Remaining $ 500.00
All costs according to the Tax Warrant have been perviously paid. Offer will satisfy a portion of the Maintenance costs.
27. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or
strike any or all of the following information from this instrument before it is filed for record in
the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District
72 West College Avenue
San Angelo, Tom Green County, Texas 76903
Grantee: CARLOS GONZALEZ, a single person
725 Amberton Parkway
San Angelo, Tom Green County, Texas 76901
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
Lots 1 & 2, Block 2, Avondale Addition, City of San Angelo, Tom Green County, Texas,
according to the map or plat thereof, recorded in Volume 1, Page 86, Plat Records of Tom
Green County, Texas.
Account #02-12400-0002-001-00
#02-12400-0002-002-00
Tax Warrant: Tax Warrant for the foreclosure of a tax lien against the Property entered on October 26, 1999
in Suit No. B-99-0081-T by the 340th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the
terms of the Tax Warrant — by Sheriff’s Deed dated January 5, 2000, and recorded in
Volume 751, Page 622, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the
City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither
Grantor, nor any other taxing unit interested in the Tax Warrant, nor any other person or entity claiming under
them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-
Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by
common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically
excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,
including, without limitation, any right of redemption remaining in the former owner of the Property; the terms
of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
28. which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of
the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all
future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
The City of San Angelo, a Texas home-rule
municipal corporation, for itself and as Trustee for
any taxing authorities named in the Judgment
ATTEST: By: ____________________________
Alvin New, Mayor and
duly-authorized agent
Alicia Ramirez, City Clerk
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2013, by Alvin New,
Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on
behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the
above instrument.
__________________________________
Notary Public, State of Texas
After Recording, Return To:
29. E 50' x 238' of a 1 acre tract, Fisher & Miller
Addition
207 E Avenue L 50' x 238'
Copyright 2011 Esri. All rights reserved. Tue Dec 20 2011 04:46:45 PM.
30.
31. PROPERTY ANALYSIS
For Tax Resale Property
Legal Description: The East 50’ x 238’ of a 1.00 acre Tract out of Fisher & Miller, described in Volume
39, Page 621, Deed Records, said East 50’ being described in Volume 361, Page
196, Deed of Tom Green County, Texas.
Improved/Unimproved Unimproved
Tax Suit Number: TAX89-0388b
Location: 207 E Avenue L
Parcel Size/Dimensions: 50' x 238'
City of San Angelo vs. Balente Martinez a/k/a Valente Martinez Account #1448
Tax ID Number: #38-00205-0013-000-00
Judgment Date: October 14, 1992
Date of Sheriff's Sale: August 1, 1995
Sheriff's Deed Recorded: October 25, 1995
Years Held in Trust 18 YRS
Adjudge Value: $ 4,375.00 Purchased under Urban Redevelopment No
Amount of Offer: $ 750.00
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee 0.00% $ -
District Clerk $ 131.00 21.84% $ 54.59 $ 54.59
Sheriff's Fee $ 156.93 26.16% $ 65.40 $ 65.40
Attorney Fee $ 311.98 52.00% $ 130.01 $ 130.01
Municipal Liens $ - $0.00 0.00% $0.00 $0.00
Taxes $ - $3,775.09 0.00% $0.00 $0.00
Total $500.00 $3,775.09 $500.00 100.00% $ 250.00 $750.00
Actual Total Amt Due $4,275.09 $ 599.91
Amount Remaining $ 250.00
Offer will satisfy all costs according to the Judgment.
32. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or
strike any or all of the following information from this instrument before it is filed for record in
the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District
72 West College Avenue
San Angelo, Tom Green County, Texas 76903
Grantee: GILBERT PEREZ, JR, a single person
712 Era Street
San Angelo, Tom Green County, Texas 76905
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
The East 50’ x 238’ of a 1.00 acre Tract described in Volume 39, Page 621, Deed Records,
said East 50’ being described in Volume 361, Page 196, Deed of Tom Green County, Texas.
Account #38-00205-0013-000-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on October 14, 1992 in
Suit No. TAX89-0388-B by the 119th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the
terms of the Judgment — by Sheriff’s Deed dated September 20, 1995, and recorded in
Volume 502, Page 55, Official Public Records of Real Property, Tom Green County, Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the
City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither
Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under
them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-
Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by
common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically
excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,
including, without limitation, any right of redemption remaining in the former owner of the Property; the terms
of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
33. not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of
the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all
future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
The City of San Angelo, a Texas home-rule
municipal corporation, for itself and as Trustee for
any taxing authorities named in the Judgment
ATTEST: By: ____________________________
Alvin New, Mayor and
duly-authorized agent
Alicia Ramirez, City Clerk
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2013, by Alvin New,
Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on
behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the
above instrument.
__________________________________
Notary Public, State of Texas
After Recording, Return To:
35. PROPERTY ANALYSIS
For Tax Resale Property
Legal Description: Lot 9, Block 2, Culwell Addition, City of San Angelo, Tom Green County, Texas, as
described in deed recorded in Volume 648, Page 622, Deed Records of Tom Green
County, Texas.
Improved/Unimproved Unimproved
Tax Suit Number: B-03-0087-T
Location: 725 Hughes Street
Parcel Size/Dimensions: 52' x 86'
City of San Angelo vs. John D. Northcutt Account #6883
Tax ID Number: #07-19800-0002-008-00
Judgment Date: January 18, 2005
Date of Sheriff's Sale: April 4, 2006
Sheriff's Deed Recorded: April 11, 2006
Years Held in Trust 7 YRS
Adjudge Value: $ 2,100.00 Purchased under Urban Redevelopment No
Amount of Offer: $ 1,200.00
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee $ 980.00 0.00% $ -
District Clerk $236.00 $236.00 0.00% $236.00
Sheriff's Fee $100.00 $100.00 0.00% $100.00
Attorney Fee $332.00 $332.00 0.00% $332.00
Municipal Liens $0.00 0.00% $0.00 $0.00
Taxes $1,778.00 100.00% $32.00 $32.00
Total $2,148.00 $ 1,778.00 $1,168.00 100.00% $ 32.00 $1,200.00
Actual Total Amt Due $3,926.00
Amount Remaining $ 32.00
Offer will satisfy all court costs and a small portion of the Taxes.
36. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or
strike any or all of the following information from this instrument before it is filed for record in
the public records: your social security number or your driver’s license number.
Tax-Resale Deed
(Property Sold for Less than Adjudged Value)
Date: __________________________
Grantor: The City of San Angelo, a Texas home-rule municipal corporation, for itself and as Trustee
for itself, Tom Green County, and San Angelo Independent School District
72 West College Avenue
San Angelo, Tom Green County, Texas 76903
Grantee: RICHARD SALINAS, a married person as his sole and separate property
2107 Greenwood
San Angelo, Tom Green County, Texas 76901
Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration
Property (including any improvements):
Lot 9, Block 2, Culwell Addition, City of San Angelo, Tom Green County, Texas, as
described in deed recorded in Volume 648, Page 622, Deed Records of Tom Green
County, Texas.
Account #07-19800-0002-008-00
Judgment: Judgment for the foreclosure of a tax lien against the Property entered on January 18, 2005 in
Suit No. B-03-0087-T by the 119th District Court of Tom Green County, Texas.
Sheriff’s Deed: Grantor acquired full legal title to the Property — both for its own benefit and as Trustee for
all other taxing authorities entitled to receive proceeds from the sale of the Property under the
terms of the Judgment — by Sheriff’s Deed dated April 11, 2006, and recorded in
Instrument Number 609008, Official Public Records of Real Property, Tom Green County,
Texas.
For the Consideration, Grantor — acting by and through its Mayor, who has been duly authorized to
execute this instrument on Grantor’s behalf by resolution and order of Grantor’s City Council recorded in the
City Council’s official minutes — hereby quitclaims to Grantee all of Grantor's right, title, and interest in and
to the Property, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Neither
Grantor, nor any other taxing unit interested in the Judgment, nor any other person or entity claiming under
them, will have, claim, or demand any right or title to the Property or any part of it. Grantor gives this Tax-
Resale Deed without any express or implied warranty whatsoever; and all warranties that might arise by
common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby specifically
excluded.
Grantee's rights under this deed are subject to the provisions of Chapter 34 of the Texas Tax Code,
including, without limitation, any right of redemption remaining in the former owner of the Property; the terms
of any recorded restrictive covenants running with the land that were recorded before January 1 of the year in
37. which the tax lien on the property arose; any recorded lien that arose under such restrictive covenants that was
not extinguished in the judgment foreclosing the tax lien; and each valid easement of record as of the date of
the sale that was recorded before January 1 of the year the tax lien arose.
Grantor is selling the Property to Grantee for an amount that is less than the lesser of (1) the market
value specified in the Judgment, or (2) the total amount of the Judgment.
Grantee assumes full payment of any ad valorem taxes for the Property for the current year and all
future years.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
The City of San Angelo, a Texas home-rule
municipal corporation, for itself and as Trustee for
any taxing authorities named in the Judgment
ATTEST: By: ____________________________
Alvin New, Mayor and
duly-authorized agent
Alicia Ramirez, City Clerk
STATE OF TEXAS §
§
COUNTY OF TOM GREEN §
This instrument was acknowledged before me on _____________________, 2013, by Alvin New,
Mayor and duly-authorized agent of the City of San Angelo, a Texas home-rule municipal corporation, on
behalf of such corporation and as Trustee for any taxing authorities named in the Judgment identified in the
above instrument.
__________________________________
Notary Public, State of Texas
After Recording, Return To:
39. PROPERTY ANALYSIS
For Tax Resale Property
Legal Description: A portion of Lots 6, 7 and 8, Block 28, Miles Addition, an addition to the City of San
Angelo, Tom Green County, Texas, as described in deed dated March 20, 1974 from
Donald Nelson Holley, et ux. to George Jones, Sr., et ux., in Volume 611, Page 583,
Deed Records of Tom Green County, Texas.
Improved/Unimproved Unimproved
Tax Suit Number: B-05-0192-T
Location: 816 Volney Street
Parcel Size/Dimensions: 40' x 120'
City of San Angelo vs. Joseph Jones Acct-Unknown Lula B. Jones Acct #3835 Sylvia A. Jenkins Acct #1365
Tax ID Number: #18-34200-0028-009-00
Judgment Date: August 7, 2009
Date of Sheriff's Sale: November 3, 2009
Sheriff's Deed Recorded: November 23, 2009
Years Held in Trust 4 YRS
Adjudge Value: $ 3,000.00 Purchased under Urban Redevelopment No
Amount of Offer: $ 1,900.00
Amounts Due Priority % of Pro Rata Amounts
Fees Judgment Allocations Remainder Allocations Distributed
Administration Fee $500.00 $500.00 0.00% $500.00
Maintenance Fee $ 560.00 $0.00 100.00% $ 402.00 $ 402.00
District Clerk $ 533.00 $ 533.00 0.00% $533.00
Sheriff's Fee $ 100.00 $ 100.00 0.00% $100.00
Attorney Fee $ 365.00 $ 365.00 0.00% $365.00
Municipal Liens $981.22 0.00% $0.00 $0.00
Taxes $6,101.42 0.00% $0.00 $0.00
Total $1,060.00 $ 8,080.64 $1,498.00 100.00% $ 402.00 $1,900.00
Actual Total Amt Due $9,140.64
Amount Remaining $ 402.00
Offer will satisfy all court cost according to the Judgment.