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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
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
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
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
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
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
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
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
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
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
* 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
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
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
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
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
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
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
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
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
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
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
Presentation:        N/A

Publication:         N/A

Reviewed by          Lysia H. Bowling, City Attorney
Director:

Approved by Legal:
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
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
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.
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
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:
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.
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.
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
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:
725 Hughes Street, Lot 9, Block 2, Culwell Addition       60' x 115'




March 5, 2013                                                                                           1:1,349
                                                                                  0        0.01       0.02        0.04 mi
      Zip Codes
                                                                                  0       0.0175       0.035         0.07 km
      City Address Points                                               Copyright:© 2013 ESRI, NAVTEQ, DeLorme

      Pending City Addresses
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.
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
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:
816 Volney Street, A Portion of Lots 6,7 & 8 , Block 28, Miles Addition 40' x 120'




March 5, 2013                                                                                                                              1:2,699
                                                                                                                     0        0.0225       0.045      0.09 mi
     City Address Points      County Address Points      Parcels                   Abandonments Approved
                                                                                                                     0        0.035        0.07      0.14 km
     Pending City Addresses   Pending County Addresses   Platted Lot Line Labels   Abandonments Denied
                                                                                                           Copyright:© 2013 ESRI, NAVTEQ, DeLorme
     Retired City Addresses   Retired County Addresses   Platted Lot Lines         Abandonments Expired
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.
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March 19, 2013 Agenda Packet

  • 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:
  • 34. 725 Hughes Street, Lot 9, Block 2, Culwell Addition 60' x 115' March 5, 2013 1:1,349 0 0.01 0.02 0.04 mi Zip Codes 0 0.0175 0.035 0.07 km City Address Points Copyright:© 2013 ESRI, NAVTEQ, DeLorme Pending City Addresses
  • 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:
  • 38. 816 Volney Street, A Portion of Lots 6,7 & 8 , Block 28, Miles Addition 40' x 120' March 5, 2013 1:2,699 0 0.0225 0.045 0.09 mi City Address Points County Address Points Parcels Abandonments Approved 0 0.035 0.07 0.14 km Pending City Addresses Pending County Addresses Platted Lot Line Labels Abandonments Denied Copyright:© 2013 ESRI, NAVTEQ, DeLorme Retired City Addresses Retired County Addresses Platted Lot Lines Abandonments Expired
  • 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.