february 7, 2012 agenda packet

City Council Agenda of 5 February 7, 2012

NOTICE OF A PUBLIC MEETING INCLUDING ADDENDUM

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS 9:00 A.M. - Tuesday, February 7, 2012

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 202, 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. Recognition

City of San Angelo Recreation “Chargers” Team, 8 and under, Texas Amateur Athletic Federation (TAAF) State Flag Football 2011Champions” to be accepted by Anthony Chappa, Head Coach, Terrance Dunn, Assistant Coach, and Cody Elliott, Assistant Coach

D. 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 January 17, 2012 City Council Regular meeting minutes

2. Consideration of rejecting formal bid VM-01-12 for a digger derrick

3. Consideration of adopting a Resolution authorizing the Mayor to execute a Tax Deed for the sale of a Tax Lot located at 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey Subdivision, $10,250, Suit No. B-09-0014-T

4. Consideration of approving a residential lease renewal Lot 57, Group Fishermans Road, 2690 Sleepy Hollow Road (Greenshaw), and authorizing the Water Utilities Director to execute the same

5. Consideration of approving Galilee Community Development Corporation request for recertification as a Community Development Housing Organization (CHDO) in accordance to HUD regulations at 24 CFR 92.2


6. Consideration of authorizing the City Manager to execute a Lease Agreement between the City of San Angelo and Shannon Health Systems for the Health Department Nursing Division office space at 2030 Pulliam, Suite 8

7. Consideration of authorizing the City Manager to execute an agreement and related documents between the City of San Angelo and Frontier Associates, LLC, a contractor hired by ATMOS Energy for the execution of a low income weatherization program for San Angelo citizens who are ATMOS customers

8. Consideration of adopting a Resolution authorizing the City Manager or his designee to establish the fair market value of 8,938 square feet of excess right-of-way adjacent to Beaty Road and Lot 14E, Block 1, Group 1, Section 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in southwest San Angelo, for purposes of realigning a portion of Beaty Road and the authority to execute all documents necessary to convey the remaining excess right-of-way to the adjacent lot owner, reserving unto the City of San Angelo blanket drainage and utility easements; and authorizing the City Manger or his designee to file an amended plat to formalize the realignment of a segment of Beaty Road and the adjoining property line for said Lot 14E

9. Consideration of adopting a Resolution authorizing a request to release of a 20 foot by 1484 foot a utility easement located within the bounds of lots 16 thru 21 and lots 23 thru 36 in Lake Nasworthy Addition, group Red Bluff, Section 2 of the Lake Nasworthy Addition, Lots 16 thru 21 and 23 thru 36, along the north half of Red Bluff Circle, in southwest San Angelo and providing for the Mayor to execute and deliver a legal instrument formally releasing and discharging such easement

10. Second Hearing and consideration of adoption of an Ordinance amending the 2011-2012 Budget for new projects

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS

11. Second hearing and consideration of adoption of an Ordinance amending Appendix A, Article 8.000, Section 8.200 Monthly Water Rates

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

12. Second Hearing and consideration of adoption of an Ordinance ordering the General Election for May 12, 2012 (Primera Audiencia Pública y consideración de la introducción de una ordenanza que pide la Elección General para el 12 de mayo de 2012):

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THE PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE MAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA DE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA)

Addendum

Addendum


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 551.074 to discuss the appointment, employment, reassignment, and duties of the interim City Manager

G. PUBLIC HEARING AND COMMENT

13. Presentation of the 4th Quarter 2011 Report from the Chamber of Commerce Economic Development Council and the Convention & Visitors Bureau (CVB)

(Presentation by CVB Vice President Pamela Miller and Vice President for Economic Development John Dugan)

14. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 12-01: Paul Jost

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: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) and Office Warehouse (OW) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY

(Presentation by Planning Manager AJ Fawver)

15. Second hearing and consideration of adoption of an Ordinance amending Chapter 11, Article 11.200 Water Conservation and Drought Contingency Plan of the Code of Ordinances, City of San Angelo

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A NEW ARTICLE 11.200, PROVIDING FOR A DROUGHT CONTINGENCY PLAN, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Water Utilities Director Will Wilde)

16. First Public Hearing and consideration of introduction of an Ordinance amending Chapter 11 regarding drip irrigation of the Code of Ordinances, City of San Angelo

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202 (11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE



17. Discussion of speed limit on Foster Road from Loop 306 Frontage Road South through Butler Farms Subdivision and any action in connection thereto

(Presentation by City Engineer Clinton Bailey)

18. Consideration and possible action of the possible formation of a temporary committee to study and recommend improvements to the pedestrian and vehicular right of ways on and around Gun Club Hill, including Gun Club Road and Hillside Drive

(Presentation by City Engineer Clinton Bailey)

19. Consideration of dredging the Ivie Intake Pump Station Channel and any action in connection thereto


20. Consideration of approving a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board for approval of the following for pedestrian improvements along Chadbourne Street from the intersection with Concho Avenue north to the proposed Multimodal Transportation Facility at the intersection of North Chadbourne and 5th Street, any related budget amendments and any action in connection thereto

a. Consideration of approving the Preliminary Downtown Pedestrian Improvement Plan concept (New Freedom Grant/TIRZ-funded); and

b. Consideration of approving a bidding concept in which the project will ultimately be advertised with a base bid and up to six bid alternates

(Presentation by Community and Economic Development Director Shawn Lewis)

21. Consideration of matters related to the Tax Increment Reinvestment Zone (TIRZ) Board:

a. Consideration and possible action of a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board approving a Project Plan and Reinvestment Zone Financing Plan

b. First Public Hearing and consideration of introduction of an Ordinance approving the TIRZ Project Plan and Reinvestment Zone Financing Plan

AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Community and Economic Development Director Shawn Lewis)

H. FOLLOW UP AND ADMINISTRATIVE ISSUES

22. Consideration of matters discussed in Executive/Session, if needed

23. Consideration of various at-large nominations by Council:

a. Construction Board b. Downtown Development Commission c. Tax Increment Reinvestment Zone

24. Consideration of various Board nominations by Council and designated Councilmembers:

a. Animal Shelter Advisory Committee: Mary White, DVM, (SMD5) to a 1st full term January 2014 b. Ft. Concho Museum Board: Greg Stephens (Mayor) to a 2nd full term January 2015 and Robert

Rainey (SMD1) to a 1st full term January 2015 c. Planning Commission: Sebastian Guerrero (Mayor) to a 1st full term January 2015 d. Water Advisory Board: Joe Spano (SMD6) to fill an unexpired term September 2012


25. Consideration of Future Agenda Items

26. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Thursday, February 2, 2012, at 5:30 P.M.

/s/________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 227 Tuesday, January 17, 2011 Vol. 103

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, January 17, 2011, in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly authorized members of the Council, to-wit:

Mayor, Alvin New Councilmember Paul Alexander Councilmember Dwain Morrison Councilmember Johnny Silvas Councilmember Fredd B. Adams, II Councilmember Kendall Hirschfeld Councilmember Charlotte Farmer

were present and acting, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Rev. Gail Davis of Emmanuel Episcopal and pledge was led by Drew Morrison, 3rd grader at Wall Elementary and grandson of Councilmember Morrison.

PROCLAMATIONS AND RECOGNITIONS

“School Board Recognition Month, January 2012”, was accepted by Lanny Layman, San Angelo Independent School Board President.

“2011 Central High School District Champions”, was accepted by Brent Davis, Head Coach, Kevin Crane, Offensive Coordinator, Kodi Crane, Defensive Coordinator and the Central Bobcat Varsity Football Team members.

“Wall Seahawks Flag Football District Champions”, was accepted by Will Wiggins, Coach, and Team members.

PUBLIC COMMENT

No one came forward to comment publicly.

CONSENT AGENDA

APPROVAL OF THE JANUARY 3, 2012 CITY COUNCIL REGULAR MEETING MINUTES

AWARD OF BIDS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY NECESSARY RELATED DOCUMENTS:

WU-16-11: Caustic Soda, K. A. Steel Chemicals (Houston, TX), $158,000.00 WU-18-11: Ferric Chloride, Kemira (Harlingen, TX), $245,000.00 WU-19-11: Polymer, Chameleon Industries (Mesquite, TX), $102,000.00

AUTHORIZATION FOR THE SALE OF THE FOLLOWING PROPERTIES FOR THE APPRAISED VALUE AND AUTHORIZATION FOR THE MAYOR, CITY MANAGER, OR WATER UTILITIES DIRECTOR TO EXECUTE ALL NECESSARY LEGAL DOCUMENTS PERTAINING TO THE SALE OF SUBJECT PROPERTIES, SUBJECT TO COMPLETION OF ALL CURATIVE REQUIREMENTS:

2626 Sleepy Hollow Road (Otho), Lot 11, Fishermans Road, $92,734.00 2041 American Legion (Ellis), Lot 22, Group 2, $93,655

Minutes Vol. 103 January 17, 2011

ANNUAL REPORT OF RECORDS MANAGEMENT PROGRAM AND ADOPTION OF A RESOLUTION AUTHORIZING THE RECORDS MANAGEMENT OFFICER TO CONTINUE IMPLEMENTATION OF THE ROUTINE OPERATIONAL AND PROCEDURAL AMENDMENTS TO THE RECORDS MANAGEMENT PROGRAM (ANNEX A, PAGE 235, RESOLUTION #2012-01-008)

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR TWIN BUTTES RESERVOIR WITH THE BUREAU OF RECLAMATION (ANNEX B, PAGE 237, RESOLUTION #2012-01-009)

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX C, PAGE 239, ORDINANCE #2012-01-010)

Z 11-23: First Financial Bank

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: The Homestead, Sections One-A and One-B, Block 1, Lots 3 thru 10, 12 thru 20, 22, 25, 26, 29 and 30, and Block 2, Lots 19 and 20, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX D, PAGE 241, ORDINANCE #2012-01-011)

Z 11-24: City of San Angelo

AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE FOLLOWING PROPERTY, TO WIT: The Homestead, Sections One-A and One-B, Block 1, Lots 1, 2, 11, 21, 23, 24, 27, 28, and 31 thru 34, and Block 2, Lot 21, south of Twin Mountain Drive at Massenburg Drive, in south western San Angelo, changing the zoning classification from Planned Development (PD) to Single-Family Residential (RS-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO (ANNEX E, PAGE 245, ORDINANCE #2012-01-012)

SU 11-04: William Sartain

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: 20 N. Bell Street at the southeast corner of the intersection of N. Bell Street and Preusser Street, specifically occupying Eckert’s Addition, Block 1, Lot 1 in eastern San Angelo. Amending the current Special Use 06-02 on the site that currently allows sales of automobiles and light trucks, to add an allowance for trailer sales, excluding Semi-trailers and sea containers, on property in a Neighborhood Commercial (CN) district; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Motion, to approve the Consent Agenda, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

Minutes Page 229 January 17, 2011 Vol. 103

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

APPROVAL OF AN ORAL RESOLUTION CONCURRING WITH A PROTEST BY POLICE CHIEF TIM VASQUEZ TO AN APPLICATION SUBMITTED TO THE TEXAS ALCOHOL BEVERAGE COMMISSION BY THE THROTTLE DOWN SALOON

Councilmember Adams requested the item be discussed in Regular Session. Police Chief Vasquez informed the applicant did have the opportunity to file an appeal; however, the process required a hearing before Tom Green County Judge Mike Brown. City Manager Harold Dominguez stated upon approval of the oral resolution, Council gives staff authority to act on behalf of the Council regarding the protest.

Motion, to approve, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. Motion carried unanimously.

DENIAL OF A SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO

Z 11-19: Maranatha Church

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES 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: 80 East 18th Street, on the northwest corner of East 18th Street and Henderson Street, specifically the Lasker Addition, Block 29, Lot 9, in north central San Angelo, changing the zoning classification from Two-Family Residential (RS-2) District to Low Rise Multifamily Residential (RM-1) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Planning Manager AJ Fawver presented background information.

Councilmember Morrison expressed his concern of the potential use for the group home. Proponent David DeLoney stated the use will be a boarding house catering to individuals released from drug rehabilitation or prison in order to adjust in a home setting. He noted this will not be a half-way house.

Motion, to deny, as presented, was made by Councilmember Morrison and seconded by Councilmember Farmer.

Proponent Reverend Hickman explained initially the idea was for a transitional home setting; however, since and due to zoning restrictions, housing will not be focused on those individuals recently released from prison.

General discussion was held on the facility and type of housing for the targeted individuals, similar facilities available and located within the city as registered alternative housing, whether there are sufficient numbers of such type of housing, the proximity to the school, supervision of the facility, the filtering of the resident applicants, pre-existing issues prior to the proponents ownership, existing drug activity within the neighborhood, and the type of support proponents receive from drug abuse facility programs.

Public comments were made by Citizen Jim Turner.

A vote was taken on the motion on the floor. AYE: Morrison, Silvas, Hirschfeld, and Farmer. NAY: New, Alexander, and Adams. Motion carried 4-3.

RECESS

At 9:54 A.M., Mayor New called a recess.

RECONVENE

At 10:04 A.M., Council reconvened, and the following business was transacted:


APPROVAL OF A LICENSE AGREEMENT WITH THE SAN ANGELO HEALTH FOUNDATION FOR THE CONSTRUCTION OF A TRAIL ALONG THE SOUTH BANK OF THE NORTH CONCHO RIVER BETWEEN IRVING STREET AND CITY-OWNED PROPERTY EAST OF KOENIGHEIM STREET (U.S. HWY 87, NORTH) AS PART OF THE RIVER IMPROVEMENT PROJECT AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE SAID AGREEMENT

Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the location of the trail, time frame of the contract, funding sources allocated for the project, future development, suggested revising the notice for termination from 90 to 180 days, the removal of the trail at the city’s expense, and questioned the length of the 20 year of the contract.

Public comments were made by Foundation Executive Director Tom Early.

Motion, to table the item, was made by Councilmember Adams and seconded by Councilmember Alexander. Motion carried unanimously.

DISCUSSION AND POSSIBLE ACTION ON THE CONSTRUCTION OF A PEDESTRIAN PATHWAY AROUND GUN CLUB HILL OFF OF HILLSIDE DRIVE NEAR LAKE NASWORTHY

Requested by Councilmember Alexander and City Engineer Clinton Bailey presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Public comments were made by resident Tadd Logan and KOA Camp Ground owner Marshall Gray.

General discussion was held on the trail amenities, potential buyers for the property, spending Lake Nasworthy dedicated monies on the road versus the trail, number of citizens utilizing the trail, directing citizens to utilize the new trail versus existing roadway, opening gate for pedestrian access

Future item: parking along hillside

Motion, to deny the construction, as presented, was made by Councilmember Adams and seconded by Councilmember Morrison.

Public comment was made by Citizen Jim Turner.

AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer. NAY: Alexander. Motion carried 6-1.

APPROVAL OF CONSTRUCTION OF A NEW BOAT RAMP AT LAKE NASWORTHY TO ASSIST WITH THE SAN ANGELO BOAT RACES, AND TO PROVIDE BETTER LAKE ACCESS FOR RECREATIONAL USERS, AND AUTHORIZATION TO EXPEND UP TO $35,000.00 FROM THE LAKE NASWORTHY TRUST FUND TO ASSIST WITH CONSTRUCTION OF THE NEW RAMP AND ASSOCIATED INFRASTRUCTURE

Assistant City Manager Rick Weise presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to approve, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams.

General discussion was held on the available parking once the ramp was installed and additional ramp accessibility.

A vote was taken on the motion on the floor. Motion carried unanimously.

APPROVAL OF AN ORAL RESOLUTION DIRECTING SIEMENS INDUSTRY, INC. TO PROCEED WITH PHASE II SERVICES RELATED TO THE REUSE OF LANDFILL GAS AS OUTLINED IN THE LETTER OF INTENT APPROVED BY CITY COUNCIL IN DECEMBER 2010

Assistant City Manager Elizabeth Grindstaff and Siemens Representative Martha Senf presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.


General discussion was held on the potential methane gas users, installation of the passive remediation system, water quality issues, Texas Commission on Environmental Quality (TCEQ) requirements, installation of an active remediation system, environmental regulations, expansion of landfill well fields and collection system to extract the methane gas, building the pipeline, potential revenue; comparison of use, need, and distance of other qualified bidders; potential risks involved; financing the project; and project development process.

Motion, to authorize Siemens to move forward and proceed with Phase II, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

APPROVAL OF AN ORAL RESOLUTION DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO INITIATE NEGOTIATIONS TO DETERMINE THE FINANCIAL VIABILITY FOR A CONTRACT FOR THE LANDFILL GAS TO ENERGY PROJECT WITH QUALIFIED INDIVIDUALS OR ENTITIES SUBMITTING PROPOSALS IN RESPONSE TO RFP OP-01-11

Assistant City Manager Elizabeth Grindstaff presented background information.

Motion, to authorize City Manager to move forward, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion carried unanimously.

Councilmember Hirschfeld left the meeting at 12:10 P.M.

DISCUSSION OF TRASH COLLECTION AND CODE ENFORCEMENT ISSUES

Requested by Councilmember Farmer, Operations Director Ricky Dickson and Code Compliance Manager James Flores presented background information.

Council directed staff to make a recommendation regarding container size, penalty for failing to control the debris, or other possibilities to remedy the situation, specifically the Southwest area commercial businesses, and to present findings at a future meeting.

RECESS

At 12:20 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:48 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, 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

OPEN SESSION (continued)

At 12:52 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS


RECONVENE

At 1:25 P.M., Council reconvened, and the following business was transacted:

APPROVAL OF MATTERS RELATED TO REQUEST FOR COMPETITIVE SEALED PROPOSAL COSADC-01-11 BUSINESS RESOURCE CENTER RENOVATION:

APPROVAL OF A RECOMMENDATION FROM CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) TO AWARD BID COSADC-01-11 BUSINESS RESOURCE CENTER RENOVATION AND CONSTRUCTION CONTRACT TO STODDARD CONSTRUCTION MANAGEMENT, INC IN AN AMOUNT NOT TO EXCEED $1,334,942.00 FOR CONSTRUCTION RENOVATIONS ON THE FORMER COKE BUILDING AT 69 N. CHADBOURNE, AND


AUTHORIZATION FOR THE CITY MANAGER AND COSADC PRESIDENT TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE RECOMMENDED VENDOR

AUTHORIZATION FOR ADDITIONAL PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED $160,000.00 TO COVER COSTS OF ADDITIONAL WORK INCLUDING A NEW ROOF AND FACADE/GLASS STOREFRONT, INCREASED CONTINGENCY FEES, AND INCREASED ARCHITECTURAL FEES ASSOCIATED WITH THE EXPANDED PROJECT

Community and Economic Development Director Shawn Lewis and Economic Development Coordinator Donna Osborne presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the lapsed insurance coverage, damage, and repair cost due to the recent fire.

Motion, to award the bid and approve the additional work, as presented on both items, was made by Councilmember Adams and seconded by Councilmember Farmer. Motion carried unanimously.

AWARD OF A BID FOR PK-02-11 /RIO VISTA PARK RENOVATION TO STODDARD CONSTRUCTION MANAGEMENT, INC. (BULVERDE, TX) IN THE AMOUNT OF $572,500.00, AND AUTHORIZATION FOR AN ADDITIONAL $27,500.00 FOR ALTERNATE OPTION #5 TO COMPLETED IN-HOUSE BY PARK STAFF, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT AND EXECUTE ANY RELATED DOCUMENTS

Parks and Recreation Director Carl White and Construction Manager David Knapp presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

General discussion was held on the type of Bermuda grass and required amount of water to sustain the grass.

Councilmember Hirschfeld returned to the meeting at 1:43 P.M.

Councilmember Morrison expressed his concern regarding the local bidder’s response to the bid. Purchasing Manager Roger Banks explained the local preference option was not part of the bid process.

Motion, to award and authorize additional funding, as presented, was made by Councilmember Adams and seconded by Councilmember Silvas. AYE: New, Alexander, Silvas, Adams, Hirschfeld, and Farmer. NAY: Morrison. Motion carried 6-1.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2011-2012 BUDGET FOR NEW PROJECTS

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS

Finance Director Michael Dane presented background information.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000, SECTION 8.200 MONTHLY WATER RATES

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING


AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN


Water Utilities Director Will Wilde presented background information. A copy of the presentation is part of the Permanent Supplemental Minute record.

Councilmember Alexander commented on the excessive water usage and the reaction time before a penalty is imposed. He suggested a shorter notification time.

General discussion was held on other notification alternatives, reaction time, staffing issues, excessive use customers, Automated Meter Reading system, and hand or manual watering option.

Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ORDERING THE GENERAL ELECTION FOR MAY 12, 2012 (PRIMERA AUDIENCIA PÚBLICA Y CONSIDERACIÓN DE LA INTRODUCCIÓN DE UNA ORDENANZA QUE PIDE LA ELECCIÓN GENERAL PARA EL 12 DE MAYO DE 2012):

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12TH DAY OF MAY, 2012, FOR THE PURPOSE ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE (UNA ORDENANZA DEL CONSEJO DE LA CIUDAD DE SAN ANGELO, TEXAS, CONVOCADO UNA ELECCIÓN GENERAL PARA LA ELECCIÓN DE OFICIALES MUNICIPALES QUE SE CELEBRARÁ EL 12 DE MAYO DE 2012; ORDENANDO PUBLICACIÓN, HACIENDO PROVISIONES PARA LA CONDUCTA DE DICHAS ELECCIONES Y OTRAS PROVISIONES RELACIONADAS AL MOTIVO DE ESTA ORDENANZA; Y PREVIENDO UNA FECHA DE VIGENCIA)

City Clerk Alicia Ramirez presented background information.

Motion, to introduce adopt the Ordinance Resolution authorize approve accept, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld. Motion carried unanimously.

Public comments were made by Citizen Jim Turner.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

No action was taken on matters discussed in Executive/Closed Session.


APPROVAL OF VARIOUS BOARD NOMINATIONS BY COUNCIL AND DESIGNATED COUNCILMEMBERS:

Animal Shelter Services Advisory Commission: John Russell, DVM, (SMD2) to a 2nd full term 2014 Civic Events Board: Sandy Fields (SMD6) to a 1st full term January 2014 Ft. Concho Museum Board: Robert Aguilar, Jr. (SMD2) to a 1st full term January 2015 and Dana Gray (SMD2) to a 2nd full term 2015

Motion, to approve various board nominations by Council and designated Councilmembers, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed January 17, 2011 Agenda and solicited Council comments and suggestions.

Councilmembers Morrison and Farmer left the meeting at 2:20 P.M. and did not return.

RECESS


EXECUTIVE/CLOSED SESSION

Council did not convene due to the lack of a quorum in Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, 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.

OPEN SESSION (continued)

At 2:34 P.M. City Council reconvened whereupon the following business was transacted:

ADJOURNMENT

Motion, to adjourn, was made by Councilmember Hirschfeld and seconded by Councilmember Adams. Motion carried unanimously.

The meeting adjourned at 2:34 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-E In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording may be distorted due to equipment malfunction or other uncontrollable factors.)

City of San Angelo

Memo

Date: January 24, 2012

To: Councilmembers From: Patrick Frerich, Equipment Maintenance Superintendent - Vehicle Maintenance Subject: Agenda Item for February 7, 2011 Contact: Patrick Frerich, Vehicle Maintenance - 657-4329 x1651 Caption: Consent

Consideration of rejecting formal bid VM-01-12 for a digger derrick and authorizing the City Manager or designee to execute any necessary related documents.

Summary: The Vehicle Maintenance Department requested formal bids for a digger derrick for the use of the City’s Traffic Department. Bids were requested and received from Terex (San Antonio, TX) and Altec Industries (Kaufman, TX). History: Bids were requested for replacing current equipment that are past its useful operational life. Formal bids were requested from vendors listed on the Purchasing Master Data Base and were advertised in local media and the internet. Vendor selection is based on the financial impact of the bid; the completeness of the bid; inclusion and pricing of items and options requested; the competence of the vendor regarding the purchase transaction; and the after-sale benefits including location of warranty shops, parts supply lead-time and availability, etc. Financial Impact: Bids were requested for new units meeting the City’s specifications. Due to a budget that was anticipated to be far below the price of new units, bids were also requested for used or demo equipment that closely meet our specifications. Terex returned a proposal on a new unit only; Altec offered both a new and used unit. Altec’s used equipment proposal met the City’s specifications and budget constraints. Unfortunately, the offered unit has been sold and is no longer available for purchase by the City. Both offers of new units exceeded the budget constraints for this machine and therefore are not a viable option at this time. Due to budget restraints and considering the equipment offered, staff recommends to reject all formal bids. Related Vision Item: NA Other information/Recommendation: Staff recommends rejecting all formal bids relating to VM-01-12.

Bids\Agenda Background\Background Memo VM-01-12 Digger Derrick.doc X:\PF Documents\Bid Documents\2012 Equipment

X:\PF Documents\Bid Documents\2012 Equipment Bids\Agenda Background\Background Memo VM-01-12 Digger Derrick.doc

Attachments: Bid Tabulation VM-01-12 Reviewed by: Ricky Dickson, Operations Director

CITY OF SAN ANGELOBID TABRFB: VM‐01‐12‐Digger Derrick/January 18, 2012

Altec Terex Utilities

Ite

m

Item Description Un

it

Est

Price/Unit Extended Price/Unit ExtendedQTY

1 New Digger Derrick Ea 1 183,742.00$ 183,742.00$ 207,254.0$ 0 207,254.00$

2 Remote Control Ea 1 7,602.00$ 7,602.00$ -$ -$

3 Extended Warranty-Chassis Ea 1 2,614.00$ 2,614.00$ 2,625.0$ 0 2,625.00$

4 Extended Warranty-Cdigger Ea 1 7,903.00$ 7,903.00$ 88,949.0$ 0 8,949.00$

5 Technician Training Ea 1 2,800.00$ 2,800.00$ 2,000.0$ 0 2,000.00$

6 18" Auger Ea 1 1,018.00$ 1,018.00$ 1,068.0$ 0 1,068.00$

7 Annual Safety & Dielectric (7yr) Ea 1 10,120.00$ 10,120.00$ -$ -$

Total $ 215,799.00 221,896.00$

Ite

m

Item Description Un

it

Est

Price/Unit Extended Price/Unit ExtendedQTY

1 Used Digger Derrick Ea 1 99,900.00$ 99,900.00$ No Bid

Delivery Days (Calendar Days) 30 Not Noted

RFB's Sent To:

Terex San Antonio, TX

Altec Kaufman, TX

X:\PF Documents\Bid Documents\2012 Equipment Bids\Bid Tabs 2012\Digger Derrick\Bid Tab ‐ VM‐01‐12 ‐ Digger Derrick

Memo Date: January 3, 2012

To: Mayor and Council Members

From: Roger S. Banks, Purchasing, Division Manager

Subject: Agenda Item for February 7, 2012 Council Meeting

Contact: Diana Farris, Purchasing Specialist, 657-4212

Caption: Consent Item

Consideration of adopting a Resolution authorizing the Mayor to execute a Resolution authorizing sale of Tax Lot(s):

A. 5201 N Chadbourne, (Mida/Pacetti), 1.292 acres o/o Block 8, Julia A. Bailey Subdivision, $10,250, Suit No. B-09-0014-T

Summary: The subject properties were auctioned with no offers received. Subsequently, the properties were struck off to the City as Trustee for itself and the other taxing entities. (See Property Analysis)

History: 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 Subchapter A & C of Chapter 33, Property Tax Code, which accrue on all said taxes from date of judgment until paid. (See Property Analysis)

Financial Impact: Upon approval: (1) The City will retain a $350 Administration Fee, (2) The balance will be distributed according to the judgment on the Sheriff’s Return, and (3) Property(s) will be reinstated back onto tax roll.

Other Information/Recommendation: No outstanding account balances exist for the above Prospective Buyers and it is recommended that the above offer(s) be accepted. Attachments: Property Analysis, Resolution, Tax-Resale Deed, and Property Location Map Presentation: N/A

Reviewed by Service Area Director: Michael Dane, Director of Finance

City of San Angelo

1.292 acres o/o Block 8, Julia A. Bailey

Subdivision5201 N Chadbourne

Copyright 2011 Esri. All rights reserved. Tue Jan 3 2012 01:12:21 PM.

y:\council\electronic agendas\2012\02-07-12\pur tax lot\resolution.doc

RESOLUTION AUTHORIZING SALE OF REAL PROPERTY

(Less than Adjudged Value or Judgment)

WHEREAS, on the day of , 2012, at a regularly scheduled meeting of the City Council of the City of San Angelo, Texas, there was presented to said Council the proposal for the City to sell a parcel of land situated within the city limits of the City of San Angelo, said parcel being described as follows:

1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G. Railway Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929 Official Public Records, Tom Green County, Texas.

WHEREAS, said lot(s) are held by the City of San Angelo, as Trustee by virtue of Sheriff’s Tax Deed, recorded on Instrument Number 705026, of the Official Public Records of Real Property, Tom Green County, Texas; and

WHEREAS, the City Council has determined that it is in the best interest of the City of San Angelo as Trustee to sell said lot(s) for an amount that is less than the lesser of the market value specified in the Judgment of foreclosure or the amount of the judgment(s) against said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO: That the Mayor of the City of San Angelo is hereby authorized in his capacity as representative of the City of San Angelo, as Trustee to execute a Quitclaim Deed to the above described lot(s) to STEVEN ALAN MIDA and VIRGIL PACETTI, both married people, for the consideration of Ten Thousand Two Hundred Fifty and 00/100 Dollars ($10,250.00) and that the sale for said amount is also hereby authorized and approved. APPROVED AND ADOPTED ON THE DAY OF , 2012.

THE CITY OF SAN ANGELO

______________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content:

______________________ ____________________________ Lysia H. Bowling, City Attorney Roger S. Banks, Purchasing Manager

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. P.O. Box 1751 San Angelo, Tom Green County, Texas 76902 Grantee: Steven Alan Mida, a married person and Virgil Pacetti, a married person 6750 FM 2034 Robert Lee, Coke County, Texas 76945 Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration Property (including any improvements):

1.292 Acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision in the S.A. & G. Railway Survey No. 12, San Angelo, Tom Green County, Texas, more particularly described in Instrument No. 637929 Official Public Records, Tom Green County, Texas. Acct. #02-12600-0008-000-60

Judgment: Judgment for the foreclosure of a tax lien against the Property entered on March 2, 2011, in Cause No.

B-09-0014-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 June 30, 2011, and recorded in Instrument Number 705026, 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. Each taxing unit that is entitled to receive proceeds from the sale of the Property has consented to this sale and has authorized this sale by formal resolution. The parties acknowledge that the sale of the Property to Grantee does not constitute a violation of Section 52, Article III, Texas

Constitution.

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 By: ____________________________

ATTEST: 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 _____________________, 2012, 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: Office of the City Attorney City of San Angelo

Legal Description:

Tax Suit Number:

Location:

Parcel Size/Dimensions:

City of San Angelo vs.

Tax ID Number:

Judgment Date:

Date of Sheriff's Sale:

Sheriff's Deed Recorded:

Adjudge Value: 12,900.00$

Amount of Offer: 10,250.00$

Priority % of Pro Rata AmountsFees Judgment Allocations Remainder Allocations Distributed

Administration Fee 350.00$ 350.00$ 0.00% 350.00$

Maintenance Fee -$ 0.00% -$

District Clerk 316.00$ 316.00$ 0.00% 316.00$

Sheriff's Fee 100.00$ 100.00$ 0.00% 100.00$

Attorney Fee 397.00$ 397.00$ 0.00% 397.00$

Municipal Liens 17,527.76$ 64.81% 5,889.31$ 5,889.31$

Taxes 9,516.98$ 35.19% 3,197.69$ 3,197.69$

Total 1,163.00$ 27,044.74$ 1,163.00$ 100.00% 9,087.00$ 10,250.00$

Actual Total Amt Due 28,207.74$

Amount Remaining 9,087.00$

PROPERTY ANALYSISFor Tax Resale Property

August 6, 2011

1.292 acres

Offer will satisfy the court cost and a portion of the taxes and liens.

Amounts Due

March 2, 2011

June 30, 2011

1.292 acres of land, more or less, out of Block 8 of the Julia A. Bailey Subdivision inthe S.A. & G Railway Survey No. 12, San Angelo, Tom Green County, Texas, moreparticularly described in Instrument No. 637929 Official Public Records, Tom GreenCounty, Texas

B-09-0014-T

5201 N Chadbourne

Bob A. Nowlin

02-12600-0008-000-60

City of San Angelo


To: Mayor and Councilmembers

From: Will Wilde, Water Utilities Director

Subject: Consent Item for February 7, 2012 Council Meeting

Contact: Will Wilde, Water Utilities Director, 657-4209

Caption: Consideration of approving a residential lease renewal with Mary Ann Schober Greenhaw et vir, Carl Greenhaw at Lot 57, Group Fishermans Road, 2690 Sleepy Hollow Road, and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2019 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: 2012-2018 $594.00 New lease fees: 2012-2018 $677.00 2019-2051 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. Attachments: Lease Renewal (Greenhaw) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 26, 2012.

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 P.O. Box 1751, San Angelo, Tom Green County, Texas 76902, and Mary Ann Schober Greenhaw et vir, Carl Greenhaw whose address is 2690 Sleepy Hollow Road, San Angelo, Texas 76904.

I. DEMISE OF LEASED PREMISES 1.1 In consideration of the mutual covenants, conditions and agreements set forth in this lease, Lessor hereby demises and leases to Lessee, and Lessee hereby accepts and leases from Lessor, the following described real property (hereinafter called "leased premises") situated in San Angelo, Tom Green County, Texas:

Lot 57, Group Fishermans Road, 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 2690 Sleepy Hollow Road, San Angelo, Texas 76904).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning May 1, 2012 and ending April 30, 2052, 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, P.O. Box 1751, 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 2012 Through 2018 $677 For the Years 2019 Through 2051 Market Value *

* Annual rent shall be the appraised market value of the leased premises multiplied by a factor of 0.08. Such appraised market value shall be determined and adjusted in accordance with applicable City ordinances in effect at the time of execution of this lease.

DELINQUENT PAYMENTS 2.3 Lessee shall pay to Lessor a late charge or interest for any rent received by Lessor after the date that the rent is due in accordance with established ordinances, provided however, that this provision for late charges or interest shall not be construed as a waiver of the right of Lessor to terminate this lease at its option as authorized herein.

HOLD OVER 2.4 Any holding over by Lessee of the herein leased premises after the expiration of this lease shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor.

III. DEBTS RELATED TO LEASED PREMISES

UTILITIES 3.1 Any utility charges shall be paid in full by Lessee when due. Failure to pay such charges shall, at the option of Lessor, result in forfeiture of this lease.

TAXES 3.2 It is further understood and agreed that Lessee shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the leased premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Leaser to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. Failure to pay such taxes and special assessments as provided herein shall, at the option of Lessor, result in forfeiture of this lease.

WATER, SEWAGE, PAVING IMPROVEMENTS 3.3 In the event the Lessor lays sewer and/or water lines on, adjacent to or in the vicinity of the leased premises, Lessee agrees to pay the pro rata front-foot cost of laying said line or lines as established by and in accordance with city policies then in existence.

3.4 Lessee expressly agrees that if city water or sewer lines are ever located within 200 feet of the leased premises, Lessee will tie on to such service at its own expense at the price established for that specific Lake Nasworthy area. 3.5 In the event the Lessor institutes a paving program abutting the leased premises, Lessee shall pay his pro rata share of paving, curb and gutter costs pursuant to prevailing city policies.

IV. RULES AND REGULATIONS 4.1 The rules and regulations provided in those certain ordinances of the City Council of the City of San Angelo, ("Council"), adopted April 2, 1951, and now known as the Lake Nasworthy-Twin Buttes Ordinances and any and all subsequent amendments adopted heretofore or hereafter are expressly incorporated herein by reference as terms and conditions of this lease. This lease is expressly made subject to any ordinances adopted in the future by the Council for the regulation of Lake Nasworthy and surrounding property, including but not limited to, safety, sanitation, and ecological requirements. Any breach of said rules and regulations shall, at the option of the Lessor, result in forfeiture of this lease. This lease will be managed by the Water Utilities Department of the City of San Angelo subject to the approval of the Council.

V. USE OF LEASED PREMISES

CONSTRUCTION BY LESSEE 5.1 The premises shall be used only for a single family residence and lawful uses incidental thereto, and in this connection the following shall be applicable:

a. No structure shall be constructed in excess of two stories in height.

b. No dwelling or residence shall be located nearer than 75 feet to the 1,872.2 foot elevation line.

c. No housetrailer, shack, tent, or temporary residence of any type shall be permitted on the leased premises, and no garage or other accessory building shall be used as a residence.

d. All structures shall have a foundation that complies with Lessor's building code.

e. No outside toilets shall be constructed or maintained on leased premises, and all plumbing shall be connected with a sanitary sewer or with a septic tank which complies in all respects to all state, county and city sanitation regulations and requirements. No septic tank shall be placed, constructed, or maintained nearer than 75 feet to the 1,872.2 foot elevation line nor nearer than five (5) feet to any property line. All wastewater facilities shall conform to all of the City's wastewater

ordinances, where applicable. No sewer or drain shall empty into the lake or be constructed so as to flow or wash into the lake. No concrete storm drains may be constructed without the prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

f. No structure shall be constructed closer than five (5) feet to any property line.

g. No trees may be removed from the leased premises without the prior written consent of the Water Utilities Director.

h. No improvements or construction work of any kind, including but not limited to, houses, boathouses, piers, pumphouses, water wells, storage buildings, fences, excavations, fills, and other types of structures or improvements, shall be built or performed on leased premises without prior approval of the Water Utilities Department, Zoning Board of Adjustment, Planning Commission and/or Council, as applicable.

i. Lessee agrees to comply with all provisions of the Official Code of the City of San Angelo ("Code"), as such now exists or may hereafter be amended including, but not limited to, those provisions regarding building permits and permit fees; inspections and fees therefore; building, plumbing, electrical, and fire standards or requirements; and the regulation of septic tanks.

j. After any permit is granted, Lessee expressly agrees that all improvements or construction work shall be built or performed in strict compliance with the terms of the permit and approval granted, that construction shall commence within six (6) months following the date of the permit, and that all construction shall be completed within one (1) year of the date of the permit.

k. Lessee may request from the Council a variance or deviation from any term or condition contained herein.

l. The Council, prior to granting any extension of an existing lease or a new lease covering the leased premises shall have the right to review the leased premises and improvements thereon and submit in writing to the Lessee the requirements, if any, which shall attach to and become a part of this lease, necessary for compliance with the above-mentioned provisions of the Code. Failure of the Lessee to abide by and comply with said requirements will be grounds to terminate this lease or any extension thereof.

RESERVATIONS AND EASEMENTS

5.2 Lessor, its agents or assigns, reserves the privilege and right at any time to execute and deliver valid oil, gas and other mineral leases upon the leased premises, and valid right-of-way easements for gas, oil, water, or wastewater pipelines, telephone, telegraph or electric pole transmission lines on said premises, or any part thereof, and

in such event this lease shall be subject and subordinate to the rights, terms and privileges of any such oil, gas and other mineral leases or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. An easement across leased premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of-way for roads, alleys or other throughways.

VI. ENCUMBRANCE OF LEASEHOLD ESTATE

ENCUMBERING LEASEHOLD INTEREST ONLY 6.1 Lessee shall not have the right to encumber the fee simple, but Lessee may request Lessor's written consent (pursuant to article XII of this lease) to encumber the leasehold estate, personal property or improvements made by Lessee which may be removed from the realty without injury to the realty; provided however, that no mortgagee nor anyone who claims by, through or under such mortgage or deed of trust shall, by virtue of such mortgage or deed trust, acquire any greater or more extended rights than Lessee has under this lease but such mortgage or deed of trust shall be in every respect subject, subservient and subordinate to all of the conditions, provisions, requirements, covenants and obligations of this lease. The mortgagee under any such deed of trust or mortgage shall have the right to assume this lease and perform its terms and conditions to protect itself.

NOTICES TO LENDER 6.2 Any lender or mortgagee may notify Lessor in writing that a mortgage or deed of trust has been given and executed by Lessee and furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor agrees to mail to lender or mortgagee or its designated agent or representative, at the address given, a copy of any notice which Lessor gives, mails, or serves on Lessee under the terms of this lease after receipt of such a notice from the lender or mortgagee.

VII. CONDITION OF PREMISES

NO WARRANTY

7.1 LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE LEASED PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING WARRANTY OF HABITABILITY OR FITNESS FOR A PARTICULAR USE.

AVAILABILITY AND USE OF LAKE WATER 7.2 Lessor in no way guarantees the accessibility of water to the leased premises nor the level of water in Lake Nasworthy.

Lessee can use water from the lake, river, and/or wells on the premises for domestic purposes and water of existing trees and shrubs; but no water will be removed from the premises. Use of water for irrigation is expressly prohibited. Lessee shall use water in a conservative manner, and any abusive use of water shall be grounds for denying the use of water to the Lessee. Lessee shall pay the applicable water use charge as set by the Lessor, for water or raw water usage, as the case may be.

VIII. REPAIRS AND MAINTENANCE

LESSEE'S DUTY TO REPAIR AND MAINTAIN 8.1 Lessee agrees to keep and maintain any and all structures erected or caused to be erected or placed on the leased premises in good and tenantable condition, to maintain its appearance, and to landscape and keep said premises cleared of all objectionable matter, things, and vegetation. Leased premises shall not be used for the outside storage of usable materials for unreasonable lengths of time. In the event Lessee shall fail to maintain leased premises in a manner acceptable to Lessor, after notice to Lessee as prescribed by city ordinance, the Lessor shall cause leased premises to be cleaned, cleared, and mowed. Lessee expressly authorizes the cost of any such clearing, cleaning, and mowing to be billed to it or added to the next annual rental payment, with interest at the rate of ten percent (10%) per annum beginning thirty (30) days from the date on which the work was completed, and continuing until such cost is paid in full.

DAMAGE OR DESTRUCTION 8.2 The parties hereto acknowledge that the leased premises are within an area subject to overflow and flooding and it is expressly agreed between the parties that neither Lessor nor any of its agents or employees shall be liable to Lessee for any damages caused in any manner, negligent or otherwise, by high water or floods at Lake Nasworthy, nor by the rivers or creeks which serve as its sources of supply or diversion channels, nor by reason of any work deemed necessary in Lessor's sole judgment in the maintenance of said Lake and sources of supply or diversion channels and all damages occasioned thereby are hereby waived, and when Lessor (or any agent thereof) deems it necessary to enter on the leased premises for any of the above purposes, its judgment shall be conclusive.

IX. SUSPENSION OF PRIVILEGES

HEALTH MATTERS 9.1 It is expressly understood and agreed that Lessor may at any time, without notice to Lessee or any mortgagee, suspend or revoke any and all privileges granted herein for such length of time as in its sole judgment is necessary for the purpose of suppressing or arresting an epidemic of any contagious or infectious disease, or when, in its sole judgment, any suspension of privileges is necessary to protect the health of

the water consumers of San Angelo, Texas. In the event privileges are suspended by Lessor, rent shall be prorated; and if the lease is revoked, Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

PUBLIC PURPOSES

9.2 If Lessor shall deem that leased premises are required for any public purpose or that condemnation is necessary, Lessor shall have the right to terminate this lease by giving ninety (90) days written notice of such termination to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes; and Lessee agrees to promptly deliver possession of leased premises to Lessor; and this lease shall terminate upon the expiration of ninety (90)days after the date of such notice; and in such event Lessor shall pay Lessee an amount equal to the market value of any structures or improvements hereto made or erected on leased premises in compliance with the terms of this lease.

X. RELEASE 10.1 Lessee expressly releases Lessor, its officers, agents, and employees from any and all claims for damages of any kind by reason of the condition of the premises hereby leased, or any improvements thereon or any damages incurred in the enjoyment or exercise of the privileges granted hereunder, or for damage to its person or property caused by the opening of the gates at Nasworthy Dam, the lowering of the normal water elevation in the lake, or due to flood or high water, or any fluctuating water levels which may arise in the use and operation of Lake Nasworthy, or in the joint use and operation of Lake Nasworthy, San Angelo Reservoir, and Twin Buttes Reservoir for the purposes of recreation, irrigation, and water supply, or for any other purpose.

XI. INDEMNIFICATION 11.1 Lessee further agrees to indemnify and hold Lessor, its officers, agents, and employees, free and harmless from any claims for damages or injury, including death, to persons or property, or any liability incurred as a result of the exercise of the privileges conferred by this lease, and agrees to reimburse Lessor for any expenses incurred in the defense of any such claim, including reasonable attorney's fees and court costs actually incurred.

XII. TRANSFER, ASSIGNMENT, AND SUBLETTING 12.1 Lessee may not transfer or assign the leased premises, in whole or in part, without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee may not sublet the leased premises, in whole or in part, without the prior written consent of the Lessor. Any such transfer, assignment or sublease shall be evidenced in writing, properly executed and acknowledged by both parties thereto; a copy shall be delivered to Lessor and the original shall be recorded in the office of the

County Clerk of Tom Green County, Texas. It is agreed, however, that each such transfer, assignment or sublease shall be subject to the obligations to Lessor as set forth in this lease and shall not release Lessee or Lessee's obligations under the lease.

XIII. ABANDONMENT, DEFAULT AND REMEDIES

NOTICE OF INTENT TO TERMINATE LEASE 13.1 In the event Lessee shall (1) abandon the premises or (2) default in performance of any of the covenants and conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty (30) days, Lessor shall have the right to terminate this lease. Lessor will give thirty (30) days written notice of its intention to terminate the lease to Lessee and any mortgagee who has notified the Water Utilities Department of its lien and its address for notice purposes, and Lessee and any mortgagee will have such thirty (30) days within which to cure such default and thereby avoid termination. Notice shall be sufficient if delivered to Lessee at the address specified in this lease or at such other address as Lessee may in writing designate to Lessor. Upon Lessor's election to terminate, this lease shall cease.

POSSESSION 13.2 Lessee agrees at the termination of this lease to deliver possession peacefully to the Lessor or its agents or employees; and if it fails to give peaceful possession, Lessor may take forceful possession of said premises and eject all parties therefrom without being guilty of trespass; and all damages occasioned thereby are hereby waived.

REMOVAL OF IMPROVEMENTS 13.3 All buildings and other improvements placed on the property by Lessee (except trees, shrubs, flowers and plants) which may be removed without injury to the realty shall remain the property of Lessee. It is understood and agreed, however, that buildings and improvements shall be held by the Lessor until all rentals due Lessor by Lessee shall have been paid, and should any amount remain unpaid for more than thirty (30) days after termination of this lease, the Lessor shall have the right to sell such buildings and improvements and apply the proceeds to the amount due Lessor, with interest at the annual rate of ten percent (10%), and to any costs incident to the sale, and pay the balance remaining, if any, to Lessee. All property remaining on the premises after the expiration of ninety (90) days following the termination of this lease, however terminated, shall be deemed abandoned by Lessee and shall become the property of Lessor.

OTHER REMEDIES

13.4 Any termination of this lease shall not relieve Lessee from the payment of any sum or sums that are due and payable to Lessor under the lease, or any claim for damages then or previously accruing against Lessee under this lease, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee for any default under the lease. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease.

XIV. MISCELLANEOUS

RELATIONSHIP OF LESSOR AND LESSEE

14.1 The relationship between Lessor and Lessee at all times shall remain solely that of landlord and tenant and shall not be deemed a partnership or joint venture.

PARTIES BOUND

14.2 This agreement shall be binding upon and inure to the benefit of the parties of the lease and their respective heirs, executors, administrators, legal representatives, successors and assigns.

HEADINGS

14.3 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this lease.

SUPERSEDES PRIOR AGREEMENTS 14.4 If this lease replaces another lease, all prior agreements are superseded by this lease.

ENTIRE AGREEMENT/AMENDMENTS

14.5 This lease constitutes the entire agreement between the parties, and Lessor is not bound by any agreement, condition or stipulation, understanding or representation made by any of Lessor’s agents not contained herein. No amendment to this lease shall be effective unless such is in writing and signed by both parties.

VIOLATIONS OF LEASE

14.6 IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES THAT THE VIOLATION OF ANY TERM, STIPULATION, CONDITION, OR COVENANT, SHALL ENTITLE THE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE.

TEXAS LAW TO APPLY 14.7 The parties hereby agree that Texas law will control the interpretation or enforcement of this lease. This lease has been executed in Texas, and all obligations hereunder are performable in Tom Green County, Texas.

INVALID OR ILLEGAL PROVISIONS 14.8 If any provision of this lease is held invalid as to any person or set of circumstances, such holding shall not affect the validity of any remaining provision of this lease or any provision’s application to other persons not similarly situated or to other circumstances.

REIMBURSEMENT OF LESSOR’S EXPENSES

14.9 Lessee shall pay on demand all of Lessor’s expenses including, but not limited to, attorney’s fees and court costs incurred in enforcing any of Lessee’s obligations under this lease, which include, but are not limited to, collection of rental fees and collection of utility payments, taxes and other legitimate assessments.

NOTICES 14.9 All notices concerning this lease shall be in writing and delivered to the parties at the addresses below:

LESSEE: Mary Ann Schober Greenhaw 2690 Sleepy Hollow Road

San Angelo, Texas 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76902

EXECUTED in duplicate originals on the _____day of _____________________,

20___ by: LESSEE

Mary Ann Schober Greenhaw

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 20____ by Mary Ann Schober Greenhaw.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY:

W. H. WILDE, Director Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of

________________, 20____, by W. H. Wilde, Water Utilities Director, of the City of San Angelo, a Texas home rule municipal corporation, on behalf of said corporation.

Notary Public, State of Texas

City of San Angelo

Memo DATE: January 24, 2012 TO: Mayor and Councilmembers FROM: Angelica Pena, CHS Program Coordinator SUBJECT: Agenda Item for February 7 Council Meeting CONTACT: Angelica Pena 655-4818 CAPTION: Consent

Consideration of approval of annual recertification for Galilee Community Development Corporation as a Community Housing Development Organization (CHDO)

----------------------------------------------------------------------------------------------------------------------

SUMMARY: HUD recommends recertification of CHDOs annually. As stated in the HOME regulations (§ 92.300 (a)(1)), a participating jurisdiction is required to reserve not less than 15% of their HOME allocation for investment in housing to be developed, sponsored or owned by CHDOs. HISTORY: Galilee CDC is required to be recertified annually. They meet all HUD CHDO requirements as described below:

· Has a governing board consisting of not less than one-third low-income persons and not more than one-third public officials.

· Has a 503(c)(3) or (c)(4) ruling from the IRS.

· Has demonstrated a capacity for carrying out activities assisted with HOME funds

· Has a history of serving the community in which the HOME assisted housing is to be

located for a minimum of one year

· Has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons, as evidenced in its charter, articles of incorporation, resolutions or by-laws.

FINANCIAL IMPACT: None. Galilee must be recertified as a CHDO in order to expend HOME funds. RELATE GOAL ITEM: None.

OTHER INFORMATION/RECOMMENDATIONS: Staff recommends approval. ATTACHMENTS: None. PRESENTATION: None. PUBLICATION: None. REVIEWED BY SERVICE AREA DIRECTOR: Robert Salas, Neighborhood & Family Services

City of San Angelo



From: Sandra J. Villarreal


Contact: Rick Weise or Sandra Villarreal

Caption: Consent

Consideration of authorization the City Manager to execute a Lease Agreement with Shannon Health Systems for the Health Department Nursing Division office space at 2030 Pulliam, Suite 8

Summary:

Because of the Master Plan and with the City Hall / Health Building Revitalization Project that began in 2010, the Nursing-Health Department was relocated to 2030 Pulliam, Suite 8. Terms of the current contract expire on March 31, 2012. At this time, there is no space available in the renovated portions of City Hall or the Health Building for Nursing and thus require the City’s Nursing Division to continue to rent this space.

History: The Nursing Division has occupied the location for two years, again, the with the terms expiring on March 31, 2012.

Financial Impact: Rental rate proposed by Shannon Health for the 3,222 square foot space is $0.77 per sq. ft., or $2,480.94 per month provided by general fund dollars. This is an increase of $64.44 per month from the current rate. The current rate is $0.75 per sq. ft., or $2,416.50 per month.

Related Vision Item

(if applicable):

Downtown Revitalization

Other Information/ Recommendation:

Staff recommends . . . approval.

Attachments: Lease Agreement and Floor Plan of Lease Space

Presentation: None

Publication: None

Reviewed by Director:

Rick Weise, x-1072

Approved by Legal:

City of San Angelo

Memo DATE: January 3, 2012 TO: Mayor and Council Members FROM: Robert Salas, Director, Neighborhood Services SUBJECT: Agenda Item for February 7, 2012 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Consent

Consideration of approving an agreement between the City of San Angelo and Frontier Associates, LLC, a contractor hired by ATMOS Energy for the execution of a low income weatherization program for San Angelo citizens who are ATMOS customers and authorizing the City Manager to execute related documents

------------------------------------------------------------------------------------------------------------------------------------------------ Summary: Neighborhood & Family Services requests approval of an agreement between the COSA and Frontier Associates, LLC to execute a low income housing weatherization program for citizens in financial distress. The current contract has expired and is in need of renewal. History: Over the past four years, ATMOS has provided up to $50,000.00 annually to the City in order to carry out the housing weatherization program. The program assists citizens in need of financial assistance to weatherize their homes free of charge. Financial Impact: If approved, the City will receive up to $50,000.00 in private funds from ATMOS thru Frontier Associates, LLC to assist San Angelo citizens. There are no direct costs to the City and the city will be allowed 8% administrative fees to cover staff time. Related Vision Item: Neighborhood Revitalization Other Information/Recommendations: Staff requests approval of the agreement and to allow the City Manager to execute the agreement. Attachments: Agreement Presentation: None Publication: None Reviewed by Department Director: N/A

City of San Angelo

Memo Meeting Date: February 7, 2012

To: Mayor and City Council members

From: Will Wilde, Director of Water Utilities AJ Fawver, Planning Manager

Subject: realignment of Beaty Road and transfer of excess right-of-way

Location: area bounded roughly by North U.S. Hwy. 67 on the south, North U.S. Hwy. 277

on the east, Farm-to-Market Hwy. 2105 on the north, and a combination of Schwertner and Pruitt Roads on the west

Contacts: Will Wilde, Director of Water Utilities 657-4209 A J Fawver, Planning Manager 657-4210 Dan Saluri, Assistant City Attorney 657-4407 Bob Schneeman, Development Coordinator 657-4210 Cynthia Preas, Paralegal 657-4407

Caption: Consideration of adopting a Resolution authorizing the City Manager or his designee to establish the fair market value of 8938 square feet of excess right-of-way adjacent to Beaty Road and Lot 14e, Block 1, Group 1, Section 2, Lake Nasworthy Addition, City of San Angelo, Tom Green County, in southwest San Angelo, for purposes of realigning a portion of Beaty Road and the authority to execute all documents necessary to convey the remaining excess right-of-way to the adjacent lot owner, reserving unto the City of San Angelo blanket drainage and utility easements; and authorizing the City Manager or his designee to file an amended plat to formalize the realignment of a segment of Beaty Road and the adjoining property line for said Lot 14e.

Summary: The property owner of Lot 14E, which is adjacent to the excess right-of-way described in the caption above, approached the Water Utilities Department regarding a possible acquisition of this property for use as a driveway and landscaping, to be

maintained by the property owner. In assessing the request, it was determined that the right-of-way width at this location is unnecessarily large, and City staff has no objections to eliminating this portion.

Analysis: The attachments to this report include the current plat for this subdivision from 1999. In the execution of this subdivision plat, this portion of Beaty Road was dedicated to the public. Once this request was received, both internal staff and external utilities were notified of the proposed change. Both groups have responded that a blanket drainage and utility easement is necessary for the entire tract proposed to be transferred. In consulting with the City Attorney’s office, staff learned that state law allows for a tract of property which is not necessary to the municipality and is not buildable can be sold to an adjacent property owner (and only an adjacent property owner) for its fair market value. As such, they have suggested that two steps will be required to complete this transaction: (1) a realignment of Beaty Road as authorized by the City Council, and (2) an amended subdivision plat be created and filed, to extend the northern boundary of Lot 14E, thus encompassing this extra square footage. The fair market value will include an amount discounted for the following factors: retaining of blanket easements by both the City and external utility companies and size of the property. If approved by the Council, staff will work with the adjacent property owner in the application and approval process for the amended plat of this property; once completed and filed, this parcel will be added to the tax rolls.

Related Vision Item: Examine liquidation of unused or underperforming City-owned

properties. Financial Impact: No cost; profit of appraised value. Recommendation: City staff recommends approval of this request. Attachments: original subdivision plat of Lake Nasworthy Addition, Group

One, Section Two, with area of excess right-of-way outlined in red;

graphic representation of subject property; field notes specifically describing subject property; proposed amended subdivision plat of this location to be

approved and recorded if Council approves this request; and proclamation.

Publication: No legal notice required. Reviewed by: AJ Fawver, Planning Manager (01/27/12)

RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ESTABLISH THE FAIR MARKET VALUE OF 8938 SQUARE FEET OF EXCESS RIGHT-OF-WAY ADJACENT TO BEATY ROAD AND LOT 14E, BLOCK 1, GROUP 1, SECTION 2, LAKE NASWORTHY ADDITION, CITY OF SAN ANGELO, TOM GREEN COUNTY, IN SOUTHWEST SAN ANGELO, FOR PURPOSES OF REALIGNING A PORTION OF BEATY ROAD AND THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO CONVEY THE REMAINING EXCESS RIGHT-OF-WAY TO THE ADJACENT LOT OWNER, RESERVING UNTO THE CITY OF SAN ANGELO BLANKET DRAINAGE AND UTILITY EASEMENTS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FILE AN AMENDED PLAT TO FORMALIZE THE REALIGNMENT OF A SEGMENT OF BEATY ROAD AND THE ADJOINING PROPERTY LINE FOR SAID LOT 14E

WHEREAS, on May 12, 2000, a plat establishing and creating Block 1, Group 1, Section 2 of the Lake Nasworthy Addition was filed for record with the Tom Green County Clerk; and WHEREAS, this plat established and dedicated to the public a segment of Beaty Road; and WHEREAS, this segment of Beaty Road is extraordinarily wide at its point of adjacency with Lot 14E and is deemed excess right-of-way that represents an unbuildable segment of property; and

WHEREAS, City staff has indicated their belief that this property is not necessary to the municipality; and WHEREAS, external utility providers and City staff have indicated their agreement with this action so long as a blanket easement for drainage and utilities is retained; and WHEREAS, Texas state law allows for property which is not necessary to the municipality and is not buildable to be sold to an adjacent property owner for its fair market value; and WHEREAS, the City Council for the City of San Angelo determines that this segment of right-of-way for Beaty Road is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the City Manager of the City of San Angelo or his designee is hereby authorized to execute and deliver a formal instrument officially amending the plat establishing specifically Lot 14E in Block 1, Group 1, Section 2 of the Lake Nasworthy Addition to San Angelo, Tom Green County, Texas, by realigning Beaty Road, and to establish the fair market value of this excess property.

PASSED, APPROVED, AND ADOPTED on this the 7th day of February, 2012.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager

City of San Angelo

Memo Meeting Date: February 7, 2012

To: City Council members

From: Kari LeBoeuf, Planner

Subject: Easement Release, a request for approval of a release of utility easement on the following property:

Location: Lake Nasworthy Addition, Group Red Bluff, Section 2, Lots 16 thru

21 and 23 thru 36, along the north half of Red Bluff Circle, in southwest San Angelo.

Contacts: Will Wilde, Water Utilities Director 325-657-4209

Kari LeBoeuf, Planner 325-657-4210

Summary: The City Council may:

Approve the proposed easement release as presented; or Approve the proposed easement release, subject to conditions believed to be

necessary; or

Deny the proposed easement release; Recommendation: Planning Commission, by a unanimous vote, and City staff recommends approving the proposed easement release as presented.

History and Background: City of San Angelo Water Utilities Division initiated this release as they have recently finished their master plan for water and sewer services in this area and no longer need this easement. A new water\sewer easement for this area is being established with a separate instrument. General Information

Existing Zoning: Single-Family Residential (RS-1) Existing Land Use: Residences Surrounding Zoning/Land Use: North: N/A Lake Nasworthy West: RS-1 Residences South: RS-1 Residences East: N/A Lake Nasworthy

Thoroughfares/Streets: Red Bluff Circle is classified as a “local” street

which is designed to carry light neighborhood traffic.

Storm Water/Drainage: There will be no drainage issues if this easement

is released. Water/Sewer Utilities: There will be no water\sewer issues if this

easement is released. Fire Protection: There will be no fire protection issues if this

easement is released. Access Management: There will be no access issues if this easement is

released. Private Utilities: There will be no issues for any private utilities if

this easement is released. Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property;

excerpt from plat, highlighting easement to be released; Presentation: AJ Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (01/19/12)

RESOLUTION

A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 1484 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF LOTS 16 THRU 21 AND LOTS 23 THRU 36 IN GROUP RED BLUFF SECTION 2 OF THE LAKE NASWORTHY ADDITION, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT

RE: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN LAKE NASWORTHY ADDITION, GROUP RED BLUFF, SECTION 2, LOTS 16 THRU 21 AND 23 THRU 36, ALONG THE NORTH HALF OF RED BLUFF CIRCLE, IN SOUTHWEST SAN ANGELO

WHEREAS, on May 12 of 2000, officials of the City of San Angelo executed the dedication of a 20’ by 1484’ easement to the City of San Angelo, said easement extending across certain tracts in Christoph A. Voight Survey 181 and Gottfried Maurer Survey 182, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, the above-described easement is now situated entirely within the bounds of Lots 16 thru 21 and Lots 23 thru 36 in Group Red Bluff Section 2 of the Lake Nasworthy Addition which is recorded on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas; and WHEREAS, utilities have never been installed in this easement; and WHEREAS, the City of San Angelo Water Utilities Division has recently modified the master development plan for this area and determined that this utility easement is not needed at this location; and WHEREAS, a request has been made by the City of San Angelo Water Utilities Division, to release the easement identified above; and WHEREAS, a utility easement to serve this area will be dedicated on a separate instrument in the future; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Lots 16 thru 21 and Lots 23 thru 36 in Group Red Bluff Section 2 of the Lake Nasworthy Addition (and as originally dedicated by an instrument found on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas) is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on May 12 of 2000, by

instrument found on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the ?th day of ?, 2012. THE CITY OF SAN ANGELO, TEXAS by:_____________________________ Alvin New, Mayor ATTEST: by:___________________________________ Alicia Ramirez, City Clerk

RESOLUTION

A RESOLUTION AUTHORIZING RELEASE OF A 20 FOOT BY 1484 FOOT UTILITY EASEMENT LOCATED WITHIN THE BOUNDS OF LOTS 16 THRU 21 AND LOTS 23 THRU 36 IN GROUP RED BLUFF SECTION 2 OF THE LAKE NASWORTHY ADDITION, AND PROVIDING FOR THE MAYOR TO EXECUTE AND DELIVER A LEGAL INSTRUMENT FORMALLY RELEASING AND DISCHARGING SUCH EASEMENT

RE: CONSIDERATION OF A REQUEST TO RELEASE A UTILITY EASEMENT IN LAKE NASWORTHY ADDITION, GROUP RED BLUFF, SECTION 2, LOTS 16 THRU 21 AND 23 THRU 36, ALONG THE NORTH HALF OF RED BLUFF CIRCLE, IN SOUTHWEST SAN ANGELO

WHEREAS, on May 12 of 2000, officials of the City of San Angelo executed the dedication of a 20’ by 1484’ easement to the City of San Angelo, said easement extending across certain tracts in Christoph A. Voight Survey 181 and Gottfried Maurer Survey 182, in the City of San Angelo, Tom Green County, Texas; and WHEREAS, the above-described easement is now situated entirely within the bounds of Lots 16 thru 21 and Lots 23 thru 36 in Group Red Bluff Section 2 of the Lake Nasworthy Addition which is recorded on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas; and WHEREAS, utilities have never been installed in this easement; and WHEREAS, the City of San Angelo Water Utilities Division has recently modified the master development plan for this area and determined that this utility easement is not needed at this location; and WHEREAS, a request has been made by the City of San Angelo Water Utilities Division, to release the easement identified above; and WHEREAS, a utility easement to serve this area will be dedicated on a separate instrument in the future; and WHEREAS, the City Council for the City of San Angelo determines that the easement existing within the bounds of said Lots 16 thru 21 and Lots 23 thru 36 in Group Red Bluff Section 2 of the Lake Nasworthy Addition (and as originally dedicated by an instrument found on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas) is no longer needed for any identifiable purpose and may reasonably be released and discharged; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN ANGELO, TEXAS; that the Mayor of the City of San Angelo is hereby authorized to execute and deliver a formal instrument officially releasing and discharging said easement, as said easement was originally dedicated to the City of San Angelo on May 12 of 2000, by

instrument found on Slide 170 in Cabinet E of Plat Records for Tom Green County, Texas. PASSED, APPROVED AND ADOPTED on this the 7th day of February, 2012.

THE CITY OF SAN ANGELO, TEXAS

Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager

City of San Angelo Finance Department



From: Don Maynard, Budget Manager

Subject: Agenda Item for January 17, 2012 Council Meeting

Contact: Don Maynard, Budget Manager 481-2757

Caption: Regular (1st reading) Consent (2nd reading)

First public hearing and introduction of an Ordinance amending the 2011-2012 Budget for new projects.

Summary: This proposed amendment contains the following item (additional information attached):

• Boat Ramp at Lake Nasworthy • Renovate and reuse the former Coke Building as The Business Resource Center

History: See attached Budget Amendment Request memorandum.

Financial Impact: $1,594,722 (see attached detail on Exhibit A of the Ordinance)

Related Vision Item (if applicable): N/A

Other Information/Recommendation: Staff recommends approval.

Attachments: Ordinance including Exhibit A; Department request memos

Presentation: N/A

Publication: N/A

Reviewed by Service Area Director: Michael Dane

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, FOR NEW PROJECTS.

WHEREAS the City of San Angelo has determined that new projects not included in the current budget should begin, and

WHEREAS the City of San Angelo has determined that certain budgeted amounts should be amended due to project changes and unforeseen circumstances, and

WHEREAS the resources necessary for these changes are available;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT:

The City’s budget for fiscal year 2011-2012 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 17th day of January, 2012, and APPROVED and ADOPTED on this the 7th day of February, 2012.

CITY OF SAN ANGELO, TEXAS

________________________________Alvin New, Mayor

ATTEST: __________________________________ Alicia Ramirez, City Clerk

Approved as to Content and Form:

__________________________________ Michael Dane, Finance Director

City of San Angelo Proposed Budget Amendment Exhibit A

Fund Number Fund Name

Total Revenue Amendment

Total Expenditure Amendment

Net Benefit/

(Cost)

260 Water 0 35,000 (35,000)

COSADC 0 1,559,722 (1,559,722)

Totals 0 1,594,722 (1,594,722)

City of San Angelo Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

New Boat Ramp at Lake Nasworthy Water Fund-Fund

Balance * 0 35,000 (35,000)

Renovate and reuse the former Coke building as The Business Resource Center

COSADC Fund Balance 0 1,559,722 (1,559,722)

Totals 0 1,594,722 (1,594,722)

*Lake Nasworthy Trust Fund interest dollars housed in the Water Fund

City of San Angelo




Subject: Agenda Item for January 17 and February 7, 2012 Council Meeting


Caption: Consideration of an Ordinance Amending Appendix A, Article 8.000 of the Code of Ordinances, City of San Angelo, Texas, by amending Section 8.200 “Monthly Water Rates” to repeal Subsection 8.200(a)(1) in its entirety; and adopting a new Subsection 8.200(a)(1) establishing new usage rates for residential building/landscape meters and fire hydrant meters, providing for severability, providing for a penalty and providing for an effective date.

Summary: The proposed ordinance will eliminate a separate rate structure for residential landscape meters. The water usage on the landscape meter will be combined with the house meter at a residence and the combined consumption will be billed at the current building meter rate. History: The current ordinance has separate block rate structures for the billing of usage on residential landscape and building meters.

Financial Impact: All revenues go into the water operating fund. Other Information/Recommendation: Water usage on a residential account is being combined to implement the excessive usage provisions set out in the Water Conservation/Drought Contingency Ordinance. Residential landscape meters are not subject to wastewater charges and combining the usages for water billing will not affect the sewer averaging and sewer billing on the account. It is recommended the ordinance be adopted. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 2, 2012.

AN ORDINANCE AMENDING APPENDIX A, ARTICLE 8.000 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO TEXAS, BY AMENDING SECTION 8.200 ENTITLED “MONTHLY WATER RATES” BY REPEALING SUBSECTION 8.200(a)(1) IN ITS ENTIRETY; AND ADOPTING A NEW SUBSECTION 8.200(a)(1) ESTABLISHING NEW USAGE RATES FOR RESIDENTIAL BUILDING AND LANDSCAPE METERS AND FIRE HYDRANT METERS, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE

BE IT ORDAINED BY THE CITY OF SAN ANGELO:

1) THAT, Appendix A, Article 8.000 of the Code of Ordinances, City of San Angelo, Texas, Section 8.200, Monthly Water Rates, is hereby amended by repealing Subsection 8.200(a)(1) in its entirety and adopting a new Subsection 8.200(a)(1) to read as follows:

Sec. 8.200 Monthly Water Rates

(a) All persons supplied with water by the city shall be billed for water at the following monthly rates for water supplied on or after March 1, 2012.

(1) Meter Size Base Rate

5/8" $19.12

1" $23.14

1-1/2" $27.19

2" $35.86

3" $104.71

4" $130.73

6" $190.31

8" $257.97

Residential Untreated Water $23.14

Classifications Rate per 1,000 Gallons

RESIDENTIAL (single-family residence, duplex, or other individually metered residential unit). Residential usage shall be the combined usage of the building meter and any landscape meter(s) serving the tract.

0-2,000 gallons $2.32

Next 3,000 gallons $3.46




Over 100,000 gallons $4.82

COMMERCIAL, APARTMENT AND MOBILE HOME PARK

Building Meter

1,000 gallons and up $3.83

Landscape Meter

1,000 gallons and up

Winter* $3.87

Summer** $4.12

INDUSTRIAL, HOTEL, MOTEL, HOSPITAL, SCHOOL AND GOVERNMENT

Building Meter


Landscape Meter


Winter* $3.92

Summer** $4.17

Millersview-Doole


Winter* $5.62

Summer** $6.32

Producers Lamb and Goat


Fire Hydrants


UNTREATED WATER

Residential

0-5,000 gallons

Next 5,000 gallons

Over 10,000 gallons

$1.81

$2.31

$3.02

Commercial, Apartment and Mobile Home Parks, Industrial, Hotel, Motel, Hospital, School and Government


$3.02

*Winter is the billing period of October through April.

**Summer is the billing period of May through September. 2) THAT all remaining subsections of Section 8.200 not amended by this ordinance remain in full force and effect.

3) THAT, the following severability clause is hereby adopted with this amendment:

SEVERABILITY:

That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

4) THAT, the following penalty clause is adopted with this amendment:

PENALTY:

Any person who violates any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense.

5) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.

INTRODUCED on the day of , 2012, and finally PASSED,

APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO

ATTEST:

Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

City of San Angelo Office of the City Clerk



From: Alicia Ramirez, City Clerk

Subject: Agenda Item for January 25, 2011 Council Meeting

Contact: Alicia Ramirez, City Clerk, 657-4405

Caption: Regular Item

First public hearing and consideration of introduction an Ordinance ordering the General Election for May 12, 2012:

AN ORDER CALLING A GENERAL ELECTION FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS FOR MAY 12, 2012

UN DECRETO CONVOCADO UNA ELECCION GENERAL PARA LA ELECCION DE OFICIALES MUNICIPALES PARA EL 12 DE MAYO DE 2012

Summary/History: The Ordinance ordering the General Election is a routine action required by the Election Code 3.005(a) to set the date of the election, possible runoff, and place for early voting. The General Election is to fill full terms for Single Member Districts 1, 3, 5, and Chief of Police. Financial Impact: The expense of the election is shared on a prorata basis with Tom Green County and local Independent School Districts. The agreement(s) will be presented at the next regularly scheduled meeting. City-wide election costs are shared accordingly for each entity; however, due to the 2011 legislative changes and adoption of SB100, these costs may vary. On December 6, 2011, Council approved a resolution designating and combining polling locations; and, authorized staff to negotiate and execute a joint election services agreement for this and subsequent elections until 2022. The agreement outlines the Elections Administrator will continue to hold elections for the municipality on the May uniform election date, and participating entities agree to purchase additional equipment and hire additional personnel for the conduct of said elections. Definitive figures will not be available until after the election, therefore the estimated total cost for 2012 will be based on prior year’s cost for a city-wide election at $40,000.00. The estimated proportionate shared cost for the City may be $36,000.00. Cost may further decrease since the number of polling locations have decreased. If warranted, a budget amendment will be submitted for additional funds in account 101-0500-411.06-16. Other Information/Recommendation: Staff request consideration by Council to adopt the ordinance calling for the general election. Attachments: Ordinance

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, ORDERING THAT A GENERAL ELECTION BE HELD IN SAID CITY ON THE 12th DAY OF MAY, 2012, FOR THE PURPOSE OF ELECTING MUNICIPAL OFFICERS; ORDERING PUBLICATION; MAKING PROVISIONS FOR THE CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of San Angelo, Texas (hereinafter referred to as the “City”), pursuant to provisions of the Texas State Constitution, Texas Election Code and City Charter for the City of San Angelo, does determine to call a general election for the purpose of electing municipal officers for the following positions: one City Councilmember from Single Member District 1; one City Councilmember from Single Member District 3; one City Councilmember from Single Member District 5; and one Chief of Police; by the qualified voters of the City of San Angelo Single Member District Number 1, Number 3, Number 5, and at large, respectively; and WHEREAS, should any candidate for an office in the general municipal election fail to receive a majority of all the votes cast for such office, then in that event it shall be the duty of the City Council to order a runoff election for each position to which no one was elected as required by Section 45 of the City Charter; and WHEREAS, the election will be held jointly with the Wall and Veribest Independent School Districts as authorized by the City Council; and WHEREAS, the meetings at which this Ordinance is considered are open to the public as required by law, and public notice of the time, place and purpose of said meetings was given as required by Title 5, Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. The City Council orders an election of officers for the City of San Angelo, Texas, to be held on the second Saturday of May, 2012,, the same being the 12th day of May, 2012, which is not less than seventy (62) days from the date of the adoption of this Ordinance, between the hours of 7:00 A.M. and 7:00 P.M., for the purpose of electing the following municipal officers: one City Councilmember from Single Member District 1; one City Councilmember from Single Member District 3; one City Councilmember from Single Member District 5; and one Chief of Police.

Section 3. That voting at and on said election shall be by use of digital scan ballots, and the official ballots for said election shall conform to the Texas Election Code, as amended, so as to permit the electors to vote for the candidate of their choice, with the official ballot to contain such other provisions, markings and language as required by law.

Section 4. That Early Voting by personal appearance shall be conducted each weekday, April 30, 2012 through May 4, 2012 from 8:00 A.M. - 5:00 P.M. and May 7, 2012 through May 8, 2012, from 7:00 A.M. – 7:00 P.M. The City of San Angelo will utilize the early voting branch locations, Exhibit “A”, designated by Tom Green County as outlined in the Election Code Section 42.002 entitled “Required Use of County Precincts”. Application for ballot by mail shall be mailed to:

City Clerk, City of San Angelo c/o Vona McKerley, Tom Green County Elections Administrator Judge Edd B. Keyes Building 113 W. Beauregard Ave. San Angelo, Texas 76903

Applications for ballot by mail must be received no later than the close of business on Friday, April 27, 2012. Section 5. That said election shall be conducted and the results canvassed and announced as prescribed by the General Election Laws of the State of Texas, as amended, and only duly qualified electors shall be qualified to vote. Section 6. That the City Clerk is directed and required to publish notice of said election as required by law.

Section 7. This Ordinance shall be effective from and after the date of adoption. INTRODUCED on the 17th day of January, 2012 and finally PASSED, APPROVED and ADOPTED on the 7th day of February, 2012. THE CITY OF SAN ANGELO By: ATTEST: Alvin New, Mayor By: Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: ____________________________ ____________________________

Alicia Ramirez, City Clerk Lysia H. Bowling, City Attorney

Exhibit “A”

POLLING PLACES FOR MAY 12, 2012 GENERAL ELECTION AND SUBSEQUENT UNIFORM ELECTION DATES

AND RELATED EARLY VOTING DATES

EARLY VOTING BRANCH LOCATIONS OPEN FROM APRIL 30, 2012 TO MAY 4, 2012 FROM 8:00 A.M. TO 5:00 P.M. & MAY 7, 2012 TO MAY 8, 2012 FROM 7:00 A.M. TO 7:00 P.M.

Main Tom Green County Election Office 113 W. Beauregard, 2nd Floor EV1 River Place Senior Apartments 501 S. Irene EV2 Disability Connections 3184 Executive Drive EV3 Assembly of God Church 1442 Edmund Blvd. EV4 Plaza del Sol Apartments 4359 Oak Grove Blvd

ELECTION DAY POLLING LOCATIONS OPEN FROM 7:00 A.M. TO 7:00 P.M.: 1. Precincts 106, 107, 114, 124, 137, 144, 146, will vote at either one of the following

locations on Election Day:

Precincts Location Address 144 Belmore Baptist Church 1214 S. Bell St.

146 Baptist Memorial Hospital 902 North Main

2. Precincts 215, 230, 241, 228, and 243 will vote at either one of the following locations on Election Day:

Precincts Location Address 230 Southgate Church of Christ 528 Country Club Rd.

241 Sierra Vista United Methodist Church 4522 College Hills Boulevard

3. Precincts 304, 305, 306, 319, 327, 348, and 351 will vote at either one of the following locations on Election Day:

Precincts Location Address 304 Lakeview Bible Church 4825 Grape Creek Rd

319 Heights Southern Baptist Church 4512 Sherwood Way

4. Precincts 401, 402, 420, 421, 434, 435, and 436 will vote at either one of the following locations on Election Day:

Precincts Location Address 421 Plaza Del Sol Apartments 4359 Oak Grove Blvd.

436 MHMR 1501 W. Beauregard

SAN ANGELO CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU

CITY COUNCIL REPORT

2011 – 4th QUARTER REPORT

1. MARKETING EFFORTS & RESULTS……………… 1 - 4

2. CONVENTION ACTIVITY…………………………… 5 - 17

3. LATEST FINANCIAL STATEMENT………………... 18 - 21

4. ADVERTISEMENTS & NEWSLETTER……………. 22 - 26

MARKETING EFFORTS

CONVENTION & VISITORS BUREAU

Reflecting totals for 4th quarter, 2012

Advertising inquiries 3,065

Web-page inquiries 54,478

Phone inquiries 422

Visitors welcomed 1,527

1

Visitor Center Statistics for 2012 are completed!

Over 10,000 visitors visited our beautiful visitor center in 2011. They came from every state in

the US and 29 other countries.

Purpose Count

Leisure 4540

Family 1542

Coaches Clinic 962

Drag Boat Races 891

Business 840

Other 439

Passing through 429

Horsemen 272

Sports 87

TOTAL 10,002

The top 10 cities (in descending order) Top States

San Antonio New Mexico

Odessa California

Houston Oklahoma

Midland Colorado

Austin Ohio

Abilene Top Countries

Lubbock Canada

Fort Worth Mexico

Del Rio United Kingdom

Big Spring Germany

Australia

2

San Angelo Convention & Visitors Bureau Advertising Results 2011

JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC currentState Travel Guide (Annual) 636 13 24 30 35 36 131 68 95 133 73 58 $10.31

Better Homes & Garden 962 515 241 153 43 5 5 $2.56Family Circle 477 31 228 165 53 7 $3.23Ladies Home Journal 503 137 293 48 7 8 10 $4.89More 143 43 62 38 $17.20Parents 253 2 120 114 17 $6.17Texas Highways 1016 21 23 41 65 59 487 77 39 87 57 48 12 $15.06Texas Monthly

TTIA Insert (Spring 2011) 7054 1862 2166 2218 808 $0.12

Travel Tex 416 35 29 36 343 $11.03

TTIA Insert (Fall 2011) (3587) 1219 803 874 691 $5.48TTIA Web Page Tour Texas (Annual) 3628 1007 1123 271 207 244 749 177 209 137 100 79 Apr. -$0.44

Total 34 1054 1194 1091 3082 3511 3676 1105 1632 1130 1095 840

TOTAL YEAR TO DATE 2011 34 1088 5142 6658 9848 13359 17035 18140 19772 20902 21997 22837

TOTAL PAGE VIEWSAmended 6-16-2011 38770 36377 40691 33696 37243 40778 51247 48276 38891 unavailable 11192 13286

VISITS TO WEBSITE

Amended 6-16-2011 14157 15494 15173 12787 14203 15612 23518 23073 14143 unavailable 8278 29961

3

Percent Change from December 20102011 2010 2011 2010 2011 2010 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo 51.4 42.8 70.17 64.89 36.06 27.79 20.0 8.1 29.7 30.1 0.3 20.4Abilene 44.8 40.1 70.58 66.11 31.65 26.52 11.8 6.8 19.3 18.3 -0.9 10.8Midland 70.4 50.1 93.93 73.37 66.10 36.77 40.4 28.0 79.7 79.7 -0.0 40.3Odessa 77.9 59.3 92.50 69.46 72.09 41.22 31.3 33.2 74.9 81.3 3.7 36.2Lubbock 50.5 50.9 73.87 67.40 37.29 34.33 -0.9 9.6 8.6 9.3 0.7 -0.2Kerrville 33.6 33.9 66.08 66.17 22.20 22.41 -0.8 -0.1 -0.9 1.7 2.6 1.8Amarillo 53.6 54.8 66.76 64.83 35.75 35.56 -2.4 3.0 0.5 3.4 2.8 0.4Wichita Falls 39.7 38.2 61.98 63.41 24.62 24.25 3.9 -2.3 1.5 -3.1 -4.5 -0.8Killeen 52.4 47.3 65.07 66.99 34.13 31.66 11.0 -2.9 7.8 1.9 -5.4 4.9Longview 47.6 44.8 60.73 60.84 28.88 27.27 6.1 -0.2 5.9 9.6 3.5 9.8

Percent Change from YTD 20102011 2010 2011 2010 2011 2010 Occ ADR RevPAR Room Rev Room Avail Room Sold

San Angelo 63.1 51.4 71.14 68.92 44.85 35.42 22.7 3.2 26.6 30.8 3.3 26.7Abilene 56.7 49.2 72.56 70.07 41.18 34.44 15.4 3.6 19.5 20.2 0.6 16.1Midland 74.3 54.9 87.67 76.91 65.11 42.22 35.3 14.0 54.2 54.2 -0.0 35.2Odessa 81.0 59.1 82.84 71.35 67.09 42.18 37.0 16.1 59.0 68.3 5.8 44.9Lubbock 61.2 57.3 76.15 71.83 46.57 41.16 6.7 6.0 13.1 13.8 0.6 7.4Kerrville 44.0 46.1 74.50 76.12 32.77 35.09 -4.6 -2.1 -6.6 -4.4 2.4 -2.3Amarillo 61.5 60.3 68.08 65.10 41.88 39.24 2.1 4.6 6.7 7.4 0.7 2.7Wichita Falls 48.4 47.0 64.75 65.58 31.31 30.82 2.9 -1.3 1.6 -3.4 -4.9 -2.2Killeen 58.3 58.7 68.92 68.83 40.21 40.41 -0.6 0.1 -0.5 -8.3 -7.9 -8.5Longview 55.5 52.8 62.56 63.68 34.72 33.60 5.2 -1.8 3.3 6.4 2.9 8.3

Census Sample Census Sample

San Angelo 24 18 1956 1510Abilene 42 25 3266 1983Midland 34 17 2785 1631Odessa 33 18 2651 1931Lubbock 56 38 5017 3870Kerrville 14 10 1092 864Amarillo 65 41 5668 4119Wichita Falls 27 22 2330 2054Killeen 34 21 2279 1571Longview 36 20 2484 1412

RoomsProperties

Participation

RevPARADROcc %

Current Month - December 2011 vs December 2010

RevPARADROcc %

Year to Date - December 2011 vs December 2010

4

Convention & Visitors Bureau Results

Texas Section Society for Range Management held its annual conference at theSan Angelo McNease Convention Center in mid-October.

Activity # of Events Room Nights Total Economic lrnpact

Visitors registered at VC 10,291 20,582 53,437 ,194

Motor Coach Tours Sz,ozq

Major Festivals 52,164,882

# of Conventions # oJ Delegates Room Nights Total Economic Irnpact

14,750 St,qgq,o52

# oJ Sports Activities Room Nights Total Economic lrnpact

6I,B9B 13,975 53 ,Tii,Bzs

The Worlds Greatest Horseman competition held at the lstCommunity Credit Union Spur Arena was a four part event.

5

CONVENTION ACTIVITIES

SAIVANGELOCONVE]YTI O]Y & VISITOR^S B UREAU

20tI 4r QuurterOctobeF-December

Assisted with 24 conventions, meetings, sporting events ormotor coach tours

o Proiected attendance : 42^7 7 0J

o Proiected room nights: 2.7 55

o Average length of days spent:2.5 days

o Total Esonomic Impact: $5.780"568

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17

CONVENTION & VISITORS BUREAU

INCOME, EXPENSE AND PROFIT/LOSS STATEMENT

FOR THE ONE MONTH AND THE TWELVE MONTHS ENDING DECEMBER 31 ,2011

INGOME:HOTEL/MOTEL TAX RECEIPTSINTEREST INCOMEVISITORS CENTER SALESTOTAL INCOME

OPERATING EXPENSES:SALARIES & BENEFITSOVERHEADADMIN EXPENSEAUDITTOTAL EXPENSES

MARKETING EXPENSES:MARKETING EXPENSESTOTAL PROGRAM EXPENSES

TOTAL EXPENSES

OPERATING INCOME(LOSS)

DESIGNATED FUND EXPENSESSports Fund ExPenseCommunity Events ExPense

TOTAL DESIGNATED FUND EXPENSES

DESIGNATED FUNDS INGOMESports Fund DonationsWayfinding Donations

TOTAL DESIGNATED FUND INCOME

MONTH TO DATE

$ 80,378.2365.46

535.5680,979.25

22,930.7312,226.744,057.35

0.00

39,214.82

96.730.6096.730.60

135,945.42

(54,966.17)

6,600.0010.000.0016,600.00

400.000.00

400.00

YEAR TO DATE

$ 778,102.63416.57

7,620.24786,139.44

250,263.2271,505.1339,427.38

2 600.00363,795.73

392.969.94392.969.94

756.765.67

29,373.77

20,600.0010.000.0030,600.00

400.000.00

400.00

NET PROFIT/(LOSS) $ (71,166.171 $ (826.231

18

Convention & Visitors BureauOPERATING INCOME STATEMENT


MONTHACTUAL

December

YEARTO DATE

2011

YEARTO DATE

2010

ANNUALBUDGET

2011

YEAR TO DATEPERCENT

201',|

111.1613.8976.21

INGOME:Hotel/Motel Tax Receiptslnterest lncomeVisitors Center Sales

Total lncome

OPERATING EXPENSES:Extra Help/Part-timeAdministrative WagesSocial SecurityBookkeeping & Administration FeeMedicareRetirement PlanUnemployment CompGroup lnsuranceAuditRenUStorage BldgFacility AgreementCornerstone ExpenseEquipment ExpenseGeneral lnsuranceUtilitiesPostageSecurityTelephoneCom puters/Database Su PPortOffice SuppliesChristmas Lights ExPenseAutomobile AllowanceMaintenanceMiscellaneous Office SuPPortVolunteer Program

Total Operating Expenses

MARKETI N G/ADVERTIS I N G :

Professional DuesProfessional Trai ni ng/Co nferencesSubscriptionsPostage/MarketingAdvertising/Pu blicitYPublic RelationsTelephone (800 Number)Visitor Event lncentiveConvention Servicing SuPPliesVisitor Center MerchandiseCVB WebsitePromotional ltemsPrinting/Brochure DeveloPmentVisitors & Travel MarketingConvention & Travel Trade

$ 80,378.23 $ 778,102.63 $ 657,088.25 $ 700,000.0065.46 416.57 849.55 3,000.00

535.56 7,620.24 8,706.83 10,000.00

80,979.25 786,139.44 666,644.63 713,000.00

1,137.7716,675.09

1,008.161 ,416.66

235.801,662.20

0.002,211.71

0.0080.00

250.000.00

3,697.230.00

1,389.24411.22129.97765.74

1,405.731,320.561,750.001,863.741,027.05

230.45546.50

39,214.82

13,026.23186,114.63

12,069.3016,999.922,822.649,150.95

514.4226,565.05

2,600.00960.00

2,750.00400.00

14,378.073,682.93

12,357.172,361.221,689.609,192.633,157.906,312.221,750.00

17,432.3712,513.392,322.052,673.04

363,795.73

20,029.99179,319.65

11,888.2816,999.922,779.298,898.96

587.3021,728.67

2,520.00960.00

3,000.00828.16

16,128.073,786.89

12,343.981,886.381,299.708,381.114,538.775,237.441,750.00

14,278.9311 ,591.422,088.821,747.53

354,599.26

7,094.003,935.783,233.456,147.08

127,236.913,041.52

301.8825,266.5014,794.386,869.246,761.09

10,000.001Q,297.8713,321.5341,278.89

16,000.00184,000.00

11,500.0017,000.002,780.007,000.00

300.0026,330.00

2,600.00960.00

3,000.00150.00

18,000.005,000.00

14,000.002,600.002,000.008,500.005,000.006,500.001,750.00

15,000.0011,600.002,000.002,000.00

365,570.00

110.26

81.42101 .15104.96100.01141.57130.75172.05100.90100.04100.1091.70

268.4679.8873.6788.2790.8584.52

1 08.1 663.1797.1 3

100.06116.22107.881 16.16133.72

99.51

2,337.000.00

2,813.651,447 .46

28,585.57213.78

30.4032,975.643,368.563,162.14

19.951,420.64

27.492,853.27

14,395.20

7,657.005,340.856,348.453,044.90

209,783.705,028.46

360.1135,923.6418,660.367,453.30

499.959,389.216,214.99

13,162.2548,723.07

6,000.004,500.005,000.005,000.00

138,866.005,000.00

400.0050,000.0025,000.00

6,000.005,000.00

11,000.0013,000.0013,000.0048,000.00

127.64118.71126.99

60.91151.07100.5990.2571.8574.64

124.2410.0085.3647.81

101.26101 .51

19

Convention & Visitors BureauOPERATING INGOME STATEMENT


Trade Shows

Total Marketi ng/Advertisi ng

TOTAL EXPENSES

OPERATING BUDGET INC/LOSS

DESIGNATED FUNDS INCOME

Sports Fund Donations

Wayfinding Donations

TOTAL DESIGNATED FUNDINCOME

DESIGNATED FUNDS EXPENSE

Sports Fund Expense

Wayfinding Signage Expense

CVB Bid lncentive Expenses

Community Events ExPense

Transfer to Sports Fund

TOTAL DESIGNATED FUNDEXPENSE

SURPLUS (DEFICIT)

MONTH YEARACTUAL TO DATE

December 2011

3,079.85 15,379.70

96,730.60 392.969.94

135.945.42 756,765.67

YEAR ANNUAL YEARTODATETO DATE BUDGET PERCENT

2010 2011 2011

13,737 .20 13.000.00 1 18.31

293.317.32 348,766.00 112.67

647.916.58 714.336.00

18,728.05 (1,336.00)

6,025.00

0.00

6,025.00

7,850.30

9,400.00

0.00

0.00

4,700.00

20,950.30

(54,966.17)

400.00

0.00

400.00

6,600.00

0.00

0.00

10,000.00

0.00

16,600.00

29,373.77

400.00

0.00

400.00

20,600.00

0.00

0.00

10,000.00

0.00

30,600.00

(71,166.17) (826.23) 3,802.75#

20

Convention & Visitors BureauBALANCE SHEET

As of December 31,2011 and December 31,2010

Assets

Current AssetsPrimevest M/Mkt - 3 month working capital

Community Events Checking- Texas Bank

Wayfinding Checks - First Financial Bank

Sports Fund CheckingCash in Bank - First Financial Bank

Total Current Assets

Fixed AssetsProperty & EquiPmentAccumulated DePreciation

Total Fixed Assets

Total Assets

Liabilities and Fund Balance

Current Year

153,676.14

43,303.964,496.76

13,054.36

214,369.97

428.901.19

89,561.01(82,775.01\

6,786.00

$ 435.687.19

$ (ee1.35)442.67

1.405.82

857.14

268,379.3451,522.4435,000.0055,000.3940,000.00

(826'2CI

449,075.94

$ 449.933.08

Prior Year

$ 153,661 .31

53,277.54

4,496.7633,241.72

185.491.17

430,168.50

89,561.01

_ (73,029.64)

16,531.37

s 446.699.87

$ (564.ee)

382.67

1,480.54

1,298.22

259,757.8751,522.4435,000.0055,000.3940,000.00

4,120.95

M5,401.65

$ 446.699.87

Current LiabilitiesPayroll Tax PaYable

Unemployment - SUTA Tax PaYable

Sales Tax Payable

Total Current Liabilities

Fund BalanceFund Balance - CVBFund Balance - CommunitY Events

Sports Promotion Fund Balance

Fund Balance - WaYfinding Project

Fund Balance - CVB Bid lncentive Project

Earnings Year to Date (Loss)

Total Fund Balance

Total Liabilities andFund Balance

21

SPORTS DESTINATION JANUARY, 2012 1/3 PAGE

TEXAS MONTHLY JANUARY 2012 FULL PAGE

MIDWEST LIVING NOV. DEC. 2.25 x 4.0

TEXAS HIGHWAYS DEC.. 1/3 PAGE

22

BUNDLED AD: Austin Statesman, Dallas Morning News, Houston Chronicle, San Antonio Express DECEMBER 2012

TEXAS EVENTS CALENDAR Winter - Full Page

TEXAS MONTHLY – HOLIDAY AD DECEMBER 1/3 PAGE

23

San Angelo Convention & Visitors BureauThe American Bus Association Familiarization Tour group visited San Angelo this week - andtoured Miss Hattie's Bordello Museum, Fort Concho, M.L. Leddy's and more. As a result, apafticipating group has booked their tour in May. "If you show it, they will come!" Everyoneis discovering what a great place San Angelo is to live in and to visit.

San Angelo Convention & Visitors BureauIt's a cannon ball!! - RUNI American Bus Association Familiarization Tour group got a BIGBOOM out of their Fort Concho excursion. The group also had a real treat as Dorothy Douthit(Fiddle Fire) provided an exceptional chuckwagon meal and live musical entertainment -including a "Cat gone wild" - You had to be there!

335 F**pl* R***h*eJ ' 3 F**pl* T*lki*g A**ul T*is

24

NOVEMBER 25-28

Open House at the Old Chicken Farm Art Center, 2503 Martin Luther King Blvd. All studios will be open and a variety of visiting artists will give demonstrations. Additionally, many visiting artists will display their works. Loads of food, music and fun for the entire family. www.chickenfarmartcenter.com

Tis the San Angelo Season

DECEMBER 1 - 31

Concho Christmas Celebration

♦ Spectacular Light Tour on the Concho River

♦ Run Rudolph Run

♦ Christmas Light Parade Downtown San Angelo

♦ Community Tree Lighting

DECEMBER 2 - 4

Christmas at Old Fort Concho

Three days full of Christmas Cheer including shopping, living history, special area for children, ongoing entertainment, special scheduled shows, food court & much more.

Throughout the day troops in period clothing will drill, ride and fire their weapons (blanks of course).

www.fortconcho.com

SAN ANGELO EVENTS: NOVEMBER-DECEMBER-JANUARY

November 1, 2011 Quarterly Newsletter

SAN ANGELO CONVENTION & VISITORS BUREAU

Autumns sights, sounds and aromas

Visitors to the Chicken Farrn Art Center enjoy the ambiance.

NOVEMBER 25-DECEMBER 30

Santa’s Santa Fe Christmas

A much anticipated tradition features live music, children’s activities, & Jolly old St. Nick.

www.railwaymuseumsanangelo.homestead.com

Visit website below for scheduling information

25

DECEMBER 3

Christmas Memories “Trim the Tree” San Angelo Symphony A time-honored tradition as the San Angelo Symphony provides an evening filled with the joyful sounds of the season. San Angelo Symphony

www.sanangelosymphony.org

ADDITIONAL INFORMATION ON THESE AND FUTURE EVENTS MAY BE OBTAINED BY VISITING WEBSITE LISTED BELOW.

San Angelo Visitor Center 418 West Avenue B San Angelo, TX 76903 325-655-4136 [email protected] www.visitsanangelo.org

Celebrating the “Arts” of Christmas

Riding in to the New Year

JANUARY 28 - FEBRUARY 5

Celebration of Champions

The San Angelo Stock Show & Rodeo Association brings one of the most prestigious horse events to the First Community Credit Union Spur Arena, 200 West 43rd Street.

www.sanangelorodeo.com

Don’t miss the San Angelo Rodeo coming in February!!

“This charming

West Texas

town has made

the Celebration

of Champions a

must-attend

event for NRCHA

members across

the country”.

Page 2 SAN ANGELO CONVENTION & VISITORS BUREAU

DECEMBER 16—18

The Nutcracker Ballet San Angelo Civic Ballet Schedule: Friday, December 16 8:00 pm Saturday, December 17 2:00 pm & 8:00 pm Sunday, December 18 2:00 pm Lake View High School Auditorium 900 E. 43rd www.sanangelocivicballet.org

26

SAN ANGELO CHAMBER OF COMMERCE 2011 4th QUARTER ECONOMIC DEVELOPMENT REPORT TO:

CITY COUNCIL CITY OF SAN ANGELO DEVELOPMENT CORPORATION

TOM GREEN COUNTY COMMISSIONERS ECONOMIC DEVELOPMENT COUNCIL

I. GENERAL ACTIVITES

II. MARKETING

III. DECEMBER 31, 2011 FINANCIAL STATEMENTS

GENERAL ACTIVTIES OCTOBER – DECEMBER 2011

Assistance was provided:

Available property information was submitted to an inquiry we received via e-mail.

Demographic information was provided to the membership division for the submission for the Altus Trophy.

Information was provided to a staff member of the Concho Valley Council of Governments who was working on a report.

Available real estate information was provided to a local business whose lease on their current building is about to expire.

Staff provided employer information to Goodfellow Air Force base to assist them in writing a grant proposal through the Workforce Board.

John provided information to a local business owner regarding potential 4B incentives. Meetings and events:

Staff attended all scheduled COSADC meetings. The Link2Business database was demonstrated for the board during this quarter, along with 3rd quarter reports.

Staff attended multiple meetings with the partnership representing San Angelo to discuss the possibility of recruiting a second airline.

John represented the Chamber at the Better Business Bureau luncheon.

Hope represented the Chamber at the Texas Midwest Community Network annual conference in Abilene in October. Breakout sessions included social media, BREP, and Chamber best practices.

Staff assisted with and attended the Ports-to-Plains conference at the Convention Center in October.

Third quarter reports were presented to City Council.

John and Hope attended the Texas Economic Development Council’s annual meeting in October.

The Business Resource Center Committee and Economic Development Council met regularly during the months of October and November.

Hope met with Phil Neighbors and Mark Thieman to discuss the plans for the 2012 Cornerstone program.

John testified in front of the Texas Small Business Industrial Development Corporation Board regarding a loan program. We also hosted a successful dinner at Miss Hattie's for the group on Thursday night. It was a great opportunity to showcase our downtown. John participated in the Area Development’s Site Selectors Forum in Austin.

Hope met with Cornerstone chairs about plans for the 2012 campaign.

John attended the West Texas Training Center Advisory Board quarterly meeting.

John and Hope met with COSADC staff to discuss the process of presenting our quarterly reports to the COSADC board.

John participated in the Chamber board retreat.

Prospects: Staff met with a medical device company that we have been working with for over a year. Incentive negotiations continued throughout the reporting period.

A relocation/demographic package was assembled and delivered to a prospective new businessman and resident in San Angelo.

John met with a potential start-up business to discuss possible assistance.

Sales tax and demographic data was complied for a local entrepreneur who is looking at opening a second franchise in San Angelo.

A response was submitted for Project Armadillo Tech. The prospective company is a customer service center specializing in technology.

John met with a business owner who is looking to expand his franchise into San Angelo.

John met with three commercial real estate developers from Houston looking for property for retail sales, and had conference call with a site selector company from the Dallas area with interest in San Angelo development.

John worked with an oilfield related company from Colorado who is looking for a location in West Texas with rail access.

Miscellaneous: Economic development partners took part in the last step of the strategic planning process. A mock RFP was sent to our office, and a response based on the specifications provided was submitted. We then hosted a mock site selection visit from the consultants. The visit included a lunch and site tour.

AngelouEconomics presented a draft version of the strategic plan to economic development partners Wednesday. We were able to provide feedback on the goals and implementation procedures to the consultants which will be added to the plan. The final draft will be presented to City Council, the Chamber board and COSADC by mid-January.

Hope assisted the 29th class of Leadership San Angelo.

San Angelo Industries held their annual meeting in October. Howard College Foundation Board member Mike Boyd and Provost LeAnne Byrd presented to the group the plans for extending Smith Blvd.

Hope participated in a webinar hosted by Texas Economic Development Council titled "Establishing, Building and Cultivating Relationships for Economic Development Using Social Networks.”

MARKETING OCTOBER – DECEMBER 2011

John worked the Solar Power International Show in Dallas this week with the HighGround of Texas. John attended the Specialty Equipment Manufacturers Association show in Las Vegas with the HighGround of Texas. Community profile packets were mailed to leads generated from the two trade shows. Advertisements ran in both Business Xpansion Journal and Expansion Solutions. Economic Development partners shared a booth at the Chamber’s Business Expo2011. We promoted Link2Business with marketing materials and allowed people to sign up directly in our booth.

sanangelo.orgClick on Business & Economic Development

Shhh! It’s a secret!

Blending a true Texas Experience with a Trained Workforce can make your business a success.

Share the secret.

City of San Angelo

Memo Meeting Date: January 23, 2012

To: Planning Commission members

From: Jeff Hintz, Planner

Subject: Z 12-01 Paul Jost, A request to approve a zone change from

Office Warehouse (OW) and General Commercial/Heavy Commercial (CG/CH) to General Commercial (CG) on the following property:

Location: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the

intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo

Purpose: Approving this request will zone the property as General

Commercial (CG)

Contacts: Paul Jost 325-656-3886

Jeff Hintz, Planner 325-657-4210

Caption: First Public Hearing and consideration of introduction of an Ordinance

amending Chapter 12, Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo

Z 12-01: Paul Jost 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: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San

Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) and Office Warehouse (OW) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The City Council may:

(1) approve the proposed zone change;

(2) modify the application to some alternative zoning classification believed to be more

appropriate; or (3) deny the proposed zone change

Recommendation: Planning staff recommends approving the proposed Zone

Change. On January 23, 2012 the Planning Commission recommended approving this request by a unanimous vote.

History and Background:

General Information

Existing Zoning: General Commercial/ Heavy Commercial (CG/CH)

and Office-Warehouse (OW) Existing Land Use: Storage Surrounding Zoning/Land Use: North: CG/CH & OW Business & Vacant Lot West: CG/CH Appliance Business South: OW Vacant Lots East: OW Vacant Warehouse

Thoroughfares/Streets: W. 2nd street and Martin Luther King Drive are

both defined as “local streets” within the thoroughfare plan. “Local streets” are designed to carry light neighborhood traffic while a “minor” collector street is designed to carry light neighborhood traffic to larger thoroughfares.

Zoning History: CU 12-01 allows for warehousing and freight movement with conditions in this zoning district.

Applicable Regulations: Outdoor storage is not required to be completely

screened from public view in a CG district like it is in an OW District.

Development Standards: CG zones allow for Type 2 outdoor storage; 1000

square feet or 10% of the site area, whichever is greater.

CG zoning requires a 25 foot front yard Vision Plan Map: Downtown Related Comp Plan Excerpts: The 2003 Comprehensive Plan calls for

the attraction of more stores, evening entertainment venues, and restaurants within the downtown area. OW zoning does not allow for any of these activities, although CG zoning does.

Special Information

Traffic Concerns: Additional traffic could be generated in the future if a retail establishment or entertainment type venue was located on the site. “Local streets,” are not designed to carry large volumes of traffic. However, the size limitations of the site and necessary off street parking requirements will limit the size of future development. North Koenigheim Street is located one block to the west of this site is and is defined as a “major arterial.” Streets of this classification are designed to serve trips entering and leaving the urban areas as well as to serve trips within the city. This zone change is not expected to generate additional traffic to the site.

Parking Requirements: Warehousing and storage facilities require 1

space for every 4 employees Parking Provided: Yes Related Specific Use Standards: N/A Density: Low density commercial area Notification Required: Yes Notifications Sent: 18

Responses in Favor: 0

Responses in Opposition: 0

Analysis:

In order to approve this Zone Change request, the City Council members are first required to consider the following criteria: 1. Compatible with Plans and Policies. Whether the proposed amendment is compatible

with the Comprehensive Plan and any other land use policies adopted by the Planning Commission or City Council.

2. Consistent with Zoning Ordinance. Whether and the extent to which the proposed amendment would conflict with any portion of this Zoning Ordinance.

3. Compatible with Surrounding Area. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the land.

4. Changed Conditions. Whether and the extent to which there are changed conditions that require an amendment.

5. Effect on Natural Environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment, including but not limited to water and air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment.

6. Community Need. Whether and the extent to which the proposed amendment addresses a demonstrated community need.

7. Development Patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly pattern of urban development in the community.

The staff recommendation is based upon the statements listed below. Staff believes the zone change from Office Warehouse (OW) to General Commercial (CG) is consistent with the zoning ordinance and the plans and policies adopted by the city. Office Warehouse properties will not allow for sales, restaurants, or entertainment venues, precisely the things that would be ideal in a downtown area. The comprehensive plan calls for this particular property to be downtown. Rezoning this property to General Commercial will allow this property to be in line with the comprehensive plan, thus allowing future development to occur as the plan intends. It is also important to note that CG zoning is a different type of zoning in that it does not allow some of the heavier types of uses which are allowed by right in OW zoning. These include industrial services, wholesale trade, and plant nurseries, In addition, this CG zoning would represent a more appropriate transition into the surrounding RM-1 and CB districts than exists today.

This zone change is not expected to alter development patterns of the area and will be compatible with the surrounding area. Staff does not anticipate the surrounding area to develop differently as a result of this proposed zone change. The area currently has several vacant lots and vacant businesses; several of these vacant lots are zoned OW. Some CG zoning in this area may help aid the development of these underutilized OW properties just outside the Central Business District. Staff does not anticipate changed conditions that will require an amendment to existing plans and policies. The effect on the natural environment is also expected to be minimal as the property is already developed and is currently being used as a storage area. While the site does create some effect on the natural environment, staff does not believe changing the zoning of an already developed property will have substantial adverse effects on this particular property or those adjacent to it. Changing the zoning of this property will allow for venues and activities specifically called for in the comprehensive plan for this area; entertainment venues, restaurants, and stores are all vital to the success of the city and also need to be dispersed throughout the city not just in one area or corridor. The comprehensive plan calls for increased connectivity between the downtown and surrounding neighborhoods. A mix of uses and zoning around downtown will allow for better connectivity between the downtown and adjacent areas.

Proposed Conditions

N/A

Attachments: excerpt from zoning map, showing the general location within

the City of San Angelo; excerpt from zoning map, highlighting subject property; aerial photo, highlighting subject property; and Draft Ordinance.

Presentation: Jeff Hintz, Planner

Reviewed by: AJ Fawver, Planning Manager (1/17/12)

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: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo, changing the zoning classification from General Commercial/Heavy Commercial (CG/CH) and Office Warehouse (OW) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 12-01: Paul Jost

WHEREAS, the Planning Commission for the City of San Angelo and the governing

body for the City of San Angelo, in compliance with the charter and the state law with reference to zoning regulations and a zoning map, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all property owners and persons interested, generally, and to persons situated in the affected area and in the vicinity thereof, is of the opinion that zoning changes should be made as set out herein; NOW THEREFORE,


SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: 226, 230, & 236 West 2nd Street, approximately 125 feet east from the intersection of West 2nd Street and Martin Luther King Drive. More specifically occupying the Cottonyard Subdivision, Block I, Lots 6-8 in Central San Angelo, shall henceforth be permanently zoned as follows: General Commercial (CG) District.

The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning.

SECTION 2: That in all other respects, the use of the hereinabove described

property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended.

SECTION 3: That the following severability clause is adopted with this amendment:

SEVERABILITY: The terms and provisions of this Ordinance shall be deemed to be severable in that,

if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

SECTION 4: That the following penalty clause is adopted with this amendment:

PENALTY: Any person who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine as provided for in Section 1.106 of the Code of Ordinances for the City of San Angelo. Each day of such violation shall constitute a separate offense.

INTRODUCED on the 7th day of February, 2012 and finally PASSED, APPROVED AND ADOPTED on this the 21st day of February, 2012.

THE CITY OF SAN ANGELO

by:____________________________________

Alvin New, Mayor

ATTEST:

by:________________________________ Alicia Ramirez, City Clerk

Approved As To Form: Approved As To Content: _________________________ ________________________ AJ Fawver, Planning Manager Lysia H. Bowling, City Attorney

City of San Angelo




Subject: Agenda Item for January 17 and February 7, 2012 Council Meeting


Caption: Consideration of an Ordinance Amending Chapter 11, Article 11.200 of the Code of Ordinances, City of San Angelo, Texas, entitled “Water Conservation and Drought Contingency Plan”, by Repealing Article 11.200 in its entirety, and adopting a new Article 11.200, providing for a Drought Contingency Plan and for a Penalty; providing for severability and providing for an effective date.

Summary: The proposed ordinance includes changes to the trigger points for excessive water usage and modifies the surcharge rates for water usage. The ordinance also makes golf course “T” areas subject to the same watering frequency as other landscape and removes the “new landscape” watering allowance under Drought Stage Level II. The penalty provision has been changed to make it a violation of the ordinance when an account has excessive water usage for more than two consecutive months. History: The Water Conservation/Drought Contingency Ordinance is utilized to encourage on-going conservation of water and establish a means for identifying and addressing a water supply shortage or emergency.

Financial Impact: All fees collected under this ordinance are part of watering operating revenues. Other Information/Recommendation: The proposed ordinance incorporates the changes previously discussed by Council. It is recommended the ordinance be adopted. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 2, 2012.



1) THAT, Chapter 11, Article 11.200 of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed in its entirety and replaced with the following:

Sec. 11.201 Purpose

The purpose of the water conservation and drought contingency plan is to encourage water conservation at all times and to establish a procedure for identifying, classifying and handling a water supply and/or a water demand emergency effectively and efficiently.

Sec. 11.202 Water Conservation Measures

The city will utilize the following strategies to encourage, promote and require citizens to conserve water at all times.

(1) Conservation Plan. The “City of San Angelo Water Conservation Plan,” dated March 2, 2009, which is on file in the office of the city clerk, and available for public inspection, is adopted and incorporated herein.

(A) Implementation. The director of water utilities will act as the administrator of the water conservation plan. The administrator will oversee the execution and implementation of all elements of the program and will be responsible for supervising the promulgation and retention of records for program verification.

(2) Plumbing Code. The city plumbing code has provision for water conserving plumbing devices. The city will enforce the requirements of the code to ensure the use of water saving devices.

(3) Universal Metering. All users of municipal treated water, except for fire sprinkler lines, will be metered.

(4) Water Supply Meters. The city metering devices will record water use with an accuracy of plus or minus 5.0% in order to measure and account for the amount of raw water diverted from the source of supply.

(5) Restaurants. Restaurants shall not serve water to their customers except when specifically requested by the customer.

(6) Waste of Water. As defined below shall be prohibited.

(A) Allowing treated or raw city water, greywater, reclaimed water or well water to run off property to a gutter, street, alley, ditch or drainage facility and drain for more than 150 feet downgrade of the point of entry into such gutter, street, alley, ditch or drainage facility.

(B) Failure to repair a controllable leak.

(7) Prohibited Watering Hours. The use of treated or raw city water, greywater or reclaimed water for watering lawns, gardens, landscape areas, trees, golf courses, shrubs or other plants being grown outdoors (not in a nursery) shall be prohibited between the hours of 12:00 noon and 6:00 p.m. daily from April 1 through October 31.

(8) Watering Frequency. The use of treated or raw city water, greywater or reclaimed water for watering lawns, landscape areas, trees, gardens, golf courses (except greens), shrubs or other plants being grown outdoors (not in a nursery) shall be allowed at a frequency of twice every seven days during the period of April 1 through October 31 and once every seven days during the period of November 1 through March 31. Golf course greens may be watered once per day year round.

(9) New Landscape. Watering of newly seeded or sodded lawns or newly planted trees, shrubs or landscape plants will be allowed at the following frequency provided written notification is given to the city code compliance division or water conservation division of the watering schedule:

(A) Days 1-14 from planting; three times per day every day of such period at any time of day.

(B) Days 15-28 from planting; twice per day every day of such period at any time of day.

(10) Allowable Application Rates. The maximum amount of treated or raw city water, greywater or reclaimed water applied to established

lawns, landscape plants, golf courses (except greens) or shrubs shall not exceed 1 inch per week.

(11) Drip Irrigation. Landscape watering with a drip irrigation system shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigation system that uses buried drip pipe or tape.

(12) Excessive Usage of Water. Excessive usage of water as defined below shall be prohibited and shall be a violation of the water conservation and drought contingency plan:

(A) Any use of water by a customer in excess of the maximum allowable application rates under Section 11.202(10).

(B) Usage of water in amounts such that an “Excessive Usage Fee” as set out in this article is assessed.

(13) Excessive Usage Fee: A fee shall be charged for excessive water usage in the amounts set forth below. This fee shall be in addition to the standard fee charged for water usage.

(A) For single-family residential accounts, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 40,000 thru 49,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 50,000 thru 59,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 59,000 gallons during a billing period. Usage on a single-family residential account shall be the total usage at the address which is determined by adding together the usage on the meter supplying the residence and the usage on the meter(s) supplying water to the landscape watering system.

(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities, an additional fee of $1.50 per 1,000 gallons shall be charged for all usage from 90,000 thru 109,000 gallons during a billing period, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage from 110,000 thru 129,000 gallons during a billing period, and an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over 129,000 gallons during a billing period.

(14) Contracts with Other Political Subdivisions, Water Supply Corporations or Water Suppliers. Any political subdivision, water

supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed or extended. To the extent of the city’s legal authority, the city shall require the city’s wholesale customers to issue a public notice advising their water customers of required drought management measures declared in the city as follows in Section 11.203.

(A) In the event that the triggering criteria specified in Section 11.203(f) of the Plan for Water Supply Stage – Drought Level III – have been met, the city manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section 11.039 and according to the following water allocation policies and procedures.

(B) A wholesale customer’s monthly allocation shall be a percentage of the customer’s water usage baseline. The percentage will be set by resolution of the San Angelo City Council based on the administrator’s assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each wholesale customer shall be limited to the allocation established for each month.

(C) Upon initiation of pro rata water allocation, water utility director shall provide notice, by certified mail, to each wholesale customer informing them of their monthly water usage allocations and shall notify the news media and the executive director of the Texas Commission on Environmental Quality.

(15) Water Demand Emergency. In the event the quantity of water usage from the city’s water distribution system reaches a level that exceeds the amount which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and the city council of such an occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water demand emergency can be met. Upon initiation of a water demand emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(16) Water Supply Emergency. In the event of a water system failure or emergency (i.e. pressure zone deficiencies, chemical spills, broken water mains, power outages, failures of storage tanks or other equipment, treatment plant breakdown and/or water contamination) which limits the amount of water which may be treated or safely delivered through the system, the water utilities director shall notify the city manager and city council of such occurrence. The city council shall be authorized to limit the use of water by passage of a resolution outlining such limitations which shall remain in effect until the water supply emergency can be met. Upon initiation of a water supply emergency, the water utility director shall provide notice, by certified mail, to the executive director of the Texas Commission on Environmental Quality and shall notify the news media.

(17) Public Information. The water utilities director will provide regular public education and information about the importance of year-round water efficiency as delineated in the plan, and will provide general information about water supply conditions and drought plan provisions on at least an annual basis. The purpose of this effort shall be to keep the citizenry informed about the drought and conservation plans and their importance to the city’s water supply.

Sec. 11.203 Drought Stages and Water Management Measures

(a) Water Supply Sources. The city has several water supply sources that it can draw upon to meet its needs. Local surface water sources include Lake Nasworthy, Twin Buttes Reservoir, O.C. Fisher Reservoir and the South Concho River. Nonlocal surface water supplies are available to the city from O.H. Ivie Reservoir and Spence Reservoir. The city has a groundwater source in the Hickory Aquifer.

When local reservoirs are full, the city’s primary water supply will be from these reservoirs along with nonlocal or groundwater sources as needed. When local reservoirs are below full but above drought trigger points, the local sources may be utilized along with water brought in from nonlocal sources or groundwater sources. During drought conditions, the primary source of supply will be nonlocal sources, subject to the maximum amount available from each source, with the remaining amount of water coming from the local sources or groundwater sources that the city may develop.

(b) Drought Trigger Point. Whenever the total amount of water available to the city falls below the minimum criteria established for each water supply stage level, the city shall be deemed to have entered a drought stage for management of its water supplies.

The water utilities director shall notify the city manager and city council upon entering the threshold of a drought stage. The council shall implement each stage by resolution. A notice of such resolution shall be published one time in the local newspaper. The

criteria for each stage and the water management measures which shall be enforced are as follows in subsections (d) to (f).

(c) Public Information. The water utilities director will provide reports to the news media with information regarding current water supply conditions, projected water supply and demand conditions if the current drought conditions continue, and consumer information on water conservation measures and practices. Information describing each water supply stage trigger point and drought level restrictions on water use shall be prepared and published on the city’s website.

(d) Water Supply Stage – Drought Level I.

(1) The minimum criteria for this drought stage shall be the following.

The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 24-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level I.

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be twice every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) Watering of “new landscape” shall be allowed in accordance with the provisions as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the “excessive usage fee” as defined in Section 11.202.


(B) For all landscape meters, except those at single family residences, schools, colleges, parks, cemeteries, golf courses or athletic facilities; an additional fee of $2.00 per 1,000 gallons shall be charged for all usage from 75,000 thru 94,000 gallons during a billing period, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 95,000 thru 114,000 gallons during a billing period, and an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 114,000 gallons during a billing period.

(e) Water Supply Stage – Drought Level II.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than an 18-month supply.

(2) In addition to the conservation measures stated in Section 11.202 of this article, the following additional water conservation measures shall be in force during Water Supply Stage – Drought Level II.

(A) The use of treated or raw city water for watering lawns, gardens, landscape areas, trees, shrubs, golf courses (except greens) or other plants being grown outdoors (not in a nursery) shall be prohibited at all times provided however a person may do such watering which shall be once every seven days during the period of April 1 through October 31 and once every 14 days during the period of November 1 through March 31 except during the “prohibited watering hours” as stated in Section 11.202.

(B) Golf courses greens may be watered daily except during the “prohibited watering hours” as stated in Section 11.202.

(C) Watering of “new landscape” shall not be allowed as stated in Section 11.202 for “new landscape.”

(3) A fee shall be charged for water usage in the amounts as set forth below.

This fee shall be in addition to the standard fee charged for water usage and in lieu of the water usage fee set out in Section 11.203(d)(3) the “excessive usage fee” as defined in Section 11.202.


(B) For all landscape meters except those at single family residences, an additional fee of $3.50 per 1,000 gallons shall be charged for all usage from 60,000 thru 79,000 gallons during a billing period, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage from

80,000 thru 99,000 gallons during a billing period, and an additional fee of $8.00` per 1,000 gallons shall be charged for all usage over 99,000 gallons during a billing period.

(f) Water Supply Stage – Drought Level III.


The total amount of water available, as determined by the water utilities director, to the city from its developed water sources is less than a 12-month supply.

(2) In addition to the water conservation measures stated in Section 11.202 of this article, the following water conservation measures shall be in force during Water Supply Stage - Drought Level III.

(A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, trees, golf courses (including greens), shrubs or other plants being grown outdoors is prohibited.

(B) The use of treated or raw city water to fill, refill or maintain the level of any fountain or swimming pool is prohibited.

(C) Washing of automobiles, trucks, trailers, boats, or other types of vehicles or mobile equipment is prohibited except if the health, safety and welfare of the public is contingent upon vehicle cleaning, as determined by the director of city health services; then the washing of such vehicles shall be allowed.

(3) A fee shall be charged for water usage in the amounts as set forth below. This fee shall be in addition to the standard fee charged for water usage and shall be in lieu of the water usage fee set out in Sections 11.203(d)(3) and 11.203(e)(3) and the “excessive usage fee” as defined in Section 11.202.

(A) For single-family residential accounts, an additional fee of $6.00 per 1,000 gallons shall be charged for all usage over 10,000 gallons during a billing period.

(B) For apartment unit accounts, an additional fee of $5.00 per 1,000 gallons shall be charged for all usage over an amount equal to the number of units in the apartment times 3,000 gallons during a billing period.

(C) For all other water users, an additional fee of $2.50 per 1,000 gallons shall be charged for all usage.

Sec. 11.204 Exception and Variance

(a) Exceptions. There shall be an exception to the prohibitions of this article regarding watering restrictions, as follows:

(1) Use of water for installing, testing and repairing sprinkler systems.

(2) Watering frequency and schedules for public parks, athletic facilities, schools, colleges and cemeteries shall be as approved by the City Council.

(b) Variance.

(1) A person desiring an exemption from any provision of this article shall file a petition for variance with the city manager. All petitions for variances shall be reviewed and acted upon by the city council. The petition shall include at a minimum the following information:

(A) Name and address of the petitioner(s).

(B) Purpose and estimated amount of water use.

(C) Specific provision(s) of the article from which the petitioner is requesting an exemption.

(D) Detailed statement as to how the specific provision of the article adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article.

(E) Description of the relief requested.

(F) Period of time for which the variance is sought.

(G) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this article and the effective date of such other measures.

(H) Other pertinent information.

(I) Statement that petitioner has not within the last six months intentionally violated the current ordinance for which a variance is sought or, if such violations have occurred, a statement setting out all reasons why such ordinance was violated.

(2) The city council may grant a variance from the requirements of this article after determining that because of special circumstances applicable to the applicant, compliance with this article:

(A) Cannot be technically accomplished during the expected duration of the water supply shortage or other condition for which the article is in effect; or

(B) Will cause undue hardship on a program or service offered by a public entity; or

(C) Substantially threatens the applicant’s primary source of income.

(3) Additionally, the city council may grant a variance from the requirements of this article if it determines that the applicant can implement alternative water use restrictions which meet or exceed the intent of this article. The city council shall approve specific alternative water use restrictions.

(4) Any variance granted by the city council may be revoked after a determination by the city council that revocation is necessary for the

public health and safety or upon a finding that the holder of a variance allowing alternative water use restrictions has not complied with such alternative restrictions.

Sec. 11.205 Implementation and Service Restrictions

(a) Implementation:

(1) The water utilities director for the city will act as the administrator of the water conservation drought contingency plan. The administrator will oversee the execution and implementation of all elements of the program. The administrator will be responsible for supervising the promulgation and retention of adequate records for program verification.

(2) The water conservation plan will be maintained for the duration of the city’s financial obligation to the state under the State Revolving Loan Fund program.

(b) Contracts With Other Political Subdivisions, Water Supply Corporations or Water Suppliers: Any political subdivision, water supply corporation, or water supplier that contracts with the city for the purchase of water shall adopt applicable provisions of the city’s water conservation and drought contingency plan. Contracts for the sale of water that are already in effect will be revised to reflect the applicable provisions of the city’s most current water conservation and drought contingency plan when the contracts are renewed.

(c) Service Restrictions: The water conservation and drought contingency plan shall be enforced by the following service restrictions:

(1) Water service taps will not be provided to customers not meeting the plan requirements.

(2) The inclining block water rate structure should encourage retrofitting of old plumbing fixtures which use large quantities of water.

(3) Customers who do not pay their water bills shall be subject to discontinuance or disconnection of service.

(4) The building inspection department will not certify new construction which fails to meet the plan requirements.

Sec. 11.206 Enforcement

(a) Violations of any provisions of the water conservation and drought contingency plan may be enforced as follows:

(1) First violation. Any person or entity as defined under this Chapter may be given a verbal or written warning.

(2) Second and subsequent violations.

(i) Violation of any provision of the water conservation and drought contingency plan constitutes a Class C misdemeanor offense for which a citation may be issued.

(ii) Second and subsequent violations shall be punishable by a maximum fine of up to two thousand dollars ($2,000.00) per day per violation as provided by Article 1.100, Section 1.106 of the Code of Ordinances of the City of San Angelo.

(iii) Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day any person or entity fails to comply with the water conservation and drought contingency plan is a separate violation.

(3) Third and subsequent violations.

For third and subsequent violations of the water conservation and drought contingency plan, the water utilities director shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued or disconnected under such circumstances shall be restored only upon payment of charges as provided for in Chapter 11, Article 11.300.

(4) Compliance with any provision of the water conservation and drought contingency plan may be enforced by civil court action as provided by state and federal law.

2) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance.

3) THAT, the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in

Section 1.106 of this Code. Each day of such violation shall constitute a separate offense. 4) THAT, this Ordinance shall be effective on, from and after the 1st day of March

2012.



CITY OF SAN ANGELO, TEXAS

ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

City of San Angelo




Subject: Agenda Item for February 7 and February 21, 2012 Council Meeting


Caption: Consideration of an Ordinance Amending Chapter 11, Article 11.200, Section 11.202 of the Code of Ordinances, City of San Angelo, Texas, entitled “Water Conservation and Drought Contingency Plan”, by adding a new sub-section that will allow hand watering; expand the definition of drip irrigation to include additional devices; and under Drought Level III, add a provision to allow watering of trees and foundations.

Summary: The proposed ordinance will amend the Water Conservation/Drought Contingency plan to add a provision which will allow hand watering grass, plants and trees and expand the definition of drip irrigation to include soaker hoses, bubbler systems, and deep root watering systems. Watering of foundations has also been added to these watering methods. Under Drought Level III, a provision has been added that will allow the Council to consider watering of trees and foundations. History: The Water Conservation/Drought Contingency Ordinance is utilized to encourage on-going conservation of water and establish a means for identifying and addressing a water supply shortage or emergency.

Financial Impact: All fees collected under this ordinance are part of watering operating revenues. Other Information/Recommendation: The proposed ordinance incorporates the addition of a hand watering provision discussed by Council on January 17, 2012. Attachments: Ordinance Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 20, 2012

AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200, SECTIONS 11.202 AND 11.203 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN”, BY REVISING SUBSECTION 11.202 (11) “DRIP IRRIGATION”; ADDING A NEW SUBSECTION 11.202 (12) ENTITLED “HAND WATERING” AND RENUMBERING THE CURRENT SUBSECTIONS 11.202 (12) THROUGH (17) TO SUBSECTIONS 11.202 (13) THROUGH (18); BY REVISING SUBSECTION 11.203 (f) WATER SUPPLY STAGE – DROUGHT LEVEL III, (2)(A) PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE.


1) THAT, Chapter 11, Article 11.200, Section 11.202 of the Code of Ordinances of the City of San Angelo, Texas is hereby amended by revising subsection (11); adding a new subsection (12) and renumbering the current subsections (12) through (17) to subsections (13) through (18) to read as follows:

Sec. 11.202 Water Conservation Measures

(11) Drip Irrigation. Landscape or foundation watering with a drip irrigation system such as a soaker hose, deep root watering system, drip pipe or tape, or bubbler shall be permitted on any day and at any time of day provided that the total amount of water applied shall not exceed 1 inch per week. For the purpose of this article, drip irrigation shall mean a water saving irrigation system designed to emit water at low volumes and low pressures directly onto or below the soil surface without airborne streams or droplets.

(12) Hand Watering. Hand watering of lawns, gardens, landscape areas, trees, shrubs or other plants being grown outdoors or foundations may be done on any day, except during the prohibited watering hours, provided the allowable application rate is not exceeded. Hand watering shall be watering with a hose that is hand held for the duration of the irrigation event, or watering with a container of five gallons or less.

2) THAT, Chapter 11, Article 11.200, Section 11.203 (f) of the Code of Ordinances of the City of San Angelo, Texas is hereby amended by revising subsection (2)(A) to read as follows:

Sec. 11.203 Drought Stages and Water Management Measures

(f) Water Supply Stage – Drought Level III

(2)(A) The use of treated or raw city water for watering of lawns, gardens, landscape areas, golf courses (including greens), shrubs or other plants being

grown outdoors is prohibited. Hand Watering or Drip Irrigation of trees and foundations may be done on days and at times as established by the City Council.

3) THAT, the following severability clause is adopted with this amendment: SEVERABILITY: That the terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. 4) THAT, the following penalty clause is adopted with this amendment: PENALTY: Any person who violates any provisions of this Article shall be guilty of a Misdemeanor and upon conviction shall be subject to a fine as provided for in Section 1.106 of this Code. Each day of such violation shall constitute a separate offense. 5) THAT, this Ordinance shall be effective on, from and after the 1st day of March 2012.



CITY OF SAN ANGELO

ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved as to Content: Approved as to Form: Will Wilde Lysia H. Bowling Water Utilities Director City Attorney

Community and Economic

Development Department

Memo Date: February 3, 2012


From: Clinton Bailey, City Engineer

Subject: Agenda item for February 7, 2012 City Council Meeting

Contact: Clinton Bailey, Engineering Services, 657-4203

Caption: Regular

Discussion of posted speed limit on Foster Road from Loop 306 Frontage Road South through Butler Farms Subdivision and any action in connection thereto

Summary: This item was requested by Councilman Alexander for consideration of changing the speed limit on Foster Road from the Loop 306 frontage road south through the Butler Farms Subdivision from 30 mph to 35 mph.

History: In late 2010, Councilman Alexander requested that Engineering Services take traffic counts on Foster Road to determine whether increasing the posted speed limit on Foster Road would be feasible. Engineering Services staff took traffic counts, performed an analysis of this area and presented their findings to the City Council during their regular meeting on June 28, 2011. After much discussion, the City Council voted 6-1 not to change the speed limit on Foster Road.

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a


n/a

Attachments: n/a

Presentation: City staff

Publication: n/a


Shawn Lewis, Director of Community and Economic Development, January 30, 2012

Approved by Legal:

Community and Economic

Development Department



From: Clinton Bailey, City Engineer

Subject: Agenda item for February 7, 2012 City Council Meeting

Contact: Clinton Bailey, Engineering Services, 657-4203

Caption: Regular

Discussion and consideration of forming a committee to study and recommend improvements on and around Gun Club Hill, including Gun Club Road and Hillside Drive.

Summary: This item was requested by Councilman Alexander for the discussion of the formation of a committee composed of members from the City, the public and special interest groups such as Hillside Drive walkers, Hillside Drive/Gun Club Road Residents, SAISD and San Angelo Road Lizards to study and make recommendations for improvements on and around Gun Club Hill, including Gun Club Road and Hillside Drive.

History: This item was initially requested by Councilman Paul Alexander and presented to the City Council during the work session at the regular meeting of the City Council on August 17, 2010. After discussion of options during the meeting the City Council gave staff direction to research and make recommendations for increased pedestrian signage around Gun Club Loop. Staff performed the appropriate research and presented options to the City Council on September 22, 2010. City Council approved signage was then erected around Gun Club Loop and remains in place to this day.

During the regular meeting of the City Council on January 17, 2012 Councilman Alexander and City Staff presented an option to construct a pedestrian pathway around the top of Gun Club Hill. The City Council voted 6-1 against pursuing construction of the proposed pathway.

Financial Impact: n/a

Related Vision Item

(if applicable):

n/a


n/a

Attachments: n/a

Presentation: City staff

Publication: n/a


Shawn Lewis, Director of Community and Economic Development, January 30, 2012

Approved by Legal:

City of San Angelo




Subject: Item for February 7, 2012 Council Meeting


Caption: Consideration of Dredging the Ivie Intake Pump Station Channel and any action in connection thereto.

Summary: The Colorado River Municipal Water District has conducted a siltation survey of the channel that leads to the Ivie pump station. Silt buildup of 5 to 9 feet was found in the channel. As a result, the lower gate in the Intake Structure cannot be used which would limit the ability to pump water from the lake. The District is preparing a dredging project to clean the silt from the channel. History: The City of San Angelo, Midland, and the District receive water from the Ivie Pipeline System that is supplied water through the intake tower. The City’s capacity in the Ivie pipeline is 27.778 percent and the City is responsible for that percentage of the cost of operation and maintenance of the system.

Financial Impact: Total project cost is estimated to be $1.5 million and the City’s share of the project cost is estimated to be $416,670. The expense will need to be budgeted from the balance of the Water Operating Fund, fund balance.. Related Vision Item (if applicable): None. Other Information/Recommendation: The silt will be removed by hydraulic dredging whereby the material would be pulverized, suctioned up, and pumped off to a disposal site. Approximately 35,000 cubic yards of material would be removed and it is anticipated the project would take 45-60 days to complete. It is recommended the City concur with the project and a budget amendment be initiated to fund the project. Attachments: None Presentation: None. Publication: None.

Reviewed by Service Area Director: Will Wilde, Water Utilities Director, January 20, 2012.

City of San Angelo


To: Mayor and Council Members

From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 02-07-12 Meeting / Regular / Downtown Pedestrian Improvement Plan

Contact: Robert Schneeman or Shawn Lewis, 657-4210

Caption:

Consideration of a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board for approval of : a. the Preliminary Downtown Pedestrian Improvement Plan concept (New

Freedom Grant/TIRZ-funded); and b. a bidding concept in which the project will ultimately be advertised with a

base bid and up to six bid alternates;

for pedestrian improvements along Chadbourne Street from the intersection with Concho Avenue north to the proposed Multimodal Transportation Facility at the intersection of North Chadbourne and 5th Street, any related budget amendments and any action in connection thereto

Summary:

The TIRZ Board at its regular meeting of January 18, 2012 approved the preliminary plans for the Downtown Pedestrian Improvement Plan and directed staff to present the plans to Council for consideration and possible approval of the overall plan concepts.

History: The TIRZ Board approved the modification of a previously approved contract with Architect Henry Schmidt to develop streetscape design guidelines for the downtown area, specifically addressing the area from Concho Avenue to Beauregard Avenue. As a result of those design guidelines, with input from the TIRZ Board, Downtown San Angelo, Inc., and City Staff, the City Engineer’s office has prepared a set of preliminary plans. These plans address not only the design guidelines prepared by Mr. Schmidt, but also the requirements included in a New Freedom Grant from TXDOT to address accessibility issues between Concho Avenue and the new multimodal transit facility now under construction at 5th street. The New Freedom Grant was applied for by and awarded to the Concho Valley Transit District. In order to receive the grant in the amount of $573,471, the City via TIRZ is required to provide matching funds in the amount of $53,128 as well as

in kind design services by the City Engineering staff valued at $90,240.

A twofold approach has been taken in developing the plans and the associated cost estimates. The guidelines prepared by Henry Schmidt include a more extensive design approach to the streetscape including curb extensions, brick pavers, landscape elements and more upscale lighting. Because the New Freedom Grant funds are only available to fund specific items such as sidewalks, curbs, wheel chair ramps, and basic street lighting, the grant money can only be used to pay for the more basic design elements. The additional cost of the more upscale items will have to be funded from other sources. However, due to the much higher cost of those items, only a significantly smaller project area can be addressed leaving the possibility that much of the grant money might be lost. As a result, staff has identified a second option wherein over much of the project area only those items identified in the grant will be addressed, thereby ensuring that the grant money goes as far as possible.

Staff has further subdivided the project into a number of alternative bid scenarios whereby dependent upon funds available and the bid amounts, the project scope can be adjusted to include either a larger or smaller project area.

Financial Impact: $2,581,500 including all alternates

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: Streetscape Plans and Cost Estimate

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:


Shawn Lewis, Director of Community & Economic Development

Approved by Legal: N/A

Base Bid Chadbourne from 5th to 3rd (N. TIRZ) 475,990.74$ Base Bid Chadbourne from 3rd to Beauregard (S. TIRZ) 236,620.44$ Base Bid Chadbourne & Concho Intersection 530,186.28$

Alt 1 Chadbourne & Twohig Intersection 489,591.78$ Alt 2 Twohig to Concho Mid-Block East Side North Part 105,174.30$ Alt 3 Twohig to Concho Mid-Block East Side South Part 77,500.50$ Alt 4 Twohig to Concho Mid-Block West Side North Part 115,538.85$ Alt 5 Twohig to Concho Mid-Block West Side South Part 75,852.00$ Alt 6 Chadbourne & Beauregard Intersection (Estimated) 475,000.00$

2,581,454.88$

Downtown Pedestrian Improvement Plan Estimated Costs

Total Project

City of San Angelo



From: Robert A. Schneeman, Development Coordinator

Subject: Agenda Item for 02/07/2012 Council Meeting

Contact: Bob Schneeman / Shawn Lewis 657-4210

Caption: Regular Agenda Item

Consideration and possible action regarding a recommendation by the Tax Increment Reinvestment Zone (TIRZ) Board to consider an ordinance approving a Project Plan and Reinvestment Zone Financing Plan for tax increment reinvestment zone number one; authorizing the city clerk to distribute such plan; containing various provisions related to the foregoing subject; providing for severability; and, providing for an effective date.

Summary: At its regular meeting of October 26, 2011 the TIRZ Board reviewed proposed changes to the TIRZ Project Plan and Reinvestment Zone Financing Plan. As a result the TIRZ Board approved the proposed changes to the Plan recommending the changes for submittal to Council and recommending approval of the plan with proposed changes as the Final Project Plan and Reinvestment Zone Financing Plan.

History: At its regular meeting of December 19, 2006, City Council approved an ordinance establishing the Tax Increment Reinvestment Zone (TIRZ #1) in North and Central San Angelo. Prior to that date the TIRZ Boundary and Preliminary Project Plan and Reinvestment Zone Financing Plan were prepared by Spillette Consulting.

Staff proposed adding a total of three parcels in the South TIRZ and one parcel in the North TIRZ to the boundary specified previously. The revised boundary map was approved by the TIRZ Board at its meetings of October 26, 2011 and November 16, 2011. The proposed changes to the Project Plan were approved by the TIRZ Board at their meeting of October 26, 2011. The proposed revisions to the TIRZ Boundary were approved by City Council at the January 3, 2012 meeting.

In accordance with Texas Tax Code Section 311.011 “(a) The board of directors of a reinvestment zone shall prepare and adopt a project plan and a reinvestment zone financing plan for the zone and submit the plans to the governing body of the municipality or county that created the zone.” and “(d) The governing body of the municipality or county that created the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board. The approval must be by ordinance, in the case of a municipality…”.

An excerpt from the Project Plan and Reinvestment Zone Financing Plan as adopted by the TIRZ Board and recommended for approval by Council is attached to this memo. The proposed changes are shown in blue along with a brief explanation of the proposed change. The Final Plan including the revised boundary exhibit (Exhibit B), the proposed changes shown above and the revised legal description is also attached hereto.

Financial Impact: Varies

Related Vision Item

(if applicable):


Staff recommends approval

Attachments: TIRZ Minutes Excerpt 10-26-2011;TIRZ Minutes Excerpt 11-16-2011; Project Plan excerpt showing revisions; Ordinance adopting Plan; Final Project Plan

Presentation: Shawn Lewis, Director of Community & Economic Development

Publication:


Shawn Lewis

Approved by Legal: 02/01/2012

TABLE OF CONTENTS Introduction ........................................................................................................................1 Criteria for Zone Creation ..............................................................................................1 Types of Assistance Needed ..........................................................................................1 The Role of Planning and Vision ...................................................................................2 Project Plan ........................................................................................................................3 Existing Uses and Conditions / Boundaries ...................................................................3 Exhibit A: Zone Boundaries ...................................................................................5 Exhibit B: Existing Land Use .................................................................................6 Exhibit C: Existing Conditions, Downtown Portion...............................................7 Exhibit C: Existing Conditions, North Bryant / North Chadbourne Portion ..........8 Exhibit D: Legal Description of the Zone...............................................................9 Municipal Ordinances ..................................................................................................15 Non-Project Costs ........................................................................................................15 Relocation ....................................................................................................................15 Reinvestment Zone Financing Plan ................................................................................16 Estimated Project Cost Description and Kind, Number, and Location of TIRZ Improvements ................................................................................................16 Economic Feasibility Study .........................................................................................18 Estimate of Bonded Indebtedness ................................................................................18 Timing of Incurring Costs or Monetary Obligation .....................................................18 Method of Financing and Sources of Revenue ............................................................18 Current Appraised Value .............................................................................................20 Estimated Captured Appraised Value ..........................................................................21 Duration of the Zone ....................................................................................................22 Appendices Appendix A: Market and Economic Feasibility Study Plan prepared by Spillette Consulting for Downtown San Angelo, Inc., and the City of San Angelo.

Exhibit A

ZONE BOUNDARIES

Comment [SL1]: This map would be replaced by the map proposed for revisions.

2

REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support the types of development and economic activity projected in the Market and Economic Feasibility Study (Appendix A) as well as contribute to the vitality and attractiveness of San Angelo as a whole. In addition, the Zone will contribute funds to reimburse appropriate parties for the costs of Zone creation and ongoing administration. The categories of project costs, totaling an estimated $18,000,000 over the life of the Zone, include the following:

1. Streetscape / sidewalks / crosswalks – Various components of the public pedestrian realm will be improved and enhanced in key locations where economic activity is limited due to deficiencies in this environment. Potential capital projects could include but are not limited to widened and rebuilt sidewalks, decorative paving, “street furniture” (benches, trash receptacles, kiosks, etc.), wayfinding (signs), landscaping, enhanced crosswalks at intersections, and pedestrian-oriented lighting. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining right of way or easements that might be required.

2. Parking – In key locations where parking is undersupplied or inadequately

distributed, thus limiting economic activity and market appeal, the Zone will assist in providing public parking facilities such as on-street spaces or off-street lots and structures. Appropriate parking management infrastructure such as meters and occupancy monitoring systems may also be installed. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining property or easements that might be required.

3. Historic façade preservationCommercial Building & Site Renovations – As

certain portions of tThe Zone does and will depend upon the aesthetic appeal of historic and traditional architecture and site planning for their much of its economic vitality. As such, the Zone will may assist owners of properties with exterior building renovations. facades If deemed historic by qualified agencies or entities, effort should be given to preserve and restore those facades to their original condition.. Other improvements to commercial sites including off street parking, landscaping, screening of outside storage, screening between incompatible uses, etc. may also be considered.

4. Roadways and traffic management – To facilitate a safe, efficient, and

appealing driving experience within and through the Zone as a prerequisite to economic growth and new development, Zone funds may contribute to improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone is anticipated to contribute mainly the

Comment [SL2]: Landscaping, while a typical streetscaping element, was inadvertently left out of this list previously.

Comment [SL3]: Staff feels like specifying historic facades is too limiting for a large TIRZ area that is made up entirely of historic buildings. Some buildings may still be worthy of renovations, but are not historic. As such, we don’t wish to limit ourselves to strictly renovating historic facades.

Comment [SL4]: We have been paying for improvements such as these, but they should be included in the Project Plan to make sure they are legitimate expenditures.

3

costs of planning, design, approvals, and obtaining right of way or easements that might be required.

5. Parks / public spaces facilities – As means to encourage additional activity,

provide area identity and improve the quality of life within zone that is essential for economic growth, the Zone can contribute to the provision and enhancements of parks and public facilities including pedestrian trails, public transit amenities, public restroom facilities and other public buildings which directly benefit the residents and businesses within the Zone. spaces. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining property or easements that might be required.

6. Utilities and drainage - In locations where water, wastewater, electric, data, and /

or drainage infrastructure is insufficient in size or too deteriorated in condition to allow new development, the Zone will assist in the provision of upgraded facilities. The Zone is anticipated to contribute the costs of planning, design, approvals, and obtaining right of way or easements that might be required, plus construction costs for some water and wastewater projects.

7. Environmental remediation / safety improvements – Many older vacant or

underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements, most notably asbestos. The Zone will may provide assistance to property owners and developers who must remediate such environmental deficiencies in order to develop or redevelop. Safety improvements related to Fire and Building Code requirements such as additional exits, sprinkler systems, fire walls, elevators, smoke detection systems, stairwell modifications, etc. may also be funded by the Zone.

8. Public Safety – In order to overcome the perception of blight and to increase the safety of the area, the Zone may pay for enhancements to public safety including items such as security cameras, specialized equipment, security lighting or other extra-ordinary public safety amenities. These funds are intended to be used primarily for capital purchases.

9. Economic Development Incentives – Due to economic vulnerability and the need to kick start economic activity within the Zone, the Zone may fund economic incentives to developers and property owners as allowed in Chapter 380 of the Texas Local Government Code.

8.10. Creation – The Zone will reimburse relevant parties for expenses related

to the costs of creating the Zone.

9.11. Administration – Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services,

Comment [SL5]: Spaces seemed too limited to open air spaces. Staff feels that this should include items like bus stops, public restroom facilities, and public buildings which directly benefit the zone.

Comment [SL6]: Again, we have been spending TIRZ funds on these improvements under this category, but staff felt like we should include verbiage in the Project Plan about Fire & Building Code-required improvements.

Comment [SL7]: This was a major oversight of the first TIRZ Project Plan. Public safety expenditures are critical to ensuring revitalization.

Comment [SL8]: This item is a catch-all that allows the TIRZ to enter into agreements with private developers for economic development purposes as long as it is in accordance with Chapter 380 of the Texas Local Government Code.

4

document production and maintenance, and other administrative costs. These costs are estimated at $15,000 - $17,500 per year for the 30-year life of the Zone.

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, OCTOBER 26, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, Mike Campbell, Bob Pfluger, Rebekah Brackin,

Craig Kinney, Nelly Perez, Roger Allen, & David Mazur ABSENT: Gerard Gallegos (AU); John Calvert (AU); David Mazur (AE);

William Dendle (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

VI. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the South TIRZ. Shawn Lewis came forward to present this request. He explained that a tax credit project is in the works and the developer discussing this with staff asked that the TIRZ boundary be expanded. By doing research, staff discovered that the project plan for the TIRZ has not been finalized, and thus, the boundaries could be expanded. The expansions proposed by staff include the location of Lowes grocery store, a vacant lot along South Oakes near Avenue D (south of the Paseo), and the new SKG facility on South Abe Street. Bob Pfluger asked how many times the boundaries could be changed. Bob Schneeman explained that this would be the finalization. However, amendments can be made in the future if the appropriate process is followed. Lee Pfluger asked what the timing would be on this. Mr. Lewis replied that it needed to be done by December. Mr. Pfluger asked if they had looked at the northern zone. Mr. Lewis replied that they had not, and Mr. Pfluger urged them to do so. Motion, to adopt the modifications to the South TIRZ as presented and to direct staff to examine possible examination of areas for modification and expansion in the North TIRZ, was made by Craig Kinney and seconded by Roger Allen. The motion passed unanimously, 7-0.

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, NOVEMBER 16, 2011 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE. PRESENT: Lee Pfluger, John Calvert, David Mazur, Bob Pfluger, Rebekah

Brackin, Mike Campbell, Roger Allen, Nelly Perez ABSENT: William Dendle (AE), Gerard Gallegos (AU), Craig Kinney (AE),

Rod Villegas (AE) STAFF: Shawn Lewis, Director of Development Services Bob Schneeman, Development Coordinator Nora Regino, Sr. Admin Assistant AJ Fawver, Planning Manager Clinton Bailey, City Engineer Blake Wilde, Project Engineer

I. Call to order, establish quorum.

The meeting was called to order at 12:00 pm. It was established that a quorum was present.

II. Public comment. The chair will call for public comment on each item on the agenda at its appropriate time. Public input on an item not on the agenda may be identified and requested for consideration by the board at this time.

There was no public comment.

III. Consideration of approving the minutes from the October 26, 2011 meeting. The minutes were deferred until the next meeting as there was a distribution issue and they were not included in the packets.

IV. Consideration and possible action regarding modifying the current TIRZ Boundary to include additional areas within the North and South TIRZ Shawn Lewis, Director of Community and Economic Development, came forward to present this item. He reminded the board that, at their October 26 meeting, they had authorized staff to make three changes to the TIRZ boundary; the first, to add a parcel of property now being built on by SKG Engineering to the southwest contiguous to the area, the second, to include Lowes grocery store on Beauregard and Main, and the third, a vacant piece of property across from Fort Concho. Mr. Lewis also reviewed that the finalization had not been completed for the TIRZ before, and that this presented an opportunity to expand the boundaries. Staff added all Hirschfeld properties into

the north TIRZ zone. Staff is asking the board members to approve a) adding the additional property identified into the north TIRZ zone, and b) shifting the dividing line between the north and south TIRZ. Motion, to include the Hirschfeld property, was made by David Mazur and seconded by Roger Allen. The motion passed unanimously, 9-0. Mr. Lewis continued his presentation, explaining that there is often confusion about the dividing line between the north and south zones. When originally drawn, the Multi-Modal facility was deliberately placed in the north zone in the TIRZ. Mr. Lewis explained that this confusion often creates problems when some property owners are in the zone and their neighbors are just outside. Staff recommends moving the dividing line to Houston Harte leaving just the Multi-Modal facility and related pedestrian amenities in the north zone. Lee Pfluger stated that there are not two zones, only one, and that this is an internal issue. There will always be issues with differences, and people need to just learn where the lines are. Johnny Calvert stated that he didn’t see this helping the situation any. David Mazur disagreed, explaining that Houston Harte is definitely a dividing line, and has always been assumed as such, and this makes it clearer. Roger Allen also liked Houston Harte as being the dividing line. Mike Campbell explained that the jog around the Multi-Modal still creates problems. Bob Pfluger said he thought moving the entire line to Houston Harte would be easier, but understood that could create some issues. Lee Pfluger said that pulling lots from one area into another (south of Houston Harte for the first few blocks) would be controversial. David Mazur explained that there are mostly warehouses. Mr. Lewis explained that the area in question is prime for redevelopment and noted that it could be strategically beneficial. There were no other comments and no action was taken.

AN ORDINANCE APPROVING A PROJECT PLAN AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER ONE; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLAN; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.


WHEREAS, pursuant to V.T.C.A., Tax Code, Chapter 311, Tax Increment Financing Act, (”Act”) the City Council of the City of San Angelo, Texas, by Ordinance adopted December 19, 2006, created a tax increment reinvestment zone named “Reinvestment Zone Number One, City of San Angelo,” (Zone) to preserve the near and long term integrity of the economic and social investment in the designated area and needed to encourage additional new projects within the designated area of the city; and, WHEREAS, pursuant to Chapter 311 of the Tax Code the Tax Increment Reinvestment Zone Board of Directors on October 26, 2011, approved a Project Plan and Reinvestment Zone Financing Plan for City Council approval; and,

WHEREAS, the Council finds that the Project Plan and Reinvestment Zone Financing

Plan approved by the Tax Increment Reinvestment Zone Board is consistent with the preliminary plans developed for the Zone before its creation, and is feasible and conforms to the master plan;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS, THAT: Section 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and to be part of this ordinance. Section 2. The Project Plan and Reinvestment Zone Financing Plan approved by the Tax Increment Financing Zone Board, a copy of which is attached to this Ordinance as Exhibit “A”, is hereby approved and adopted.

Section 3. The City Clerk is directed to provide copies of the Project Plan and Reinvestment Zone Financing Plan to each taxing unit levying ad valorem taxes in the Zone. Section 4. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, invalidity

or void finding of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Section 4. THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of , 2012, and finally PASSED, APPROVED and ADOPTED on this the day of , 2012.

CITY OF SAN ANGELO ATTEST:

Alvin New, Mayor Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Shawn Lewis Lysia H. Bowling Community and Economic Development Director City Attorney

CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE

NUMBER ONE

PRELIMINARY FINAL PROJECT PLAN AND

REINVESTMENT ZONE FINANCING PLAN

October 2006February 2012

TABLE OF CONTENTS Introduction ........................................................................................................................1 Criteria for Zone Creation ..............................................................................................1 Types of Assistance Needed ..........................................................................................1 The Role of Planning and Vision ...................................................................................2 Project Plan ........................................................................................................................3 Existing Uses and Conditions / Boundaries ...................................................................3 Exhibit A: Zone Boundaries ...................................................................................5 Exhibit B: Existing Land Use .................................................................................6 Exhibit C: Existing Conditions, Downtown Portion...............................................7 Exhibit C: Existing Conditions, North Bryant / North Chadbourne Portion ..........8 Exhibit D: Legal Description of the Zone...............................................................9 Municipal Ordinances ..................................................................................................15 Non-Project Costs ........................................................................................................15 Relocation ....................................................................................................................15 Reinvestment Zone Financing Plan ................................................................................16 Estimated Project Cost Description and Kind, Number, and Location of TIRZ Improvements ................................................................................................16 Economic Feasibility Study .........................................................................................18 Estimate of Bonded Indebtedness ................................................................................18 Timing of Incurring Costs or Monetary Obligation .....................................................18 Method of Financing and Sources of Revenue ............................................................18 Current Appraised Value .............................................................................................20 Estimated Captured Appraised Value ..........................................................................21 Duration of the Zone ....................................................................................................22 Appendices Appendix A: Market and Economic Feasibility Study Plan prepared by Spillette Consulting for Downtown San Angelo, Inc., and the City of San Angelo.

INTRODUCTION The City of San Angelo is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the “Zone”) over a portion of the city that includes the city’s downtown area and corridors to the north along two thoroughfares, North Chadbourne and North Bryant. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Some of the conditions which exist in the Zone that meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 include:

• A substantial number of substandard, slum, deteriorated, or deteriorating structures;

• The predominance of defective or inadequate sidewalk or street layout;

• Unsanitary or unsafe conditions;

• The deterioration of site or other improvements; and

• Conditions that endanger life or property by fire or other cause.

According to the language of Chapter 311, these conditions must “substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use.” Given the existing conditions in San Angelo, as outlined in the Market and Economic Study included in the Appendix to this plan, it is not feasible for new development or redevelopment to occur. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. Types of Assistance Needed The Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Changes in the structure of San Angelo’s economy and shifting market and consumer preferences have constrained overall population growth in the region. Other areas of San Angelo, and areas outside the City, have become more attractive for the location of new and expanding businesses and residential construction, while the Zone is largely left behind. However, for the stagnant and declining areas in the Zone, the study found that a reversal of fortune is possible.

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Downtown. In Downtown San Angelo, non-government commercial activity has been leaving to follow the middle class and affluent residential base toward the southwest. Sufficient market demand does not exist now, and will not likely exist in the short to middle term, to reoccupy this space for office use. In addition, many of the larger office and multi-use buildings suffer from various forms of obsolescence which are not financially feasible to remediate at the present time. Such problems include the need to abate asbestos and other now-forbidden elements which do not meet current building codes and endanger health and safety. Private developers will need financial assistance from other parties, such as the Zone, to move forward on such projects. One of the most viable economic strategies for Downtown going forward is to become more of a cultural, leisure, and tourist destination. However, to accomplish this, the public sector needs to work in combination with entrepreneurial property owners, small businesses, and cultural and civic organizations to enhance Downtown’s appeal. This will require improvements in parking, streetscapes, and pedestrian facilities, plus historic façade preservation that make the area attractive to visitors. The Zone will help set these improvements in motion. North Chadbourne. At one time a thriving gateway into central San Angelo from the fairgrounds, Coliseum area, and points north, the North Chadbourne corridor has languished as other thoroughfares became more prominent, the size and income of the surrounding residential population stagnated, and businesses closed or moved. The corridor needs an entity that can foster a vision of the “new” North Chadbourne and help implement infrastructure, roadway, streetscape, and façade improvements that will create a more distinctive identity. Such improvements will support stabilization and revitalization of the commercial businesses along the corridor, provide an opportunity to capture the unique heritage of San Angelo and its older neighborhoods, and elevate the corridor’s attractiveness as a residential location. The Role of Planning and Vision As will be shown in the Reinvestment Zone Financing Plan, the Zone is anticipated to generate approximately $18 million of incremental property tax revenue over its life. Such an amount is likely not enough for the Zone to construct major capital improvements on its own. However, the Zone can play a key role in creating a community-based vision for its different districts and corridors. While the City’s ultimate goal is to achieve physical improvements and development, a planning process that results in a unified vision is a prerequisite for the private sector to respond with new investment. The Zone can also move implementation along by funding the design and engineering of capital projects, plus help obtain any necessary right of way or easements from property owners. Other public agencies are more likely to fund construction of these projects if such matters have already been addressed.

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PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,314 acres wholly within the City of San Angelo. Its boundaries include two principal adjoining areas of the City, hereafter referred to as “Downtown” and “North Bryant / North Chadbourne.” The two areas are roughly divided by the Houston Harte Expressway (U.S. Highway 67). The “Downtown” portion of the Zone includes the mixed-use Central Business District of the City, containing the region’s densest mix of office, retail, lodging, public, institutional, and industrial uses. Several properties have more than one use on site, often mixed vertically, especially with retail space on the ground floor and other uses on upper floors. There are small areas of residential uses, off-site parking lots, and vacant land. The Downtown portion also includes a segment of the North Concho River and adjacent public open space, cultural, and recreational uses. Many of the City’s and County’s key municipal buildings are located here. The age of the land uses within the Downtown portion of the Zone varies from historic, pre-World War II buildings to modern structures. This portion of the Zone also contains Concho Avenue, where historic buildings form the infrastructure for tourism development. Other historic structures to help drive tourism are located on the south side of the Concho River near the San Angelo Museum of Fine Arts. However, many of the commercial buildings of more than 35 years old suffer from functional and / or external obsolescence, and some have need for asbestos removal if they are to be re-occupied. Vacancies in many larger structures are high, especially on upper floors. There has been little taxable new private development in the area in the last 20 years. The “North Bryant / North Chadbourne” portion of the Zone extends northward from the Houston Harte Expressway along two thoroughfares: North Bryant Boulevard (U.S. Highway 87) and North Chadbourne Street. Segments of Martin Luther King, Jr. Drive are also within the Zone. A primarily residential neighborhood in between Martin Luther King, Jr. Drive and North Chadbourne is not included in the Zone. The land uses within the North Bryant / North Chadbourne portion of the Zone are a mostly low-density mixture of retail, general commercial, and light and heavy industrial properties. Many properties are in excess of 35 years old and some are underutilized or unused altogether. Many streets within this part of the Zone are not built to current construction standards. Sidewalks are in poor condition or do not exist at all in many places. There are some residential properties in this portion of the Zone, primarily in areas immediately north of the Houston Harte Expressway and at the far north end of the Zone. There are also many properties, platted as single family lots, that are currently vacant. Large vacant tracts were also present at the far north end of the Zone as of January 2006, although some will soon be developed into new retail uses.

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The City of San Angelo has determined, at the time of the establishing the proposed boundaries of the Zone, that less than 10 percent of the overall Zone consists of residential uses. The boundaries of the Zone are shown in Exhibit A. A map of existing land uses within the Zone is attached as Exhibit B. The existing conditions within the Zone, along with the Zone boundaries, are shown in the aerial and ground photos in Exhibit C. A legal description of the Zone is given in Exhibit D.

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Exhibit A

ZONE BOUNDARIES

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Exhibit B

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Exhibit C

EXISTING CONDITIONS Downtown Portion

The Downtown portion of the Zone contains a mix of often underutilized and unrestored historic storefronts, bleak sidewalks, and partially vacant and obsolescent multistory buildings. There are also some improved cultural facilities and open spaces that provide the foundation for the future.

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Exhibit C

EXISTING CONDITIONS North Bryant / North Chadbourne Portion

The North Bryant / North Chadbourne portion of the Zone is a low-density, mostly commercial area. Older, underutilized and often deteriorated streetfront buildings sit along North Chadbourne Street while other areas have vacant uses and undeveloped land. Street and sidewalk infrastructure is poor in many places, such as around the Chicken Farm Art Center on Martin Luther King.

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Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. Non-Project Costs §311.011(b)(3) It is expected that the City, Tom Green County, TxDOT, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, nonprofit organizations and private developers may also contribute public facilities and infrastructure, and they may also undertake effort to remediate environmental and safety deficiencies on existing private properties. However, because specific capital projects have not been identified, it is premature to estimate non-project costs at the time of preparation of this Project Plan. Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone’s projects.

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REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support the types of development and economic activity projected in the Market and Economic Feasibility Study (Appendix A) as well as contribute to the vitality and attractiveness of San Angelo as a whole. In addition, the Zone will contribute funds to reimburse appropriate parties for the costs of Zone creation and ongoing administration. The categories of project costs, totaling an estimated $18,000,000 over the life of the Zone, include the following:

1. Streetscape / sidewalks / crosswalks – Various components of the public pedestrian realm will be improved and enhanced in key locations where economic activity is limited due to deficiencies in this environment. Potential capital projects could include but are not limited to widened and rebuilt sidewalks, decorative paving, “street furniture” (benches, trash receptacles, kiosks, etc.), wayfinding (signs), landscaping, enhanced crosswalks at intersections, and pedestrian-oriented lighting. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining right of way or easements that might be required.

2. Parking – In key locations where parking is undersupplied or inadequately

distributed, thus limiting economic activity and market appeal, the Zone will assist in providing public parking facilities such as on-street spaces or off-street lots and structures. Appropriate parking management infrastructure such as meters and occupancy monitoring systems may also be installed. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining property or easements that might be required.

3. Historic façade preservationCommercial Building & Site Renovations – As

certain portions of tThe Zone does and will depend upon the aesthetic appeal of historic and traditional architecture and site planning for their much of its economic vitality. As such, the Zone will may assist owners of properties with exterior building renovations. facades If deemed historic by qualified agencies or entities, effort should be given to preserve and restore those facades to their original condition.. Other improvements to commercial sites including off street parking, landscaping, screening of outside storage, screening between incompatible uses, etc. may also be considered.

4. Roadways and traffic management – To facilitate a safe, efficient, and

appealing driving experience within and through the Zone as a prerequisite to economic growth and new development, Zone funds may contribute to improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone is anticipated to contribute mainly the

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costs of planning, design, approvals, and obtaining right of way or easements that might be required.

5. Parks / public spaces facilities – As means to encourage additional activity,

provide area identity and improve the quality of life within zone that is essential for economic growth, the Zone can contribute to the provision and enhancements of parks and public facilities including pedestrian trails, public transit amenities and public buildings which directly benefit the residents and businesses within the Zone. spaces. The Zone is anticipated to contribute mainly the costs of planning, design, approvals, and obtaining property or easements that might be required.

6. Utilities and drainage - In locations where water, wastewater, electric, data, and /

or drainage infrastructure is insufficient in size or too deteriorated in condition to allow new development, the Zone will assist in the provision of upgraded facilities. The Zone is anticipated to contribute the costs of planning, design, approvals, and obtaining right of way or easements that might be required, plus construction costs for some water and wastewater projects.

7. Environmental remediation / safety improvements – Many older vacant or

underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements, most notably asbestos. The Zone will may provide assistance to property owners and developers who must remediate such environmental deficiencies in order to develop or redevelop. Safety improvements related to Fire and Building Code requirements such as additional exits, sprinkler systems, fire walls, elevators, smoke detection systems, stairwell modifications, etc. may also be funded by the Zone.

8. Public Safety – In order to overcome the perception of blight and to increase the safety of the area, the Zone may pay for enhancements to public safety including items such as security cameras, specialized equipment, security lighting or other extra-ordinary public safety amenities. These funds are intended to be used primarily for capital purchases.

9. Economic Development Incentives – Due to economic vulnerability and the need to kick start economic activity within the Zone, the Zone may fund economic incentives to developers and property owners as allowed in Chapter 380 of the Texas Local Government Code.

8.10. Creation – The Zone will reimburse relevant parties for expenses related

to the costs of creating the Zone.

9.11. Administration – Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $15,000 - $17,500 per year for the 30-year life of the Zone.

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The Project Costs are estimated as follows:

Streetscape / sidewalks / crosswalks $ 5,500,000 Parking 3,500,000 Historic façade improvement 500,000 Roadways and traffic management 1,000,000 Parks / public spaces 3,000,000 Utilities / drainage 1,000,000 Environmental remediation / safety improvements 2,950,000 Creation 50,000 Administration 500,000 TOTAL $ 18,000,000

The various types of projects may be implemented in any location within the Zone where the Zone’s Board of Directors determines that doing so will enable desired private development. It should be noted that certain areas are likely to be a particular focus for certain types of projects, however. As an example, the North Chadbourne corridor from Houston Harte Expressway to the northern boundary of the Zone will likely be the focus of streetscape, sidewalk, and roadway improvements.

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Economic Feasibility Study §311.011(c)(3) A Market and Economic Feasibility Study for the Zone was completed by CDS Market Research in June 2006. It is included in the Appendix to this Plan. Estimate of Bonded Indebtedness §311.011(c)(4) As the Zone is not expected to directly fund the construction of significant capital improvements, it is not anticipated that it will issue bonded debt. The Zone’s projects will be funded on a pay-as-you-go basis. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a primarily pay-as-you-go project expenditure approach. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will take a primarily pay-as-you-go approach to financing projects that could utilize the following approaches:

• Cash funds generated from existing property value increment,

• Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and

• Developer cash reimbursement agreements where the revenues from the Zone’s

property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed.

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Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of San Angelo and Tom Green County on the taxable property value increment within the Zone. It is currently projected that the City and County will agree to participate in funding the Zone with 100% of the incremental property taxes collected over the life of the Zone. Based upon 2005 tax rates for each jurisdiction, the incremental property tax revenue contributed to the Zone is projected as follows:

Tax Increment Value ($) Property Tax Revenue ($)1 Year City County City County Total 2007 17,271,268 17,272,037 144,716 88,501 233,217 2008 18,297,431 18,298,972 153,314 93,763 247,077 2009 20,266,112 20,268,430 169,810 103,854 273,664 2010 26,115,645 26,118,743 218,823 133,831 352,654 2011 26,581,450 26,585,331 222,726 136,221 358,947 2012 27,080,008 27,084,678 226,903 138,780 365,683 2013 28,974,347 28,979,809 242,776 148,491 391,267 2014 29,477,267 29,483,525 246,990 151,072 398,062 2015 29,940,849 29,947,907 250,874 153,451 404,325 2016 30,448,175 30,456,036 255,125 156,055 411,180 2017 30,872,185 30,880,854 258,678 158,231 416,909 2018 36,397,661 36,407,142 304,976 186,548 491,524 2019 40,417,446 40,427,744 338,658 207,149 545,807 2020 40,866,081 40,877,198 342,417 209,452 551,869 2021 43,792,808 43,804,750 366,940 224,452 591,392 2022 46,507,465 46,520,236 389,686 238,366 628,052 2023 48,420,836 48,434,439 405,718 248,175 653,893 2024 48,956,457 48,970,897 410,206 250,923 661,130 2025 49,439,757 49,455,037 414,256 253,404 667,660 2026 55,955,529 55,971,654 468,851 286,795 755,646 2027 58,759,924 58,776,898 492,349 301,169 793,518 2028 62,143,621 62,161,449 520,701 318,511 839,212 2029 62,659,604 62,678,290 525,025 321,159 846,184 2030 63,233,168 63,252,716 529,831 324,102 853,933 2031 63,925,449 63,945,864 535,631 327,654 863,285 2032 64,449,488 64,470,773 540,022 330,344 870,366 2033 65,031,147 65,053,307 544,896 333,329 878,225 2034 65,560,714 65,583,753 549,333 336,047 885,380 2035 66,092,929 66,116,852 553,793 338,778 892,571 2036 66,627,805 66,652,616 558,274 341,523 899,798 TOTAL 11,182,300 6,840,129 18,022,429

These revenue projections assume a 98% tax collection rate for both the City and County.

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Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to:

• Grants from other local, state, and federal agencies;

• Grants from private entities such as foundations; and

• Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects.

Current Appraised Value §311.011(c)(7) The current certified taxable appraised value for the base year of the Zone, 2006, is $116,172,276 for the City of San Angelo and $116,145,001 for Tom Green County. The difference in base year taxable values results from differences in exemptions and property tax ceilings associated with particular properties within the Zone.

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Estimated Captured Appraised Value §311.011(c)(8) The tables below provide the projected schedule of taxable value increment captured by the Zone over its proposed 30-year duration. Due to differences in policies regarding exemptions and property tax ceiling levels, the captured increment differs for the City of San Angelo and Tom Green County. Therefore, there is a table shown for each jurisdiction. Captured value projections assume a 0.5% annual value appreciation rate for existing development.

Captured Appraised Value - City of San Angelo

Tax Downtown ($) North / Chadbourne ($) Total TIRZ ($) Year Value Increment Value Increment Value Increment 2006 80,189,629 - 35,982,647 - 116,172,276 - 2007 80,722,577 532,948 52,720,967 16,738,320 133,443,544 17,271,268 2008 81,236,190 1,046,561 53,233,517 17,250,870 134,469,707 18,297,431 2009 81,697,371 1,507,742 54,741,017 18,758,370 136,438,388 20,266,112 2010 82,160,858 1,971,229 60,127,063 24,144,416 142,287,921 26,115,645 2011 82,626,662 2,437,033 60,127,063 24,144,416 142,753,726 26,581,450 2012 83,039,795 2,850,166 60,212,488 24,229,841 143,252,284 27,080,008 2013 83,498,994 3,309,365 61,647,628 25,664,981 145,146,623 28,974,347 2014 83,916,489 3,726,860 61,733,053 25,750,406 145,649,543 29,477,267 2015 84,380,072 4,190,443 61,733,053 25,750,406 146,113,125 29,940,849 2016 84,801,972 4,612,343 61,818,478 25,835,831 146,620,451 30,448,175 2017 85,225,982 5,036,353 61,818,478 25,835,831 147,044,461 30,872,185 2018 85,707,112 5,517,483 66,862,825 30,880,178 152,569,937 36,397,661 2019 89,726,898 9,537,269 66,862,825 30,880,178 156,589,722 40,417,446 2020 90,175,532 9,985,903 66,862,825 30,880,178 157,038,357 40,866,081 2021 92,931,410 12,741,781 67,033,675 31,051,028 159,965,084 43,792,808 2022 95,646,067 15,456,438 67,033,675 31,051,028 162,679,741 46,507,465 2023 96,124,297 15,934,668 68,468,815 32,486,168 164,593,112 48,420,836 2024 96,659,919 16,470,290 68,468,815 32,486,168 165,128,733 48,956,457 2025 97,143,218 16,953,589 68,468,815 32,486,168 165,612,033 49,439,757 2026 99,878,934 19,689,305 72,248,871 36,266,224 172,127,805 55,955,529 2027 102,683,329 22,493,700 72,248,871 36,266,224 174,932,200 58,759,924 2028 103,196,746 23,007,117 75,119,151 39,136,504 178,315,897 62,143,621 2029 103,712,729 23,523,100 75,119,151 39,136,504 178,831,880 62,659,604 2030 104,286,293 24,096,664 75,119,151 39,136,504 179,405,444 63,233,168 2031 104,807,724 24,618,095 75,290,001 39,307,354 180,097,725 63,925,449 2032 105,331,763 25,142,134 75,290,001 39,307,354 180,621,764 64,449,488 2033 105,913,422 25,723,793 75,290,001 39,307,354 181,203,423 65,031,147 2034 106,442,989 26,253,360 75,290,001 39,307,354 181,732,990 65,560,714 2035 106,975,204 26,785,575 75,290,001 39,307,354 182,265,205 66,092,929 2036 107,510,080 27,320,451 75,290,001 39,307,354 182,800,081 66,627,805

43

Captured Appraised Value – Tom Green County

Tax Downtown ($) North / Chadbourne ($) Total TIRZ ($) Year Value Increment Value Increment Value Increment 2006 80,343,356 - 35,801,645 - 116,145,001 - 2007 80,877,073 533,717 52,539,965 16,738,320 133,417,038 17,272,037 2008 81,391,458 1,048,102 53,052,515 17,250,870 134,443,973 18,298,972 2009 81,853,415 1,510,059 54,560,015 18,758,370 136,413,431 20,268,430 2010 82,317,683 1,974,327 59,946,061 24,144,416 142,263,744 26,118,743 2011 82,784,271 2,440,915 59,946,061 24,144,416 142,730,332 26,585,331 2012 83,198,192 2,854,836 60,031,486 24,229,841 143,229,679 27,084,678 2013 83,658,183 3,314,827 61,466,626 25,664,981 145,124,810 28,979,809 2014 84,076,474 3,733,118 61,552,051 25,750,406 145,628,526 29,483,525 2015 84,540,857 4,197,501 61,552,051 25,750,406 146,092,908 29,947,907 2016 84,963,561 4,620,205 61,637,476 25,835,831 146,601,037 30,456,036 2017 85,388,379 5,045,023 61,637,476 25,835,831 147,025,855 30,880,854 2018 85,870,321 5,526,965 66,681,823 30,880,178 152,552,143 36,407,142 2019 89,890,922 9,547,566 66,681,823 30,880,178 156,572,745 40,427,744 2020 90,340,377 9,997,021 66,681,823 30,880,178 157,022,199 40,877,198 2021 93,097,079 12,753,723 66,852,673 31,051,028 159,949,751 43,804,750 2022 95,812,564 15,469,208 66,852,673 31,051,028 162,665,237 46,520,236 2023 96,291,627 15,948,271 68,287,813 32,486,168 164,579,440 48,434,439 2024 96,828,085 16,484,729 68,287,813 32,486,168 165,115,898 48,970,897 2025 97,312,225 16,968,869 68,287,813 32,486,168 165,600,038 49,455,037 2026 100,048,787 19,705,431 72,067,869 36,266,224 172,116,655 55,971,654 2027 102,854,030 22,510,674 72,067,869 36,266,224 174,921,899 58,776,898 2028 103,368,301 23,024,945 74,938,149 39,136,504 178,306,450 62,161,449 2029 103,885,142 23,541,786 74,938,149 39,136,504 178,823,291 62,678,290 2030 104,459,568 24,116,212 74,938,149 39,136,504 179,397,717 63,252,716 2031 104,981,866 24,638,510 75,108,999 39,307,354 180,090,865 63,945,864 2032 105,506,775 25,163,419 75,108,999 39,307,354 180,615,774 64,470,773 2033 106,089,309 25,745,953 75,108,999 39,307,354 181,198,308 65,053,307 2034 106,619,755 26,276,399 75,108,999 39,307,354 181,728,754 65,583,753 2035 107,152,854 26,809,498 75,108,999 39,307,354 182,261,853 66,116,852 2036 107,688,618 27,345,262 75,108,999 39,307,354 182,797,617 66,652,616

Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is thirty years from the time of its creation. Assuming creation in 2006, the Zone would expire in 2036.

City of San Angelo



From: Alicia Ramirez, City Clerk


Contact: Alicia Ramirez, City Clerk Al Torres, Building Official, 657-4420 Harold Dominguez, City Manager, 657-4240 Shawn Lewis, Community and Economic Development Director

Caption: Regular Item

Consideration of various at-large nominations by Council:

a. Construction Board b. Downtown Development Commission c. Tax Increment Reinvestment Zone

Summary: The following member’s term will expire or has expired. The ‘at-large’ appointments are listed below.

Please note the vacancies listed below and membership requirement notes. With the exception of the Construction board, we do not have pending applications for these boards.

1) Construction Board of Appeals

This board contains 9 appointees and the two additional memberships shall be approved as “at large” by the entire Council.

• Royce Burrows (Commercial Business representative) is not eligible to serve another term. Please see attached application for Bill Feist.

• Marty Self (Residential Homeowner representative) is eligible & willing to serving another term

2) Downtown Development Commission

All appointments on this board are “at large” and are approved by the entire Council.

All current members are eligible & willing to serve another term.

• Gary Cox • Sharon Rainey • Jim Raymond

3) Tax Increment Investment Zone

All appointments on this board are “at large” and are approved by the entire Council.

All current members are eligible & willing to serve another term.

• Johnny Calvert • Craig Kinney • David Mazur • Nelly Perez

History: N/A

Financial Impact: N/A

Related Vision Item

(if applicable):


Staff seeks nominations and approval of appointments.

Attachments: Applications

Presentation: Alicia Ramirez, City Clerk

Publication: N/A


City Manager Harold Dominguez

Approved by Legal: City Attorney Lysia H. Bowling

february 7, 2012 agenda packet

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