city council june 7, 2011 agenda packet

City Council Agenda of 6 June 7, 2011

NOTICE OF A PUBLIC MEETING

AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL THE CITY OF SAN ANGELO, TEXAS

9:00 A.M. - Tuesday, June 7, 2011 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 6:30 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. 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 City Council May 12, 2011 Special and May 17, 2011 Regular meeting minutes

2. Consideration of awarding bid WU-05-11 for Power Distribution Equipment to Cain Electrical Supply (San Angelo, TX) in the amount of $270,013.00 and authorizing the City Manager or his designee to execute any necessary related documents

3. Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for the City Hall Complex from TCPN (The Cooperative Purchasing Network) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents

4. Consideration of authorizing Amendment #3 to the Killis Almond Architects Professional Services Contract Scope of Work in the amount of $334,500.00 for the design of the Auditorium expansion & rehabilitation and authorizing the City Manager or his designee to negotiate a contract and execute said contract and any related documents

5. Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services, based on the recommendation of the Upper Colorado River Authority, the City’s contracted project oversight agent of the project, in the amount of $57,700 for the North Concho River Project and authorizing the City Manager to execute said agreement


6. Consideration of approving a residential lease renewal for property located on Lot 4, Group 2, 1814 Cove Road (Williams) and authorizing the Mayor, City Manager, or Water Utilities Director to execute said lease renewal

7. Consideration of Tax Increment Reinvestment Zone Board’s recommendation to increase the required funding match for the New Freedom Grant in the downtown area by $24,676 due to the ineligibility of Transportation Development Credits (TDCs) originally proposed to be used as credits against this project

8. Consideration of Tax Increment Reinvestment Zone (TIRZ) Board’s recommendation to revise the downtown portion of the TIRZ incentive policy as follows: limit asbestos abatement incentive to 50% of total cost of abatement the TIRZ contribution not to exceed $15,000 per project; provide for a case by case consideration by the Board of larger projects; and delete all references to per square foot and / or per linear foot incentives; add a new incentive for fire sprinkler and monitored smoke alarm systems, the total incentive to be 50% of the cost of the system, the TIRZ contribution not to exceed $5,000 per project

9. Consideration of approving variances to the City Code for the Drag Boat Races which will be held on June 24 through June 26, 2010 at Lake Nasworthy

10. Consideration of accepting a 5.501 acre tract from AEP Texas North Company and authorizing the City Manager to negotiate and execute all documents associated with the property transfer Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an agreement establishing the terms and conditions for the City’s acceptance of the donation of 5.501 acres of real property located adjacent to the municipal Water Treatment Plant by special Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, from AEP Texas North Company as grantor, and related documents

11. Second Hearing and consideration of adoption of an Ordinance amending Article 5.902 of the City of San Angelo Code of Ordinances related to the maximum number of garage sales held by an owner of property

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

12. Second Hearing and consideration of adoption of an Ordinance amending the 2010-2011 Budget for grants, capital projects and incomplete projects

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS

III. REGULAR AGENDA:

D. 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 551.087 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

E. PUBLIC HEARING AND COMMENT

13. Consideration of adopting an Ordinance authorizing the issuance and sale of City of San Angelo, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2011A, for capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design

Addendum


of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; levying an annual ad valorem tax and providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject

(Presentation by Finance Director Michael Dane)

14. Consideration of adopting an Resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation for water system projects including groundwater production facilities and collection, treatment, storage and transmission facilities


15. Consider adoption of a Resolution expressing official intent to reimburse costs of water system improvement projects including groundwater production facilities and collection, treatment, storage and transmission facilities


16. Consideration of adopting a Resolution expressing official intent to reimburse costs of municipal capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport


17. Consider adoption of a Resolution approving and authorizing the execution and delivery of a service contract with the City of San Angelo Development Corporation relating to the City issuing certificates of obligation to provide funds for public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; approving the expenditure of funds by the Corporation to pay costs related to such projects, including debt service on the certificates of obligation; and containing other provisions related thereto


18. First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for programs, capital projects and incomplete projects

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS


19. Discussion of 2011-2016 Capital Improvement Plan


20. Consideration of adopting a Resolution by the San Angelo City Council accepting funds from the Texas Department of Transportation (TxDOT), Transportation Enhancement Program; authorizing the City Manager or his designee to execute an Advance Funding Agreement with TxDOT for a Transportation Enhancement (TE) Project described as Red Arroyo Shared-Use Pathway that provides


for the division of costs and responsibilities associated with the design and construction of the project; and, authorizing City to provide local matching funds

(Presentation by Transportation Planner Doray Hill, Jr.)

21. First Public Hearing and consideration of introduction of an Ordinance annexing approximately 200 acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and an approximately 0.34-mile segment of right-of-way for Red Bluff Road

AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFORE; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE

(Presentation by Planning Manager AJ Fawver)

22. First Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2011 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and deliberation on funding allocations for said funds

(Presentation by Neighborhood and Family Services Director Bob Salas)

23. 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 11-05: Sandra and George Rodriguez

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: three vacant lots facing south side of 2800 block of Houston Street and situated 100-250 feet west from North Garfield Street in west central San Angelo, changing the zoning classification from Single-Family Residence (RS-1) to an Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY



Z 11-06: San Angelo Planning Commission

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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification


from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY




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: area bounded generally by the North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY


26. First public hearing and consideration of introduction of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX, RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Parks and Recreation Director Carl White)

27. First public hearing and introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Articles 9.100 and 6.300 of the City of San Angelo Code of Ordinances related to rules and regulations governing the use of the waters of and of City-owned and -managed property adjacent to Lake Nasworthy and Twin Buttes Reservoir

AN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE 9.100, OF THE SAN ANGELO CODE OF ORDINANCES, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; ADOPTING A RESTATED ARTICLE 9.100 ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; PROVIDING FOR RULES AND REGULATIONS FOR THE GOVERNANCE OF THE WATERS OF LAKE NASWORTHY AND THE USE OF THE SHORE LINES THEREOF AND OF CITY OWNED PROPERTY ADJACENT THERETO, AND THE USE OF THE WATERS AND LAND OF TWIN BUTTES RESERVOIR OWNED OR CONTROLLED BY THE CITY, AND OTHER LAND OR WATERS OWNED OR CONTROLLED BY THE CITY, WHETHER WITHIN OR OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO; REPEALING AND REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING A RESTATED ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDING FOR A PENALTY FOR VIOLATION OF ANY PROVISION OF ARTICLE 9.100, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, OR


9.200, ENTITLED “PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING ARTICLE 6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED ARTICLE 6.000 ENTITLED “PARK USER FEES” PROVIDING FOR FEES PAID FOR LOT LEASES, ANNUAL RENT TRANSFER FEES, GRANTING FEES, ANNUAL RENT, RENT ESCALATION, LATE FEES, CAMPSITE FEES, AND ENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Parks and Recreation Director Carl White)

28. First Public Hearing and consideration of introduction of an Ordinance amending the Animal Services Advisory Committee residency requirement

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE

(Presentation by Health Services Manager Sandra Villarreal)

29. Consideration of a request for support for the Keep San Angelo Beautiful 2011 Great American Cleanup, including, but not limited to, waiving landfill fees

(Presentation by Code Compliance Manager James Flores)

30. Consideration of establishing a gas recycling program at the City landfill and any action in connection thereto

(Presentation by Assistant City Manager Elizabeth Grindstaff)

F. FOLLOW UP AND ADMINISTRATIVE ISSUES

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

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

a. Public Art Commission: John Mattson (SMD4) to a 1st full term April 2013

33. Consideration of Future Agenda Items

34. Adjournment

Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter 551, Wednesday, June 1, 2011, at 5:30 P.M.

/s/________________________ Alicia Ramirez, City Clerk

CITY COUNCIL MINUTE RECORD The City of San Angelo Page 671 Tuesday, May 12, 2011 Vol. 102 OPEN SESSION BE IT REMEMBERED City Council convened in a special meeting at 1:06 P.M., Tuesday, May 12, 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, with the exception of Councilmember Silvas, thus constituting a quorum. Whereupon, the following business was transacted:

An invocation was given by Councilmember Morrison and pledge was led by Jonathan Sharp, grandson of Councilmember Farmer.

SPECIAL AGENDA: PUBLIC HEARING AND COMMENT

ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FINANCING AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD (TWDB) FOR A $120,000,000 LOAN FOR THE HICKORY WATER SUPPLY PROJECT (ANNEX A, PAGE 673, ORDINANCE #2011-05-051R)

City Manager Harold Dominguez, Finance Director Michael Dane, and Specialized Public Financing President and Financial Advisor Vince Vialle presented background information.

General discussion was held on the political and regional aspect of developing a regional water supply, water capacity forecast, utilization of the Hickory Aquifer, pumping capacity, users of the aquifer, permitted water allocation, concerns of using ground versus surface water, available water supply, and safeguards in place to protect local and regional users of the water sources.

Motion, to adopt the Resolution, as presented, was made by Councilmember Adams and seconded by Councilmember Hirschfeld.

Public comments were made by citizens Robert Baker and Rich DeRobles.

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

ADJOURNMENT

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

Minutes Vol. 102 May 12, 2011 The meeting adjourned at 2:04 P.M.

THE CITY OF SAN ANGELO ___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annex A 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 COUNCIL MINUTE RECORD The City of San Angelo Page 1 Tuesday, May 17, 2011 Vol. 102

OPEN SESSION BE IT REMEMBERED City Council convened in a regular meeting at 9:00 A.M., Tuesday, May 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 Karen McGinnis of Unitarian Universalist and pledge was led by Aidan Kendrick, 2nd Grader at TLC Academy and son of Bryan Kendrick, Budget Analyst in the Finance Department.

PROCLAMATION AND RECOGNITIONS

“Building Safety Month, May 2011,” was accepted by Al Torres, Building Official for the City of San Angelo and Dan Vardeman, Fire Marshal

Rio Vista Neighborhood Blitz Partners: Habitat for Humanity, West Texas Organizing Strategy, Angelo State University, St Mary’s Catholic Church, and Segundo Iglesia Bautista; and Team Leaders

Employees providing assistance on the Wildcat Fire: Operations Administration: Ricky Dickson and Shane Kelton; Lake Operations: James Alley, Jason Franco, Patrick Lawhon; Parks Department: Dennis Arhelger, Jason Campbell, Stephen Conley, John Francis, Rodney Halfmann, Roger Havlak, Sean McCallum, and Gilbert Pedroza; Street & Bridge: Gary Ayers, Edward Bara, Ismael Flores, Narciso Garcia, Alfredo Garivay, Joe Gomez, Antonio Gonzales, Roberto Heredia, Jesus Hernandez, David Jones, Bobby Keesee, Manuel Martinez, Antonio Mendoza, Manuel Pineda, Raul Rojas; Storm Water Department: Jake Alberts, Cody Blaylock, Arthur Gonzales, Jason (Kelly) Haines, Fidel Hernandez, Douglas Kirkham, and Abel Villarreal; Lorenzo Rubio, and Joe Lee Ynojosa; Traffic Department: Mark Clifton, Ike Eisenbach, Roy Torres; Vehicle Maintenance: Kevin Buck, Adam Cervantes, Gabriel Esquivel, Patrick Frerich, William Hamilton, Reynald Manuel, Freddy Marcilliotte, Chris Pippin, and John Tucei

PUBLIC COMMENT

Councilmember Silvas commented on partnering with TxDOT on painting bridges. He also encouraged further marketing and recruiting of events held at the Bill Aylor Riverstage.

Councilmember Alexander commented on the various complaints she received regarding the Texas Department of Transportation Loop 306 road resurfacing project, signage, and blocked ramps.

CONSENT AGENDA

APPROVAL OF THE MAY 3, 2011 CITY COUNCIL REGULAR MEETING MINUTES

Minutes Vol. 102 May 17, 2011 ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TAX DEED AUTHORIZING THE SALE OF A TAX LOT NEXT TO 3502 CLARK DRIVE, (MORALES), LOT 15, BLOCK 2, CLAR-MOR HEIGHTS ADDITION, IN THE AMOUNT OF $2,600, SUIT NO. B-007-0210-T (ANNEX A, PAGE , ORDINANCE #2011-05-0??)

AUTHORIZATION FOR THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO TASK ORDER NO. 12, AND ALL RELATED DOCUMENTS, BETWEEN THE CITY OF SAN ANGELO AND KSA ENGINEERS FOR ARCHITECTURAL/ENGINEERING SERVICES IN THE AMOUNT OF $55,833.00 AT SAN ANGELO REGIONAL AIRPORT AUTHORIZATION FOR THE CITY OF SAN ANGELO TO APPLY FOR THE U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT IN THE AMOUNT OF $1,250,639.00 AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE ANY RELATED GRANT DOCUMENTS APPROVAL OF A RECOMMENDATION BY THE CITY OF SAN ANGELO DEVELOPMENT CORPORATION (COSADC) AUTHORIZING THE CITY MANAGER TO NEGOTIATE TERMS OF A PROFESSIONAL SERVICES AGREEMENT WITH CASABELLA ARCHITECTS FOR DESIGN AND CONSTRUCTION OVERSIGHT OF THE BUSINESS RESOURCE CENTER, AND AUTHORIZATION FOR THE PRESIDENT OF COSADC TO SIGN THE AGREEMENT ON BEHALF OF THE CORPORATION APPROVAL OF A PROPOSED UTILITY EASEMENT BY AEP TEXAS NORTH COMPANY FOR UNDERGROUND ELECTRICAL LINES AND EQUIPMENT AT NEW FIRE STATION #5 ACCEPTANCE OF DONATIONS IN THE AMOUNT OF $222,000.00 FOR DEVELOPMENT ENHANCEMENTS FOR PRODUCERS PARK AND AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER FOR THE PROJECT UP TO $222,000.00 Motion, to approve the Consent Agenda, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer. Motion carried unanimously.

REGULAR AGENDA: PUBLIC HEARING AND COMMENT

SECOND HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 2.2000 OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO ACCEPTING CREDIT CARD PAYMENTS AND PROVIDING FOR A PROCESSING FEE (ANNEX B, PAGE , ORDINANCE #2011-05-0??)

AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE 2.2000, MUNICIPAL COURT FEES, BY ADDING SECTION 2.2007 AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS AS PAYMENT FOR FEES, FINES, COURT COST, OR OTHER CHARGE ON BEHALF OF THE CITY, PROVIDING FOR A PROCESSING FEE, PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE Judge Gilbert presented background information and explained the credit card processing fee and associated costs. Motion, to adopt Ordinance, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld. Motion carried unanimously.

SPECIAL AGENDA

ADMINISTRATION OF OATHS OF OFFICE FOR MAYOR, SINGLE MEMBER DISTRICT REPRESENTATIVES 2, 4, AND 6, AND PRESENTATION OF CERTIFICATES OF ELECTION

Minutes Page 3 Date, 2011 Vol. 102 City Clerk Alicia Ramirez administered the Oath of Office and Mayor New presented the Certificates of Election.

APPOINTMENT OF MAYOR PRO-TEMPORE FOR THE 2011-12 CITY COUNCIL

Motion, to appoint Councilmember Farmer as Mayor Pro-Tempore, was made by Councilmember Alexander and seconded by Mayor New. Motion carried unanimously.

PRESENTATION OF THE 1ST QUARTER 2011 REPORT BY DOWNTOWN SAN ANGELO, INC. DSA President Brenda Gunter presented background information. A copy of the presentation is part of the Permanent Supplemental Record. General discussion was held on the negative impacts of the illegal trash dumping, discarded cigarette butts, and additional trash receptacles required within the downtown area.

Mayor New requested the group provide an update on the economic impact for the downtown area before and after the adoption of the smoking ban.

RECESS

At 10:08 A.M., Mayor New called a recess.

RECONVENE

At 10:23 A.M., Council reconvened, and the following business was transacted:

SECOND PUBLIC 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 , ORDINANCE #2011-05-0??)

Z 11-04: Sherri and John Jones, Jr. 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: 6005-6007 Knickerbocker Road at southwest corner of Red Bluff and Knickerbocker Roads, specifically on Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, changing the zoning classification from Neighborhood Commercial (CN) to General Commercial (CG) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Public comment was made by Citizen Minnie Holman. Discussion was held on the installation of a traffic signal and the study required warranting such an installation. Motion, to adopt the Ordinance, as presented, was made by Councilmember Hirschfeld and seconded by Councilmember Alexander. AYE: New, Alexander, Silvas, Adams, and Hirschfeld. NAY: Morrison and Farmer. Motion carried 5-2. TIE VOTE ON THE APPEAL FROM PLANNING COMMISSION’S DECISION ON APRIL 18, 2011 TO DENY REQUESTED VARIANCE FROM RESTRICTIONS ON WHERE OFF-SITE SIGNS (A.K.A. BILLBOARDS) ARE ALLOWED IN CG AND CG/CH ZONING DISTRICTS, TO PERMIT A SINGLE SUCH SIGN AT 1003-1011 CADDO STREET (EASTBOUND FRONTAGE ROAD FOR HOUSTON HARTE EXPRESSWAY) AT ITS INTERSECTION WITH NORTH PARK STREET, SPECIFICALLY ON LOTS 1 THRU 3 IN BLOCK 57 OF ANGELO HEIGHTS ADDITION TO SAN ANGELO

Minutes Vol. 102 May 17, 2011 Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to reverse the Planning Commission’s previous action to deny the variance, as presented, was made by Councilmember Morrison and seconded by Councilmember Alexander. Councilmember Silvas recused himself from the vote. Councilmember Adams commented on the safety risk issues related to drivers. Public comments were made by Proponent Dan O’Bryan and property owner Andrew Way. A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Farmer NAY: New, Adams, and Hirschfeld. Motion tied. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING ARTICLE 5.902 OF THE CITY OF SAN ANGELO CODE OF ORDINANCES RELATED TO THE MAXIMUM NUMBER OF GARAGE SALES HELD BY AN OWNER OF PROPERTY AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER THREE (3); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE The item was requested by Councilmember Morrison. Discussion was held on adding the word “reporting” to the annual limit number of garage sales and the possible concerns which could be raised by adding such wording. Motion, to introduce the Ordinance changing the allowable annual number of garage sales from 2 to 4 per year per resident, was made by Councilmember Morrison and seconded by Councilmember Silvas. Public comments were made by Citizens Jim Turner and John Bariou. A vote was taken on the motion on the floor. AYE: Morrison and Silvas. NAY: New, Alexander, Adams, Hirschfeld, and Farmer. Motion failed 2-5. Motion, to set the annual number limit to three (3), was made by Councilmember Adams and seconded by Councilmember Silvas. AYE: Morrison, Silvas, Adams, and Hirschfeld. NAY: New, Alexander and Farmer. Motion carried 4-3. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE TO REPEAL ARTICLE 1.1000, SECTION 1.1002 RELATED TO RECONSIDERATION OF AN ORDINANCE BY CITY COUNCIL AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.1000 ENTITLED “ORDINANCES”, BY REPEALING SECTION 1.1002 ENTITLED “RECONSIDERATION”; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE The item was requested by Councilmember Morrison. Public comment was made by Citizen Jim Turner. Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas. AYE: Alexander, Morrison, and Silvas. NAY: New, Adams, Hirschfeld, and Farmer. Motion failed 3-4. FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE ANIMAL SERVICES ADVISORY COMMITTEE RESIDENCY REQUIREMENT AN ORDINANCE AMENDING CHAPTER 2, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, ARTICLE 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF

Minutes Page 5 Date, 2011 Vol. 102 THE CITY OF SAN ANGELO, TEXAS TO REQUIRE THAT ALL VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS BE CITY RESIDENTS, TO WIT: BY DELETING THE PORTION OF THE SENTENCE IN 2.3803(1)(D) THAT READS “WHO ARE RESIDENTS OF THE CITY OF SAN ANGELO”; AND ADDING A PORTION OF A SENTENCE THAT READS “AND WHO ARE RESIDENTS OF THE CITY OF SAN ANGELO” TO THE FIRST PARAGRAPH TO FOLLOW THE WORDS “SEVEN (7) OF WHOM SHALL BE VOTING MEMBERS”; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE Health Services Manager Sandra Villarreal presented background information. Councilmember Alexander suggested other animal service professions should also be included from outside the city limits. Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by Councilmember Adams. AYE: New, Morrison, Silvas, Adams, Hirschfeld, and Farmer NAY: Alexander. Motion carried 6-1.

RECESS

At 12:05 P.M., Mayor New called a recess.

EXECUTIVE/CLOSED SESSION

At 12:31 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 551.072 to discuss the purchase, sale, exchange, lease, or value of real property

Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or companies with whom the City of San Angelo is conducting economic development negotiations and which the City of San Angelo seeks to have, locate, stay or expand in San Angelo

OPEN SESSION (continued)

At1:30 P.M. City Council concluded the Executive/Closed Session whereupon the following business was transacted:

RECESS


RECONVENE

At 1:44 P.M., Council reconvened, and the following business was transacted:

DIRECTION TO STAFF TO AMEND THE SET-BACK REQUIREMENTS CURRENTLY REQUIRED UNDER ARTICLE 3.800 REQUIREMENTS GOVERNING HOOFED ANIMALS (A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO KEEP COWS, HORSES, GOATS OR OTHER HOOFED ANIMALS IN A PEN OR ENCLOSURE, OR TO KEEP OR PARK A TRAILER OR VEHICLE WHICH CONTAINS SUCH ANIMALS., WITHIN ONE HUNDRED FEED (100’) OF ANY RESIDENCE, BUSINESS, OR INSTITUTION OTHER THAN THE RESIDENCE, BUSINESS, OR INSTITUTION OF THE OWNERS OF SUCH ANIMALS

The item was requested by Councilmember Morrison. Health Services Manager Sandra Villarreal presented background information.

Minutes Vol. 102 May 17, 2011 Motion, to grant the variance to Mr. Overstreet from this ordinance, was made by and seconded by . Motion carried unanimously. Motion failed due to lack of a vote.

Public comment was made by Animal Service Control Officer Valentino Cabello.

General discussion was held on the set back requirements, providing a grandfather clause for extenuating circumstances to those residing in the area prior to the new development, and complaints received by local residents and the public.

In conclusion, Council directed staff to move forward with the Ordinance amendment regarding a grandfather clause providing for exceptions to those residents already in the area prior to the new development, specifically the 30 day requirement to relocate their animals and other possible restrictions resulting from the new designation.

Public comment was made by Citizen Jim Turner.

FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING THE 2010-2011 BUDGET FOR GRANTS AND INCOMPLETE PROJECTS WHICH NECESSITATE BUDGET AMENDMENTS

AN ORDINANCE OF THE CITY OF SAN ANGELO AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE PROJECTS

Finance Director Michael Dane presented background information. He noted three of the five proposed amendments will be postponed to a future meeting. Items to be considered at this hearing included Congregate Meals Program and Producers Park Improvements.

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

DISCUSSION AND UPDATE ON THE MASTER DEVELOPER COMMITTEE

Assistant City Manager Elizabeth Grindstaff presented background information. She announced the first meeting is scheduled for Friday, May 20, 2011.

SECOND PUBLIC HEARING OF COMMENTS FOR AND AGAINST PROPOSED ANNEXATION OF APPROXIMATELY 200 ACRES LOCATED SOUTHWEST OF SAN ANGELO’S EXISTING CITY LIMITS, ENCOMPASSING THE LAKE NASWORTHY POWER STATION AT 6465 KNICKERBOCKER ROAD, AN ADJACENT ELECTRIC SUBSTATION, AN APPROXIMATELY 500-FOOT WIDE STRIP OF LAND OCCUPIED BY PARALLEL ARRAYS OF ELECTRIC POWER TRANSMISSION LINES, AND AN APPROXIMATELY 0.34-MILE SEGMENT OF RIGHT-OF-WAY FOR RED BLUFF ROAD

Planning Manager AJ Fawver presented background information.

FOLLOW UP AND ADMINISTRATIVE ISSUES

CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION

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

DENIAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF CLAIM WITH SKYLINE AVIATION, INC.

The item was requested by Councilmember Morrison.

Comments were made by Palm Beach attorney Kern Lewis of Foremen, Lewis & Hutchison.

Minutes Page 7 Date, 2011 Vol. 102 Discussion was held on the termination of the lease and issues related to the settlement suit between Skyline and the City of San Angelo.

Motion, to adopt the Resolution, as presented, was made by Councilmember Morrison and seconded by Councilmember Silvas.

Public comment was made by Ranger Aviation owner John David Fields.

Councilmember Silvas left the meeting at 3:27 and returned 3:36 p.m.

RECESS


RECONVENE

At 4:04 P.M., Council reconvened, and the following business was transacted:

CONTINUATION OF THE RESOLUTION RELATED TO SKYLINE AVIATION, INC.

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

NO CONSIDERATION OF ADOPTION A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT AND RELATED DOCUMENTS WITH PALM BEACH JET GROUP, INC. FOR PROPERTY LOCATED AT THE SAN ANGELO REGIONAL AIRPORT

No consideration or action necessary due to City Council’s denial of Skyline Aviation, Inc. lease termination agreement.

CONSIDERATION OF FUTURE AGENDA ITEMS

City Manager Harold Dominguez distributed the proposed June 7, 2011, 2011 Agenda and solicited Council comments and suggestions.

Councilmember Alexander requested updates on the Foster Road speed limit findings and sign ordinance revisions.

ADJOURNMENT

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

The meeting adjourned at 4:31 P.M.

THE CITY OF SAN ANGELO

___________________________________ Alvin New, Mayor

ATTEST: _______________________________ Alicia Ramirez, City Clerk Annexes A-C

Minutes Vol. 102 May 17, 2011 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: May 12, 2011

To: Mayor and Councilmembers

From: Tom Kerr, Assistant Director of Water Utilities

Subject: Consent Agenda Item for June 7, 2011 Council Meeting

Contact: Tom Kerr, Assistant Director of Water Utilities, 657-4209

Caption: Water Utilities Bid, RFB “WU-05-11”, Power Distribution Equipment

Summary: Bids have been received from three suppliers for the purchase of power distribution equipment at the Water Treatment Plant. Bids were received from Border States Electric, Cain Electrical Supply and Graybar. The low bid was submitted by Cain Electrical Supply. History: This equipment is replacing electrical distribution equipment at the plant dating back to the 1960’s. This equipment is designed to centralize the distribution of power in the plant in conjunction with the incorporation of an emergency power backup system as required by the Texas Commission on Environmental Quality. Financial Impact: Budgeted within the Capital Improvements Program of the Water Fund. Total bid is $270,013.00. Related Vision Item (if applicable): N/A Other Information/Recommendation: It is recommended the bid from Cain Electrical Supply of San Angelo be accepted.

Attachments: Bid Tab. Presentation: None. Publication: None. Reviewed by Svc. Area Director: Will Wilde, Water Utilities Director, May 12, 2011.

City of San Angelo

Memo Date: June 2, 2011

To: Mayor and Council members

From: David Knapp, Construction Manager

Subject: Agenda Item for June 7, 2011 Council Meeting

Contact: David Knapp, Construction Manager, 657-4279

Caption: Consent Agenda Item

Consideration of purchasing Mechanical Equipment in the amount of $499,217.00 for the City Hall Complex from TCPN (The Cooperative Purchasing Network) and authorizing the City Manager or his designee to negotiate a contract and execute any related documents.

Summary: In an effort to expedite this portion of the project and save the City money for equipment and mark up from the contractor, we are exploring direct purchase of the equipment to be installed by the general contractor. The Cooperative Purchasing Network (TCPN) is a national network for city & county governments to buy materials, supplies & equipment for the best possible prices in the marketplace.

History: The Central Plant has always been a separate project from the City Hall Project, Auditorium project and the Water Billing project as it will provide service to all the buildings in the City Hall Plaza area. It is intended to be a proportionally shared expense by all the users, involving multiple funding sources accordingly. The timing of the work requires it to be installed in conjunction with the City Hall / Old Library project and will be fully operational for the Auditorium and Water Billing projects. The General Contractor for City Hall will be issued a Change Order to complete the installation of the equipment. The equipment will be housed in the basement of the Auditorium annex expansion which the cost will also be distributed accordingly for all the users.

This work will strengthen the “Downtown Vision” as established by the City Council

Financial Impact: The TCPN price for the equipment as quoted is $499,217.00. This will be funded by the City Hall Project, Auditorium Project and the future Water Billing Project

Other Information/ Recommendation:

Staff Recommends the purchase of the mechanical equipment for the City Hall Plaza central plant through the TCPN.

Attachments: Proposal

Presentation: None

Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011

Trane A Division of American Standard Inc.

Proposal

Prepared For: Date: 5/27/2011 City Of San Angelo TCPN Customer Number: TCPN Proposal Number:10590 02-10590-11-001 Job Name: Engineer:San Angelo Theater Annex Jacob Sublett Delivery Terms: Freight Allowed and Prepaid - F.O.B. Jobsite

Payment Terms: Net 30 Days

Trane is pleased to provide the enclosed proposal for your review and approval.

Chillers Tag Data - Air-Cooled Helical Rotary Water Chillers (Qty: 2) Item Tag(s) Qty Description Model Number A1 CH-1 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200 A2 CH-2 1 Air-Cooled Series R(TM) ( RTAC ) RTAC200 Product Data - Air-Cooled Helical Rotary Water Chillers All Units Air cooled Series R(TM) model RTAC 200 nominal tons 460v/60 hz/3 ph Startup allowance High efficiency configuration C/UL listing ASHRAE 90.1 all versions compliant ASME Standard 40-60F leaving, with evaporator heaters 2 pass arrangement, insulated Standard ambient temperature range Aluminum slit fins Low noise fans Wye-delta closed transition starter Single point power connection Non-fused disconnect switch(es) Remote leaving water temp setpoint Alarm relay Factory installed flow switch - for use when evap fluid type = water Refrigerant isolation valves Factory installed sound attenuator Elastomeric isolators (Fld) English Year 2-5 parts warranty whole unit 1st Year Labor Warranty Whole Unit 2nd thru 5th year Labor Warr Motor/Comp Only

Architectural louvered panels Low Ambient Control to 0

Total Net Price (Excluding Sales Tax) ......................................................$ 218,668.00


Proposal

Boilers Item Tag(s) Qty Description Model Number TCPN Product Code B#1, B#2 Lochinvar PBN - 2001

Boilers (Lochinvar) Two (2) Lochinvar PBN-2001-M-9 Boilers to include standard operating and safety controls. Each boiler includes a circulating pump (BP#1 & BP#2) and low water cut-off. Factory authorized start-up is included. Total Net Price (Excluding Sales Tax) ..........................................................$ 90,500.00

Pumps Item Tag(s) Qty Description Model Number TCPN Product Code CWP #1,

CWP#2 Bell and Gosset 1510 Centrifugal

HWP#1, HWP#2

Bell and Gosset 1510 Centrifugal

Pumps & Hydronics (B&G) (2) CHWP-1,2, 50 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve. (2) HWP-1,2 1510 20 hp, 460/3 pump with flex connectors, suction diffuser & Triple duty valve. (2) ET-1,2 Expansion tanks (2) AS-1,2 Air separators Includes 1” spring Isolators to be mounted to pump base for each pump Total Net Price (Excluding Sales Tax) ...........................................................$ 84,500.00

VFD Tag Data - VFD (Qty: 4) Item Tag(s) Qty Description Model Number (2) 50 HP; (2)

20HP 4 Indoor vfds

Product Data – Pump VFDs

(4) Indoor vfds with bypass and factory start=up Total Net Price (Excluding Sales Tax) ...............................................…….......$ 24,500.00


Proposal

FCU/ Blower Coil Units Tag Data - Fan Coil Air Conditioning Units (Qty: 1) Item Tag(s) Qty Description Model Number C1 FCU# 1 1 Fan Coil Air Conditioners

(UniTrane) ( FCDB0303K**D0D10AF3M00--D1KKFG200020000CA000

Product Data - Fan Coil Air Conditioning Units Item: C1 Qty: 1 Tag(s): FCU# 1 Fan Coil Horizontal cabinet Size 030 277v/60hz/1ph Bottom stamped louver return Front quad grille supply Color to be selected from Trane Standard Colors by the Architect Polymer Drain pan With disconnect switch Year 2-5 Parts Warranty Whole Unit 1st Year Labor Warranty 2-5th Year labor Warranty Tag Data - BCXC Blower Coil Air Handler (Qty: 2) Item Tag(s) Qty Description Model Number B1 BC#1 1 BCXC Blower Coil Air Handler (

BCXC ) BCHC054D1**A2AF4G000000BC4J0000002NC0100

B2 BC#2 1 BCXC Blower Coil Air Handler ( BCXC )

BCHC072D1**A2AM4F000000BC4FU2FQ202NC0100

Product Data - BCXC Blower Coil Air Handler All Units HORIZONTAL CONFIGURATION Horizontal Configuration 277/60/1 1 Horsepower Hinged access doors Year 2-5 parts warranty whole unit 1st year labor warranty whole unit 2nd-5th year labor warranty whole unit Includes rubber grommet isolators Total Net Price (Excluding Sales Tax) ...............................................…….......$ 9,962.00


Proposal

Exhaust Fans/ Louvers Tag Data – Exhaust Fans (Qty: 2) Item Tag(s) Qty Description Model Number CF # 1; CF #2 2 Product Data – Exhaust Fans – CF #1 / CF #2

(2) Ceiling mount exhaust fans to include wall cap, damper and grille. Tag Data - Louvers (Qty: 2) Item Tag(s) Qty Description Model Number A, B 2 60x30 Product Data – Louvers – Intake and Exhaust Louvers

(2) 60x30 aluminum louvers. Total Net Price (Excluding Sales Tax) ...............................................…….......$ 2,650.00

Controls Tracer Summit Automation System

Provide Tracer ES server and software Provide Building Control Unit (BCU) BCU to control/monitor the following:

Control of (2) Trane Air Cooled Chillers with factory mounted DDC controllers Control of (2) Chilled Water Pumps Primary Chilled Water by-pass valve control Monitoring of (2) Boilers Control of (2) Heating Water Pumps (2) Trane Blower Coil Units with factory mounted DDC controllers Main chilled water and heating water flow

All control wiring in conduit System Engineering

CAD Control installation drawings System programming and checkout Programming and System Graphics Owner training 1st year warranty

Total Net Price (Excluding Sales Tax) .........................................................$ 68,932.00


Proposal Jacob Sublett West Texas Sales Team Leader 717 East 40th Street Lubbock, TX 79404

City Of San Angelo Representative Trane Representative

By By

Signature Signature

Title Title

Date Date

Anticipation Discount Statement – Use if Applicable Trane is pleased to offer you an opportunity to maximize the value of your purchase by offering you savings with the Anticipation Discount Program (ADP). The following discount is available for payment on (Sales Fills in if Applicable) for delivery on December 20, 2002: Total Net Savings (Excluding Sales Tax) $

City of San Angelo


To: Mayor and Council Members

From: David Knapp, Construction Manager


Contact: David Knapp, Construction Manager, 657-4279


Consideration of authorizing Amendment #3 to the Killis Almond Architects Professional Services Contract Scope of Work in the amount of $334,500.00 for the design of the Auditorium expansion & rehabilitation and authorizing the City Manager or his designee to negotiate a contract and execute said contract and any related documents.

Summary: The City is currently in contract with Killis Almond Architects for the Restoration & Rehabilitation of the City Hall and Old Library buildings. In the fall of 2010 the voters approved the Restoration & Renovation of the Auditorium using Half Cent Sales Tax Money. Due to the physical connection of the City Hall and the Auditorium and the shared systems within the buildings it is very important that all work is coordinated and directed by a single design professional and his consultants. With the Historic nature of the buildings along with the highly specialized knowledge of theater design and systems it is important to employ experts in the field. We have already been proactive in the planning and construction of the City Hall for the future work in the Auditorium. The timing of the project is also important so that we can minimize downtime and disruption for the auditorium and the rest of the Plaza area. This work needs to begin in order to maintain the schedule and reduce delays.

History: Killis Almond Architects have been under contract with the City since 2008 for the Master Plan of the City Hall Plaza area. Four phases of work were outlined for the renovation of the City Hall, Old Library, and Water Utility Building and a new Parking Garage. This contract was then extended for the Architect to provide services for Phase I - Renovation of the City Hall and Old Library buildings and Phase II -Design of the mechanical central plant that will serve all the buildings at the City Hall Plaza Area. In addition to the Master-planned Phases, the Auditorium has always been considered as an important element to the City Hall Plaza area and its renovation & expansion is key to the success of the Master Plan.

This work will strengthen the “Downtown Vision” as established by the City Council.

Financial Impact: The Professional Services fee for the Auditorium is $334,500. Funding comes from Half Cent Sales Tax. $3,750,000 is available for the project


Staff recommends the approval of extending the professional services contract with Killis Almond Architects for the Auditorium Expansion & Rehabilitation Project.

Attachments: Budget

Presentation: None

Reviewed by: Elizabeth Grindstaff, Assistant City Manager, May 27, 2011

City of San Angelo, Texas - Addition to Stage and Auditorium Upgrades

Fee Breakdown for Architectural, Rehabilitation and Engineering ServicesAuditorium and Stage Upgrade and Basement Addition 26-Apr-11Projected Construction Extension to City Hall Budget - $3.2 M

Fast Track Construction Phase

Consultant / Company SchematicDesign

DevelopmentConstruction Documents

Bid/Contract Admin

TOTALS

Architectural/Rehab Fees on Auditorium Improvements $ 18,000.00 $ 35,000.00 $ 17,000.00 $ 70,000.00 Architectural Annex Design through Schematic 40,000.00$ $ 40,000.00 Structural Fixed Fee for Annex Design to DD pricing & Basement 3,675.00$ 6,125.00$ 9,800.00$ 4,900.00$ 24,500.00$ MEP for Stage Annex if Completed - budgeted $52,000MEP Redesign of Central Plant in Basement & basement shell 15,000.00$ 15,000.00$ 15,000.00$ 5,000.00$ 50,000.00$ MEP For Auditorium including Alternate No.1 & Stage Sound/Lighting 20,000.00$ 5,000.00$ 15,000.00$ 5,500.00$ 45,500.00$ Civil and Site Planning -$

TOTALS 78,675.00$ 44,125.00$ 74,800.00$ 32,400.00$ 230,000.00$

Additional Services

Basic SchematicDesign Development

Construction Documents

Bid/Contract Admin TOTALS

Omar Longoria - Acoustical Consultant 1,500.00$ $ 2,500.00 4,000.00$ APT Hank Lam Sound Consultant 3,900.00$ $ 6,500.00 $ 10,400.00 $ 5,200.00 26,000.00$ WJHW Theatre Consultants 5,700.00$ $ 9,500.00 $ 15,200.00 $ 7,600.00 38,000.00$ Reimbursable Expenses Allowance 2,000.00$ $ 4,000.00 $ 6,000.00 $ 10,500.00 22,500.00$ TOTALS AT COST TO FIRM 13,100.00$ 22,500.00$ 31,600.00$ 23,300.00$ 90,500.00$ Arch. Coordination On Additional Services 2,000.00$ 3,000.00$ 6,000.00$ 3,000.00$ 14,000.00$

Total Projected Fees to A/E Firms 93,775.00$ 69,625.00$ 112,400.00$ 58,700.00$ 334,500.00$

Killis Almond Architects, P.C.342 Wilkens Ave.San Antonio, Texas 78210Additional Services billed hourly at the following rates:

Arch./Eng. - $160/hrProject Manager - $135/hr

Support Staff - $95/hrProduction/Clerical - $50/hr

*CA Phase is assumed to be 6 months long. Hourly rates will be incurred after that date.Structural Includes a maximum of 6 site visits

City of San Angelo Parks & Recreation

Memorandum Date: June 2, 2011


From: Carl White, Parks and Recreation Director

Subject: Agenda Item for June 7, 2011, Council Meeting

Contact: Carl White, 657-4450 or 234-1724


Consideration of authorizing staff to negotiate an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services, based on the recommendation of the Upper Colorado River Authority, the City’s contracted project oversight agent of the project, in the amount of $57,700 for the North Concho River Project and authorizing the City Manager to execute said agreement.

Summary: Staff recommends authorization of negotiation of an agreement between the City of San Angelo and Jacobs Engineering for professional engineering services in the amount of $57,000 for the North Concho River Project and authorization for the Mayor and/or City Manager to execute the agreement.

The Upper Colorado River Authority (UCRA), acting as authorized agent for the oversight of the North Concho River Project received three quotes for the required services: SKG Engineering at $71,000, Dunaway Associates at $66,400 and Jacobs Engineering at $57,700.

Based upon the bids, as well as our very positive experience with Jacobs Engineering during the dredging phase of the river project, City Staff and the UCRA recommend Jacobs Engineering.

The North Concho River improvements include modifications to the effective FEMA floodplain which require a Conditional Letter of Map Revision to be prepared before construction and a Letter of Map Revision to be prepared after project completion. This scope of services proposes to prepare a Conditional Letter of Map Revision (CLOMR) using the existing hydraulic modeling provided for this reach of the North Concho River. Upon completion of the project a Letter of Map Revision (LOMR) will be prepared.

History: · The City is in the process of negotiating a “guaranteed maximum price” with our contracted Construction Manager at Risk for the implementation of the overall river and trail improvement project.

· Staff is in the final stages of completing all required engineering and securing all final approvals before implementation of the project.

Financial Impact:

The cost of these services would be $57,700 and would come out of the dedicated half-cent sales tax funding for the North Concho River Project.

Attachments: None.

Presentation: None.

Publication: None.

Reviewed by: Rick Weise, Assistant City Manager, May 27, 2011

City of San Angelo



From: Will Wilde, Water Utilities Director

Subject: Consent Item for June 7, 2011 Council Meeting

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

Caption: Consideration of approving a residential lease renewal with Bette Williams at Lot 4, Group 2, 1814 Cove Road, and authorizing the Water Utilities Director to execute the same.

Summary: The leaseholder’s current lease expires in 2016 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: 2003-2012 $455.00 2013-2016 $546.00 New lease fees: 2011-2012 $528.00 2013-2015 $546.00 2016-2050 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 (Bette Williams) Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 16, 2011.

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 Bette Williams whose address is 1814 Cove Road, San Angelo, TX 76904 ("Lessee").

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

Lot 4, Group 2, 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 as1814 Cove Road).

II. TERM, FEES AND RENT

FIXED COMMENCEMENT AND TERMINATION DATE

2.1 This lease is granted for a period of forty (40) years beginning October 1, 2011 and ending September 30, 2051, 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 October 1 during the term of this lease in accordance with the following schedule: Dates Annual Rent For the Years 2011 Through 2012 $528 For the Years 2013 Through 2015 $546 For the Years 2016 Through 2050 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: Bette Williams 1814 Cove Road San Angelo, TX 76904 LESSOR: City of San Angelo

Attn: Water Utilities Director P.O. Box 1751 San Angelo, Texas 76903

EXECUTED in duplicate originals on the _____day of _____________________,

2011 by: LESSEE

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of ________________, 2011 by Bette Williams.

Notary Public, State of Texas

CITY OF SAN ANGELO, LESSOR

BY: W. H. WILDE, Water Utilities Department

STATE OF TEXAS § COUNTY OF TOM GREEN §

This instrument was acknowledged before me on the _____day of

________________, 2011, 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



From: Robert Schneeman, Development Coordinator

Subject: Agenda Item for 06-07-2011 Meeting

Contact: Robert Schneeman, Community & Economic Development, 657-4210


Consideration of TIRZ Board recommendation to increase the required funding match for the New Freedom Grant in the downtown area by $24,676 due to the ineligibility of Transportation Development Credits (TDCs) originally proposed to be used as credits against this project

Summary:

The consultant handling the application and coordination, on the original 2010 New Freedom Grant applicable to the downtown area recently notified staff that an additional matching funds contribution would be required from the City. The two alternatives available are as follows:

a) pay an additional $24,676 to receive the full grant of $573,471

b) pay an additional $2,269 to receive a grant of $494,243.

The difference is $22,407 in matching funds to receive $79,228 in additional grant funding.

At its meeting of April 27, 2011 the TIRZ Board approved staff’s recommendation to provide the additional $24,676 in matching funds in order to receive the full grant amount.

History: As originally proposed, the New Freedom Grant for the Downtown area would have provided for a total federal grant of S573,471 requiring a City cash match of $28,452 and a City in kind contribution of $90,240 in design services provided by the City Engineer staff. This also included using 10,944 Transportation Development Credits (TDCs). In reviewing the proposal, TXDOT has determined that the 10,944 TDC’s are not eligible for use on this project therefore an additional cash contribution $24,676 will be required to receive the full grant amount. Alternately, the City could provide an additional $2,269 in cash to receive a reduced grant in the amount of $494,243. The TIRZ Board at its meeting of April 27, 2011, approved staff’s recommendation to provide the additional $24,676 in order to receive the full grant amount of $573,471.

Financial Impact: An additional $24,676, bringing the total cash match (including what was previously allocated) to $53,128 for a grant of $573,471

Recommendation: Staff recommends approval of providing the additional $28,452 to receive the full grant amount

Attachments: TIRZ Board Minute Record excerpt

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, APRIL 27, 2010 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE.

VII. Consideration and possible action regarding an increase in the required funding match for the New Freedom Grant in the downtown area due to the ineligibility of Transportation Development Credits (TDCs) originally proposed to be used as credits against this project.

Shawn Lewis talked about the original New Freedom Grant application. He went on to explain that Transportation Development Credits (TDCs) were included in the proposal. It has been determined by TxDOT that these TDCs are not eligible for use on this project and has informed staff that a difference is required. There are two options:

(1) pay an additional $24,676 to receive the full grant of $573,471; or

(2) pay an additional $2,269 to receive a grant of $494,243.

Mike Campbell asked where these funds come from. Mr. Lewis explained that they are transportation dollars which are for mobility-centered projects that states then compete for. He noted that projects, in his experience, are either funded or approved. Mr. Lewis explained that staff is fully funded, but the amount is in question at this time.

Craig Kinney added that he felt the board should come up with the additional $28,452 to take advantage of the full opportunity. Several members agreed.

Mike Campbell made the motion to provide the full $24,676, which Rebekah Brackin seconded. The motion passed unanimously, 7-0.

City of San Angelo



From: Shawn Lewis, Director of Community & Economic Development

Bob Schneeman, Development Coordinator

Subject: Agenda Item for 06-07-2011 Council Meeting


Consideration of TIRZ Board recommendation to revise the downtown portion of the TIRZ incentive policy as follows: limit asbestos abatement incentive to 50% of total cost of abatement the TIRZ contribution not to exceed $15,000 per project; provide for a case by case consideration by the Board of larger projects; and delete all references to per square foot and / or per linear foot incentives; add a new incentive for fire sprinkler and monitored smoke alarm systems, the total incentive to be 50% of the cost of the system, the TIRZ contribution not to exceed $5,000 per project

Summary:

Background:

At its meeting of April 27, 2011, the TIRZ Board reviewed the existing downtown incentives and recommended the above listed revisions to the policy based on staff recommendations.

The downtown TIRZ has several incentive programs as follows: Tax abatements

When a construction project* increases the value of the property by at least 50 percent and project costs total at least $25,000:

• Year 1: 100 percent • Year 2: 100 percent • Year 3: 100 percent • Year 4: 80 percent • Year 5: 80 percent • Years 6-10: 50 percent

Design fees will only be included in the project costs if a registered architect is the designer.

Facade grants

50/50 matching grant based on a value of $18/ square foot, maximum of $7,500 awarded per project.

Sales tax rebate

100 percent rebate of local sales taxes (1 cent) on locally purchased construction materials and equipment over $25,000.

Fee reductions

Through Sept. 30, 2014, an 80 percent reduction in the following fees where required in developing property within the Central Business District:

• Preliminary plats, final plats, amended plats and replats • Abandonment of public rights of way or easements • Dedication of public rights of way or easements • Special use and conditional use applications, zone change

requests • Building permit fees up to $5,000 • Off -site sign demolition permit fees (billboard removal) • Demolition permit fees for any non-historic building or structure

Fire Code incentives Payment of up to 75 percent of the costs associated with installation of a new water-service tap for fire suppression sprinklers. $5,000 maximum. Payment of up to 50 percent of the costs associated with installing additional exits as required by the fire code. Up to $5,000 per floor. $20,000 maximum.

Asbestos Abatement Incentive Program

A portion of the costs of abating asbestos will be rebated as a cash grant from the South TIRZ fund using the following calculations:

• Floor tile—$1.50 per square foot of affected area • Walls or ceiling tile—$2.50 per square foot of affected area • Wiring or duct work—$2.50 per linear foot of wiring or duct

work • Other—1/2 the per square foot estimate provided

Abatement costs will be calculated using the dollar amounts above in conjunction with the Asbestos Evaluation Report provided to the City, and shall not exceed $15,000 per building.

Analysis The following programs appear to be working well with adequate funding: • Tax abatements • Façade grants • Fee waivers

Staff requested TIRZ Board direction on two of the incentive programs:

• Fire Code incentives • Asbestos abatement incentives

The Fire Code incentives have been well received, but one of the largest costs involved in Fire Code compliance is the sprinkler system or monitored smoke alarm system. Both of these systems can be very costly to install, although the installation of these systems generally pays for itself through significant insurance premium savings annually. However, staff is proposing an incentive for installation of these systems as follows. Sprinkler and Monitored Smoke Alarm System Incentive:

• The City pays no more than 50% of the total cost of the system including installation costs

• The City pays no more than $5,000 • The system to be installed is confirmed to be a requirement of Fire Code

to occupy the building or significantly increase occupancy

The asbestos abatement incentive has been requested twice recently. Because of the expensive nature of the abatement process, both of the projects requesting incentives have “maxed out” the incentive. Staff realized when applying the incentive to these projects that unlike all of the other incentive programs, the asbestos incentive failed to provide a cap of 50%. Additionally, funds in the downtown TIRZ have not materialized as planned, so staff would like TIRZ Board feedback on the maximum dollar amount currently in the policy--$20,000. Staff recommends the following changes. Asbestos Abatement Incentive:

• The City pays no more than 50% of the total cost of the abatement • The City pays no more than $15,000 per project with the ability for

applicants to request more from the TIRZ Board on a case-by-case basis • The City deletes the following dollar amounts from this incentive program: § Floor tile—$1.50 per square foot of affected area § Walls or ceiling tile—$2.50 per square foot of affected area § Wiring or duct work—$2.50 per linear foot of wiring or duct work § Other—1/2 the per square foot estimate provided

Related Vision Item N/A

Financial Impact Dependent upon each individual application

Recommendation Staff recommends approval of the revisions as presented

Attachments TIRZ Minute Record excerpt

MINUTE RECORD OF THE CITY OF SAN ANGELO TAX INCREMENT REINVESTMENT ZONE MEETING HELD ON WEDNESDAY, APRIL 27, 2010 AT 12:00 PM, MCNEASE CONVENTION CENTER, 500 RIO CONCHO DRIVE.

VI. Review and discuss the downtown portion of the TIRZ incentive policy and take any action necessary in connection thereto.

Shawn Lewis, Director of Community and Economic Development, came forward to present this item. He outlined some changes to the incentives policy. These have been reflected in the numbers provided, and he summarized some changes that had been made in the past to incentives.

In all of the incentive programs, they were limited to 50% of the total cost, regardless of incentive type. That was not written into the asbestos abatement policy at the time. This has led to much larger incentive requests than initially. The amounts should be no longer be limited on a square foot or linear foot basis, but rather an overall 50%, and a cap of $10,000on the total bill. The two requests received so far have resulted in 80% or 90% of the total cost. Staff recommends making that change. There are currently two applications active, and the board can recommend how those two be handled. Staff is also recommending adding guidelines that allow larger projects to approach the TIRZ board directly for a larger incentive. This could be difficult for the TIRZ to maintain if continued.

William Dendle advised that $10,000 is a small amount for starting a project. Craig Kinney stated that he was unsure how these changes would change the project that they had worked with under the current guidelines and added that he wouldn’t be voting on this item.

The Chairman noted that trying to use square footage as a measure is not the best way to determine what to pay; he felt paying based on the total bill would be the appropriate method. He also stated that he also felt strongly about the match (50/50). Thus, his only question was the total amount per building they should assist with. If it was left at $20,000, it would affect the larger of the typical projects.

The Chairman made the motion to change the guidelines to a maximum of 50% with a $15,000 limit, deleting any references in the regulations necessary. William Dendle seconded this request. The motion passed with a motion of 6-1, with Craig Kinney abstaining. The Chairman suggested that Mr. Kinney work individually with staff on his project to help find alternatives based on his prior application. Mr. Lewis added that staff would typically honor the application under the regulations in effect at the time of application.

Mr. Lewis came back to the podium to present the remaining of the item. The Chairman asked who could apply for these incentives, and Mr. Lewis explained that legal staff advised that board members could also apply for these.

The next item is a need recognized by staff that is a new incentive intended for sprinkler and smoke alarm systems. In 2010, there was a provision in the code that allows a modern smoke alarm system in lieu of sprinkler systems in some facilities in the downtown area. Two facilities have both gone this route, but the owners noted that there were no incentives for this requirement. As such, staff is proposing an incentive of 25% of the cost of installation, with the maximum incentive of $5,000. The incentive would apply when this system is required by the International Fire Code.

Craig Kinney noted his approval of the strategy. Both the Chairman and Mike Campbell suggested that the contribution be higher, due to the large expense of such a project. The Chairman noted that it would take an incredibly large building to receive the maximum amount, roughly 20,000 square foot or larger. The Chairman suggested going to a maximum 50%, with Craig Kinney agreeing. William Dendle and Rogelio Villegas agreed as well.

Craig Kinney made the motion to accept, with the condition to change the maximum percentage contribution to be 50%. William Dendle seconded this motion, which passed unanimously, 7-0.

City of San Angelo






Consideration of approving variances to the City Code for the Drag Boat Races which will be held on June 24 through June 26, 2010 at Lake Nasworthy ______________________________________________________________________________ Summary: The variances required are identical to those granted for the past four events and pertain to noise, ATVs, camping and parking, permits for street closures and tents, signs, and provisions regulating the waters of Lake Nasworthy such as “No Wake” zones. Financial Impact: None directly related to this item. The economic impact of the event this year is estimated at $2,500,000. Related Vision Item (if applicable): Parks and Open Space Vision

• Increase recreation opportunities Other Information/Recommendation: Staff recommends approval. Attachments: Special Event Application with Supplement and List of Requested Variances Presentation: None Publication: N/A Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 6, 2011

City of San Angelo



From: Will Wilde, Water Utilities Director


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

Caption: Consideration of acceptance of a 5.501 acre tract from AEP Texas North Company and authorizing the City Manager to execute all documents associated with the property transfer.

Consideration of adopting a Resolution authorizing the City Manager or his designee to negotiate and execute an agreement establishing the terms and conditions for the City’s acceptance of the donation of 5.501 acres of real property located adjacent to the municipal Water Treatment Plant by special Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, from AEP Texas North Company as grantor, and related documents

Summary: AEP wishes to donate to the City a parcel of land containing approximately 5.501 acres of land out of the Fisher and Miller Survey 173, Abstract 205. The property is located along Metcalfe Street adjacent to the City Water Treatment Plant. History: The property was the site of a power generation facility which was shut down years ago. The plant was removed and the portion of the site being donated to the City was the location of cooling towers for the plant.

Financial Impact: There is no cost to the City to accept the property. Related Vision Item (if applicable): N/A Other Information/Recommendation: Portions of the water plant that were constructed in the 1920’s extend onto the property being donated to the City. Also, two water mains extend across the tract. The property will be utilized for future water plant construction and is proposed to be the location of the new emergency generator that will be installed later this year. It is recommended the City accept the land and the City Manager be authorized to execute all documents associated with the property transfer. Attachments: Resolution Donation Agreement, Exhibit A – Field Notes, & Exhibit B - Special Warranty Deed Plat of 5.501 acre tract Appraisal Report Presentation: None. Publication: None. Reviewed by Service Area Director: Will Wilde, Water Utilities Director, May 17, 2011.

A RESOLUTION OF THE CITY OF SAN ANGELO AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE AN AGREEMENT ESTABLISHING THE TERMS AND CONDITIONS FOR THE CITY’S ACCEPTCE OF THE DONATION OF 5.501 ACRES OF REAL PROPERTY LOCATED ADJACENT TO THE MUNICIPAL WATER TREATMENT PLANT BY SPECIAL WARRANTY GIFT DEED, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, FROM AEP TEXAS NORTH COMPANY AS GRANTOR, AND RELATED DOCUMENTS.

WHEREAS, AEP Texas North Company (hereinafter AEP) is the owner of 5.501 acres of real property located adjacent to the municipal water treatment plant, more particularly described in Exhibit “A”, attached to this Resolution and made a part hereof for all purposes (hereinafter “Property”) ; and, WHEREAS AEP wishes to convey the Property by Special Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”; and, WHEREAS The City deems it advantageous to the operation of the municipal water treatment plant and citizens of San Angelo to acquire by special warranty gift deed, the Property; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS THAT: The City Manager or his designee is hereby authorized to negotiate and execute an agreement with AEP Texas North Company establishing the terms and conditions for the City’s acceptance of the donation of 5.501 acres of real property located adjacent to the municipal water treatment plant, City of San Angelo, Tom Green County, Texas, more particularly described in Exhibit “A”, attached to this Resolution, by Special Warranty Gift Deed, “AS-IS, WHERE-IS AND WITH ALL FAULTS”, and related documents. PASSED and APPROVED THIS DAY OF , 2011. CITY OF SAN ANGELO, TEXAS ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk APPROVED AS TO CONTENT APPROVED AS TO FORM Will Wilde, Water Utility Director Lysia H. Bowling, City Attorney

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PLAT SHOWING A SURVEY OF 5.501 ACRES OUT OF FISHER & MILLER SURVEY 173, ABSTRACT NO. 205, CITY OF SAN ANGELO, TOM GREEN COUNTY, TEXAS. See attached metes and bounds descriptions. Certification is hereby made that a survey was made on the graund under my supervision according to the minimum standards af the Professional Land Surveying Practices Act and the General Rules of Procedures and Practices set forth by the Texos Board of Professional Land Surveying. This survey is prepared for the exclusive use and benefit of City of San Angelo. Use of this survey by a third party may not be transferred or assigned.

Surveyed on the ground December, 2009,REVISED 02/15/aj~ft. eo,ement

RUSSELL T. GULLY REGISTERED PROFESSIONAL LAI*1 SURVEYOR NO. 5636

SKG ENGINEERING 1122 S. BRYANT BLVD. SAN ANGF.LO. TEXAS 76903 325.655.1288 09-A-1677

City of San Angelo

Meeting Date: March 1, 2011

To: Mayor and City Council members

From: AJ Fawver, Planning Manager

Subject: first public hearing of an amendment related to the allowed number of garage sales, as requested by Council

Contacts: AJ Fawver, Planning Manager 657-4210 James Flores, Code Manager 657-4409 Shawn Lewis, Director of Development Services 657-4210

Captions:

First public hearing and introduction of an Ordinance amending Article 5.902 of the City of San Angelo Code of Ordinances changing the maximum number of garage sales held by an owner of property

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY MAY BE LIMITED TO A MAXIMUM NUMBER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

Summary: Based on discussions on September 21st, January 11th, and February 15th, staff is now bringing back a proposed amendment to the number of garage sales allowed at the desire of the Council. History and Background: On April 19, 2011, Councilmember Morrison requested the reconsideration of said ordinance under Chapter 1, Section 1.1002. Reconsideration was approved 5-2. On March 22, 2011, Council approved the ordinance limiting the maximum number of garage sales to two per year. The following reflects a historical account prior to the adoption of said ordinance:

of 4

Section 5.900 of the Code of Ordinance addresses the regulations for garage sales within San Angelo, and originates from 1959. After discussions on September 21st and January 11th, the Council directed staff to draft a revised version of Section 5.900. After some dialogue, 3 of the 7 Council members (Adams, Hirschfeld, and Farmer) advised staff that they would like to see the maximum number of garage sales per year to be reduced to 3. Council member Alexander suggested it be changed to 2 per year. Council member Silvas stated he thought 4 per year (1 per quarter) was appropriate. Council member Morrison stated he thought the current number of 6 should be kept, or that it should even be increased if changed. The mayor was not in attendance at the January 11th meeting. Since a majority of the group did not agree on a single number and the direction was not clear-cut, staff includes all these suggestions as options. The caption for this item specifically requires that the Council select a final, singular number in this first public hearing, and the draft ordinance will incorporate this number accordingly. The draft ordinance attached herein is written to embrace this change. It is important to note that Article 5.900 includes a restriction on the length of a garage sale (three consecutive calendar days). Staff is not proposing a change to this requirement. Fiscal Impact: N/A Related Vision Items: Establish appropriate regulations to protect neighborhoods. Attachments: draft ordinance amending text of Subsection 5.902.b Publication: N/A Presentation: AJ Fawver, Planning Manager & James Flores, Code

Manager

of 4

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER TWO (2); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

RE: amending the regulations of Section 5.900 as to the maximum number of garage

sales allowed to be held by an owner of property within the City of San Angelo WHEREAS, the City Council for the City of San Angelo, after a public hearing at a meeting on February 15, 2011, has recommended the following amendment to the text of Chapter 5, Subsection 5.902(b) of the Code of Ordinances, City of San Angelo, Texas, which said Subsection 5.902 is otherwise known as the “Conditions Under Which Permitted”; and WHEREAS, the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to ordinance amendments, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all persons interested, generally, is of the opinion that amendment to the text of the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 5, Section 5.900, Subsection 5.902(b) of the Code of Ordinances of

the City of San Angelo, Texas shall be and is hereby amended insofar as an addition to the “Conditions Under Which Permitted”, to read as follows:

“There shall not be more than two (2) sales per year by the same property owner or

on the same premises. Such sales may last a maximum of three (3) consecutive calendar days.”

2) THAT the following severability clause is adopted with these amendments: 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 this Ordinance shall be effective from and after the date of its adoption.

of 4

INTRODUCED on the 1st day of March, 2011, and finally PASSED, APPROVED and ADOPTED on this the 22nd day of March, 2011. CITY OF SAN ANGELO by:_______________________________ Alvin New, Mayor ATTEST: by:_________________________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: _________________________ ____________________________ Lysia H. Bowling, City Attorney AJ Fawver, Planning Manager

AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO, TEXAS, OF WHICH ARTICLE 5.900 ADOPTS GARAGE SALE REGULATIONS, SPECIFICALLY BY AMENDING SUBSECTION 5.902(b) TO STIPULATE THAT THE NUMBER OF GARAGE SALES ALLOWED ANNUALLY BE LIMITED TO THE NUMBER TWO (2); PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

RE: amending the regulations of Section 5.900 as to the maximum number of garage

sales allowed to be held by an owner of property within the City of San Angelo WHEREAS, the City Council for the City of San Angelo, after a public hearing at a meeting on February 15, 2011, has recommended the following amendment to the text of Chapter 5, Subsection 5.902(b) of the Code of Ordinances, City of San Angelo, Texas, which said Subsection 5.902 is otherwise known as the “Conditions Under Which Permitted”; and WHEREAS, the governing body for the City of San Angelo, in compliance with the charter and the state law with reference to ordinance amendments, have given requisite notice by publication and otherwise, and after holding hearings and affording a full and fair hearing to all persons interested, generally, is of the opinion that amendment to the text of the Code of Ordinances for the City of San Angelo should be made as set out herein; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO: 1) THAT Chapter 5, Section 5.900, Subsection 5.902(b) of the Code of Ordinances of

the City of San Angelo, Texas shall be and is hereby amended insofar as an addition to the “Conditions Under Which Permitted”, to read as follows:

“There shall not be more than two (2) sales per year by the same property owner or

on the same premises. Such sales may last a maximum of three (3) consecutive calendar days.”

2) THAT the following severability clause is adopted with these amendments: 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 this Ordinance shall be effective from and after the date of its adoption. INTRODUCED on the 1st day of March, 2011, and finally PASSED, APPROVED and ADOPTED on this the 22nd day of March, 2011.

of 2

CITY OF SAN ANGELO by:_______________________________ Alvin New, Mayor ATTEST: by:_________________________________ 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: Morgan Trainer, Budget Analyst, Sr.

Subject: Agenda Item for May 17, 2011 Council Meeting

Contact: Morgan Trainer, Budget Analyst, Sr. 653-6291

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

First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for grants, capital projects and incomplete projects.

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

• Congregate Meals Program • Producers Park Improvements

History: See attached Budget Amendment Request memorandums.

Financial Impact: $251,533 (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, 2010, AND ENDING SEPTEMBER 30, 2011, FOR GRANTS, CAPITAL PROJECTS AND INCOMPLETE 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 2010-2011 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 17th day of May, 2011, and APPROVED and ADOPTED on this the 7th day of June, 2011.

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)

103 Intergovernmental 29,533 29,533 0 601 Designated Revenue 222,000 222,000 0

Totals 251,533 251,533 0

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

Congregate Meals Program Concho Valley Council of

Governments Area Agency on Aging

29,533 29,533 0

Producers Park Improvements Private donation 222,000 222,000 0

. City of San Angelo



From: Sandra J. Villarreal


Contact: Sandra Villarreal or Rick Weise

Caption: Regular Item

Introduction of an Ordinance amending the Code of Ordinances of the City of San Angelo, Texas by amending Chapter 2, Article 2.3800, Entitled, “Animal Shelter Advisory Committee”, Section 2.3803 Entitled “Composition”, of the Code of Ordinances of the City of San Angelo, Texas amending the residency requirements for voting Animal Shelter Advisory Committee members and providing for an exception for licensed veterinarians who maintain a physical location for their practice within the city from said requirements; and making related amendments to voting member provisions; providing for severability; and, providing for an effective date.

Summary/History: On May 17, 2011, Council discussed a proposed staff presentation and recommendation of residency requirements of Animal Shelter Advisory Committee members. Upon discussion, council approved the changes to the ordinance, to require voting members be residents of the City of San Angelo, and providing veterinarians a residency exception if the licensed veterinarian maintains a physical location for their practice within the city limits.

On December 7, 2010, Council adopted an Ordinance amending and replacing Chapter 2, Article 2.3800 “Animal Services Board” with a New Article 2.3800, entitled “Animal Shelter Advisory Committee”.

On review, the adopted Article inadvertently does not contain a City of San Angelo residency clause for the members of the Animal Shelter Advisory Committee. The original Chapter 2, Article 2.3800, Sec. 2.3801, clearly states “All members shall be residents of the City of San Angelo”. The newly adopted ordinance mentions City of San Angelo residency for only two (2) of the seven (7) voting members: Sec. 2.3803 Composition, (A) Voting Members, specifies two (2) individuals who are residents of the City of San Angelo who are not affiliated with, members of, or associated with an animal organization.

It is the intent that Voting Members of the Animal Shelter Advisory Committee be Residents of the City of San Angelo since they recommend and make suggestions on Ordinances applicable to the City of San Angelo.

Licensed Veterinarians serving on the Advisory Committee may be allowed to reside outside the City of San Angelo corporate limits, only if they maintain a physical location for their practice within the corporate limits of the City.

Financial Impact: None

Related Vision Item

(if applicable):

Neighborhood Vision


Staff recommends . . .Approval

Attachments: Original Article 2.3800, Animal Services Board, Sec. 2.3801, Created; Members; Terms, (for Historical Reference) Article 2.3800 Animal Shelter Advisory Committee (Adopted 12/7/10) Copy of Ordinance Amendment Article 2.3800, Animal Shelter Advisory Committee (showing proposed changes made)

Presentation: Powerpoint

Publication:

Reviewed by Director:

Rick Weise

Approved by Legal:

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 2, ARTICLE 2.3800, ENTITLED “ANIMAL SHELTER ADVISORY COMMITTEE”, SECTION 2.3803 ENTITLED “COMPOSITION”, OF THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS AMENDING THE RESIDENCY REQUIREMENTS FOR VOTING ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS AND PROVIDING FOR AN EXCEPTION FOR LICENSED VETERINARIANS WHO MAINTAIN A PHYSICAL LOCATION FOR THEIR PRACTICE WITHIN THE CITY FROM SAID RESIDENCY REQUIREMENTS; AND MAKING RELATED AMENDMENTS TO VOTING MEMBER PROVISIONS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

ARTICLE 2.3800 ANIMAL SHELTER ADVISORY COMMITTEE

Sec. 2.3801 Authority

In accordance with the authority granted under V.T.C.A., Health & Safety Code § 823, “Animal Shelter,” the governing body of a municipality in which an animal shelter is located shall appoint an advisory committee to assist such shelter in complying with the requirements of this article.

Sec. 2.3802 Purpose The purpose of the Animal Shelter Advisory Committee shall be to assist the City of San Angelo Animal Shelter in complying with the standards and requirements for the operation of animal shelters under state and local law, including standards and requirements for housing and sanitation, animal control officer training under Chapter 829, veterinarians, records and inspections, impoundment, rabies control, quarantine and adoption, and including providing recommendations related to the authority of the committee hereunder to City Council.

Sec. 2.3803 Composition

The Animal Shelter Advisory Committee shall be appointed by City Council and shall be composed of ten (10) members, seven (7) of whom shall be voting members and three (3) of whom shall be non-voting members, as follows. All voting members are required to be residents of the city; however, licensed veterinarians who maintain a physical location for their practice within the corporate limits of the city are excepted from the aforesaid residency requirement.

(A) Voting Members

• two (2) licensed veterinarians preferred, • one (1) individual who owns, operates, is employed by or in a business related to the

production, sale, distribution or care of animals or livestock • two (2) individuals who represent an animal welfare organization

• two (2) individuals who are not affiliated with, members of, or associated with an animal organization

(B) Non-Voting Members

• one (1) Municipal Official, who shall be the Health Services Manager of the City of San Angelo

• one (1) individual whose duties include the daily operation of the animal shelter and who shall be the Animal Services Manager of the City of San Angelo

• one (1) County Elected Official

Sec. 2.3804 Term

The term of office for the Health Services Manager of the City of San Angelo and the Animal Services Manager of the City of San Angelo shall serve an indefinite term until their successor is duly appointed and qualified. All voting members of the committee shall serve a term of two (2) years, or until a successor is appointed and qualified. However, to provide for staggered terms for the committee members appointed, one member position serving as veterinarian and one member position serving as a representative from an animal welfare organization, and one member who is not affiliated with, a member of, or associated with an animal organization shall be appointed for a three (3) year term, their successors thereafter to be appointed for a two (2) year term. In no event shall the voting members serve more than two (2) consecutive terms. The committee member’s two (2) year term shall coincide with their city councilperson’s two (2) year term.

Sec. 2.3805 Removal and Vacancy

Members of the Animal Shelter Advisory Committee may be removed for good cause by city council. City council shall appoint a suitable person to serve the remaining term of a committee member whose place becomes vacant for any reason. Appointees shall serve until the city council designates a replacement.

Sec. 2.3806 Election of Officers

The Animal Shelter Advisory Committee shall elect a chairperson and a vice-chairperson from its membership for terms to be determined by the advisory committee. The chairperson shall appoint subcommittees to hear evidence or for any other purpose as deemed necessary by the Animal Shelter Advisory Committee in order to execute more effectively its duties and responsibilities.

Sec. 2.3807 Meetings

The Animal Shelter Advisory Committee shall meet a minimum of four (4) times a year at a time and place to be determined by the chairperson of the committee, provided that if a quorum is not present at any regularly scheduled meeting, the chairperson shall call a special meeting within seven (7) days of the regular meeting in order to transact said business with minimum delay, and

said chairman shall continue to call special meetings until a quorum is present. Meetings of the Animal Shelter Advisory Committee shall be conducted in compliance with the Texas Open Meetings Act. The Chairperson may call a special meeting to conduct business outside of the regularly scheduled meeting as needed.

Sec. 2.3808 Quorum

A quorum shall consist of a simple majority of the members of the committee.

Sec. 2.3809 Rules, Regulations and By-Laws

The Animal Shelter Advisory Committee shall have the power to make rules, regulations and by-laws for its own government in conformity with the laws of the State of Texas; all of said rules, regulations and by-laws shall be approved by the city council.

Sec. 2.3810 Compensation

Members of the Animal Shelter Advisory Committee shall serve without compensation.

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, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,

APPROVED and ADOPTED on this the _____ day of _______________2011.

CITY OF SAN ANGELO

ATTEST: _______________________ BY: Alicia Ramirez, City Clerk Alvin New, Mayor Approved as to content: Approved as to form: Sandra Villarreal Lysia H. Bowling Health Services Manager City Attorney

6/1/2011

1

City CouncilJune 7, 2011

Animal ServicesHISTORY:

• May 17, 2011 – Council discussed Residency Requirements of ASAC as presented by staff who Requirements of ASAC as presented by staff, who sought direction from Council. Council approved recommendations.

• Dec. 7, 2010 – Council adopted new Article 2.3800, Animal Shelter Advisory Committee (ASAC)• New Article inadvertently does not contain a City of • New Article – inadvertently does not contain a City of

San Angelo Residency Clause for the members of ASAC. (only for two (2) of the seven (7) members)

6/1/2011

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Animal ServicesPROPOSAL (presented on May 17, 2011)

ASAC b b id t f th Cit f S A l • ASAC members be residents of the City of San Angelo (they recommend and make suggestions on Ordinances applicable to the City)

• Professional Veterinarians serving on ASAC may be ll d t id t id it li it l if th allowed to reside outside city limits, only if they

operate a veterinary hospital or clinic inside the city limits

Animal ServicesSection 2.3803 Composition

The Animal Shelter Advisory Committee shall be appointed by City Council and shall be composed of appointed by City Council and shall be composed of ten (10) members, seven (7) of whom shall be voting members and three (3) of whom shall be non-voting members, as follows. All voting members are required to be residents of the city; however, licensed veterinarians who maintain a physical location for their p ypractice within the corporate limits of the city are excepted from the aforesaid residency requirements.

6/1/2011

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Animal Services(A) Voting Members

• Two (2) licensed veterinarians preferred,

O (1) i di id l h t i l d b • One (1) individual who owns, operates, is employed by or in a business related to the production, sale, distribution or care of animals or livestock,

• Two (2) individuals who represent an animal welfare organization

T (2) i di id l h t ffili t d ith • Two (2) individuals who are not affiliated with, members of, or associated with an animal organization

Animal Services(B) Non-Voting Members

• One (1) Municipal Official, who shall be the Health Services Manager of the City of San AngeloServices Manager of the City of San Angelo

• One (1) individual whose duties include the daily operation of the animal shelter and who shall be the Animal Services manager of the City of San Angelo

• One (1) County Elected Official

City of San Angelo

Memo Date: 5/26/11


From: Finance Department, Michael Dane

Subject: Agenda Item for (6/07/11) Council Meeting

Contact: Michael Dane, Finance Department, Phone# 657-4268


Consider adoption of an ordinance authorizing the issuance and sale of City of San Angelo, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2011A, for capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; levying an annual ad valorem tax and providing for the payment of said certificates; providing an effective date; and enacting other provisions relating to the subject.

Summary: Adopt an ordinance for the issuance of Series 2011A Certificates of Obligation. Series 2011A series are associated with the following projects. Projects include: Concho River, Sports and Recreational facilities, San Angelo fair grounds, City Auditorium, Airport, City Parks, and Fort Concho Improvements. All of these projects are associated with the Development Corporation Phase III.

History: Publication of notice of intention to issue combination tax and revenue C.O.’s

approved by council 4/19/11.

Financial Impact: Debt service obligation associated with issuance. Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of ordinance to issue 2011A Certificates of Obligation. Attachments: 2011 Series Ordinance2 Presentation: No special equipment is required. Michael Dane will present additional information on

this resolution if required.

Publication: None Reviewed by Service Area Director: Michael Dane, Finance, 5/26/11

Approved by Legal:

ORDINANCE NO. ___________

ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN ANGELO, TEXAS,COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION,SERIES 2011A, FOR CAPITAL IMPROVEMENT PROJECTS CONSISTING OF PUBLIC PARKIMPROVEMENTS, INCLUDING TRAIL IMPROVEMENTS AND CONCHO RIVER BANKSTABILIZATION AND DREDGING, RENOVATING AND IMPROVING THE MUNICIPALAUDITORIUM, CONSTRUCTING, IMPROVING AND EQUIPPING SPORTS AND ATHLETICFACILITIES, ADDITIONS AND IMPROVEMENTS TO THE FORT CONCHO NATIONALHISTORICAL LANDMARK, INCLUDING FEES FOR STUDY AND DESIGN OF THE VISITORS'CENTER, IMPROVEMENTS AND RENOVATIONS AT THE SAN ANGELO FAIRGROUNDS,INCLUDING LIVESTOCK BARNS AND RELATED INFRASTRUCTURE AND RENOVATINGCITY ADMINISTRATIVE OFFICES AT THE MUNICIPAL AIRPORT; LEVYING AN ANNUALAD VALOREM TAX AND PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES;PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TOTHE SUBJECT.

THE STATE OF TEXAS §COUNTY OF TOM GREEN §CITY OF SAN ANGELO §

WHEREAS, the City Council of the City of San Angelo, Texas, deems it advisable to issueCertificates of Obligation in the amount of $13,760,000 for the purposes hereinafter set forth; and

WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued anddelivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code and Chapter 1502, TexasGovernment Code; and

WHEREAS, the City Council has heretofore passed a resolution authorizing and directing the CityClerk to give notice of intention to issue Certificates of Obligation, and said notice has been duly published ina newspaper of general circulation in said City, said newspaper being a "newspaper" as defined in §2051.044,Texas Government Code; and

WHEREAS, the City received no petition from the qualified electors of the City protesting the issuanceof such Certificates of Obligation;

WHEREAS, it is considered to be to the best interest of the City that said interest-bearing Certificatesof Obligation be issued; and

WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinancehas been adopted was open to the public and public notice of the time, place and subject matter of the publicbusiness to be considered and acted upon at said meeting, including this Ordinance, was given, all as requiredby the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore

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

Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The recitals setforth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth inthis Section. The certificates of the City of San Angelo, Texas (the "Issuer") are hereby authorized to be issued

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and delivered in the aggregate principal amount of $13,760,000 for paying all or a portion of the City'scontractual obligations incurred in connection with (i) constructing, installing and equipping public parkimprovements, including trail improvements and Concho River bank stabilization and dredging, (ii) renovating,improving, expanding, equipping and furnishing the municipal auditorium, (iii) constructing, improving andequipping sports and athletic facilities, including ball fields and aquatic facilities, and the acquisition of landand interests in land for such facilities, (iv) constructing, installing and equipping additions and improvementsto the Fort Concho National Historical Landmark, including professional fees for study and design of theVisitors' Center, and (v) legal, fiscal, design and other professional fees in connection with such projects(collectively, the "Project").

Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES ANDINTEREST RATES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall bedesignated: "CITY OF SAN ANGELO, TEXAS, COMBINATION TAX AND LIMITED SURPLUSREVENUE CERTIFICATE OF OBLIGATION, SERIES 2011A," and initially there shall be issued, sold,and delivered hereunder one fully registered certificate, without interest coupons, dated June 1, 2011, in theprincipal amount stated above and in the denominations hereinafter stated, numbered T-1, with certificatesissued in replacement thereof being in the denominations and principal amounts hereinafter stated andnumbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initialcertificate being made payable to the initial purchaser as described in Section 10 hereof), or to the registeredassignee or assignees of said certificates or any portion or portions thereof (in each case, the "RegisteredOwner"), and said certificates shall mature and be payable serially on February 15 in each of the years and inthe principal amounts, respectively, and shall bear interest from the dates set forth in the FORM OFCERTIFICATE set forth in Section 4 of this Ordinance to their respective dates of maturity or redemptionprior to maturity at the rates per annum, as set forth in the following schedule:

YearsPrincipalAmount

InterestRates

2026 $ 975,000

2027 1,020,000

2028 1,065,000

2029 1,115,000

2030 1,170,000

2031 1,240,000

2032 1,295,000

2033 1,360,000

2034 1,430,000

2035 1,510,000

2036 1,590,000

The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initiallyissued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well asall other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificate"shall mean any of the Certificates.

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Section 3. CHARACTERISTICS OF THE CERTIFICATES.

(a) Registration, Transfer, Conversion and Exchange. The Issuer shall keep or cause to be kept atthe principal corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas,or its successor (the "Paying Agent/Registrar"), books or records for the registration of the transfer, conversionand exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the PayingAgent/Registrar as its registrar and transfer agent to keep such books or records and make such registrationsof transfers, conversions and exchanges under such reasonable regulations as the Issuer and PayingAgent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers,conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in theRegistration Books the address of the registered owner of each Certificate to which payments with respect tothe Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notifythe Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interestpayments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect theRegistration Books during regular business hours of the Paying Agent/Registrar, but otherwise the PayingAgent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall notpermit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard orcustomary fees and charges for making such registration, transfer, conversion, exchange and delivery of asubstitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges ofCertificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATEset forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it fromeach other Certificate.

Except as provided in Section 3(c) of this Ordinance, an authorized representative of the PayingAgent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, andno such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. ThePaying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversionand exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governingbody of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange ofany Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, anddelivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be printed ortyped on paper of customary weight and strength. Pursuant to Chapter 1201, Government Code, as amended,the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the PayingAgent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall bevalid, incontestable, and enforceable in the same manner and with the same effect as the Certificates thatinitially were issued and delivered pursuant to this Ordinance, approved by the Attorney General and registeredby the Comptroller of Public Accounts.

(b) Payment of Certificates and Interest. The Issuer hereby further appoints the PayingAgent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all asprovided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made bythe Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchangesof Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event ofa nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record datefor such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if andwhen funds for the payment of such interest have been received from the Issuer. Notice of the past due interestshall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class

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postage prepaid, to the address of each registered owner appearing on the Registration Books at the close ofbusiness on the last business day next preceding the date of mailing of such notice.

(c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons,with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii)may be redeemed prior to their scheduled maturities (notice of which shall be given to the PayingAgent/Registrar by the Issuer at least 50 days prior to any such redemption date), (iii) may be converted andexchanged for other Certificates, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi)shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shallbe payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certainduties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effectas required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificate initiallyissued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by thePaying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for anyCertificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the PAYINGAGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OFCERTIFICATE.

(d) Paying Agent/Registrar for the Certificates. The Issuer covenants with the registered owners ofthe Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent andlegally qualified bank, trust company, financial institution, or other entity to act as and perform the servicesof Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar willbe one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar uponnot less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days priorto the next principal or interest payment date after such notice. In the event that the entity at any time actingas Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwisecease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank,trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance.Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transferand deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relatingto the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon anychange in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by thenew Paying Agent/Registrar to each Registered Owner of the Certificates, by United States mail, first-classpostage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting theposition and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisionsof this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.

(e) Authentication. Except as provided below, no Certificate shall be valid or obligatory for anypurpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon theCertificate of Paying Agent/Registrar substantially in the form provided in this Ordinance, duly authenticatedby manual execution of the Paying Agent/Registrar. It shall not be required that the same authorizedrepresentative of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of theCertificates. In lieu of the executed Certificate of Paying Agent/Registrar described above, the InitialCertificate delivered on the closing date shall have attached thereto the Comptroller's Registration Certificatesubstantially in the form provided in this Ordinance, manually executed by the Comptroller of Public Accountsof the State of Texas or by his duly authorized agent, which certificate shall be evidence that the InitialCertificate has been duly approved by the Attorney General of the State of Texas and that it is a valid andbinding obligation of the Issuer, and has been registered by the Comptroller.

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(f) Book-Entry Only System. The Certificates issued in exchange for the Certificate initially issuedto the initial purchaser specified herein shall be initially issued in the form of a separate single fully registeredCertificate for each of the maturities thereof. Upon initial issuance, the ownership of each such Certificate shallbe registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Certificates shall be registeredin the name of Cede & Co., as nominee of DTC.

With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Issuer andthe Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers,banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC wascreated ("DTC Participant") to hold securities to facilitate the clearance and settlement of securitiestransactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds aninterest in the Certificates. Without limiting the immediately preceding sentence, the Issuer and the PayingAgent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records ofDTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) thedelivery to any DTC Participant or any other person, other than a Registered Owner of Certificates, as shownon the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTCParticipant or any other person, other than a Registered Owner of Certificates, as shown in the RegistrationBooks of any amount with respect to principal of or interest on the Certificates. Notwithstanding any otherprovision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treatand consider the person in whose name each Certificate is registered in the Registration Books as the absoluteowner of such Certificate for the purpose of payment of principal and interest with respect to such Certificate,for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever.The Paying Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the orderof the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respectiveattorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy anddischarge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to theextent of the sum or sums so paid. No person other than a Registered Owner, as shown in the RegistrationBooks, shall receive a Certificate evidencing the obligation of the Issuer to make payments of principal andinterest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice tothe effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to theprovisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the closeof business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee ofDTC.

The previous execution and delivery of the Blanket Letter of Representations with respect toobligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicableto the Certificates.

(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event thatthe Issuer determines that DTC is incapable of discharging its responsibilities described herein and in therepresentations letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of theCertificates that they be able to obtain certificated Certificates, the Issuer shall (i) appoint a successor securitiesdepository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, asamended, notify DTC and DTC Participants of the appointment of such successor securities depository andtransfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTCParticipants of the availability through DTC of Certificates and transfer one or more separate certificatedCertificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the

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Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede &Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or itsnominee, or in whatever name or names Registered Owners transferring or exchanging Certificates shalldesignate, in accordance with the provisions of this Ordinance.

(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments withrespect to principal of and interest on such Certificate and all notices with respect to such Certificate shall bemade and given, respectively, in the manner provided in the representations letter of the Issuer to DTC.

(i) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entireprincipal amount of the Certificates, payable in stated installments to the purchaser designated in Section 10or its designee, executed by manual or facsimile signature of the Mayor and Deputy City Clerk of the Issuer,approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of PublicAccounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for theinitial Certificate, the Paying Agent/Registrar shall cancel the initial Certificate and deliver to the DepositoryTrust Company on behalf of such purchaser one registered definitive Certificate for each year of maturity ofthe Certificates, in the aggregate principal amount of all of the Certificates for such maturity.

Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of PayingAgent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificateof the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issuedand delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriatevariations, omissions or insertions as are permitted or required by this Ordinance.

(a) Form of Certificate.

NO. R-UNITED STATES OF AMERICA

STATE OF TEXAS

PRINCIPALAMOUNT

$_________CITY OF SAN ANGELO, TEXAS

COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION SERIES 2011A

Interest Rate Dated Date Maturity Date CUSIP No.

June 1, 2011 February 15, ____

REGISTERED OWNER:

PRINCIPAL AMOUNT: DOLLARS

ON THE MATURITY DATE specified above, the City of San Angelo, in Tom Green County, Texas(the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promisesto pay to the Registered Owner specified above, or registered assigns (hereinafter called the "RegisteredOwner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promisesto pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from June 1, 2011 at the Interest Rate per annum specified above. Interest is payable on August

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15, 2011 and semiannually on each February 15 and August 15 thereafter to the Maturity Date specified above,or the date of redemption prior to maturity; except, if this Certificate is required to be authenticated and thedate of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shallbear interest from the interest payment date next preceding the date of authentication, unless such date ofauthentication is after any Record Date but on or before the next following interest payment date, in which casesuch principal amount shall bear interest from such next following interest payment date; provided, however,that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which thisCertificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the dateto which such interest has been paid in full.

THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of theUnited States of America, without exchange or collection charges. The principal of this Certificate shall bepaid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon thedate fixed for its redemption prior to maturity, at the principal corporate trust office of The Bank of New YorkMellon Trust Company, N.A., Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate. Thepayment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered ownerhereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by thePaying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizingthe issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrarfor such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrarby United States mail, first-class postage prepaid, on each such interest payment date, to the registered ownerhereof, at its address as it appeared on the last business day of the month preceding each such date (the "RecordDate") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition,interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at therisk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled paymentdate, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") willbe established by the Paying Agent/Registrar, if and when funds for the payment of such interest have beenreceived from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past dueinterest (which shall be 15 days after the Special Record Date) shall be sent at least five business days priorto the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner ofa Certificate appearing on the Registration Books at the close of business on the last business day nextpreceding the date of mailing of such notice.

ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior tomaturity as provided herein shall be paid to the registered owner upon presentation and surrender of thisCertificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar.The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date,interest payment date, and accrued interest payment date for this Certificate it will make available to the PayingAgent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amountsrequired to provide for the payment, in immediately available funds, of all principal of and interest on theCertificates, when due.

IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday,Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trustoffice of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the datefor such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or dayon which banking institutions are authorized to close; and payment on such date shall have the same force andeffect as if made on the original date payment was due.

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THIS CERTIFICATE is one of a series of Certificates dated June 1, 2011, authorized in accordancewith the Constitution and laws of the State of Texas in the principal amount of $13,760,000 for paying all ora portion of the City's contractual obligations incurred in connection with (i) constructing, installing andequipping public park improvements, including trail improvements and Concho River bank stabilization anddredging, (ii) renovating, improving, expanding, equipping and furnishing the municipal auditorium, (iii)constructing, improving and equipping sports and athletic facilities, including ball fields and aquatic facilities,and the acquisition of land and interests in land for such facilities, (iv) constructing, installing and equippingadditions and improvements to the Fort Concho National Historical Landmark, including professional fees forstudy and design of the Visitors' Center, and (v) legal, fiscal, design and other professional fees in connectionwith such projects (collectively, the "Project").

ON FEBRUARY 15, 2020, or any date thereafter, the certificates of this series may be redeemed priorto their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawfulsource, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemedshall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed onlyin an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plusaccrued interest to the date fixed for redemption.

AT LEAST 30 days prior to the date fixed for any redemption of Certificates or portions thereof priorto maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United Statesmail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to theregistered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to suchredemption date; provided, however, that the failure of the registered owner to receive such notice, or any defecttherein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings forthe redemption of any Certificate. By the date fixed for any such redemption due provision shall be made withthe Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portionsthereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for suchpayment is made, all as provided above, the Certificates or portions thereof that are to be so redeemed therebyautomatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interestafter the date fixed for redemption, and they shall not be regarded as being outstanding except for the right ofthe registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds providedfor such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificateshaving the same maturity date, bearing interest at the same rate, in any denomination or denominations in anyintegral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amountequal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof forcancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance.

IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either beendeposited with the Paying Agent/Registrar or legally authorized escrow agent immediately available fundssufficient to redeem all the Certificates called for redemption, such notice may state that it is conditional, andis subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrowagent at or prior to the redemption date, and such notice shall be of no effect unless such moneys are sodeposited on or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrarshall, within five days thereafter, give notice in the manner in which the notice of redemption was given thatsuch moneys were not so received and shall rescind the redemption.

ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, withoutinterest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate

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Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, beassigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registeredcertificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, asthe case may be, having the same denomination or denominations in any integral multiple of $5,000 asrequested in writing by the appropriate registered owner, assignee or assignees, as the case may be, uponsurrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form andprocedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer,this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with properinstruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof isor are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed bythe registered owner to evidence the assignment hereof, but such method is not exclusive, and other instrumentsof assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of thisCertificate or any portion or portions hereof from time to time by the registered owner. The PayingAgent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, convertingand exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any taxesor governmental charges required to be paid with respect thereto shall be paid by the one requesting suchassignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. ThePaying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during theperiod commencing with the close of business on any Record Date and ending with the opening of business onthe next following principal or interest payment date, or (ii) with respect to any Certificate or any portionthereof called for redemption prior to maturity, within 45 days prior to its redemption date.

IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, orotherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly willappoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed tothe registered owners of the Certificates.

IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validlyauthorized, issued and delivered; that all acts, conditions and things required or proper to be performed, existand be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed,existed and been done in accordance with law; that this Certificate is a general obligation of said Issuer, issuedon the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment ofthe interest on and principal of this Certificate, as such interest comes due and such principal matures, havebeen levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for suchpayment, within the limit prescribed by law, and that this Certificate is additionally secured by and payablefrom a limited pledge of the net revenues of the Issuer's waterworks and sewer system remaining after paymentof all operation and maintenance expenses thereof, and all debt service, reserve and other requirements inconnection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are payable from allor part of said revenues, all as provided in the Certificate Ordinance.

THE ISSUER HAS RESERVED THE RIGHT to amend the Certificate Ordinance as providedtherein, and under some (but not all) circumstances amendments thereto must be approved by the registeredowners of a majority in aggregate principal amount of the outstanding Certificates.

BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledgesall of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions,

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acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutesand records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate andthe Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer.

IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual orfacsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro Tem) andcountersigned with the manual or facsimile signature of the City Clerk of said Issuer, and has caused theofficial seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate.

(signature) (signature)City Clerk Mayor

(SEAL)

(b) Form of Paying Agent/Registrar's Authentication Certificate.

PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE(To be executed if this Certificate is not accompanied by an executed Registration

Certificate of the Comptroller of Public Accounts of the State of Texas)

It is hereby certified that this Certificate has been issued under the provisions of the CertificateOrdinance described in the text of this Certificate; and that this Certificate has been issued in conversion orreplacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of aseries that originally was approved by the Attorney General of the State of Texas and registered by theComptroller of Public Accounts of the State of Texas.

Dated: _________________________. The Bank of New York Mellon Trust Company, N.A.Dallas, TexasPaying Agent/Registrar

By: Authorized Representative

(c) Form of Assignment.

ASSIGNMENT(Please print or type clearly)

For value received, the undersigned hereby sells, assigns and transfers unto:

Transferee's Social Security or Taxpayer Identification Number:

Transferee's name and address, including zip code:

the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints

, attorney, to register the transfer of

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the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.

Dated: .

Signature Guaranteed:

NOTICE: Signature(s) must be guaranteed by aneligible guarantor institution participating in asecurities transfer association recognized signatureguarantee program.

NOTICE: The signature above must correspond withthe name of the registered owner as it appears uponthe front of this Certificate in every particular,without alteration or enlargement or any changewhatsoever.

(d) Form of Registration Certificate of the Comptroller of Public Accounts.

COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.

I hereby certify that this Certificate has been examined, certified as to validity and approved by theAttorney General of the State of Texas, and that this Certificate has been registered by the Comptroller ofPublic Accounts of the State of Texas.

Witness my signature and seal this .

Comptroller of Public Accounts of the State of Texas

(COMPTROLLER'S SEAL)

(e) Initial Certificate Insertions.

(i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, exceptthat:

A. immediately under the name of the Certificate, the headings "Interest Rate" and"Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No._____" shall be deleted.

B. the first paragraph shall be deleted and the following will be inserted:

"THE CITY OF SAN ANGELO, TEXAS, in Tom Green County, Texas (the "Issuer"), being a politicalsubdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Ownerspecified above, or registered assigns (hereinafter called the "Registered Owner"), on February 15 in each ofthe years, in the principal installments and bearing interest at the per annum rates set forth in the followingschedule:

Years Principal Installments Interest Rates

(Information from Section 2 to be inserted)

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The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-dayyear of twelve 30-day months) from June 1, 2011 at the respective Interest Rate per annum specified above.Interest is payable on August 15, 2011, and semiannually on each February 15 and August 15 thereafter to thedate of payment of the principal installment specified above, or the date of redemption prior to maturity; except,that if this Certificate is required to be authenticated and the date of its authentication is later than the firstRecord Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment datenext preceding the date of authentication, unless such date of authentication is after any Record Date but onor before the next following interest payment date, in which case such principal amount shall bear interest fromsuch next following interest payment date; provided, however, that if on the date of authentication hereof theinterest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but hasnot been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full."

C. The Initial Certificate shall be numbered "T-1."

Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES.

(a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintainedby the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be keptseparate and apart from all other funds and accounts of said Issuer, and shall be used only for paying theinterest on and principal of said Certificates. All amounts received from the sale of the Certificates as accruedinterest shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied andcollected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interestand Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governingbody of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient toraise and produce the money required to pay the interest on said Certificates as such interest comes due, andto provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principalmatures (but never less than 2% of the original amount of said Certificates as a sinking fund each year); andsaid tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for taxdelinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and ishereby ordered to be levied, against all taxable property in said Issuer, for each year while any of saidCertificates are outstanding and unpaid, and said tax shall be assessed and collected each such year anddeposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to providefor the payment of the interest on and principal of said Certificates, as such interest comes due and suchprincipal matures, are hereby pledged for such payment, within the limit prescribed by law.

(b) The Certificates are additionally secured by revenues of the Issuer's waterworks and sewer systemthat remain after the payment of all maintenance and operation expenses thereof, and all debt service, reserveand other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding)that are secured by a lien on all or any part of the net revenues of the Issuer's waterworks and sewer system,constituting "Surplus Revenues", with such Surplus Revenues from the waterworks and sewer system not toexceed $1,000. The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fundcreated pursuant to subsection (a) of this section, to the extent necessary to pay the principal and interest onthe Certificates. Notwithstanding the requirements of subsection (a) of this section, if Surplus Revenues orother lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund inadvance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxesthat otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent andby the amount of the Surplus Revenues or other lawfully available funds then on deposit in the Interest andSinking Fund.

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(c) Article 1208, Government Code, applies to the issuance of the Certificates of Obligation and thepledge of the taxes and Surplus Revenues granted by the Issuer under this Section, and is therefore valid,effective, and perfected. Should Texas law be amended at any time while the Certificates of Obligation areoutstanding and unpaid, the result of such amendment being that the pledge of the taxes and Surplus Revenuesgranted by the Issuer under this Section, is to be subject to the filing requirements of Chapter 9, Business &Commerce Code, in order to preserve to the registered owners of the Certificates of Obligation a securityinterest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessaryunder Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code andenable a filing of a security interest in said pledge to occur.

Section 6. DEFEASANCE OF CERTIFICATES.

(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longeroutstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided insubsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to thedue date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made orcaused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before suchdue date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance withan escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful moneyof the United States of America sufficient to make such payment or (2) Defeasance Securities that mature asto principal and interest in such amounts and at such times as will insure the availability, without reinvestment,of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuerwith the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall havebecome due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder,as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitledto the benefits of, the ad valorem taxes herein levied and pledged or the limited pledge of Surplus Revenues asprovided in this Ordinance, and such principal and interest shall be payable solely from such money orDefeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is herebyprovided that any determination not to redeem Defeased Certificates that is made in conjunction with thepayment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that: (1) in theproceedings providing for such payment arrangements, the Issuer expressly reserves the right to call theDefeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of theDefeased Certificates immediately following the making of the payment arrangements; and (3) directs thatnotice of the reservation be included in any redemption notices that it authorizes.

(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of theIssuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, andall income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for thepayment of the Certificates and interest thereon, with respect to which such money has been so deposited, shallbe turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreementpursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificatesmay contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities orthe substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which isnot required for the payment of the Defeased Certificates, with respect to which such money has been sodeposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.

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(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States ofAmerica, including obligations that are unconditionally guaranteed by the United States of America., (ii)noncallable obligations of an agency or instrumentality of the United States of America, including obligationsthat are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of thepurchase thereof are rated as to investment quality by a nationally recognized investment rating firm not lessthan AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,or other political subdivision of a state that have been refunded and that, on the date the governing body of theIssuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investmentquality by a nationally recognized investment rating firm not less than AAA or its equivalent.

(d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrarshall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had notbeen defeased, and the Issuer shall make proper arrangements to provide and pay for such services as requiredby this Ordinance.

(e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates ofa maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by suchrandom method as it deems fair and appropriate.

Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.

(a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost,stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a newcertificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen ordestroyed Certificate, in replacement for such Certificate in the manner hereinafter provided.

(b) Application for Replacement Certificates. Application for replacement of damaged, mutilated,lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the PayingAgent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying fora replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security orindemnity as may be required by them to save each of them harmless from any loss or damage with respectthereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish tothe Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction ofsuch Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registeredowner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated.

(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event anysuch Certificate shall have matured, and no default has occurred that is then continuing in the payment of theprincipal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the paymentof the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead ofissuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section.

(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate,the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, andother expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of thisSection by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractualobligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or

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be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionatelywith any and all other Certificates duly issued under this Ordinance.

(e) Authority for Issuing Replacement Certificates. In accordance with Sec. 1206.022, GovernmentCode, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacementcertificate without necessity of further action by the governing body of the Issuer or any other body or person,and the duty of the replacement of such certificates is hereby authorized and imposed upon the PayingAgent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the formand manner and with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued inconversion and exchange for other Certificates.

Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BONDCOUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IFOBTAINED; ENGAGEMENT OF BOND COUNSEL.

(a) The Mayor of the Issuer is hereby authorized to have control of the Certificates initially issued anddelivered hereunder and all necessary records and proceedings pertaining to the Certificates pending theirdelivery and their investigation, examination, and approval by the Attorney General of the State of Texas, andtheir registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of theCertificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller)shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of saidComptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of theIssuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on theCertificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall besolely for the convenience and information of the registered owners of the Certificates. In addition, if bondinsurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer.

(b) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initialpurchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bondcounsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of theCertificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connectionwith issuance, sale and delivery of the Certificates is hereby approved and confirmed. The execution anddelivery of an engagement letter between the Issuer and such firm, with respect to such services as bondcounsel, is hereby authorized in such form as may be approved by the Mayor, and the Mayor is herebyauthorized to execute such engagement letter.

Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THECERTIFICATES.

(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any actionthat would adversely affect, the treatment of the Certificates as Obligation described in section 103 of the Code,the interest on which is not includable in the "gross income" of the holder for purposes of federal incometaxation. In furtherance thereof, the Issuer covenants as follows:

(1) to take any action to assure that no more than 10 percent of the proceeds of theCertificates (less amounts deposited to a reserve fund, if any) are used for any "private business use,"as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projectsfinanced therewith are so used, such amounts, whether or not received by the Issuer, with respect to

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such private business use, do not, under the terms of this Ordinance or any underlying arrangement,directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service onthe Certificates, in contravention of section 141(b)(2) of the Code;

(2) to take any action to assure that in the event that the "private business use" described insubsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financedtherewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percentis used for a "private business use" that is "related" and not "disproportionate," within the meaning ofsection 141(b)(3) of the Code, to the governmental use;

(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000,or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) isdirectly or indirectly used to finance loans to persons, other than state or local governmental units, incontravention of section 141(c) of the Code;

(4) to refrain from taking any action that would otherwise result in the Certificates beingtreated as "private activity bonds" within the meaning of section 141(b) of the Code;

(5) to refrain from taking any action that would result in the Certificates being "federallyguaranteed" within the meaning of section 149(b) of the Code;

(6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly,to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (asdefined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of theCertificates, other than investment property acquired with –

(A) proceeds of the Certificates invested for a reasonable temporary period of 3 yearsor less or, in the case of a refunding bond, for a period of 30 days or less until such proceedsare needed for the purpose for which the bonds are issued,

(B) amounts invested in a bona fide debt service fund, within the meaning of section1.148-1(b) of the Treasury Regulations, and

(C) amounts deposited in any reasonably required reserve or replacement fund to theextent such amounts do not exceed 10 percent of the proceeds of the Certificates;

(7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated asproceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravenethe requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section149(d) of the Code (relating to advance refundings);

(8) to pay to the United States of America at least once during each five-year period(beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent ofthe "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the UnitedStates of America, not later than 60 days after the Certificates have been paid in full, 100 percent ofthe amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code;and

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(9) to assure that the proceeds of the Certificates will be used solely for new money projects.

(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund"is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall notbe subject to the claim of any other person, including without limitation the certificateholders. The RebateFund is established for the additional purpose of compliance with section 148 of the Code.

(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understandsthat the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the caseof refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the dateof issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein areintended to assure compliance with the Code and any regulations or rulings promulgated by the U.S.Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgatedthat modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be requiredto comply with any covenant contained herein to the extent that such failure to comply, in the opinion ofnationally recognized bond counsel, will not adversely affect the exemption from federal income taxation ofinterest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafterpromulgated that impose additional requirements applicable to the Certificates, the Issuer agrees to comply withthe additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, topreserve the exemption from federal income taxation of interest on the Certificates under section 103 of theCode. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor, City Manager andthe Director of Finance of the City to execute any documents, certificates or reports required by the Code andto make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with thepurpose for the issuance of the Certificates.

(d) Allocation of, and Limitation on, Expenditures for the Project. The Issuer covenants to accountfor the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition ofthe Project on its books and records by allocating proceeds to expenditures within 18 months of the later of thedate that (1) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuershall not expend proceeds of the sale of the Certificates or investment earnings thereon more than 60 days afterthe earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates areretired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure willnot adversely affect the status, for federal income tax purposes, of the Certificates or the interest thereon. Forpurposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that suchfailure to comply will not adversely affect the excludability for federal income tax purposes from gross incomeof the interest.

(e) Disposition of Project. The Issuer covenants that the Project will not be sold or otherwise disposedin a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtainsan opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affectthe tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprisingpersonal property and disposed in the ordinary course shall not be treated as a transaction resulting in thereceipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply withthis covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludabilityfor federal income tax proposes from gross income of the interest.

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Section 10. SALE OF CERTIFICATES AND APPROVAL OF OFFICIAL STATEMENT;FURTHER PROCEDURES.

(a) The Certificates are hereby sold and shall be delivered to _______________________________(the "Underwriters") for the purchase price of $____________________ (representing the par amount of theCertificates of Obligation of $13,760,000.00, less a net reoffering discount of $____________________, andless an Underwriters' discount of $____________________) plus interest accrued thereon to date of delivery(accrued interest to be deposited into the Interest and Sinking Fund) pursuant to the terms and provisions ofa Purchase Agreement which the Mayor is hereby authorized to execute and deliver. It is hereby officiallyfound, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable.The Certificates shall initially be registered in the name of Stifel Nicolaus & Company, Incorporated, or itsdesignee.

(b) The Issuer hereby approves the form and content of the Official Statement relating to theCertificates and any addenda, supplement or amendment thereto, and approves the distribution of such OfficialStatement in the reoffering of the Certificates by the Purchaser in final form, with such changes therein oradditions thereto as the officer executing the same may deem advisable, such determination to be conclusivelyevidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated June____, 2011, prior to the date hereof is hereby ratified and confirmed.

(c) The Mayor, the City Manager, City Clerk, Deputy City Clerk and Director of Finance and all otherofficers, employees and agents of the Issuer, and each of them, shall be and they are hereby expresslyauthorized, empowered and directed from time to time and at any time to do and perform all such acts andthings and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of theIssuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar and all other instruments, whetheror not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of thisOrdinance, the Certificates, the sale of the Certificates and the Official Statement. In case any officer whosesignature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate,such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer hadremained in office until such delivery.

Section 11. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derivedfrom the investment of proceeds from the sale of the Certificates shall be used along with other certificateproceeds for the Project; provided that after completion of such purpose, if any of such interest earnings remainon hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided,however, that any interest earnings on certificate proceeds that are required to be rebated to the United Statesof America pursuant to Section 9 hereof in order to prevent the Certificates from being arbitrage bonds shallbe so rebated and not considered as interest earnings for the purposes of this Section.

Section 12. CONSTRUCTION FUND.

(a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separatefund to be entitled the "Series 2011A Certificate of Obligation Construction Fund" for use by the Issuer forpayment of all lawful costs associated with the acquisition and construction of the Project as hereinbeforeprovided. Upon payment of all such costs, any moneys remaining on deposit in said Fund shall be transferredto the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund shall be used in themanner described in Section 5 of this Ordinance.

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(b) The Issuer may place proceeds of the Certificates (including investment earnings thereon) andamounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds InvestmentAct, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer hereby covenantsthat the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for whichthe Certificates are issued.

(c) All deposits authorized or required by this Ordinance shall be secured to the fullest extent requiredby law for the security of public funds.

Section 13. COMPLIANCE WITH RULE 15c2-12.

(a) Definitions. As used in this Section, the following terms have the meanings ascribed to such termsbelow:

"MSRB" means the Municipal Securities Rulemaking Board.

"Rule" means SEC Rule 15c2-12, as amended from time to time.

"SEC" means the United States Securities and Exchange Commission.

(b) Annual Reports.

(i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed bythe MSRB, within six months after the end of each fiscal year ending in or after 2011, financialinformation and operating data with respect to the Issuer of the general type included in the finalOfficial Statement authorized by Section 10 of this Ordinance, being the information described inExhibit A hereto. Any financial statements so to be provided shall be (1) prepared in accordance withthe accounting principles described in Exhibit A hereto, or such other accounting principles as theIssuer may be required to employ from time to time pursuant to state law or regulation, and (2)audited, if the Issuer commissions an audit of such statements and the audit is completed within theperiod during which they must be provided. If the audit of such financial statements is not completewithin such period, then the Issuer shall provide unaudited financial statements by the required time,and shall provide audited financial statements for the applicable fiscal year to the MSRB, when andif the audit report on such statements become available.

(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the dateof the new fiscal year end) prior to the next date by which the Issuer otherwise would be required toprovide financial information and operating data pursuant to this Section. The financial informationand operating data to be provided pursuant to this Section may be set forth in full in one or moredocuments or may be included by specific reference to any document that is available to the public onthe MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuantto this Section shall be accompanied by identifying information as prescribed by the MSRB.

(c) Event Notices.

(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, ina timely manner (but not in excess of ten business days after the occurrence of the event) of any of the

20

following events with respect to the Certificates, if such event is material within the meaning of thefederal securities laws:

1. Non-payment related defaults;

2. Modifications to rights of Certificateholders;

3. Certificate calls;

4. Release, substitution, or sale of property securing repayment of the Certificates;

5. The consummation of a merger, consolidation, or acquisition involving anobligated person or the sale of all or substantially all of the assets of the obligated person,other than in the ordinary course of business, the entry into a definitive agreement to undertakesuch an action or the termination of a definitive agreement relating to any such actions, otherthan pursuant to its terms; and

6. Appointment of a successor or additional trustee or the change of name of a trustee.

(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, ina timely manner (but not in excess of ten business days after the occurrence of the event) of any of thefollowing events with respect to the Certificates, without regard to whether such event is consideredmaterial within the meaning of the federal securities laws:

1. Principal and interest payment delinquencies;

2. Unscheduled draws on debt service reserves reflecting financial difficulties;

3. Unscheduled draws on credit enhancements reflecting financial difficulties;

4. Substitution of credit or liquidity providers, or their failure to perform;

5. Adverse tax opinions or the issuance by the Internal Revenue Service of proposedor final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) orother material notices or determinations with respect to the tax-exempt status of theCertificates, or other events affecting the tax-exempt status of the Certificates;

6. Tender offers;

7. Defeasances;

8. Rating changes; and

9. Bankruptcy, insolvency, receivership or similar event of an obligated person.

(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer toprovide financial information or operating data in accordance with subsection (b) of this Section bythe time required by such subsection.

21

(d) Limitations, Disclaimers, and Amendments.

(i) The Issuer shall be obligated to observe and perform the covenants specified in this Sectionfor so long as, but only for so long as, the Issuer remains an "obligated person" with respect to theCertificates within the meaning of the Rule, except that the Issuer in any event will give notice of anydeposit made in accordance with this Ordinance or applicable law that causes the Certificates no longerto be outstanding.

(ii) The provisions of this Section are for the sole benefit of the registered owners andbeneficial owners of the Certificates, and nothing in this Section, express or implied, shall give anybenefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuerundertakes to provide only the financial information, operating data, financial statements, and noticeswhich it has expressly agreed to provide pursuant to this Section and does not hereby undertake toprovide any other information that may be relevant or material to a complete presentation of theIssuer's financial results, condition, or prospects or hereby undertake to update any informationprovided in accordance with this Section or otherwise, except as expressly provided herein. The Issuerdoes not make any representation or warranty concerning such information or its usefulness to adecision to invest in or sell Certificates at any future date.

(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THEREGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHERPERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PARTFROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ONITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT ANDREMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OFANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFICPERFORMANCE.

(iv) No default by the Issuer in observing or performing its obligations under this Sectionshall comprise a breach of or default under the Ordinance for purposes of any other provision of thisOrdinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit theduties of the Issuer under federal and state securities laws.

(v) The provisions of this Section may be amended by the Issuer from time to time to adaptto changed circumstances that arise from a change in legal requirements, a change in law, or a changein the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of thisSection, as so amended, would have permitted an underwriter to purchase or sell Certificates in theprimary offering of the Certificates in compliance with the Rule, taking into account any amendmentsor interpretations of the Rule since such offering as well as such changed circumstances and (2) either(a) the registered owners of a majority in aggregate principal amount (or any greater amount requiredby any other provision of this Ordinance that authorizes such an amendment) of the outstandingCertificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such asnationally recognized bond counsel) determined that such amendment will not materially impair theinterest of the registered owners and beneficial owners of the Certificates. The Issuer may also amendor repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals theapplicable provision of the Rule or a court of final jurisdiction enters judgment that such provisionsof the Rule are invalid, but only if and to the extent that the provisions of this sentence would notprevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the

22

Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amendedfinancial information or operating data next provided in accordance with subsection (b) of this Sectionan explanation, in narrative form, of the reason for the amendment and of the impact of any changein the type of financial information or operating data so provided.

Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend thisOrdinance subject to the following terms and conditions, to-wit:

(a) The Issuer may from time to time, without the consent of any holder, except as otherwise requiredby paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect oromission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grantadditional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistentwith the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders,(v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions offederal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questionsarising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shallnot in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.

(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principalamount 51% of the aggregate principal amount of then outstanding Certificates that are the subject of aproposed amendment shall have the right from time to time to approve any amendment hereto that may bedeemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of theholders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permitor be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Certificatesso as to:

(1) Make any change in the maturity of any of the outstanding Certificates;

(2) Reduce the rate of interest borne by any of the outstanding Certificates;

(3) Reduce the amount of the principal of, or redemption premium, if any, payable on anyoutstanding Certificates;

(4) Modify the terms of payment of principal or of interest or redemption premium onoutstanding Certificates or any of them or impose any condition with respect to such payment; or

(5) Change the minimum percentage of the principal amount of any series of Certificatesnecessary for consent to such amendment.

(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shallsend by U.S. mail to each registered owner of the affected Certificates a copy of the proposed amendment andcause notice of the proposed amendment to be published at least once in a financial publication published inThe City of New York, New York or in the State of Texas. Such published notice shall briefly set forth thenature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer forinspection by all holders of such Certificates.

(d) Whenever at any time within one year from the date of publication of such notice the Issuer shallreceive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount ofall of the Certificates then outstanding that are required for the amendment, which instrument or instruments

23

shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, theIssuer may adopt the amendment in substantially the same form.

(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, thisOrdinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, andthe respective rights, duties, and obligations of the Issuer and all holders of such affected Certificates shallthereafter be determined, exercised, and enforced, subject in all respects to such amendment.

(f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall beirrevocable for a period of six months from the date of the publication of the notice provided for in this Section,and shall be conclusive and binding upon all future holders of the same Certificate during such period. Suchconsent may be revoked at any time after six months from the date of the publication of said notice by theholder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocationshall not be effective if the holders of 51% in aggregate principal amount of the affected Certificates thenoutstanding, have, prior to the attempted revocation, consented to and approved the amendment.

(g) For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely upon theregistration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar.

Section 15. DEFAULT AND REMEDIES

(a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinanceis hereby declared to be an Event of Default:

(i) the failure to make payment of the principal of or interest on any of the Certificates whenthe same becomes due and payable; or

(ii) default in the performance or observance of any other covenant, agreement or obligationof the City, the failure to perform which materially, adversely affects the rights of the registeredowners of the Certificates, including, but not limited to, their prospect or ability to be repaid inaccordance with this Ordinance, and the continuation thereof for a period of 60 days after notice ofsuch default is given by any Registered Owner to the City.

(b) Remedies for Default.

(i) Upon the happening of any Event of Default, then and in every case, any Registered Owneror an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, mayproceed against the City for the purpose of protecting and enforcing the rights of the RegisteredOwners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or atlaw, in any court of competent jurisdiction, for any relief permitted by law, including the specificperformance of any covenant or agreement contained herein, or thereby to enjoin any act or thing thatmay be unlawful or in violation of any right of the Registered Owners hereunder or any combinationof such remedies.

(ii) It is provided that all such proceedings shall be instituted and maintained for the equalbenefit of all Registered Owners of Certificates then outstanding.

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(c) Remedies Not Exclusive.

(i) No remedy herein conferred or reserved is intended to be exclusive of any other availableremedy or remedies, but each and every such remedy shall be cumulative and shall be in addition toevery other remedy given hereunder or under the Certificates or now or hereafter existing at law or inequity; provided, however, that notwithstanding any other provision of this Ordinance, the right toaccelerate the debt evidenced by the Certificates shall not be available as a remedy under thisOrdinance.

(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver ofany other available remedy.

(iii) By accepting the delivery of a Certificate authorized under this Ordinance, such Registered Owneragrees that the certifications required to effectuate any covenants or representations contained in this Ordinancedo not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers,employees or trustees of the City or the City Council.

Section 16. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code,Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council.

Section 17. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or wordin this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional bya court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of thisOrdinance, despite such invalidity, which remaining portions shall remain in full force and effect.

(Execution Page Follows)

APPROVED AND ADOPTED ON THE 7 DAY OF JUNE, 2011.TH

THE CITY OF SAN ANGELO, TEXAS

Alvin New, MayorAttest:

[CITY SEAL]Alicia Ramirez, City Clerk

Approved As to Form: Approved As to Content:

Leroy Grawunder, Jr. Michael Dane, Finance DirectorMcCall, Parkhurst & Horton L.L.P.

A-1

EXHIBIT A

Annual Financial Statements and Operating Data

The following information is referred to in Section 13(b) of this Ordinance:

The financial information and operating data with respect to the Issuer to be provided annually in accordancewith such Section are as specified (and included in the Appendix or under the headings of the Official Statementreferred to) below:

-- Tables 1 through 6, inclusive, and 8 through 15, inclusive

-- APPENDIX B (FINANCIAL STATEMENTS FOR THE LAST COMPLETED FISCAL YEAR WHICHWILL BE UNAUDITED, UNLESS AN AUDIT IS PERFORMED IN WHICH EVENT THE AUDITEDFINANCIAL STATEMENTS WILL BE MADE AVAILABLE)

Accounting Principles

The accounting principles referred to in such Section are the accounting principles described in the notes to thefinancial statements referred to in paragraph above.

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

City of San Angelo

Memo Date: 5/26/11






Consider adoption of a resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation for water system projects including groundwater production facilities and collection, treatment, storage and transmission facilities.

Summary: Adopt a resolution directing publication of notice to issue combination tax and revenue certificates to fund water system improvement projects. Projects include: Acquiring, constructing, installing and equipping additions, improvements and extensions to the City’s water system, including groundwater production facilities and collection, treatment, storage and transmission facilities.

History: None

Financial Impact: None Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of resolution for publication. Attachments: Resolution and 2011 120mill publication notice2 Presentation: No special equipment is required. Michael Dane will present additional information on

this resolution if required. Publication: Two public notices will be posted in the newspaper of intent to issue debt associated

with the above projects. Reviewed by Service Area Director: Michael Dane, Finance, 5/26/11

Approved by Legal:

RESOLUTION NO. ______

RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION

TAX AND REVENUE CERTIFICATES OF OBLIGATION FOR WATER SYSTEM PROJECTS

INCLUDING GROUNDWATER PRODUCTION FACILITIES AND COLLECTION, TREATMENT,

STORAGE AND TRANSMISSION FACILITIES

THE STATE OF TEXAS §

COUNTY OF TOM GREEN §

CITY OF SAN ANGELO §

WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of

obligation of the City of San Angelo, Texas, as hereinafter provided; and

WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution

was passed, was open to the public and public notice of the time, place, and purpose of said meeting was

given, all as required by Chapter 551, Texas Government Code.

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO:

1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue

Certificates of Obligation, the form and substance of which is hereby adopted and approved.

2. The City Clerk shall cause said notice to be published in substantially the form attached

hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general

circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication

thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the

issuance of such certificates of obligation as shown in said notice.

3. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED ON THE ________ DAY OF _____________________, 2011.


Attest: Alvin New, Mayor

[CITY SEAL]

Alicia Ramirez, City Clerk


Leroy Grawunder, Jr. Michael Dane, Finance Director

McCall, Parkhurst & Horton L.L.P.

CITY OF SAN ANGELO

NOTICE OF INTENTION TO ISSUE

COMBINATION TAX AND REVENUE

CERTIFICATES OF OBLIGATION FOR WATER SYSTEM PROJECTS

The City of San Angelo, Texas, does hereby give notice of intention to issue interest bearing combination tax

and revenue certificates of obligation, in one or more series, in a principal amount not to exceed

$120,000,000, for paying all or a portion of the City's contractual obligations incurred in connection with

(i) acquiring, constructing, installing and equipping additions, improvements and extensions to the City's

water system, including groundwater production facilities and collection, treatment, storage and transmission

facilities; and (ii) legal, fiscal, design and other professional fees in connection with such projects. The City

proposes to provide for the payment of such combination tax and revenue certificates of obligation from the

levy and collection of ad valorem taxes in the City as provided by law, and from surplus revenues of the

City's waterworks and sewer system remaining after payment of all operation and maintenance expenses

thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue

bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net

revenues of the City's waterworks and sewer system. The City Council tentatively proposes to consider and

adopt, at a regular meeting to be held at 9:00 A.M. on __________________, 2011, an ordinance authorizing

the issuance and sale of the combination tax and revenue certificates of obligation at the McNease Convention

Center, 500 Rio Concho Drive, City Council Chambers, San Angelo, Texas.

City of San Angelo, Texas

City of San Angelo

Memo Date: 5/26/11






Consider adoption of a resolution expressing official intent to reimburse costs of water system improvement projects including groundwater production facilities and collection, treatment, storage and transmission facilities.

Summary: Adopt a resolution to reimburse water system improvement projects. Projects include: Acquiring, constructing, installing and equipping additions, improvements and extensions to the City’s water system, including groundwater production facilities and collection, treatment, storage and transmission facilities.

History: None

Financial Impact: Reimbursement of water system improvement costs incurred by City that will be financed with 2011 C.O. issuance Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of reimbursement resolution for water system improvement projects. Attachments: 2011 120mill reimbursement resolution2 Presentation: No special equipment is required. Michael Dane will present additional information on

this resolution if required. Publication: None Reviewed by Service Area Director: Michael Dane, Finance, 5/26/11

Approved by Legal:

RESOLUTION NO. _______

RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF WATER SYSTEM

IMPROVEMENT PROJECTS INCLUDING GROUNDWATER PRODUCTION FACILITIES AND

COLLECTION, TREATMENT, STORAGE AND TRANSMISSION FACILITIES




WHEREAS, the City of San Angelo, Texas (the "Issuer") is a duly created governmental body of the

State of Texas;

WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with

the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (the

"Projects") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which

a prior expression of intent to finance or refinance is required by Federal or state law (collectively and

individually, the "Obligations") to finance the Projects;

WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such

expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses

to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance

the Projects;

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO,

TEXAS THAT:

Section 1. The Issuer reasonably expects to incur debt, as one or more series of Obligations,

with an aggregate maximum principal amount equal to $120,000,000 for the purpose of paying the costs of

the Projects.

Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No

Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18

months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with

respect to which such expenditures were made, is placed in service.

Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to this

Statement more than three years after the date any expenditure which is to be reimbursed is paid.

Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with

qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall

be issued after 18 months of the date the original expenditure is made.

Section 5. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED ON THE 7 DAY OF JUNE, 2011.th


Alvin New, Mayor

Attest:

[CITY SEAL]





Exhibit A

Acquiring, constructing, installing and equipping additions, improvements and extensions to the City's water

system, including groundwater production facilities and collection, treatment, storage and transmission

facilities.

City of San Angelo

Memo Date: 5/26/11






Consider adoption of a resolution expressing official intent to reimburse costs of municipal capital improvement projects consisting of public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport.

Summary: Adopt a resolution to reimburse capital improvement projects. Projects include: Concho River, Sports and Recreational facilities, San Angelo fair grounds, City Auditorium, Airport, City Parks, and Fort Concho Improvements. All of these projects are associated with the Development Corporation Phase III.

History: None

Financial Impact: Reimbursement of capital improvement costs incurred by City that will be financed with 2011A C.O. issuance Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of reimbursement resolution for capital improvement projects. Attachments: 2011A Series 13.760mill reimbursement resolution2 Presentation: No special equipment is required. Michael Dane will present additional information on


Approved by Legal:

RESOLUTION NO. _______

RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF MUNICIPAL CAPITAL

IMPROVEMENT PROJECTS CONSISTING OF PUBLIC PARK IMPROVEMENTS, INCLUDING TRAIL

IMPROVEMENTS AND CONCHO RIVER BANK STABILIZATION AND DREDGING, RENOVATING

AND IMPROVING THE MUNICIPAL AUDITORIUM, CONSTRUCTING, IMPROVING AND

EQUIPPING SPORTS AND ATHLETIC FACILITIES, ADDITIONS AND IMPROVEMENTS TO THE

FORT CONCHO NATIONAL HISTORICAL LANDMARK, INCLUDING FEES FOR STUDY AND

DESIGN OF THE VISITORS' CENTER, IMPROVEMENTS AND RENOVATIONS AT THE SAN

ANGELO FAIRGROUNDS, INCLUDING LIVESTOCK BARNS AND RELATED INFRASTRUCTURE

AND RENOVATING CITY ADMINISTRATIVE OFFICES AT THE MUNICIPAL AIRPORT




WHEREAS, the City of San Angelo, Texas (the "Issuer") is a duly created governmental body of the

State of Texas;

WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with

the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (the

"Projects") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which

a prior expression of intent to finance or refinance is required by Federal or state law (collectively and

individually, the "Obligations") to finance the Projects;

WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such

expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses

to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance

the Projects;

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ANGELO,

TEXAS THAT:

Section 1. The Issuer reasonably expects to incur debt, as one or more series of Obligations,

with an aggregate maximum principal amount equal to $13,760,000 for the purpose of paying the costs of

the Projects.

Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No

Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18

months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with

respect to which such expenditures were made, is placed in service.

Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to this

Statement more than three years after the date any expenditure which is to be reimbursed is paid.

Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with

qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall

be issued after 18 months of the date the original expenditure is made.

Section 5. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED ON THE 7 DAY OF JUNE, 2011.TH


Alvin New, Mayor

Attest:

[CITY SEAL]





Exhibit A

Constructing, installing and equipping public park improvements, including trail improvements and Concho

River bank stabilization and dredging; renovating, improving, expanding, equipping and furnishing the

municipal auditorium; constructing, improving and equipping sports and athletic facilities, including ball

fields and aquatic facilities, and the acquisition of land and interests in land for such facilities; constructing,

installing and equipping additions and improvements to the Fort Concho National Historical Landmark,

including professional fees for study and design of the Visitors' Center; constructing, installing and equipping

improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related

infrastructure; and renovating, improving and equipping City administrative offices at the municipal airport.

City of San Angelo

Memo Date: 5/26/11






Consider adoption of a resolution approving and authorizing the execution and delivery of a service contract with the City of San Angelo Development Corporation relating to the City issuing certificates of obligation to provide funds for public park improvements, including trail improvements and Concho River bank stabilization and dredging, renovating and improving the municipal auditorium, constructing, improving and equipping sports and athletic facilities, additions and improvements to the Fort Concho National Historical Landmark, including fees for study and design of the Visitors' Center, improvements and renovations at the San Angelo Fairgrounds, including livestock barns and related infrastructure and renovating City administrative offices at the municipal airport; approving the expenditure of funds by the Corporation to pay costs related to such projects, including debt service on the certificates of obligation; and containing other provisions related thereto.

Summary: Adopt a resolution for a service contract with the San Angelo Development Corporation. The service contract is between the City of San Angelo and the Development Corporation for the issuance of debt associated with the following projects. Projects include: Concho River, Sports and Recreational facilities, San Angelo fair grounds, City Auditorium, Airport, City Parks, and Fort Concho Improvements. All of these projects are associated with the Development Corporation Phase III.

History: Publication of notice of intention to issue combination tax and revenue C.O.’s

approved by council 4/19/11.

Financial Impact: Debt service obligation associated with issuance. Related Vision Item (if applicable): None.

Other Information/Recommendation: Staff recommends approval of resolution thus allowing for the service contract between the City of San Angelo and the Development Corporation. Attachments: 2011 Service Contract2

Presentation: No special equipment is required. Michael Dane will present additional information on


Approved by Legal:

SERVICE CONTRACT

THIS SERVICE CONTRACT ("Contract") executed by and between the City of San Angelo("City") and the City of San Angelo Development Corporation ("Corporation"), dated as of__________________.

W I T N E S S E T H

WHEREAS, the Corporation was created by the City in accordance with Article 5190.6,V.A.T.C.S., Section 4B, and now operating under Texas Local Government Code, Chapters 501 and505 (collectively, the "Act");

WHEREAS, at elections held September 11, 2004, and November 2, 2010 (the "TaxElections") , the citizens of the City voting at an election on said date approved the creation of theCorporation, and the levy of a one-half of one percent local sales and use tax;

WHEREAS, under the authority of the Act, it is the intent of the Corporation to apply thereceipts received from the collection of the local sales and use tax of one-half of one percent ("SalesTax") to assist the Corporation in projects as follows:

constructing, installing and equipping public park improvements, including trailimprovements and Concho River bank stabilization and dredging; renovating,improving, expanding, equipping and furnishing the municipal auditorium;constructing, improving and equipping sports and athletic facilities, including ballfields and aquatic facilities, and the acquisition of land and interests in land for suchfacilities; constructing, installing and equipping additions and improvements to theFort Concho National Historical Landmark, including professional fees for study anddesign of the Visitors' Center; constructing, installing and equipping improvementsand renovations at the San Angelo Fairgrounds, including livestock barns and relatedinfrastructure; renovating, improving and equipping City administrative offices at themunicipal airport and other purposes permitted by law (the "Projects")

WHEREAS, the City will authorize City of San Angelo, Texas Combination Tax and LimitedSurplus Revenue Certificates of Obligation, Series 2011A ("Obligations"), in principal amount notto exceed $13,760,000, for paying all or a portion of the City's contractual obligations for theProjects; and

WHEREAS, the parties hereto find it necessary and advisable to enter into this Contract toevidence the duties and responsibilities of the respective parties for the implementation and fundingof the Projects in order for the City to comply with the Tax Elections;

NOW, THEREFORE, in consideration of the covenants and agreements herein made, andsubject to the conditions herein set forth, the City and the Corporation contract and agree as follows:

Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms andexpressions used in this Contract, unless the context shows clearly otherwise, shall have meaningsset forth herein, including terms defined in the Preambles hereto, which preambles are incorporatedin and made a part hereof for all purposes, or, if not defined herein, such terms shall have themeanings given in the Resolution.

Section 2. CERTIFICATES OF OBLIGATION. The proposed Obligations will be sold bythe City so that the proceeds will be used to construct the Projects.

Section 3. OBLIGATIONS OF CORPORATION. The Corporation agrees to pay to theCity the debt service for the Obligations as identified in Exhibit A attached hereto, at least thirty daysprior to each scheduled debt service payment date, as specified in Exhibit A, with such paymentsbeing subject to the Corporation's Annual Budgeting and Appropriations and being in this amountsas specified in Exhibit A, with such Exhibit A to be approved by the Board after the sale of theObligations.

Section 4. CONSTRUCTION CONTRACTS. The City will construct the Projects and shallbe solely responsible for the construction and maintenance of the Projects and the payment of theObligations, and the Corporation shall not have any liability in reference to the Projects or theObligations.

Section 5. OWNERSHIP. The Projects shall be owned by the City.

Section 6. ACQUISITION. The City agrees to proceed promptly with the construction andimprovements of the Projects. The City and Corporation hereby covenant that it will make a diligenteffort to complete such Projects as soon as practicable. The City does not anticipate delays in theconstruction of the Projects, and the Corporation shall not be liable for any damages caused by anydelays in completion of the Projects or any additional costs in reference to the Projects.

Section 7. FORCE MAJEURE. If, by reason of Force Majeure, either party hereto shall berendered unable wholly or in part to carry out its obligations under this Contract, then such party shallgive notice and full particulars of such Force Majeure in writing to the other party within a reasonabletime after occurrence of the event or cause relied upon, and the obligation of the party giving suchnotice, so far as it is affected by such Force Majeure, shall be suspended during the continuance ofthe inability then claimed, except as hereinafter provided, but for no longer period, and any such partyshall endeavor to remove or overcome such inability with all reasonable dispatch. The term ForceMajeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrialdisturbances, acts of public enemy, orders of any kind of the Government of the United States or theState of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning,earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government andpeople, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, orother causes not reasonably within the control of the party claiming such inability. It is understoodand agreed that the settlement of strikes and lockouts shall be entirely within the discretion of theparty having the difficulty, and that the above requirement that any Force Majeure shall be remediedwith all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the

demands of the opposing party or parties when such settlement is unfavorable to it in the judgmentof the party having the difficulty. It is specifically excepted and provided, however, that in no eventshall any Force Majeure relieve the City of its obligation to transfer sales tax revenues to theCorporation as required under the Act.

Section 8. REGULATORY BODIES. This Contract and the Plan shall be subject to all validrules, regulations, and laws applicable thereto passed or promulgated by the United States ofAmerica, the State of Texas, or any governmental body or agency having lawful jurisdiction or anyauthorized representative or agency of any of them.

Section 9. TERM OF CONTRACT. That the term of this Contract shall be for the periodduring which the Obligations are outstanding.

IN WITNESS WHEREOF, the Corporation and the City, acting under authority of theirrespective governing bodies have caused this Contract to be duly executed in several counterparts,each of which shall constitute an original, dated as of the date set forth above.

CITY OF SAN ANGELO DEVELOPMENT CORPORATION

By ____________________________ President, Board of Directors

ATTEST:

_____________________________Secretary, Board of Directors

(CORPORATION SEAL)


By_____________________________ Mayor

ATTEST:

____________________________City Clerk

(CITY SEAL)

EXHIBIT A


Memo Date: March 28, 2011


From: Morgan Trainer, Budget Analyst, Sr.


Contact: Morgan Trainer, Budget Analyst, Sr. 653-6291

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

First public hearing and introduction of an Ordinance amending the 2010-2011 Budget for programs, capital projects and incomplete projects.

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

• Nature Center Summer Camp • Police Services at Lake Nasworthy and Twin Buttes • Emergency Management Maintenance of Facility • Lake Entrance Supplies/Policing Services • Vehicle Maintenance Fuel Island Update • Hickory Water Supply Development

History: See attached Budget Amendment Request memorandums.

Financial Impact: $120,418,049 (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, 2010, AND ENDING SEPTEMBER 30, 2011, FOR PROGRAMS, CAPITAL PROJECTS AND INCOMPLETE 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 2010-2011 be amended by the amounts contained in Exhibit A.

INTRODUCED on the 7th day of June, 2011, and APPROVED and ADOPTED on this the 28th day of June, 2011.


__________________________________ 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)

101 General 340,823 340,823 0 103 Intergovernmental 0 13,207 (13,207) 260 Water 35,000 14,019 20,981 301 Vehicle Maintenance 0 50,000 (50,000) 5xx Water Capital 120,000,000 120,000,000 0

Totals 120,375,823 120,418,049 (42,226)

City of San Angelo

Proposed Budget Amendment Additional Information

Project/Need Source of Funding Revenue Expense

Net Benefit/ (Cost)

Fund Balance

75 Day Fund

Balance Goal

Nature Center Summer Camp Fees, Sales, Sponsorships 4,000 4,000 0 Police Services at Lake Nasworthy and Twin Buttes

Water Fund – Lake Patrol Budget

336,823 336,823 0

Emergency Management Maintenance of Facility

Intergovernmental Fund – Fund Balance

0 13,207 (13,207) 338,946 0

Lake Entrance Supplies/Policing Services Lake Entrance Fees and

Camping Fees 35,000 14,019 20,981

Vehicle Maintenance Fuel Island Update Vehicle Maintenance Fund –

Fund Balance 0 50,000 (50,000) 167,042 969,212

Hickory Water Supply Development Texas Water Development

Board Water Infrastructure Fund

120,000,000 120,000,000 0




From: Bryan Kendrick, Budget Analyst, Sr.


Contact: Bryan Kendrick, Finance, 325-657-4211

Caption: Regular

Discussion of 2011-2016 Capital Improvement Plan

Summary: Public meetings regarding the 2011-2016 Capital Improvement Plan (CIP) were held on May 16th and 17th. The meetings took place at the Public Housing Authority and Fort Concho, respectively. The Public Information Office assisted with notifying the citizens on the website, Channel 17, social networking, and media outlets regarding the meetings. During the public meetings, staff reviewed proposed projects and received comments, suggestions, and priorities from citizens. The detailed discussions from citizens are attached. The citizens that attended generally were interested in specific projects. However, all citizens in attendance acknowledged the importance of the CIP.

Projects within the CIP are ranked according to criteria established by City Council in 2009. With the exception of Street Reconstruction and Stormwater projects, all proposed projects have been ranked by City staff according to the attached criteria. Engineering services has ranked all Street Reconstruction and Stormwater projects according to industry standards. Included here are the project rankings for all projects.

The calendar for the CIP process is attached. Approval of the CIP is scheduled for June 28th.

History: The 2011-2016 CIP began February 18th with the submission of proposed projects. The CIP was introduced to City Council on March 22nd. Staff reviewed projects on April 20th. Public meetings were held on May 16th and 17th. Financial Impact: Not applicable at this time, the CIP Committee’s ranking process has been completed and the rankings will be utilized during the budget process when the funding of Capital Improvements is discussed. Related Vision Item (if applicable): Infrastructure Vision and Financial Vision Attachments: CIP schedule; Summary of projects submitted for the 2011-2016 CIP with current

ranking criteria (if you need assistance sorting, filtering, or understanding the spreadsheet, please call Bryan at the number above); Ranking for Street Reconstruction Projects and Stormwater Projects provided by Engineering Services; 2011-2016 CIP-Proposed Projects (provides detailed information on each proposed project); Ranking criteria; Minutes from CIP Public Meetings held on May 16th and May 17th.

Presentation: Powerpoint

Publication: N/A

Reviewed by Service Area Director: Michael Dane, Finance

CIP Calendar

City of San Angelo

CIP Schedule

Planning Period 2011-2016

2/4/2011 Budget Division sends out CIP forms and instructions

2/18/2011 CIP projects due from departments2/18/2011 CIP projects due from departments

3/22/2011 Introduce CIP to City Council

4/20/2011 Review proposed capital projects with committee

5/16-17/11 CIP Public Meetings

6/7/2011 CIP discussion with City Council

6/28/2011 CIP resolution approval by City Council

Ranking Criteria DescriptionDedicated / Committed Funding

(Yes/No)

Is there a dedicated AND committed funding source for the project? As an

example, most airport projects are funded through FAA grants and PFC funds.

Those funds can only be used to execute those projects. Therefore, there is no

competition for that funding source. If a project has dedicated funding, indicate so

with a 'Y'. If a project does NOT have dedicated funding, indicate so with a 'N'.

Citations of non-compliance with federal & state regs

(No/Yes)

[0 or 5]

Is this projected submitted because the City is in non-compliance or will be in non-

compliance with federal and state regulations? If the project is NOT required to

become compliant with federal and state regulations, it receives a score of zero

(0). If the project is required to become compliant with federal and state

regulations, it receives a score of 5.

Life Safety Project

(Range)

[0 - 10]

Does this project address life safety services and needs? If the project does NOT

address life safety, it receives a score of zero (0). If the project addresses public

safety, it can receives a score of up to 10.

Funding Leverage

[1:0 - 0

1:1 - 1

1:2 - 3

1:3/+ - 5]

If the project does not indicate commitment of additional funding from outside

organizations (leverage) up to 50%, the project receives a score of zero (0). If City

funds are leveraged 1 for 1, score of one (1). If City funds are leverages 1 for 2,

score of three (3). If City funds are leveraged 1 for 3 or more, score of five (5).

Infrastructure Project

(No/Yes)

[0 or 10]

Does this project address infrastructure? (streets, water, wastewater, traffic,

pedestrian, airport). If the project is NOT an infrastructure project, it receives a

score of zero (0). If the project is an infrastructure project, it receives a score of

10.

Impact to Operating Budget

[< $10K - 10

$10K-50K - 5

$50K-$100K - 2

>$100K - 0]

What impact does the project have on the operating budget? If the project

generates a net revenue or increases operating cost less than $10,000, the project

receives a score of 10. If operating costs increase $10,000-$50,000, score of 5.

Operating costs increase $50,000-$100,000, score of 2. Operating costs increase

more than $100,000, score of zero (0).

Project Execution Time Period

[FY 10/11 - 5

FY 11/12 - 4

FY 12/13 - 3

FY 13/14 - 2

FY 14/15 - 1

After FY14/15 - 0]

When does the project manager plan on beginning the project? If beginning the

project in FY 10/11, the project receives a score of 5. If beginning the project in FY

11/12, score of 4. If beginning the project in FY 12/13, score of 3. If beginning the

project in FY 13/14, score of 2. If beginning the project in FY 14/15, score of 1. If

the project is not planned to begin until after FY 14/15, score of zero (0).

Addresses Public Health/ Environmental Issues

(Range)

[0 - 10]

Does the project address a public health or environmental issue? If the project

does NOT address a public health or environmental issue, it receives a score of

zero (0). If the project does address a public health or environmental issue, it can

receive a score of up to 10.

Operational Impact on Priority Services

(Range)

[0 - 10]

What impact does the completion of the project have on providing priority services

to citizens? If the project is not completed and the does NOT affect priority

services, it receives a score of zero (0). If the project is not completed and does

affect priority services, it can receive a score of up to 10.

Provides new/ improved community outreach

(Range)

[0 - 5]

Does the project provides new or improved community outreach? As an example,

digital signage provides a new avenue to provide information regarding City

services and venues and emergency information in a visible format. The score for

this subject. If the project does NOT provide new or improved community

outreach, it receives a score of zero (0). If the project provides new or improved

community outreach, it can receive a score of up to 5.

Total Score If the project is included, but on-going and does not have any planned future

project costs, it will reflect it as an on-going project and not receive a ranking

score. If the project has dedicated funding, it will also not receive a ranking score,

but will be noted as having been funded.

City of San Angelo2011-2016 Capital Improvement Plan

Project Ranking Criteria

City of San AngeloCapital Improvement Plan

Submitted Projects 2011-2016

Project TypeProposed Primary

Funding Source Division Project Title 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Future YrsTotal Project

Costs

Dedicated /Comitted

Funding

Regulation Compliance (Y=5/N=0)

Life Safety Project (0-10)

Fund Leverage (1:0 =0, 1:1 = 1, 1:2 =2, 1:3+ =3)


(Y=10/N=0)

Operating Budget [< $10K - 10$10K-50K - 5

$50K-$100K - 2>$100K - 0]

Project Completion

Time[FY 10/11 - 5FY 11/12 - 4FY 12/13 - 3FY 13/14 - 2FY 14/15 - 1

After FY14/15 - 0]

Addresses Public Health/ Environmental

Issues(Range)[0 - 10]

Operational Impact on

Priority Services(Range)[0 - 10]

Provides New/ improved

community outreach(Range)[0 - 5]

Total Score

Airport Grant-FAA,PFC Airport Air traffic Control Tower ADA - design 0 0 75,000 0 0 0 75,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Air traffic control tower ADA compliance - construction 0 0 0 1,120,800 0 0 1,120,800 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Airport Master Plan update 0 0 0 133,200 0 0 133,200 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport ALP Update 0 0 0 0 0 0 83,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Apron Joint Seal - Construction 0 0 300,000 0 0 0 300,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Apron Joint Seal - Design 23,000 0 0 0 0 0 23,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Apron Rehabilitation 0 0 0 0 0 0 7,529,435 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-TxDOT

Airport Perimeter Road Reconstruction 100,000 100,000 100,000 100,000 100,000 1,300,000 1,800,000 Y 0 0 0 0 0 0 0 0 0 Funded

Airport Grant-FAA,PFC Airport Power Poles Realignment 0 0 0 0 0 0 976,541 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 18-36 Rehabilitation 0 64,000 0 0 0 0 64,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 18-36 rehabilitation - construction 0 0 805,000 0 0 0 805,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 3-21 Rehabilitation 0 0 0 0 0 0 670,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 3-21 runway lights and beacon - construction 0 0 518,700 0 0 0 518,700 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 3-21 runway lights and Beacon replacement 0 39,100 0 0 0 0 39,100 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Runway 9/27 Rehab 0 0 0 0 0 0 483,585 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Taxiway A Rehab 0 0 0 0 0 0 1,591,707 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Taxiway B Rehab 0 0 0 0 0 0 2,270,746 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Taxiway D & H Rejuvenation 0 0 0 0 0 0 379,830 Y 0 0 0 0 0 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Terminal Renovation - Construction 1,520,000 1,520,000 1,520,000 0 0 0 4,560,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Terminal Renovation - Design 0 0 0 0 0 0 340,000 Y 0 0 0 0 10 0 0 0 0 FundedAirport Grant-FAA,PFC Airport Wildlife hazard Management Plan 0 0 95,000 0 0 0 95,000 Y 0 0 0 0 10 0 0 0 0 FundedEnvironmental 1/2¢ Sales Tax Parks Concho River Dredging, Bank Stabilization, & Trails Improv. 0 0 0 0 0 0 13,481,344 Y 0 0 0 0 10 5 0 7 0 FundedEnvironmental Other-Corps of Water Utilities O.C. Fisher Eco-System Restoration 0 0 0 0 0 150,000 4,012,920 Y 0 0 0 0 0 0 0 0 0 FundedEnvironmental Water Fund Water Utilities Twin Buttes Eco-System Restoration 100,000 0 0 0 0 0 900,000 Y 0 0 0 0 0 0 0 0 0 FundedEquipment General Fund Police Armored Personnel Carrier 0 0 0 0 0 210,687 210,687 N 0 10 0 0 5 0 0 4 0 19Equipment HOT,SASSRA Civic Events Coliseum Acoustical Banners 0 0 0 0 0 150,000 150,000 Y 0 0 0 0 10 5 0 0 0 FundedEquipment HOT,Hockey Team Civic Events Coliseum Ice Plant 0 0 0 0 0 75,000 75,000 Y 0 0 0 0 10 0 0 0 0 FundedEquipment Wastewater Fund Water Utilities Compost Turner Replacement 0 350,000 0 0 0 0 350,000 Y 0 0 0 0 10 0 0 0 0 FundedEquipment Wastewater Fund Water Utilities Emergency Generator and Electrical Equipment Wastewater Plant 0 0 0 0 0 0 2,100,000 Y 0 0 0 0 0 0 0 0 0 FundedEquipment General Fund Traffic Operations Portable Traffic Signal 0 0 0 0 0 0 100,000 N 0 1 0 0 10 5 0 2 0 18Equipment General Fund Fire Purchase of Brush Trucks 250,000 0 0 0 0 0 250,000 N 0 10 0 0 10 4 10 10 2 46Equipment Other-Tom Green

Traffic Operations Replace School Zone & Crosswalk Equipment 18,000 18,000 18,000 18,000 18,000 0 302,000 Y 0 8 0 0 10 5 0 5 0 Funded

Equipment Wastewater Fund Water Utilities Vacuum Truck 0 0 300,000 0 0 0 881,000 Y 0 0 0 0 0 0 0 0 0 FundedEquipment Water Fund Water Utilities Water Plant Emergency Generator 0 0 0 0 0 0 2,143,265 Y 0 0 0 0 0 0 0 0 0 FundedFacility 1/2¢ Sales Tax Family Support Services Affordable Housing Program 335,000 335,000 335,000 335,000 335,000 3,350,000 6,700,000 Y 0 0 0 0 10 5 0 10 4 FundedFacility HOT,SASSRA Civic Events Coliseum Chiller Compressor 0 0 0 0 0 70,000 70,000 Y 0 0 1 0 5 5 0 0 0 FundedFacility Other- Fire Prevention Fire Safety City 0 0 0 0 0 970,000 970,000 N 0 3 1 0 0 0 0 0 5 9Facility Water Fund Water Utilities High Service Pump Station Rehab 0 0 0 0 0 0 3,950,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility Wastewater Fund Water Utilities Lift Station Repairs 200,000 200,000 200,000 200,000 200,000 160,000 1,480,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility General Fund Police Police Department HVAC 310,000 200,000 0 0 0 0 510,000 N 0 0 0 0 10 5 0 7 0 22Facility Wastewater Fund Water Utilities Water Reclamation Plant Repairs 200,000 200,000 200,000 200,000 200,000 200,000 1,600,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility Water Fund Water Utilities WTP Equipment Maintenance 300,000 200,000 400,000 200,000 200,000 0 1,800,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Building 1/2¢ Sales Tax Civic Events Auditorium Renovation 1,875,000 0 0 0 0 0 3,750,000 Y 0 0 0 0 10 4 0 0 0 FundedFacility - Building HOT,CVB

Civic Events Bill Aylor Sr. Memorial River Stage Improvements 0 0 0 0 0 1,000,000 1,000,000 Y 0 0 0 0 10 0 0 0 0 Funded

Facility - Building General Fund - CO City Manager City Hall Plaza Rehabilitation 0 0 0 0 0 0 11,117,616 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Building HOT,SASSRA Civic Events Coliseum Entryway Improvements 0 0 0 0 0 100,000 100,000 N 0 0 1 0 10 0 0 0 1 12Facility - Building HOT Civic Events Coliseum Performance Improvements 0 0 0 0 0 500,000 500,000 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Building HOT Civic Events Coliseum Roof 0 0 0 0 0 500,000 500,000 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Building HOT Civic Events Coliseum Spotlights 0 0 0 0 0 20,000 20,000 Y 0 0 0 0 10 5 0 0 0 FundedFacility - Building General Fund - CO Operations Combined Maintenance Facility 0 0 0 0 0 675,000 750,000 N 0 0 0 10 10 0 0 0 0 20Facility - Building HOT Civic Events Convention Center Marquee 0 0 0 0 0 45,000 45,000 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Building HOT,CVB

Civic Events Convention Center Security System 0 0 0 0 0 50,000 50,000 Y 0 0 1 0 10 5 0 0 0 Funded

Facility - Building General Fund Emergency Mgmt Emergency Operations Center (EOC) Generator Upgrade 0 0 0 0 0 1,015,000 1,015,000 N 3 0 0 10 10 0 0 0 0 23Facility - Building General Fund Emergency Mgmt EOC Roof Replacement 0 0 0 0 0 0 75,758 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Building Other-Fund- Parks Fairmount Cemetery 0 0 0 0 0 3,000,000 3,000,000 N 0 0 0 0 10 0 0 0 1 11

Page 1 of 4





Costs

Dedicated /Comitted

Funding



Fund Leverage (1:0 =0, 1:1 = 1, 1:2 =2, 1:3+ =3)


(Y=10/N=0)


$50K-$100K - 2>$100K - 0]

Project Completion

Time[FY 10/11 - 5FY 11/12 - 4FY 12/13 - 3FY 13/14 - 2FY 14/15 - 1

After FY14/15 - 0]







Total Score

Facility - Building General Fund Fire Fire Admin Offices Remodel 0 0 0 0 0 600,000 600,000 N 0 0 0 0 10 0 0 0 0 10Facility - Building General Fund Fire Prevention Fire Prevention Office Addition 0 0 0 0 0 173,500 173,500 N 0 0 0 0 10 0 0 0 0 10Facility - Building General Fund Fire Fire Station #2 Remodel 0 0 0 0 0 0 602,965 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Building General Fund - CO Fire Fire Station #4 Reconstruction 0 0 2,580,000 0 0 0 2,580,000 N 5 8 0 0 10 2 0 10 0 35Facility - Building General Fund - CO Fire Fire Station #5 Reconstruction 0 0 0 0 0 0 1,990,683 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Building General Fund - CO Fire Fire Station #7 Reconstruction 0 0 0 0 0 0 2,130,149 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Building General Fund Fire Fire Training Center 0 0 0 0 0 3,000,000 3,000,000 N 5 6 0 0 2 0 0 8 0 21Facility - Building General Fund Fort Concho Fort Concho Barracks 6 New Floor 7,500 17,500 0 0 0 0 25,000 N 0 0 0 0 10 5 5 0 0 20Facility - Building General Fund Fort Concho Fort Concho Heating/Cooling Unit Replacements 30,000 35,000 35,000 0 0 0 100,000 N 0 0 0 0 10 3 0 0 0 13Facility - Building Other- Fort Concho Fort Concho Post Bandstand 0 25,000 0 0 0 0 25,000 N 0 0 0 0 10 0 0 0 4 14Facility - Building 1/2¢ Sales Tax Fort Concho Fort Concho Visitors Center Restoration Improvements 100,000 150,000 750,000 500,000 0 0 1,500,000 Y 0 0 0 0 10 4 0 0 4 FundedFacility - Building General Fund Municipal Court Municipal Court Addition 0 0 0 0 0 182,400 182,400 N 0 0 0 0 10 0 0 0 0 10Facility - Building General Fund Fort Concho OQ1 Rear Room & Roof Repairs 0 50,000 25,000 0 0 0 75,000 N 0 0 0 0 10 5 0 0 0 15Facility - Building General Fund Parks Parking for Senior Centers 0 0 0 0 0 275,000 275,000 N 0 0 0 0 10 0 0 0 3 13Facility - Building General Fund Police Police Department 0 0 0 0 0 5,000,000 5,000,000 N 0 0 0 0 5 5 0 8 3 21Facility - Building General Fund Police Police Training Center 0 0 0 0 0 1,200,000 1,200,000 N 5 5 0 0 2 0 0 8 0 20Facility - Building Other-State Office State Office Building Postponed - Chase State Office Building Expansion 0 0 0 0 0 1,500,000 1,500,000 Y 0 0 0 0 5 5 0 0 0 FundedFacility - Building General Fund Purchasing Santa Fe Train Depot – Roof & Interior Repair 39,000 10,000 45,000 0 0 45,000 139,000 N 0 0 0 10 10 1 0 0 2 23Facility - Building General Fund Purchasing Spur Parking Garage Renovation & Repair 500,000 500,000 750,000 750,000 125,000 198,000 2,950,000 N 0 5 0 10 10 1 0 0 4 30Facility - Building Other-State Office State Office Building State Office Building Roof Replacement 603,000 0 0 0 0 0 603,000 Y 0 0 0 0 10 5 0 0 0 FundedFacility - Building Other - Lake Water Utilities Twin Buttes Security Fencing 0 0 0 0 0 0 150,883 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Building Water Fund Water Utilities Water Billing and Customer Service Office Remodeling 500,000 0 0 0 0 0 500,000 Y 0 0 0 0 10 0 0 0 0 FundedFacility - Park 1/2¢ Sales Tax Parks 29th Street Complex Renovation 1,700,000 0 0 0 0 0 1,700,000 Y 0 0 0 10 0 4 0 0 5 FundedFacility - Park General Fund Parks Belaire Neighborhood Park 0 0 0 0 0 550,000 550,000 N 0 0 0 0 5 0 0 0 4 9Facility - Park General Fund Parks Blackshear Neighborhood Park 0 0 0 0 0 350,000 350,000 N 0 0 0 0 5 0 0 0 4 9Facility - Park General Fund Parks Bluffs Neighborhood Park 0 0 0 0 0 550,000 550,000 N 0 0 0 0 5 0 0 0 4 9Facility - Park 1/2¢ Sales Tax Parks Bradford Neighborhood & School Park 0 0 0 0 0 0 175,000 Y 0 0 0 0 10 5 5 3 1 FundedFacility - Park 1/2¢ Sales Tax Parks Brentwood Neighborhood Park Renovation 0 0 0 0 0 0 275,000 Y 0 0 0 0 10 5 5 3 1 FundedFacility - Park 1/2¢ Sales Tax Parks Brown Neighborhood Park Renovation 175,000 0 0 0 0 0 175,000 Y 0 0 0 0 10 4 0 0 2 FundedFacility - Park General Fund Parks Central Control Irrigation 0 0 0 0 0 110,000 110,000 N 0 0 0 0 10 5 5 3 1 24Facility - Park General Fund Parks Civic League Park, Additional Improvements (IWLC Basin 4) 0 0 0 0 0 115,000 115,000 N 0 0 0 0 10 0 0 0 1 11Facility - Park General Fund Parks College Hills East Neighborhood Park 0 0 0 0 0 300,000 300,000 N 0 0 0 0 5 0 0 0 4 9Facility - Park General Fund Parks Exall Addition Pocket Park 99,000 0 0 0 0 0 99,000 N 0 0 0 0 10 4 0 0 4 18Facility - Park General Fund Parks Kirby Community Park, Additional Improvements 0 0 0 0 0 600,000 600,000 N 0 0 0 0 5 4 0 0 2 11Facility - Park 1/2¢ Sales Tax Parks Kiwanis Neighborhood Park Renovation 0 0 0 0 0 0 175,000 Y 5 5 0 0 2 0 0 8 0 FundedFacility - Park 1/2¢ Sales Tax Parks MeadowCreek Neigh. Park Renovations 0 0 0 0 0 0 255,850 Y 5 5 0 0 2 0 0 8 0 FundedFacility - Park General Fund Parks Northern Lakeview Neighborhood Park 0 0 0 0 0 450,000 450,000 N 0 0 0 0 5 0 0 0 2 7Facility - Park General Fund Parks Paseo Irrigation 0 0 0 0 0 60,000 60,000 N 0 0 0 0 10 5 0 0 0 15Facility - Park Other-Section 108

Parks Producer's Park Construction 0 0 0 0 0 0 1,445,000 Y 0 0 0 0 0 0 0 0 0 Funded

Facility - Park General Fund Parks Red Arroyo Trail 0 0 0 0 0 4,000,000 4,000,000 N 0 5 0 0 0 0 0 0 4 9Facility - Park General Fund Parks Restroom Facilities, Neighborhood Parks 110,000 160,000 180,000 0 0 0 450,000 N 0 0 0 0 5 5 1 0 0 11Facility - Park General Fund Parks Rio Concho Trail Extension to GFAB Housing 0 0 0 0 0 1,250,000 1,250,000 N 0 0 0 0 5 4 0 0 2 11Facility - Park Other-Section 108 Parks Rio Vista Neighborhood Park Renovation 0 0 0 0 0 0 650,000 Y 0 0 0 0 0 0 0 0 0 FundedFacility - Park 1/2¢ Sales Tax Parks South Concho Neighborhood Park Renovation 0 0 325,000 0 0 0 325,000 Y 0 0 0 0 10 4 5 0 0 FundedFacility - Park General Fund Parks Southland East Neighborhood Park 0 0 0 0 0 660,000 660,000 N 0 0 0 0 5 0 0 0 4 9Facility - Recreation 1/2¢ Sales Tax Recreation Ben Ficklin Field & Park Improvements 0 0 0 0 0 0 244,000 Y 0 10 0 0 5 0 0 4 0 FundedFacility - Recreation 1/2¢ Sales Tax Recreation Community Aquatics Facility 2,745,000 0 0 0 0 0 3,160,000 Y 0 0 0 0 10 4 0 0 4 FundedFacility - Recreation 1/2¢ Sales Tax Recreation Lake View Little League Complex Imprvmts. 0 0 200,000 0 0 0 446,000 Y 0 0 0 0 5 0 0 8 3 FundedFacility - Recreation 1/2¢ Sales Tax Recreation Northern Little League Complex Improvements 14,000 0 0 0 0 0 275,000 Y 0 0 0 0 10 5 0 0 0 FundedFacility - Recreation General Fund Recreation Recreation Center Air Conditioning Install 0 500,000 0 0 0 0 500,000 N 0 2 0 0 2 3 0 0 3 10Facility - Recreation 1/2¢ Sales Tax Recreation Western Little League Sports Complex 195,000 0 0 0 0 0 555,000 Y 0 0 0 0 10 5 0 0 0 FundedFacility - Recreation 1/2¢ Sales Tax Recreation Youth Soccer Complex at Glenna Street 0 0 0 0 0 0 363,000 Y 0 0 0 0 10 5 0 0 0 FundedPedestrian General Fund Engineering ADA Ramp Program 0 100,000 100,000 100,000 100,000 100,000 500,000 N 5 5 0 10 10 4 6 0 5 45Pedestrian General Fund Operations Countdown Pedestrian Signal Indications 0 0 0 0 0 30,000 30,000 N 0 5 0 10 10 0 0 3 2 30Pedestrian Other-TIRZ,1/2¢

Engineering Pedestrian Facilities 0 0 0 0 0 2,500,000 2,500,000 Y 0 0 0 10 10 0 0 0 0 Funded

Stormwater Quality Other-Stormwater

Stormwater Storm Water Quality Improvements Projects 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 25,000,000 30,000,000 Y 0 0 0 0 10 0 0 0 0 Funded

Page 2 of 4





Costs

Dedicated /Comitted

Funding



Fund Leverage (1:0 =0, 1:1 = 1, 1:2 =2, 1:3+ =3)


(Y=10/N=0)


$50K-$100K - 2>$100K - 0]

Project Completion

Time[FY 10/11 - 5FY 11/12 - 4FY 12/13 - 3FY 13/14 - 2FY 14/15 - 1

After FY14/15 - 0]







Total Score

Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: 24th St. at Blum St. 0 0 0 0 0 3,749,220 3,749,220 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: 30th Street at Day Elementary 0 0 0 0 0 345,600 345,600 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Beauregard Ave. – Campus to

0 0 0 0 0 2,986,335 2,986,335 N 10 10

Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Bell Street at Koberlin St. 0 0 0 0 0 2,818,530 2,818,530 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Bradford St. at 24th St. 0 0 0 0 0 688,095 688,095 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Coke St. at East Angelo Draw 0 0 0 0 0 2,039,310 2,039,310 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: College Hills at North Fork of Red 0 0 0 0 0 4,782,105 4,782,105 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: College Hills Blvd. at the South

0 0 0 0 0 4,706,910 4,706,910 N 10 10

Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Glenwood Dr. – Harrison to 0 0 0 0 0 1,009,530 1,009,530 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Glenwood Dr. @ Howard 0 0 0 0 0 1,055,295 1,055,295 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Goodfellow Draw at Evelyn Ave. 0 0 0 0 0 1,317,600 1,317,600 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Howard St. at Brentwood Park 0 0 0 0 0 59,130 59,130 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Howard Street from North to 0 0 0 0 0 397,305 397,305 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Lester Ln. at Tres Rios Dr. 0 0 0 0 0 140,535 140,535 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Lindenwood Dr. at Vista Del 0 0 0 0 0 746,955 746,955 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Loop 306 Access Road at Eckerd’s 0 0 0 0 0 2,279,340 2,279,340 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Madison St – Avenue J to Algerita 0 0 0 0 0 232,065 232,065 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Monroe St. at Sulfur Draw Park 0 0 0 0 0 615,870 615,870 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Pecan St at 3rd St. 0 0 0 0 0 970,785 970,785 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Preusser St – Lowrie to Schroeder 0 0 0 0 0 785,700 785,700 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Regent Blvd. at Gordon Blvd. 0 0 0 0 0 2,879,145 2,879,145 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Southwest Blvd. at the South Fork

0 0 0 0 0 4,790,880 4,790,880 N 10 10

Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Sul Ross St. at Sunset Dr. 0 0 0 0 0 1,662,390 1,662,390 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: Taylor St, at Conchita St. 0 0 0 0 0 3,356,370 3,356,370 N 10 10Stormwater Quantity General Fund - Stormwater Remediation of Drainage Issue: West Ave. P at Bryant Blvd. 0 0 0 0 0 2,153,925 2,153,925 N 10 10Streets/Traffic 1/2¢ Sales Tax Engineering 50th Street Construction 1,450,000 0 0 0 0 0 2,700,000 Y 0 0 0 10 10 5 0 0 5 FundedStreets/Traffic General Fund Operations Backup Power Supply for Signalized Intersections 0 0 0 0 0 531,000 531,000 N 0 3 0 10 10 0 0 5 1 29Streets/Traffic 1/2¢ Sales Tax Engineering Grape Creek Road Reconstruction 333,000 0 0 0 0 0 933,000 Y 0 10 0 10 10 5 0 3 2 FundedStreets/Traffic General Fund Engineering New Warranted Traffic Signals 0 0 0 0 0 0 500,000 N 0 7 0 10 10 5 0 0 0 32Streets/Traffic General Fund - SR Engineering Reconstruction of Edmund Blvd. from Van Buren to Howard St. 0 0 0 0 0 858,200 858,200 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Jefferson St. from Junius St. to Houston Harte 0 0 0 0 0 3,433,117 3,433,117 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 19th St. from Concho River to Lillie St. 0 0 0 0 0 2,045,350 2,045,350 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 28th St. from 29th St. to Armstrong St. 0 0 0 0 0 822,017 822,017 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 29th St. from Bryant Blvd. to 28th St. 0 0 0 0 0 4,974,650 4,974,650 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 37th St. from Bell St. to Pruitt Dr. 0 0 0 0 0 455,983 455,983 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 41st St. from Coliseum Dr. to Bowie St. 0 0 0 0 0 2,483,017 2,483,017 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of 42nd St. from Coliseum Dr. to Armstrong St. 0 0 0 0 0 4,656,133 4,656,133 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Austin St. from Knickerbocker Rd. to Ave. N 0 0 0 0 0 1,577,800 1,577,800 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Avenue N from Bryant Blvd to Saint Marys 0 0 0 0 0 9,056,017 9,056,017 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Baze St. from Houston Harte to Culwell St. 0 0 0 0 0 307,683 307,683 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Beauregard Ave. from Taylor St. to Sherwood 0 0 0 0 0 942,875 942,875 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Bell St from Concho River to Old Ballinger Hwy 0 0 0 0 0 8,424,033 8,424,033 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Bell St. from Railroad Tracks North to 37th St. 0 0 0 0 0 2,910,850 2,910,850 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Ben Ficklin Rd. from Becker Ln. to Country Club 0 0 0 0 0 1,889,250 1,889,250 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Ben Ficklin Rd. from Bryant Blvd. to Bryant Blvd. 0 0 0 0 0 1,130,533 1,130,533 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Bowie St. from 24th St. to 47th St. 0 0 0 0 0 4,950,233 4,950,233 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of College Hills Blvd from Beauregard Ave to

0 0 0 0 0 11,740,467 11,740,467 N 10 10

Streets/Traffic General Fund - SR Engineering Reconstruction of College Hills Blvd. from Loop 306 to Valley View 0 0 0 0 0 4,754,583 4,754,583 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Cox Ln. from Sunset Blvd. to East Cox Ln. 0 0 0 0 0 854,183 854,183 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Culwell St. from Poe St. to Buchanan St. 0 0 0 0 0 1,835,900 1,835,900 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of East 14th St. from Chadbourne St. to Poe St. 0 0 0 0 0 5,021,417 5,021,417 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of East 19th St. from Bryat Blvd. to Lille St. 0 0 0 0 0 1,514,883 1,514,883 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of East 25th St. from Main St. to Poe St. 0 0 0 0 0 1,049,783 1,049,783 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Edmund Blvd. from Concho River to Bryant 0 0 0 0 0 6,958,083 6,958,083 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Executive Dr. from Sunset Dr. to Knickerbocker 0 0 0 0 0 1,153,950 1,153,950 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Foster Rd. from Currier Ln. to Jackson St. 0 0 0 0 0 2,292,550 2,292,550 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Glenna Dr. from Houston Harte to Junius St. 0 0 0 0 0 2,600,250 2,600,250 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Harris Ave. from Main St. to Bell St. 0 0 0 0 0 2,547,283 2,547,283 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Highland Ave. from Bryant Blvd. to Hill St. 0 0 0 0 0 665,467 665,467 N 10 10

Page 3 of 4





Costs

Dedicated /Comitted

Funding



Fund Leverage (1:0 =0, 1:1 = 1, 1:2 =2, 1:3+ =3)


(Y=10/N=0)


$50K-$100K - 2>$100K - 0]

Project Completion

Time[FY 10/11 - 5FY 11/12 - 4FY 12/13 - 3FY 13/14 - 2FY 14/15 - 1

After FY14/15 - 0]







Total Score

Streets/Traffic General Fund - SR Engineering Reconstruction of Howard St. from Pecos to Houston Harte Fwy. 0 0 0 0 0 876,000 876,000 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Hughes St. from Buchanan St. to Bell St. 0 0 0 0 0 1,583,483 1,583,483 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Huntington Ave. from Millbrook Dr. to Sunset 0 0 0 0 0 114,953 1,149,583 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Irving St. from Concho River to Washington St. 0 0 0 0 0 1,734,733 1,734,733 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Jackson St. from Avenue N to Knickerbocker Rd. 0 0 0 0 0 4,353,733 4,353,733 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Main St from 9th St to 26th St 0 0 0 0 0 3,466,967 3,466,967 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Marx St. from 29th St. to 24th St. 0 0 0 0 0 1,437,750 1,437,750 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Mercedes St. from City Limit Line to Glenna Dr. 0 0 0 0 0 2,279,467 2,279,467 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Middle Concho Dr. from Red Bluff Ln. to the 0 0 0 0 0 1,845,400 1,845,400 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of MLK Blvd. from 25th St. to 29th St. 0 0 0 0 0 2,529,700 2,529,700 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Oakes St. from Harris Ave.to 14th St. 0 0 0 0 0 806,767 806,767 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Old Ballinger Hwy from North Bell St. to Pruitt 0 0 0 0 0 2,838,050 2,838,050 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Pecan St. from 7th St. to 14th St. 0 0 0 0 0 944,450 944,450 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Pecos St. from Concho River to Howard St. 0 0 0 0 0 3,003,117 3,003,117 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Red Bluff Rd. from Knickerbocker Rd. to Middle

0 0 0 0 0 4,955,000 4,955,000 N 10 10

Streets/Traffic General Fund - SR Engineering Reconstruction of Rio Concho Dr. from Magdalene St. to

0 0 0 0 0 2,329,550 2,329,550 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Riverside Golf Club Rd. from 29th St. to Bryant 0 0 0 0 0 1,103,150 1,103,150 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Smith Blvd. from Pullian St. to Houston Harte 0 0 0 0 0 1,748,900 1,748,900 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of South Concho Dr. from Sierra Vista to

0 0 0 0 0 4,847,017 4,847,017 N 10 10

Streets/Traffic General Fund - SR Engineering Reconstruction of Southland Blvd. from Knickerbocker Rd. to Blue

0 0 0 0 0 1,478,983 1,478,983 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Southwest Blvd from Sunset South to Railroad 0 0 0 0 0 12,946,267 12,946,267 N 10 10Streets/Traffic General Fund - SR Engineering Reconstruction of Sunset Dr. from Knickerbocker Rd. south to

0 0 0 0 0 1,163,650 1,163,650 N 10 10

Streets/Traffic General Fund - SR Engineering Reconstruction of Taylor St. from Beauregard Ave. to Live Oak St. 0 0 0 0 0 791,650 791,650 N 10 10Streets/Traffic General Fund Engineering Rio Concho Drive Widening & Beautification 0 0 0 0 0 500,000 500,000 N 0 0 0 10 10 0 0 0 2 22Streets/Traffic General Fund Traffic Operations School Zone Flashers 0 0 0 0 0 0 22,800 N 0 0 0 10 10 1 0 0 0 21Streets/Traffic General Fund Traffic Operations Sign Reflectivity Upgrade 48,000 0 0 0 0 0 68,000 N 5 2 0 10 5 1 0 0 0 23Streets/Traffic General Fund Traffic Operations Signal Cabinets 0 0 0 0 0 0 78,000 N 0 0 0 10 5 5 0 4 0 24Streets/Traffic Other-Nasworthy

Operations Spring Creek Park Road Improvements 0 0 0 0 0 215,000 215,000 Y 0 0 0 0 0 0 0 0 0 Funded

Streets/Traffic Grant-Fed

Engineering Traffic Calming Proposal #1 0 0 0 0 0 0 1,315,527 Y 0 0 0 0 0 0 0 0 0 FundedStreets/Traffic General Fund Engineering Traffic Calming Proposal #2 0 0 0 0 0 350,000 350,000 N 0 7 0 10 10 0 0 7 0 34Streets/Traffic General Fund Engineering Traffic Calming Proposal #3 0 0 0 0 0 400,000 400,000 N 0 4 0 10 10 0 0 7 0 31Streets/Traffic General Fund Engineering Traffic Calming Proposal #4 0 0 0 0 0 350,000 350,000 N 0 4 0 10 10 0 0 7 0 31Streets/Traffic General Fund Traffic Operations Video Detection 0 0 0 0 0 0 624,000 N 0 0 0 10 5 1 0 3 0 19Streets/Traffic General Fund Planning Wayfinding Phases I-III 100,000 100,000 100,000 0 0 0 300,000 N 0 0 0 10 10 5 0 4 0 29Technology General Fund Communications (PSC) Communications Technology Upgrade 125,000 0 0 0 0 0 242,000 N 0 0 0 0 10 4 0 5 0 19Technology General Fund Communications (PSC) EOC/Backup Center Technology 140,000 0 0 0 0 0 140,000 N 0 0 0 0 10 5 0 0 0 15Technology Other - All Funds City Manager GPS for all City Vehicles & Equipment 375,000 0 0 0 0 0 375,000 N 0 3 0 10 0 4 0 10 0 27Technology General Fund Police In Car Broadband Connectivity 45,600 45,600 45,600 45,600 45,600 228,000 510,250 N 0 8 0 0 5 4 0 10 0 27Technology General Fund Communications (PSC) Intergraph Software Upgrade 125,000 0 0 0 150,000 175,000 450,000 N 0 5 0 0 10 5 0 10 0 30Technology General Fund Information Technology Server Upgrades 45,000 45,000 45,000 45,000 0 0 240,000 Y 0 0 0 0 10 5 0 10 0 FundedTechnology General Fund Police Video Recording System Upgrade 50,787 0 0 150,000 150,000 300,000 1,338,446 Y 2 6 1 0 10 5 0 10 0 FundedWater/Wastewater Water Fund Water Utilities Automated Meter Reading System (AMR) 1,250,000 1,250,000 1,250,000 0 0 0 7,500,000 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Wastewater Fund Water Utilities Clay Pipe Replacements 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 67,000,000 74,000,000 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Wastewater Fund

Water Utilities Collector Main Replacements 7,000,000 1,000,000 1,000,000 1,000,000 1,000,000 0 23,700,000 Y 0 0 0 0 0 0 0 0 0 Funded

Water/Wastewater General Fund Fort Concho Fort Concho Drainage Correction 0 0 0 0 0 225,000 225,000 N 0 0 0 10 10 0 0 0 0 20Water/Wastewater Water Fund Fort Concho Fort Concho Water Line Replacement/Officers' Row 0 75,000 25,000 25,000 0 0 125,000 Y 0 0 0 10 10 5 0 0 0 FundedWater/Wastewater Water Fund Water Utilities Transmission Line Valves Replacement 500,000 500,000 500,000 500,000 0 0 3,650,000 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Water Fund Water Utilities Transmission Mains 0 5,100,000 5,300,000 6,000,000 6,150,000 0 28,190,000 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Wastewater Fund Water Utilities Wastewater Srvc to Existing Developed Areas 1,000,000 0 0 0 0 13,000,000 17,000,000 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Water Fund Water Utilities Water Main Replacements 1,300,000 1,300,000 1,300,000 1,300,000 1,300,000 30,530,000 52,761,509 Y 0 0 0 0 0 0 0 0 0 FundedWater/Wastewater Water Fund,1/2¢

Water Utilities Water Supply Development 50,000,000 40,000,000 30,000,000 0 0 40,000,000 160,000,000 Y 0 0 0 0 0 0 0 0 0 Funded

Page 4 of 4

City of San Angelo Engineering Services

Master Drainage Plan Conceptual Improvements

Cost Estimate of Top 25 Key Study Elements

Conceptual

Key Study Element Ranking Project Project Cost 1999 Estimate

Bell Street at Koberlin Street 1 1 $2,818,530.00 $2,087,800.00

West Avenue P at Bryant Boulevard 2 2 $2,153,925.00 $1,595,500.00

Pecan Street at 3rd Street 3 3 $970,785.00 $719,100.00

Taylor Street at Conchita Street 4 4 $3,356,370.00 $2,486,200.00

Preusser Street (Lowrie to Schroeder) 5 5 $785,700.00 $582,000.00

Sul Ross Street at Sunset Drive 6 6 $1,662,390.00 $1,231,400.00

Southwest Blvd. At S. Fork Red Arroyo 7 7 $4,790,880.00 $3,548,800.00

Beauregard Ave (Campus to N. Concho) 8 8 $2,986,335.00 $2,212,100.00

Howard Street (North to Webster) 9 9 $397,305.00 $294,300.00

Glenwood Drive at Howard Street 10 10 $1,055,295.00 $781,700.00

Regent Blvd. at Gordon Blvd. 11 11 $2,879,145.00 $2,132,700.00

College Hills Blvd. at N. Fork Red Arroyo 12 12 $4,782,105.00 $3,542,300.00

30th Street at Day Elementary 13 13 $345,600.00 $256,000.00

Lindenwood Drive at Vista Del Arroyo 14 6 $746,955.00 $553,300.00

College Hills Blvd. at S. Fork Red Arroyo 15 12 $4,706,910.00 $3,486,600.00

Monroe Street at Sulphur Draw Park 16 14 $615,870.00 $456,200.00

Coke Street at East Angelo Draw 17 5 $2,039,310.00 $1,510,600.00

Loop 306 Access Road at Eckerd's 18 15 $2,279,340.00 $1,688,400.00

Lester Lane at Tres Rios Drive 19 16 $140,535.00 $104,100.00

Goodfellow Draw at Evelyn Avenue 20 17 $1,317,600.00 $976,000.00

24th Street at Blum Street 21 18 $3,749,220.00 $2,777,200.00

Bradford Sreet at 24th Street 22 19 $688,095.00 $509,700.00

Glenwood Drive (Harrison to Greenwood) 23 10 $1,009,530.00 $747,800.00

Howard Street at Brentwood Park 24 9 $59,130.00 $43,800.00

Madison Street (Avenue J to Algerita) 25 8 $232,065.00 $171,900.00

Total $46,568,925.00 $34,495,500.00

City of San Angelo Engineering Services

Capitol Improvements Projects

Priority List for Street Reconstruction Projects

April 28, 2011

Rank Roadway List ADT (VPD) Reconstruction Cost Area (SY)

1 College Hills from Beauregard to Sunset 15690 11,740,466.67$ 78,270

2 Avenue N from Bryant Blvd. to St Marys 14830 9,056,016.67$ 60,373

3 Bell St. from Concho River to Old Ballinger Hwy. 13650 8,424,033.33$ 56,160

4 Southwest from Sunset to Railroad Tracks 12620 12,946,266.67$ 86,308

5 Main St. from 9th St. to 26th St. 10720 3,466,966.67$ 23,113

6 29th St. from Bryant to 28th St. 10560 4,974,650.00$ 33,164

7 College Hills from Loop 306 to Valley View 10540 4,754,583.33$ 31,697

8 Pecos St. from Concho River to Howard 10220 3,003,116.67$ 20,021

9 Edmund from Concho River to Bryant 9920 6,958,083.33$ 46,387

10 Sunset Drive from Knickerbocker Road to railroad 9820 1,163,650.00$ 7,758

11 E. 19th St. from Bryant to Lillie 9010 1,514,883.33$ 10,099

12 Edmund Blvd. from Van Buren to Howard 8900 858,200.00$ 5,721

13 19th St. from Concho River to Lille 8720 2,045,350.00$ 13,636

14 Howard St. from Pecos to Houston Harte Freeway 7080 876,000.00$ 5,840

15 Oakes St. from Harris to 14th St. 7000 806,766.67$ 5,378

16 E. 14th St. from Chadbourne to Poe 6410 5,021,416.67$ 33,476

17 Rio Concho from Magdalene to Roosevelt 6090 2,329,550.00$ 15,530

18 Jackson St. from Avenue N to Knickerbocker 6060 4,353,733.33$ 29,025

19 Harris from Main to Bell 5860 2,547,283.33$ 16,982

20 Glenna Drive from Houston Harte to Junius 5770 2,600,250.00$ 17,335

21 Beauregard Ave. from Taylor to Sherwood Way 5580 942,875.00$ 6,286

22 MLK from 25th St. to 29th St. 4840 2,529,700.00$ 16,865

23 Bowie St. from 24th St. to 47th St. 4030 4,950,233.33$ 33,002

24 Culwell St. from Poe to Buchanan 4010 1,835,900.00$ 12,239

25 Southland Blvd. from Knickerbocker to Blue Ridge 3890 1,478,983.33$ 9,860

26 Hughes St. from Buchanan to Bell St. 3880 1,583,483.33$ 10,557

27 Cox Lane from Sunset to East Cox Lane 3790 854,183.33$ 5,695

28 Austin St. from Knickerbocker to Ave. N 3380 1,577,800.00$ 10,519

29 Executive Drive from Sunset to Knickerbocker 3371 1,153,950.00$ 7,693

30 Jefferson from Junis to Houston Harte 3340 3,433,116.67$ 22,887

31 Marx St. from 19th St. to 24th St. 3080 1,437,750.00$ 9,585

32 Bell from Railroad Tracks to 37 St. 2820 2,910,850.00$ 19,406

33 Irving from Concho River to Washington 2760 1,734,733.33$ 11,565

34 Riverside Golf Club Road from 29th St. to Bryant Blvd. 2550 1,103,150.00$ 7,354

35 41st St. from Coliseum to Bowie 2500 2,483,016.67$ 16,553

36 Mercedes from County Line to Glenna 2470 2,279,466.67$ 15,196

37 Smith Blvd. from Pullium to Houston Harte 2450 1,748,900.00$ 11,659

38 42nd St. from Coliseum to Armstrong 2080 4,656,133.33$ 31,041

39 28th St. from 29th St. to Armstrong 1940 822,016.67$ 5,480

40 Baze St. from Houston Harte to Culwell 1870 307,683.33$ 2,051

41 Pecan St. from 7th St. to 14th St. 1830 944,450.00$ 6,296

42 Highland from Bryant to Hill 1790 665,466.67$ 4,436

43 Huntington from Millbrook to Sunset 1500 1,149,583.33$ 7,664

44 Ben Ficklin from Becker to Country Club 1460 1,889,250.00$ 12,595

45 Old Ballinger Highway from North Bell St. to Pruitt 1430 2,838,050.00$ 18,920

46 Foster St. from Currier to Jackson 1430 2,292,550.00$ 15,284

47 37th St. from Bell to Pruitt 1340 455,983.33$ 3,040

48 Taylor from Beauregard to Live Oak 1327 791,650.00$ 5,278

49 Ben Ficklin from Bryant to Bryant 1100 1,130,533.33$ 7,537

50 South Concho Drive from Sierra Vista to Knickerbocker 990 4,847,016.67$ 32,313

51 Red Bluff Road from Knickerbocker Road to Middle Concho Drive 680 4,955,000.00$ 33,033

52 E. 25th St. from Main to Poe 500 1,049,783.33$ 6,999

53 Middle Concho Drive from Red Bluff Lane to the west 170 1,845,400.00$ 12,303

154,119,908.33$ Total Reconstruction Costs

City of San Angelo Capital Improvement Plan

Public Meeting May 16, 2011 – 6:00PM

Informal Minutes Location: Public Housing Authority 420 East 28th Street San Angelo, TX 76903

City Representatives: Finance Director, Michael Dane Public Information Officer, Ty Meighan Budget Analyst, Sr., Morgan Trainer Budget Analyst, Sr., Bryan Kendrick

Attendees: Mr. Russell Jacoby Mr. Jason Chegwidden Mr. Chris Cornell Ms. Alberta Spence

Ms. Lydia Horton Ms. Faye Maurer Anonymous Male

Presentation by Finance Director, Michael Dane

Lone Wolf Dog Park o Mr. Jacoby commented on the need for a dog park in San Angelo. He explained

he had been working with Parks Director Carl White and City Manager Harold Dominguez about the possibility and wanted to know the status.

Meadowcreek Park o Ms. Spence commented that she believed the Meadowcreek park project to be a

waste of city funding because the dust and mess created for the neighborhood and the length of time of the project. Furthermore, Mr. Cornell concurred on the timeliness issue and expressed concern on the public perception that regarding parks projects the city seems to be in direct competition with the private sector.

Fiscal Responsibility o Consensus was found among the group with comments related to the

importance of keeping fiscal responsibility in mind when moving forward regarding capital improvements.

o All the attendees agreed that the statement they wanted to send was, “Do the most good for the most people for the least amount of money. No Frills, only necessities and fiscal responsibility”

Street Projects o Mr. Cornell mentioned that street projects should be a priority because they

touch everyone.

30-60 Day Public Comment Period o Mr. Cornell asked that in the future a 30-60 day public comment period be

allowed for the CIP process.

City of San Angelo Capital Improvement Plan

Public Meeting May 17, 2011 – 6:00PM

Informal Minutes Location: Officer’s Quarters #8 Fort Concho 630 S. Oakes St. San Angelo, Texas 76903

City Representatives: Mayor, Alvin New Finance Director, Michael Dane Public Information Officer, Ty Meighan Fort Concho Director, Bob Bluthardt Budget Analyst, Sr., Morgan Trainer Budget Analyst, Sr., Bryan Kendrick

Attendees: Dr. Rex Bushong Mr. Jim Turner

Mr. Terry Giroux Mr. Jim Ryan

Presentation by Finance Director, Michael Dane

Hotel Tax o Dr. Bushong spoke in support of raising the Hotel Taxes as a possible funding

source for Fort Concho and other projects that promote the tourism and hotel industries, noting that our total tax on hotels is below the cities of Houston and San Antonio as well as many others.

o Mr. Giroux expressed concerns over raising any taxes in this current economic climate.

Street Reconstruction o Mr. Ryan suggested that the city take a look at moving 1/8 cent of the ½ cent

sales tax to fund street reconstruction projects.

Public Safety o Mr. Turner suggested that more emphasis be placed on public safety related

buildings, particularly the police department building.

Priorities o Mr. Turner commended City Council and City Management, stating that

priorities have been executed well in recent years through the CIP Process.

CIP Timeliness o Mr. Turner and Mr. Ryan commended staff on the timeliness of the CIP process

this year, commenting specifically on the improvement over last year.

Fiscal Responsibility o When read the statement, “Do the most good for the most people for the least

amount of money. No Frills, only necessities and fiscal responsibility” from the previous day’s meeting; consensus was again found among all attendees.

o

6/1/2011

1

2011-2016Capital Improvement Plan

CIP Overview• City Charter requirement

• Definition of a capital projectDefinition of a capital project

Land, facilities, parks, streets, water, waste water, technology, and transportation devices

Typically, total cost in excess of $100,000

Investments which yield a useful life of at least 5 years

6/1/2011

2

CIP Calendar

2/4/2011 CIP forms & instructions sent out



4/20/2011 CIP Committee review of projects5/16-17/11 CIP Public Meetings



Project Identity

Stormwater Quantity Projects

Street Construction Projects

6/1/2011

3

Public Meetings

Public meetings regarding the 2011-2016 Capital Improvement Plan (CIP) were held on May 16th and 17th.

The meetings took place at the Public Housing Authority and Fort Concho respectively Authority and Fort Concho, respectively.

Promotion of CIP Public MeetingsMeetings were publicized with the help of theCity’s Public Information Office in following ways:

March 22nd, 2011 City Council MeetingCity’s websiteChannel 17Social networking ( acebook & witter)L l di tl t Local media outlets TelevisionRadio Newspaper

6/1/2011

4

Public Meeting # 1Location: Public Housing Authority Time: Monday, May 16th at 6 p.m.Number of Attendees: 7Number of Attendees: 7

Summary of Public Comments:Lone Wolf Dog ParkMeadowcreek ParkFiscal ResponsibilityStreet Projects30-60 Day Public Comment Period

Public Meeting # 2Location: Fort Concho Officer’s Quarters #8

Time: Tuesday, May 17th at 6 p.m.

Number of Attendees: 4

Summary of Public Comments:

Hotel Tax

Street Reconstruction

Public Safety

Fiscal Responsibility

6/1/2011

5

Planning vs. Funding

CIP Pl i D tCIP = Planning Document

Identification of Project Needs

Funding discussed during the Budget Process

Removed Projects

Fire Truck Shop Addition

Signal Re-lamping

6/1/2011

6

Summary of Proposed ProjectsProject Type Number of

ProjectsProject Cost

Airport 21 23,858,644

Environmental 3 18 394 264Environmental 3 18,394,264

Equipment 10 6,611,952

Facility – Buildings,etc. 43 64,305,954

Facility – Parks & Recreation 30 20,262,850

Pedestrian 3 3,030,000

Stormwater 26 76 568 925Stormwater 26 76,568,925

Streets/Traffic 68 163,007,235

Technology 7 3,295,696

Water/Wastewater 10 367,151,509

221 $ 746,437,029

Proposed Projects for FY 2011-2012Proposed/CommittedFunding Source

Number of Projects

Project Cost

Airport 3 1,643,000Airport 3 1,643,000

Environmental 1 100,000

Equipment 2 268,000

Facility – Buildings, etc. 13 4,999,500

Facility – Parks & Recreations 7 5,038,000

Stormwater 1 1,000,000Stormwater 1 1,000,000

Streets/Traffic 4 1,931,000

Technology 7 906,387

Water/Wastewater 7 62,050,000

45 $ 77,935,887

6/1/2011

7

CIP Calendar

2/4/2011 CIP forms & instructions sent out



4/20/2011 CIP Committee review of projects5/16-17/11 CIP Public Meetings



Memo Date: May 18, 2011 To: Mayor and Council members From: Doray Hill Jr., Interim MPO Director Subject: Regular agenda item for 06-07-2011 City Council meeting Contacts: Doray Hill, Jr., San Angelo MPO 325-481-2800

-And- Kristan Hereford, San Angelo TxDOT 325-947-9242

Caption: Consideration of adopting a Resolution by the San Angelo City Council

accepting funds from the Texas Department of Transportation (TxDOT), Transportation Enhancement Program; authorizing the City Manager or his designee to execute an Advance Funding Agreement with TxDOT for a Transportation Enhancement (TE) Project described as Red Arroyo Shared-Use Pathway that provides for the division of costs and responsibilities associated with the design and construction of the project; and, authorizing City to provide local matching funds

Summary: The Texas Department of Transportation solicited projects for funding under the 2009 Texas Transportation Enhancement Program. In December 2009, the City of San Angelo nominated the Red Arroyo Shared-Use Pathway – a multi-use pathway that extends from Knickerbocker Road to Sherwood Way and runs along the Red Arroyo River. At the July 29, 2010 Texas Transportation Commission meeting the City of San Angelo was awarded $3,199,312 for construction of the project. History and Background: The Transportation Enhancement (TE) Program offers funding opportunities to help expand transportation choices and enhance the transportation experience through 12 categories of non-traditional activities related to the surface transportation system. Activities include pedestrian and bicycle infrastructure and safety programs, scenic and historic highway programs, landscaping and scenic beautification, historic preservation, and environmental mitigation. Transportation Enhancement projects are intended to go beyond standard transportation activities. Projects are integrated into the surrounding environment in a sensitive and creative manner that contribute to the livelihood of the community, promotes the quality of the environment, and enhances the aesthetics of the roadways.

City of San Angelo

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Projects also must establish a relationship to the surface transportation system by either function or impact. They can be developed as parts of larger transportation projects, as parts of larger joint development projects, or as stand-alone projects. In most recent years, Transportation Enhancement funds have been used to facilitate the Historic Santa Fe Depot, the Pedestrian Mallway, the San Angelo Concho River Visitors Center Trail, and Lone Wolf Bridge. Lone Wolf Bridge was approved under the last TE program call; however, funding was not available to complete the project. Instead, the American Recovery and Reinvestment Act (ARRA) provided funding for the project. Analysis: The proposed Red Arroyo Shared-Use Pathway (R-SUP) is a multi-use pathway that will extend from Knickerbocker Road to Sherwood Way with an offshoot down to Unidad Park and, with various internal offshoots along the system. The trail encompasses a fourteen-foot overall pathway that will be utilized by bicycles and pedestrians. The pathway, approximately 3.7 miles in length, will run along the Red Arroyo River. Amenities included with the pathway are drinking fountains, benches, parking areas, and restroom facilities. The R-SUP project has the potential of benefitting not only the citizens of San Angelo and Tom Green County but visitors to San Angelo, running groups, cyclist, schools, and nature observers. This pathway will develop a currently underutilized area that has great potential into a natural environment for users to be able to get to other areas in San Angelo without using a vehicle. Because this segment of the trail is almost centrally located, it will be accessible and available to citizens from different neighborhoods within the city, which can be viewed as providing a meeting place for social interaction. The Red Arroyo Shared-Use Pathway will provide several uses for the public mainly because it is a largely uninterrupted trail with a low impact on the surrounding neighborhoods. The pathway will serve as a buffer for the environment by preserving the native flora and fauna of the area. It will incorporate and preserve the natural surroundings, use solar energy sources as much as possible to reduce operation and maintenance costs, and utility costs, and incorporate vegetation that does not require lots of water. This trail will be maintained for the enjoyment and education of San Angelo’s citizens and visitors and will serve five main purposes, which include Transportation, Recreation, Education, Health Sustainability, and Economic Development. Transportation The R-SUP is a supplement to existing transportation in San Angelo because it connects two major traffic generators – Sherwood Way and Knickerbocker Road and links various other collector and residential streets including Sul Ross Street and College Hills Boulevard. It provides access to a variety of uses such as retail businesses, indoor/outdoor activity center, churches, parks, and a library. It is also in close proximity to major employers, elementary schools, and a large stadium. Not only does it tie these multi-uses together, it also connects adjacent neighborhoods.

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This pathway will encourage non-motorized transportation thus providing an alternative means of transportation. Although it will not eliminate vehicular traffic, it will help to reduce it because the pathway intersects two of the five transit routes. Ultimately, as sections are completed, a reduction in vehicular traffic is expected because more places of interest will be accessible via the R-SUP. Recreation As mentioned above, this pathway will provide facilities for cyclists and runners. Being 3.7 miles in length, this multi-use trail will encourage physical activity for those seeking a safer recreational atmosphere. This pathway will allow citizens more accessibility to places of interest by allowing users the opportunity to walk children to school, visit the park or library, go out to eat, play golf, watch a movie, or attend one of several churches all without ever getting into a vehicle. It will give those seeking more challenges an athletic place to exercise without having to worry about vehicular traffic or running/jogging along a busy street. Education The Red Arroyo Shared-Use Pathway is located in the vicinity of several mixed uses which include schools and a library. This trail will be used for educational purposes, that will incorporate cultural programs for youth and adults and provide hands-on aqua and agriculture classes for visiting schools, communities and organizations. One of the goals is to incorporate “pocket” areas that have specific educational information, whether it is wildlife, aquatic, or historical. Future educational grants will be used to add informational resource areas along the pathway. Health Sustainability The R-SUP promotes healthy and active living by offering those that are not seeking aerobic exercise a place to walk and relax or a place for leisure activities. Walking has benefits for the body and mind, and helps to lower blood pressure and bad cholesterol, which aids in reducing the risk of heart disease, stroke, and diabetes. It will provide users with a facility to get their legs and hearts pumping as a regular routine. The pathway is an inexpensive, individual means of transport that is financially feasible to citizens, workers, and students in the vicinity that choose to walk to get healthy. Economic Development The pathway has an economic development advantage in that it would help to promote not only bicycle and pedestrian use, but would contribute to the local economy. Studies have shown that where bicycle and pedestrian tourism is fostered and promoted, and where investments are made in bicycle and pedestrian facilities, the economic impact may be greater. The R-SUP has the potential to attract new residents to the City as well. Potential residents are often drawn to places that provide safe facilities for recreation and enjoyment, especially ones that offer scenic opportunities suitable for a wide range of ages and abilities. Trails and pedestrian facilities are very popular and can revitalize businesses, create jobs, catch the attention of new residents, and increase public revenue. Furthermore, this project is consistent with the goals of the San Angelo – River Corridor Master Plan; Parks, Recreation and Open Space Master Plan; Comprehensive Land Use Plan; and Bicycle and Pedestrian Plan. These plans emphasize connections through

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alternative modes of transportation to neighborhoods, schools, parks, retail outlets, employment centers, and downtown. They also specifically mention the Red Arroyo as a viable opportunity of fulfilling that need. The R-SUP will improve the area and will provide a very useful means to travel from one part of the city to another, providing a contiguous and extensive public open space corridor. The Red Arroyo Shared-Use Pathway will achieve a significant part of the City’s overall goal of expanding bicycle and pedestrian possibilities. By offering an alternative mode of transit, it will encourage citizens to feel comfortable giving up their car on a day-to-day basis and travel in a more sustainable fashion. This pathway will serve as a catalyst for future pathway extensions and for alternative transportation options. This first segment of the Red Arroyo Shared-Use Pathway is crucial because it lays the foundation for continuing this multi-use pathway along the Red Arroyo, which will ultimately link Goodfellow Air Force Base, Angelo State University, and Texas Bank Sports Complex together along with other developments. Plans include continuing this multi-use pathway along the Red Arroyo that would connect areas of town to one another creating one trail that would unite other transit/transportation, military, educational, and commercial and residential uses. Financial Impact: The Transportation Enhancement funds cover 80% of project costs and the applicant is responsible for the remaining 20%, including all overrun costs. The City was awarded $3,199,312 in TE funds and is required to provide $799,828 as a local match for a total project cost of $3,999,140. Local match funds are proposed to come from three sources: Stormwater ($400,000-$500,000) South Concho Park ($325,000) Outside or private organization(s) ($125,000)

In actuality, some of the work activities that are required for construction of the R-SUP have to be installed along the river because of Stormwater requirements, which means that the City’s contribution could be small. Payment of $10,432 is due within 30 days of execution of Advance Funding Agreement and final payment is due 60 days prior to construction contract being advertised for bids or before April 2014. Providing the local match gives the City a unique opportunity to leverage approximately $3.2 million that can be used to develop an area that is underutilized, but has enormous potential. Related Vision Items:

Neighborhood Vision – Provide good infrastructure. Industry Vision – Capitalize on alternative transportation modes.

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Commerce Vision – Compatibility of adjoining commercial and neighborhood districts and streamline development process. Transportation Vision – Develop sidewalks and bicycle facilities in conjunction with roadway construction. Parks and Open Space Vision – Develop a pedestrian/bike network between park facilities, activity centers, and downtown.

Notification: No notification required. Recommendation: City staff recommends approval of adopting a Resolution by the San Angelo City Council accepting funds from the Texas Department of Transportation (TxDOT), Transportation Enhancement Program; authorizing the City Manager or his designee to execute an Advance Funding Agreement with TxDOT for a Transportation Enhancement (TE) Project described as Red Arroyo Shared-Use Pathway that provides for the division of costs and responsibilities associated with the design and construction of the project; and, authorizing City to provide local matching funds. Attachments:

Four Maps -Map highlighting proposed Red Arroyo Shared-Use Pathway and future extensions -Map showing bike and pedestrian routes -Map displaying transit routes -Map showing all of the above and schools, parks, and places of interest

Letters of support/interest

-COSA - Parks and Recreation Department -COSA - Stormwater

Resolution (accepting funds and authorizing execution of related documents) Award letter from Texas Transportation Commission meeting on July 30, 2010

Advance Funding Agreement (including Resolution approved on November 17, 2009) Presentation: Doray Hill, Jr.

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City of San Angelo

Engineering Services

Memo To: Harold Dominguez, City Manager

From: Clinton Bailey, City Engineer

Date: 5/26/20116/2/2011

Re: Funding for Red Arroyo Shared-Use Pathway Project

Engineering Services has discussed with you the possibility of expending Stormwater funds allocated for the construction of stormwater quality improvements projects in the approximate amount of $400,000 - $500,000 to the development of the Red Arroyo Shared-Use Pathway Project. Use of these funds would be for construction of projects along the Red Arroyo that are identified through engineering analysis of collected stormwater quality and quantity data. These projects would likely consist of detention/retention pond systems that would be constructed to address specific stormwater quality issues. If integrated into the proposed Red Arroyo project these stormwater systems could also serve as pedestrian amenities providing interesting views, community fishing ponds and education centers. I understand that use of these funds for this project will require approval of the City Council.

A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING FUNDS FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT), TRANSPORTATION ENHANCEMENT PROGRAM; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH TxDOT FOR A TRANSPORTATION ENHANCEMENT (TE) PROJECT DESCRIBED AS RED ARROYO SHARED-USE PATHWAY THAT PROVIDES FOR THE DIVISION OF COSTS AND RESPONSIBILITIES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF THE PROJCET; AND, AUTHORIZING CITY TO PROVIDE LOCAL MATCHING FUNDS.

WHEREAS, The Transportation Enhancement (TE) Program is federally funded

through the Surface Transportation Program, administered by the Texas Department of Transportation (TxDOT) for the Federal Highway Administration (FHWA) of the U.S. Department of Transportation (USDOT); and

WHEREAS, The Federal Texas Transportation Enhancement Program offers funding

opportunities to help expand transportation choices and enhance the transportation experience; and

WHEREAS, On November 17th, 2009, San Angelo City Council approved a resolution

acknowledging that if the Red Arroyo Shared-Use Pathway Project is funded the City would provide the local matching funds and any costs overrun; and

WHEREAS, At the Texas Transportation Commission meeting on July 29, 2010,

funding for $3,199,312 was awarded to the City of San Angelo for the Red Arroyo Shared-Use Pathway; and

WHEREAS The City of San Angelo desires to enter into an Advance Funding

Agreement for the Transportation Enhancement (TE) project described as Red Arroyo Shared-Use Pathway with the Texas Department of Transportation to provide for the division of costs and responsibilities associated with the design and construction of the Project; and

WHEREAS, Program funding is an 80% federally funded cost-reimbursement program

managed through the TxDOT with 20% matching local funds, and with the local share of project preliminary costs of $10,432 due with submission of the Advance Funding Agreement:

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF SAN ANGELO, TEXAS, unequivocally supports the acceptance of Transportation Enhancement funds, agrees to provide local matching funds for the Red Arroyo Shared-Use Pathway, and the local share of project preliminary costs, AND: § The City Manager or his designee is hereby authorized to act on behalf of the City of San

Angelo in all matters related to the project and any subsequent activities associated with the project that may result, including but not limited to execution of an Advance Funding Agreement For a Transportation Enhancement (TE) Project that provides for the division of costs and responsibilities associated with the design and construction of the Project,

including provision for local share of project preliminary costs and 20% matching funds from the City, and related project documents.

PASSED, APPROVED and ADOPTED ON THIS _______ day of __________________, 2011.


_________________________ Alvin New, Mayor

Attest: _____________________ Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: ______________________ ____________________________ Lysia Bowling, City Attorney Doray Hill, Jr., Interim MPO Director

City of San Angelo

Memo Meeting Date: June 7 2011


From: Bradley Stone, Principal Planner

Subject: ordinance for introduction to City Council at meeting on 06-07-2011 and possibly followed by second reading on 06-28-2011, annexing approximately 200 acres located southwest of San Angelo’s existing city limits

Contact: A J Fawver, Planning Manager 657-4210

Caption: Public Hearing and consideration of an Ordinance annexing approximately 200 acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and an approximately 0.34-mile segment of right-of-way for Red Bluff Road

AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO

BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFOR; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE

________________________________________________________________________________________

Summary: The attached draft ordinance authorizes annexing approximately 200 acres adjacent to the southwestern City limits of San Angelo, which said acreage encompasses each of the following features:

• the Lake Nasworthy Power Station at 6465 Knickerbocker Road,

• an adjacent electric substation,

• an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and

• an approximately 0.34-mile long segment of right-of-way for Red Bluff Road. This proposed annexation area is believed to include no residents. History and Background:

During the early 1950’s, the City of San Angelo bought Lake Nasworthy and a significant area of land surrounding it, from the old West Texas Utilities Company.1 During the early 1960’s, the City of San Angelo sold a portion of what it had earlier bought from West Texas Utilities, back to West Texas Utilities for them to building an electric power station and pathway (500+ feet wide) for electric power transmission. In more recent years, the physical assets of West Texas Utilities have been sold to American Electric Power (AEP), and the electric power station on Lake Nasworthy closed. The site of that electric power station has been sold to another party,2 but AEP still owns:

• a large electric substation facility located adjacent to the electric power plant; and

• an approximately 500-foot wide strip of land extending north from the electric power plant and Red Bluff Road, occupied by parallel arrays of electric power transmission lines.

Other than the City of San Angelo, which owns a narrow strip of land through which Red Bluff Road is extended, AEP and the electric power station’s new owner (Fleet Equipment Leasing) are the only owners of property in this proposed annexation area.

Recommendation:

1 not the new West Texas Utilities, which is now simply a retail energy provider

2 Fleet Equipment Leasing from Eastland, Texas

City staff recommends approving the proposed annexation of these approximately 200 acres, with the attached draft annexation ordinance.

• Without annexation of this acreage, anticipated future annexation of nearby land to the west3 will leave an awkward and inexplicable “hole” in the incorporated area of San Angelo. As mentioned above, most of the acreage in this “hole” was sold by the City of San Angelo to the original West Texas Utilities company during 1961-62, for construction of Lake Nasworthy Power Station (now closed) as well as accompanying electric power transformers and transmission lines. A provision in the deed conveying this acreage to West Texas Utilities stipulates that it “will not be brought into the City limits of San Angelo…unless actual land development residential and other purposes has progressed continuously from the City Limits of San Angelo, as they now exist, to such an extent that the area covered by this deed is substantially surrounded by land actually developed inside the City limits.” City staff believes that, during the almost 50 years since this deed was executed, the expansion of San Angelo’s urbanized area has progressed so that this acreage is now substantially surrounded by development.

• This unincorporated area includes a short (0.34 mile long) and otherwise isolated segment of Red Bluff Road not now encompassed within San Angelo’s corporate limits. Because this segment of Red Bluff Road provides access to Middle Concho Park as well as to the Red Bluff and Lincoln Park groups of housing on Lake Nasworthy, the City’s Operations Department has already been maintaining this segment of Red Bluff Road, for 50 or more years.

Related Vision Items: San Angelo’s 2009 Comprehensive Plan identifies two general goals for future annexation:

Goal 1: Use annexation to ensure that new housing and business activity is incorporated within City limits of San Angelo, in a way which minimizes up-front municipal expenditures (for capital improvements in newly annexed areas) but maximizes suitability of such development within the urban context of San Angelo. Annex areas before extensive development of home sites and business properties occurs, guiding any such development within a framework of municipal regulations on zoning, subdivision, signs, fire prevention and building construction.

Goal 2: Balance short-term costs of making measured capital improvements in possible annexation areas, with long-term costs of not annexing these same areas. Recognize that determining the best areas for annexation involves anticipating realistic potential for development of new home sites and new business activity all around the urban fringe, annexing the most promising such areas where timely application of urban development standards can have an effective impact.

3 instigated by private developers

Attachments: map and aerial photo illustrating proposed annexation of land located southwest of San Angelo;

draft ordinance authorizing annexation of all approximately 200 acres, with accompanying service plan

Publication: A legal notice was published in the San Angelo Standard-Times on

April 22 of 2011, inviting interested persons to speak for or against proposed annexation, at either one or both of two public hearings on May 3rd and on May 17th of 2011.

Presentation: A J Fawver, Planning Manager Reviewed by: AJ Fawver, Planning Manager (05/27/11)

AN ORDINANCE ANNEXING TERRITORY GENERALLY DESCRIBED TO BE APPROXIMATELY 200 ACRES OUT OF H. F. GANTZ SURVEY 179, C. DAMMAN SURVEY 180 AND C. A. VOIGT SURVEY 181 IN TOM GREEN COUNTY, TEXAS, BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF SAN ANGELO; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; DESCRIBING THE TERRITORY ANNEXED AND PROVIDING A SERVICE PLAN THEREFOR; OBLIGATING THE PROPERTY SITUATED THEREIN TO BEAR ITS PRO RATA PART OF TAXES LEVIED; PROVIDING RIGHTS AND PRIVILEGES AS WELL AS DUTIES AND RESPONSIBILITIES OF INHABITANTS AND OWNERS OF SAID TERRITORY; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE

ordinance annexing approximately 200 acres located southwest of San Angelo’s existing city limits, encompassing the Lake Nasworthy Power Station at 6465 Knickerbocker Road, an adjacent electric substation, an approximately 500-foot wide strip of land occupied by parallel arrays of electric power transmission lines, and an approximately 0.34-mile segment of right-of-way for Red Bluff Road WHEREAS, the City of San Angelo, Texas is a home-rule municipality authorized by State law and the City Charter to annex territory lying adjacent and contiguous to the corporate limits of said City of San Angelo, Texas; and WHEREAS, three public hearings have been held, the first on May 3rd of 2011, the second on May 17th of 2011, and the third on June 7th of 2011, as required by law and at San Angelo’s McNease Convention Center, where all interested persons were provided an opportunity to be heard on the proposed annexation of property and territory hereinafter described; and WHEREAS, all notices have been issued as required by law and all hearings held within the time required by law; and WHEREAS, a service plan has been prepared that provides for the extension of appropriate municipal services into the area hereinafter described, which plan is attached hereto, and the City of San Angelo is able to provide such services; and WHEREAS, the hereinafter described property and territory is not within the boundaries of any other municipality, lies within the extraterritorial jurisdiction of the City of San Angelo,

Texas, and lies adjacent to and adjoins the present boundaries of the City of San Angelo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SAN ANGELO; 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. That the property described in Exhibit “A” which is attached hereto and incorporated herein for all purposes, said territory lying adjacent to and adjoining the present boundaries of the City of San Angelo, Texas, be and is hereby added and annexed to the City of San Angelo, and said territory hereinafter described shall hereafter be included within the corporate limits of the City of San Angelo, and the present boundary lines of said City, at various points contiguous to the area hereinafter described, are altered and amended so as to include said area within the corporate limits of the City of San Angelo. Section 3. That the service plan attached hereto as Exhibit “B” is hereby approved and is incorporated into this ordinance as if it were recited herein. The City of San Angelo makes an affirmative determination that this service plan provides for services to the annexed area which are comparable to other areas within the City of San Angelo with similar land utilization, population density and topography. It is further found that those characteristics of land use, population density and topography which distinguish this territory from other areas of San Angelo are considered a sufficient basis for providing a different level of services in the annexed territory. Section 4. That the annexed territory described above is a part of the City of San Angelo for all purposes, and the property situated therein shall bear its pro rata part of taxes levied by the City of San Angelo, and shall be entitled to the same rights and privileges, bound by the same duties and responsibilities as other property within the corporate limits. Section 5. That the inhabitants residing and owners of property within the confines of the annexed territory shall be entitled to all the rights and privileges of all the other citizens and property owners of San Angelo and shall be bound by the Charter, Ordinances, Resolutions and other regulations of the City of San Angelo. Section 6. That the official map and boundaries of the City of San Angelo, Texas, heretofore adopted and amended, shall be and are hereby amended so as to include the aforementioned territory as part of the City of San Angelo, Texas. Section 7. That if any portion, provision, section, subsection, sentence, clause or phrase of this ordinance (or the application of same to any person or set of circumstances) is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance (or their application to other persons or sets of circumstances) shall not be affected thereby, it being the intent of City Council in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

Section 8. That this ordinance will become effective on the day of its adoption. INTRODUCED on the 7th day of June, 2011, and finally PASSED, APPROVED AND ADOPTED

on this the 28th day of June, 2011.

THE CITY OF SAN ANGELO by:______________________________________ Alvin New, Mayor ATTEST: by:_________________________________


EXHIBIT “A” legal description of approximately 200 acres out of H. F. Gantz

Survey 179, C. Damman Survey 180 and C. A. Voigt Survey 181 in Tom Green County, Texas, annexed to the City of San Angelo on June 28, 2011

BEGINNING at a point on the existing City limits of San Angelo and the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584) and which said point is also the southeast corner of Lot 2 in Block 2 of Lake Nasworthy Addition Group Twenty-One, as shown on a subdivision plat of said Group Twenty-One recorded on Slide 96 in Cabinet F of the Tom Green County Clerk’s Plat Records; THENCE N. 63º 47’ 12” W. for a distance of 437.2 feet4 along an existing City limits line coinciding with the south boundaries of Lots 2 and 1, consecutively, in Block 2 of Lake Nasworthy Addition Group Twenty-One, to a point at the southwest corner of Lot 1 in said Block 2, the same point being an inset corner of that certain “FIRST TRACT” comprising 89.72 acres conveyed from the City of San Angelo to the West Texas Utilities Company, by deed recorded on Pages 242 thru 247 in Volume 427 of Deed Records for Tom Green County, Texas, said 89.72 acres hereinafter referred to as the FIRST TRACT in West Texas Utilities’ Lake Nasworthy Power Station Property; THENCE N. 26º 12’ 51” E. for a distance of 208.725 feet along an existing City limits line coinciding with the west boundary of Lot 1 in Block 2 of Lake Nasworthy Addition Group Twenty-One, as said Lot 1 is shown on a subdivision plat recorded on Slide 96 in Cabinet F of the Tom Green County Clerk’s Plat Records, to a point on the south line of right-of-way for Red Bluff Road and which said point is also the northwest corner of Lot 1 in Block 2 of Lake Nasworthy Addition Group Twenty-One, the same point also being the most northerly northeast corner of the FIRST TRACT in West Texas Utilities’ Lake Nasworthy Power Station Property; THENCE N. 64º 29’ 30” W. for a distance of approximately 270 feet along an existing City limits line coinciding with the northernmost boundary of the FIRST TRACT in West Texas Utilities’ Lake Nasworthy Power Station property and the south line of right-of-way for Red Bluff Road, to a point on the south line of said right-of-way; THENCE N. 25º 30’ 30” E. for a distance of approximately 93 feet along San Angelo’s existing City limits and perpendicularly across the width of right-of-way for Red Bluff Road, to a point on the north line of said right-of-way, said point also being the southernmost southeast corner of that certain 79.3-acre tract conveyed from the City of San Angelo to the West Texas Utilities Company, by deed recorded on Pages 458 thru 461 in Volume 434 of Deed Records for Tom Green County, Texas, said 74.93 acres hereinafter referred to as West Texas Utilities’ Lake Nasworthy Transmission Line Property;

4 or N. 64º 29’ 30” W. for a distance of 430.7 feet, per ordinance annexing approximately 634 acres to the City limits of San Angelo, as approved by San Angelo’s City Council on December 4, 1984 5 or N. 25º 30’ 30” E. for a distance of 208.7 feet, per deed to FIRST TRACT of West Texas Utilities’ Lake Nasworthy Power Station Property

THENCE continuing N. 25º 30’ 30” E. for a distance of 1190.0 feet along an existing City limits line coinciding with an east boundary of West Texas Utilities’ Lake Nasworthy Transmission Line Property, to a point at an inset corner on the east boundary of said Transmission Line Property; THENCE N. 57º 51’ 00” for a distance of 3580 feet along an existing City limits line coinciding with an east boundary of that certain 74.93-acre tract referred to herein as West Texas Utilities’ Lake Nasworthy Transmission Line Property, to a point on the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584); THENCE N. 24º 07’ 43” E. for a distance of approximately 850 feet along the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584) and the existing City limits of San Angelo, to a point on the west line of said right-of-way and at an inset corner of San Angelo’s existing City limits, said point being situated 4100 feet (as measured along the west line of Knickerbocker Road’s right-of-way) from the centerline of Texas Highway Loop 306, per ordinance annexing approximately 2.2 square miles to the City limits of San Angelo and approved by San Angelo’s City Commission on March 18 of 1975; THENCE westward and perpendicular to the centerline of Knickerbocker Road, for a distance of approximately 130 feet along the existing City limits of San Angelo (per above-mentioned ordinance annexing approximately 2.2 square miles to the City of San Angelo on March 18 of 1975) to a point on the southeast line of right-of-way for what was long known as the KCM&O Railroad and/or the ATS&F Railroad but which is presently known as the South Orient Railroad; THENCE in a southwestern direction along an existing City limits line coinciding with the southeast line of right-of-way for what was long known as the KCM&O Railroad and/or the ATS&F Railroad but which is presently known as the South Orient Railroad, to a point at the northeast corner of Block 1 in Lakeside Ranch Addition, as shown on a subdivision plat of Lakeside Ranch Addition, Section One, which is recorded on Slide 53 in Cabinet F of the Tom Green County Clerk’s Plat Records; THENCE S. 59º 04’ 05” W. for a distance of 1402.96 feet along an existing City limits line coinciding with a southeast boundary of Block 1 in said Lakeside Ranch Addition, to a point; THENCE S. 57º 40’ 52” W. for a distance of 179.88 feet along an existing City limits line coinciding with another southeast boundary of said Block 1, to a point; THENCE S. 54º 32’ 03” W. for a distance of 809.75 feet along an existing City limits line coinciding with yet another southeast boundary of Block 1 in the Lakeside Ranch Addition, as shown on a subdivision plat of Lakeside Ranch Addition, Section One, which is recorded on Slide 53 in Cabinet F of the Tom Green County Clerk’s Plat Records; THENCE S. 53º 13’ 00” West for a distance of 2188.11 feet along a west boundary of that certain 74.93-acre tract conveyed from the City of San Angelo to the West Texas Utilities Company, by deed recorded on pages 458 thru 461 in Volume 434 of Deed Records for Tom Green County, Texas, said 74.93 acres referred to herein as West Texas Utilities’ Lake Nasworthy Transmission Line Property, at approximately 772 feet pass the south line of right-of-way for Twin Mountain Drive and the southwest corner of the subdivision shown on the plat of

Lake Nasworthy Addition, Section One, to a point at the northernmost southwest corner of (and the designated point of beginning for) West Texas Utilities’ Lake Nasworthy Transmission Line Property, said point being on the southeast line of right-of-way for an abandoned portion of the KCM&O Railroad, 4704.14 feet south and 500 feet east from the northwest corner of C. Damman Survey 180 in Tom Green County, Texas; THENCE continuing on a line bearing S. 53º 13’ 00” for a distance of approximately 255 feet along the same southeast line of right-of-way for an abandoned portion of the KCM&O Railroad and the north boundary of municipally-owned land in and around Lake Nasworthy, to a point on another north boundary of such municipally-owned land, the same point being on the north line of right-of-way for Red Bluff Road; THENCE N. 88º 43’ 47” E. for a distance of approximately 810 feet along a north boundary of municipally-owned land surrounding Lake Nasworthy and the north line of right-of-way for Red Bluff Road, to a point at an inset corner of approximately 634 acres annexed to the City limits of San Angelo, per ordinance approved by San Angelo’s City Council on December 4 of 1984; THENCE S. 53º 13’ 00” E. for a distance of 142.76 feet along the existing City limits of San Angelo and diagonally across the width of Red Bluff Road, to a point at the northwest corner of that certain “SECOND TRACT” of 15.45 acres conveyed from the City of San Angelo to the West Texas Utilities Company, by deed recorded on Pages 242 thru 247 in Volume 427 of Deed Records for Tom Green County, Texas, said 15.45 acres hereinafter referred to as the SECOND TRACT in West Texas Utilities’ Power Station Property; THENCE continuing S. 53º 13’ 00” W. for a distance of 1425.3 feet along an existing City limits line coinciding with the west boundary of the aforementioned SECOND TRACT in West Texas Utilities’ Power Station Property, to a point at an inset corner of San Angelo’s existing City limits; THENCE S. 36º 47’ 00” W. for a distance of 500.0 feet along the existing City limits of San Angelo, at 400.0 feet pass the southeast corner of the SECOND TRACT in West Texas Utilities’ Power Station Property and, thence, continuing an additional 100.0 feet across the width of an abandoned portion of the KCM&O Railroad, to a point at another inset corner of San Angelo’s existing City limits; THENCE N. 53º 13’ 00” E. for a distance of 782.2 feet along the existing City limits of San Angelo, to a point at the most westerly southwest corner of that certain “FIRST TRACT” of 89.72 acres conveyed from the City of San Angelo to the West Texas Utilities Company, by deed recorded on Pages 242 thru 247 in Volume 427 of Deed Records of Tom Green County, Texas, said 89.72 acres hereinafter referred to as the FIRST TRACT in West Texas Utilities’ Lake Nasworthy Power Station Property; THENCE S. 69º 32’ 15” E. for a distance of 404.3 feet along an existing City limits line coinciding with a southern boundary of the FIRST TRACT in West Texas Utilities’ Lake Nasworthy Power Station Property; THENCE S. 52º 00’ 30” E. for a distance of 2727.65 feet along the existing City limits of San Angelo, to a point on the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584);

THENCE N. 13º 12’ 41” E. for a distance of 1429.95 feet along an existing City limits line coinciding with the west line of right-of-way for Knickerbocker Road (R.M. Hwy 584) to a point; THENCE N. 11º 22’ 00” E. for a distance of 203.61 feet along an existing City limits line coinciding with the west line of right-of-way for Knickerbocker Road (R.M. Hwy. 584) to a point; THENCE continuing with the west line of Knickerbocker Road and a curve to the right having a radius of 1980.08 feet and an arc length of 164.73 feet, to the POINT OF BEGINNING.

EXHIBIT “B” plan for extension of municipal services to approximately 200

acres out of H. F. Gantz Survey 179, C. Damman Survey 180 and C. A. Voigt Survey 181 in Tom Green County, Texas, annexed to the City of San Angelo on June 28, 2011

SERVICES PROVIDED WITHIN SIXTY (60) DAYS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION The City of San Angelo, Texas and its Police Department will provide police protection to the newly annexed territory at the same or similar service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. 2. FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE The City of San Angelo, Texas and its Fire Department will provide fire protection and emergency medical service to the newly annexed territory at the same or similar level of service now being provided to other areas of the City of San Angelo, Texas which exhibit land use and population densities similar to that of the newly annexed area. Furthermore, the City of San Angelo Fire Department will respond to all dispatched calls (including those for emergency medical services) and other requests for service or assistance within the newly annexed area, the same as it would within other areas inside the City limits of San Angelo. 3. SOLID WASTE COLLECTION At the present time, the City of San Angelo, Texas is utilizing a designated, specific contractor for collection of solid waste and refuse within the City limits of San Angelo. Such contract for solid waste collection is with Trashaway Services, Incorporated. Upon payment of required deposits and agreement to pay lawful service fees and charges, solid waste collection will be provided to all residents, businesses and other users of property in the newly annexed area, to the extent the City’s contractor has access to such property requested to be serviced. 4. MAINTAINING WATER AND WASTEWATER FACILITIES Any and all water or wastewater facilities owned or maintained by the City of San Angelo, Texas at the time of annexation shall continue to be maintained by the City of San Angelo. Any and all water and wastewater facilities which may be acquired subsequent to annexation of the subject territory shall be maintained by the City of San Angelo, to the extent of its ownership. Existing water and sewer mains at their present locations shall be available for point-of-use connections, based on applicable utility extension policies and/or

ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 5. MAINTAINING ROADS, STREETS AND ALLEYWAYS Any and all roads, streets or alleyways which have been dedicated to the public shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar land use, population density and topography. Municipal maintenance of properly dedicated roads, streets and alleyways (which may be installed by developers of land within this newly annexed territory) will be consistent with such maintenance provided by the City of San Angelo to other roads, streets and alleyways in areas exhibiting land use, population densities and topography similar to that of the newly annexed area. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable electric utility company (or companies) servicing the City of San Angelo, Texas, pursuant to applicable rules, regulations and fees of such applicable utility (or utilities). 6. MAINTAINING PARKS, PLAYGROUNDS AND SWIMMING POOLS The City Council of the City of San Angelo, Texas is not aware of the existence of any parks, playgrounds or public swimming pools now located in the newly annexed territory. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of San Angelo shall maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar municipal facilities now incorporated in the City of San Angelo, Texas. 7. MAINTAINING OTHER PUBLICLY-OWNED FACILITIES OR BUILDINGS The City Council of the City of San Angelo, Texas is not aware of the existence of any publicly-owned facility or building now located in the area proposed for annexation. In the event any such publicly-owned facility or building does exist and are public facilities or buildings, the City of San Angelo shall maintain such facilities or buildings to the same extent and degree that it maintains similar municipal facilities and buildings now incorporated in the City of San Angelo, Texas. CONSTRUCTION OF CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2½ YEARS FOLLOWING THE EFFECTIVE DATE OF ANNEXATION: 1. POLICE PROTECTION, FIRE PROTECTION, EMERGENCY MEDICAL

SERVICES AND/OR SOLID WASTE COLLECTION

The City Council of the City of San Angelo, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement within 2½ years following the effective date of annexing the subject territory, for the purpose of providing police and fire protection, emergency medical services and/or solid waste collection. The City Council finds and determines that it has at the present time adequate facilities to provide comparable levels of protection and service to what is presently being provided to other areas already incorporated in the City of San Angelo, Texas, having the same or similar land use, population density and topography as that of the newly annexed territory. 2. WATER AND WASTEWATER FACILITIES During the next 2½ years, the City Council of the City of San Angelo, Texas believes that adequate municipal water and sewer mains exist for point-of-use connections and serviceable extensions, to provide both water and sewer service within the newly annexed territory, pursuant to applicable utility extension policies and/or ordinances of the City of San Angelo, now existing or as such policies and/or ordinances may be amended. 3. ROADS AND STREETS

Developers of land within the newly annexed territory will be required to provide internal streets (and to improve peripheral or boundary streets) in accordance with applicable ordinances of the City of San Angelo, and such street improvements shall comply with specifications required by the City of San Angelo, for properly dedicated streets. Within 2½ years following the effective date of annexation, the City of San Angelo, Texas, with a cooperative effort by the City’s designated electric utility company (or companies), will undertake to provide the same degree of road and street lighting as is provided in areas of similar land use, population and topography already existing within the present corporate limits of the City of San Angelo, Texas. 4. PARKS, PLAYGROUNDS AND SWIMMING POOLS, AS WELL AS OTHER

PUBLIC FACILITIES OR BUILDINGS To the extent that it becomes necessary because of development demands, population growth and bona fide needs, the City Council of the City of San Angelo, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of citizens in the newly annexed territory, based upon standard considerations of land use, population density and topography. SPECIFIC FINDINGS: The City Council of the City of San Angelo, Texas finds and determines that this Service Plan will not provide any fewer services nor will it provide a lower level of service, in the newly annexed territory, than were in existence at the time immediately preceding this territory’s annexation to the City of San Angelo, Texas.

City of San Angelo

Memo DATE: May 24, 2011 TO: Mayor and Council Members FROM: Robert Salas, Neighborhood & Family Services Department Director SUBJECT: Agenda Item for June 7, 2011 Council Meeting CONTACT: Robert Salas 657-4274 CAPTION: Regular First Public Hearing to allow citizen input on requested projects to be considered for funding with Grant Year 2011 Community Development Block Grant and HOME Investment Partnerships Grant funds from the U.S. Department of Housing and Urban Development and discussion and

deliberation on funding allocations for said funds.

____________________________________________________________________________________

Summary: This is the 1st public hearing for the 2011 CDBG and HOME allocations and the discussion and deliberation of those funds. The City Council needs to make its allocation decisions in order to comply with the Citizen Participation Plan and allow staff to prepare the Annual Action Plan. The attached spreadsheet sets out the available funding for the allocations and the staff’s recommendations. History: The City expects to receive $808,960 in CDBG funds and $402,038 in HOME funds from the U.S. Department of Housing and Urban Development (HUD) for Grant Year 2011. Additionally, we anticipate receiving $41,850 in CDBG program income, $22,000 in HOME program income, $34,000 in rental revenue and $91,347 in prior year funds to be reallocated for a total of $1,400,195 to be allocated to 2011 projects. In allocating these funds, the City must operate under certain limitations set forth in Title 24 of the Code of Federal Regulations. Limitations and the activity categories of those limitations are as follow: CDBG: Administration 20% cap $170,162 HOME: Administration 10% cap $42,038 The application summaries are attached. The summaries provide a synopsis of the application, staff review and analysis, and funding history for the applicant and/or program. The other attachment is the 2011 CDBG/HOME Projects Funding Worksheet. Financial Impact: The allocation process must be completed in order to submit the required Annual Action Plan to HUD for approval and expend allocated funds.

Related Vision Item: Neighborhood Revitalization. Other information/recommendations: Staff recommends City Council allocate $1,400,195 to 2011 projects as proposed by staff. Attachments: 2011 CDBG and HOME Application Summaries 2011 Funding Worksheets Presentation: By Neighborhood & Family Services Director Bob Salas and Senior Program Coordinator Mauri Rodriguez Publication: Standard Times (English and Spanish) Reviewed by Department Director: N/A

City of San Angelo

Grant Year 2011 Summaries for

CDBG & HOME Grant Applications

Prepared by: Mauri LC Rodríguez, Sr. Program Coordinator Angelica V. Peña, Program Coordinator

i i

TABLE OF CONTENTS Community and Housing Support Administration ................................................ 2 Community and Housing Support (Housing Rehabilitation) ............................... 3 Community and Housing Support (Emergency Repairs) .................................... 4 Debt Payment Services ............................................................................................ 5 Community and Housing Support (Dangerous Buildings) .................................. 6 Code Compliance .................................................................................................... 7 Community and Housing Support (Revitalization) ............................................... 8 MHMR of the Concho Valley ................................................................................... 9 Galilee Community Development Corporation ................................................ 10

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Community and Housing Support ~ Bob Salas, Manager $170,162 CHS Administration

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) requests $170,162 in CDBG funds to continue funding the Community and Housing Support CDBG Program. Administration funds include funding for Staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation of CDBG and HOME programs.

CHS has offered a housing rehab program since 1976. The CHS office is open Monday through Friday from 8:00 a.m. to 5:00 p.m. except for official holidays. STAFF REVIEW/ANALYSIS: The request for CDBG funds is a continuation of prior years’ grants to provide administrative support for all programs that serve low/moderate income homeowner families. PRIOR FUNDING HISTORY: 2010 CDBG $203,433 2009 CDBG $191,158 2008 CDBG $194,001 2007 CDBG $156,649 2006 CDBG $105,262 NATIONAL OBJECTIVE: NA CONS. PLAN OBJECTIVE: Non-Housing Community and Housing Support ELIGIBLE ACTIVITY: 21A General Program Administration §570.206

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Community and Housing Support ~ Bob Salas, Manager $433,395 Housing Rehabilitation Program

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) requests $433,395 in CDBG funds to continue funding the Housing Rehabilitation (Rehab) Program. Of this amount, $160,854 is requested for rehab administration, $152,686.00 is requested for rehab loans and grants, and $50,000.00 is requested to support the annual Neighborhood Blitz. In addition, $69,855 will be reallocated from prior year funds to give the Rehab program a total of $222,541. Assistance will be provided to 15 eligible low/moderate income homeowners within the city limits of San Angelo in the form of rehabilitation (remodeling) not to exceed $24,999. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications is also included. Homes will also receive work to reduce lead-based paint hazards, if necessary, based on the requirements of HUD Regulations. Also, approximately 20 homeowners will be assisted in the Neighborhood Blitz program and will receive minor exterior repairs and exterior paint. CHS has offered a housing rehab program since 1976. The CHS office is open Monday through Friday from 8:00 a.m. to 5:00 p.m. except for official holidays. In-home applications are made if the applicant’s mobility is limited. STAFF REVIEW/ANALYSIS: All households are assisted through a combination 2% interest loan and a no interest deferred loan. No household pays less than 25% of the project cost and no more than 75%. The amount of households that can be served from this program varies depending on the repairs required. The project expenditure limit is $24,999. No funding is currently available from last year’s allocation and only $101,000 remains from the 2010 allocation. The request for CDBG funds is a continuation of prior years’ grants to provide affordable housing and revitalization for low/moderate income homeowner families. The first and foremost objective of the CHS Housing Rehab Program will be to achieve Affordable Housing through completing rehab and repairs for low/moderate income owner-occupied homes in San Angelo. The second objective will be to contribute toward special needs populations by incorporating handicap modifications into both the complete rehab and enhanced repairs components. PRIOR FUNDING HISTORY: Admin. / Program

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2010 CDBG $134,000 $ 378,314(includes $97,582 reallocation) 2009 CDBG $168,745 $ 244,731 2008 CDBG $120,275 $ 200,000 2007 CDBG $123,223 $ 213,279 2006 CDBG $105,888 $ 253,000 NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: Rehabilitation §570.202

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Community and Housing Support ~ Bob Salas, Manager $88,108 Emergency Repair Program

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) is requesting $88,108 in CDBG funds to operate a component of the Housing Rehabilitation Program called Emergency Repairs. This program provides a 100% grant for low/moderate income homeowners for up to $5,000 per three-year period. An emergency is a situation or condition that occurred without warning [within two (2) weeks], is detrimental to life, health, or safety and requires immediate action. Action must be taken within 24-72 hours to remediate the emergency situation. Modifications to provide barrier-free living space, when feasible, for homes occupied by either disabled or elderly individuals requiring such modifications will also be included. The goal for this funding is to complete repairs for approximately 17 households. STAFF REVIEW/ANALYSIS: During this program year, Community and Housing Support has completed emergency repairs for 44 households with expenditures of approximately $118,000. All funds from prior years have been spent and approximately $2,000 remains from the 2010 allocation. The number of emergency repairs continues to be one of the departments’ most popular programs and continues to increase each month as the program is in operation and as the word gets out to the community that we are now addressing emergency issues in a timely manner. Additionally, we will see an influx of cases for heating problems during the colder months of the year, which generally are costly because gas lines have to be replaced to pass code. This request for CDBG funds promises to maximize the future provision of affordable housing repairs for low/moderate income homeowner families by removing financial barriers created by the loan component of the CHS Housing Rehab Program. The City of San Angelo has identified affordable housing for low/moderate income persons as a priority in the 2010-2014 Consolidated Plan. PRIOR FUNDING HISTORY: 2010 CDBG $120,000 2009 CDBG $117,000 2008 CDBG $ 93,533 2007 CDBG $ 70,000 2006 CDBG $ 57,000 2005 CDBG $ 50,000 NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: Rehabilitation §570.202

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Community and Housing Support ~ Bob Salas, Manager $175,000 Debt Payment Services

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support requests $175,000 in CDBG funds to repay the Section 108 Loan which is funding the Rio Vista Park Renovation and the Producer’s Park Development. This loan totaling $2,035,000 plus interest will be paid back over period not to exceed 20 years. STAFF REVIEW/ANALYSIS: The loan was approved in 2008 and repayment began in June 2011. PRIOR FUNDING HISTORY: NA NATIONAL OBJECTIVE: Benefit at least 51% low/moderate income persons CONS. PLAN OBJECTIVE: Public Facilities ELIGIBLE ACTIVITY: Parks, Recreational Facilities §570.201(c)

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Community and Housing Support ~ Bob Salas, Manager

$13,000 Dangerous Buildings Inspector DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support requests $13,000 in CDBG funds to continue the funding of a Fire Prevention Building Inspector to pay for the portion of the salary in relation to the time spent in low to moderate income areas. This activity will serve the neighboring residents of such structures and the entire community by improving the appearance of the community and eliminating fire hazards, vandalism, sites of possible drug use, and transient shelters. The demolition of structures is ordered through the Dangerous Buildings Program, and Operations performs the demolition work. STAFF REVIEW/ANALYSIS: Dilapidated buildings impact both the residents and the entire community by decreasing the aesthetic and economic value of the neighborhood. According to Community and Housing Support data developed in conjunction with the 2010-2014 Consolidated Plan, approximately 1,059 or 13.5% of the structures in low/moderate income areas are substandard and not suitable for rehabilitation. The Dangerous Buildings Inspector meets the non-housing Community and Housing Support objective of the City’s 2010-2014 Consolidated Plan adopted by the City Council. The program meets the goals of providing viable urban communities and suitable living environments for lower income residents. PRIOR FUNDING HISTORY: Demolition / Available

2009 CDBG $56,158 $43,984 ($34K salary/$9K demo)

2008 CDBG $59,467 $7,402 (demo) 2007 CDBG $10,000 $ 0 2006 CDBG $30,000 $ 0 2005 CDBG $15,000 $ 0

NATIONAL OBJECTIVE: Aid in prevention or elimination of slums or blight CONS. PLAN OBJECTIVE: Non-Housing Community and Housing Support ELIGIBLE ACTIVITY: Clearance Activities §570.201(d)

8

Code Compliance ~ James Flores, Manager $41,000 Code Compliance Officers

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: The Code Compliance Division requests $41,000 in CDBG funds for the salary and benefits for one City of San Angelo Code Compliance Officer. This officer will be assigned to enforce codes, such as junk, junk vehicles, tall grass and weeds, junk appliances, refuse, unsightly material and temporary signs, and related state laws in low/moderate income areas defined by the 2000 Census. On average, the Code Enforcement Section performs about 7,000 compliance activities annually, which include inspection, reinspection, and violation documentation. A substantial number of violations occur in low/moderate income areas. The service provided by the officers will aid in the elimination of conditions which are detrimental to health, safety and public welfare in targeted areas of the City. STAFF REVIEW/ANALYSIS Code Compliance activities by the officer to be funded with this grant will be limited to violations only in low/moderate census tract block group areas, and reimbursement will be made for the officer’s full salary and benefits. In the year ending September 30, 2010, 6,012 unduplicated violations were handled by five code officers in the designated low/moderate census tract block group areas. The project for which funding is requested would constitute a direct effort to meet the non-housing Community and Housing Support objective of the City’s 2010-2014 Consolidated Plan adopted by the City Council. This project will assist the City’s continuing efforts in the prevention of slum/blight in otherwise generally deteriorated areas in the City’s low/moderate income areas. Code Compliance activities occur throughout the City but are especially important to prevent neighborhood decay in the targeted population of low/moderate income areas. PRIOR FUNDING HISTORY: 2010 CDBG $ 41,000 2009 CDBG $ 39,000 2008 CDBG $ 18,000 2007 CDBG $ 19,000 2006 CDBG $ 37,000 2005 CDBG $ 37,000 NATIONAL OBJECTIVE: Aid in prevention or elimination of slums or blight CONS. PLAN OBJECTIVE: Non-Housing Community and Housing Support ELIGIBLE ACTIVITY: Code Enforcement Activities §570.202(c)

9

Community and Housing Support ~ Bob Salas, Manager

$337,445 Affordable Housing/Neighborhood Revitalization Program

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: Community and Housing Support (CHS) is requesting $337,445 in HOME funds for the Neighborhood Enhancement/Revitalization Program (Revitalization) to continue to revitalize the current City Council identified Rio Vista, Blackshear, Reagan and Fort Concho target areas through new construction, rehabilitation/reconstruction of existing owner occupied homes, and down payment and closing cost assistance for the Homebuyers Assistance Program (HAP). Of the amount requested, $62,319 will be used for administration, $182,126 will provide funding to serve up to 2 families through new construction, reconstruction or rehabilitation, and $93,000 will provide approximately 12 families down payment and closing cost assistance up to $12,000 to purchase a home within one of the four target areas. The actual numbers to be served will vary based on the extent of the work to be performed or assistance needed.

STAFF REVIEW/ANALYSIS: The request for HOME funds is necessary to continue providing the Revitalization Program to low/moderate income families in the City Council designated target areas. Two HOME projects were completed during the 2009-2010 program year. This year, two home reconstruction projects will be completed, one each in the Rio Vista and Reagan target areas. Since the Revitalization Program began, a total of 25 homes have been completed (complete rehabs & new construction). Of the 25 homes, 2 have been in the Blackshear Target Area, 2 in the Fort Concho Target Area, 3 in the Reagan Target Area, and 18 in the Rio Vista Target Area.

The homebuyer’s component will continue to be used in the Revitalization Program. Last year, 14 families were assisted and all funds were expended, and in PY 2010, 12 families have been assisted through May 2011 with enough funds remaining for 1 to 2 more families. The City of San Angelo has identified affordable housing as a priority in the 2010-2014 Consolidated Plan.

PRIOR FUNDING HISTORY: HAP Revit.

2010 HOME $90,000 $155,000 2009 HOME $75,000 $214,280 2008 HOME $50,000 $250,041 2007 HOME $60,000 $184,753 2006 HOME $36,000 $171,416 2005 HOME $36,000 $ 98,188

10

HOME OBJECTIVE: Affordable Housing CONS. PLAN OBJECTIVE: Affordable Housing ELIGIBLE ACTIVITY: Affordable Housing/Site Improvements Rehabilitation/New Construction §92.205(a)

11

MHMR Services for the Concho Valley ~ Mary Blackburn, Supported Housing Coordinator $70,000 Tenant Based Rental Assistance Program

DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: MHMR Services of the Concho Valley is requesting $70,000 in HOME funds to provide tenant-based rental assistance (TBRA) to 33 clients with a chronic mental illness residing within the San Angelo city limits. The HOME funds requested will provide rental assistance, one time security deposit assistance, and one-time utility deposit assistance. TBRA may be used on any rental property within the City of San Angelo that meets HUD’s minimum Housing Quality Standards. Initial and annual inspections of the units are required in order to assure that the funds are being used for decent, safe and sanitary properties. In PY 2009, 29 chronic mentally ill patients were assisted with rental and deposit assistance with expenditures totaling approximately $57,000.00. Currently, there are 23 clients receiving TBRA services and 14 clients are on the waiting list, with expenditures totaling $31,550. Most of the TBRA program participants were at or below the Federal Poverty Level; however, all clients served under the program qualify under the HUD established income limits. MHMR will match this funding by providing eligible supportive services such as personal rehabilitation, medication, life skills training, service coordination, access to peer support groups, and family education services. STAFF REVIEW/ANALYSIS: MHMR’s tenant-based rental assistance program has received HOME funds since Program Year 2000. All MHMR TBRA clients are required to apply for the Section 8 program through the San Angelo Public Housing Authority. Once the client begins receiving housing assistance with PHA, they are removed from MHMR’s TBRA program. MHMR is the only agency in San Angelo that offers a tenant-based rental assistance program specifically for low income chronic mentally ill individuals until access to the Section 8 program is achieved. Affordable housing for special needs persons, such as these MHMR clients, is specifically addressed as an objective in the City’s 2010-2014 Consolidated Plan. PRIOR FUNDING HISTORY: 2010 $58,699 2009 $64,000

2008 $61,000 2007 $64,000 2006 $62,890 2005 $62,890

HOME OBJECTIVE: Affordable Housing CONS. PLAN OBJECTIVE: Special Needs/Homeless Populations ELIGIBLE ACTIVITY: Tenant-Based Rental Assistance §92.205(a)

12

Galilee Community and Housing Support Corporation ~ Terry Shaner, Director

$80,000 New Home Construction Program DESCRIPTION OF PROJECT FOR WHICH FUNDS REQUESTED: The Galilee Community and Housing Support Corporation (GCDC) is requesting funding in the amount of $80,000 for the construction of 5 new homes for low/moderate income residents in Community Housing Development Organization (CHDO) funds. HUD regulations require 15% of the annual HOME grant to the participating jurisdiction to be allocated to a CHDO, if the jurisdiction has a certified CHDO, or the funds must be returned to HUD. GCDC is currently the only certified CHDO in San Angelo, and the projected 15% minimum for Program Year 2010 is approximately $60,306. STAFF REVIEW/ANALYSIS: GCDC’s housing projects constitute a direct effort to meet the affordable housing objective as outlined into the 2010-2014 Consolidated Plan adopted by City Council. GCDC will also continue to use proceeds received from the construction of ½ cent sales tax homes totaling approximately $121,056 as of (April 2011) in conjunction with spending allocated CHDO funds. PRIOR FUNDING HISTORY: 2010 Housing Grant $120,000

2009 Housing Grant $ 68,509 2008 Housing Grant $210,784

2007 Housing Grant $ 63,481 2007 Operating Funds $ 21,160

2006 Housing Grant $306,315 2006 Operating Funds $ 33,821

NATIONAL OBJECTIVE: Benefit Low/Moderate Income Persons CONS. PLAN OBJECTIVE: Affordability Housing ELIGIBLE ACTIVITY: Site Improvements & New Construction §92.2.05(a)

City of San Angelo2011 CDBG Projects Funding Worksheet

CDBG Federal Entitlement 808,960 Prior Year Program Income 41,849Program Income: Housing Rehab Loan 41,850Program Year Funds Available 850,810CD Administration CapPublic Service CapPrior Year Funds Available 69,855Total Available to Allocate 920,665

Amount of Proposed AmountRequests Allocation Remaining

All projects 920,665 920,665 0

Prior Year ProposedAllocation Allocation

Administration/Planning CD Admin (≤20%) 203,433 170,162Rehab/Preservation Hsg Rehab Admin 134,000 160,854 Hsg Rehab Program 378,314 222,541 * Emergency Repairs 120,000 88,108 Neighborhood Blitz 165,000 50,000Debt Payment Services 175,000 175,000

Clearance CD - Demolition 10,000 0 Fire Prevention - Dangerous Buildin 23,000 13,000 Code Compliance - Code Enforcem 41,000 41,000

Total City Requests 909,747 920,665

0

Total Allocations 920,665*includes $69,855 reallocated funds

City of San Angelo2011 HOME Projects Funding Worksheet

HOME Federal Entitlement 402,038Program Income: Revitalization Loans 22,000 Admin Cap 42,403Program Year Funds Subject to Caps 424,038Elderly Duplex Rent Revenue 34,000

2010 Program Year Funds Available 458,038Prior Year Funds Available 21,492Total Available to Allocate 479,530

Minimum CHDO Allocation 60,306

Amount of Amount Proposed AmountRequests Available Allocation Remaining

All projects 480,038 479,530 479,530 0(which includes rent revenue)

Prior Year Requested Proposed Prior YearAllocation Amount Allocation Reallocation

City Requests CD - HOME Admin (≤10%EN+%10 81,958 62,319 62,319 Elderly Duplex Maintenance 10,000 9,085 9,085 CD - Neigh Revitalization(Const) 155,000 160,634 182,126 * CD - Neigh Revitalization(Down Pmt 90,000 93,000 93,000Total City Requests 336,958 325,038 346,530

Community Requests MHMR - TBRA 58,699 75,000 58,000 Galilee CDC (CHDO Set-Aside) 120,000 80,000 75,000Total Community Requests 178,699 155,000 133,000

Total Requests 480,038 479,530

The U.S. Dept. of HUD does not consider rental revenue as program income. Therefore, the CHDO Set-Aside is based on a minimum of 15% of entitlement. HOME Admin has a Cap of 10% (42,403), but we may allocate a reasonable amount to HOME Admin from rental revenue. Therefore, we have recommended $24,916 from rental revenue also be allocated to HOME Admin and the balance of $9,084 be allocated to Duplex Maintenance.

*includes $69,855 reallocated funds

City of San Angelo




Subject: Z 11-05, a request from Sandra and George Rodriguez of SNG

Satellite, for change of zoning classification from Single-Family Residence (RS-1) to Neighborhood Commercial (CN) District

Location: three vacant lots facing south side of 2800 block of Houston Street

and situated 100-250 feet west from North Garfield Street in west central San Angelo

Legal: Lots 3 thru 5 in Block 81 of the Hatcher Addition to San Angelo

Contacts: Sandra or George Rodriguez, SNG Satellite at 711 N. Garfield Street

944-8628 or 277-0980

AJ Fawver, Planning Manager 657-4210

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

Z 11-05: Sandra and George Rodriguez


Summary: The proponents are seeking to change the zoning of three vacant lots located behind their business (SNG Satellite) at 711 North Garfield Street, to the same Neighborhood Commercial zoning classification as the business itself. This business is located less than 100 feet north from the westbound frontage road for Houston Harte Expressway. The intersecting segment of North Garfield Street is classified as a collector-type street. In considering this request, the City Council may:

(1) approve the proposed zone change to a CN District; or

(2) deny the proposed zone change to a CN District; or

(3) remand this case to the Planning Commission, for consideration of some alternative new zoning classification believed to be more appropriate.

Surrounding Zoning and Land Use:

North Neighborhood Commercial (CN) vacant lots

East Neighborhood Commercial (CN) retail business

South Single-Family Residence (RS-1) westbound frontage road for Houston Harte Expressway

West Single-Family Residence (RS-1) vacant lots

Background and Analysis:

The subject three lots are bordered on the north and east by lots in an existing Neighborhood Commercial (CN) zoning district. Lots located directly to the east are occupied by a retail use, presently SNG Satellite. Lots located to the north (across the width of Houston Street) remain vacant but are in the same CN zoning classification as that requested by the proponents.

All these lots, existing or proposed to be in CN zoning, are located within 500 feet from the intersection of Houston Harte Expressway and North Garfield Street. Houston Harte Expressway is obviously one of the principal thoroughfares extending through San Angelo. North Garfield Street is one of a few streets that actually project over or under Houston Harte Expressway. As a result, this segment of North Garfield Street is classified as a collector-type street. The three major classifications of streets shown on San Angelo’s Thoroughfare Plan include freeways (such as Houston Harte Expressway) as well as arterial and collector streets.

The San Angelo Comprehensive Plan, in both its 2003 version and 2009 update, generally encourages clustering retail trade at or near intersections of such major streets. As suggested above, the subject three lots lie within a certain “sphere” of potential retail activity extending 500 feet from intersection of North Garfield Street and Houston Harte Expressway.

As its name implies, the Neighborhood Commercial zoning classification is intended for a limited range of retail activity located close to nearby residential neighborhoods. In the

vicinity of the subject three lots, residences are located nearby to the north (on Waco Street) and to the east (across the width of North Garfield Street).

Recommendation:

The Planning Commission and City staff both recommend approving this proposed zone change to a CN District, on all three lots comprising the subject property. The 2009 Comprehensive Plan includes a Vision Plan map of future land use in and around San Angelo. This Vision Plan map designates the subject property to be within a “Neighborhood Center” at or near the intersection of Houston Harte Expressway and North Garfield Street. The Neighborhood Commercial zoning classification, with its emphasis on retail trade and services, seems an appropriate choice for these three lots located so close to the intersection of major streets. The limitations of Neighborhood Commercial zoning (e.g., few allowed automotive-related uses, no bars or taverns) also seems an appropriate choice for a commercial district wedged so tightly nearby a residential environment. Related Vision Items: Compatibility of adjoining commercial and neighborhood districts.

Establish appropriate regulations to protect neighborhoods. Notification: Twelve (12) owners of nearby property were formally notified of

this application for zone change.

Attachments: excerpt from zoning map, highlighting subject property of proposed zone change;

aerial photo of same vicinity (as above-mentioned map) highlighting subject property of proposed zone change

draft ordinance amending the official zoning map, as

recommended by Planning Commission

Presentation: A J Fawver, Planning Manager

Reviewed by:


RE: Z 11-05: Sandra and George Rodriguez

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

BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: Lots 3, 4 and 5 in Block 81 of the Hatcher Addition and adjoining the south side of Houston Street, 100-250 feet west from North Garfield Street in west central San Angelo, shall henceforth be permanently zoned as follows: Neighborhood Commercial (CN) District. The Director of Planning is hereby directed to correct zoning district maps in the office of the Director of Planning, to reflect the herein described changes in zoning. SECTION 2: That in all other respects, the use of the hereinabove described property shall be subject to all applicable regulations contained in Chapter 12 of the Code of Ordinances for the City of San Angelo, as amended. 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 June, 2011 and finally PASSED, APPROVED AND ADOPTED on this the 28th day of June, 2011. THE CITY OF SAN ANGELO

by:______________________________________

Alvin New, Mayor

ATTEST: by:_________________________________


City of San Angelo




Subject: Z 11-06, a proposal from the Planning Commission, to change the zoning classification of portions of City Park and of Bart DeWitt Park, from their current Single-Family Residence (RS-1) to a Central Business (CB) District

Location: eastern approximately three-quarters* of City Park on west bank of

North Concho River, between East Twohig Avenue (on the north) and Rio Concho Drive (on the south)

-and-

easternmost triangular segment† of Bart DeWitt Park, also on west bank of North Concho River, but located south of Rio Concho Drive and east from southward projection of west line of S. Magdalen Street

Contact: AJ Fawver, Planning Manager 657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12,

Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, City of San Angelo Z 11-06: San Angelo Planning Commission

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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification from Single-Family Residence (RS-1) to Central Business

* not already in Central Business (CB) District

† not already in Central Business (CB) District

(CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The Planning Commission recently authorized initiating applications to enlarge the Central Business (CB) zoning district at three different locations on the periphery of downtown San Angelo. The first of these three proposed CB District enlargements would extend CB zoning eastward across two municipal parks, all the way to the west bank of the North Concho River, a more appropriate zoning boundary. In considering this application, the City Council may:

(1) approve the proposed zone change to a CB District; or

(2) deny the proposed zone change to a CB District; or

(3) reduce the scope of proposed CB District enlargement; or

(4) remand this case to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate.

Surrounding Zoning and Land Use:

North General Commercial/Heavy Commercial offices, residences

East General Commercial/Heavy Commercial motel and municipal park (across width of North Concho River)

South Single-Family (RS-1) and Low-Rise Multi-Family (RM-1) Residence Districts single-family residences (across

width of North Concho River)

West Central Business (CB) District municipal parks, offices

Background and Analysis:

In the southeast corner of San Angelo’s downtown core,‡ the boundary of the Central Business (CB) zoning classification now extends arbitrarily north-to-south across two municipal parks, the original City Park and Bart DeWitt Park. Both these parks border the west bank of the North Concho River, which would make a more logical boundary for the Central Business (CB) zoning classification. With this proposed zone change, the CB District boundary would be extended no more than 400 feet eastward, from the middle of City Park and Bart DeWitt Park, to their respective east boundaries on the west bank of the North Concho River.

Recommendation:

The Planning Commission and City staff both recommend approving this particular proposed enlargement of Central Business (CB) zoning. As mentioned above, the existing zoning boundary now arbitrarily divides two municipal parks located north and south of Rio Concho Drive, on the west bank of the North Concho River. The proposed new boundary of

‡ specifically, south from East Twohig Avenue and east from South Magdalen Street

CB zoning would be at a more logical location directly on the west bank of the North Concho River, a significant natural feature.

Notification: Fourteen (14) owners of nearby property were formally notified

of this application for zone change. Related Vision Item: Revitalize older commercial areas.

Attachments: excerpt from zoning map, highlighting subject property of proposed zone change;


draft ordinance amending the official zoning map, as recommended by Planning Commission


Reviewed by:

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: eastern approximately three-quarters of City Park on west bank of North Concho River between East Twohig Avenue on the north and Rio Concho Drive on the south, as well as easternmost triangular segment of Bart DeWitt Park, also on west bank of North Concho River but located south of Rio Concho Drive, changing these properties’ zoning classification from Single-Family Residence (RS-1) to Central Business (CB) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-06: San Angelo Planning Commission


BE IT ORDAINED BY THE CITY OF SAN ANGELO:

SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: an area comprised primarily of municipal parkland bordering the west bank of the North Concho River in central San Angelo and described more particularly in attached Exhibit “A” shall henceforth be permanently zoned as follows: Central Business (CB) 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.


by:______________________________________

Alvin New, Mayor

ATTEST: by:_________________________________


EXHIBIT “A” legal description of area bounded by zone change case number Z 11-06, as proposed by the Planning Commission for City of San Angelo, Texas: BEGINNING at a point being the most northerly northeast corner of Lot 2 in Block 1 of the City Park Subdivision, as said subdivision is shown on a plat recorded on Slide 120 in Cabinet E of the Tom Green County Clerk’s Plat Records; THENCE in a generally southwestern direction along the east boundary of said Lot 2, which coincides with the west bank of the North Concho River, extending across the width of Rio Concho Drive as shown on the recorded plat of the City Park Subdivision; and continuing along the west bank of the North Concho River, to a point at the intersection of said west bank and a direct southward projection from the west line of right-of-way for South Magdalen Street; THENCE in a generally northwestern direction along a direct southward projection from the east line of right-of-way for South Magdalen Street, the same being an east boundary of the existing Central Business (CB) zoning district in San Angelo, to a point at the intersection of such southward projection and the south line of right-of-way for East Concho Avenue; THENCE in a generally eastward direction along the south line of right-of-way for East Concho Avenue and, thence, the south line of right-of-way for Rio Concho Drive, to a point coinciding with the original southwest corner of Block 1 in Frary’s Addition to San Angelo, as said Block 1 is shown on the subdivision plat (of Frary’s Addition) that is recorded on Page 548 in Volume H of Deed Records for Tom Green County, Texas; THENCE in a northward direction along the west boundary of the original Block 1 in Frary’s Addition to San Angelo, the same said boundary coinciding with an east boundary of the existing Central Business (CB) zoning district in San Angelo, to intersection of said boundary with the current south line of right-of-way for East Twohig Avenue, as said south line is shown on the recorded plat of City Park Subdivision; THENCE in a generally eastward direction along the current south line of right-of-way for East Twohig Avenue, to the POINT OF BEGINNING.

City of San Angelo




Subject: Z 11-07, a proposal from the Planning Commission, to expand Central Business (CB) zoning onto several city blocks located south of the North Concho River, now encompassed within General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) zoning districts

Location: an area extending south from the North Concho River and bounded

generally by:

the North Concho River, on the north;

South Oakes Street, on the east;

South Orient Railway tracks, on the south; and

on the west, a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street.

Contact: AJ Fawver, Planning Manager 657-4210 Caption: Public Hearing and consideration of an Ordinance amending Chapter 12,

Exhibit “A” (Zoning Ordinance) of the Code of Ordinances, 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: area bounded generally by North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial /Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

Summary: The Planning Commission recently authorized initiating applications to enlarge the Central Business (CB) zoning district at three different locations on the periphery of downtown San Angelo. One of these three proposed CB District enlargements would extend CB zoning southward across the North Concho River, to encompass all of the following:

• five city blocks situated east of South Chadbourne and west of South Oakes Streets, north from the South Orient Railway tracks, and

• two rows of lots facing the west side of South Chadbourne Street, between West Avenues A and C.

In considering this application, the City Council may:

(1) approve the proposed zone change to a CB District; or

(2) deny the proposed zone change to a CB District; or

(3) reduce the scope of proposed CB District enlargement;

(4) remand this case to the Planning Commission, for consideration of some alternative zoning classification believed to be more appropriate.

Existing Zoning and Land Use (in and around subject property):

The subject properties are presently in a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) zoning districts. The subject properties are presently occupied by a mix of institutional (inc. municipal park and recreation facilities, a fine arts museum) as well as retail, heavy and wholesale commercial uses. Few manufacturing activities (except for limited craft manufacturing) are believed to exist in the area of proposed rezoning, even though most of it now lies within a Light Manufacturing zoning district. The zoning and use of surrounding properties may be described pretty much the same, except for the fact that (to the north) the existing Central Business zoning district lies across the width of the North Concho River.

Historic Background:

San Angelo’s official zoning map is fundamentally the same zoning map adopted in 1954, with more than a thousand amendments made to it. One aspect of this zoning map that has remained almost constant, though, is the size and extent of the CB or Central Business zoning district.

The CB or Central Business zoning district was originally created to encompass just 19 city blocks bounded by:

College Avenue to the north;

North Concho River to the south,

Magdalen Street on the east, and

Randolph Street on the west.

The size and shape of that CB zoning district remained substantially the same from 1954 through 2009, with just one minor enlargement occurring in 1997.* San Angelo’s CB zoning district was expanded again, in 2010, to encompass three city blocks long having been the site of City Hall as well as some related municipal buildings and parking lots. Analysis: Every zoning classification has some fundamental purpose or “reason for being,” and the CB zoning classification is no different. But the CB District’s “reason for being” is fundamentally unique from all the others. All other zoning classifications are progressive in nature. That is, they are intended to help correct some past problems of urban development by imposing new standards that, gradually over many years, will hopefully become the new norm. The CB zoning classification, meanwhile, attempts to embrace certain legacies of the past and build on the best features of that legacy, while minimizing any possible ill effects. Balancing these sometimes contradicting features and effects can be very delicate. The positive features encouraged by CB zoning include all of the following:

• higher densities of building mass that lend a memorable sense-of-place or imageability;

• visual and functional diversity; and

• a sense of enclosure that frames public spaces. Technically, it is hoped these positive features can be accomplished through three regulatory aspects of CB zoning:

1. requiring no minimum building setbacks;

2. requiring no minimum off-street parking and

3. allowing a broad mix of residential and commercial use, including both retail and wholesale trade allowed by right, as well as small-scale craft manufacture.

While CB zoning does allow a wide variety of use, it certainly does not allow an unlimited variety of use. Neither vehicle repair nor industrial services (which include building-related contractors) are routinely allowed by right. Both these categories of use are allowed in CB Districts only with the Planning Commission’s approval of a Conditional Use. By the same token, the absence of building setbacks may allow a lot of building density uncommon in other commercial districts, but allowable building density is not unlimited in CB zoning. A maximum ratio of floor area to lot area equal to 3.0 is allowed in the CB District. A building that covers an entire lot can have no more than 3 stories, or one covering half-a-lot can have no more than 6 stories.

* The CB District was expanded in 1997 to include the old Central Fire Station (which was previously zoned residential) at South Magdalen Street and East Twohig Avenue, in order for the City to sell that building for occupancy by a social service agency.

Recommendation

The Planning Commission and City staff both recommend approving this particular proposed enlargement of Central Business (CB) zoning to include the entire area highlighted on the accompanying map and situated south of the North Concho River:

• five city blocks situated east of South Chadbourne and west of South Oakes Streets, north from the South Orient Railway tracks, and

• two rows of lots facing the west side of South Chadbourne Street, between West Avenues A and C.

This area has many shared characteristics (such as dense building mass and an absence of available off-street parking) common to the area located north of the North Concho River and long having been in the Central Business District. City staff also believes that confining CB zoning to this particular area will minimize some potential ill effects of CB zoning on nearby properties. This includes the possibility of spillover on-street parking generated by commercial users not having to furnish automobile parking spaces off the street. Even with CB zoning expanded onto the entire area highlighted on an attached map, a margin of other nonresidential zoning (within which off-street parking will continue to be required of new and substantially altered uses) still separates the expanded Central Business District from nearby residential districts. Notification: Twenty (20) owners of property within and nearby the subject

property of proposed rezoning were formally notified of the public hearing on this matter.

Attachments: excerpt from zoning map, highlighting subject property of

proposed zone change;


draft ordinance amending the official zoning map, as recommended by Planning Commission


Reviewed by:

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: area bounded generally by North Concho River on the north, South Oakes Street on the east, South Orient Railway on the south and, on the west, by a line located 140 feet west from and parallel to the west line of right-of-way for South Chadbourne Street, changing this area’s zoning classification from a combination of General Commercial (CG), General Commercial/Heavy Commercial (CG/CH) and Light Manufacturing (ML) Districts, to a Central Business (CB) District, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY

RE: Z 11-07: San Angelo Planning Commission


BE IT ORDAINED BY THE CITY OF SAN ANGELO: SECTION 1: That the basic zoning ordinance for the City of San Angelo, as enacted by the governing body for the City of San Angelo on January 4, 2000 and included within Chapter 12 of the Code of Ordinances for the City of San Angelo, be and the same is hereby amended insofar as the property hereinafter set forth, and said ordinance generally and the zoning map shall be amended insofar as the property hereinafter described: an area encompassing all or part of seven city blocks extending south from the North Concho River between South Oakes Street (on the east) and one half block west of South Chadbourne Street, being more particularly described on attached Exhibit “A”, shall henceforth be permanently zoned as follows: Central Business (CB) 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.


by:____________________________________

Alvin New, Mayor ATTEST: by:_________________________________


EXHIBIT “A” legal description of area bounded by zone change case number Z 11-07, as proposed by the Planning Commission for City of San Angelo, Texas: BEGINNING at a point at the intersection of the west line of right-of-way for South Oakes Street and the south bank of the North Concho River; THENCE in a southward direction along the west line of right-of-way for South Oakes Street, past intersecting rights-of-way for Love Street and East Avenue A, to a point at the intersection of said west line of right-of-way for South Oakes Street and the north line of right-of-way for the South Orient Railway; THENCE in a southwestern direction along the north line of right-of-way for the South Orient Railway, to a point at the intersection of said right-of-way line and the east line of right-of-way for South Chadbourne Street; THENCE in a northward direction along the east line of right-of-way for South Chadbourne Street, to a point at the southwest corner of Block 77 in the Fort Concho Addition to San Angelo; THENCE in a westward direction across the width of North Chadbourne Street, to a point at the southeast corner of Block 76 in the Fort Concho Addition to San Angelo, said corner point also being on the north line of right-of-way for West Avenue C; THENCE continuing in a westward direction along the north line of right-of-way for West Avenue C and the south boundary of Block 76 in said Fort Concho Addition, for a distance of 140 feet to a point; THENCE in a northward direction along a line located 140 west from and parallel to the west line of right-of-way for South Chadbourne Street, across right-of-way for West Avenue B and continuing in the same northward alignment to a point at the northeast corner of Lot 12 in Block 69 of the Fort Concho Addition to San Angelo, said corner point also being on the south line of right-of-way for West Avenue A; THENCE in an eastward direction along said south line of right-of-way for West Avenue A, at 140 feet pass the northeast corner of Lot 13 in Block 69 of the Fort Concho Addition to San Angelo and continuing in the same eastward direction across the width of right-of-way for South Chadbourne Street, to a point at the northwest corner of Block 68 in the Fort Concho Addition, said corner point also being at the southeast corner of intersecting rights-of-way for South Chadbourne Street and East Avenue A; THENCE in a northward direction along the east line of right-of-way for South Chadbourne Street, across the width of right-of-way for East Avenue A, and continuing in the same northward direction along the west boundary of Block 50 in the Fort Concho Addition to San Angelo, all the way to the south bank of the North Concho River; THENCE in a generally northeastern direction along the south bank of the North Concho River, to the POINT OF BEGINNING.

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City of San Angelo

Memorandum Date: May 9, 2011




Caption: Regular Agenda Item

First public hearing and introduction of an Ordinance amending Article 5.100, Alcoholic Beverages Regulations and deleting Section 8.119, Unlawful to Carry Alcoholic Beverages of the City of San Angelo Code of Ordinances as related to the Texas Bank Sports Complex and the 29th Street Recreation Area ________________________________________________________________________ Summary: The City Council approved on January 19, 2010, a policy that allows for the sale of alcohol by the City’s Concessionaire during adult tournaments and permitted special events. In addition, this policy prohibits the consumption of alcohol during any youth league and youth tournament play at the Texas Bank Sports Complex. This policy mirrors that adopted by the Recreation Advisory Board in June of 2009. City staff sought City Council’s direction on a revision to the Code of Ordinance as it applies to the sale and consumption at the Texas Bank Sports Complex and Rio Concho Community Park at the meeting on February 15, 2011. The proposed revision is based on this discussion. The proposed ordinance would clarify that alcohol would not be permitted for sale or consumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except during permitted special events or tournaments. Such permits would not be authorized during any organized youth activities at the Texas Bank Sports Complex. In addition, consumption of alcohol during any youth league or youth tournament play would be prohibited at the Texas Bank Sports Complex. Attached is a copy of the current ordinance, Article 5.100, Alcoholic Beverages Regulations. The proposed revisions would include a deletion of Sec. 8.119, Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area or the Rio Concho Sports Complex, dated 1959. For all intents and purposes, this ordinance is obsolete since neither of these sports complexes exist, having been replaced by the new Texas Bank Sports Complex and Rio Concho Community Park.

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History: • June 2009, the Recreation Advisory Board approved policies related to the sale and

consumption of alcohol at the sports complex. • August 1, 2009, the sports complex opened. • August 18, 2009, City Council discussion regarding the sale and consumption of alcohol

at the sports complex. • January 19, 2010, City Council discussion regarding the sale and consumption of

alcohol at the Texas Bank Sports Complex. City Council adopts policy to allow for the sale of alcohol by the City’s Concessionaire during adult tournaments and permitted special events except during any youth league or tournament play.

• February 15, 2011, City Council discussion regarding possible revisions to the Code of Ordinances.

Financial Impact: none anticipated. Other Information/Recommendation: Staff recommends approval of the proposed revisions to the Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations. Attachments: Copy of the minutes from the February 15, 2011 City Council meeting, a copy of the current Code of Ordinance, Article 5.100, Alcoholic Beverages Regulations and a copy of the proposed revised Ordinance. Presentation: Verbal and PowerPoint presentation Publication: N/A Reviewed by Assistant City Manager: Rick Weise, City Manager’s Office, May 20, 2011

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Excerpt of the February 15, 2011 City Council minutes: CONSIDERATION OF MATTERS RELATED TO THE CITY CODE OF ORDINANCES, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, AS IT PERTAINS TO THE TEXAS BANK SPORTS COMPLEX AND RIO CONCHO COMMUNITY PARK Parks and Recreation Director Carl White presented background information. A copy of the presentation is part of the Permanent Supplemental Record. Motion, to accept changes as proposed by staff, was made by Councilmember Alexander and seconded by Councilmember Hirschfeld. Chief Vasquez expressed his concern of providing sufficient police response and coverage with associated calls should such an alcohol restriction be placed on the park. Councilmember Alexander withdrew his motion, Councilmember Hirschfeld his second. Motion, to approve, as presented by staff, with the removal of the Rio Concho Community Park, was made by Councilmember Alexander and seconded by Councilmember Hirschfeld. Public comment was made by Recreation Board Chairperson John Alexander. Mayor New noted since the item was to give direction to staff in how to proceed with the presented points, he

noted that a motion was not necessary. Therefore, the motion was withdrawn.

4

Existing Ordinances Related to Alcohol ARTICLE 5.100 ALCOHOLIC BEVERAGES REGULATIONS*

Sec. 5.101 Definition

The terms "alcoholic beverage," "liquor," "beer" and "wine and vinous liquor" as used in this article have the same meanings as the definitions provided in the Texas Alcoholic Beverage Code, Section 1.04, Tex. Codes Ann. (1959 Code of Ordinances, Sec. 5-2-1)

Sec. 5.102 License Required

It shall be unlawful for any person to manufacture or brew any alcoholic beverage, liquor, beer or wine and vinous liquor for the purpose of sale, or to import into this city, or to distribute, or to sell any alcoholic beverage, liquor, beer, or wine and vinous liquor for the purpose of sale within this city without having first obtained the appropriate license from the finance director as herein provided, which license shall at all times be displayed in some conspicuous place within the licensed place of business. (1959 Code of Ordinances, Sec. 5-2-2)

Sec. 5.103 License Fees

The finance director is authorized to collect a license fee of one half the state permit fee for each license issued for premises within the city. (1959 Code of Ordinances, Sec. 5-2-3)

Sec. 5.104 Prohibited Licenses*

No license authorizing the sale of any alcoholic beverage, liquor beer or wine and vinous liquor shall be issued to any dealer where the place of business of any such dealer is within the corporate limits of the city and is within three hundred feet (300') of any tax supported elementary or secondary public school. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. Provided, that this section shall not apply to any dealer whose place of business is within three hundred feet (300') of any tax-supported elementary or secondary public school as of the date of the adoption of this article, or to any of their successors. (Ordinance adopted 5/2/00)

Sec. 5.105 Term of License

Any license issued under the terms of this article shall be for one year and shall be nontransferable, provided, that if the city license of any dealer who is engaged in the sale of beer and of other alcoholic beverages at the time of the adoption of this article does not expire on the same day as the state and county period as to make the city license terminate on the same day as the state and county licenses, and in this event only the proportionate part of the fee levied for such license shall be collected. The fractional part of any month remaining shall be counted as one month in calculation of the fee that shall be due. (1959 Code of Ordinances, Sec. 5-2-5)

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Sec. 5.106 Hours of Sale*

No person who may engage in the sale of beer or other alcoholic beverages within the corporate limits of the city shall offer for sale or sell any beer other alcoholic beverages within the corporate limits of the city on Sunday between the hours of two o'clock (2:00) a.m. and twelve o'clock (12:00) noon and on all other days at any time between the hours of two o'clock (2:00) a.m. and seven (7:00) a.m. (1959 Code of Ordinances, Sec. 5-2-6)

Sec. 5.107 Reserved Sec. 5.108 Proof of Violation

Proof of the consumption of beer or other alcoholic beverages between the hours of two fifteen o'clock (2:15) a.m. and twelve o'clock (12:00) p.m. the following on Sundays or between the hours of two o'clock (2:00) a.m. and seven o'clock (7:00) a.m. the following on any other day of the week in the sale of beer or other alcoholic beverage in the city shall be prima facie evidence that beer or other alcoholic beverages have been sold by such person in violation of this article. (1959 Code of Ordinances, Sec. 5-2-8)

Sec. 5.109 Revocation

The city council is hereby authorized and empowered to revoke the license of any person engaged in the business or occupation on selling, distributing or disposing of beer or other alcoholic beverages after giving such person ten (10) days notice of a hearing and after holding such hearing for the purpose of determining whether or not such license should be revoked, provided however, that such power of revocation shall be exercised under the following conditions:

(1) When disorderly or immoral practices are permitted on the premises.

(2) Where such person sells or offers for sale any beer or other alcoholic beverages in violation of the terms of this article or of the Texas Alcoholic Beverage Code, or consumes or permits any other person to consume beer or other alcoholic beverages on the premises in violation of the terms of this article or of the Texas Alcoholic Beverage Code.

(1959 Code of Ordinances, Sec. 5-2-9)

Sec. 5.110 Penalty

Any person who violates any provision 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 (Ordinance adopted 5/2/00)

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Sec. 8.119 Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area and Rio Concho Sports Complex

It shall be unlawful for any person, firm, company, organization or corporation to carry alcoholic beverages inside the fenced-in portion of the 29th Street Recreation Area or the Rio Concho Sports Complex. (1959 Code of Ordinances, Sec. 6-1-25)

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF SAN ANGELO, TEXAS BY AMENDING CHAPTER 8, OFFENSES AND NUISANCES, ARTICLE 8.100, GENERAL OFFENSES, BY REPEALING SECTION 8.119, ENTITLED UNLAWFUL TO CARRY ALCOHOLIC BEVERAGES INTO THE 29TH STREET RECREATION AREA; AMENDING CHAPTER 5, BUSINESS AND COMMERCE, ARTICLE 5.100, ALCOHOLIC BEVERAGES REGULATIONS, BY ADDING SECTION 5.107 ENTITLED, ALCOHOLIC BEVERAGES IN THE TEXAS BANK SPORTS COMPLEX (RIO CONCHO SPORTS COMPLEX), RESTRICTING ALCOHOL IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR PERMITS AUTHORIZING ALCOHOL FOR SPECIFIC EVENTS ON CONDITIONS STATED IN THE TEXAS BANK SPORTS COMPLEX; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, It is the intent of the City Council to protect the public health, safety and welfare; and, WHEREAS, municipalities may, under their police powers, enact reasonable regulations not in conflict with state law that promote the health, safety and welfare of citizens; and, WHEREAS, the Texas Alcoholic Beverage Code generally governs the regulation of alcoholic beverages, but the municipality may control City facilities and premises; and, WHEREAS, the City Council approved a policy to allow the sale of alcoholic beverages by the City’s Concessionaire at the Texas Bank Sports Complex during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring in the complex: BE IT ORDAINED BY THE CITY OF SAN ANGELO: Section 1) THAT, Section 8.119, entitled “Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area Rio Concho Sports Complex”, of Article 8.100, General Offenses, of Chapter 8, Offenses & Nuisances, of the Code of Ordinances of the City of San Angelo, Texas is hereby repealed:

Section 2) That, Chapter 5, Business and Commerce, Article 5.100, Alcoholic Beverages Regulations, of the Code of Ordinances of the City of San Angelo is amended by adding Section 5.107 to read as follows:

Sec. 5.107 Alcohol in the Texas Bank Sports Complex (Rio Concho Sports Complex) (a) It shall be unlawful for any person, firm, company, organization or corporation to

sell, consume or possess, or to permit or to promote the selling, consuming or possessing, of any alcoholic beverage within or upon the fenced in areas of the quadrangles of the Texas Bank Sports Complex, San Angelo, Tom Green County, Texas.

(b) It shall be an affirmative defense to the prohibition of this Section, that a person,

firm, company, organization or corporation secured a permit, contract, lease or other form of written permission from the Parks and Recreation Department permitting utilization of the City’s concessionaire for the selling, promoting, consuming or possessing of alcoholic beverages for a specific event within one or more designated quadrangles of the Texas Bank Sports Complex and that the sale, promotion consumption or possession of alcohol occurred at the time of the specific event and within such quadrangle or quadrangles as described in the permit, contract, lease or other form of written permission from the Parks and Recreation Department. The permit, contract, lease or other form of written permission from the Parks and Recreation Department shall be limited to specific events, on specific dates, for specified hours and within one or more specific quadrangles of the Texas Bank Sports Complex; and shall be conditioned upon compliance with the Texas Alcohol Beverage Code and applicable municipal ordinances.

(c) The Parks and Recreation Department for the City of San Angelo shall adopt a policy

and regulations, and a form for application for permit, contract, lease or other form of written permission authorizing utilization of the City’s concessionaire for the sale, consumption or possession of alcoholic beverages within the quadrangles of the Texas Bank Sports Complex for specific events during adult tournaments and permitted special events only when no youth league or youth tournament play is occurring.

(d) The premises of the Texas Bank Sports Complex quadrangles include the fields,

spectator areas and concession areas within each fenced in quadrangle, located within the area bound on the East by the East Angelo Draw; on the South by the North Concho River; on the West by Bell Street; and, on the North by St. Ann Street, San Angelo, Tom Green County, State of Texas.

Section 3) THAT the penalty provisions of Article 5.100 shall remain in full force and effect.

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

The terms and provisions of this Ordinance shall be deemed to be severable in that if any portion of this Ordinance shall be declared to be invalid, the same shall not affect the validity of the other provisions of this Ordinance. Section 4) THAT, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the ______ day of _______________, 2011, and finally PASSED,

APPROVED and ADOPTED on this the _____ day of _______________2011.


Alvin New, Mayor

Attest: Alicia Ramirez, City Clerk Approved As to Form: Approved As to Content: Carl White Lysia H. Bowling Parks and Recreation Director City Attorney

6/1/2011

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City Council MeetingJune 7, 2011

Texas Bank Sports ComplexCurrent policy regarding alcohol sales and consumption at the complex:

• Sales allowed only by the City’s Concessionaire, San Angelo Host, during adult tournaments and permitted special events.

• Consumption of alcohol prohibited during any youth league and tournament play.g p y

City staff recommends the policy be formalized and adopted as ordinance and placed in Article 5.100, Alcoholic Beverages Regulations.

6/1/2011

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Texas Bank Sports ComplexThe proposed ordinance would clarify:

• that alcohol would not be permitted for sale or that alcohol would not be permitted for sale or consumption inside the fenced in quadrangles (quads 1, 2, 3, and 4) except during permitted special events or tournaments.

• Such permits would not be authorized during any organized youth activities at the Texas Bank Sports g y pComplex.

• In addition, consumption of alcohol during any youth league or youth tournament play would be prohibited at the Texas Bank Sports Complex.

Texas Bank Sports Complex• The proposed revisions would include a deletion of

Sec. 8.119, Unlawful to Carry Alcoholic Beverages into the 29th Street Recreation Area or the Rio Concho the 29 Street Recreation Area or the Rio Concho Sports Complex, dated 1959. This ordinance is obsolete since neither of these sports complexes exist, having been replaced by the new Texas Bank Sports Complex and Rio Concho Community Park.

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City of San Angelo



From: James Flores, Code Compliance Manager


Contact: James Flores /Code Compliance/657-4409


Consideration of a request for support for the Keep San Angelo Beautiful 2011 Great American Cleanup, including but not limited to the waiving of landfill fees

Summary: The Keep America Beautiful Great American Cleanup happens annually and KSAB performs this function locally. This is the nation’s largest organized annual community improvement program. The Keep San Angelo Beautiful Board has coordinated similar events in the past with great success (see attached report). Once again, this is an attempt to conduct this successful event with our community partners, volunteers, and City staff. One event will be held this year rather than the two events previously.

• KSAB board members are currently voting on the date to perform this event and the citizenry will be informed after a vote has been made. Currently, we are looking to perform this event in late summer.

History: Since 2006, Council has authorized $20K for previous Great American Cleanups. This in-kind support has allowed City staff from operations, street and bridge, Police, and the use of equipment to make this event the success that it is. With understanding the current economic challenges, KSAB is requesting to allow half this amount for one event and the cost of tonnage deposited at the landfill. On an average, each event generates roughly $1800.00 of land fill cost. The anticipation of this amount being doubled, (due to only having one event), we anticipate needing the cost of funding this event and the cost tonnage deposited to not exceed $13,600.00. Financial Impact: Not to exceed $13,600.00 for in-kind services Related Vision Item (if applicable): Community Appearance Vision - San Angelo will be an attractive community when we have cleaner neighborhoods, both residential and commercial Other Information/Recommendation: Staff recommends approval of the funding allocation. Attachments: None

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Presentation: James Flores, Code Compliance Manager and KSAB chairperson,

Joseph Grimes Publication: None. Approved by Area Service Director: Robert Salas

alicia.ramirez

Typewritten Text

alicia.ramirez

Typewritten Text

--------------------------to seeing the art community continue to grow in San Angelo.

City of San Angelo Parks & Recreation




Subject: Agenda Item for June 7, 2011, Council Meeting

Contact: Carl White, Parks and Recreation Director, 657-4450 or 234-1724


First public hearing and introduction of an Ordinance amending Chapter 9, Lakes, Parks and Recreation Areas, Articles 9.100 and 6.300 of the City of San Angelo Code of Ordinances related to rules and regulations governing the use of the waters of and of City-owned and -managed property adjacent to Lake Nasworthy and Twin Buttes Reservoir.

Summary: In January, the Council reviewed and offered input to proposed updates to the Code of Ordinances addressing the operations, management and enforcement at Lake Nasworthy and Twin Buttes. Approval and implementation of these improvements represents the second in a four-phase plan for improving our lake parks. The ordinance update will lay the foundation for the conceptual improvements that represent the final phase of the plan.

History: At the Jan. 25 Council meeting, staff outlined what it believes are necessary ordinance and policy changes that will help guide the improvements the community wishes to be made at our lake parks. Much of Article 9.100 in the Code of Ordinances, which governs Lake Nasworthy and Twin Buttes Reservoir, has not been touched since the code was adopted 52 years ago in 1959. The proposed changes seek to achieve a more consistent, efficient and modern approach to issues such as control, safety, permits and fees. In turn, staff believes a more consistent approach to these issues will yield not only a better lake experience for the public but greater revenue to support the operation.

Attached to this memo is the proposed ordinance changes with the major changes highlighted. These changes are the result of internal discussions and conversations with City Council members, stakeholders, including law enforcement, users, hunters and anglers, and vendors. The major changes proposed are as follows:

Permits and fees: All permits may be purchased at entrance gates and other City-approved outlets. Those outlets in the future likely will include the Convention Center, the Nature Center, the Internet and Spring Creek Marina.

1.) Day use permits – Rates for day use permits would remain $3 per vehicle for City residents, $6 per vehicle for non-residents. Instead of charging only on Saturdays, Sundays and holidays from the first weekend in March through Labor Day, we would charge from 4 p.m. to 8 p.m. Mondays through Thursdays during that season, and from 8 a.m.-8 p.m. Fridays

through Sundays and holidays. To help offset the additional costs of picking up trash during the summer holidays (Easter, Memorial Day, July 4th and Labor Day), the entry fees would increase to $4 per vehicle for City residents and $8 for non-residents on those holiday weekends. Day use permits would expire at 10:30 p.m. Annual permits would be $25 for City residents, $50 for non-residents and $15 for City residents who are seniors, disabled or veterans. Currently, annual permits are $20 for all but seniors and disabled persons, for whom the current fee is $10.

2.) Camping permits – Although the ordinance does not limit the time of year when campers must purchase permits, the practice has been that that occurs during the same period when day use permits are required. We plan on requiring permits year-round. We are proposing no change in camping fees ($6 for City residents, $12 for non-residents) other than on holiday weekends and no annual camping permit, and will not require purchasers of camping permits to also buy an entry pass. Camping fees on holiday weekends would increase to $7 for City residents and $14 for non-residents to help cover the additional costs of picking up trash and litter.

As a side note, the SAPD officers who patrol the parks have taken on enforcement of permits. Anyone caught without a permit is instructed to go purchase a permit or leave the park. While this does not ensure that everyone who enters the park has a permit, it is the most cost-effective manner of policing permits.

3.) Vehicle permits – As part of the process of providing limited vehicular access to Twin Buttes Reservoir, we propose selling and issuing vehicle permits to those who complete the process for acquiring keys to the gates around Twin Buttes. So, when an officer encounters a vehicle inside the gates and fencing, he will be able to determine if the driver is permitted to be there (as opposed to having been handed a key by someone else). The vehicle permit fee would mirror the other annual fees: $25 for City residents, $50 for non-residents and $15 for senior and disabled City residents and for those who can display a Department of Defense 214 form. The permit would attach to the inside windshield and would also give the vehicle unlimited access to Nasworthy parks for a year.

Campsites: Campsites must be secured by reservation in advance and/or assigned by City personnel. Refusal or failure to occupy the assigned campsite could be grounds for removal from the park. No more than 10 people older than 10 years of age with no more than 3 motor vehicles may occupy a single campsite.

Hunting: Blinds and feeders are prohibited, unless they are erected by a City-contracted vendor or are transported into and off of the property on the same day. Also, shooting from a motorized vehicle would be prohibited. We will propose more hunting-related ordinances during Phase III of the lake park improvement plan.

Housekeeping matters: References to people (the Public Works Director, Lake Rangers, etc.), places (Bob’s Boat Dock, Spring Creek Road, Twin Buttes Marina, etc.) and things (the Lake Board, Lake and Park Police, etc.) that no longer exist have been struck.

Redundancy: We are seeking to eliminate ordinances that are elsewhere in the code, including those regarding noise, itinerant merchants, code compliance violations and a Crimestoppers-like reward program.

Fireworks: Per Council’s direction, the ordinance will include a provision for the discharge of fireworks at designated locations only. The SAPD suggested we do the same with skeet shooting.

Financial Impact: Since fiscal year 2005, lake revenues from camping and entrance fees have fluctuated wildly, from a low of $54,198 to a high in FY09 of $112,492. (This past year, $70,653 was collected.) Staff is convinced that with updated ordinances and policies, and with more consistent attention to operations and administration, revenue will increase.

We have already seen an increase in revenues since instituting more consistent staffing, operations and oversight. Through May 15 this year, $46,420 has been collected in day entry and camping fees. By comparison, through the same number of weekends last year, $29,714 had been received. That’s a difference of $16,706.

Staff anticipates additional revenues possibly being reinvested in the lake parks to address some of the priorities identified by the public in a recent survey and/or to pay for a master plan for the lakes.

Looking ahead, once we have designated individual campsites and established a reservation system, staff will want to revisit the fee schedule. We believe a premium should be charged for any campsite that fronts the water and/or offers additional amenities, such as fire rings, grills, picnic tables, proximity to playgrounds, RV hookups, etc.

Related Vision Item

(if applicable):

While the lakes are not neighborhoods per se (although there is ample residential development around Nasworthy), this proposal is in keeping with the Neighborhood Vision of establishing appropriate regulations to protect neighborhoods.


Staff from the Parks, Operations and Police departments recommends approval of the proposed ordinance changes. As has been previously discussed, the plan to improve our lakes and their parks is a phased approach. Later this year, staff plans on returning to the Council with the third phase of the four-phase plan. Phase III will address permitting processes at Twin Buttes. The last phase involves continued improvement in and development of the lake parks.

Attachments: Proposed revised Art. 9.100 of Code of Ordinances City Council minutes, Jan. 25, 2011

Presentation: PowerPoint

Publication: N/A

Reviewed by Director:

Rick Weise, Assistant City Manager, May 23, 2011

Approved by Legal: Yes

AN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE

9.100, OF THE SAN ANGELO CODE OF ORDINANCES, ENTITLED “LAKE

NASWORTHY-TWIN BUTTES”; ADOPTING A RESTATED ARTICLE 9.100

ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; PROVIDING FOR RULES

AND REGULATIONS FOR THE GOVERNANCE OF THE WATERS OF LAKE

NASWORTHY AND THE USE OF THE SHORE LINES THEREOF AND OF

CITY OWNED PROPERTY ADJACENT THERETO, AND THE USE OF THE

WATERS AND LAND OF TWIN BUTTES RESERVOIR OWNED OR

CONTROLLED BY THE CITY, AND OTHER LAND OR WATERS OWNED OR

CONTROLLED BY THE CITY, WHETEHR WITHIN OR OUTSIDE OF THE

CORPORATE LIMITS OF THE CITY OF SAN ANGELO; REPEALING AND

REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING A

RESTATED ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDNG FOR A

PENALTY FOR VIOLATION OF ANY PROVISION OF ARTICLE 9.100,

ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, OR 9.200, ENTITLED

“PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING

ARTICLE 6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED

ARTICLE 6.000 ENTITLED “PARK USER FEES” PROVIDING FOR FEES PAID

FOR LOT LEASES, ANNUAL RENT TRANSFER FEES, GRANTING FEES,

ANNUAL RENT, RENT ESCLATION, LATE FEES, CAMPSITE FEES, AND

ENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR

AN EFFECTIVE DATE.


Section (1) That Chapter 9, Article 9100, entitled “Lake Nasworthy-Twin Buttes”

of the Code of Ordinances of the City of San Angelo is hereby repealed and the following

restated Article 9.100, entitled “Lake Nasworthy-Twin Buttes” is hereby adopted:

ARTICLE 9.100 LAKE NASWORTHY-TWIN BUTTES

Sec. 9.101 Rules and Regulations; Applicability

The following rules and regulations shall govern the use of the waters of Lake Nasworthy

and the use of the shore lines thereof and of City owned property adjacent thereto where

specifically provided. These rules shall also be applicable to the use of the waters and land of

Twin Buttes Reservoir, owned or controlled by the City or other land or waters owned or

controlled by the City, whether within or outside of the corporate limits of the City of San

Angelo, unless a numbered section, lettered paragraph or a subparagraph is designated as

being applicable to only Lake Nasworthy. The provisions of Article 9.200, entitled “Parks”,

as they now exist or as they may hereafter be amended from time to time are adopted as a

part of these regulations governing the premises defined under this Article.

Sec. 9.102 Definitions

Annual Rent. Rent paid annually to the City by lessees for use of real property at Lake

Nasworthy, also known as annual lease fees.

Granting Fees. Fees paid to the City, as grantor or lessor, by grantee(s) or lessee(s) each time

a new lease with a new term is executed

Premises. The lands and waters referred to under Section 9.101 Article, etitled, Rules and

Regulations; Applicability.

Transfer Fees. Fees paid to the City each time a lease is transferred from lessee to another

individual or entity.

Sec. 9.103 Leases - Lake Nasworthy

(a) Lots shall be leased in accordance with general guidelines as established by the General

Land Use Map adopted by the San Angelo City Council on 11/19/74, and from maps

maintained in the office of the City Manager or his designee.

(b) Residential lots shall be leased to no more than four (4) individuals. It shall not be a

violation of this article to lease such lots to legal entities or other persons if required by

operation of law.

(c) Classification of leases, as designated on the General Land Use Map, are as follows:

(1) Residential - Residential leases are limited to single-family usage. The

maximum length of the lease is forty (40) years if a residence is located on the lot,

and there is no option period. If no residence is located on the lot, the maximum

length of a residential lease is twenty (20) years, and there is no option period.

(2) Organizational - Formally organized non-profit groups with their primary

objective of serving the citizens of the City of San Angelo and its immediate area.

Maximum length of a an organizational lease is forty (40) years, and there is no

option.

(3) Commercial - Businesses which shall primarily serve the recreational and

family living needs of the area. Commercial leasing for the purpose of

manufacturing for any light to heavy industry shall not be permitted. Maximum

length of a commercial lease is twenty (20) years plus one five (5) year option.

(4) Agricultural and/or Grazing - Leases are restricted to areas not fronting on

water and are to be used expressly for the grazing of livestock or the production

of crops. Authorization is required for all construction including roads, fences,

removal of trees except for mesquites less than five inches (5") in diameter, and

the alteration of any ground surfaces that will change existing drainage patterns.

Maximum length of an agricultural or grazing lease is five (5) years.

(5) Recreational/Other - Leases not covered above which may or may not front

on the lake and/or rivers. No permanent structures or fences will be allowed on

these leases. Authorization is required for portable structures or the alteration of

any ground surface. Maximum length of a recreational lease, or lease not

otherwise designated herein is five (5) years.

(d) Lease Fees. The fees to be paid for lot leases or use of Lake Nasworthy lots shall be as

provided for in the fee schedule set forth inAppendix A, Article 6.000, of the Code of

Ordinances of the City of San Angelo.

(e) No structure shall be erected within seventy-five feet (75') measured horizontally of the

edge of the water at elevation one thousand eight hundred seventy two and two tenths feet

(1,872.2'). Deviations from this rule must be approved by the City Manager or his designee.

(f) In consideration of the investments made by lessees over the years to the lots at Lake

Nasworthy and in order to allow lessees sufficient time to prepare for the transition to rental

based upon appraised market values, all lessees shall be entitled, upon request, to enter a new

lease or to amend their current lease, to provide that annual rent will be calculated at the rate

of two percent (2%) per year, as further specified in Appendix A, Article 6.000, Section

6.100(3)(B) of this code, until December 31, 2016.

Sec. 9.103A Sale of Residential Leased Lots at Lake Nasworthy to Leaseholders

(a) As provided by V.T.C.A., Local Government Code §272.001(h), the City of San

Angelo is authorized to sell leased lake property, without notice or the solicitation of bids, to

the person leasing such lake property for the fair market value of the land as determined by a

certified appraiser.

(b) A Lake Nasworthy residential lot leaseholder who desires to buy his or her lot from the

City of San Angelo may do so under the following conditions:

(1) If the leaseholder's lease, on the effective date of this section, will expire

after December 31, 2016, and there are more than fifteen (15) years remaining on

the lease term when the lessee notifies the City of his/her desire to purchase the

leased lot, the lessee shall surrender the lease and execute a new fifteen (15) year

lease, which shall provide that annual rent will be calculated at the rate of two

percent (2%) per year, as further specified in Appendix A, Article 6.000, Section

6.100(3)(B) of this code and shall further provide that if the lessee, during the sale

process, elects not to proceed with the sale, the lease will terminate on the date the

surrendered lease would have terminated.

(2) If the leaseholder's lease, on the effective date of this section, will expire

after December 31, 2016, and there are less than fifteen (15) years remaining on

the lease term when the lessee notifies the City of his/her desire to purchase the

leased lot, the lessee shall not be entitled to surrender the lease and execute a new

fifteen (15) year lease with annual rent calculated at the rate of two percent (2%)

per year, as specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this

code.

(c) A Lake Nasworthy commercial lot leaseholder, excluding any leaseholder of Spring

Creek Marina, who desires to buy his or her lot from the City of San Angelo may do so under

the following conditions:

(1) If the leaseholder’s lease, on the effective date of this section, will expire

after December 31, 2012 and there are more than ten (10) years remaining on the

lease term when the lessee notifies the City of his/her desire to purchase the

leased lot, the lessee shall surrender the lease and execute a new ten (10) year

lease, which shall provide that annual rent will be calculated in the same manner

as the rate is determined in the existing lease and shall further provide that if the

lessee, during the sale process, elects not to proceed with the sale, the lease will

terminate on the date the surrendered lease would have terminated.

(2) If the leaseholder’s lease, on the effective date of this section, will expire

after December 31, 2012, and there are less than ten (10) years remaining on the

lease term when the lessee notifies the City of his/her desire to purchase the

leased lot, the lessee shall not be entitled to surrender the lease and execute a new

ten (10) year lease.

(d) Any Lake Nasworthy organizational lot leaseholder desiring to buy its lot from the

City of San Angelo, excluding any leaseholder of the following lots:

(1) approximately 20.24 acres (currently leased to the Boy Scouts of America);

(2) approximately 0.709 acres (currently leased to the Concho Bass Club);

(3) approximately 81.99 acres (currently leased to the Concho Valley Archery

Association); and

(4) approximately 15.35 acres (currently leased to the United States

Government as the Goodfellow Rest Camp);

may do so under the following conditions:

(A) If the leaseholder’s lease, on the effective date of this article, will expire after

December 31, 2018, and there are more than fifteen (15) years remaining on the lease

term when the lessee notifies the City of its desire to purchase the leased lot, the

lessee shall surrender the lease and execute a new fifteen (15) year lease, which shall

provide that annual rent will be calculated at the rate of two percent (2%) per year, as

further specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code and

shall further provide that if the lessee, during the sale process, elects not to proceed

with the sale, the lease will terminate on the date the surrendered lease would have

terminated.

(B) If the leaseholder’s lease, on the effective date of this article, will expire after

December 31, 2018, and there are less than fifteen (15) years remaining on the lease

term when the lessee notifies the City of its desire to purchase the leased lot, the

lessee shall not be entitled to surrender the lease and execute a new fifteen (15) year

lease with annual rent calculated at the rate of two percent (2%) per year as specified

in Appendix A, Article 6.000, Section 6.100(3)(B) of this code.

(e) Any other leaseholder who desires to buy his or her lot from the City of San Angelo

shall advise the City Council through the City Manager or his designee, and the City Council

shall consider whether it desires to sell such individual lot and if so, under what conditions.

(f) The sale price of any lot shall be the fair market value of the City’s interest in the lot as

determined by an MAI certified appraiser, who shall be hired and paid by the City.

(g) The City Council shall determine whether or not it desires to sell a lot at an appraised

value or whether additional appraisals shall be performed.

(h) The City staff shall develop a procedure for the sale of lots based upon City Council

policies and this article.

(i) Future amendments to the sales process or terms of sale shall not apply to those sales

which have been completed prior to such amendments.

Sec. 9.104 Reserved

Sec. 9.105 Garbage Collection And Removal*

(a) Garbage, refuse, debris and all forms of litter resulting from use of public facilities

must be disposed of in containers provided for such purpose at locations designated, or

removed from the premises.

(b) Littering is prohibited on the lands and waters.

(c) The penalty for violation of a provision of this section shall be as provided for in Sec.

1.106 of the Code of Ordinances of the City of San Angelo.

Sec. 9.106 Animals*

(a) Definitions:

(1) Domesticated Animals. Means any animal tamed or converted to domestic

uses.

(2) Fowl. Means any feathered vertebrate including but not limited to ducks,

geese, chickens, pigeons, dove, quail and turkeys.

(3) Livestock. Means useful animals generally kept or raised on a farm or

ranch, including but not limited to bovine, horses, domestic swine, goats, sheep,

rabbits and hares.

(b) Livestock and Fowl: It shall be unlawful to keep or maintain any livestock or fowl on

the public park properties around Lake Nasworthy and Twin Buttes Reservoir unless

expressly authorized by the City Manager or his designee.

(c) Dogs and Cats: All dogs and cats on the Public Parks properties around Lake

Nasworthy and Twin Buttes Reservoir are subject to the animal control regulations specified

in Chapter 3 of this code.

(d) Exemption for San Angelo Nature Center. The San Angelo Nature Center shall be

exempt from Rules and Regulations of this Article pertaining to non-domesticated animals.

(e) Prohibition of Animals in Certain Areas. It shall be unlawful to keep, allow or harbor

domesticated animals or snakes in designated swimming or beach areas at Lake Nasworthy

or Twin Buttes Reservoir or in the Lake Nasworthy Park area commonly known as

Horseshoe Bend. It shall be unlawful to keep, allow or harbor non-domesticated animals or

snakes on the premises of Lake Nasworthy or Twin Buttes Reservoir.

Sec. 9.107 Water Use

(a) Fixed or Floating Structures and Objects; Lake Nasworthy.

(1) No person, firm, corporation, association or organized group shall have,

construct, install, use, permit the use of, operate, or maintain on the waters of

Lake Nasworthy or Twin Buttes Reservoir any structure object or device

permanently or semi-permanently fixed, tethered or anchored in place in, upon or

over the surface of any water for any purpose, including but not limited to

docking, without first securing a permit or other written authorization therefore

from the City Manager or his designee.

(2) All permanently or semi-permanently fixed or floating structures, objects,

or devices in or upon the waters of Lake Nasworthy or Twin Buttes Reservoir

requiring a permit or written authorization therefore shall be equipped with red

reflecting devices of such size and characteristics and so maintained as to be

clearly visible at night from a distance of at least three hundred feet (300') from

all directions from which the structure, object, or device could be approached by

watercraft.

(3) A fixed or floating structure, object, or device for which a charge is made

for its use, shall be classified as a commercial unit. The City Manager or his

designee shall recommend the annual charge for each installation, subject to

approval by the City Council. It shall be a violation of these rules and regulations

for a charge to be made for the use of a fixed or floating structure, object, or

device on the waters of Lake Nasworthy or Twin Buttes Reservoir that has not

first been approved by the City Council.

(4) Each floating or fixed structure, object, or device on the waters of Lake

Nasworthy attached to or associated with the use or occupancy of a lake lot in

compliance with law and these rules and regulations shall be the responsibility of

the leaseholder or owner of the lake lot and shall be transferred with a transfer of

the lease of the lake lot or the conveyance or sale of the lake lot.

(5) (A) The City Manager or his designee shall have the authority to order the

removal of any fixed or floating structure, object, or device that is required to be

permitted or otherwise authorized under these rules and regulations if:

(i) The owner or person in control of the structure, object, or device

does not have a valid permit or other written authorization for the

structure, object, or device as required by these rules and regulations;

or

(ii) The structure, object, or device has been determined by the City

Manager or his designee to be unsafe and to create a hazard to the

health, safety, or welfare of any person or to create an unreasonable

risk of damage to property.

(B) Before removal of any structure, object, or device pursuant to this

Section 9.107 that does not impose an immediate hazard to persons or

property, the owner shall be given notice by registered or certified mail

addressed to the owner’s address of record with the City, of the City

Manager’s or his designee’s determination and decision to require removal

of the structure, object, or device. The notice shall provide a reasonable

time period not to exceed sixty (60) days within which the owner or person

in control of the structure, object or device may remove it; or, within which

the owner or person in control may bring it into compliance if the City

Manage or his designee makes a determination that the structure, object, or

device, with or without alteration, may be non-hazardous to persons or

property. If the required removal or compliance action is not completed

within the sixty (60) day notice period the structure, object, or device shall

be removed and disposed of by the City at the discretion of the City

Manager or his designee. The costs incurred or allocated for such removal

and disposition shall be reimbursed by the owner or person in control of the

structure, object, or device to the City and shall be due and payable

immediately when the owner or person in control is notified, in writing of

the amount due. The costs incurred or allocated by the City for removal and

disposition of a structure, object, or device pursuant to this Section 9.107

shall constitute the personal obligation of the owner or person in control of

the structure, object, or device in violation of these rules and regulations;

and, as to violations on Lake Nasworthy, shall constitute additional rent

applicable to any leased lake lot of such owner or person in control thereof.

(b) Boats and Craft operated on Lake Nasworthy and Twin Buttes Reservoir.

(1) It shall be unlawful to operate a boat on Lake Nasworthy with over the

transom (OT) exhaust. Engine exhaust shall not create excessive noise that would

constitute a public nuisance. For special events, the City Council may allow an

exception to these requirements.

(2) It shall be prohibited to tow a ski rope behind a boat when said boat is not

actively engaged in pulling a water skier except when retrieving a water skier.

(3) It shall be unlawful for any person to drive or operate any boat or water

craft in such a manner as to create a wake in any areas on Lake Nasworthy or

Twin Buttes Reservoir designated with signs or buoys as “no wake” areas. For the

purpose of addressing safety, the City Manager or his designee shall have the

authority to designate “no wake” areas, maintain a list of “no wake” areas, and

place signs or buoys designating “no wake” areas.

(4) It shall be prohibited to trail ropes or pull tubes or any other devices in areas

designated "No Wake" or "No Skiing."

(c) Skiing.

(1) It shall be unlawful for any person to water ski or to operate a boat in such a

manner as to pull a water skier in any areas on Lake Nasworthy or Twin Buttes

designated as "no skiing" areas. For the purpose of addressing safety, the City

Manager or his designee shall have the authority to designate “No Skiing” areas,

maintain a list of “No Skiing” areas, and place signs or buoys designating “No

Skiing” areas.

(2) Any skier who has fallen must be immediately retrieved by the operator of

the boat that was towing the skier.

(d) Swimming.

(1) The City Manager or his designee shall designate swimming areas by

erecting signs or buoys at either end of such areas.

(2) No person shall swim at any place into the water for a distance of more than

one hundred fifty feet (150') from the lake shoreline unless such person is

accompanied by a boat properly equipped with life preservers, or is wearing a life

jacket.

(3) It shall be prohibited to swim in marina areas and at all boat ramps.

(4) It shall be prohibited to swim at the point at the easternmost point of

Camper Road.

(5) It shall be prohibited to swim in the cement basin southeast of the swim

beach at Mary Lee Park.

(e) Diving.

(1) It shall be unlawful for any person to dive with any underwater breathing

apparatus on the waters of Lake Nasworthy or Twin Buttes Reservoir unless such

person displays a "diver down" flag on a boat, float or other floating platform,

which flag shall comply with Section 31.1021(f) of the Texas Parks and Wildlife

Code, V.T.C.A. and shall be displayed at least three feet (3') high on a staff.

(2) It shall be unlawful for any person to dive within two hundred (200) yards

of marinas or boat ramps.

(f) Fishing.

(1) It is hereby declared to be unlawful for anyone to run, molest, take any fish

from, or otherwise interfere with any trotline which is installed in accordance with

state regulations, or the throw line of another or to assist anyone in doing so,

without the consent of the owner of such trotline or throw lines.

(2) Trotlines used in designated skiing areas shall be weighed so that such

trotlines shall not come nearer than four feet (4') from the surface of the water.

Trotlines shall be identified by a surface float. Trotlines are prohibited in

designated swimming areas. Trotlines shall be installed according to state

regulations.

(3) It shall be prohibited to fish off the marina fueling docks.

(4) It shall be prohibited to fish off the South Concho Drive low water crossing

on the South Concho section of Lake Nasworthy at or about 2.2 miles southeast of

F.M. 584 on South Concho Drive.

(g) Safety Clause. All persons using the waters of the lakes or rivers for the purpose of

recreation in any form do so at their own risk and peril, and must use all reasonable means to

secure their own safety.

(h) Special Events. On certain occasions the City Council may authorize individuals or

groups to hold special events for sporting and recreational purposes at Lake Nasworthy and

Twin Buttes. Additionally, the City Council may authorize temporary variances from the

prohibitions and requirements of City ordinances for the events. In determining whether to

authorize an event and grant one or more variances, the Council shall take into account the

following factors:

(1) Proximity of event to residential areas;

(2) Probability of event causing undue disturbance to occupants and users of

the lakes;

(3) Ability of organizers to ensure safety of participants and observers,

including but not limited to acquiring appropriate insurance;

(4) Whether varying from the standard requirements and prohibitions of City

ordinances would result in undue danger to participants under the circumstances

(i.e., location, time, size, etc.) of the special event; and

(5) Any other unique circumstances relating to each particular event.

Sec. 9.108 Land Use

(a) Camping.

(1) Definitions.

(A) "Campsite" means the area needed, occupied and used by a

recreational vehicle or a group of individuals for overnight

accommodations, a meeting place, building a fire, or preparing or partaking

of a meal.

(2) The City Manager or his designee shall have the authority to designate

overnight camping sites and to mark same. Camping is allowed only in designated

sites. Campsites will be designated as RV or tent campsites. RVs are not

permitted to park in tent campsites, and tent campers may not occupy an RV

campsite unless they also have an RV. Camping in other than a designated area is

a violation of this section. The penalty for violation of this ordinance is provided

for in Sec. 1.106.

(3) No person shall be permitted to reserve a particular campsite for more than

two (2) weeks in succession, after which they must make another reservation for a

site that is not and will not be in use.

(4) A charge will be made for the use of designated public camping areas. The

fee per campsite shall be as provided for in the fee schedule set forth at Appendix

A, Article 6.000 of the Code of Ordinances of the City of San Angelo.

(5) An overnight camping permit must be purchased for each day that an

overnight campsite is occupied. The permit must be hung from the rearview

mirror of the campers’ vehicle, with the information facing outward.

(6) Campsites must be secured by reservation in advance and/or assigned by City

personnel. Refusal or failure to occupy the assigned campsite could be grounds

for removal from the park.

(7) No more than ten (10) people over the age of ten years with no more than

three (3) vehicles may occupy a single campsite.

(b) Open Fires. Fires in camping or picnic areas are prohibited except in grills and or in

established fire rings. Fires may not be burned when a burn ban is in effect in Tom Green

County, in holes or on the ground, or using wood gathered from the park. All ashes must be

extinguished by drenching.

(c) Hunting.

(1) It shall be unlawful to hunt with a bow or hunt with or possess or fire any

firearm upon, along, across or from any part of the premises of Lake Nasworthy,

Twin Buttes Reservoir, or any other waters or land owned or controlled by the

City except:

(A) at the Tom Flowers Law Enforcement Training Academy; and

(B) with a bow or shotgun (no slugs) in the areas specifically designated

by the City Manager or his designee.

(2) Permits valid for a specified period of time and a specified area may be

granted-by the City Manager or his designee for persons using firearms in the

control of rodents, varmints or destructive predators.

(3) Hunting blinds and feeders may not be erected on the properties around Lake

Nasworthy or Twin Buttes Reservoir unless allowed by City contract or if the

blind or feeder is transported onto and off of the property on the same day.

(4) Discharging a firearm or shooting a bow and arrow from any motorized

vehicle is prohibited.

(5) Shooting of clay targets at Twin Buttes Reservoir is allowed only in

designated areas.

(6) Hunting is not allowed within 300 feet of fence lines on the premises.

(d) Public property; Buildings, Equipment, Materials, Landscapes, Supplies, Etc. No

person, persons, groups, companies, associations or corporations shall:

(1) Willfully mark, deface, disfigure, tamper with, or displace or remove any

City property or appurtenances whatsoever, either real or personal, including

buildings, bridges, tables, benches, fireplaces, railings, paving, or paving material,

water lines or other public utilities or parts or appurtenances thereof, signs,

notices or placards, whether temporary or permanent, monuments, stakes, posts,

or other boundary markers, or other structures or equipment, facilities on the

premises.

(2) Remove, transplant or damage any tree, shrub, or plant on land not under

lease. Authorization must be obtained for the removal or transplanting of trees,

other than mesquite, on leased land.

(e) Real Estate.

(1) Each Lake Nasworthy leaseholder or property owner shall post and

maintain on their lot the correct street number of such lot so that the number is

clearly legible from the public roadway closest to such lot. All numbers posted

pursuant to this section shall be at least three (3) inches in height.

(2) Excavation, removal, addition to, or alterations of the Lake and stream

shoreline without authorization of the City Manager or his designee is prohibited.

In addition, there shall be no change in land contour or drainage patterns, nor

removal, or addition of any type of earth material in any location away from the

shoreline without authorization. Authorization must also be given for the

alteration, removal or addition of material to the Lake or river bottom.

(f) Traffic.

(1) The movement of all vehicular traffic shall be limited to designated

roadways. A designated roadway is one in which the road surface is improved or

otherwise distinguished from the adjacent land. Such roadways shall be

designated by signs and maps. The City Manager or his designee, with the

approval of the City Council, shall for the roads under the City’s control, establish

speed limits, traffic signs, locate speed bumps, and take all actions necessary to

provide for the safe movement of all forms of land traffic, including but not

limited to motor driven, animal, pedestrian, and bicycle traffic.

(2) It shall be prohibited to block any boat ramp for any longer period of time

than that required to load or unload one's boat.

(3) Only authorized emergency vehicles or other authorized vehicles may drive

on roads designated as restricted for authorized vehicle use or otherwise closed to

public access.

(4) (A) The following areas shall be designated "NO PARKING":

(i) The west side of Camper Road from a point of beginning located

five hundred feet (500') southwest of Spring Creek Marina to a point

eight hundred feet (800') south of the point of beginning.

(ii) The north side of Camper Road from Spring Creek Marina to

sixteen hundred feet (1600') east of Spring Creek Marina. (3)

(iii) The area along either side of Twin Buttes Marina Circle Road.

(B) The following areas shall be designated thirty (30) minute parking

zones:

(i) The parking area directly in front of Spring Creek Marina.

(5) (A) Cars may not enter the gate at Camper Road at the times that

Fisherman's Road is designated as one-way. Cars shall exit at the gate during

the times that Fisherman's Road is designated as one-way.

(B) No person shall turn a vehicle so as to make a left turn from

Fisherman's Road onto Camper Road when the entrance gate at Fisherman's

Road is in operation for the purpose of collecting entrance fees.

(6) Miscellaneous Traffic Rules:

(A) Clinging to Vehicles: It shall be unlawful for any person riding upon

a bicycle, coaster, roller skates, sled or toy vehicle to attach the same or

himself to any vehicle upon a roadway.

(B) Boarding or Alighting from Vehicles: It shall be unlawful for any

person to board or alight from any vehicle while such vehicle is in motion.

(C) Unlawful Riding: It shall be unlawful for any person to ride or to

permit another person to ride upon any portion of a vehicle not designated or

intended for the use of passengers. This provision shall not apply to an

employee legally engaged as necessary in the discharge of a duty, or to

persons otherwise legally riding within truck bodies in space intended for

merchandise.

(7) Limited vehicular access: Vehicular access to gated roads and fenced land

area around Twin Buttes Reservoir is restricted to access through those gates

designated for such access. It shall be a violation of these rules and regulations

for a person to access such roads or fenced land areas other than by use of

designated gates without first being issued a key to the designated gates upon

written application with the Parks and Recreation Department of the City and

securing an annual entrance permit as provided for in the fee schedule set forth in

Appendix A, Article 6.000 of the Code of Ordnances of the City of San Angelo.

The permit may also grant access to Lake Nasworthy parks.

(g) Fees - Lake Nasworthy and Twin Buttes Reservoir: The entrance day use permit fees

as provided for in the fee schedule found in the appendix of this code will be charged for

entrance into certain areas at Lake Nasworthy and Twin Buttes Reservoir. The day use

permit fees shall be paid at entrance gates and other City-approved outlets from the first

week-end in March through Labor Day of each year. Day use permits must be purchased

prior to or while in the park, and displayed on the driver’s side dashboard of the user’s

vehicle. Day use permits expire at 10:30 p.m. on the day they are purchased. Day use permit

holders must vacate the park before expiration of their permits. Any person holding a valid

camping permit shall be exempt from the requirement to possess a day use permit.

(h) Restricted Areas: Access to the following described areas designated as Restricted

Areas is prohibited as follows:

(1) The entire length of the earthen embankment and road on top of Twin

Buttes Darn shall be restricted to all vehicular traffic, except for authorized

vehicles.

(2) The earthen embankment east of Twin Buttes stilling basin and the gate

control area on top of the Twin Buttes Darn two hundred feet (200') north and two

hundred feet (200') south of the control house), shall be restricted to all vehicular

and pedestrian traffic, except for authorized personnel and vehicles.

(3) The Twin Buttes stilling basin shall be restricted to all vehicular traffic,

except authorized vehicles.

(4) The Twin Buttes gates inlet works and outlet works stilling basin shall be

restricted to all boats and swimmers within one hundred feet (100') of the inlet

and outlet works, except for authorized boats and personnel.

(5) The entire length of the earthen embankment and the road on top of the

Lake Nasworthy Darn shall be restricted to all vehicular traffic, except for

authorized vehicles.

(6) The Lake Nasworthy gates shall be restricted to all boats and swimmers

within one hundred feet (100') of the gate works, except for authorized boats and

personnel.

(7) The Lake Nasworthy outlet works within 300 feet downstream of the gates

shall be restricted to all vehicles, boats, swimmers and pedestrian traffic, except

for authorized personnel and vehicles.

(8) The Twin Buttes Spillway is restricted to all vehicles and pedestrian traffic,

except for authorized personnel and vehicles.

(9) It shall be unlawful for any person to be in either Spring Creek, Middle

Concho Park, or the land area of Twin Buttes between the hours of 10:30 P.M.

and 6:00 A.M. unless such person either possesses a valid camping permit or is

accompanied by and in the presence of another person who possesses a valid

camping permit..

(i) Glass Containers Prohibited: The possession of glass containers, upon all publicly

accessible properties (including the bodies of water) at Lake Nasworthy and Twin Buttes

Reservoir shall hereby be prohibited.

(j) Fireworks: Fireworks may be discharged at Twin Buttes Reservoir only in designated

areas. Fireworks are prohibited at Lake Nasworthy in accordance with Chapter 6, Article

6.100, Sec. 6.102 of the Code of Ordinances of the City of San Angelo.

Section (2) That Chapter 9, Article 9.400, entitled “Penalty” of the Code of

Ordinances of the City of San Angelo is hereby repealed and the following restated Article

9.400, entitled “Penalty” is hereby adopted:

ARTICLE 9.400 PENALTY

Section 9.401 Reserved.

Sec. 9.402 Penalty

(a) Penalty. Violation of any provision of Article 9.100, entitled “Lake Nasworthy-Twin

Buttes”, or 9.200, entitled “Parks”, by any lessee or permit holder relating to the premises

and City-owned property may be grounds for termination of such lease or cancellation of

such permit . Any person, group, company, association or corporation violating any provision

of Articles 9.100 or Article 9.200 shall be guilty of a misdemeanor and upon conviction shall

be fined in accordance with the general penalty provision found in Section 1.106 of the Code

of Ordinances of the City of San Angelo, unless a specific fine is provided for elsewhere in

this chapter. Each day that a violation continues shall be a separate offense.

(b) Violations of this chapter shall be prosecuted in the municipal court of the City of San

Angelo.

Section (3) That Appendix A, Article 6.000, entitled “Park Use Fees” of the Code

of Ordinances of the City of San Angelo is hereby repealed and the following restated Article

6.000, entitled “Park Use Fees” is hereby adopted:

ARTICLE 6.000 PARK USE FEES

Sec. 6.100 Lake Nasworthy Lot Lease Fees

The fees to be paid for lot leases or use of Lake Nasworthy lots shall be as follows:

(1) Transfer fees:

(A) For transfers of residential leases shall be two hundred fifty dollars ($250.00);

(B) For transfers of commercial leases shall be one thousand dollars ($1,000.00);

(C) For transfers of organizational leases shall be two hundred fifty dollars

($250.00).

(2) Granting fees:

(A) For a residential lease shall be one hundred fifty dollars ($150.00).

(B) For a commercial lease shall be two hundred dollars ($200.00);

(C) For organizational, grazing or recreational lease shall be seventy-five dollars ($75.00).

(3) Annual Rent:

(A) Rent Escalation at Ten-Year Intervals. Any Lake Nasworthy lease requiring annual

lease fee adjustments at five (5) year intervals, for which an adjustment is due on or after

September 15, 1992, shall be adjusted on its regular adjustment date by increasing the annual

lease fee (hereinafter referred to as “annual rent”) by two percent (2%) per year for the

previous five (5) years, for a total of ten percent (10%). Such adjusted annual rent shall

thereafter be adjusted at ten (10) year intervals by increasing the annual rent by two percent

(2%) per year for the previous ten (10) years, for a total of twenty percent (20%).

(B) Rent Escalation When New Lease is Required Before Termination. In the event any

lessee requests a new Lake Nasworthy lease before the expiration of the term of the current

lease and the annual rent under the current lease is not based upon the appraised market value

of the land, an adjustment shall be made effective the commencement date of the new lease

by increasing the annual rent by two percent (2%) per year or per any portion of a year for

time elapsed since the last adjustment. Such adjusted annual rent shall thereafter be adjusted

at ten (10) year intervals by increasing the annual rent by two percent (2%) per year for the

previous ten (10) years, for a total of twenty percent (20%), provided however, that this

adjusted annual rent shall be applicable only for a time period that would equal the number of

years remaining on the term of the current lease or until December 31, 2016, whichever is

later. After this time period elapses, the annual rent shall equal the appraised market value of

land multiplied by a factor of 0.08.

(C) Rent Escalation Based on Appraised Market Value Effective January 1, 2017.

Effective January 1, 2017, annual rent shall be calculated based upon the appraised market

value of the land multiplied by a factor of 0.08. Thereafter, all City owned lots at Lake

Nasworthy shall be appraised at intervals of not less than ten (10) years to determine the

market value of the land. Upon completion of each appraisal of the land, the annual rent will

be adjusted utilizing the newly determined market value and the multiplication factor of 0.08.

(D) Late Fees. If any Lake Nasworthy lease fees due to the City are not paid in full on or

before the due date specified in the lease, a late charge of twenty dollars ($20.00) per month

shall be incurred by and collected from the person or entity owing the sum.

Sec. 6.200 Campsite Fees

A camp site permit shall be required for the use of designated public camping areas. The

fees for camp site permits shall be paid at designated entrance gates, or at other City-outlets

as may be approved by the City Council from time to time. The following fee schedule shall

apply for day use and annual permits:

(1) Except as otherwise provided for designated holidays, a camp site permit shall

be six dollars ($6.00) per day per camp site for a permit issued to a San Angelo

resident and twelve dollars ($12.00) per day per camp site for a permit issued to an

out-of-town resident.

(2) A camp site permit shall be seven dollars ($7.00) per day per camp site for a

permit issued to a San Angelo resident and fourteen dollars ($14) per day per camp

site issued to an out-of-town resident for the following designated holidays, valid

from 8 a.m. to 8 p.m.:

(a.) Good Friday, the following Saturday, and Easter Sunday; and,

(b.) Memorial Day and Labor Day weekends including the preceding

Saturdays and Sundays; and,

(c.) The 4th of July, and when the 4th

of July is on a Friday, Saturday

Sunday or Monday, the Saturday and Sunday of that Independence Day

weekend.

Sec. 6.300 Entrance Fees

Lake Nasworthy and Twin Buttes Reservoir. Permits shall be required per vehicle for

entrance into designated areas at Lake Nasworthy and Twin Buttes Reservoir beginning the

Friday preceding the first weekend in March and continuing through Labor Day of each year.

Day use permits shall expire at 10:30 p.m. on the day they are issued. The fees for permits

shall be paid at designated entrance gates, or at other City-outlets as may be approved by the

City Council from time to time. Any person holding a valid camping permit shall be exempt

from the requirement for a day use permit. The following fee schedule shall apply for day

use and annual permits:

(1) Except as otherwise provided for designated holidays, a day use permit shall be

three dollars ($3.00) per day per vehicle for a permit issued to a San Angelo resident

and six dollars ($6.00) per day per vehicle for a permit issued to an out-of-town

resident valid from 4 p.m. to 8 p.m. on Mondays through Thursdays, and valid from 8

a.m. to 8 p.m. Fridays through Sundays, during the period.

(2) A day use permit shall be four dollars ($4.00) per day per vehicle for a permit

issued to a San Angelo resident and eight dollars ($8) per day per vehicle issued to an

out-of-town resident for the following designated holidays, valid from 8 a.m. to 8

p.m.:


(b.) Memorial Day and Labor Day weekends including the preceding

Saturdays and Sundays; and,

(c.) The 4th of July, and when the 4th

of July is on a Friday, Saturday

Sunday or Monday, the Saturday and Sunday of that Independence Day

weekend.

(3) Except as otherwise provided, an annual permit fee shall be Twenty-five dollars

($25.00) per vehicle issued to a San Angelo resident and fifty dollars ($50) per

vehicle issued to an out-of-town resident. The annual permit also grants limited

vehicular access to land areas around Twin Buttes Reservoir.

(4) An annual permit fee shall be fifteen dollars ($15.00) per vehicle issued to a

person over the age of sixty-five (65) without regard to residency. The annual permit

also grants limited vehicular access to land areas around Twin Buttes Reservoir.


person for a vehicle that is equipped with a valid handicapped parking permit or

plates. The annual permit also grants limited vehicular access to land areas around

Twin Buttes Reservoir.


person who displays a Department of Defense 214 form, proving service in the armed

forces, without regard to residency. The annual permit also grants limited vehicular

access to land areas around Twin Buttes Reservoir.

Section 4) THAT, the following severability clause is adopted with this ordinance:

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, this Ordinance shall be effective on, from and after the date of adoption.

INTRODUCED on the day of 2011, and finally

PASSED, APPROVED and ADOPTED on this day of ,

2011.

CITY OF SAN ANGELO

ATTEST: BY:

Alvin New, Mayor


APPROVED AS TO CONTENT: APPROVED AS TO FORM:

Carl White, Dir. of Parks & Rec. Lysia H. Bowling, City Attorney

AN ORDINANCE REPEALING AND REPLACING CHAPTER 9, ARTICLE 9.100, OF THE SAN ANGELO CODE OF ORDINANCES, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; ADOPTING A RESTATED ARTICLE 9.100 ENTITLED “LAKE NASWORTHY-TWIN BUTTES”; PROVIDING FOR RULES AND REGULATIONS FOR THE GOVERNANCE OF THE WATERS OF LAKE NASWORTHY AND THE USE OF THE SHORE LINES THEREOF AND OF CITY OWNED PROPERTY ADJACENT THERETO, AND THE USE OF THE WATERS AND LAND OF TWIN BUTTES RESERVOIR OWNED OR CONTROLLED BY THE CITY, AND OTHER LAND OR WATERS OWNED OR CONTROLLED BY THE CITY, WHETHER WITHIN OR OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF SAN ANGELO; REPEALING AND REPLACING ARTICLE 9.400, ENTITLED “PENALTY; ADOPTING A RESTATED ARTICLE 9.400 ENTITLED “PENALTY”; PROVIDING FOR A PENALTY FOR VIOLATION OF ANY PROVISION OF ARTICLE 9.100, ENTITLED “LAKE NASWORTHY-TWIN BUTTES”, OR 9.200, ENTITLED “PARKS”; AMENDING APPENDIX A, BY REPEALING AND RESTATING ARTICLE 6.000, ENTITLED “PARK USER FEES”; ADOPTING A RESTATED ARTICLE 6.000 ENTITLED “PARK USER FEES” PROVIDING FOR FEES PAID FOR LOT LEASES, ANNUAL RENT TRANSFER FEES, GRANTING FEES, ANNUAL RENT, RENT ESCALATION, LATE FEES, CAMPSITE FEES, AND ENTRANCE FEES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.


Section (1) That Chapter 9, Article 9100, entitled “Lake Nasworthy-Twin Buttes” of the Code of Ordinances of the City of San Angelo is hereby repealed and the following restated Article 9.100, entitled “Lake Nasworthy-Twin Buttes” is hereby adopted:

ARTICLE 9.100 LAKE NASWORTHY-TWIN BUTTES

Sec. 9.101 Rules and Regulations; Applicability

The following rules and regulations shall govern the use of the waters of Lake Nasworthy and the use of the shore lines thereof and of City owned property adjacent thereto where specifically provided. These rules shall also be applicable to the use of the waters and land of Twin Buttes Reservoir, owned or controlled by the City or other land or waters owned or controlled by the City, whether within or outside of the corporate limits of the City of San Angelo, unless a numbered section, lettered paragraph or a subparagraph is designated as being applicable to only Lake Nasworthy. The provisions of Article 9.200, entitled “Parks”, as they now exist or as they may hereafter be amended from time to time are adopted as a part of these regulations governing the premises defined under this Article.

Sec. 9.102 Definitions

Annual Rent. Rent paid annually to the City by lessees for use of real property at Lake Nasworthy, also known as annual lease fees.

Granting Fees. Fees paid to the City, as grantor or lessor, by grantee(s) or lessee(s) each time a new lease with a new term is executed

Premises. The lands and waters referred to under Section 9.101 Article, entitled, Rules and Regulations; Applicability.

Transfer Fees. Fees paid to the City each time a lease is transferred from lessee to another individual or entity.

Sec. 9.103 Leases - Lake Nasworthy

(a) Lots shall be leased in accordance with general guidelines as established by the General Land Use Map adopted by the San Angelo City Council on 11/19/74, and from maps maintained in the office of the City Manager or his designee.

(b) Residential lots shall be leased to no more than four (4) individuals. It shall not be a violation of this article to lease such lots to legal entities or other persons if required by operation of law.

(c) Classification of leases, as designated on the General Land Use Map, are as follows:

(1) Residential - Residential leases are limited to single-family usage. The maximum length of the lease is forty (40) years if a residence is located on the lot, and there is no option period. If no residence is located on the lot, the maximum length of a residential lease is twenty (20) years, and there is no option period.

(2) Organizational - Formally organized non-profit groups with their primary objective of serving the citizens of the City of San Angelo and its immediate area. Maximum length of an organizational lease is forty (40) years, and there is no option.

(3) Commercial - Businesses which shall primarily serve the recreational and family living needs of the area. Commercial leasing for the purpose of manufacturing for any light to heavy industry shall not be permitted. Maximum length of a commercial lease is twenty (20) years plus one five (5) year option.

(4) Agricultural and/or Grazing - Leases are restricted to areas not fronting on water and are to be used expressly for the grazing of livestock or the production of crops. Authorization is required for all construction including roads, fences, removal of trees except for mesquites less than five inches (5") in diameter, and

the alteration of any ground surfaces that will change existing drainage patterns. Maximum length of an agricultural or grazing lease is five (5) years.

(5) Recreational/Other - Leases not covered above which may or may not front on the lake and/or rivers. No permanent structures or fences will be allowed on these leases. Authorization is required for portable structures or the alteration of any ground surface. Maximum length of a recreational lease, or lease not otherwise designated herein is five (5) years.

(d) Lease Fees. The fees to be paid for lot leases or use of Lake Nasworthy lots shall be as provided for in the fee schedule set forth in Appendix A, Article 6.000, of the Code of Ordinances of the City of San Angelo.

(e) No structure shall be erected within seventy-five feet (75') measured horizontally of the edge of the water at elevation one thousand eight hundred seventy two and two tenths feet (1,872.2'). Deviations from this rule must be approved by the City Manager or his designee.

(f) In consideration of the investments made by lessees over the years to the lots at Lake Nasworthy and in order to allow lessees sufficient time to prepare for the transition to rental based upon appraised market values, all lessees shall be entitled, upon request, to enter a new lease or to amend their current lease, to provide that annual rent will be calculated at the rate of two percent (2%) per year, as further specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code, until December 31, 2016.

Sec. 9.103A Sale of Residential Leased Lots at Lake Nasworthy to Leaseholders

(a) As provided by V.T.C.A., Local Government Code §272.001(h), the City of San Angelo is authorized to sell leased lake property, without notice or the solicitation of bids, to the person leasing such lake property for the fair market value of the land as determined by a certified appraiser.

(b) A Lake Nasworthy residential lot leaseholder who desires to buy his or her lot from the City of San Angelo may do so under the following conditions:

(1) If the leaseholder's lease, on the effective date of this section, will expire after December 31, 2016, and there are more than fifteen (15) years remaining on the lease term when the lessee notifies the City of his/her desire to purchase the leased lot, the lessee shall surrender the lease and execute a new fifteen (15) year lease, which shall provide that annual rent will be calculated at the rate of two percent (2%) per year, as further specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code and shall further provide that if the lessee, during the sale process, elects not to proceed with the sale, the lease will terminate on the date the surrendered lease would have terminated.

(2) If the leaseholder's lease, on the effective date of this section, will expire after December 31, 2016, and there are less than fifteen (15) years remaining on

the lease term when the lessee notifies the City of his/her desire to purchase the leased lot, the lessee shall not be entitled to surrender the lease and execute a new fifteen (15) year lease with annual rent calculated at the rate of two percent (2%) per year, as specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code.

(c) A Lake Nasworthy commercial lot leaseholder, excluding any leaseholder of Spring Creek Marina, who desires to buy his or her lot from the City of San Angelo, may do so under the following conditions:

(1) If the leaseholder’s lease, on the effective date of this section, will expire after December 31, 2012 and there are more than ten (10) years remaining on the lease term when the lessee notifies the City of his/her desire to purchase the leased lot, the lessee shall surrender the lease and execute a new ten (10) year lease, which shall provide that annual rent will be calculated in the same manner as the rate is determined in the existing lease and shall further provide that if the lessee, during the sale process, elects not to proceed with the sale, the lease will terminate on the date the surrendered lease would have terminated.

(2) If the leaseholder’s lease, on the effective date of this section, will expire after December 31, 2012, and there are less than ten (10) years remaining on the lease term when the lessee notifies the City of his/her desire to purchase the leased lot, the lessee shall not be entitled to surrender the lease and execute a new ten (10) year lease.

(d) Any Lake Nasworthy organizational lot leaseholder desiring to buy its lot from the City of San Angelo, excluding any leaseholder of the following lots:

(1) approximately 20.24 acres (currently leased to the Boy Scouts of America);

(2) approximately 0.709 acres (currently leased to the Concho Bass Club);

(3) approximately 81.99 acres (currently leased to the Concho Valley Archery Association); and

(4) approximately 15.35 acres (currently leased to the United States Government as the Goodfellow Rest Camp);

may do so under the following conditions:

(A) If the leaseholder’s lease, on the effective date of this article, will expire after December 31, 2018, and there are more than fifteen (15) years remaining on the lease term when the lessee notifies the City of its desire to purchase the leased lot, the lessee shall surrender the lease and execute a new fifteen (15) year lease, which shall provide that annual rent will be calculated at the rate of two percent (2%) per year, as further specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code and

shall further provide that if the lessee, during the sale process, elects not to proceed with the sale, the lease will terminate on the date the surrendered lease would have terminated.

(B) If the leaseholder’s lease, on the effective date of this article, will expire after December 31, 2018, and there are less than fifteen (15) years remaining on the lease term when the lessee notifies the City of its desire to purchase the leased lot, the lessee shall not be entitled to surrender the lease and execute a new fifteen (15) year lease with annual rent calculated at the rate of two percent (2%) per year as specified in Appendix A, Article 6.000, Section 6.100(3)(B) of this code.

(e) Any other leaseholder who desires to buy his or her lot from the City of San Angelo shall advise the City Council through the City Manager or his designee, and the City Council shall consider whether it desires to sell such individual lot and if so, under what conditions.

(f) The sale price of any lot shall be the fair market value of the City’s interest in the lot as determined by an MAI certified appraiser, who shall be hired and paid by the City.

(g) The City Council shall determine whether or not it desires to sell a lot at an appraised value or whether additional appraisals shall be performed.

(h) The City staff shall develop a procedure for the sale of lots based upon City Council policies and this article.

(i) Future amendments to the sales process or terms of sale shall not apply to those sales which have been completed prior to such amendments.

Sec. 9.104 Reserved

Sec. 9.105 Garbage Collection And Removal*

(a) Garbage, refuse, debris and all forms of litter resulting from use of public facilities must be disposed of in containers provided for such purpose at locations designated, or removed from the premises.

(b) Littering is prohibited on the lands and waters.

(c) The penalty for violation of a provision of this section shall be as provided for in Sec. 1.106 of the Code of Ordinances of the City of San Angelo.

Sec. 9.106 Animals*

(a) Definitions:

(1) Domesticated Animals. Means any animal tamed or converted to domestic uses.

(2) Fowl. Means any feathered vertebrate including but not limited to ducks, geese, chickens, pigeons, dove, quail and turkeys.

(3) Livestock. Means useful animals generally kept or raised on a farm or ranch, including but not limited to bovine, horses, domestic swine, goats, sheep, rabbits and hares.

(b) Livestock and Fowl: It shall be unlawful to keep or maintain any livestock or fowl on the public park properties around Lake Nasworthy and Twin Buttes Reservoir unless expressly authorized by the City Manager or his designee.

(c) Dogs and Cats: All dogs and cats on the Public Parks properties around Lake Nasworthy and Twin Buttes Reservoir are subject to the animal control regulations specified in Chapter 3 of this code.

(d) Exemption for San Angelo Nature Center. The San Angelo Nature Center shall be exempt from Rules and Regulations of this Article pertaining to non-domesticated animals.

(e) Prohibition of Animals in Certain Areas. It shall be unlawful to keep, allow or harbor domesticated animals or snakes in designated swimming or beach areas at Lake Nasworthy or Twin Buttes Reservoir or in the Lake Nasworthy Park area commonly known as Horseshoe Bend. It shall be unlawful to keep, allow or harbor non-domesticated animals or snakes on the premises of Lake Nasworthy or Twin Buttes Reservoir.

Sec. 9.107 Water Use

(a) Fixed or Floating Structures and Objects; Lake Nasworthy.

(1) No person, firm, corporation, association or organized group shall have, construct, install, use, permit the use of, operate, or maintain on the waters of Lake Nasworthy or Twin Buttes Reservoir any structure object or device permanently or semi-permanently fixed, tethered or anchored in place in, upon or over the surface of any water for any purpose, including but not limited to docking, without first securing a permit or other written authorization therefore from the City Manager or his designee.

(2) All permanently or semi-permanently fixed or floating structures, objects, or devices in or upon the waters of Lake Nasworthy or Twin Buttes Reservoir requiring a permit or written authorization therefore shall be equipped with red reflecting devices of such size and characteristics and so maintained as to be clearly visible at night from a distance of at least three hundred feet (300') from all directions from which the structure, object, or device could be approached by watercraft.

(3) A fixed or floating structure, object, or device for which a charge is made for its use, shall be classified as a commercial unit. The City Manager or his

designee shall recommend the annual charge for each installation, subject to approval by the City Council. It shall be a violation of these rules and regulations for a charge to be made for the use of a fixed or floating structure, object, or device on the waters of Lake Nasworthy or Twin Buttes Reservoir that has not first been approved by the City Council.

(4) Each floating or fixed structure, object, or device on the waters of Lake Nasworthy attached to or associated with the use or occupancy of a lake lot in compliance with law and these rules and regulations shall be the responsibility of the leaseholder or owner of the lake lot and shall be transferred with a transfer of the lease of the lake lot or the conveyance or sale of the lake lot.

(5) (A) The City Manager or his designee shall have the authority to order the removal of any fixed or floating structure, object, or device that is required to be permitted or otherwise authorized under these rules and regulations if:

(i) The owner or person in control of the structure, object, or device does not have a valid permit or other written authorization for the structure, object, or device as required by these rules and regulations; or

(ii) The structure, object, or device has been determined by the City Manager or his designee to be unsafe and to create a hazard to the health, safety, or welfare of any person or to create an unreasonable risk of damage to property.

(B) Before removal of any structure, object, or device pursuant to this Section 9.107 that does not impose an immediate hazard to persons or property, the owner shall be given notice by registered or certified mail addressed to the owner’s address of record with the City, of the City Manager’s or his designee’s determination and decision to require removal of the structure, object, or device. The notice shall provide a reasonable time period not to exceed sixty (60) days within which the owner or person in control of the structure, object or device may remove it; or, within which the owner or person in control may bring it into compliance if the City Manage or his designee makes a determination that the structure, object, or device, with or without alteration, may be non-hazardous to persons or property. If the required removal or compliance action is not completed within the sixty (60) day notice period the structure, object, or device shall be removed and disposed of by the City at the discretion of the City Manager or his designee. The costs incurred or allocated for such removal and disposition shall be reimbursed by the owner or person in control of the structure, object, or device to the City and shall be due and payable immediately when the owner or person in control is notified, in writing of the amount due. The costs incurred or allocated by the City for removal and disposition of a structure, object, or device pursuant to this Section 9.107

shall constitute the personal obligation of the owner or person in control of the structure, object, or device in violation of these rules and regulations; and, as to violations on Lake Nasworthy, shall constitute additional rent applicable to any leased lake lot of such owner or person in control thereof.

(b) Boats and Craft operated on Lake Nasworthy and Twin Buttes Reservoir.

(1) It shall be unlawful to operate a boat on Lake Nasworthy with over the transom (OT) exhaust. Engine exhaust shall not create excessive noise that would constitute a public nuisance. For special events, the City Council may allow an exception to these requirements.

(2) It shall be prohibited to tow a ski rope behind a boat when said boat is not actively engaged in pulling a water skier except when retrieving a water skier.

(3) It shall be unlawful for any person to drive or operate any boat or water craft in such a manner as to create a wake in any areas on Lake Nasworthy or Twin Buttes Reservoir designated with signs or buoys as “no wake” areas. For the purpose of addressing safety, the City Manager or his designee shall have the authority to designate “no wake” areas, maintain a list of “no wake” areas, and place signs or buoys designating “no wake” areas.

(4) It shall be prohibited to trail ropes or pull tubes or any other devices in areas designated "No Wake" or "No Skiing."

(c) Skiing.

(1) It shall be unlawful for any person to water ski or to operate a boat in such a manner as to pull a water skier in any areas on Lake Nasworthy or Twin Buttes designated as "no skiing" areas. For the purpose of addressing safety, the City Manager or his designee shall have the authority to designate “No Skiing” areas, maintain a list of “No Skiing” areas, and place signs or buoys designating “No Skiing” areas.

(2) Any skier who has fallen must be immediately retrieved by the operator of the boat that was towing the skier.

(d) Swimming.

(1) The City Manager or his designee shall designate swimming areas by erecting signs or buoys at either end of such areas.

(2) No person shall swim at any place into the water for a distance of more than one hundred fifty feet (150') from the lake shoreline unless such person is accompanied by a boat properly equipped with life preservers, or is wearing a life jacket.

(3) It shall be prohibited to swim in marina areas and at all boat ramps.

(4) It shall be prohibited to swim at the point at the easternmost point of Camper Road.

(5) It shall be prohibited to swim in the cement basin southeast of the swim beach at Mary Lee Park.

(e) Diving.

(1) It shall be unlawful for any person to dive with any underwater breathing apparatus on the waters of Lake Nasworthy or Twin Buttes Reservoir unless such person displays a "diver down" flag on a boat, float or other floating platform, which flag shall comply with Section 31.1021(f) of the Texas Parks and Wildlife Code, V.T.C.A. and shall be displayed at least three feet (3') high on a staff.

(2) It shall be unlawful for any person to dive within two hundred (200) yards of marinas or boat ramps.

(f) Fishing.

(1) It is hereby declared to be unlawful for anyone to run, molest, take any fish from, or otherwise interfere with any trotline which is installed in accordance with state regulations, or the throw line of another or to assist anyone in doing so, without the consent of the owner of such trotline or throw lines.

(2) Trotlines used in designated skiing areas shall be weighed so that such trotlines shall not come nearer than four feet (4') from the surface of the water. Trotlines shall be identified by a surface float. Trotlines are prohibited in designated swimming areas. Trotlines shall be installed according to state regulations.

(3) It shall be prohibited to fish off the marina fueling docks.

(4) It shall be prohibited to fish off the South Concho Drive low water crossing on the South Concho section of Lake Nasworthy at or about 2.2 miles southeast of F.M. 584 on South Concho Drive.

(g) Safety Clause. All persons using the waters of the lakes or rivers for the purpose of recreation in any form do so at their own risk and peril, and must use all reasonable means to secure their own safety.

(h) Special Events. On certain occasions the City Council may authorize individuals or groups to hold special events for sporting and recreational purposes at Lake Nasworthy and Twin Buttes. Additionally, the City Council may authorize temporary variances from the prohibitions and requirements of City ordinances for the events. In determining whether to

authorize an event and grant one or more variances, the Council shall take into account the following factors:

(1) Proximity of event to residential areas;

(2) Probability of event causing undue disturbance to occupants and users of the lakes;

(3) Ability of organizers to ensure safety of participants and observers, including but not limited to acquiring appropriate insurance;

(4) Whether varying from the standard requirements and prohibitions of City ordinances would result in undue danger to participants under the circumstances (i.e., location, time, size, etc.) of the special event; and

(5) Any other unique circumstances relating to each particular event.

Sec. 9.108 Land Use

(a) Camping.

(1) Definitions.

(A) "Campsite" means the area needed, occupied and used by a recreational vehicle or a group of individuals for overnight accommodations, a meeting place, building a fire, or preparing or partaking of a meal.

(2) The City Manager or his designee shall have the authority to designate overnight camping sites and to mark same. Camping is allowed only in designated sites. Campsites will be designated as RV or tent campsites. RVs are not permitted to park in tent campsites, and tent campers may not occupy an RV campsite unless they also have an RV. Camping in other than a designated area is a violation of this section. The penalty for violation of this ordinance is provided for in Sec. 1.106.

(3) No person shall be permitted to reserve a particular campsite for more than two (2) weeks in succession, after which they must make another reservation for a site that is not and will not be in use.

(4) A charge will be made for the use of designated public camping areas. The fee per campsite shall be as provided for in the fee schedule set forth at Appendix A, Article 6.000 of the Code of Ordinances of the City of San Angelo.

(5) An overnight camping permit must be purchased for each day that an overnight campsite is occupied. The permit must be hung from the rearview mirror of the campers’ vehicle, with the information facing outward.

(6) Campsites must be secured by reservation in advance and/or assigned by City personnel. Refusal or failure to occupy the assigned campsite could be grounds for removal from the park.

(7) No more than ten (10) people over the age of ten years with no more than three (3) vehicles may occupy a single campsite.

(b) Open Fires. Fires in camping or picnic areas are prohibited except in grills and or in established fire rings. Fires may not be burned when a burn ban is in effect in Tom Green County, in holes or on the ground, or using wood gathered from the park. All ashes must be extinguished by drenching.

(c) Hunting.

(1) It shall be unlawful to hunt with a bow or hunt with or possess or fire any firearm upon, along, across or from any part of the premises of Lake Nasworthy, Twin Buttes Reservoir, or any other waters or land owned or controlled by the City except:

(A) at the Tom Flowers Law Enforcement Training Academy; and

(B) with a bow or shotgun (no slugs) in the areas specifically designated by the City Manager or his designee.

(2) Permits valid for a specified period of time and a specified area may be granted-by the City Manager or his designee for persons using firearms in the control of rodents, varmints or destructive predators.

(3) Hunting blinds and feeders may not be erected on the properties around Lake Nasworthy or Twin Buttes Reservoir unless allowed by City contract or if the blind or feeder is transported onto and off of the property on the same day.

(4) Discharging a firearm or shooting a bow and arrow from any motorized vehicle is prohibited.

(5) Shooting of clay targets at Twin Buttes Reservoir is allowed only in designated areas.

(6) Hunting is not allowed within 300 feet of fence lines on the premises.

(d) Public property; Buildings, Equipment, Materials, Landscapes, Supplies, Etc. No person, persons, groups, companies, associations or corporations shall:

(1) Willfully mark, deface, disfigure, tamper with, or displace or remove any City property or appurtenances whatsoever, either real or personal, including buildings, bridges, tables, benches, fireplaces, railings, paving, or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities on the premises.

(2) Remove, transplant or damage any tree, shrub, or plant on land not under lease. Authorization must be obtained for the removal or transplanting of trees, other than mesquite, on leased land.

(e) Real Estate.

(1) Each Lake Nasworthy leaseholder or property owner shall post and maintain on their lot the correct street number of such lot so that the number is clearly legible from the public roadway closest to such lot. All numbers posted pursuant to this section shall be at least three (3) inches in height.

(2) Excavation, removal, addition to, or alterations of the Lake and stream shoreline without authorization of the City Manager or his designee is prohibited. In addition, there shall be no change in land contour or drainage patterns, nor removal, or addition of any type of earth material in any location away from the shoreline without authorization. Authorization must also be given for the alteration, removal or addition of material to the Lake or river bottom.

(f) Traffic.

(1) The movement of all vehicular traffic shall be limited to designated roadways. A designated roadway is one in which the road surface is improved or otherwise distinguished from the adjacent land. Such roadways shall be designated by signs and maps. The City Manager or his designee, with the approval of the City Council, shall for the roads under the City’s control, establish speed limits, traffic signs, locate speed bumps, and take all actions necessary to provide for the safe movement of all forms of land traffic, including but not limited to motor driven, animal, pedestrian, and bicycle traffic.

(2) It shall be prohibited to block any boat ramp for any longer period of time than that required to load or unload one's boat.

(3) Only authorized emergency vehicles or other authorized vehicles may drive on roads designated as restricted for authorized vehicle use or otherwise closed to public access.

(4) (A) The following areas shall be designated "NO PARKING":

(i) The west side of Camper Road from a point of beginning located five hundred feet (500') southwest of Spring Creek Marina to a point eight hundred feet (800') south of the point of beginning.

(ii) The north side of Camper Road from Spring Creek Marina to sixteen hundred feet (1600') east of Spring Creek Marina. (3)

(iii) The area along either side of Twin Buttes Marina Circle Road.

(B) The following areas shall be designated thirty (30) minute parking zones:

(i) The parking area directly in front of Spring Creek Marina.

(5) (A) Cars may not enter the gate at Camper Road at the times that Fisherman's Road is designated as one-way. Cars shall exit at the gate during the times that Fisherman's Road is designated as one-way.

(B) No person shall turn a vehicle so as to make a left turn from Fisherman's Road onto Camper Road when the entrance gate at Fisherman's Road is in operation for the purpose of collecting entrance fees.

(6) Miscellaneous Traffic Rules:

(A) Clinging to Vehicles: It shall be unlawful for any person riding upon a bicycle, coaster, roller skates, sled or toy vehicle to attach the same or himself to any vehicle upon a roadway.

(B) Boarding or Alighting from Vehicles: It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.

(C) Unlawful Riding: It shall be unlawful for any person to ride or to permit another person to ride upon any portion of a vehicle not designated or intended for the use of passengers. This provision shall not apply to an employee legally engaged as necessary in the discharge of a duty, or to persons otherwise legally riding within truck bodies in space intended for merchandise.

(7) Limited vehicular access: Vehicular access to gated roads and fenced land area around Twin Buttes Reservoir is restricted to access through those gates designated for such access. It shall be a violation of these rules and regulations for a person to access such roads or fenced land areas other than by use of designated gates without first being issued a key to the designated gates upon written application with the Parks and Recreation Department of the City and securing an annual entrance permit as provided for in the fee schedule set forth in

Appendix A, Article 6.000 of the Code of Ordnances of the City of San Angelo. The permit may also grant access to Lake Nasworthy parks.

(g) Fees - Lake Nasworthy and Twin Buttes Reservoir: The entrance day use permit fees as provided for in the fee schedule found in the appendix of this code will be charged for entrance into certain areas at Lake Nasworthy and Twin Buttes Reservoir. The day use permit fees shall be paid at entrance gates and other City-approved outlets from the first week-end in March through Labor Day of each year. Day use permits must be purchased prior to or while in the park, and displayed on the driver’s side dashboard of the user’s vehicle. Day use permits expire at 10:30 p.m. on the day they are purchased. Day use permit holders must vacate the park before expiration of their permits. Any person holding a valid camping permit shall be exempt from the requirement to possess a day use permit.

(h) Restricted Areas: Access to the following described areas designated as Restricted Areas is prohibited as follows:

(1) The entire length of the earthen embankment and road on top of Twin Buttes Darn shall be restricted to all vehicular traffic, except for authorized vehicles.

(2) The earthen embankment east of Twin Buttes stilling basin and the gate control area on top of the Twin Buttes Darn two hundred feet (200') north and two hundred feet (200') south of the control house), shall be restricted to all vehicular and pedestrian traffic, except for authorized personnel and vehicles.

(3) The Twin Buttes stilling basin shall be restricted to all vehicular traffic, except authorized vehicles.

(4) The Twin Buttes gates inlet works and outlet works stilling basin shall be restricted to all boats and swimmers within one hundred feet (100') of the inlet and outlet works, except for authorized boats and personnel.

(5) The entire length of the earthen embankment and the road on top of the Lake Nasworthy Darn shall be restricted to all vehicular traffic, except for authorized vehicles.

(6) The Lake Nasworthy gates shall be restricted to all boats and swimmers within one hundred feet (100') of the gate works, except for authorized boats and personnel.

(7) The Lake Nasworthy outlet works within 300 feet downstream of the gates shall be restricted to all vehicles, boats, swimmers and pedestrian traffic, except for authorized personnel and vehicles.

(8) The Twin Buttes Spillway is restricted to all vehicles and pedestrian traffic, except for authorized personnel and vehicles.

(9) It shall be unlawful for any person to be in either Spring Creek, Middle Concho Park, or the land area of Twin Buttes between the hours of 10:30 P.M. and 6:00 A.M. unless such person either possesses a valid camping permit or is accompanied by and in the presence of another person who possesses a valid camping permit.

(i) Glass Containers Prohibited: The possession of glass containers, upon all publicly accessible properties (including the bodies of water) at Lake Nasworthy and Twin Buttes Reservoir shall hereby be prohibited.

(j) Fireworks: Fireworks may be discharged at Twin Buttes Reservoir only in designated areas. Fireworks are prohibited at Lake Nasworthy in accordance with Chapter 6, Article 6.100, Sec. 6.102 of the Code of Ordinances of the City of San Angelo.

Section (2) That Chapter 9, Article 9.400, entitled “Penalty” of the Code of Ordinances of the City of San Angelo is hereby repealed and the following restated Article 9.400, entitled “Penalty” is hereby adopted:

ARTICLE 9.400 PENALTY

Section 9.401 Reserved.

Sec. 9.402 Penalty

(a) Penalty. Violation of any provision of Article 9.100, entitled “Lake Nasworthy-Twin Buttes”, or 9.200, entitled “Parks”, by any lessee or permit holder relating to the premises and City-owned property may be grounds for termination of such lease or cancellation of such permit . Any person, group, company, association or corporation violating any provision of Articles 9.100 or Article 9.200 shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of the Code of Ordinances of the City of San Angelo, unless a specific fine is provided for elsewhere in this chapter. Each day that a violation continues shall be a separate offense.

(b) Violations of this chapter shall be prosecuted in the municipal court of the City of San Angelo.

Section (3) That Appendix A, Article 6.000, entitled “Park Use Fees” of the Code of Ordinances of the City of San Angelo is hereby repealed and the following restated Article 6.000, entitled “Park Use Fees” is hereby adopted:

ARTICLE 6.000 PARK USE FEES

Sec. 6.100 Lake Nasworthy Lot Lease Fees

The fees to be paid for lot leases or use of Lake Nasworthy lots shall be as follows:

(1) Transfer fees:

(A) For transfers of residential leases shall be two hundred fifty dollars ($250.00);

(B) For transfers of commercial leases shall be one thousand dollars ($1,000.00);

(C) For transfers of organizational leases shall be two hundred fifty dollars ($250.00).

(2) Granting fees:

(A) For a residential lease shall be one hundred fifty dollars ($150.00).

(B) For a commercial lease shall be two hundred dollars ($200.00);

(C) For organizational, grazing or recreational lease shall be seventy-five dollars ($75.00).

(3) Annual Rent:

(A) Rent Escalation at Ten-Year Intervals. Any Lake Nasworthy lease requiring annual lease fee adjustments at five (5) year intervals, for which an adjustment is due on or after September 15, 1992, shall be adjusted on its regular adjustment date by increasing the annual lease fee (hereinafter referred to as “annual rent”) by two percent (2%) per year for the previous five (5) years, for a total of ten percent (10%). Such adjusted annual rent shall thereafter be adjusted at ten (10) year intervals by increasing the annual rent by two percent (2%) per year for the previous ten (10) years, for a total of twenty percent (20%).

(B) Rent Escalation When New Lease is Required Before Termination. In the event any lessee requests a new Lake Nasworthy lease before the expiration of the term of the current lease and the annual rent under the current lease is not based upon the appraised market value of the land, an adjustment shall be made effective the commencement date of the new lease by increasing the annual rent by two percent (2%) per year or per any portion of a year for time elapsed since the last adjustment. Such adjusted annual rent shall thereafter be adjusted at ten (10) year intervals by increasing the annual rent by two percent (2%) per year for the previous ten (10) years, for a total of twenty percent (20%), provided however, that this adjusted annual rent shall be applicable only for a time period that would equal the number of years remaining on the term of the current lease or until December 31, 2016, whichever is later. After this time period elapses, the annual rent shall equal the appraised market value of land multiplied by a factor of 0.08.

(C) Rent Escalation Based on Appraised Market Value Effective January 1, 2017. Effective January 1, 2017, annual rent shall be calculated based upon the appraised market value of the land multiplied by a factor of 0.08. Thereafter, all City owned lots at Lake Nasworthy shall be appraised at intervals of not less than ten (10) years to determine the

market value of the land. Upon completion of each appraisal of the land, the annual rent will be adjusted utilizing the newly determined market value and the multiplication factor of 0.08.

(D) Late Fees. If any Lake Nasworthy lease fees due to the City are not paid in full on or before the due date specified in the lease, a late charge of twenty dollars ($20.00) per month shall be incurred by and collected from the person or entity owing the sum.

Sec. 6.200 Campsite Fees

A camp site permit shall be required for the use of designated public camping areas. The fees for camp site permits shall be paid at designated entrance gates, or at other City-outlets as may be approved by the City Council from time to time. The following fee schedule shall apply for day use and annual permits:

(1) Except as otherwise provided for designated holidays, a camp site permit shall be six dollars ($6.00) per day per camp site for a permit issued to a San Angelo resident and twelve dollars ($12.00) per day per camp site for a permit issued to an out-of-town resident.

(2) A camp site permit shall be seven dollars ($7.00) per day per camp site for a permit issued to a San Angelo resident and fourteen dollars ($14) per day per camp site issued to an out-of-town resident for the following designated holidays, valid from 8 a.m. to 8 p.m.:


(b.) Memorial Day and Labor Day weekends including the preceding Saturdays and Sundays; and,

(c.) The 4th of July, and when the 4th of July is on a Friday, Saturday Sunday or Monday, the Saturday and Sunday of that Independence Day weekend.

Sec. 6.300 Entrance Fees

Lake Nasworthy and Twin Buttes Reservoir. Permits shall be required per vehicle for entrance into designated areas at Lake Nasworthy and Twin Buttes Reservoir beginning the Friday preceding the first weekend in March and continuing through Labor Day of each year. Day use permits shall expire at 10:30 p.m. on the day they are issued. The fees for permits shall be paid at designated entrance gates, or at other City-outlets as may be approved by the City Council from time to time. Any person holding a valid camping permit shall be exempt from the requirement for a day use permit. The following fee schedule shall apply for day use and annual permits:

(1) Except as otherwise provided for designated holidays, a day use permit shall be three dollars ($3.00) per day per vehicle for a permit issued to a San Angelo resident

and six dollars ($6.00) per day per vehicle for a permit issued to an out-of-town resident valid from 4 p.m. to 8 p.m. on Mondays through Thursdays, and valid from 8 a.m. to 8 p.m. Fridays through Sundays, during the period.

(2) A day use permit shall be four dollars ($4.00) per day per vehicle for a permit issued to a San Angelo resident and eight dollars ($8) per day per vehicle issued to an out-of-town resident for the following designated holidays, valid from 8 a.m. to 8 p.m.:


(b.) Memorial Day and Labor Day weekends including the preceding Saturdays and Sundays; and,

(c.) The 4th of July, and when the 4th of July is on a Friday, Saturday Sunday or Monday, the Saturday and Sunday of that Independence Day weekend.

(3) Except as otherwise provided, an annual permit fee shall be Twenty-five dollars ($25.00) per vehicle issued to a San Angelo resident and fifty dollars ($50) per vehicle issued to an out-of-town resident. The annual permit also grants limited vehicular access to land areas around Twin Buttes Reservoir.

(4) An annual permit fee shall be fifteen dollars ($15.00) per vehicle issued to a person over the age of sixty-five (65) without regard to residency. The annual permit also grants limited vehicular access to land areas around Twin Buttes Reservoir.

(5) An annual permit fee shall be fifteen dollars ($15.00) per vehicle issued to a person for a vehicle that is equipped with a valid handicapped parking permit or plates. The annual permit also grants limited vehicular access to land areas around Twin Buttes Reservoir.

(6) An annual permit fee shall be fifteen dollars ($15.00) per vehicle issued to a person who displays a Department of Defense 214 form, proving service in the armed forces, without regard to residency. The annual permit also grants limited vehicular access to land areas around Twin Buttes Reservoir.

Section 4) THAT, the following severability clause is adopted with this ordinance: 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, this Ordinance shall be effective on, from and after the date of adoption. INTRODUCED on the day of 2011, and finally PASSED, APPROVED and ADOPTED on this day of , 2011. CITY OF SAN ANGELO ATTEST: Alvin New, Mayor Alicia Ramirez, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM: Carl White, Dir. of Parks & Rec. Lysia H. Bowling, City Attorney

6/1/2011

1

Lake OrdinancesJune 7, 2011

Lake Ordinances• Phase I: Address safety and security at Twin

Buttes.

• Phase II: Ordinance overhaul, along with operational, permitting and conceptual improvement plans.

• Phase III: New permitting process for Twin Buttes Council in summer Implement in fallButtes. Council in summer. Implement in fall.

• Phase IV: Continued improvements in, development of lake parks.

6/1/2011

2

Lake Ordinances• Much of Article 9.100 in Code of Ordinances,

which governs Lake Nasworthy and Twin Buttes Reservoir has not been touched since Buttes Reservoir, has not been touched since the code was adopted 52 years ago.

• Proposed changes seek to achieve a more consistent efficient and modern approach to consistent, efficient and modern approach to issues such as use, access, permits and fees.

Lake Ordinances• Permits and fees

• Day use permits – Rates remain $3 and $$6/vehicle. Collected 4-8 pm Mon-Thur, 8 am-8 pm Fri-Sun and holidays. Fees would be $4 and $8 on holiday weekends to offset litter-control costs. Day use permits expire at 10:30 pm. Permits could be sold at outlets.p

• Annual permits – $25 for COSA residents, $50 for non-residents, $15 for seniors, disabled and veterans.

6/1/2011

3

Lake Ordinances• Camping permits – Rates remain $6 and

$12/site. Sold year-round. Fees would be $7 and $14 on holiday weekends to offset litterand $14 on holiday weekends to offset litter-control costs.

• Vehicle permits – Would allow vehicular access to Twin Buttes (and to Nasworthy). $25 for COSA residents, $50 for non-$ , $residents, $15 for seniors, disabled and veterans.

• Enforcement – SAPD officers check permits.

Lake Ordinances• Campsites

• Secured by reservation and assigned. No more than 10 people older than 10 and no • No more than 10 people older than 10 and no more than 3 vehicles per campsite.

• Hunting• Blinds, feeders prohibited unless placed by

contract or transported into and off on same d day.

• Shooting from motorized vehicles prohibited. • More hunting and firearms use matters to

follow in future Council discussions.

6/1/2011

4

Lake Ordinances• “Housekeeping matters”

• Elimination of references to positions, organizations and places that no longer exist.

• Redundancy

• Remove ordinances that exist elsewhere.

Fi k• Fireworks

• Designate, via signage, areas for discharge.

Lake Ordinances• Through May 15, $46,420 in revenue generated

– nearly $17K more than last year.

• Changes will result in additional revenue, which could be reinvested in lake parks to address priorities identified by the public and/or pay for a lakes master planlakes master plan.

• Staff recommends approval.

city council june 7, 2011 agenda packet

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